Opinion Flash

November 18, 2003
Volume 9 — Number 211

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

This Issue (IN THIS ORDER):
00 New Opinion(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
06 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


CHARLES R. NEWMAN v. THE CITY OF KNOXVILLE, ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

J. Anthony Farmer, Knoxville, Tennessee, for the appellant, Charles R.
Newman

James T. Shea IV, Knoxville, Tennessee, for the appellee, the City of
Knoxville

Paul Summers, Attorney General and Reporter, E. Blaine Sprouse,
Assistant Attorney General, for the appellee, Sue Ann Head,
Administrator, Workers' Compensation Division, Tennessee Department of
Labor, Second Injury Fund.

Judge: BYERS

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with TENN. CODE ANN.S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  In this
appeal, the employee insists the trial court erred in granting summary
judgment in favor of the employer.  As discussed below, the panel has
concluded the trial court erred in granting the employer summary
judgment.

http://www.tba.org/tba_files/TSC_WCP/newmanc.wpd

TRACI L. NOLAN v. COVENANT HEALTH

Court:TSC - Workers Comp Panel

Attorneys:                          

Joseph M. Ford, Loudon, Tennessee, for the appellant, Traci L. Nolan.

F. Michael Fitzpatrick, Knoxville, Tennessee, for the appellee,
Covenant Health.

Judge: BYERS

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals panel of the Supreme Court in accordance
with Tennessee Code Annotated S 50-6- 225(e)(3) for hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law.  The trial court found the plaintiff did not prove that she
contracted Hepatitis C while in the course and scope of her
employment.  We affirm the judgment of the trial court.

http://www.tba.org/tba_files/TSC_WCP/nolant.wpd

STATE OF TENNESSEE v. JOHN BREWER

Court:TCCA

Attorneys:                          

Claudia S. Jack, District Public Defender, and Robin Farber, Assistant
Public Defender, for the appellant, John Brewer.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; T. Michel Bottoms, District
Attorney General; and Christi L. Thompson, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant pled guilty to aggravated burglary, theft over $1000,
and vandalism and was sentenced to five years probation. 
Subsequently, after the defendant tested positive for marijuana and
his probation officer filed a probation violation report, the trial
court revoked his probation following a hearing. The defendant
appeals, arguing that the trial court erred in relying upon a
laboratory report showing marijuana in his urine because the
accompanying affidavit had not been executed by the technician who
performed the test but by the assistant laboratory director. 
Following our review, we affirm the order of the trial court revoking
the defendant's probation.

http://www.tba.org/tba_files/TCCA/brewerjohn.wpd

STATE OF TENNESSEE v. ALBERT G. GASSAWAY

Court:TCCA

Attorneys:                          

William B. Lockert, III, District Public Defender; and Haylee Bradley,
Assistant District Public Defender, for the appellant, Albert G.
Gassaway.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; Dan M. Alsobrooks, District
Attorney General; and Carey J. Thompson, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant, Albert G. Gassaway, appeals his conviction for DUI,
second offense.  The trial court sentenced the defendant to eleven
months, twenty-nine days, with six months to be served in the county
workhouse and the remainder on probation, ordered him to pay a $600
fine, and suspended his driving privileges for two years.  The
defendant appeals, arguing that the evidence was insufficient to
support his conviction for DUI, second offense, and that the court
erred in imposing more than the minimum sentence.  Following our
review, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/gassawayalbertg.wpd

DENNIS RAY GILLILAND v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Jerred A. Creasy, Charlotte, Tennessee, for the Appellant, Dennis Ray
Gilliland.

Paul G. Summers, Attorney General & Reporter; Kim R. Helper, Assistant
Attorney General; Dan Mitchum Alsobrooks, District Attorney General;
and Suzanne Lockert, Assistant District Attorney General, for the
Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The petitioner, Dennis Gilliland, appeals the Dickson County Circuit
Court's denial of his petition for post-conviction relief from his
1996 felony murder conviction.  He contends that the trial court erred
in failing to instruct the jury on the issue of alibi.  He also raises
ineffective assistance of counsel because his attorney did not request
an alibi instruction, requested the dismissal of the premeditated
murder count instead of the felony murder count after the jury
returned guilty verdicts on both counts, and did not raise relevant
arguments about the jury seeing the petitioner in handcuffs.  Last,
the petitioner claims that he was denied the right to a fair trial by
an impartial jury because the jury was allowed to hear evidence that
he had been involved in two other, recent shooting deaths.  We affirm
the denial of the post-conviction petition.

http://www.tba.org/tba_files/TCCA/gillilanddennisr.wpd

STATE OF TENNESSEE v. MITCHELL WAYNE HILES

Court:TCCA

Attorneys:                          

Roger Eric Nell, District Public Defender; Russel A. Church, Assistant
Public Defender, Clarksville, Tennessee, for the Appellant, Mitchell
Wayne Hiles.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Kathy D. Aslinger, Assistant Attorney General; John
Wesley Carney, Jr., District Attorney General; and Arthur F. Bieber,
Assistant District Attorney General, for the Appellee, State of
Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Mitchell Wayne Hiles, was convicted of one count of
aggravated sexual battery, a class B felony, following a jury trial. 
The trial court sentenced Hiles to an eight-year sentence in the
Department of Correction.  On appeal, Hiles raises the single issue of
whether the evidence was sufficient to support the verdict.  After
review of the record, we affirm the conviction.

http://www.tba.org/tba_files/TCCA/hilesmitchellw.wpd

TAVARES HILL v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Tavares Hill, Clifton, Tennessee, pro se. 

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General;  Mike Bottoms, District Attorney General;
and Robert C. Sanders, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Tavares Hill,  appeals the denial of his petition for
writ of habeas corpus, which the trial court dismissed as an untimely
petition for post-conviction relief.  He argues that due process
tolled the statute of limitations for post-conviction relief.  Upon
review of the record and the parties' briefs, we affirm the judgment
of the post-conviction court.

http://www.tba.org/tba_files/TCCA/hilltavares.wpd

STATE OF TENNESSEE v. CHRISTIE DIANNE WEBB

Court:TCCA

Attorneys:                          

Brody N. Kane, Lebanon, Tennessee, for the appellant, Christie Dianne
Webb.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; Tom P. Thompson, Jr., District Attorney
General; and Robert N. Hibbett, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant pled guilty to reckless aggravated assault of her
three-month-old son and was sentenced to four years in the Tennessee
Department of Correction.  The trial court incorrectly applied some of
the enhancement factors.  However, the factors that were correctly
applied substantially outweighed any incorrectly applied factors. 
There were no mitigating factors.  The record does not indicate that
the sentence was excessive.  In light of the defendant's extensive
criminal history, the trial court did not err in denying alternative
sentencing.

http://www.tba.org/tba_files/TCCA/webbcd.wpd

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