Opinion Flash

December 17, 2003
Volume 9 — Number 230

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
00	New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00	New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02	New Opinion(s) from the Tennessee Court of Appeals
00	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

RONALD PAUL v. STATE OF TENNESSEE

Court:TCA

Attorneys:                          

Ronald Paul, Wartburg, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; Dawn Jordan, Assistant Attorney General, for the
appellee, State of Tennessee.

Judge: CAIN

First Paragraph:

Appellant, a state prison inmate, filed a claim with the Tennessee
Claims Commission against the State of Tennessee for the alleged
malpractice of Dr. Paul Somers, a physician acting under contract with
the Department of Corrections, to provide medical care for inmates. 
The Commission granted summary judgment on the basis that Dr. Somers
was not a "state employee" within the meaning of Tennessee Code
Annotated section 8-42-101(a)(3).  We affirm the action of the
Commission.

http://www.tba.org/tba_files/TCA/paulronald.wpd

STATE OF TENNESSEE, ET AL. v. SHANNA HALL, ET AL.

Court:TCA

Attorneys:                          

Steve D. Gibson, Lebanon, Tennessee, for the appellants, Shanna Hall
and Christopher Hall.

John Reese Holley, Dickson, Tennessee, Guardian Ad Litem, Pro Se.

Craig Hargrow, Clarksville, Tennessee; Douglas Earl Dimond, Nashville,
Tennessee, for the appellees, State of Tennessee, Department of
Children's Services.

Judge: CAIN

First Paragraph:

Appellants challenge the refusal of the trial judge to recuse himself
in a contempt proceeding.  The case is before this Court on a
Tennessee Rule of Appellate Procedure rule 9 application, and upon
consideration, we find no basis for the contempt citation and remand
the case to the trial court with instructions to dismiss the contempt
citation.

http://www.tba.org/tba_files/TCA/shannahall.wpd

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