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

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version.
Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

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

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi


HomeContact UsPageFinderWhat's NewHelp
© Copyright 2003 Tennessee Bar Association