Opinion FlashDecember 18, 2003Volume 9 — Number 231 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):
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. Howard H. Vogel DARRELL DWAIN BINKLEY v. TENNESSEE DIECASTING-HARVARD INDUSTRIES, ET AL. Court:TSC - Workers Comp Panel Attorneys: Byron K. Lindberg and Peggy Tolson, Tolson and Associates, Brentwood, Tennessee, for the appellant, Tennessee Diecasting-Harvard Industries and ITT Hartford Insurance Group D. Michael Dunavant, Ripley, Tennessee, for the appellee, Darrell Dwain Binkley Judge: GOLDIN First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with the Tenn. Code Ann. Section S50-6-225 (e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Appellant, employer, argues that the trial court erred in finding that the employee sustained a herniated disc as a result of his on the job injury; in awarding temporary total and permanent partial disability benefits and in not applying the "Last Injurious Injury Rule" to dismiss the employee's claim against Appellant. The Appellee, employee, argues that the trial court erred in limiting employees permanent award to 2.5 times the anatomical rating pursuant to T.C.A. S50-6-241(a)(1) because employee's return to work was not "meaningful". For the reasons discussed below, the panel has concluded that the judgment of the trial court should be affirmed in all respects. http://www.tba.org/tba_files/TSC_WCP/binkley.wpd WILLIE JEAN HEAD v. NISSAN MOTOR MANUFACTURING CORPORATION, U.S.A., ET AL. Court:TSC - Workers Comp Panel Attorneys: William L. Underhill and Aubrey T. Givens, Madison, Tennessee, for the appellant, Willie Jean Head Kenneth M. Switzer and Kitty Boyte, Ruth, Howard, Tate & Sowell, Nashville, Tennessee, for the appellees Nissan Motor Manufacturing Corporation, U.S.A. and Royal and SunAlliance Insurance Company Judge: LOSER 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 disallowing benefits for a left shoulder injury for failure to give timely written notice. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court. http://www.tba.org/tba_files/TSC_WCP/headwj.wpd HELEN LOUISE HENSON v. FACTORY & STEEL TRANSPORTATION, INC., ET AL. Court:TSC - Workers Comp Panel Attorneys: Robert O. Binkley, Jr. and Latosha Mason Dexter, Rainey, Kizer, Reviere & Bell, Jackson, Tennessee, for the appellant, Tennessee Insurance Guaranty Association J. Frank Thomas and Jennifer L. Shumate, Leitner, Williams, Dooley & Napolitan, Nashville, Tennessee, for the appellee, Commerce & Industry Insurance Company Charles L. Hicks, Camden, Tennessee, for the appellee, Helen Louise Henson Judge: LOSER 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, Tennessee Insurance Guaranty Association insists the trial court erred in determining (1) the employee was permanently and totally disabled, (2) the last injurious injury rule did not apply and (3) the employee's permanent and total disability benefits accrued beginning March 14, 2001. The employee insists the preponderance of the evidence supports the findings of the trial court. As discussed below, the panel has concluded the judgment should be modified with respect to the date of injury. http://www.tba.org/tba_files/TSC_WCP/hensonhelen.wpd VICTOR SALAZAR v. CONCRETE FORM ERECTORS, INC., ET AL. Court:TSC - Workers Comp Panel Attorneys: Nicholas S. Akins, Allen, Kopet & Associates, Nashville, Tennessee, for the appellant, Concrete Form Erectors, Inc. Brian Dunigan, Michael D. Ponce & Associates, Goodlettesville, Tennessee, for the appellee, Victor Salazar Judge: LOSER 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 employer insists the trial court erred in (1) finding that the claim is not barred by the employee's willful and intentional failure to follow established policy requiring the use of a safety appliance, (2) finding that the employee has a 39 percent medical impairment and awarding permanent partial disability benefits based on 78 percent to the body as a whole. As discussed below, the panel has concluded the evidence fails to preponderate against the findings of the trial court. http://www.tba.org/tba_files/TSC_WCP/salazarvictor.wpd ROGER L. HICKMAN v. STATE OF TENNESSEE WITH DISSENTING OPINION Court:TCCA Attorneys: Douglas A. Trant, Knoxville, Tennessee, for the Appellant, Roger L. Hickman. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Thomas E. Williams, II, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Zane M. Scarlett, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Roger L. Hickman, appeals the dismissal of his petition for writ of habeas corpus collaterally attacking a 1986 misdemeanor conviction. We affirm dismissal of the petition upon grounds that (1) there is no showing that Hickman is currently "imprisoned or restrained of his liberty," as required by Tennessee Code Annotated Section 29-21-101, and (2) the petition fails to comply with the statutory requirements. http://www.tba.org/tba_files/TCCA/hickmanrogerl_opn.wpd DISSENTING OPINION http://www.tba.org/tba_files/TCCA/hickmanrogerl_dis.wpd STATE OF TENNESSEE v. HOYLE ORR Court:TCCA Attorneys: Raymond Mack Garner, District Public Defender, and Shawn G. Graham, Assistant District Public Defender, for the appellant, Hoyle Orr. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Michael A. Gallegos, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Hoyle Orr, appeals as of right from his convictions following a bench trial in the Blount County Circuit Court for driving under the influence (DUI), third offense, a Class A misdemeanor, and driving on a revoked license, a Class B misdemeanor. The defendant received concurrent sentences of eleven months, twenty-nine days for the DUI and six months for driving on a revoked license and was ordered to serve seven months of his sentence in the county jail, the remainder on probation. He was fined one thousand, one hundred dollars and his license was revoked for three years. The defendant contends that (1) the evidence is insufficient to support his conviction for DUI, and (2) the trial court erred by sentencing him to more than the statutory minimum amounts of confinement for the convictions. We affirm the judgments of conviction. http://www.tba.org/tba_files/TCCA/orrhoyle.wpd STATE OF TENNESSEE v. CHARLES RAY SHORTT Court:TCCA Attorneys: Robert W. White, Maryville, Tennessee, for the appellant, Charles Ray Shortt. Paul G. Summers, Attorney General & Reporter; Brent C. Cherry, Assistant Attorney General; and Jack Marecic, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Charles Ray Shortt, was convicted of manufacturing marijuana, a Class D felony, and possession of drug paraphernalia, a Class A misdemeanor. See Tenn. Code Ann. SS 39-17- 417(a)(1), (g)(2), 39-17-425. The trial court sentenced the defendant to concurrent terms of two years and eleven months, twenty-nine days, respectively. In this appeal as of right, the defendant asserts (1) that the trial court erred by denying his motion to suppress evidence of the drugs and paraphernalia; (2) that the evidence was insufficient to support the conviction for manufacturing marijuana; and (3) that the trial court erred by denying an alternative sentence. The judgments of the trial court are affirmed. http://www.tba.org/tba_files/TCCA/shorttcharlesray.wpd STATE OF TENNESSEE v. DARRELL GLEN SMITH Court:TCCA Attorneys: Edward C. Miller, District Public Defender, for the appellant, Darrell Glen Smith. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General; and James B. Dunn, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Darrell Glen Smith, appeals as of right from his conviction by a jury in the Cocke County Circuit Court for first degree murder. The defendant was sentenced to life imprisonment with the possibility of parole. He contends that (1) the evidence is insufficient to support the jury's rejection of his insanity defense and (2) the trial court erred in failing to grant a new trial due to juror misconduct. We affirm the trial court's judgment of conviction. http://www.tba.org/tba_files/TCCA/smithdarrellglen.wpd TERRY FRANKLIN STOGDILL v. STATE OF TENNESSEE Court:TCCA Attorneys: Robert W. Scott, Jacksboro, Tennessee (on appeal), and Benjamin S. Pressnell, Tazewell, Tennessee (at trial), for the appellant, Terry Franklin Stogdill. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William Paul Phillips, District Attorney General; and John W. Galloway, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The petitioner, Terry Franklin Stogdill, was convicted by a jury in the Claiborne County Criminal Court of one count of rape of a child and one count of incest. The trial court sentenced the petitioner to an effective twenty year sentence to be served in the Tennessee Department of Correction. Following an unsuccessful appeal of his convictions, the petitioner timely filed a petition for post- conviction relief. The petitioner now appeals the dismissal of his petition. 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/stogdillt.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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