Opinion FlashJanuary 22, 2004
Volume 10 Number 014
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):
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Howard H. Vogel
ELMER DAVID DOYLE v. UNITED PARCEL SERVICE, ET AL. Court:TSC - Workers Comp Panel Attorneys: Mark W. Raines, R. Scott Vincent, and Lawrence W. White , Memphis, Tennessee for the appellants, United Parcel Service and Liberty Mutual Insurance Company. David Hardee, Jackson, Tennessee, for the appellee, Elmer David Doyle. Judge: WALKER First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. Section 50-6-225(e)(3) for hearing and reporting to the Supreme Court of the finding of fact and conclusions of law. The only issue submitted to the trial judge was the extent of the employee's permanent vocational disability. The employer appeals the award of permanent disability benefits to an employee. We affirm. http://www.tba.org/tba_files/TSC_WCP/doyleed.wpd
MARY E. MADISON, AS SURVIVING SPOUSE OF JAMES R. MADISON, DECEASED, ET AL. v. STATE OF TENNESSEE Court:TCA Attorneys: John D. Agee, Kingston, Tennessee, for the Appellants Mary E. Madison, as surviving spouse of James R. Madison, deceased, Mary E. Madison, Kenneth Raymond Madison and Wilma Jean Madison. Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, and Dawn Jordan, Assistant Attorney General, Nashville, Tennessee, for the Appellee State of Tennessee. Judge: SWINEY First Paragraph: These consolidated claims against the State of Tennessee ("State") arise out of an automobile accident which resulted in the death of James R. Madison and personal injury to Mary E. Madison, Kenneth R. Madison, and Wilma J. Madison (collectively referred to as "Claimants"). The State filed a motion for summary judgment which the Claims Commission ("Commission") granted based primarily on Claimants' failure to file a timely response. The Commission later set aside its order granting the State's summary judgment motion and ordered Claimants to file a response to that motion no later than March 19, 2003. Claimants filed their response to the motion for summary judgment on March 18, 2003. On May 14, 2003, apparently acting under the misapprehension that Claimants still had not responded to the motion for summary judgment, the Commission dismissed the claims based on Claimants' violation of its previous order directing them to respond. We vacate the dismissal of these claims and remand for further proceedings. http://www.tba.org/tba_files/TCA/madisonm.wpd
STATE OF TENNESSEE v. DERRICK L. DILLARD Court:TCCA Attorneys: Merrilyn Feirman, Nashville, Tennessee, (on appeal) and William Bradley Lockert, III, District Public Defender; C. Wade Bobo, Assistant Public Defender; and Christopher L. Young, Assistant Public Defender, (at trial) for the appellant, Derrick L. Dillard. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; Helena Walton Yarbrough, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; and Suzanne Lockert, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Derrick L. Dillard, argues in this appeal that the trial court erred by imposing an illegal sentence following a hearing in which the trial court found that Defendant had violated the terms and conditions of his Community Corrections sentence. The State agrees that the trial court erred. After a full review of the record, we reverse the judgment of the trial court and remand for entry of an order consistent with this opinion. http://www.tba.org/tba_files/TCCA/dillardderrickl.wpd
RONNIE L. JOHNSON, Petitioner/Appellant v. STATE OF TENNESSEE, Respondent/Appellee Court:TCCA Attorneys: Gregory D. Smith, Clarksville, Tennessee, for the appellant, Ronnie L. Johnson. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, 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: WOODALL First Paragraph: Petitioner, Ronnie L. Johnson, appeals from the trial court's dismissal of his petition wherein he sought relief pursuant to the "Post-Conviction DNA Analysis Act of 2001," Tennessee Code Annotated sections 40-30-301 - 40-30-313. After review of the entire record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/johnsonronniel.wpd
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