Opinion Flash

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


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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