Opinion FlashMarch 10, 2004Volume 10 — Number 047 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 LINDA F. CLARK, et al. v. NASHVILLE MACHINE ELEVATOR COMPANY INCORPORATED Court:TSC - Workers Comp Panel Attorneys: Branch H. Henard, III, and Mark A. Baugh, Nashville, Tennessee, for the appellant, Nashville Machine Elevator Company, Incorporated. Donald S. Caulkins, Franklin, Tennessee, for the appellees, Linda F. Clark and Brandon W. Clark. Judge: DROWOTA First Paragraph: In this workers' compensation case, the employer, Nashville Machine Elevator Co., Inc., has appealed the trial court's award of death benefits to the widow and son of the employee, Eddie W. Clark, Jr., who suffered a fatal heart attack while driving the employer's vehicle home from work. The employer contends generally that the evidence preponderates against the trial court's finding that the employee suffered an injury causally related to his employment activities, and specifically argues that the heart attack was not compensable because the employee was not physically exerting himself when he suffered the heart attack. The appeal was argued before the Special Workers' Compensation Appeals Panel pursuant to Tennessee Code Annotated section 50-6-225(e)(3), but the appeal was transferred to the full Supreme Court prior to the Panel issuing its decision. The question before this Court is whether the evidence preponderates against the trial court's finding that the employee's heart attack arose out of his employment. After carefully examining the record and the relevant authorities, we find no error and affirm the judgment of the trial court. We further hold that physical exertion or strain is not required at the instant an employee's heart attack occurs, provided there is evidence linking the physical activities of the employment with the heart attack http://www.tba.org/tba_files/TSC_WCP/clarklinda.wpd IN RE C.M.M. & S.D.M. Court:TCA Attorneys: Drew W. Taylor, Erin, Tennessee, for the appellant, M.M. Paul G. Summers, Attorney General and Reporter, and Juan G. Villasenor, Assistant Attorney General, for the appellee, Tennessee Department of Children's Services. Judge: KOCH First Paragraph: This appeal involves the termination of a mother's parental rights with regard to two of her six children. Less than four months after the Tennessee Department of Children's Services was granted temporary custody of the children, their foster parents filed a petition in the Juvenile Court for Houston County seeking permanent custody and the termination of the parental rights of the biological parents. The children's mother contested the petition, but the father did not. Following a hearing, the juvenile court terminated the parental rights of both parents. The mother has appealed. We have determined that the order terminating the mother's parental rights must be vacated because the record does not contain clear and convincing evidence that the Department made reasonable efforts to reunite the mother with her children. http://www.tba.org/tba_files/TCA/cmm.wpd JAMES KENT PYLANT v. KAREN CARDIN SPIVEY Court:TCA Attorneys: W. Charles Doerflinger, Lawrenceburg, Tennessee, for the appellant, James Kent Pylant. Joe W. Henry, Jr., Pulaski, Tennessee, for the appellee, Karen Cardin Pylant (Spivey). Judge: COTTRELL First Paragraph: This appeal involves a dispute over the extent of a father's obligation, under a provision in a property settlement agreement, to pay for his daughter's college education. The daughter chose to attend an expensive private college. The trial court found that father should pay tuition equivalent to the cost of an out-of-state public university. Both parties appealed. We affirm the trial court's decision that the father is obligated to pay reasonable costs, but vacate the judgment because there is insufficient proof of such costs. http://www.tba.org/tba_files/TCA/pylantj.wpd JOHN PAUL BILBY v. STATE OF TENNESSEE Court:TCCA Attorneys: John S. Colley, III, Colley & Colley, Columbia, Tennessee, for the Appellant, John Paul Bilby. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Elizabeth B. Marney, Assistant Attorney General; and J. William Pope, Jr., District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, John Paul Bilby, appeals the summary dismissal of his application for writ of habeas corpus. On appeal, Bilby argues that: (1) his 1989 guilty pleas were not voluntarily entered and (2) the trial court's order of summary dismissal is "void for its failure to contain a certificate, or other proof of service." Finding these issues without merit, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/bilbyjohnpaul.wpd EDDIE DEAN HALL v. STATE OF TENNESSEE Court:TCCA Attorneys: Robert L. Jolley, Jr., Knoxville, Tennessee (on appeal), and Keith A. Haas, Newport, Tennessee (at trial), for the appellant, Eddie Dean Hall. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Al Schmutzer, Jr., District Attorney General; James Bruce Dunn, Assistant District Attorney, for the appellee, the State of Tennessee. Judge: WOODALL First Paragraph: Petitioner, Eddie Dean Hall, pled guilty to two counts of first degree murder and received concurrent sentences of life without parole. No direct appeal was taken. Petitioner timely filed a petition for post-conviction relief, alleging that counsel was ineffective and that his guilty plea was not knowingly and voluntarily entered. Petitioner appeals from the trial court's denial of post-conviction relief. After a careful review of the record, we affirm the judgment of the trial court http://www.tba.org/tba_files/TCCA/halleddiedean.wpd STATE OF TENNESSEE v. JAMES ANTHONY HILL Court:TCCA Attorneys: Merrilyn Feirman, Nashville, Tennessee (on appeal); Donna Leigh Hargrove, District Public Defender; and Andrew Jackson Dearing, III, Assistant Public Defender, (at trial and on appeal), for the appellant, James Anthony Hill. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; William Michael McCown, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant, James Anthony Hill, was convicted of possession of a weapon in a penal institution, a Class C felony, and sentenced as a Range III, persistent offender to thirteen years in the Department of Correction. On appeal, he argues: (1) the trial court erred in not instructing the jury as to the lesser-included offense of possession of a prohibited weapon; (2) the evidence was insufficient to support his conviction; and (3) his sentence is excessive. Following our review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/hilljamesa.wpd STATE OF TENNESSEE v. JOEY THOMAS HOLLAND Court:TCCA Attorneys: Roger Eric Nell, District Public Defender; Charles S. Bloodworth, Assistant District Public Defender, Springfield, Tennessee, for the Appellant, Thomas Holland. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Helena Walton Yarbrough, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Dent Morriss, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Joey Thomas Holland, appeals the judgment of the Robertson County Circuit Court denying his petition for writ of error coram nobis. Holland was convicted by a jury of two counts of aggravated sexual battery of his minor son. Holland alleges that his convictions should be set aside because the victim recanted his trial testimony. After a thorough review of the record, we affirm the decision of the trial court denying the petition. http://www.tba.org/tba_files/TCCA/hollandjoeythomas.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! 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