Opinion FlashMarch 15, 2004Volume 10 — Number 050 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 ROGER RAYMOND DESMARAIS v. THE BAILEY COMPANY, ET AL. Court:TSC - Workers Comp Panel Attorneys: Michael W. Ferrell, Mt. Juliet, Tennessee, for the appellant, Roger Raymond Desmarais D. Andrew Saulters, Nashville, Tennessee, for the appellee, The Bailey Company Paul G. Summers, Attorney General & Reporter, and E. Blaine Sprouse, Assistant Attorney General, Nashville, Tennessee, for the appellee, Second Injury Fund 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 dismissing his claim. 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/desmaraisr.wpd SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0315.wpd IN RE THE ESTATE OF OLLIE McCORD JOANN HEINRICH v. HELEN BROOKS Court:TCA Attorneys: Charles Galbreath, Nashville, Tennessee, for the appellant Joann Heinrich. John E. Clemmons, Nashville, Tennessee, for the appellee Helen Brooks. Judge: KIRBY First Paragraph: This is a will contest. The will disinherited two of the decedent's five living children and the one child who had predeceased her. One of the disinherited children contested the will, asserting that the decedent did not have the mental capacity to execute a valid will. Four years prior to the will's execution, the decedent had been diagnosed with dementia, a progressive mental disorder. Based on witness testimony, the trial court found that, on the date the will was executed, the decedent had the mental capacity to execute the will. The will was admitted into probate. The will contestant appeals. In deference to the trial court's determinations of credibility, and in light of the weight of the evidence demonstrating capacity, we affirm. http://www.tba.org/tba_files/TCA/mccordol.wpd RALPH SASSER v. QUEBECOR PRINTING (USA) CORP., D/B/A QUEBECOR PRINTING CLARKSVILLE Court:TCA Attorneys: James L. Harris, Nashville, for the appellant Ralph Sasser. Daniel C. Todd, Nashville, and C. Dan Wyatt, II, Atlanta, Georgia, for the appellee Quebecor Printing (USA) Corp., d/b/a Quebecor Printing Clarksville. Judge: KIRBY First Paragraph: This is a case involving an alleged hostile work environment based on disability. The employee worked in the maintenance department of a large printing facility. He had an on-the-job accident which resulted in the amputation of his leg. To accommodate his disability, the employer created a clerical position for him. The employee's work space was a "community desk" located in the maintenance area, an area to which numerous employees had regular access. The employee reported to the employer several incidents of alleged harassment, such as grease under the desk, lunch residue being left on the desk, dirty footprints in the desk's chair, and his computer monitor defaced with a profane statement. The employer moved the employee to a private office, and there were no further incidents. The employee filed a complaint alleging, inter alia, a hostile work environment based on disability, his amputated leg. The trial court granted summary judgment in favor of the employer. We affirm, finding that the incidents do not amount to harassment, and that there is no evidence that the conduct was either directed at the employee or linked to his disability. http://www.tba.org/tba_files/TCA/sasserr.wpd STATE OF TENNESSEE v. JACOB EDWARD CAMPBELL Court:TCCA Attorneys: David M. Hopkins, Nashville, Tennessee (on appeal) and James L. Weatherly, Nashville, Tennessee (at trial) for the appellant, Jacob Edward Campbell. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Brent C. Cherry, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; Dan Hamm and Katrin Miller, Assistant District Attorney Generals, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Davidson County jury convicted the Defendant, Jacob Edward Campbell, of premeditated first degree murder, felony murder, and robbery, and the trial court merged the two murder convictions into a single offense of first degree murder. Thereafter, the jury sentenced the Defendant to life imprisonment with the possibility of parole for first degree murder, and the trial court imposed a ten- year sentence for the robbery conviction to be served consecutively to the Defendant's life sentence. On appeal, the Defendant contends that: (1) the evidence was insufficient to support his convictions; (2) the trial court erred by admitting into evidence crime scene photographs of the murder victim; (3) the trial court erred by admitting into evidence testimony regarding pills found on the Defendant when he was arrested; (4) the trial court erred by allowing a State's witness to read to the jury a summary of the witness's pre-trial statement to police; (5) the trial court erred by denying the Defendant's request to introduce a prior recorded statement of an unavailable witness to impeach a State's witness; (6) the trial court erred by not clarifying its jury charge that the jury could not consider evidence introduced at trial concerning the co-defendant; and (7) the trial court erred by ordering that the sentence for robbery run consecutively to the Defendant's life sentence. Finding no reversible error, we affirm the trial court's judgments. http://www.tba.org/tba_files/TCCA/campbellje.wpd STATE OF TENNESSEE v. JAMES CHITWOOD Court:TCCA Attorneys: Edgar (Eddie) Taylor, III, Hartsville, Tennessee (on appeal), and Brody Neill Kane, Lebanon, Tennessee (at trial), for the appellant, James Chitwood. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; William Edward Gibson, District Attorney General; and John A. Moore, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, James Chitwood, pled guilty in the Clay County Criminal Court to aggravated assault and agreed to a five-year sentence as a Range I, standard offender with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court ordered that the defendant serve his entire sentence in confinement. The defendant appeals, claiming that he should have received an alternative sentence. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/chitwoodjames.wpd STATE OF TENNESSEE v. SANDY MARIE MCKAY Court:TCCA Attorneys: David A. Collins, Nashville, Tennessee, for the appellant, Sandy Marie McKay. Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr., Assistant Attorney General; Victor S. Johnson, District Attorney General; and Brian Holmgren, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Sandy Marie McKay, pled guilty to attempted aggravated child neglect, a Class B felony. After a hearing, the trial court sentenced the Defendant as a Range I standard offender to nine years in the Department of Correction. The Defendant now appeals, contesting both the length and manner of service of her sentence. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/mckaysm.wpd THURMAN PETE ROLLAND, PRO SE v. STATE OF TENNESSEE Court:TCCA Attorneys: Thurman Pete Rolland, pro se. Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Petitioner, Thurman Pete Rolland, appeals the trial court's dismissal of his third petition for post conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner had no authority to file a third petition for post-conviction relief, and the statute of limitations had expired. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/rollandthurman.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! 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