Opinion Flash

June 3, 2004
Volume 10 — Number 107

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
00 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

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.

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


PARRIS LESTER v. CRACKER BARREL OLD COUNTRY STORE, INC.

Court:TCA

Attorneys:                          

Phillip L. Davidson, Nashville, Tennessee, for the appellant, Parris
Lester.

John Thomas Feeney and Shannon E. Poindexter, Nashville, Tennessee,
for the appellee, Cracker Barrel Old Country Store, Inc.

Judge: CAIN

First Paragraph:

This appeal concerns a restaurant's liability for the conduct of an
employee who verbally abused and bumped a customer.  The customer
filed suit against the restaurant in the Circuit Court for Wilson
County seeking damages for intentional infliction of emotional
distress.   The trial court granted the restaurant a summary judgment
and the customer appealed.  The sole issue on appeal is whether the
employee was acting within the scope of his employment when he
harassed and bumped the customer.  Because we find as a matter of law
the employee was not acting within the scope of his employment, we
affirm the summary judgment.

http://www.tba.org/tba_files/TCA/lesterparris.wpd

STATE OF TENNESSEE v. ROY CHISENHALL

Court:TCCA

Attorneys:                          

Philip A. Condra, Jasper, Tennessee, for the appellant, Roy
Chisenhall.

Paul G. Summers, Attorney General & Reporter; Michael Markham,
Assistant Attorney General; J. Michael Taylor, District Attorney
General; and Colin Campbell, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The appellant, Roy Chisenhall, was convicted by a jury of aggravated
sexual battery.  After a sentencing hearing, he was sentenced to eight
years and nine months and, as recommended by the jury, assessed a
$25,000 fine.  The trial court denied his motion for new trial.  In
this direct appeal, the appellant challenges the sufficiency of the
evidence, the jury instruction on flight,  the jury instruction on
aggravated sexual battery, and the absence of a jury instruction on
corroboration of accomplice testimony.  After a review of the record
and applicable authorities, we affirm the decision of the trial court.

http://www.tba.org/tba_files/TCCA/chisehnallroy.wpd

STATE OF TENNESSEE v. CORNELL MARLEY HYDER

Court:TCCA

Attorneys:                          

B. F. "Jack" Lowery and G. Jeff Cherry, Lebanon, Tennessee, for the
appellant, Cornell Marley Hyder.

Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney,
Assistant Attorney General; Tom P. Thompson, Jr., District Attorney
General, for the appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The appellant, Cornell Marley Hyder, also known as Cornbread, was
convicted by a jury of one count of rape of a child, one count of
rape, one count of aggravated sexual battery, and one count of sexual
battery, for which he received an effective seventeen-year sentence. 
In this direct appeal, the appellant presents the following issues for
review: (1) whether the trial court erred in refusing to allow
testimony pursuant to Tennessee Rule of Evidence 412; (2) whether the
trial court erred in denying the motion to suppress; (3) whether the
trial court erred in denying the motion for directed verdict; (4)
whether the trial court erred in failing to charge the jury on
election of offenses; (5) whether the evidence established the venue
of the offense on the charge of rape; and (6) whether the evidence was
sufficient to support the verdict.  We affirm the convictions and
sentences, but remand for correction of the judgment forms.

http://www.tba.org/tba_files/TCCA/hydercornell.wpd

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi


HomeContact UsPageFinderWhat's NewHelp
© Copyright 2004 Tennessee Bar Association