Opinion FlashJune 21, 2004Volume 10 — Number 118 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 ARTHUR M. BOHANAN v. CITY OF KNOXVILLE CORRECTED OPINION Court:TSC Attorneys: John T. Batson, Jr. and Hanson R. Tipton, Knoxville, Tennessee, for the appellant, City of Knoxville. J. Anthony Farmer, Knoxville, Tennessee, for the appellee, Arthur M. Bohanan. Judge: BARKER First Paragraph: The employee, a retired police officer, filed suit seeking workers' compensation benefits. He alleged that his job duties caused him to develop hypertension resulting in permanent partial disability. The employee relies on the statutory presumption of causation for law enforcement officers found in Tennessee Code Annotated section 7-51-201(a)(1), and concedes that if the employer has rebutted the presumption, there is insufficient evidence establishing a causal relationship between his hypertension and his employment. Following a thorough review of the record and applicable legal principles, we conclude that the City of Knoxville has rebutted the statutory presumption of causation, and we therefore reverse the judgment of the trial court. CORRECTED OPINION http://www.tba.org/tba_files/TSC/bohananam.wpd SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0621.wpd STATE OF TENNESSEE v. RICHARD A. SITERS Court:TCCA Attorneys: Stephen M. Wallace, District Public Defender; and Richard A. Tate, Assistant District Public Defender, for the appellant, Richard A. Siters. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Barry P. Staubus, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: On February 28, 2002, the defendant, Richard A. Siters, pled guilty to four counts of attempted rape, a Class C felony; one count of sexual battery, a Class E felony; and one count of attempted sexual battery, a Class A misdemeanor. The trial court sentenced the defendant to six years, suspended, and placed him on intensive supervised probation. On appeal, the defendant contends that the trial court erred in revoking his probation. We disagree and affirm the revocation. http://www.tba.org/tba_files/TCCA/sitersricharda.wpd STATE OF TENNESSEE v. DARIAN NIGEL SPARKS Court:TCCA Attorneys: Richard A. Major, Knoxville, Tennessee, for the appellant, Darian Nigel Sparks. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Marsha Mitchell, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Darian Nigel Sparks, pled guilty in the Knox County Criminal Court to robbery and the attempted sale of a Schedule I controlled substance, Class C felonies. Pursuant to the plea agreement, the defendant received consecutive sentences of eight years for each offense, with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court denied the defendant's request for alternative sentences and ordered that he serve his sentences in the Department of Correction. The defendant appeals, claiming that the trial court erred by ordering that he serve his sentences in confinement. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/sparksdariannigel.wpd STATE OF TENNESSEE v. DAVID L. TAYLOR Court:TCCA Attorneys: Michael G. Hatmaker, Jacksboro, Tennessee, for the appellant, David L. Taylor. Paul G. Summers, Attorney General and Reporter; Michelle Chapman McIntire, Assistant Attorney General; William Paul Phillips, District Attorney General; and Howard R. Ellis, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: A Campbell County jury convicted the defendant of driving under the influence, third offense. On appeal, the defendant contends the state failed to establish venue. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/taylordavid.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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