Opinion Flash

June 21, 2004
Volume 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):
01 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
03 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


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

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