Opinion Flash

July 7, 2004
Volume 10 — Number 129

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
02 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
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
05 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


RANDY HOLLINGSWORTH v. MAYTAG CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:                          

Ricky L. Boren, Jackson, Tennessee, for the appellant, Randy
Hollingsworth.

P. Allen Phillips, Jackson, Tennessee, for the appellee, Maytag
Corporation.

Judge: STANLEY

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.' 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  The trial
court ruled that the Employee's injury, superficial thrombophlebitis,
did not arise out of his employment and that the Employee was
therefore not entitled to workers' compensation benefits.  The issue
raised on appeal is whether the trial court erred in finding that the
Employee's thrombophlebitis did not arise out of his employment
pursuant to the Tennessee Workers' Compensation Act.  We now reverse
the trial court's finding and remand for hearing on the determination
of vocational disability.

http://www.tba.org/tba_files/TSC_WCP/hollingswrand.wpd

GREGORY WOODS v. DOVER ELEVATOR SYSTEMS, ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

Gregory D. Jordan and John D. Stevens, Jackson, Tennessee, for the
appellant, Dover Elevator Systems, Inc. and Thyssen Elevator Company
d/b/a Thyssen Dover Elevator.

Jeff A. Crow, Jr., Memphis, Tennessee, for the appellee, Gregory
Woods.

Judge: STANLEY

First Paragraph:

This workers= compensation appeal has been referred to the Special
Workers= Compensation Appeals Panel in accordance with Tenn. Code Ann.
' 50-6-225(e)(3) for hearing and reporting findings of fact and
conclusions of law.  The Employer/Appellant contends: (1) that the
trial court erred in determining that the Employee's injury was a
compensable exacerbation of a pre-existing injury or condition without
additionally finding an advancement, anatomical change, or an actual
progression of the underlying disease; and (2) that the trial court
erred in finding that the Employee gave proper notice of an injury to
his neck and shoulder; and (3) that the trial court's award of
forty-five percent (45%) permanent partial disability to the body as a
whole was excessive and not supported by a preponderance of the
evidence. As discussed herein, the panel has concluded that the
judgment of the trial court should be affirmed.

http://www.tba.org/tba_files/TSC_WCP/woodsgreg.wpd

DONALD WESLEY EVANS v. PEGGY JANE EVANS

Court:TCA

Attorneys:                          

Sandra Jones, Nashville, TN, for Appellant

Judy A. Oxford, Franklin, TN, for Appellee

Judge: HIGHERS

First Paragraph:

This case arises from a divorce action between the Appellant and
Appellee.  After a hearing, the trial court divided the marital
property, granted Appellee alimony in futuro, and awarded Appellee her
attorney's fees.  After denying Appellant's motion to alter or amend
the judgment, the trial court increased Appellee's award of attorney's
fees.  Appellant appeals to this Court, and, for the following
reasons, we affirm in part, modify in part, and remand for further
proceedings consistent with this opinion.

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

STATE OF TENNESSEE v. SHEILA TERESA GAYE BOBADILLA and BENJAMIN BERNAL
BOBADILLA

Court:TCCA

Attorneys:                          

T. Wood Smith, Greeneville, Tennessee, for the appellant, Sheila
Teresa Gaye Bobadilla; and J. Russell Pryor, Greeneville, Tennessee,
for the appellant, Benjamin Bernal Bobadilla.

Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan,
Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney
General; and Eric D. Christiansen, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendants, husband and wife Benjamin Bernal Bobadilla and Sheila
Teresa Gaye Bobadilla, were each charged by the Greene County Grand
Jury with possession of more than .5 grams of cocaine with the intent
to sell or deliver, a Class B felony, and possession of drug
paraphernalia, a Class A misdemeanor.  Following the trial court's
denial of their motions to suppress, Benjamin Bobadilla pled guilty to
the indicted offenses in exchange for an effective eight-year sentence
as a Range I, standard offender, and Sheila Bobadilla pled guilty to
facilitation of possession of cocaine with the intent to sell or
deliver, a Class D felony, and the misdemeanor drug paraphernalia
count of the indictment in exchange for an effective three-year
sentence as a Range I, standard offender.  Pursuant to Tennessee Rule
of Criminal Procedure 37(b)(2), both defendants reserved identical
certified questions of law; namely, whether the search warrant and
accompanying affidavit issued for their home violated the United
States and Tennessee Constitutions as well as Tennessee Rule of
Criminal Procedure 41(c).  Following our review, we affirm the
judgments of the trial court.

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

STATE OF TENNESSEE v. CHAD KILGORE

Court:TCCA

Attorneys:                          

Clifton Corker and Michael Eastridge, Johnson City, Tennessee, for the
appellant, Chad Kilgore.

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; Berkeley Bell, District Attorney General;
and Cecil Mills, Assistant District Attorney, for the appellee, State
of Tennessee.

Judge: WADE

First Paragraph:

In 1998, the defendant, Chad Kilgore, who was indicted for aggravated
assault, was determined to be incompetent to stand trial and ordered
into a forensic services unit for treatment.  The defendant was never
transferred from a local mental health care facility.  In 2003, the
defendant filed a motion seeking relief from the prior order.  After a
hearing, the trial court denied the motion and directed transfer. 
This extraordinary appeal followed.  Because the appeal was
improvidently granted, it is dismissed.

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

HARRISON PEARISON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Daniel J. Ripper, Chattanooga, Tennessee, for the appellant, Harrison
Pearison.

Paul G. Summers, Attorney General & Reporter; Renee W. Turner,
Assistant Attorney General; and Mary Sullivan Moore, Assistant
District Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The petitioner, Harrison Pearison, appeals the denial of his petition
for post-conviction relief.  In this appeal, he asserts that he was
denied the effective assistance of counsel.  The judgment of the post-
conviction court is affirmed.

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

Competitive Bidding Requirements for Solid Waste Authorities

Date: July 2, 2004

Opinion Number: 04-101                         

http://www.tba.org/tba_files/AG/2004/op101.pdf

Authority of the Secretary of State to Adjust the Lapse Date on
Financing Statements Having Initial Maturity Dates Beyond June 30, 2006

Date: July 2, 2004

Opinion Number: 04-102                         

http://www.tba.org/tba_files/AG/2004/op102.pdf

Treatment of Depreciation under the Federal Job Creation and Worker
Assistance Act of 2002 in Calculating Partnership Earnings for the
Tennessee Excise Tax

Date: July 2, 2004

Opinion Number: 04-103                         

http://www.tba.org/tba_files/AG/2004/op103.pdf

Budget of Shelby County Sheriff

Date: July 2, 2004

Opinion Number: 04-104                         

http://www.tba.org/tba_files/AG/2004/op104.pdf

Effect of Special Legislation Extending County's Authority Over
Activities Regulated by State Agency

Date: July 2, 2004

Opinion Number: 04-105                         

http://www.tba.org/tba_files/AG/2004/op105.pdf

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