Opinion Flash

September 2, 2004
Volume 10 — Number 170

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
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
02 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


DAVID HICKMAN v. CONTINENTAL BAKING COMPANY

Court:TSC - Workers Comp Panel

Attorneys:                          

Karen R. Cicala, Memphis, Tennessee, for the Appellant, Continental
Baking Company.

Mark Ledbetter, Memphis, Tennessee, for the Appellee, David Hickman.

Judge: HOLDER

First Paragraph:

The present workers' compensation case requires us to consider the
trial court's assessment of vocational disability and, with respect to
the employer's alleged subrogation interest, 1) the applicability of
Tennessee Code Annotated section 50-6-112(c)(1); 2) the extent of the
employer's credit against future liability under Tennessee Code
Annotated section 50-6-112(c)(2); 3) the appropriate disposition of
medical expenses incurred prior to the time of trial in the employee's
workers' compensation suit but not paid by the employer; and 4) the
propriety of requiring the employer to pay a proportionate share of
the employee's attorney's fee from a third-party tort action.  The
trial court's judgment is affirmed in part and reversed in part, and
the case is remanded.

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

STATE OF TENNESSEE v. WILLIAM EDWARD BELLAMY 

Court:TCCA

Attorneys:                          

William Edward Bellamy, Mountain City, Tennessee, pro se. 

Paul G. Summers, Attorney General & Reporter; Michelle Chapman
McIntire, Assistant Attorney General; H. Greeley Wells, District
Attorney General; J. Eugene N. Perrin, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The petitioner, William Edward Bellamy, appeals the trial court's
denial of his motion to correct an illegal sentence.  The State has
filed a motion requesting that this Court affirm the trial court's
action pursuant to Rule 20, Rules of the Court of Criminal Appeals.
The motion is without merit.  Accordingly, the judgment of the trial
court is affirmed.

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

DEXTER FRANK JOHNSON v. STATE OF TENNESSEE 

Court:TCCA

Attorneys:                          

Dexter Frank Johnson, Henning, Tennessee, pro se. 

Paul G. Summers, Attorney General and Reporter; Michelle Chapman
McIntire, Assistant Attorney General; William H. Cox, III, District
Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, Dexter Frank Johnson, appeals the dismissal of his
petition for writ of habeas corpus. The state has filed a motion
requesting that this court affirm the action of the trial court
pursuant to Rule 20, Tenn. Ct. Crim. App. R. The petition fails to
present a cognizable claim for habeas corpus relief.  Accordingly, the
state's motion is granted and the judgment of the trial court is
affirmed.

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

State Agency Rule-Making Authority and the Right to Counsel in Child
Support Contempt Cases

Date: September 1, 2004

Opinion Number: 04-142

http://www.tba.org/tba_files/AG/2004/op142.pdf

Convicted Felon Serving as an Agent to a Bail Bondsman

Date: September 1, 2004

Opinion Number: 04-143

http://www.tba.org/tba_files/AG/2004/op143.pdf

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