Opinion Flash

September 7, 2004
Volume 10 — Number 172

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
01 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
04 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


CHARLES RODGER WILSON v. NATIONAL HEALTHCARE CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:                          

M. Bradley Gilmore and Kathleen W. Smith, Nashville, Tennessee for
appellant, National Healthcare Corporation.

Thomas Jay Martin, Jr., Gallatin, Tennessee, for appellee, Charles
Rodger Wilson.

Judge: PAGE

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tennessee Code Annotated section 50- 6-225(e)(3) for hearing and
reporting to the Supreme Court of the findings of fact and conclusions
of law.  In this appeal, the employer contends that the trial court
erred in holding that the employee proved by a preponderance of the
evidence that his complaints of mid-back pain were caused by a
November 5, 2000 work-related accident. The employer also contends
that the trial court erred by not holding that the instant case is
barred as a result of release language in a December 13, 2000
court-approved workers' compensation settlement agreement that
concluded a previous claim by this same employee.  We find no error
and affirm the judgment of the trial court.

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

SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0907.wpd

STATE FARM MUTUAL AUTO INS. CO., and its INSURED, LOUELLA McNUTT, v.
GEORGE ANAGNOST

Court:TCA

Attorneys:                          

Mike G. Nassios, Knoxville, Tennessee for Appellant.

Jason E. Fisher, Knoxville, Tennessee, for Appellees.

Judge: FRANKS

First Paragraph:

A suit for property damages resulting from a motor vehicle accident
resulted in an award for damages based on a finding by the Trial Court
that defendant was 75% at fault for the accident.  On appeal, we
affirm.

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

RICHARD HICKEY v. DAVID MILLS, WARDEN

Court:TCCA

Attorneys:                          

Joe H. Walker, District Public Defender; and Walter B. Johnson, II,
Assistant Public Defender, for the Appellant, Richard Hickey.

Paul G. Summers, Attorney General & Reporter; Brent C. Cherry,
Assistant Attorney General; Scott McCluen, District Attorney General;
and Roger Delp, Assistant District Attorney General, for the Appellee,
State of Tennessee.

Judge: WITT

First Paragraph:

The petitioner, Richard Hickey, appeals the Morgan County Criminal
Court's dismissal of his petition for habeas corpus relief.  We
affirm.

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

STATE OF TENNESSEE v. GREGORY L. LOFTON

Court:TCCA

Attorneys:                          

Cynthia F. Burnes, Nashville, Tennessee, for the appellant, Gregory L.
Lofton.

Paul G. Summers, Attorney General & Reporter; Renee W. Turner,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; and Katrin Novak Miller, Assistant District Attorney General,
 for the appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The appellant, Gregory L. Lofton, was convicted by a jury of two
counts of aggravated sexual battery and two counts of sexual battery,
for which he received an effective twelve year sentence.  There was no
immediate appeal of the convictions.  A delayed appeal was granted and
the appellant filed a motion for new trial and amended motion for new
trial.  The trial court denied both motions and the appellant
appealed.  The following issues are presented on appeal: (1) whether
the trial court erred in failing to instruct the jury on the
lesser-included offense of assault; and (2) whether the trial court
improperly sentenced the appellant by failing to apply a mitigating
factor and enhancing the sentence two years after finding only one
enhancing factor.  For the following reasons, we affirm the judgment
of the trial court.

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

Tenn. Code Ann. S40-35-321(d)(1) - Applicability to Persons on
Pretrial and Judicial Diversion

Date: September 2, 2004

Opinion Number: 04-144

http://www.tba.org/tba_files/AG/2004/op144.pdf

Authority to Suspend a Professional Bondsman

Date: September 2, 2004

Opinion Number: 04-145

http://www.tba.org/tba_files/AG/2004/op145.pdf

Juvenile Serving on a Jury

Date: September 2, 2004

Opinion Number: 04-146

http://www.tba.org/tba_files/AG/2004/op146.pdf

Federal Administrative Law Judge's Authority to Perform Marriage

Date: September 2, 2004

Opinion Number: 04-147

http://www.tba.org/tba_files/AG/2004/op147.pdf

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