Opinion FlashSeptember 7, 2004Volume 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):
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 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 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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