Opinion FlashOctober 15, 2004Volume 10 — Number 200 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 CLYDE DOUGLAS BISHOP v. EARTHGRAINS BAKING COMPANIES Court:TSC - Workers Comp Panel Attorneys: Ralph Brown, Knoxville, Tennessee, attorney for Appellant, Clyde Douglas Bishop. John David Barry, Chattanooga, Tennessee, attorney for Appellee, Earthgrains Baking Company. Judge: INMAN 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. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The Plaintiff claimed to have suffered a compensable back injury. The evidence revealed that he had a congenital back condition which was not aggravated by the claimed injury, and his suit was dismissed. The judgment of dismissal is affirmed. The trial judge disallowed discretionary costs because to allow such costs would deter the filing of workers' compensation cases. On the issue of discretionary costs we reverse and remand for a determination and award of discretionary costs. http://www.tba.org/tba_files/TSC_WCP/bishopclyded.wpd LORI ANN JOHNSON v. MCKEE FOODS CORPORATION Court:TSC - Workers Comp Panel Attorneys: Daniel K. Habenicht, Chattanooga, Tennessee, for Appellant, Lori Ann Johnson. Bruce C. Bailey and Charles D. Lawson, Chattanooga, Tennessee, for Appellee, McKee Foods Corporation. Judge: THAYER 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. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court dismissed the claim holding it was barred by the expiration of the one year statute of limitations. The judgment is reversed as an issue of fact exists as to whether the statute of limitations should be suspended until the employee learned of her disability from her doctor. http://www.tba.org/tba_files/TSC_WCP/johnsonloria.wpd JANET SIMPSON v. DONALDSON CO., INC. Court:TSC - Workers Comp Panel Attorneys: Howard R. Dunbar, Johnson City, Tennessee, for appellant, Janet Simpson. Alexandra S. Deas and Jimmy D. Holbrook, Jr., Knoxville, Tennessee, for appellee, Donaldson Co., Inc. Judge: THAYER 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. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court dismissed the claim finding the employee's condition did not arise out of her employment. Plaintiff appeals and argues the evidence preponderates against the conclusion of the trial court. Judgment affirmed. http://www.tba.org/tba_files/TSC_WCP/simpsonjanet.wpd ELLIS L. WOODS v. LOCKHEED MARTIN ENERGY SYSTEMS, INC. Court:TSC - Workers Comp Panel Attorneys: Gary T. Dupler, Knoxville, Tennessee, attorney for appellant, Operations Management International, Inc. John P. Dreiser, Knoxville, Tennessee, attorney for Appellee, Ellis L. Woods. Timothy W. Conner, Knoxville, Tennessee, attorney for appellees, Lockheed Martin Energy Systems, Inc. and Union Carbide Corporation. Judge: INMAN 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. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of Findings of fact and conclusions of law. The Plaintiff sustained a gradual hearing loss while working for successive employers performing essentially the same duties. The trial judge held that the last-injurious employment rule applied. We affirm. http://www.tba.org/tba_files/TSC_WCP/woodsellisl.wpd C. DWIGHT GRAHAM, ET AL. v. THE GENERAL SESSIONS COURT OF FRANKLIN COUNTY, ET AL. Court:TCA Attorneys: Joel H. Moseley, Sr., of Nashville, For Appellants C. Dwight Graham and Huckabee Bonding Company Ben P. Lynch and Patrick Lynch of Winchester, For Appellees, The General Sessions Court of Franklin County, Tennessee, The Honorable Floyd D. Davis, and The Honorable Mike D. Foster Judge: CRAWFORD First Paragraph: Professional bondsmen sued the general sessions court, the general sessions judge, and the sheriff, seeking a declaratory judgment that an order of the general sessions court concerning bonds for some offenses is invalid as contrary to the statutes of the State of Tennessee and the Tennessee Constitution. The trial court entered judgment for the defendants, and plaintiff appeals. We reverse. http://www.tba.org/tba_files/TCA/grahamcdwight.wpd IN RE: DNG, SDP, et ux, JASP, v. RLG and KSR Court:TCA Attorneys: Kelli Barr Summers, Brentwood, Tennessee, for Appellant. Paul A. Rutherford, Nashville, Tennessee, for Appellees. Judge: FRANKS First Paragraph: The Trial Court terminated the mother's parental rights to the four year old child. On appeal, we Affirm. http://www.tba.org/tba_files/TCA/inredng.wpd ANTHONY K. GOODS v. TONY PARKER, WARDEN Court:TCCA Attorneys: Anthony K. Goods, Appellant, Pro Se. Paul G. Summers, Attorney General & Reporter; and Helena Walton Yarbrough, Assistant Attorney General, Nashville, Tennessee, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The petitioner, Anthony K. Goods, appeals the Lake County Circuit Court's dismissal of his petition for habeas corpus relief. We affirm in part and reverse in part. http://www.tba.org/tba_files/TCCA/goodsanthonyk.wpd STATE OF TENNESSEE v. RONNIE W. SALMON Court:TCCA Attorneys: Curtis F. Hopper, Savannah, Tennessee, for the appellant, Ronnie W. Salmon. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; G. Robert "Gus" Radford, District Attorney General; and John W. Overton, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WOODALL First Paragraph: Following a jury trial, Defendant, Ronnie W. Salmon, was convicted of driving under the influence of an intoxicant, second offense, a Class A misdemeanor. The trial court sentenced Defendant to eleven months, twenty-nine days, all suspended but sixty days. Defendant does not appeal his sentence. Defendant argues on appeal that the evidence was insufficient to support his conviction, that certain remarks made by the prosecutor during closing argument were improper, and that the trial court erred in not granting Defendant a mistrial on the basis of the prosecutor's comments during closing argument. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/salmonronniew.wpd STATE OF TENNESSEE v. RAYMOND SUNIL TATE Court:TCCA Attorneys: John Allen Brooks, Chattanooga, Tennessee, for the appellant, Raymond Sunil Tate. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William H. Cox, III, District Attorney General; Rodney C. Strong, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The petitioner, Raymond Sunil Tate, appeals from the denial 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 does not establish either an expired sentence or a void judgment. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/tateraymonds.wpd STATE OF TENNESSEE v. VICKI D. WALDEN Court:TCCA Attorneys: Timothy P. Webb, Jacksboro, Tennessee, for the Appellant, Vicki D. Walden. Paul G. Summers, Attorney General & Reporter; Seth P. Kestner, Assistant Attorney General; William Paul Phillips, District Attorney General; and Michael O. Ripley, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant, Vicki D. Walden, pleaded guilty to the sale of Schedule III controlled substances, a Class D felony. By agreement with the state, the defendant was to be sentenced as a Range III offender, subject to a sentencing range of eight to twelve years. The length of the sentence and the manner of service were reserved for the trial court's determination. The trial court denied alternative sentencing and imposed a twelve-year incarcerative sentence. On appeal, the defendant argues that she should have received an eight-year sentence making her eligible for probation, community corrections, or split confinement. For the following reasons, we affirm the judgment. http://www.tba.org/tba_files/TCCA/waldenvickid.wpd ALFONZO WILLIAMS v. STATE OF TENNESSEE Court:TCCA Attorneys: Alfonzo Williams, Henning, Tennessee, Pro se. Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant Attorney General; and William L. Gibbons, District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The petitioner, Alfonzo Williams, appeals the post-conviction court's summary dismissal of his petition for post-conviction relief, alleging that the post-conviction court erroneously found that his petition was barred by the statute of limitations. Upon our review of the record and the parties' briefs, we reverse the post-conviction court's summary dismissal of the petition and remand for further proceedings consistent with this opinion. http://www.tba.org/tba_files/TCCA/williamsalf.wpd JOE BOBBY YARBRO v. STATE OF TENNESSEE Court:TCCA Attorneys: Stephen David Scofield, Dyersburg, Tennessee, for the appellant, Joe Bobby Yarbro. Paul G. Summers, Attorney General & Reporter; Rachel E. Willis, Assistant Attorney General, for the appellee, the State of Tennessee. Judge: GLENN First Paragraph: The Petitioner, Joe Bobby Yarbro, appeals the trial court's denial of his petition for post- conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. Because the petition for post-conviction relief is time-barred by the statute of limitations, we grant the State's motion and affirm the judgment of the lower court. http://www.tba.org/tba_files/TCCA/yarbrojoeb.wpd Drug Testing as a Condition of Pre-trial Release on Bail Date: October 13, 2004 Opinion Number: 04-155 http://www.tba.org/tba_files/AG/2004/op155.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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