UNDERSTANDING THE NEW CHILD SUPPORT GUIDELINES
This new TennBarU course will help you learn just what the new Child
Support Guidelines will mean to your clients and your practice. Each
seminar location features presentations by the most knowledgeable
people in the field and will also include two panel discussions
involving local judges and practitioners. Leading the programs will be
Laura Morgan, who literally wrote the book on child support
guidelines, economist Jane Venohr, who designed Tennessee's new Income
Shares Guidelines, and DHS Assistant General Counsel Kim Beals.

Dec. 6 in Memphis
Dec. 7 in Jackson
Dec. 8 in Nashville
Dec. 9 in Chattanooga
Dec. 10 in Knoxville
Dec. 14 in Johnson City

Today's Opinions: November 12, 2004
Volume 10 — Number 219
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.
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
01 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 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

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 or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.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. • Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. • Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.
Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

WILLIAM G. NORVELL v. MENLO LOGISTICS, INC.

Court:TSC - Workers Comp Panel

Attorneys:                          

A. Wilson Wages, Millington, Tennessee, for the appellant, William G.
Norvell.

E. Patrick Lancaster and Bryan E. Dye, Olive Branch, Mississippi, for
the appellee, Menlo Logistics, Inc.

Judge: LOSER

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.  In this
appeal, the employee insists the trial court erred in finding that his
back injury was not causally related to an accidental injury occurring
at work on October 4, 1999.  As discussed below, the panel has
concluded the judgment should be reversed and the cause remanded for
an award of benefits.

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

LINDA JANE HOLT v. BILLY DALE HOLT

Court:TCA

Attorneys:                          

Andrew N. Hall, Wartburg, Tennessee, for the Appellant, Billy Dale
Holt.

Danny M. Hryhorchuk, Morristown, Tennessee, for the Appellee, Linda
Jane Holt.

Judge: SWINEY

First Paragraph:

Linda Jane Holt ("Plaintiff") and Billy Dale Holt ("Defendant") were
divorced in June of 2002.  As part of the divorce judgment, Plaintiff
was ordered to sell the marital residence and give $20,000 of the
proceeds to Defendant.  Defendant filed a petition for contempt in
July of 2003, claiming Plaintiff had not sold the house.  Plaintiff
answered and filed a counter petition claiming Defendant had violated
a permanent restraining order contained in the divorce decree by
writing letters to her and their daughter.  The Trial Court ordered
Wife either to sell the house within four months or the Court Clerk
would sell it at public auction.  The Trial Court also ordered that
Defendant be permanently restrained from sending Plaintiff and the
parties' daughter letters or other written correspondence.  The Trial
Court also ordered Defendant to pay Plaintiff's attorney's fees and
costs in connection with the petition for contempt and the counter
petition.  Defendant appeals the award of attorney's fees and costs. 
We vacate the award of attorney's fees and affirm the award of costs.

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

STATE OF TENNESSEE v. WILLIAM E. ROSS

Court:TCCA

Attorneys:                          

Guy T. Wilkinson, District Public Defender, and Richard Warren
DeBerry, Assistant Public Defender, for the appellant, William E.
Ross.

Paul G. Summers, Attorney General and Reporter; Michael Markham,
Assistant Attorney General; G. Robert Radford, District Attorney
General; John W. Overton, Jr., Chief Deputy District Attorney General,
for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The defendant, William E. Ross, pled guilty in the Hardin County
Circuit Court to possession of less than one-half gram of cocaine with
intent to sell, a Class C felony; possession of marijuana, a Class A
misdemeanor; two counts of driving on a suspended license, second
offense, a Class A misdemeanor; and resisting arrest, a Class B
misdemeanor.  Pursuant to the plea agreement, the trial court
sentenced the defendant as a Range II, multiple offender to concurrent
sentences of eight years for the felonious possession of cocaine
conviction; eleven months, twenty-nine days for each Class A
misdemeanor conviction; and six months for the resisting arrest
conviction.  The trial court was to determine the manner of service of
the sentences.  After a sentencing hearing, the trial court ordered
that the defendant serve his sentences in confinement.  The defendant
appeals, claiming that he should have received alternative sentences. 
We affirm the judgments of the trial court.

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

Inapplicability of Public Law 86-272 to the Tennessee Franchise Tax

Date: November 8, 2004

Opinion Number: 04-159

http://www.tba.org/tba_files/AG/2004/op159.pdf

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi

TBALink HomeContact UsPageFinderWhat's NewHelp

© Copyright 2004 Tennessee Bar Association