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New Developments in Workers' Comp Law
Discover all of the recent developments in workers' compensation law in Tennessee — both in the courts and in the legislature — in a new course developed by Virginia Mayo, editor of Tennessee Attorneys Memo and Tennessee Workers' Comp Reporter.
http://www.tnbaru.com/coursecatalog.php |
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TODAY'S OPINIONS: Monday, November 14, 2005
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 - TN Supreme Court 00 - TN Worker's Comp Appeals 00 - TN Supreme Court - Rules 02 - TN Court of Appeals 01 - TN Court of Criminal Appeals 00 - TN Attorney General Opinions 00 - Judicial Ethics Opinions 00 - Formal Ethics Opinions - BPR
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. We recommend you download the Opinions to your computer and then
open them from there. Click the URL at end of each Opinion paragraph below. This should give you the option to
download the original document. If not, you may need to right-click on the URL to get the option to save the file
to your computer. 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
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JANEY FLURI and DAVID FLURI v. FORT SANDERS REGIONAL MEDICAL CENTER, DAWN TAYLOR, MELINDA BLUE, M.D., and VISTA RADIOLOGY, P.C.
Court: TCA
Attorneys:
Luis C. Bustamante, and Robert L. Vance, Knoxville, Tennessee, for appellants.
Andrew R. Tillman and Joshua R. Walker, Knoxville, Tennessee, for appellees.
Judge: FRANKS
The Trial Court granted defendants summary judgment. Plaintiffs appealed the grant as to defendants Blue and Vista Radiology, arguing the Trial Court erred in granting judgment on grounds that the statute of limitation had run. We vacate and remand.
http://www.tba.org/tba_files/TCA/2005/flurij111405.pdf
DENNIS WILSON v. BLOUNT COUNTY, TENNESSEE; DARRELL McEACHRON; and DANNY K. CARRIGAN
Court: TCA
Attorneys:
Charles Dungan, Maryville, Tennessee, for appellant.
Norman H. Newton, LaJuana G. Atkins, and Robert N. Goddard, Maryville, Tennessee, for appellee, Blount County, Tennessee.
Judge: FRANKS
In this action against the County, which sold plaintiff’s properties at a back tax sale, plaintiff charges sheriff failed to comply with process statutes before returning the process “not to be found” and county improperly relied on publication to give notice to plaintiff. The Trial Court held sheriff exercised due diligence and constructive notice was proper. On appeal, we reverse.
http://www.tba.org/tba_files/TCA/2005/wilsond111405.pdf
RANDOLPH JENNINGS v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Brandon Douglas Raulston, Chattanooga, Tennessee, for the appellant, Randolph Jennings.
Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant AttorneyGeneral; William H. Cox, III, District Attorney General; and Rodney C. Strong, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
The petitioner, Randolph Jennings, appeals from the Hamilton County Criminal Court’s denial ofhis petition for post-conviction relief from his conviction for aggravated robbery, a Class B felony, and sentence of seventeen years as a Range II, multiple offender. On appeal, he contendsthat he received the ineffective assistance of counsel because (1) his trial counsel failed to raise the issue that the state suppressed favorable evidence in violation of Brady v. Maryland, 373U.S. 83, 83 S. Ct. 1194 (1963); (2) his trial counsel failed to explain his constitutional right to testify pursuant to Momon v. State, 18 S.W.3d 152 (Tenn. 1999); and (3) his appellate counselfailed to advise him of his right to appeal to the Tennessee Supreme Court in a timely manner. We reverse the judgment of the trial court, grant a delayed appeal, and stay further proceedingspending the delayed appeal to the Tennessee Supreme Court.
http://www.tba.org/tba_files/TCCA/2005/jenningsr111405.pdf
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