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Today's Opinions: January 7, 2005
Volume 11 — Number 004
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
00 New Opinion(s) from the Tennessee Court of Appeals
04 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 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


JACKIE BOSTIC v. PAUL DALTON, ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

James Franklin Logan, Jr., Cleveland, Tennessee, for the
Plaintiff-Appellant, Jackie Bostic.

Sheridan C. Randolph, Cleveland, Tennessee, for the
Defendant-Appellees, Paul Dalton and Delicia L. Dalton.

Judge: HOLDER

First Paragraph:

In this workers' compensation appeal, we must determine whether the
appellee, a father who supervised the construction of his daughter's
residence, is required to pay workers' compensation benefits to the
appellant, the employee of a subcontractor who was injured during the
construction of the residence.  We hold that the father is an
uncompensated agent of the owner and therefore falls within the
owner's exemption of Tennessee Code Annotated section 50-6-113(f)
(1999).  Thus, we adopt the conclusions of the Special Workers'
Compensation Appeals Panel affirming the judgment of the trial court.

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

HOWARD BUCHANAN v. TONY PARKER, WARDEN

Court:TCCA

Attorneys:                          

Howard Buchanan, Pro se.

Paul G. Summers, Attorney General and Reporter; and David E. Coenen,
Assistant Attorney General; for the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Petitioner, Howard Buchanan, was convicted in 1998 of aggravated
kidnapping, and the trial court sentenced him, as a Range II offender,
to eighteen years in prison.  This Court affirmed the Petitioner's
conviction and sentence on direct appeal, and the Tennessee Supreme
Court denied the Petitioner's request for permission to appeal.  In
2004, the Petitioner filed a pro se petition for habeas corpus relief,
which the trial court summarily dismissed.  On appeal, the Petitioner
contends that the trial court erred when it dismissed his petition
because, among other things, the indictment that charged him with
aggravated kidnapping was invalid.  Finding no reversible error, we
affirm the trial court's judgment.

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

STATE OF TENNESSEE v. ROBBIE W. FIELDS

Court:TCCA

Attorneys:                          

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Jerry N. Estes, District Attorney General;
and Shari Tayloe Young, Assistant District Attorney General, for the
appellant, State of Tennessee.

Kenneth L. Miller, Cleveland, Tennessee, for the appellee, Robbie W.
Fields.

Judge: GLENN

First Paragraph:

The defendant, Robbie W. Fields, was indicted by the Bradley County
Grand Jury for possession of a Schedule I controlled substance,
ecstasy, with intent to sell or deliver; possession of a Schedule VI
controlled substance, marijuana, with intent to sell or deliver;
possession of drug paraphernalia; tampering with evidence; and theft
of property under $500.  After a pretrial hearing, the trial court
suppressed the evidence, and the charges were dismissed, which the
State argues was error. Following our review, we reverse the trial
court's determination that the officers unlawfully entered the
defendant's apartment and remand for additional findings of fact and
conclusions of law as to the seizure of evidence.

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

STATE OF TENNESSEE v. ERIC THOMAS NOE
WITH DISSENTING OPINION

Court:TCCA

Attorneys:                          

Lee Ledbetter, Athens, Tennessee and Julie Rice, Knoxville, Tennessee,
for the appellant, Eric Thomas Noe.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Jerry N. Estes, District Attorney General;
and Amy Reedy, Assistant District Attorney General, for the appellee,
State of Tennessee.

Judge: WELLES

First Paragraph:

Following a jury trial, the Defendant was convicted of robbery.  He
was sentenced to six years in the Department of Correction.  On appeal
he challenges the sufficiency of the convicting evidence and argues
that the trial court erred in sentencing him to the maximum term of
six years.  We affirm the Defendant's conviction but modify his
sentence to five years.

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

DISSENTING OPINION
http://www.tba.org/tba_files/TCCA/noeerict_dis.wpd

STATE OF TENNESSEE v. BARBARA MAUREEN NORWOOD, Alias, BARBARA FOX,
Alias, BARBARA WHEELER, Alias, BARBARA AYERS NORWOOD, Alias

Court:TCCA

Attorneys:                          

Michael Cabage (at trial) and Julie A. Rice (on appeal), Knoxville,
Tennessee, for the appellant, Barbara Maureen Norwood, alias, Barbara
Fox, alias, Barbara Wheeler, alias, Barbara Ayers Norwood, alias.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; Randall Eugene Nichols, District Attorney
General; and Patricia Cristil and Jennifer H. Welch, Assistant
District Attorneys General, for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant was convicted by a jury of one count of theft over
$1,000 but less than $10,000 and three counts of forgery, all Class D
felonies, and was sentenced as a Range I, standard offender to three
years on the theft count and two years on each of the forgery counts. 
The two-year sentences were ordered to be served concurrently but
consecutively to the three-year sentence, for a total effective
sentence of five years.  Split confinement was ordered, with
forty-five days to be served in the county jail and the remainder of
the sentence on probation.  In addition, she was ordered to pay
$2,233.94 in restitution.  The defendant timely appealed, alleging: 
(1) the evidence is insufficient to support her convictions; and (2)
the trial court erred in allowing certain photographs to be admitted
into evidence and in sentencing the defendant.  Based on our review,
we affirm the judgments of the trial court but modify the defendant's
sentences to reflect that they are to be served concurrently.

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

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