8th Annual Labor & Employment Law Forum
April 7 - Nashville

The traditional CLE format will be pushed beyond the norm with a pair
of intriguing and informative panels. These panels will offer labor
and employment practitioners an invaluable opportunity to gain insight
that will directly and immediately improved their practice
Additionally, the forum will include an update on the new developments
at the National Labor Relations Board and recent case law involving
EEO issues.

Today's Opinions: February 24, 2005
Volume 11 — Number xxx
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
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
03 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. 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


STATE EX REL. PAULA FLOWERS v. TENNESSEE COORDINATED CARE NETWORK, ET
AL.

Court:TCA

Attorneys:                          

Andy Rowlett, Nashville, Tennessee, for the appellant, The Bankruptcy
Estate of Access Health Systems, Inc.

Jason D. Holleman and William H. Farmer, for the appellee, State of
Tennessee, ex rel. Paula A. Flowers, Commissioner of Insurance for the
State of Tennessee.

Judge: CLEMENT

First Paragraph:

Tennessee Coordinated Care Network (TCCN), a health maintenance
organization (HMO), contracted with the State of Tennessee to provide
health services to participants in the State's TennCare program.  When
TCCN failed to comply with its contractual and regulatory
requirements, the Department of Commerce and Insurance placed TCCN
under Notice of Administrative Supervision.  TCCN was specifically
prohibited from transferring any of its assets without the approval of
the Commissioner.  TCCN requested permission to transfer $5.7 million
to Medical Care Management Company to pay "outreach expenses."  The
request was denied.  Nevertheless, the disputed funds were transferred
to Care Management, which immediately transferred the funds to its
holding company, Access Health Systems, Inc.  The Commissioner
immediately commenced proceedings in Chancery Court to recover the
disputed funds.  Access and Care Management then filed bankruptcy,
subjecting the money to the automatic stay.  The Bankruptcy Court
lifted the stay and authorized the Chancery Court to determine
ownership of the funds.  The Chancery Court imposed a constructive
trust effective the date of the unauthorized transfer, which preceded
the bankruptcy petitions.  The Bankruptcy Estates of Access and Care
Management appeal.  We affirm.

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

FRANCES MOXLEY ZINDER v. MARK DOUGLAS ZINDER

Court:TCA

Attorneys:                          

Helen Sfikas Rogers and Robin K. Barry, Nashville, Tennessee, for the
appellant, Mark Douglas Zinder.

Dot Dobbins, Nashville, Tennessee, for the appellee, Frances Moxley
Zinder.

Judge: CLEMENT

First Paragraph:

The trial court assessed $7,000 of Mother's attorney fees against
Father.  Father appeals contending that he was the prevailing party;
therefore, the court should have assessed his fees against Mother
pursuant to the marital dissolution agreement and  Tenn. Code Ann. S
36-5-103(c).  Finding Father's argument partly correct, we vacate the
award of attorney fees against Father but find that each party should
be responsible for its attorney fees.

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

STATE OF TENNESSEE v. ROBBIE O. ALLEN

Court:TCCA

Attorneys:                          

William A. Kennedy, Blountville, Tennessee, for the appellant, Robbie
O. Allen.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and William B. Harper, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Robbie O. Allen, entered Alford pleas in the Sullivan
County Criminal Court to two counts of felony failure to appear. 
Following a sentencing hearing, the trial court sentenced the
appellant on each count to two years incarceration in the Tennessee
Department of Correction, to be served concurrently.  On appeal, the
appellant challenges the trial court's denial of alternative
sentencing.  Upon review of the record and the parties' briefs, we
affirm the judgments of the trial court.

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

STATE OF TENNESSEE v. JEREMY SHERON HALL a/k/a RODNEY LEE JONES

Court:TCCA

Attorneys:                          

Stephen M. Wallace, District Public Defender (at trial); Leslie Hale,
Assistant Public Defender (at trial); and Julie A. Rice, Knoxville,
Tennessee (on appeal), for the Appellant, Jeremy Sheron Hall a/k/a
Rodney Lee Jones.

Paul G. Summers, Attorney General & Reporter; Renee Turner, Assistant
Attorney General; H. Greeley Wells, Jr., District Attorney General;
and Kent Chitwood, Assistant District Attorney General, for the
Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

Convicted by a Sullivan County Criminal Court jury of possession of .5
grams or more of cocaine with intent to sell, the defendant, Jeremy
Sheron Hall, a/k/a Rodney Lee Jones, appeals and challenges the trial
court's failure to suppress evidence, the admission of hearsay
evidence, the imposition of a $100,000 fine, and the length of the
sentence imposed.  We affirm the criminal court's judgment.

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

CHARLES EDWARD OVERBY v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

A. Wayne Carter, Cleveland, Tennessee, for the appellant, Charles
Edward Overby.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; Jerry N. Estes, District Attorney General;
and Sandra Donaghy, Assistant District Attorney, for the appellee,
State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, Charles Edward Overby, was convicted by a jury in the
Bradley County Criminal Court of second degree murder, theft over
$1,000, theft under $500, aggravated assault, and possession of
marijuana.  He received a total effective sentence of thirty-five
years incarceration in the Tennessee Department of Correction. 
Subsequently, the petitioner filed a petition for post-conviction
relief, alleging that his trial counsel was ineffective.  The
post-conviction court dismissed the petition, finding that counsel was
not ineffective.  On appeal, the petitioner challenges this ruling and
additionally contends that he should have been evaluated for
competency prior to the commencement of the post-conviction hearing. 
Upon our review of the record and the parties' briefs, we affirm the
judgment of the post-conviction court.

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

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