9th 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: March 24, 2005
Volume 11 — Number 056
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
01 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. 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


MONICA MCPEEK, ET AL. v. MELINDA S. LOCKHART

Court:TCA

Attorneys:                          

Thomas C. Jessee, Johnson City, Tennessee, and Thomas Dossett,
Kingsport, Tennessee, for the Appellants, Monica McPeek and Eldridge
McPeek.

Leslie T. Ridings, Kingsport, Tennessee, for the Appellee, Melinda S.
Lockhart.

Judge: SWINEY

First Paragraph:

Monica McPeek and Melinda S. Lockhart ("Defendant") were involved in
an automobile accident.  Monica McPeek and her husband, Eldridge
McPeek, ("Plaintiffs" or "Ms. McPeek" and "Mr. McPeek" respectively)
sued Defendant.  The case was tried and the jury found Ms. McPeek to
be 40% at fault for the accident and Defendant 60% at fault and
awarded Ms. McPeek damages of $4,000 and Mr. McPeek zero damages. 
Plaintiffs appeal claiming the Trial Court erred in refusing to grant
an additur or a new trial after the jury refused to award loss of
consortium damages to Mr. McPeek and that the Trial Court erred by
allowing the introduction of certain of Ms. McPeek's medical records. 
We affirm.

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

STATE OF TENNESSEE v. CARRIE ANN BREWSTER and WILLIAM JUSTIN BREWSTER

Court:TCCA

Attorneys:                          

Russell T. Greene, Knoxville, Tennessee, for the Appellant, Carrie Ann
Brewster; and Bruce E. Poston, Knoxville, Tennessee, for the
Appellant, William Justin Brewster.

Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, Assistant
Attorney General; Randall E. Nichols, District Attorney General; and
Leslie Nassios, Assistant District Attorney General, for the Appellee,
State of Tennessee.

Judge: WITT

First Paragraph:

The defendants, Carrie Ann Brewster and William Justin Brewster,
appeal from their Knox County  Criminal Court jury convictions of
first degree felony murder, facilitation of first degree premeditated
murder, especially aggravated robbery, and especially aggravated
burglary.  On appeal, the defendants claim that the convicting
evidence was insufficient to support the convictions and that the
trial court erred in denying the defendants' motions to suppress their
pretrial confessions.  Because the record supports the convictions and
the trial court's ruling on the pretrial motions to suppress, we
affirm

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

STATE OF TENNESSEE v. KEVIN DEWITT FORD AND CLIFFORD SYLVESTER WRIGHT

Court:TCCA

Attorneys:                          

Peter J. Strianse, Nashville, Tennessee, for the appellant, Keven
Dewitt Ford.

Michael H. Sneed (at trial and on appeal) and Ron Munkeboe (at trial),
Nashville, Tennessee, for the appellant, Clifford Sylvester Wright.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Sharon Brox and James Todd, Assistant District Attorneys
General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellants, Kevin Dewitt Ford and Clifford Sylvester Wright, each
pled guilty in the Davidson County Criminal Court to multiple counts
of aggravated robbery.  Appellant Ford received a total effective
sentence of fifty years incarceration in the Tennessee Department of
Correction.  Appellant Wright received a total effective sentence of
forty-five years incarceration.  As a condition of their pleas, the
appellants attempted to reserve certified questions of law concerning
the trial court's ruling on their motions to suppress.  Upon review of
the record and the parties' briefs, we conclude that Appellant Wright
failed to properly reserve a certified question of law.  Additionally,
we conclude that the trial court properly denied Appellant Ford's
motions to suppress.  Therefore, we affirm the judgments of the trial
court.

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

STATE OF TENNESSEE v. STEVEN NELORN HAMPTON, JR.

Court:TCCA

Attorneys:                          

John H. Richardson, Jr., Fayetteville, Tennessee, for the appellant,
Steven Nelorn Hampton, Jr.

Paul G. Summers, Attorney General and Reporter; Preston Shipp,
Assistant Attorney General; William Michael McCown, District Attorney
General; and Weakley E. Barnard, Assistant District Attorney General,
for the appellee, the State of Tennessee.

Judge: WOODALL

First Paragraph:

Following a jury trial, Defendant, Steven Nelorn Hampton, Jr., was
found guilty in count one of especially aggravated robbery, a Class A
felony, and in count two of burglary of an automobile, a Class E
felony.  The trial court sentenced Defendant to concurrent sentences
of twenty years for the especially aggravated robbery conviction and
one year for the burglary conviction.  Following a hearing on
Defendant's motion for new trial, the trial court, acting in its
capacity as thirteenth juror, found that the jury's verdict of guilty
on the automobile burglary charge was contrary to the weight of the
evidence and set aside Defendant's conviction for this offense.  The
trial court denied Defendant's motion for a new trial on the
especially aggravated robbery conviction.  On appeal, Defendant
challenges the sufficiency of the evidence supporting his conviction
of especially aggravated robbery and the length of his sentence. 
After a review of the record in this matter, we affirm the judgment of
the trial court.

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

ROBERT LEDFORD v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

D. Marty Lasley, Chattanooga, Tennessee, for the appellant, Robert
Ledford.

Paul G. Summers, Attorney General & Reporter; Michelle Chapman
McIntire, Assistant Attorney General; and Jason Thomas, Assistant
District Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The petitioner, Robert Ledford, appeals the trial court's denial of
post-conviction relief.  The single issue presented for review is
whether the petitioner was denied the effective assistance of counsel
incident to his guilty pleas for second degree murder, aggravated
robbery, especially aggravated kidnaping and theft.  The judgment of
the trial court is affirmed.

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

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 2005 Tennessee Bar Association