TennBarU Teleseminar: What's New in Estate Planning: Select
Developments
June 22 * Noon to 1 p.m. (Central Time) - Teleseminar

Estate planning practice is complex - and the substantive legal
changes affecting the practice are constant. Keeping abreast of
federal and state, tax and non-tax, legislative, regulatory, and case
law developments is a substantial challenge. This program is designed
to provide estate planners and estate and gift tax practitioners a
wide-ranging update on developments in the last 12 months. Led by two
leading authorities - from private practice Charles "Skip" Fox of
Schiff Hardin and from academia Professor Jeff Pennell of Emory
University School of Law in Atlanta - this program will highlight
major developments of interest to practitioners and written material
for later reference.

Today's Opinions: June 16, 2005
Volume 11 — Number 114
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
02 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
04 New Opinion(s) from the Tennessee Court of Appeals
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
03 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


HENRY L. CAGE v. YASUDA FIRE & MARINE INSURANCE COMPANY OF AMERICA, et
al.

Court:TSC - Workers Comp Panel

Attorneys:                          

Ronald L. Harper and Alicia Y.Cox, Memphis, Tennessee, for the
appellants, Yasuda Fire &Marine Insurance Company and Sharp
Manufacturing of America

Richard Click, Memphis, Tennessee, for the appellee, Henry Cage

Judge: MCCOY

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tennessee Code
Annotated section 50-6-225(e)(3) for hearing and reporting findings of
fact and conclusions of law. In this appeal, the employer contends
that the trial court erred by finding that the employee's lung
condition was causally related to his employment, by ignoring evidence
that the employee omitted his pre-existing condition on his employment
application and failed to give proper notice of his work related
injury, and by finding that the employee was permanently and totally
disabled and holding that the employer was liable for both the
employee's pre-existing sarcoidosis and aggravated asthmatic
condition. For the reasons set out below, the Panel has concluded that
the judgment of the trial court is affirmed, with costs assessed
against the employer.

http://www.tba.org/tba_files/TSC_WCP/2005/cageh61605.pdf

JOE H. KELLY v. FRITO LAY, ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

Stephen F. Libby, Memphis, Tennessee, for the Appellant, Joe Kelly.

Carl Knoerr Wyatt and David C. Riley, Memphis, Tennessee, for the
Appellees, Frito Lay, Inc. and RSKO Claims Services, Inc.

Judge: BRASFIELD

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tennessee Code Annotated section 50- 6-225(e)(3) for hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law. In this appeal, Joe Kelly, the employee, insists that the trial
court erred in finding that he sustained no permanent disability from
his work-related injury. The Panel has concluded that the judgment of
the trial court should be reversed. Further, the Panel finds that Mr.
Kelly has sustained a vocational impairment of 16% to the body as a
whole due to his injury and that Mr. Kelly should receive future
medical expenses in accordance with Tennessee Code Annotated section
50-6-204.

http://www.tba.org/tba_files/TSC_WCP/2005/kellyj61605.pdf

CHERYL SMITH GRAVES v. RICHARD C. GRAVES, SR.

Court:TCA

Attorneys:                          

Judith Fain, Johnson City, Tennessee, for the appellant, Cheryl Smith
Graves.

Richard C. Graves, Sr., Bybee, Tennessee, Pro Se.

Judge: SUSANO

First Paragraph:

The sole issue on this appeal is whether the trial court erred in
holding that Cheryl Smith Graves ("Wife") is not entitled to
post-judgment interest on alimony due her under her judgment of
divorce from Richard C.Graves, Sr. ("Husband"), which judgment was
entered December 3, 2001, nunc pro tunc August 24, 2001. The trial
court premised its judgment on its finding that "[Wife] ha[d] been
obstructive in the conclusion of this matter." We hold that Wife is
entitled to interest on all alimony payments to the extent that those
payments were not timely made. Accordingly, we reverse the judgment of
the trial court.

http://www.tba.org/tba_files/TCA/2005/gravesc61605.pdf

VERNON MCBRIDE, JR., INDIVIDUALLY AND AS CO-EXECUTOR OF THE LAST WILL
AND TESTAMENT OF VERNON MCBRIDE, SR. AND AS ATTORNEY IN FACT FOR
BEULAH KATE MCBRIDE, AND VERNON MCBRIDE, III, CO-EXECUTOR OF THE LAST
WILL AND TESTAMENT OF VERNON MCBRIDE, SR. v. BARBARA KATE SUMROW

Court:TCA

Attorneys:                          

J. Thomas Caldwell, Ripley, Tennessee, for plaintiffs/appellants
Vernon McBride, Jr., and Vernon McBride, III

Douglas W.Wilkerson and W.Lewis Jenkins, Jr., Dyersburg, Tennessee,
for defendant/appellee Kate Sumrow

Judge: KIRBY

First Paragraph:

This is a will construction case. The decedent died testate in May
2002. In his will, he left certain properties in trust for the benefit
of his spouse during her lifetime. The will detailed how the
properties were to be distributed in the event his spouse predeceased
him. The will did not state how the remainder interest in the
properties was to be distributed in the event his spouse survived him.
The decedent was survived by his spouse. The co-executors filed a
declaratory judgment action to interpret the will. The trial court
ruled that the decedent died partially intestate, with the remainder
interest in the specific properties passing through the laws of
intestate succession. The co-executors of the trust appealed, arguing
that the there was an error in the drafting of the will and that the
decedent would have wanted the properties to be distributed in the
same manner, regardless of whether his spouse predeceased him. We
affirm, finding that, under these circumstances, the will cannot be
reformed and the property must pass through the laws of intestate
succession.

http://www.tba.org/tba_files/TCA/2005/mcbridev61605.pdf

DALE ANTHONY SCOTT, ET AL. v. MARION YARBRO, ET AL.

Court:TCA

Attorneys:                          

J. Michael Ivey, Parsons, TN, for Appellants Lloyd R. Tatum,
Henderson, TN, for Appellees

Tommy E. Doyle, Linden, TN, for Appellee Henry Yarbro

Judge: HIGHERS

First Paragraph:

This appeal involves the ownership of a parcel of real property held
by tenants-in-common. After reviewing the trial court's order and the
record, we have determined that the trial court's order does not
constitute a final judgment. Accordingly, this appeal is dismissed for
lack of jurisdiction, and the case is remanded to the trial court for
further proceedings.

http://www.tba.org/tba_files/TCA/2005/scottd61605.pdf

FRANKIE ROBIN SLIGER v. DARRELL DWAYNE SLIGER

Court:TCA

Attorneys:                          

James H. Hickman, III, Knoxville, Tennessee, for the appellant,
Darrell Dwayne Sliger.

John A. Hoag, Knoxville, Tennessee, for the appellee, Frankie Robin
Sliger.

Judge: SUSANO

First Paragraph:

Frankie Robin Sliger obtained her first order of protection against
the defendant - her then-husband, Darrell Dwayne Sliger - on September
23, 1997. Six years later, and following the entry and extension of a
series of such orders, the defendant was convicted in the instant case
of 21 violations of the present order of protection. The trial court
sentenced him to serve 10 days in jail for each violation; it also
reinstated an additional 310 days of incarceration for 31 earlier
violations. Enforcement of the additional 310 days of incarceration
had been stayed so long as the defendant continued "good behavior."
The defendant appeals, arguing that the trial court (1) abused its
discretion in denying his request for a continuance; (2) erred in
failing to grant him a jury trial; and (3) erred in failing to hold
that his conduct resulted in only two rather than 21 violations.
Weaffirm.

http://www.tba.org/tba_files/TCA/2005/sligerf61605.pdf

TYRONE D. CONLEY v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Tyrone D. Conley, Mountain City, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; and Joe C. Crumley, Jr., District Attorney
General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, Tyrone D. Conley, pled guilty in the Washington County
Criminal Court to second degree murder, and he was sentenced to twenty
years incarceration in the Tennessee Department of Correction.
Subsequently, the petitioner filed a "Constitutional Challenge to
Vacate Invalid Sentence." The trial court dismissed the petition,
finding that if the document was a petition for post-conviction
relief, it was time-barred. Further, the trial court determined that
if the document was a petition for a writ of habeas corpus, the
petitioner did not allege that his judgment was void. On appeal, the
petitioner contests the trial court's dismissal of his petition. Upon
our review of the record and the parties' briefs, we affirm the
judgment of the trial court.

http://www.tba.org/tba_files/TCCA/2005/conleyt61605.pdf

GREGORY CHRISTOPHER FLEENOR v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Keith A. Hopson, Kingsport, Tennessee, for the appellant, Gregory
Christopher Fleenor.

Paul G. Summers, Attorney General and Reporter; William G. Lamberth,
II, Assistant Attorney General; and H. Greeley Wells, Jr., District
Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, Gregory Christopher Fleenor, pled guilty in the
Sullivan County Criminal Court to first degree felony murder and
especially aggravated robbery, and the trial court sentenced him to
concurrent sentences of life and fifteen years respectively.
Subsequently, the petitioner filed a petition for post-conviction
relief, alleging (1) that he received the ineffective assistance of
trial counsel and (2) that his guilty pleas were not knowingly and
voluntarily entered. After an evidentiaryhearing, the post-conviction
court dismissed the petition, and the petitioner now appeals. Upon
review of the record and the parties' briefs, we affirm the judgment
of the post-conviction court.

http://www.tba.org/tba_files/TCCA/2005/fleenorg61605.pdf

Authority Under the Tennessee Health Care Decisions Act

Date: June 13, 2005

Opinion Number: 05-093

http://www.tba.org/tba_files/AG/2005/op93.pdf

Zero Tolerance Policy -- Possession of Illegal Drugs on School Property

Date: June 13, 2005

Opinion Number: 05-094

http://www.tba.org/tba_files/AG/2005/op94.pdf

Real Property Foreclosure Notices

Date: June 14, 2005

Opinion Number: 05-095

http://www.tba.org/tba_files/AG/2005/op95.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 2005 Tennessee Bar Association