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TODAY'S OPINIONS: Thursday, September 08, 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 01 - TN Worker's Comp Appeals 00 - TN Supreme Court - Rules 01 - 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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TINA CARTWRIGHT v. MACON COUNTY GENERAL HOSPITALand THE RECIPROCAL GROUP
Court: TWCA
Attorneys:
Michael Lee Parsons, Ruth, Howard, Tate & Sowell, TN, for the appellants,Macon County General Hospital and The Reciprocal Group.
B. Keith Williams and Jason Glynn Denton, Lannom, Williams & Kane, TN,for the appellee, Tina Cartwright.
Judge: TURNBULL
This workersâ compensation appeal has been referred to the SpecialWorkersâ Compensation Appeals Panel in accordance with Tenn. Code Ann. ¤ 50-6-225(e)(3) for hearing and reporting of findings of fact andconclusions of law. The employer appeals, arguing that the trial court should have granted the employerâs Rule 60 motion for relief fromjudgment. The trial court considered testimony that a legal assistant was given incorrect information by the clerkâs office but held that the employerfailed to show grounds for excusable neglect. The Panel has concluded that the judgment of the trial court should be affirmed.
http://www.tba.org/tba_files/TSC_WCP/2005/cartwrightt9805.pdf
RODERICK McDAVIS v. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY
Court: TCA
Attorneys:
Jeffrey Blackshear, Nashville, Tennessee, for the appellant, Roderick McDavis.
J. Douglas Sloan, III, Nashville, Tennessee, for the appellee, Metropolitan Government of Nashville and Davidson County.
Judge: CAIN
A Metropolitan Nashville police officer seeks judicial review of the Final Order of the Civil Service Commission of Metropolitan Government pursuant to Tennessee Code Annotated section 4-5-322 following his termination from Metropolitan Government service. After reviewing the record, the Chancery Court of Davidson County determined that the decision of the Civil Service Commission was not arbitrary and capricious and was supported by substantial and material evidence. The judgment of the Chancellor is affirmed.
http://www.tba.org/tba_files/TCA/2005/mcdavisr9805.pdf
WILLIAM PATRICK ROBERSON v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
Guy T. Wilkinson, District Public Defender, and Michael U. King, Huntingdon, Tennessee, for the appellant, William Patrick Roberson.
Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant Attorney General; Robert Radford, District Attorney General; and Stephen D. Jackson, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: MCLIN
The petitioner, William Patrick Roberson, appeals from the post-conviction courtâs denial of post-conviction relief. On appeal, he contends that his statements to police were taken in violation of his constitutional rights under Miranda v. Arizona, 384 U.S. 436 (1966), and that he received the ineffective assistance of counsel. Following our review, we affirm the judgment of the postconviction court denying post-conviction relief.
http://www.tba.org/tba_files/TCCA/2005/robersonw9805.pdf
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