| TODAY'S OPINIONS: Friday, October 21, 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
01 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
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Howard H. Vogel
| BEN D. BRADEN v. BOEING-OAK RIDGE COMPANY
Matthew J. Evans and John W. Elder, Knoxville, Tennessee, for Appellant, Ben D. Braden.
Timothy W. Conner, Knoxville, Tennessee, for Appellee, Boeing-Oak Ridge Company.
This workers‚ compensation appeal has been referred to the Special Workers‚ Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. § 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. After a bifurcated hearing on the issue of causation, the trial court found plaintiff‚s cirrhosis of liver condition was not caused by his exposure to methyl ethyl ketone (MEK) and methyl ethyl toluene (MET) and dismissed the complaint. Plaintiff‚s appeal challenges the ruling upon the ground the trial court failed to properly weigh the expert testimony and also upon the ground the trial court applied an incorrect standard of law to the case. We find the evidence preponderates in favor of the conclusion of the trial court and affirm the judgment in all respects.
PETER KEENAN and wife, JAN KEENAN, v. THE CITY OF KINGSTON, TENNESSEE and JIM PINKERTON (in his capacity as CITY MANAGER of CITY OF KINGSTON)
Robin S. Kuykendall, Knoxville, Tennessee, for appellants.
Jon G. Roach, Knoxville, Tennessee, for appellee, Jim Pinkerton.
Jack H. McPherson, Jr., Kingston, Tennessee, for appellee, the City of Kingston.
Petitioners‚ Writ of Certiorari was dismissed as being moot because petitioners had moved outside defendants‚ jurisdiction. On appeal, we affirm and remand with instructions.
STATE OF TENNESSEE v. SARAH MARTIN
Kelly S. Johnson, Knoxville, Tennessee, for the appellant, Sarah Martin.
Paul G. Summers, Attorney General & Reporter; Blind Akrawi, Assistant Attorney General;Randall E. Nichols, District Attorney General; Kevin Allen, Assistant District Attorneys General, for the appellant, State of Tennessee.
The defendant was convicted following a jury trial in Knox County for arson and aggravatedburglary, as charged. The trial court sentenced the defendant six (6) months confinement and five (5) years and (6) months on probation to be followed by a second six (6) year sentence to beserved entirely on probation. The defendant argues three (3) issues on appeal: (1) the evidence was insufficient to support her convictions; (2) the trial court erred in allowing testimony at trialcontrary to the defendant‚s motion in limine which was granted by the trial court; and (3) the defendant‚s sentence was imposed contrary to Blakely v. Washington, 542 U.S. ----, 124 S.Ct.2531 (2004) and Apprendi v. New Jersey, 530 U.S. 466 (2000). After a careful review of the record, we affirm the defendant‚s convictions and remand for resentencing.
Security Officer for General Sessions Court Serving as Grand Jury Foreperson in the Same County
TN Attorney General Opinions
Opinion Number: 05-162