New Developments in Workers' Comp Law

Discover all of the recent developments in workers' compensation law in Tennessee ÷ both in the courts and in the legislature ÷ in a new course developed by Virginia Mayo, editor of Tennessee Attorneys Memo and Tennessee Workers' Comp Reporter.

http://www.tnbaru.com/coursecatalog.php

  
TODAY'S OPINIONS: Friday, November 04, 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
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
06 - TN Court of Criminal Appeals
01 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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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 OF TENNESSEE ex rel. WENDY S. RUSHING v. CHRISTOPHER B. SPAIN

Court: TCA

Attorneys:

Paul G. Summers, Attorney General and Reporter and Warren Jasper, Assistant Attorney General, for the appellant, State of Tennessee.

Christopher B. Spain, Pro se.

Judge: DAVID R. FARMER

The trial court denied the Stateās petition for child support and retroactive child support for Respondent/Fatherās two minor children. We reverse.

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


STATE OF TENNESSEE v. CATHERINE MAY COOPER

Court: TCCA

Attorneys:

Stephen M. Wallace, District Public Defender, and Richard A. Tate, Assistant Public Defender,for the appellant, Catherine May Cooper.

Paul G. Summers, Attorney General and Reporter; Brian C. Johnson, Assistant AttorneyGeneral; H. Greeley Wells, Jr., District Attorney General; and Kent L. Chitwood, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: JOSEPH M. TIPTON,

The defendant, Catherine May Cooper, pled guilty to one count of attempt to obtain a controlledsubstance by altered prescription, a Class D felony, and one count of felony failure to appear, a Class E felony. The Sullivan County Criminal Court sentenced her to two years for the Class Dfelony and one year for the Class E felony to be served concurrently in the Department of Correction as a Range I, standard offender. The defendant appeals, contending that the trialcourt erred in denying her probation or alternative sentencing. We affirm the judgments of the trial court.

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


WAYNE MICHAEL FULLER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Mark Stephens, District Public Defender; and John Halstead, Assistant District Public Defender,for the Appellant, Wayne Michael Fuller.

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

Judge: JAMES CURWOOD WITT, JR.,

The petitioner, Wayne Michael Fuller, appeals the Knox County Criminal Courtās denial of post-conviction relief. His post-conviction petition attacked his 1998 guilty-pleaded convictions and sentence for seven counts of statutory rape and one count of contributing to the delinquency of aminor. The petitioner received maximum two-year sentences for each statutory rape conviction and 11 months, 29 days for the contributing to the delinquency of a minor conviction. The courtordered five of the statutory rape sentences to be served consecutively, resulting in an effective sentence of ten years. The post-conviction petition, amended on multiple occasions, allegedineffective assistance of trial and appellate counsel and violations of Blakely v. Washington and of the petitionerās right against self-incrimination. The post-conviction court denied relief, andwe affirm.

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


STATE OF TENNESSEE v. WILLIAM A. HAWKINS

Court: TCCA

Attorneys:

Stephen M. Wallace, Blountville, Tennessee, for the appellant, William A. Hawkins.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant AttorneyGeneral; H. Greeley Wells, Jr., District Attorney General; and Barry P. Staubus and William B. Harper, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: NORMA MCGEE OGLE

The appellant, William A. Hawkins, was convicted of first degree premeditated murder, and hereceived a sentence of life imprisonment. On appeal, the appellant challenges the sufficiency of the evidence, the trial courtās evidentiary rulings, and the jury instructions. Following ourreview, we affirm the judgment of the trial court but remand for entry of a corrected judgment to reflect the correct date of the judgment.

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


STATE OF TENNESSEE v. LISA DURBIN HOWARD

Court: TCCA

Attorneys:

Robin Rubin Flores, Chattanooga, Tennessee, for the appellant, Lisa Durbin Howard.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General;Jerry N. Estes, District Attorney General; and John H. Bledsoe, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: NORMA MCGEE OGLE

A Bradley County Criminal Court jury convicted the appellant, Lisa Durbin Howard, of firstdegree premeditated murder, and the trial court sentenced her to life imprisonment. The appellant appeals her conviction, claiming (1) that the trial courtās comments to the jury duringdeliberations amounted to an improper ćdynamiteä or Allen charge; (2) that the trial court erred by excluding a defense expertās testimony; (3) that the State impermissibly excluded the onlyAfrican-American from the jury pool; (4) that juror misconduct denied her the right to a fair and impartial jury; (5) that the State failed to preserve the audiotaped recording of the preliminaryhearing as required by Tennessee Rule of Criminal Procedure 5.1(a); and (6) that the trial court erred by not conducting a proper jury poll. We conclude that the appellant has waived theseissues because she failed to file a timely motion for new trial. Moreover, we discern no plain error and affirm the judgment of the trial court.

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


STACY ALLEN MELTON v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Greg W. Eichelman, District Public Defender; and Deanna M. Snyder, Assistant PublicDefender, for the appellant, Stacy Allen Melton.

Paul G. Summers, Attorney General and Reporter; David E. Coenen, Assistant Attorney General;C. Berkeley Bell, Jr., District Attorney General; and Cecil Clayton Mills, Jr., Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: JOSEPH M. TIPTON

The petitioner, Stacy Allen Melton, appeals from the Greene County Criminal Courtās dismissalof his petition for post-conviction relief from his guilty plea to especially aggravated kidnapping, a Class A felony, and attempted second degree murder, a Class B felony. He contends that hisguilty plea was involuntary and that he received the ineffective assistance of counsel. We affirm the trial court.

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


ALAN E. MONDAY v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Alan E. Monday.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General;Randall E. Nichols, District Attorney General; and Philip H. Morton, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: JOSEPH M. TIPTON

The petitioner, Alan E. Monday, appeals from the Knox County Criminal Courtās dismissal ofhis petition for post-conviction relief from his conviction for reckless homicide, a Class D felony. He contends that he received the ineffective assistance of counsel because his attorneyadvised him not to testify and failed to call a favorable witness. We affirm the trial court.

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


Direct Appropriation Grant to Corporation for which Legislator is President

TN Attorney General Opinions

Date: 0000-00-00

Opinion Number: 05-169

http://www.tba.org/tba_files/AG/2005/OP169.pdf

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