Test of Opinion Flash HTML - New List Serve This Opinion Flash email is a test of the new TBA List Serve software. It has been sent to a small test list to make sure that it is working. If you received this email - please email dave@dpss.bz to let him know. 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: Monday, November 07, 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 01 - TN Supreme Court - Rules 02 - TN Court of Appeals 03 - 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 SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court: TSC-Rules http://www.tba.org/tba_files/TSC_Rules/2005/certlist110705.pdf IN THE MATTER OF THE ESTATE OF NOAH THOMAS GREENE, DECEASEDCECILIA GREENE v. THE ESTATE OF NOAH THOMAS GREENE Court: TCA Attorneys: James S. Strickland, Jr., Memphis, TN, for Appellant Edward T. Autry, Memphis, TN, for Appellee Judge: HIGHERS In this appeal, we are asked to review the probate courtâs decision regarding a motion by adecedentâs estate to hold the decedentâs wife liable for conversion of an automobile. The decedentâs wife asserted that the automobile was a gift inter vivos from her late husband. Theprobate court determined that ownership of the automobile rested with the decedent at the time of his death. The decedentâs wife filed an appeal to this Court. We affirm. http://www.tba.org/tba_files/TCA/2005/greenen110705.pdf MIRACLE KAA NICHOLS v. JAMES VIRGIL NICHOLS, JR. Court: TCA Attorneys: Jerrold L. Becker and Samuel W. Brown, Knoxville, Tennessee, for the Appellant, James Virgil Nichols, Jr. Kimberlee A. Waterhouse, Lenoir City, Tennessee, for the Appellee, Miracle Kaa Nichols. Judge: SWINEY In July of 2002, Miracle Kaa Nichols (ãWifeä) sued James Virgil Nichols, Jr. (ãHusbandä) for divorce. The case was tried and a Final Decree was entered in September of 2004 awarding, inter alia, Wife a divorce, and finding and holding that the real property located at 24766 Martel Road in Lenoir City, Tennessee (ãthe Farmä) was marital property and should be divided with each party to receive ãone-half the value of the land and mobile home.ä Husband appeals claiming that the Trial Court erred in classifying the Farm as marital property, or, in the alternative, that the Trial Court erred by failing to dividedivision. We affirm. http://www.tba.org/tba_files/TCA/2005/nicholsm110705.pdf TORRIS BENSON v. GLEN TURNER, Warden Court: TCCA Attorneys: Joe H. Walker, District Public Defender, and Walter B. Johnson, II, Assistant Public Defender, for the appellant, Torris Benson. Paul G. Summers, Attorney General and Reporter, and John H. Bledsoe, Assistant Attorney General, for the appellee, State of Tennessee. Judge: GLENN The petitioner, Torris Benson, was convicted in 1987 of robbery and aggravated assault and sentenced to life in prison as a habitual criminal. In a pro se petition for writ of habeas corpus, he claimed his habitual criminal sentence is illegal and void because the prior judgments on which the sentence was based were unsigned. The trial court dismissed the petition, and this timely appeal followed. Following our review, we affirm the dismissal. http://www.tba.org/tba_files/TCCA/2005/bensont110705.pdf STATE OF TENNESSEE v. SHAWN PEELE Court: TCCA Attorneys: Jesse W. Dalton, III, Memphis, Tennessee, for the Appellant, Shawn Peele. Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; William L. Gibbons, District Attorney General; and Michael Davis, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES The Appellant, Shawn Peele, appeals the sentencing decision of the Shelby County Criminal Court. Peele pled guilty to facilitating aggravated robbery, a Class C felony, and was sentenced as a Range I offender to three years incarceration. On appeal, Peele argues that the trial court erred in denying a suspended sentence. After review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/2005/peeles110705.pdf STATE OF TENNESSEE v. JEFFREY LEE SCALES Court: TCCA Attorneys: Jeffery T. Washburn, Dresden, Tennessee, for the appellant, Jeffrey Lee Scales. Paul G. Summers, Attorney General & Reporter; Blind Akrawi, Assistant Attorney General; Thomas A. Thomas, District Attorney General; and James T. Cannon, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES This is a direct appeal as of right from convictions on a jury verdict for burglary and theft of property. The Defendant, Jeffrey Lee Scales, was sentenced to concurrent sentences of four years for his Class D felony burglary conviction and two years for his Class E felony theft conviction. On appeal, the Defendant argues only one issue: there is insufficient evidence to find him guilty beyond a reasonable doubt of the two offenses for which he was convicted. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/2005/scalesj110705.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 instructions at the beginning of this edition of Opinion Flash. JOIN THE TENNESSEE BAR ASSOCIATION! 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