Workers' comp reforms face court's scrutiny

The constitutionality of workers' compensation reforms passed in 2004 came under question during a Tennessee Supreme Court hearing Thursday. Attorneys representing two injured workers argued that because the workers' compensation specialists who mediate claims aren't lawyers, injured workers lose their due process rights provided under the 5th and 14th amendments.

http://www.nashvillecitypaper.com/index.cfm?section=9&screen=news&news_id=50343

TODAY'S OPINIONS
Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at http://www.tba.org/getpassword.mgi.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
02 - TN Court of Appeals
05 - 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

IN THE MATTER OF L. A. B., d.o.b. 1/8/2003 ERIC BURT v. ELIZABETH FARLEY

Court: TCA

Attorneys:

Jennifer Twyman King, Jackson, Tennessee, attorney for Appellant, Elizabeth Farley.

C. Timothy Crocker, Milan, Tennessee, attorney for Appellee, Eric Burt.

Judge: INMAN

This is a custody proceeding wherein Mother offered no proof except her own testimony. When the judgment was entered against her, she argues that the trial court should have conducted a comparative fitness analysis and that the case should be remanded for this purpose. Judgment of the juvenile court affirmed.

http://www.tba2.org/tba_files/TCA/2006/lab_060906.pdf


MARY CAROLINE PIERPOINT v. RODNEY CRAIG PIERPOINT

Court: TCA

Attorneys:

Kent F. Gearin, Martin, Tennessee, attorney for Appellant, Rodney Craig Pierpoint.

James H. Bradberry, Dresden, Tennessee, attorney for Appellee, Mary Caroline Pierpoint.

Judge: INMAN

In this domestic relations case, Husband complains, inter alia, that the trial court erred: in awarding primary custody of the parties' children, ages two and four, to Wife, in the amount of support obligations, and in failing to award his attorney fees. Judgment of the trial court is affirmed in part, vacated in part and remanded.

http://www.tba2.org/tba_files/TCA/2006/pierpoint_060906.pdf


STATE OF TENNESSEE v. THOMAS ALVIN CARTER

Court: TCCA

Attorneys:

Brandt W. Davis, Knoxville, Tennessee, for the Appellant, Thomas Alvin Carter.

Paul G. Summers, Attorney General & Reporter; Rachel E. Willis, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Ta Kisha M. Fitzgerald and Philip H. Morton, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge: WITT

In this case appealed by Defendant Thomas Alvin Carter from the Knox County Criminal Court, we review the sufficiency of the evidence convicting the defendant of theft of property valued between $10,000 and $60,000 and the defendant's claim that the trial court erred in denying his motion for mistrial. We perceive no reversible error and affirm the judgment.

CORRECTED VERSION
http://www.tba2.org/tba_files/TCCA/2006/cartert_corr_060906.pdf


STATE OF TENNESSEE v. DANIEL DECKER

Court: TCCA

Attorneys:

David R. Barrow, Chattanooga, Tennessee, for the appellant, Daniel Decker.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William H. Cox, III, District Attorney General; and Barry Steelman, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: SMITH

The appellant, Daniel Decker, was indicted by the Hamilton County Grand Jury for the first degree murder of his grandmother. The appellant was convicted by a petit jury and sentenced to life without the possibility of parole. After the denial of a motion for new trial, the appellant filed an untimely notice of appeal. This Court granted the appellant's motion to waive the untimely filing of the notice of appeal. On appeal, the appellant challenges the introduction of photographs of the victim's injuries and videotape of the crime scene as well as the sufficiency of the evidence. For the following reasons, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/deckerd_060906.pdf


BILLIE JOE HENDERSON v . STATE OF TENNESSEE

Court: TCCA

Attorneys:

Jonathan D. Cooper, Knoxville, Tennessee, for the appellant, Billie Joe Henderson.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Leslie Nassios, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The petitioner, Billie Joe Henderson, was convicted of first degree murder in 1998. This Court affirmed the conviction on appeal. See State v. Billy Joe Henderson, No. 03C01-9804-CR-00139, 1999 WL 398087, at *1 (Tenn. Crim. App., at Knoxville, June 18, 1999), perm. app. denied, (Tenn. Nov. 22, 1999). Subsequently, the petitioner filed a pro se petition for post-conviction relief. The petition was dismissed without a hearing and the petitioner appealed. On appeal, this Court affirmed in part, reversed in part and remanded the matter to the post-conviction court for an evidentiary hearing based on the determination that the petitioner had stated a "colorable claim" for relief. See Billy Joe Henderson v. State, No. E2001-00438-CCA-R3-PC, 2001 WL 1464544, at *1 (Tenn. Crim. App., at Knoxville, Nov. 19, 2001). On remand, the post-conviction court held an evidentiary hearing on the petition. After the hearing, the petition was denied. The petitioner appeals, arguing that the post-conviction court incorrectly denied the petition for post-conviction relief.

http://www.tba2.org/tba_files/TCCA/2006/hendersonb_060906.pdf


STATE OF TENNESSEE v. MARK ANTHONY HILL

Court: TCCA

Attorneys:

Jerry S. Sloan, Chattanooga, Tennessee, for the appellant, Mark Anthony Hill.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; William H. Cox, III, District Attorney General; and Mark Sullivan Moore and Boyd Patterson, Assistant District Attorneys General, for the Appellee, State of Tennessee.

Judge: SMITH

The appellant, Mark Anthony Hill, was convicted by a Hamilton County jury of robbery. He was sentenced to fifteen years as a career offender. After the denial of a motion for new trial, this appeal followed. On appeal, the following issues are presented for our review: (1) whether the evidence was sufficient to support the conviction; (2) whether the trial court erred by allowing a police officer to testify regarding the victim's identification of the appellant from a photo lineup; and (3) whether the trial court erred in refusing to grant a judgment of acquittal on the robbery charge. For the following reasons, we affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/hillm_060906.pdf


ALMEER NANCE v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Albert J. Newman, Jr., Knoxville, Tennessee, for the appellant, Almeer Nance.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Leon Franks, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: SMITH

A Knox County jury convicted the petitioner, Almeer Nance, of felony murder, especially aggravated robbery, especially aggravated kidnapping, and aggravated robbery. The trial court sentenced the petitioner to an effective sentence of life with an additional twenty-five years. The petitioner was unsuccessful in his direct appeal to this Court. State v. Almeer Nance, No E2000-00170-CCA-R3- CD, 2001 WL 1268499 (Tenn. Crim. App., at Knoxville, Oct. 23, 2001), perm. app. denied (Tenn. March 11, 2002). On November 6, 2002, the petitioner filed a pro se Petition for Post-conviction relief. After appointment of counsel, the post-conviction court held a cursory hearing on September 16, 2005. At the conclusion of that hearing, the post-conviction court dismissed the petition for failure to prosecute. The petitioner appeals the dismissal of his petition. We reverse and remand the post-conviction court's dismissal of the petition.

http://www.tba2.org/tba_files/TCCA/2006/nancea_060906.pdf


TODAY'S NEWS

Legal News
BPR Actions
TBA Member Services
TennBarU CLE Programs

Legal News
Knox charter invalid, chancellor rules
A chancellor ruled today that Knox County's charter is "invalid and ineffective," meaning the county would revert to the form of government outlined in the state constitution, the Knoxville News Sentinel reports.
Read the full story
Proposal for separate traffic docket draws fire
A candidate's proposal to change operations of General Sessions Courts in Hamilton County is drawing strong fire from one judge on the court, the Chattanoogan.com reports.
Read the full story
Memphis Bar moving to new offices
The Memphis Bar Association is moving from One Commerce Square to new offices in Brinkley Plaza, the Memphis Daily News reports. Its offices will be closed June 30 through July 4 as the organization makes its move.

BPR Actions
Chattanooga lawyer temporarily suspended by Supreme Court
Chattanooga attorney Charles Daniel Collins' license to practice law was temporarily suspended by the Tennessee Supreme Court on June 6, based on a finding that he had failed to respond to the Board of Professional Responsibility concerning a trust account overdraft.
Read the BPR release
TBA Member Services
TBA members see big savings in Office Depot plan
Office Depot is offering significant savings off of list prices to TBA members. All firms -- large and small -- that participate in the program are eligible for member discounts. On average, each participating member is saving more than $441 per year -- an average of 27% per month. Remember, even if you are already an Office Depot customer, you need to sign up for the program to take advantage of this member-only savings program!
Sign up online today
TennBarU CLE Programs
General Practice Summit offers learning, networking and more
Take your practice to new heights with the essential knowledge, skills and trends you'll learn during the TBA's General Practice Summit, coming to Nashville Aug. 24-26. Recognized experts in 12 practice areas will present fast-paced sessions on topics ranging from personal injury and workers' comp law to ethics and family law. 12 general hours and 3 dual hours.
Find out more or register today

 
 
UNSUBSCRIBE TO TBAToday? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba2.org/tbatoday/unsub_tbatoday.php

TBALink HomeContact UsPageFinderWhat's NewHelp
 
 
© Copyright 2006 Tennessee Bar Association