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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


Court: TSC

Corrected Opinion

Court: TSC


Thomas E. Hansom and Leigh H. Thomas, Memphis, Tennessee, for the appellant, Jack Vincent.

Sara L. Hall, City Attorney, and Gerald T. Thornton and Carmalita Carletos-Drayton, Assistant City Attorneys, for the appellee, City of Memphis.

Judge: WADE

After an internal administrative hearing, the appellee, the City of Memphis ("the City"), discharged Police Officer Jack Vincent ("Vincent"), the appellant. The Civil Service Commission ("the Commission") heard Vincent's appeal, ruled that the termination was not reasonable, and ordered reinstatement with full back pay and benefits. Subsequently, the City filed a petition for writ of certiorari challenging the decision of the Commission. The Chancery Court reviewed the record and affirmed the Commission. On direct appeal, however, the Court of Appeals reversed, holding that Vincent was lawfully terminated. We granted an application for permission to appeal to ascertain whether substantial or material evidence supported the decisions of the Commission and the Chancery Court. Because it is our view that there was no substantial or material evidence supporting the reinstatement of Vincent, we affirm the judgment of the Court of Appeals.


Court: TSC


Stephen F. Libby, Memphis, Tennessee, for the appellant, Robert Dye.

Kevin W. Washburn, Memphis, Tennessee, for the appellees, Witco Corp. a/k/a Witco Corporation, Witco Chemical Corp. a/k/a Witco Chemical Corporation, Old Republic Insurance Company, Wausau Insurance Company, and RISKO Claims Management.


The trial court granted summary judgment to the employer in this workers' compensation case, finding that the statute of limitations bars the employee's claim and that the savings statute provides no relief to the employee. We hold that the employee's complaint for workers' compensation benefits is barred by the statute of limitations. We further hold that the employee failed to file his complaint within the time allowed by the savings statute. Accordingly, we affirm the trial court's grant of summary judgment.


Court: TWCA


Donald D. Zuccarello, Carey E. Kefauver, Nashville, Tennessee, for the appellant, Michael Shane Bost.

Andrew C. Rambo, Shelbyville, Tennessee, for the appellees, Stan McNabb Chevrolet-Olds- Cadillac, Inc., and Brentwood Services.


This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employee Michael Shane Bost argues that the trial court erred in denying him benefits based on his failure to comply with the notice provisions of the Workers' Compensation Law, Tenn. Code Ann. Section 50-6-201 (Supp. 2003). We agree. Accordingly, we reverse the judgment of the trial court and remand this matter for entry of a judgment awarding the benefits due employee.


Court: TWCA


B. Timothy Pirtle, McMinnville, Tennessee, for the appellant, Bridgestone/Firestone, Inc.

Henry D. Fincher, Cookeville, Tennessee, for the appellee, Janet A. Rhoady.


This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tennessee Code Annotated section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the appellant employer asserts that the evidence preponderates against the trial court's award to the employee of a 39% permanent partial disability to the body as a whole, asserting that the impairment resulted from a pre- existing condition. The appellant also contests the lump-sum award to the employee of $85,000.00, asserting that the appellant employer has a companion disability program. We conclude that the findings of the trial judge should be affirmed.


Court: TCCA


J. Liddell Kirk, Knoxville, Tennessee, for the appellant, David Lynnon Alford.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Mike Flynn, District Attorney General and Ellen Berez, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: SMITH

The defendant's probation officer obtained a probation violation warrant alleging that the defendant failed to provide his probation officer a valid address, failed to report to his probation officer, failed to pay court costs and failed to enter and complete ETHRA Domestic Violence Class. Following a hearing, the trial court revoked the defendant's probation and ordered him to serve his originally- imposed eleven-month, twenty-nine-day sentence with a release eligibility of thirty-five percent. We have reviewed the record on appeal and affirm the judgment of the trial court.


Court: TCCA


Howell G. Clements, Chattanooga, for the appellant, Darrin Toni Webb.

Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; William H. Cox, III, District Attorney General; and Neal Pinkston, Assistant District Attorney General, for the appellee, State of Tennessee.


The Defendant, Darrin Toni Webb, pled guilty in the Hamilton County Criminal Court to bribery of a public servant. Following a sentencing hearing, the trial court imposed a ten-year sentence as a Range III, persistent offender. On appeal, the Defendant argues that (1) the trial court erred in relying on Georgia convictions as prior felonies in order to classify him a Range III, persistent offender, (2) the trial court erred by ordering his sentence to be served consecutively to a prior federal sentence, and (3) his sentence amounts to cruel and unusual punishment. Although consecutive sentencing was proper and the Defendant's sentence did not amount to cruel and unusual punishment, we must nonetheless reverse and remand the case to the trial court for resentencing because the record does not support the trial court's finding that the Georgia convictions qualified as prior felonies for range classification purposes.

Constitutionality of restriction on political activity of election commissioners

TN Attorney General Opinions

Date: 2007-03-01

Opinion Number: 07-23


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