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Court: TWCA


Fredrick R. Baker, Cookeville, Tennessee, for the appellant, Aerospace Testing Alliance.

Robert G. Norred, Jr., Chattanooga, Tennessee, for the appellee, Farris D. Anderson.

Judge: SCOTT

This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tennessee Code Annotated section 50-6-225(e)(3) (2005) for hearing and reporting to the Supreme Court of findings of facts and conclusions of law. The trial court found that the employee had suffered a 65 percent vocational impairment to the body as a whole resulting from gradual hearing loss and tinnitus and also found that the employee's last day worked was his date of injury. The trial court awarded 260 weeks of permanent partial disability benefits. The employer has appealed, contending that the employee failed to prove causation of his tinnitus and that he is therefore entitled to recover only for his hearing loss, an injury to a scheduled member. The employer also asserts that the date of injury should be an earlier date, the last date on which the employee was exposed to high levels of noise injurious to his hearing. We hold that the trial court was correct in setting the employee's date of injury as the last day on which the employee worked for the employer. Based on the proof in the record, we hold that the trial court did not err in ruling that the employee suffered a "whole body" impairment. The judgment below is affirmed.



Court: TCA


Joseph M. Dalton, Nashville, Tennessee, for the appellant, Digital Express Graphic, LLC.

Christopher W. Conner, Maryville, Tennessee, for the appellee, Xerox Corporation.


This is an appeal from summary judgment granted in favor of the lessor in an action to collect the accelerated unpaid balance of $191,945.47 allegedly due under a lease agreement for digital printing equipment. After careful review of the record, we find that the lessee failed to meet its burden of proving the existence of a dispute of material fact that would preclude summary judgment. We affirm the judgment of the trial court in all respects.



Court: TCCA


Frank Deslauriers, Covington, Tennessee, for the Appellant, Robert Lee Adams, Jr.

Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; D. Michael Dunavant, District Attorney General; and James Walter Freeland, Jr., Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Robert Lee Adams, Jr., was convicted by a Tipton County jury of Class B felony possession of a Schedule II controlled substance and misdemeanor possession of a Schedule VI controlled substance. Following a sentencing hearing, the trial court sentenced Adams to fourteen years, as a Range II multiple offender, for Class B felony possession of cocaine and to eleven months and twenty-nine days for misdemeanor possession of marijuana. On appeal, Adams raises three issues for our review: (1) whether the trial court erred in denying Adams' motion to suppress evidence upon grounds that the pat-down search was not supported by a reasonable fear for officer safety; (2) whether the evidence was sufficient to support the conviction for felony possession of a Schedule II controlled substance with the intent to deliver; and (3) whether the court erred in allowing the State to question the TBI forensic agent regarding the average weight of cocaine tested in a typical cocaine prosecution case. Following review, the judgments of conviction is affirmed.



Court: TCCA


Byron Anthony Looper, Sr., appellant, pro se.

Robert E. Cooper, Attorney General & Reporter; and John H. Bledsoe, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: WITT

The petitioner, Byron Anthony Looper, appeals the Morgan County Criminal Courtís dismissal of his petition for habeas corpus relief from his 2000 Cumberland County conviction of first degree murder. The State has moved to have this court summarily affirm the dismissal pursuant to Rule 20 of the rules of this court. The motion is well taken, and we affirm the order of dismissal pursuant to Rule 20.



Court: TCCA


Robert E. Cooper, Jr., Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; James Michael Taylor, District Attorney General; and Steve Strain, Assistant District Attorney General, for the appellant, State of Tennessee.

Philip A. Condra, District Public Defender; and Robert G. Morgan, Assistant District Public Defender, for the appellee, Jeremy W. Meeks.

Judge: WITT

The State of Tennessee pursues an interlocutory appeal of the Grundy County Circuit Court's suppression of the confession of the defendant, Jeremy W. Meeks, to charges of rape of a child, see T.C.A. section 39-13-522, and aggravated sexual battery, see id. section 39-13-504. We reverse the order of the trial court.



Court: TCCA


Bryan H. Hoss, Chattanooga, Tennessee, for the appellant, Paul Schlueter.

Robert E. Cooper, Jr., Attorney General and Reporter; Cameron L. Hyder, Assistant Attorney General; William H. Cox, III, District Attorney General; and Jay Woods, Assistant District Attorney General, for the appellee, State of Tennessee.


The appellant, Paul Schlueter, pled guilty in the Hamilton County Criminal Court to one count of driving under the influence (DUI) and received a sentence of eleven months and twenty-nine days. As a condition of his plea, the appellant reserved a certified question of law: "whether the officer was justified in stopping and seizing this [appellant] pursuant to his community caretaking function or any other reasonable and articulable suspicion by activating his lights on or about 9-2-05." Upon our review of the record and the parties' briefs, we affirm the judgment of the trial court.


Criminal Liability of Mother of Child Born with Drug Addiction

TN Attorney General Opinions

Date: 2008-05-23

Opinion Number: 08-114



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In the waning hours of this year's legislative session, Tennessee lawmakers took a swipe at the Ethics Commission, successfully attaching to a bill an amendment that would immediately cap the number of audits the TEC could perform on lobbyists, prohibit most TEC staff from making informal advisory opinions, and ensure that legislative intent is examined by the TEC when making advisory opinions. Gov. Phil Bredesen has 10 days to either sign the bill, let it become law without his signature, or veto it.
Read more in the Nashville Post (subscription required)
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New benefit provides communications solutions
PAETEC personalizes communications solutions for professional practices in Tennessee, offering a comprehensive suite of data, voice and IP services, as well as enterprise communications management software, network security solutions, CPE and managed services. The TBA has teamed up with the company to offer special products and pricing for members and their firms. For more information contact Sharon Joyce in Nashville at (615) 324-1845, Mark Priest in Memphis at (901) 312-1802, or Mark Morrell in Knoxville/Chattanooga at (865) 251-1765.

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About this publication: Today's News is a compilation of digests of news reports of interest to Tennessee lawyers compiled by TBA staff, links to digested press releases, and occasional stories about the TBA and other activities written by the TBA staff or members. Statements or opinions herein are those of the authors and do not necessarily reflect those of the Tennessee Bar Association, its officers, board or staff.

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