May 6, 1999
Volume 5 -- Number 061

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
12 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Lucian T. Pera
Editor-in-Chief, TBALink

						
CHRISTOPHER SCOTT SLACK
VS.
G.UB.MK CONSTRUCTORS and ARGONAUT INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys:  

For the Appellant:              For the Appellee:

Larry B. Nolen, P.C.            Kristi D. McKinney
106 Washington Avenue NE        Kennerly, Montgomery & Finley, P.C.
Athens, TN 37303                4th Floor, NationsBank Center
                                P. O. Box 442
                                Knoxville, TN 37901                        

Judge:INMAN

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.
The plaintiff alleged that he injured his low back while lifting on
February 14, 1996 in a job-related accident.  After receiving the
testimony by deposition of Dr. David Hague, the trial judge found that
the plaintiff's back problems were congenital and not attributable to
his employment.  The complaint was dismissed and the plaintiff
appeals.

http://www.tba.org/tba_files/TSC_WCP/Slack_wc3.WP6



STATE OF TENNESSEE VS. JOHN A. CHAPMAN Court:TCCA Attorneys: FOR THE APPELLANT FOR THE APPELLEE Howell G. Clements John Knox Walkup Spears, Moore, Rebman & Williams, P.C. Attorney General & Reporter P.O. Box 1759 Chattanooga, TN 37401 Erik W. Daab Assistant Attorney General Jane M. Stahl Criminal Justice Division Shumacker & Thompson, P.C. 425 Fifth Avenue North 701 Market Street, Suite 500 Nashville, TN 37243 Chattanooga, TN 37402 Judge:BYERS First Paragraph: On October 16, 1997, the defendant was found guilty in a jury trial of first degree murder, aggravated rape, and aggravated robbery. He was sentenced to serve life imprisonment for first degree murder to run concurrently with fifteen years for aggravated rape and twelve years for aggravated robbery. These sentences were ordered to be served consecutively to sentences the defendant had previously received for first degree murder, aggravated sexual battery, and aggravated kidnapping. http://www.tba.org/tba_files/TCCA/Chapmanj_cca.WP6
HUBERT J. ROBBINS VS. DAVID G. MILLS, Warden Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: HUBERT J. ROBBINS, pro se PAUL G. SUMMERS P.O. Box 1000 Attorney General & Reporter Petros, TN 37845 ELLEN H. POLLACK Assistant Attorney General 425 Fifth Avenue North 2nd Floor, Cordell Hull Bldg. Nashville, TN 37243 J. SCOTT McCLUEN District Attorney General FRANK A. HARVEY Assistant District Attorney P.O. Box 703 Kingston, TN 37763 Judge:CLARK First Paragraph: The appellant, Hubert J. Robbins, an inmate at Brushy Mountain State Prison, appeals the Morgan County Circuit Court's summary dismissal of his pro se petition for writ of habeas corpus. The trial court granted the state's motions to dismiss the petition without the appointment of counsel or an evidentiary hearing. Upon review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Doc1_doc.WP6
CHARLES RAY DOWLING VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: STEVE MERRITT JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 116 E. Harper Ave. Maryville, TN 37804 GEORGIA BLYTHE FELNER Counsel for the State 425 Fifth Ave. N., 2d Floor Nashville, TN 37243-0493 MICHAEL L. FLYNN District Attorney General EDWARD P. BAILEY, JR. Asst. District Attorney General 363 Court St. Maryville, TN 37804 Judge:WITT First Paragraph: The petitioner, Charles Ray Dowling, filed this post-conviction action attacking his especially aggravated burglary and aggravated assault convictions. He alleged that he received ineffective assistance of counsel, but for which he would not have entered guilty pleas. At the post-conviction hearing, the testimony of the petitioner and his trial attorney differed sharply on the material points. After receiving the evidence, the trial court accredited the evidence offered by the state over that presented by the petitioner. Thus, the petitioner failed to carry his burden of proof, and the petition was dismissed. See McBee v. State, 655 S.W.2d 191, 195 (Tenn. Crim. App. 1983). Upon our review of this appeal, we have determined that the petitioner has failed to demonstrate that the evidence preponderates against the trial court's findings. See Butler v. State, 798 S.W.2d 898, 899 (Tenn. 1990). Moreover, we have discerned no apparent error of law which requires reversal of the judgment. See Tenn. R. Ct. Crim. App. 20. http://www.tba.org/tba_files/TCCA/Dowlingc_opn.WP6
STATE OF TENNESSEE VS. DAVID J. FORRESTER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: TERRY J. LEONARD JOHN KNOX WALKUP 9 North Court Square Attorney General and Reporter P. O. Box 957 Camden, TN 38320 KIM R. HELPER Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 DAN ALSOBROOKS District Attorney General GEORGE SEXTON Assistant District Attorney Room 206 Waverly, TN 37185 Judge: SMITH First Paragraph: In December of 1996, Appellant David J. Forrester was indicted by the Humphreys County Grand Jury for attempted rape of a child and for aggravated sexual battery. On July 25, 1997, Appellant filed a motion to suppress a pretrial statement that he gave to state investigators. The trial court denied the motion after a hearing on August 25, 1997. On August 28, 1997, Appellant was convicted of aggravated sexual battery. After a sentencing hearing on December 9, 1997, the trial court sentenced Appellant to a term of ten years in the Tennessee Department of Correction. http://www.tba.org/tba_files/TCCA/Forresda_opn.WP6
HOWARD GLENN HUMPHREY VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LEROY PHILLIPS, JR. JOHN KNOX WALKUP PHILLIPS & CAPUTO Attorney General & Reporter 312 Vine Street Chattanooga, TN 37403 R. STEPHEN JOBE Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 WILLIAM H. COX, III District Attorney General BATES W. BRYAN, JR. Assistant District Attorney General 600 Market Street, Suite 310 Chattanooga, TN 37402 Judge:WOODALL First Paragraph: The Petitioner, Howard Glenn Humphrey, appeals as of right the trial court's dismissal of his petition for post-conviction relief. After a careful review of the record, we reverse and remand to the trial court for an evidentiary hearing on the grounds raised in the petition and all amendment thereto. http://www.tba.org/tba_files/TCCA/Hmphryhg_opn.WP6
STATE OF TENNESSEE VS. JOHNELL HOSKINS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JAMES V. MONDELLI JOHN KNOX WALKUP 5115 Maryland Way Attorney General & Reporter Brentwood, TN 37027 TIMOTHY BEHAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 RONALD L. DAVIS District Attorney General DEREK SMITH Assistant District Attorney General P.O. Box 937 Franklin, TN 37065-0937 Judge:WILLIAMS First Paragraph: The defendant, Johnell Hoskins, pleaded guilty to two counts of statutory rape and was sentenced to two years in the Tennessee Department of Correction for each count, with his sentences to run concurrently. The defendant appeals, arguing that these sentences are excessive and that the trial court erred in denying his request for alternative sentencing. We AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Hoskins_wpd.WP6
DONALD R. JONES VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DONALD R. JONES JOHN KNOX WALKUP Pro Se Attorney General and Reporter Carter County Annex Caller #1 ELLEN H. POLLACK Roan Mountain, TN 37687 Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 DAVID CROCKETT District Attorney General KENNETH C. BALDWIN Assistant District Attorney Carter County Justice Center Elizabethton, TN 37643 Judge:SMITH First Paragraph: On February 10, 1997, Appellant Donald R. Jones filed a petition for habeas corpus relief in the Carter County Criminal Court. On February 25, 1997, the trial court dismissed the petition because it failed to state a claim upon which relief could be granted. Appellant challenges the dismissal of his petition. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Jonesdon_opn.WP6
COREY ADAMS KENNERLY VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: FLOYD DON DAVIS JOHN KNOX WALKUP 201 First Avenue, N.W. Attorney General and Reporter Winchester, TN 37398 KIM R. HELPER Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 J. MICHAEL TAYLOR District Attorney General STEVEN M. BLOUNT Assistant District Attorney General 1002 East Main Street Decherd, TN 37324 Judge:WELLES First Paragraph: The Defendant, Corey Adams Kennerly, appeals the trial court's denial of his petition for post-conviction relief. On October 28, 1996, Defendant pleaded guilty to first degree felony murder and especially aggravated robbery. Pursuant to the plea agreement, the trial court sentenced Defendant to life imprisonment with the possibility of parole for felony murder and twenty years for especially aggravated robbery, to be served concurrent to his life sentence. http://www.tba.org/tba_files/TCCA/Kennerca_opn.WP6
DARRELL BUTCH LAWS VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DARRELL BUTCH LAWS, pro se JOHN KNOX WALKUP T.D.O.C. #90595 Attorney General & Reporter P.O. Box 5000 Mountain City, TN 37683 ELIZABETH B. MARNEY Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 JOE C. CRUMLEY, JR. District Attorney General 114 Alf Taylor Road Johnson City, TN 37601 Judge:WOODALL First Paragraph: The Petitioner, Darrell Butch Laws, appeals as of right the trial court's dismissal of his petition for writ of habeas corpus. After a careful review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Lawsdb_opn.WP6
STATE OF TENNESSEE VS. SAM NEELY Court:TCCA Attorneys: For the Appellant: For the Appellee: Nancy G. Wallace Charles W. Burson 6 Public Square North Attorney General of Tennessee Murfreesboro, TN 37130 and Christina S. Shevalier Assistant Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 William C. Whitesell, Jr. District Attorney General and John Price Assistant District Attorney General Judicial Building Murfreesboro, TN 37130 Judge:TIPTON First Paragraph: The defendant, Sam Neely, appeals as of right from his convictions for reckless endangerment with a deadly weapon and passing a worthless check in the amount of $808.20, both Class E felonies. The convictions were the result of two separate, unrelated jury trials in the Rutherford County Circuit Court. However, the records from both cases were commingled below so as to reflect a single, consolidated appeal. http://www.tba.org/tba_files/TCCA/Neelys_opn.WP6
JAMES A. SLAUGHTER VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: JOHN E. HERBISON 2016 Eighth Ave. South Nashville, TN 37204-2202 (On appeal) WILLIAM SCOTT SIMS 2700 First American Center Nashville, TN 37238-2700 (At hearing) FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter ELIZABETH B. MARNEY Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 VICTOR S. JOHNSON III District Attorney General BRET GUNN Assistant District Attorney General 500 Washington Square 222 Second Ave. North Nashville, TN 37201-1649 Judge:RILEY First Paragraph: Petitioner, James A. Slaughter, appeals as of right the denial of his petition for post-conviction relief. A Davidson County jury convicted the petitioner of four counts of selling more than twenty-six grams of cocaine, Class B felonies, and one count of conspiracy to sell or deliver over 300 grams of cocaine, a Class A felony. http://www.tba.org/tba_files/TCCA/Slaughte_opn.WP6
STATE OF TENNESSEE VS. ROBERT M. SNEED Court:TCCA Attorneys: For the Appellant: For the Appellee: Robert M. Sneed, Pro Se John Knox Walkup 1817 Oakwood Drive Attorney General of Tennessee Kingsport, TN 37664 and Todd R. Kelley Assistant Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 H. Greeley Welles, Jr. District Attorney General P.O. Box 526 Blountville, TN 37617-0526 Judge:TIPTON First Paragraph: The defendant, Robert M. Sneed, appeals as of right from the judgment of the Sullivan County Criminal Court declaring him to be a habitual motor vehicle offender, thereby barring him from operating a motor vehicle on the highways of Tennessee. He raises various issues dealing with (1) the sufficiency of the evidence of the predicate convictions, (2) the constitutionality of the convicting, sentencing, and Motor Vehicle Habitual Offender (MVHO) proceedings, particularly regarding due process and double jeopardy, and (3) the failure of the trial court to appoint him counsel for this appeal. We affirm the trial court. http://www.tba.org/tba_files/TCCA/Sneedrm_opn.WP6

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