September 30, 1999
Volume 5 -- Number 134

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
07 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

						
DANA STORY
VS.
LEGION INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellee:                    For the Appellant:

Mark P. Barnett                      Lee Anne Murray
HILL BOREN                           Cynthia DeBula Baines
1269 North Highland Avenue           FEENEY & MURRAY
P.O. Box 3539                        2040 First American Center
Jackson, TN 38302-3539               P.O. Box 198685
                                     Nashville, TN 37219-8685                         

Judge: STAFFORD

First Paragraph:

This worker's 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) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.

Review of the findings of fact made by the trial court is de novo upon
the record, accompanied by a presumption of the correctness of the
findings, unless the preponderance of the evidence is otherwise. 
Tenn. Code Ann. S 50-6-225(e)(2); Stone v. City of McMinnville, 896
S.W.2d 548, 550 (Tenn. 1995).  The application of this standard
requires this Court to weigh in more depth the factual findings and
conclusions of the trial court in a worker's compensation case.  See
Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). 
However, considerable deference must be given to the trial judge, who
has seen and heard witnesses especially where issues of credibility
and weight of oral testimony are involved.  Jones v. Hartford Accident
& Indem. Co., 811 S.W.2d 516, 521 (Tenn. 1991).

http://www.tba.org/tba_files/TSC_WCP/Storydan_opn.wpd



STATE OF TENNESSEE VS. JAMES LEE CANNON Court:TCCA Attorneys: For Appellant For Appellee Donna Robinson Miller John Knox Walkup Assistant District Public Defender Attorney General and Reporter 701 Cherry Street, Suite 300 425 Fifth Avenue North Chattanooga, Tennessee 37402 Nashville, TN 37243-0493 Erik W. Daab Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Barry A. Steelman Asst Dist Attorney General 600 Market Street Chattanooga, TN 37402 Judge:OGLE First Paragraph: The appellant, James Lee Cannon, appeals his sentence of imprisonment for life without possibility of parole imposed by a jury in the Hamilton County Criminal Court on October 15, 1997. The appellant contends that (1) the jury failed to comply with Tenn. Code. Ann. S 39-13-207(e) (1997); and (2) the jury's imposition of the challenged sentence was arbitrary and constituted a gross abuse of its "considered discretion." Tenn. Code. Ann. S 39-13-207(c), (g). Based upon our review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/CANNONJL_opn.wpd
THOMAS EUGENE GRAHAM VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: HEIDI A. BARCUS MICHAEL E. MOORE 606 W. Main, Suite 202 Solicitor General Knoxville, TN 37902 TODD R. KELLEY Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JERRY N. ESTES District Attorney General BARRY STEELMAN Assistant District Attorney General Suite 300 - Courts Building 600 Market Street Chattanooga, TN 37402 Judge: WELLES First Paragraph: This case presents us with a second opportunity to consider the Defendant's request for post-conviction relief. Although the Defendant, Thomas Eugene Graham, presents four issues for our review, we must first resolve the question of whether we reach the merits of the petition. Essential to our resolution of this matter is an analysis of the rather lengthy procedural history of the case. We conclude that consideration of the merits of the petition is barred and therefore affirm the trial court's denial of post-conviction relief. http://www.tba.org/tba_files/TCCA/GRAHAMTE_opn.wpd
STATE OF TENNESSEE VS. BLANE SCOTT HOLDER Court:TCCA Attorneys: FOR THE APPELLANT: O. DUANE SLONE REBECCA D. SLONE P.O. Box 1088 Dandridge, TN 37725 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter TODD R. KELLEY Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 ALFRED C. SCHMUTZER, JR. District Attorney General JAMES L. GASS Assistant District Attorney General 149 East Main St. P. O. Box 70 Dandridge, TN 37725 Judge: RILEY First Paragraph: The defendant, Blane Scott Holder, was convicted at a bench trial of first degree premeditated murder and sentenced to life imprisonment. In this appeal as of right, defendant raises the following issues: 1. whether the trial court erred in failing to find him not guilty by reason of insanity; 2. whether the current statute setting forth the affirmative defense of insanity is constitutional; and 3. whether the trial court erred in failing to consider his diminished capacity to form the requisite mens rea for premeditated murder. Upon our review of the record, we AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/HOLDERBS_opn.wpd
STATE OF TENNESSEE VS. STROHN JOHNSON Court:TCCA Attorneys: FOR THE APPELLANT: MARK C. SCRUGGS P. O. Box 158932 Nashville, TN 37215-8932 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter MARK E. DAVIDSON Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 RONALD L. DAVIS District Attorney General LEE E. DRYER Assistant District Attorney General Williamson Co. Courthouse Ste. G-6 P. O. Box 937 Franklin, TN 37065-0937 Judge: RILEY First Paragraph: Defendant, Strohn Johnson, appeals the revocation of his judicial diversion for simple possession of marijuana and imposition of the sentence requiring him to serve 100 days in split confinement followed by probation. The sole issue on appeal is whether the trial court erred in requiring the defendant to serve 100 days in confinement. We AFFIRM the judgment of the trial court relating to the sentence but REMAND for entry of a formal judgment of conviction. http://www.tba.org/tba_files/TCCA/JOHNSONS_opn.wpd
STATE OF TENNESSEE VS. FRED W. KINCAID, JR. Court:TCCA Attorneys: For the Appellant: For the Appellee: Julie A. Martin Paul G. Summers Contract Appellate Defender Attorney General and Reporter P. O. Box 426 Knoxville, TN 37901-0426 Ellen H. Pollack Assistant Attorney General Criminal Justice Division (ON APPEAL) 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Raymond Mack Garner District Public Defender Michael L. Flynn Natalee S. Hurley District Attorney General Shawn Graham Asst. Dist. Public Defenders Edward P. Bailey, Jr. 419 High Street Asst. District Attorney General Maryville, TN 37804 363 Court Street Maryville, TN 37804 Judge: HAYES First Paragraph: The appellant, Fred W. Kincaid, Jr., was indicted for aggravated rape and theft of property under $500. A Blount County jury found him guilty of the lesser offense of rape and theft as charged in the indictment. The trial court imposed concurrent sentences of nine years for the rape conviction and eleven months, twenty-nine days for the theft conviction, to be served in total confinement. http://www.tba.org/tba_files/TCCA/KINCAIDF_opn.wpd
STATE OF TENNESSEE VS. JACKIE DEAN MAYES, JR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SAM E. WALLACE, SR. PAUL G. SUMMERS SAM E. WALLACE, JR. Attorney General & Reporter 227 Second Avenue North Nashville, TN 37201 MARVIN E. CLEMENTS, JR. Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 LAWRENCE RAY WHITLEY District Attorney General LYTLE ANTHONY JAMES Assistant District Attorney 113 East Main Street Gallatin, TN 37066 Judge: WILLIAMS First Paragraph: The defendant, Jackie Dean Mayes, Jr., appeals his conviction from a Sumner County jury guilty verdict of D.U.I., third offense. See Tenn. Code Ann. SS 55-10-401, -403(a). He was sentenced to eleven months and twenty-nine days at seventy-five percent release eligibility. He appeals on the following grounds:
1. Whether the trial court erred in denying the defense counsel's
motion for continuance; 2. Whether the trial court erred in failing to suppress the testimony of the police officers;
3. Whether a violation of the sequestration rule occurred that
would require a mistrial; and 4. Whether the jury verdict should
be set aside because one juror slept through much of the defendant's case. After a review of the record, the briefs of the parties, and the applicable law, we conclude that the judgment of the trial court is AFFIRMED. http://www.tba.org/tba_files/TCCA/MAYESJD_opn.wpd
STATE OF TENNESSEE VS. JAMES EDWARD OAKLEY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: KIMBERLY A. PARTON PAUL G. SUMMERS P.O. Box 116 Attorney General and Reporter Knoxville, TN 37901-0116 ELLEN H. POLLACK Assistant District Attorney General 425 Fifth Avenue North Nashville, TN 37243 RANDALL E. NICHOLS District Attorney General ZANE SCARLETT Assistant District Attorney General City-County Building Knoxville, TN 37902 Judge: WELLES First Paragraph: The Defendant appeals from the judgment of the trial court revoking his community corrections sentence and ordering the balance of his sentence to be served in the Department of Correction. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/oakleyje_opn.wpd

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