November 22, 1999
Volume 5 -- Number 160

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):
 
05 New Opinion(s) from the Tennessee Supreme Court
00 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
02 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

						
						
SAMUEL LOPICCOLLO
VS.
PARAMOUNT PACKAGING CORPORATION (TENNESSEE) AND ST. PAUL FIRE & 
MARINE INSURANCE COMPANY

JUDGMENT ORDER

Court:TSC

Judge: PER CURIAM

First Paragraph:

This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the
Panel should be accepted and approved; and ...

http://www.tba.org/tba_files/TSC/jolopicc.wpd



MARRIOTT INTERNATIONAL, INC. VS. LYNN SALTER JUDGMENT ORDER Court:TSC Judge: PER CURIAM First Paragraph: This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference. Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and ... http://www.tba.org/tba_files/TSC/jomarrio.wpd
BOBBY DAVID MCELHANEY VS. CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE JUDGMENT ORDER Court:TSC Judge: PER CURIAM First Paragraph: This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference. Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and ... http://www.tba.org/tba_files/TSC/jomcelh.wpd
CYNTHIA MORRISON VS. TECUMSEH PRODUCTS COMPANY JUDGMENT ORDER Court:TSC Judge: PER CURIAM First Paragraph: This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference. Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and http://www.tba.org/tba_files/TSC/jomorri.wpd
IN RE: PETITION OF CERTAIN MEMBERS OF THE BAR OF TENNESSEE REQUESTING CHANGES IN THE PROCEDURE TO BE USED BY THE COURT IN ADOPTING RULES OR MAKING CHANGES TO THE RULES PERTAINING TO THE MEMBERS OF THE BAR IN ORDER TO OBSERVE THE FUNDAMENTAL REQUIREMENTS OF PROCEDURAL DUE PROCESS ORDER Court:TSC Judge: ANDERSON First Paragraph: On March 17, 1999, certain Roane County members of the Bar of Tennessee filed in this Court a petition requesting the Court to establish a procedure to give notice to all individual members of the Bar by mailing to each lawyer registered with the Board of Professional Responsibility a notice of any and all proposals to add to or change the rules of the Court insofar as any such rules or changes to rules would affect the members of the Bar in their professional standing, duties, obligations or burdens. To provide fair consideration of this issue, this Court entered an order on July 9, 1999, soliciting written responses from the Bar and public. The period for responses expired on October 11, 1999. http://www.tba.org/tba_files/TSC/ROANECO2_ORD.wpd
STATE OF TENNESSEE VS. IRA J. BABB, JR. Court:TCCA Attorneys: For Appellant: For Appellee: George Todd East, Attorney Paul G. Summers 155 Shelby Street Attorney General and Reporter Kingsport, TN 37660 Elizabeth B. Marney Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243-0493 Joseph Eugene Perrin P.O. Box 526 Assistant District Attorney General Blountville, TN 37617 Judge: WADE First Paragraph: The defendant, Ira J. Babb, Jr., pled guilty to driving on a revoked license and leaving the scene of an accident with injury. Also charged with aggravated assault and reckless endangerment, he was found guilty of two counts of reckless endangerment. http://www.tba.org/tba_files/TCCA/BABBIJJR.wpd
STATE OF TENNESSEE VS. CANDRA ANN FRAZIER Court:TCCA Attorneys: For the Appellee: For the Appellant: Thomas V. Testerman Paul G. Summers 301 East Broadway Attorney General and Reporter Newport, TN 37821 R. Stephen Jobe and Assistant Attorney General Criminal Justice Division Amber Haas 425 Fifth Avenue North Asst. Public Defender 2d Floor, Cordell Hull Building 102 Mims Avenue Nashville, TN 37243-0493 Newport, TN 37821 Al Schmutzer, Jr. District Attorney General Sevier County Courthouse 125 Court Avenue, Suite 301-E Sevierville, TN 37862 Judge: HAYES First Paragraph: The State appeals the ruling of the Cocke County Circuit Court finding subsection (n) of the DUI statute, Tenn. Code Ann. S 55-10-403(n) (1998), unconstitutional. After review, we conclude that no case or controversy exists empowering this court to render a decision on the merits. Accordingly, the appeal is dismissed. http://www.tba.org/tba_files/TCCA/Frazier2.wpd

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