July 5, 2000
Volume 6 -- Number 105

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.

This Issue (IN THIS ORDER):
 
01 New Opinion(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
02 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
00 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
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

STATE OF TENNESSEE  v.  BILLY JOE STOKES

Court:TSC

Attorneys: 

Jim Sowell, Dickson, Tennessee, for the appellant, Billy Joe Stokes.

Michael E. Moore, Solicitor General; and Elizabeth T. Ryan, Assistant
Attorney General; Nashville, Tennessee, for the appellee, State of
Tennessee.

Judge: BARKER

First Paragraph:

This is an appeal from the Circuit Court for Humphreys County, which
convicted the defendant, Billy Joe Stokes, of two counts of statutory
rape as lesser included offenses of rape.  The indictment alleged only
rape, but the Court of Criminal Appeals affirmed the convictions on
the ground that by agreeing to a jury instruction characterizing
statutory rape as a lesser included offense of rape, the defendant
consented to an amendment of the indictment.  The defendant then
sought, and this Court granted, permission to appeal on the following
issues:  (1) whether statutory rape is a lesser included offense of
rape; and (2) whether the defendant consented to an amendment of the
indictment.  We hold that statutory rape is not a lesser included
offense of rape under State v. Burns, 6 S.W.3d 453 (Tenn. 1999).

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


INGRAM INDUSTRIES, INC. v. CARLESS DYKE KELLER. Court:TSC - Workers Comp Panel Attorneys: Debra L. Fulton and Beverly D. Nelms, Knoxville, Tennessee, for the appellant, Ingram Industries, Inc. P. Richard Talley, Dandridge, Tennessee, for the appellee, Carless Dyke Keller. Judge: LAFFERTY 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 trial court awarded the plaintiff 24 percent vocational disability to the body as a whole. The defendant contends that the preponderance of the evidence does not support the trial court's award. We affirm. http://www.tba.org/tba_files/TSC_WCP/kellercd.wpd
SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0703.wpd
IN RE: Amendment to Supreme Court Rule 7, Section 5.01 Court:TSC - Rules First Paragraph: Supreme Court Rule 7, Section 5.01 is amended to add a subsection (f) to address out-of-state bar applicants admitted to their home state pursuant to a diploma privilege. http://www.tba.org/tba_files/TSC_Rules/SCTRule7_rul.wpd

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