May 7, 2001
Volume 7 — Number 083

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):
 
00 New Opinion(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 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
05 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

JHY D. JOHNSON v. LOJAC MATERIALS, INC.
Court:TSC - Workers Comp Panel

Attorneys: 

James H. Tucker, Jr., Manier & Herod, Nashville, Tennessee, for the
appellant, Lojac Materials, Inc.

William E. Farmer, Lebanon, Tennessee, for the appellee, Jhy D.
Johnson.                         

Judge: LOSER

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.  In this appeal, the employer insists the award of permanent
partial disability benefits based on 50 percent to the left hand is
excessive.  The employee contends the award is inadequate.  As
discussed below, the panel has concluded the judgment should be
affirmed.

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


SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0507.wpd
STATE OF TENNESSEE v. DENNIS R. JACKS Court:TCCA Attorneys: J. Thomas Marshall, Jr., District Public Defender, and Nancy Carol Meyer, Assistant Public Defender, for the appellant, Dennis R. Jacks. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; James N. Ramsey, District Attorney General; and Janice G. Hicks, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant appeals from the revocation of his probation, contesting the trial court's jurisdiction. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/jacksdr.wpd
STATE OF TENNESSEE v. ANTHONY LYNN WYRICK Court:TCCA Attorneys: Laura Rule, Knoxville, Tennessee, attorney for the appellant, Anthony Lynn Wyrick. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Scott Green, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant was convicted of two counts of aggravated rape and sentenced to concurrent terms of life without parole as a repeat violent offender. He challenges the sufficiency of the presentment, the sufficiency of the evidence, the admission of the victim's in-court identification of him as the attacker, the exclusion of evidence of a prior false accusation of rape by the victim, his inability to discover the victim's rape crisis center file, and the constitutionality of the repeat violent offender statute under which he was sentenced. Because the defendant should have been allowed to impeach the victim by cross-examining her about the prior false accusation of rape, we reverse the judgments of conviction and remand the case for a new trial. http://www.tba.org/tba_files/TCCA/wyrickal.wpd
Payment for Railroad Crossing Signs Date: April 30, 2001 Opinion Number: 01-066 http://www.tba.org/tba_files/AG/OP66.pdf
Inability of Telephone Coop to Operate Cable Television or Video Programming Systems Date: April 30, 2001 Opinion Number: 01-067 http://www.tba.org/tba_files/AG/OP67.pdf
Potential Effect on the Collection of Litigation Taxes Caused by Definition of "Case" in Proposed Amendment to Tenn. Code Ann. S 16-21-107 Date: May 2, 2001 Opinion Number: 01-068 http://www.tba.org/tba_files/AG/OP68.pdf
Public Records - Tennessee School Boards Association Date: May 2, 2001 Opinion Number: 01-069 http://www.tba.org/tba_files/AG/OP69.pdf
Authority of Beech River Watershed Development Authority to Contract with Henderson County for use of County Equipment in Road and Subdivision Development Date: May 2, 2001 Opinion Number: 01-070 http://www.tba.org/tba_files/AG/OP70.pdf

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