June 14, 2001
Volume 7 — Number 108

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
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
01 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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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

GARY L. HOLT, SR. v. OZBURN-HESSEY MOVING COMPANY and AMERICAN
ALTERNATIVE  INSURANCE CORPORATION
Court:TSC - Workers Comp Panel

Attorneys:

Jeffrey P. Boyd, Jackson Tennessee, for the appellant, Ozburn-Hessey
Moving Company

James R. Tomkins,  Nashville, Tennessee, for the appellee, Gary L.
Holt, Sr.
                   
Judge: RUSSELL

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of  the  Supreme Court  in 
accordance  with  Tennessee  Code  Annotated  Section 50-6-225(e)(3)
for hearing and reporting of findings of fact and conclusions of law. 
The Appellant appeals from the amount of the award of permanent
partial disability benefits.  After a complete review of the entire
record, the briefs of the parties, and  the  applicable law, we affirm
 the award  made by the trial court.

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


KRISTIN B. HUNTLEY v. WILLIAM SIDNEY HUNTLEY Court:TCA Attorneys: John P. Konvalinka and Mathew D. Brownfield, Chattanooga, Tennessee, for the Appellant, William Sidney Huntley. Glenna M. Ramer, Chattanooga, Tennessee, for the Appellee, Kristin B. Huntley. Judge: SWINEY First Paragraph: In this child support modification action, the Trial Court held that a significant variance existed between William Sidney Huntley's ("Defendant") child support obligation set by the parties' Marital Dissolution Agreement ("MDA") and the amount mandated by the Child Support Guidelines ("Guidelines"). The Trial Court ordered an increase in child support consistent with the Guidelines. Because the Guidelines' flat percentage amount of child support totaled approximately $6,600 per month, the Trial Court ordered it be divided between child support payments of $3,100 and payments to a non-educational trust ("Trust") in the amount of $3,500. Defendant appeals and primarily contends that his child support obligation should not be increased to the Guidelines' flat percentage amount because that amount exceeds a reasonable amount of child support and because the MDA controls his child support obligation despite any increases in his income. Kristin B. Huntley ("Plaintiff") also raises issues on appeal, primarily regarding the Trust. We affirm. http://www.tba.org/tba_files/TCA/huntley.wpd
ROY EUGENE SCHRIMSHER v. SHERRY LYNN SCHRIMSHER Court:TCA Attorneys: Gerald C. Russell, Maryville, Tennessee, for Appellant, Sherry Lynn Schrimsher (Roberts) Charles E. Ridenour, Sweetwater, Tennessee, for Appellee, Roy Eugene Schrimsher Judge: GODDARD First Paragraph: This is a post divorce custody dispute. Mother seeks custody of the two minor children because she believes the children are dependent and neglected. Father seeks an increase in child support for the children. Mother requested the Trial Judge to hear the testimony of the children who were 12 and 11 at the time. The children were the witnesses to the acts complained of in the petition to change custody. Mother could only present hearsay evidence from the children. The Trial Judge refused to hear the testimony of the children and continued custody with Father and increased Mother's child support. Mother then filed this appeal. We vacate the decision of the trial court and remand for the purpose hereinafter set out. http://www.tba.org/tba_files/TCA/schrimsherroy.wpd
STATE OF TENNESSEE v. JAMES WESLEY OSBORNE Court:TCCA Attorneys: Edward C. Miller, Public Defender, Dandridge, Tennessee, for the appellant, James Wesley Osborne. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Alfred C. Schmutzer, Jr., District Attorney General; and Charles L. Murphy, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant, James Wesley Osborne, was convicted by a Jefferson County jury of first degree murder. The Defendant was sentenced to life imprisonment. The Defendant appeals, arguing the following: (1) that there was insufficient evidence to convict him of first degree premeditated murder, (2) that the trial court's manner of jury selection was in violation of Rule 24(c) of the Tennessee Rules of Criminal Procedure, (3) that the trial court erred by admitting into evidence photographs of a serrated knife found in the victim's home and photographs of two bayonets found in the Defendant's vehicle, (4) that the trial court erred by admitting into evidence an order of protection obtained by the victim against the Defendant and previous threats made by the Defendant to the victim and members of her family, (5) that the trial court erred by admitting into evidence testimony that the victim hid the Defendant's gun collection shortly before she was killed; (6) that the trial court erred by allowing autopsy photographs of the victim to be admitted into evidence, and (7) that the trial court erred in denying the Defendant's request for a voluntary manslaughter jury instruction. Finding no reversible error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/osbornejw.wpd

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