Opinion Flash

June 24, 2002
Volume 8 — Number 108

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

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
04 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


BARBARA A. WILLOUGHBY and VANESSA WILLOUGHBY v. FEDERATED MUTUAL
INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys:

David H. Dunaway, LaFollette, Tennessee, for the appellants, Barbara
A. Willoughby and Vanessa Willoughby.

D. Brett Burrow and Gordon C. Aulgur, Nashville, Tennessee, for the
appellee, Federated Mutual Insurance Company.                       

Judge: BYERS

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
plaintiffs appeal the trial judge's decision that they failed to carry
their burden of proof with respect to the decedent's heart attack
being an injury by accident arising out of and in the course of his
employment for the company insured by the defendant.  We affirm the
judgment of the trial court.

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

SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0624.wpd

STATE OF TENNESSEE v. RHYNUIA LAMONT BARNES

Court:TCCA

Attorneys:

David A. Collins (on appeal) and Paula Ogle Blair (at trial),
Nashville, Tennessee, for the appellant, Rhynuia Lamont Barnes.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Kymberly Haas and Bernard F. McEvoy, Assistant District
Attorneys General, for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The defendant was convicted of premeditated first degree murder by a
Davidson County jury and sentenced to life imprisonment with the
possibility of parole.  In this appeal, he contends (1) the evidence
was insufficient to sustain his conviction; (2) he was denied the
opportunity to retain his counsel of choice; (3) the state committed
prosecutorial misconduct when it failed to sua sponte redact a portion
of an audio tape, and the trial court improperly denied the
defendant's request for a mistrial; and (4) the trial court erred when
it failed to instruct the jury on facilitation of first degree murder
and voluntary manslaughter as lesser-included offenses of first degree
murder.  After reviewing the record, we affirm.

http://www.tba.org/tba_files/TCCA/barnesrl.wpd

STATE OF TENNESSEE v. WENDELL GARY GIBSON

Court:TCCA

Attorneys:

Claudia S. Jack, District Public Defender; and Robin Farber, Assistant
District Public Defender, for the appellant, Wendell Gary Gibson.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Mike Bottoms, District Attorney General;
and Brent A. Cooper, Assistant District Attorney General, for the
appellee, State of Tennessee.                        

Judge: RILEY

First Paragraph:

The sole issue in this appeal is whether the trial court erred in
ordering the defendant to pay $18,000 in restitution.  We reverse the
judgment of the trial court regarding restitution and remand this
matter for further proceedings.

http://www.tba.org/tba_files/TCCA/gibsonwg.wpd

STATE OF TENNESSEE v. RHONDA PATRICIA MAYES

Court:TCCA

Attorneys:  

Mark C. Scruggs, Nashville, Tennessee, for the appellant, Rhonda
Patricia Mayes.

Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann,
Assistant Attorney General; William Michael McCown, District Attorney
General; and Weakley E. (Eddie) Barnard, Assistant District Attorney
General, for the appellee, State of Tennessee.                        

Judge: WILLIAMS

First Paragraph:

Defendant was convicted of two counts of possession of cocaine with
intent to sell and two counts of simple possession of cocaine. 
Defendant appealed on four grounds: (1) there was insufficient
evidence to support the conviction for possession with intent to sell
cocaine; (2) a search warrant failed to state sufficient facts to
establish probable cause to search defendant's apartment; (3)  the
indictment was multiplicitous; and (4) the trial court erred in ruling
that the State could use defendant's prior conviction to show intent. 
We affirm the trial court's judgment.

http://www.tba.org/tba_files/TCCA/mayesrp.wpd

STATE OF TENNESSEE v. JOHN PAUL SZCZEPANOWSKI

Court:TCCA

Attorneys:

Kevin W. Shepherd, Maryville, Tennessee, for the Appellant, John Paul
Szczepanowski.

Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Robert L. Jolley, Jr., Assistant District Attorney
General, for the Appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Knox County Grand Jury indicted the Defendant for assault,
official misconduct, and official oppression.  A Knox County jury
convicted the Defendant of official misconduct, and a mistrial was
declared as to the remaining two counts.  The Defendant now appeals
his conviction, arguing the following: (1) that Tennessee Code
Annotated S 39-16-402(a)(1), governing the crime of official
misconduct, is unconstitutionally vague; (2) that insufficient
evidence was presented at trial to support his conviction; (3) that
the trial court erred by refusing to order the State to specifically
describe in the bill of particulars the act committed by the Defendant
underlying the charged offense or in the alternative, to require the
State to elect the offense upon which it was relying to establish the
crime of official misconduct; and (4) that the trial court erred in
instructing the jury.  We conclude that Tennessee Code Annotated S
39-16-402(a)(1) is not unconstitutionally vague; that sufficient
evidence supports the Defendant's conviction; that the trial court did
not err by refusing to require the State to clarify its bill of
particulars or to elect an offense at the close of proof; and that the
trial court did not err in its jury instructions.  We therefore affirm
the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/szczepanowskijp.wpd

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