Opinion FlashJuly 8, 2002
Volume 8 Number 115
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.
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Howard H. Vogel
DARRYL PHILLIPS V. DEROYAL INDUSTRIES Court:TSC - Workers Comp Panel Attorneys: David J. Silvus, Allen, Kopet & Boyd, Knoxville, Tennessee, for the Appellant, Deroyal Industries. Mark E. Blakely, Baker, Donelson, Bearman & Caldwell, Knoxville, Tennessee, for the Appellee, Darryl Phillips. Judge: PEOPLES First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel in accordance with Tenn. Code Ann. S 50-6-225(e) for hearing and reporting of findings of fact and conclusions of law. The employer appeals the trial court's award of medical bills for testing and hospitalization by an unauthorized physician. The employee cross-appeals contending (a) that he was justified in seeking treatment by the unauthorized physician and that all medical bills should have been awarded, and (b) that the trial court erred in failing to award all temporary total benefits due. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/phillipsd.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0708.wpd
JOHN E. SICARD v. LEON WILLIAMS GENERAL CONTRACTOR, INC. Court:TCA Attorneys: Monty L. Walton and Stephanie K. Hunt, Knoxville, Tennessee, for Appellant. L. Roy Waldrop, Knoxville, Tennessee, for Appellee. Judge: FRANKS First Paragraph: The Trial Court awarded plaintiff commission under Agreement between the parties. On appeal, we reverse on grounds that plaintiff's misrepresentation in procuring a contract with a third party, denied his contractual right to the commission. http://www.tba.org/tba_files/TCA/sicardj.wpd
DAVID BOESE v. STATE OF TENNESSEE Court:TCCA Attorneys: H. Franklin Chancey, Cleveland, Tennessee, for the appellant, David Boese. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Charles M. Corn, District Attorney General; and Sandra N. C. Donaghy, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: Petitioner pled guilty in state court to second degree murder and aggravated assault. Petitioner contends he was told by trial counsel that a pending first degree murder charge in state court would result in incarceration for life without parole in federal court on related charges. He asserts that trial counsel's performance was deficient resulting in unknowing and involuntary guilty pleas. We disagree and affirm. http://www.tba.org/tba_files/TCCA/boesed.wpd
STATE OF TENNESSEE v. EDWARD KORIK Court:TCCA Attorneys: Nancy Meyer, Clinton, Tennessee, for the appellant, Edward Korik. Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann, Assistant Attorney General; James N. Ramsey, District Attorney General; Jan Hicks, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Edward Korik, appeals the Anderson County Criminal Court's ordering him to serve forty-five days in jail for his guilty plea to driving under the influence (DUI), second offense, a Class A misdemeanor. He contends that this court should remand his case to the general sessions court, where it originated, with orders that the general sessions court consider his request for work release instead of incarceration. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/korike.wpd
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