Opinion Flash

July 23, 2002
Volume 8 — Number 126

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
02 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 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
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


EARNEST PEELER v. TEMPRO SERVICES, INC.

Court:TSC - Workers Comp Panel

Attorneys:

P. Allen Phillips, Jackson, Tennessee, for the Defendant/Appellant,
Tempro Services, Inc.

Michael A. Jaynes and Danny R. Ellis, Jackson, Tennessee, for the
Plaintiff/Appellee, Earnest Peeler.                          

Judge: LAFFERTY

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)(3) for hearing and reporting to the Supreme Court of
findings of fact and conclusions of law.  Appellant/Defendant asserts
that trial court erred in awarding permanent partial disability for
seventy percent (70%) of plaintiff's right hand and forty-five percent
(45%) of his left hand.  As discussed below, this Panel affirms the
trial court's judgment.

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

LEWIS KENNETH YUNKER, JR. VS. TRAVELERS INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys:  

Ricky L. Apperson, Spicer, Flynn & Rudstrom,  Knoxville, Tennessee,
for the Appellant, Travelers Insurance Company.

Eugene B. Dixon, Koella & Dixon, Knoxville, Tennessee, for the
Appellee, Lewis Kenneth Yunker, Jr.

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's carrier appeals awards of
temporary total disability benefits, 50 percent permanent partial
disability to the body as a whole, and medical expenses.  We affirm.

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

STATE OF TENNESSEE v. PATRICK O. CROWLEY

Court:TCCA

Attorneys:

Nancy C. Meyer, Assistant Public Defender, for the appellant, Patrick
O. Crowley.

Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General; and Jan Hicks, Assistant District Attorney
General, for the appellee, State of Tennessee.                       

Judge: WADE

First Paragraph:

The defendant, Patrick O. Crowley, was indicted for DUI and DUI per
se, fourth offense, driving on a revoked license, second offense,
felony evading arrest, and possession of marijuana.  See Tenn. Code
Ann. SS 39-16-603, 39-17-418, 55-10-401, 55-50-504.  Prior to trial,
he pled guilty to second offense driving on revoked and possession of
marijuana, Class A misdemeanors.  A jury acquitted the defendant of
DUI and evading arrest, but found him guilty of DUI per se.  The trial
court ordered concurrent sentences of 11 months, 29 days for driving
on a revoked license and possession of marijuana, to be served
consecutively to a two-year sentence for the DUI.  In this appeal of
right, the defendant claims that the evidence is insufficient to
support his conviction for DUI per se.  The judgment of the trial
court is affirmed.

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

STATE OF TENNESSEE v. DEMETRIUS K. HOLMES

Court:TCCA

Attorneys:

Kenneth F. Irvine, Knoxville, Tennessee (on appeal), and Susan E.
Shipley, Knoxville, Tennessee (at trial), for the appellant, Demetrius
K. Holmes.

Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney,
Assistant Attorney General; and G. Scott Green, Assistant District
Attorney General, for the appellee, the State of Tennessee.                       

Judge: WADE

First Paragraph:

The defendant, Demetrius Kendale Holmes, was convicted of felony
murder and especially aggravated robbery.  The trial court imposed
consecutive sentences of life and 24 years, respectively.  In this
appeal of right, the defendant asserts that the evidence is
insufficient to support his convictions.  The judgments of the trial
court are affirmed.

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

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