Opinion Flash

October 9, 2002
Volume 8 — Number 178

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
03 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


DON BIRCHFIELD v. HARDWOOD FRAMES OF AMERICA

Court:TSC - Workers Comp Panel

Attorneys: 

Jimmy W. Bilbo, of Cleveland, Tennessee, for Appellant, Don
Birchfield.

Kent T. Jones, of Chattanooga, Tennessee, for Appellee, Hardwood
Frames of America.

Judge: THAYER

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 trial
court dismissed the complaint finding the action was not filed within
the one year period of the statute of limitations.  Judgment of the
trial court is affirmed.

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

CHARLES R. RAPIER v. JONES BLAIR PAINT

Court:TSC - Workers Comp Panel

Attorneys:   

Jimmy W. Bilbo, of Cleveland, Tennessee, for Appellant, Charles R.
Rapier.

David C. Nagle, of Chattanooga, Tennessee, for Appellee, Jones Blair
Paint.                       

Judge: THAYER

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.' 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  The trial
court dismissed the complaint finding the action was barred by the one
year statute of limitations and because plaintiff=s condition was not
work-related.  Judgment of the trial court is affirmed.

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

DONNIE W. FOULKS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Donnie W. Foulks, Mountain City, Tennessee, Pro se.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; and C. Berkeley Bell, Jr., District
Attorney General, for the appellee, State of Tennessee.                        

Judge: MCGEE OGLE

First Paragraph:

The petitioner, Donnie W. Foulks, appeals the summary dismissal of his
petition for post-conviction relief.  The post-conviction court,
citing Tennessee Code Annotated section 40-30-202(c) (1997),
determined that the petitioner had previously filed a petition for
post-conviction relief and was therefore precluded from seeking relief
in a second proceeding.  Concluding that the post-conviction court
failed to consider that the petitioner's first post-conviction
petition was not resolved on the merits, we reverse the judgment of
the post-conviction court and remand for further proceedings.

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

DAVID ANDREW JACKSON, JR. v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Albert J. Newman, Jr., Knoxville, Tennessee, for the appellant, David
Andrew Jackson, Jr.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Leland Price, Assistant District Attorney General, for
the appellee, State of Tennessee.                        

Judge: MCGEE OGLE

First Paragraph:

The petitioner, David Andrew Jackson, Jr., was convicted by a jury in
the Criminal Court of Knox County of six counts of aggravated sexual
battery, Class B felonies, and two counts of rape of a child, Class A
felonies.  Prior to sentencing, the petitioner also pled guilty to one
pending count of aggravated sexual battery and two pending counts of
rape of a child.  Pursuant to the plea agreement, the petitioner
received an effective sentence of twenty years incarceration in the
Tennessee Department of Correction to be served at one hundred percent
(100%).  The petitioner timely filed for post-conviction relief,
alleging ineffective assistance of counsel.  The post-conviction court
denied his petition.  On appeal, the petitioner challenges the
post-conviction court's finding that the petitioner received effective
assistance of counsel.  After reviewing the record and the parties'
briefs, we affirm the judgment of the post-conviction court.

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

Constable as Neutral and Detached Magistrate

Date: October 2, 2002

Opinion Number: 02-109                         

http://www.tba.org/tba_files/AG/2002/OP109.pdf

Change to Utility District Service Area

Date: October 7, 2002

Opinion Number: 02-110                          

http://www.tba.org/tba_files/AG/2002/OP110.pdf

Children's Exposure to Environmental Smoke in State Owned or
Controlled Property

Date: October 7, 2002

Opinion Number:  02-111                        

http://www.tba.org/tba_files/AG/2002/OP111.pdf

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