Opinion FlashSeptember 03, 2003
Volume 9 Number 160
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):
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Howard H. Vogel
ADANA CARTER v. UTICA MUTUAL INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: Bert Bates and Lynn Perry, of Cleveland, Tennessee, for Appellant, Adana Carter. Michael D. Newton, of Chattanooga, Tennessee, for Appellee, Utica Mutual Insurance Company. 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 sustained a motion for summary judgment in favor of the employer and held that the injury did not occur within the course of employment. The employee contends she was required to make the trip in question and was on a special mission and that the usual rule of noncompensability in going to or coming from work did not apply. The judgment is reversed as the injury occurred on the return trip which was a special errand or mission for the benefit of the employer. http://www.tba.org/tba_files/TSC_WCP/cartera.wpd
STATE OF TENNESSEE v. JOHN LEE BELLAMY Court:TCCA Attorneys: Julie A. Rice, Knoxville, Tennessee (on appeal), and Stephen M. Wallace, District Public Defender, and Joseph F. Harrison, Assistant Public Defender (at trial), for the appellant, John Lee Bellamy. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Joseph Eugene Perrin and James Franklin Goodwin, Jr., Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, John Lee Bellamy, pled guilty in the Sullivan County Criminal Court to reckless aggravated assault, a Class D felony; failure to appear, a Class E felony; driving under the influence, second offense, and leaving the scene of an accident, Class A misdemeanors; and driving on a revoked license, second offense, a Class B misdemeanor. The trial court sentenced him as a Range I, standard offender to an effective sentence of four years, eight months, twenty-nine days. The defendant appeals the trial court's ordering him to serve his two-year, nine-month-sentence for the reckless aggravated assault conviction and consecutive one-year sentence for the failure to appear conviction in confinement. He claims that he should have received alternative sentences or, at most, sentences of split confinement. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/bellamyjohnlee.wpd
STATE OF TENNESSEE v. GARY S. JOHNSON Court:TCCA Attorneys: Edward C. Miller, Dandridge, Tennessee (on appeal); and S. Joanne Ellis, Newport, Tennessee (at post-conviction hearing), for the appellant, Gary S. Johnson. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; William Paul Phillips, District Attorney General; Jared Effler and Michael O. Ripley, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant, Gary S. Johnson, pled guilty to vehicular homicide, a Class B felony, on August 6, 1996. The trial judge originally sentenced him to twelve years of house arrest and community corrections. The State appealed, and this Court vacated the sentence because the Defendant was not eligible for community corrections. Upon re-sentencing the Defendant was ordered to serve ten years of incarceration. The Defendant did not immediately appeal, but filed a timely Motion for a Modification and/or Reduction of Sentence. Prior to the trial court ruling on the motion, the Defendant filed a Petition for Post Conviction Relief based on ineffective assistance of counsel. The trial court denied both the Defendant's motion and the Petition for Post Conviction Relief on June 12, 2002. The sole issue for appeal is whether the trial court erred in denying the Defendant's Petition for Post Conviction Relief. Finding no error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/johnsongs.wpd
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