Opinion Flash

March 26, 2004
Volume 10 — Number 059

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
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Court of Appeals
03 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

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version.
Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


BONNIE GROSS v. ST. THOMAS HOSPITAL, ET AL.

Court:TSC - Workers Comp Panel

Attorneys:                          

Gregory Lee Groth, Cookeville, Tennessee, for appellant, Bonnie Gross

David Randall Mantooth, Nashville, Tennessee, for appellee, St. Thomas
Hospital

Judge: WALLACE

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. Section 50-6-225(e)(3) for hearing and reporting
to the Supreme Court of findings of fact and conclusions of law.  The
plaintiff, employee, appeals from a judgment in favor of the
defendant, employer, which found employee's present medical condition
and injury to her cervical spine was not a continuation of her
original injury of January 18, 1999.  The court, therefore, denied
employee's claim for medical benefits and an increase in vocational
disability.  We affirm the judgment of the trial court.

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

IN RE: ESTATE OF HARRY SANDERS

Court:TCA

Attorneys:                          

Ted W. Daniel, Shelbyville, Tennessee, for the appellant, Marshall
Sanders.

Anthony W. Harris, Shelbyville, Tennessee, for the appellee, Estate of
Harry Sanders,  Rosalyn Vine, Executrix.

Judge: COTTRELL

First Paragraph:

A fifty-two year old man brought a claim against his father's estate
for twenty-seven semesters of post-secondary educational expenses,
contending that the father had agreed to pay those expenses as part of
a Michigan divorce settlement thirty-five years earlier, but had
failed to make more than a nominal payment.  The trial court dismissed
the claim.  The son argues on appeal that a correct interpretation of
the relevant choice of law statutes would have compelled the trial
court to approve his claim.  We do not agree, and we affirm the trial
court.

http://www.tba.org/tba_files/TCA/sandersh.wpd

JAMES MILES PECK v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Matthew Mayo, Nashville, Tennessee, for the appellant, James Miles
Peck.

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Michael D. Rohling, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The petitioner appeals the lower court's denial of his post-conviction
relief petition.  The petitioner entered a plea of nolo contendere to
aggravated assault as a Range II offender, for which he was sentenced
to ten years' incarceration at 35 percent.  He contends on appeal that
his trial counsel was ineffective for failing to properly investigate
his case and that his plea was entered involuntarily.  We affirm the
judgment of the post-conviction court.

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

TERRANCE L. TURNER AND JERMAINE MONTEZ BRADFORD v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

David R. Heroux, Nashville, Tennessee, for the appellant, Terrance L.
Turner.

Larry B. Felts, Nashville, Tennessee, for the appellant, Jermaine
Montez Bradford.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; Victor S. (Torry) Johnson, III, District
Attorney General; and Carlton Drumwright, III, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

Petitioner Terrance L. Turner was convicted in the Davidson County
Criminal Court of two counts of attempted second degree murder and one
count of especially aggravated kidnapping.  Turner received a total
effective sentence of twenty-eight years incarceration in the
Tennessee Department of Correction.  Subsequently, Turner filed for
post-conviction relief, alleging that he received the ineffective
assistance of counsel.  Petitioner Jermaine Montez Bradford was
convicted of especially aggravated kidnapping and was sentenced to
twenty-three years incarceration.  Thereafter, Bradford filed for
post-conviction relief, alleging that he received the ineffective
assistance of counsel because counsel denied him the right to testify
at trial.  The post-conviction court denied both petitions and the
petitioners timely appealed.  Upon our review of the record and the
parties' briefs, we affirm the judgments of the post-conviction court.

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

LARRY D. UPSHAW v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Albert J. Newman, Jr., Knoxville, Tennessee, for the appellant, Larry
D. Upshaw.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Randall Eugene Nichols, District Attorney
General; and Zane M. Scarlett, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The petitioner appeals the denial of his petition for post-conviction
relief from his second degree murder conviction, arguing that the
post-conviction court erred in finding that his trial counsel provided
effective assistance at trial and on appeal.  Following our review, we
affirm the denial of the petition.

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

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi


HomeContact UsPageFinderWhat's NewHelp
© Copyright 2004 Tennessee Bar Association