Opinion FlashMarch 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):
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Howard H. Vogel
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
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