Opinion FlashSeptember 2, 2004
Volume 10 Number 170
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
DAVID HICKMAN v. CONTINENTAL BAKING COMPANY Court:TSC - Workers Comp Panel Attorneys: Karen R. Cicala, Memphis, Tennessee, for the Appellant, Continental Baking Company. Mark Ledbetter, Memphis, Tennessee, for the Appellee, David Hickman. Judge: HOLDER First Paragraph: The present workers' compensation case requires us to consider the trial court's assessment of vocational disability and, with respect to the employer's alleged subrogation interest, 1) the applicability of Tennessee Code Annotated section 50-6-112(c)(1); 2) the extent of the employer's credit against future liability under Tennessee Code Annotated section 50-6-112(c)(2); 3) the appropriate disposition of medical expenses incurred prior to the time of trial in the employee's workers' compensation suit but not paid by the employer; and 4) the propriety of requiring the employer to pay a proportionate share of the employee's attorney's fee from a third-party tort action. The trial court's judgment is affirmed in part and reversed in part, and the case is remanded. http://www.tba.org/tba_files/TSC_WCP/hickmandav.wpd
STATE OF TENNESSEE v. WILLIAM EDWARD BELLAMY Court:TCCA Attorneys: William Edward Bellamy, Mountain City, Tennessee, pro se. Paul G. Summers, Attorney General & Reporter; Michelle Chapman McIntire, Assistant Attorney General; H. Greeley Wells, District Attorney General; J. Eugene N. Perrin, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WITT First Paragraph: The petitioner, William Edward Bellamy, appeals the trial court's denial of his motion to correct an illegal sentence. The State has filed a motion requesting that this Court affirm the trial court's action pursuant to Rule 20, Rules of the Court of Criminal Appeals. The motion is without merit. Accordingly, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/bellamywililamed.wpd
DEXTER FRANK JOHNSON v. STATE OF TENNESSEE Court:TCCA Attorneys: Dexter Frank Johnson, Henning, Tennessee, pro se. Paul G. Summers, Attorney General and Reporter; Michelle Chapman McIntire, Assistant Attorney General; William H. Cox, III, District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The petitioner, Dexter Frank Johnson, appeals the dismissal of his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the action of the trial court pursuant to Rule 20, Tenn. Ct. Crim. App. R. The petition fails to present a cognizable claim for habeas corpus relief. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/johnsondexterf.wpd
State Agency Rule-Making Authority and the Right to Counsel in Child Support Contempt Cases Date: September 1, 2004 Opinion Number: 04-142 http://www.tba.org/tba_files/AG/2004/op142.pdf
Convicted Felon Serving as an Agent to a Bail Bondsman Date: September 1, 2004 Opinion Number: 04-143 http://www.tba.org/tba_files/AG/2004/op143.pdf
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