Opinion Flash

October 15, 2004
Volume 10 — Number 200

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
04 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
06 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 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


CLYDE DOUGLAS BISHOP v. EARTHGRAINS BAKING COMPANIES

Court:TSC - Workers Comp Panel

Attorneys:                          

Ralph Brown, Knoxville, Tennessee, attorney for Appellant, Clyde
Douglas Bishop.

John David Barry, Chattanooga, Tennessee, attorney for Appellee,
Earthgrains Baking Company.

Judge: INMAN

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
Plaintiff claimed to have suffered a compensable back injury.  The
evidence revealed that he had a congenital back condition which was
not aggravated by the claimed injury, and his suit was dismissed.  The
judgment of dismissal is affirmed.  The trial judge disallowed
discretionary costs because to allow such costs would deter the filing
of workers' compensation cases.  On the issue of discretionary costs
we reverse and remand for a determination and award of discretionary
costs.

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

LORI ANN JOHNSON v. MCKEE FOODS CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:                          

Daniel K. Habenicht, Chattanooga, Tennessee, for Appellant, Lori Ann
Johnson.

Bruce C. Bailey and Charles D. Lawson, Chattanooga, Tennessee, for
Appellee, McKee Foods Corporation.

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 claim holding it was barred by the expiration of
the one year statute of limitations.  The judgment is reversed as an
issue of fact exists as to whether the statute of limitations should
be suspended until the employee learned of her disability from her
doctor.

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

JANET SIMPSON v. DONALDSON CO., INC.

Court:TSC - Workers Comp Panel

Attorneys:                          

Howard R. Dunbar, Johnson City, Tennessee, for appellant, Janet
Simpson.

Alexandra S. Deas and Jimmy D. Holbrook, Jr., Knoxville, Tennessee,
for appellee, Donaldson Co., Inc.

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 claim finding the employee's condition did not
arise out of her employment.  Plaintiff appeals and argues the
evidence preponderates against the conclusion of the trial court. 
Judgment affirmed.

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

ELLIS L. WOODS v. LOCKHEED MARTIN ENERGY SYSTEMS, INC.

Court:TSC - Workers Comp Panel

Attorneys:                          

Gary T. Dupler, Knoxville, Tennessee, attorney for appellant,
Operations Management International, Inc.

John P. Dreiser, Knoxville, Tennessee, attorney for Appellee, Ellis L.
Woods.

Timothy W. Conner, Knoxville, Tennessee, attorney for appellees,
Lockheed Martin Energy Systems, Inc. and Union Carbide Corporation.

Judge: INMAN
 
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
Plaintiff sustained a gradual hearing loss while working for
successive employers performing essentially the same duties.  The
trial judge held that the last-injurious employment rule applied.  We
affirm.

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

C. DWIGHT GRAHAM, ET AL. v. THE GENERAL SESSIONS COURT OF FRANKLIN
COUNTY, ET AL.

Court:TCA

Attorneys:                          

Joel H. Moseley, Sr., of Nashville, For Appellants C. Dwight Graham
and  Huckabee Bonding Company

Ben P. Lynch and Patrick Lynch of Winchester, For Appellees, The
General Sessions Court of Franklin County, Tennessee, The Honorable
Floyd D. Davis, and The Honorable Mike D. Foster

Judge: CRAWFORD

First Paragraph:

Professional bondsmen sued the general sessions court, the general
sessions judge, and the sheriff, seeking a declaratory judgment that
an order of the general sessions court concerning bonds for some
offenses is invalid as contrary to the statutes of the State of
Tennessee and the Tennessee Constitution. The trial court entered
judgment for the defendants, and plaintiff appeals. We reverse.

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

IN RE: DNG, SDP, et ux, JASP,  v. RLG and KSR

Court:TCA

Attorneys:                          

Kelli Barr Summers, Brentwood, Tennessee, for Appellant.

Paul A. Rutherford, Nashville, Tennessee, for Appellees.

Judge: FRANKS

First Paragraph:

The Trial Court terminated the mother's parental rights to the four
year old child.  On appeal, we Affirm.

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

ANTHONY K. GOODS v. TONY PARKER, WARDEN

Court:TCCA

Attorneys:                          

Anthony K. Goods, Appellant, Pro Se.

Paul G. Summers, Attorney General & Reporter; and Helena Walton
Yarbrough, Assistant Attorney General, Nashville, Tennessee, for the
Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The petitioner, Anthony K. Goods, appeals the Lake County Circuit
Court's dismissal of his petition for habeas corpus relief.  We affirm
in part and reverse in part.

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

STATE OF TENNESSEE v. RONNIE W. SALMON

Court:TCCA

Attorneys:                          

Curtis F. Hopper, Savannah, Tennessee, for the appellant, Ronnie W.
Salmon.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; G. Robert "Gus" Radford, District Attorney
General; and John W. Overton, Assistant District Attorney General, for
the appellee, the State of Tennessee.

Judge: WOODALL

First Paragraph:

Following a jury trial, Defendant, Ronnie W. Salmon, was convicted of
driving under the influence of an intoxicant, second offense, a Class
A misdemeanor.  The trial court sentenced Defendant to eleven months,
twenty-nine days, all suspended but sixty days.  Defendant does not
appeal his sentence.  Defendant argues on appeal that the evidence was
insufficient to support his conviction, that certain remarks made by
the prosecutor during closing argument were improper, and that the
trial court erred in not granting Defendant a mistrial on the basis of
the prosecutor's comments during closing argument.  We affirm the
judgment of the trial court.

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

STATE OF TENNESSEE v. RAYMOND SUNIL TATE 

Court:TCCA

Attorneys:                          

John Allen Brooks, Chattanooga, Tennessee, for the appellant, Raymond
Sunil Tate.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General;  William H. Cox, III, District Attorney
General; Rodney C. Strong, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, Raymond Sunil Tate, appeals from the denial 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 does not
establish either an expired sentence or a void judgment.  Accordingly,
the state's motion is granted and the judgment of the trial court is
affirmed.

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

STATE OF TENNESSEE v. VICKI D. WALDEN

Court:TCCA

Attorneys:                          

Timothy P. Webb, Jacksboro, Tennessee, for the Appellant, Vicki D.
Walden.

Paul G. Summers, Attorney General & Reporter; Seth P. Kestner,
Assistant Attorney General; William Paul Phillips, District Attorney
General; and Michael O. Ripley, Assistant District Attorney General,
for the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The defendant, Vicki D. Walden, pleaded guilty to the sale of Schedule
III controlled substances, a Class D felony.  By agreement with the
state, the defendant was to be sentenced as a Range III offender,
subject to a sentencing range of eight to twelve years.  The length of
the sentence and the manner of service were reserved for the trial
court's determination.  The trial court denied alternative sentencing
and imposed a twelve-year incarcerative sentence.  On appeal, the
defendant argues that she should have received an eight-year sentence
making her eligible for probation, community corrections, or split
confinement.  For the following reasons, we affirm the judgment.

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

ALFONZO WILLIAMS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Alfonzo Williams, Henning, Tennessee, Pro se.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; and William L. Gibbons, District Attorney
General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, Alfonzo Williams, appeals the post-conviction court's
summary dismissal of his petition for post-conviction relief, alleging
that the post-conviction court erroneously found that his petition was
barred by the statute of limitations.  Upon our review of the record
and the parties' briefs, we reverse the post-conviction court's
summary dismissal of the petition and remand for further proceedings
consistent with this opinion.

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

JOE BOBBY YARBRO v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Stephen David Scofield, Dyersburg, Tennessee, for the appellant, Joe
Bobby Yarbro.

Paul G. Summers, Attorney General & Reporter; Rachel E. Willis,
Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: GLENN

First Paragraph:

The Petitioner, Joe Bobby Yarbro, appeals the trial court's denial of
his petition for post- conviction relief.  The State has filed a
motion requesting that this Court affirm the trial court's denial of
relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. 
Because the petition for post-conviction relief is time-barred by the
statute of limitations, we grant the State's motion and affirm the
judgment of the lower court.

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

Drug Testing as a Condition of Pre-trial Release on Bail

Date: October 13, 2004

Opinion Number: 04-155

http://www.tba.org/tba_files/AG/2004/op155.pdf

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