LawTech 2005
April 14 - Tennessee Bar Center, Nashville

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Today's Opinions: April 4, 2005
Volume 11 — Number 062
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.
00 New Opinion(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
03 New Opinion(s) from the Tennessee Court of Appeals
02 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 or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi.

Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. • Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. • 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


CYNTHIA L. BOTTS v. STATE OF TENNESSEE

Court:TSC - Workers Comp Panel

Attorneys:                          

Scott Kirk, Jackson, Tennessee, for the appellant, Cynthia L. Botts

Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; and Pamela S. Lorch, Senior Council, Nashville,
Tennessee, for the appellee, State of Tennessee

Judge: TURNBULL

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tennessee Code Annotated Section 50-6-225(e)(3) for hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law.  The Commissioner determined that the employee had suffered a
carpal tunnel injury requiring surgery, that notice was excused, and
that employee retained a permanent disability to the left third finger
of fifty (50%) percent, and the left second finger of thirty (30%)
percent.  Employee appeals, insisting that the Commissioner erred in
not making the permanent disability award to both arms.  The employer
appeals the finding that notice was excused.  We find that the
evidence preponderates in favor of the trial court's finding that
notice was excused, but that the evidence preponderates against
limiting the disability to the fingers of the left hand for this
carpal tunnel injury.  Instead, we find the employee has suffered a
permanent partial disability to the left arm in the amount of thirty
(30%) percent.  Judgment of the Claims Commission affirmed in part and
modified.

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

JACQUELINE YARBROUGH v. ACH FOODS

Court:TSC - Workers Comp Panel

Attorneys:                          

Alex C. Elder, Memphis, Tennessee, for the appellant, ACH Foods

T. J. Emison, Jr., Alamo, Tennessee, for the appellee, Jacqueline
Yarbrough

Judge: LOSER

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.  In this
appeal, the employer insists the trial court erred (1) in awarding
temporary total disability benefits, (2) in finding the employee
suffered an injury by accident, and (3) in awarding permanent partial
disability benefits based on 25 percent to the body as a whole.  As
discussed below, the panel has concluded the judgment should modified
by omitting the award of temporary total disability benefits.

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

JOYCE MARIE BRASHER v. DONNY GENE BRASHER

Court:TCA

Attorneys:                          

Ricky L. Wood of Parsons, Tennessee, For Appellant, Donny Gene Brasher

Mary Jo Middlebrooks and Betty Stafford Scott of Jackson, Tennessee,
For Appellee, Joyce Marie Brasher

Judge: CRAWFORD

First Paragraph:

This is a child support case.  Father/Appellant seeks reversal of the
amount of child support arrearage set by the trial court and relief
from the trial court's award of attorney's fees and costs to
Mother/Appellee.  The trial court's calculation of arrearage is based
upon a trial exhibit that is not in keeping with the governing orders
of support.  Consequently, the calculation constitutes a retroactive
modification of support, which is disallowed under T.C.A. S
36-5-101(a)(5).  We reverse in part, affirm in part, and remand.

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

PATRICIA LYNN FINGER v. JAMES GANG AMUSEMENTS

Court:TCA

Attorneys:                          

Dan Channing Stanley, Knoxville, Tennessee, for appellant.

Donald D. Howell and Richard T. Scrugham, Jr., Knoxville, Tennessee,
for appellee.

Judge: FRANKS

First Paragraph:

Plaintiff's action against defendant for the negligent hiring of the
perpetrator of a crime against plaintiff was dismissed by the Trial
Judge on a directed verdict at the end of plaintiff's proof.  We
affirm

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

STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES V. JCG, IN THE
MATTER OF BJG, A Child Under Eighteen (18) Years of Age

Court:TCA

Attorneys:                          

Steve McEwen, Mountain City, Tennessee, for appellant.

Paul G. Summers, Attorney General and Reporter, and Elizabeth C.
Driver, Assistant Attorney General, Nashville, Tennessee, for
appellee.

Judge: FRANKS

First Paragraph:

The Trial Court terminated the father's parental rights on several
statutory grounds.  On appeal, we affirm.

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

STATE OF TENNESSEE v. BARBARA ANN BRYANT a/k/a BARBARA ANN FAYNE

Court:TCCA

Attorneys:                          

Frank Deslauriers, Covington, Tennessee, for the Appellant, Barbara
Ann Bryant a/k/a Barbara Ann Fayne.

Paul G. Summers, Attorney General & Reporter; David E. Coenen,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; and Colin Campbell, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The defendant, Barbara Ann Bryant, appeals the sentencing judgment of
the Tipton County Circuit Court, which resulted in an effective
33-year incarcerative sentence for vehicular homicide and vehicular
assault.  We affirm.

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

RICKY RAY REED, JR. v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

J. Barney Witherington, IV, Covington, Tennessee, for the Appellant,
Ricky Ray Reed, Jr.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; and J. Walter Freeland, Assistant District Attorney General,
for the Appellee, State of Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Ricky Ray Reed, Jr., appeals the judgment of  the
Tipton County Circuit Court denying his petition for post-conviction
relief.  Reed collaterally challenges his jury conviction for second
degree murder.  On appeal, Reed argues that trial counsel's failure to
pursue an insanity defense constituted ineffective assistance of
counsel.  After review of the record, we affirm the denial of
post-conviction relief.

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

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