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New Developments in Workers' Comp Law

Discover all of the recent developments in workers' compensation law in Tennessee ų both in the courts and in the legislature ų in a new course developed by Virginia Mayo, editor of Tennessee Attorneys Memo and Tennessee Workers' Comp Reporter.

http://www.tnbaru.com/coursecatalog.php

  
TODAY'S OPINIONS: Monday, November 07, 2005
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 - TN Supreme Court
00 - TN Worker's Comp Appeals
01 - TN Supreme Court - Rules
02 - TN Court of Appeals
03 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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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

SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS

Court: TSC-Rules

http://www.tba.org/tba_files/TSC_Rules/2005/certlist110705.pdf

IN THE MATTER OF THE ESTATE OF NOAH THOMAS GREENE, DECEASEDCECILIA GREENE v. THE ESTATE OF NOAH THOMAS GREENE

Court: TCA

Attorneys:

James S. Strickland, Jr., Memphis, TN, for Appellant

Edward T. Autry, Memphis, TN, for Appellee

Judge: HIGHERS

In this appeal, we are asked to review the probate court‚s decision regarding a motion by adecedent‚s estate to hold the decedent‚s wife liable for conversion of an automobile. The decedent‚s wife asserted that the automobile was a gift inter vivos from her late husband. Theprobate court determined that ownership of the automobile rested with the decedent at the time of his death. The decedent‚s wife filed an appeal to this Court. We affirm.

http://www.tba.org/tba_files/TCA/2005/greenen110705.pdf


MIRACLE KAA NICHOLS v. JAMES VIRGIL NICHOLS, JR.

Court: TCA

Attorneys:

Jerrold L. Becker and Samuel W. Brown, Knoxville, Tennessee, for the Appellant, James Virgil Nichols, Jr.

Kimberlee A. Waterhouse, Lenoir City, Tennessee, for the Appellee, Miracle Kaa Nichols.

Judge: SWINEY

In July of 2002, Miracle Kaa Nichols („Wifeš) sued James Virgil Nichols, Jr. („Husbandš) for divorce. The case was tried and a Final Decree was entered in September of 2004 awarding, inter alia, Wife a divorce, and finding and holding that the real property located at 24766 Martel Road in Lenoir City, Tennessee („the Farmš) was marital property and should be divided with each party to receive „one-half the value of the land and mobile home.š Husband appeals claiming that the Trial Court erred in classifying the Farm as marital property, or, in the alternative, that the Trial Court erred by failing to dividedivision. We affirm.

http://www.tba.org/tba_files/TCA/2005/nicholsm110705.pdf


TORRIS BENSON v. GLEN TURNER, Warden

Court: TCCA

Attorneys:

Joe H. Walker, District Public Defender, and Walter B. Johnson, II, Assistant Public Defender, for the appellant, Torris Benson.

Paul G. Summers, Attorney General and Reporter, and John H. Bledsoe, Assistant Attorney General, for the appellee, State of Tennessee.

Judge: GLENN

The petitioner, Torris Benson, was convicted in 1987 of robbery and aggravated assault and sentenced to life in prison as a habitual criminal. In a pro se petition for writ of habeas corpus, he claimed his habitual criminal sentence is illegal and void because the prior judgments on which the sentence was based were unsigned. The trial court dismissed the petition, and this timely appeal followed. Following our review, we affirm the dismissal.

http://www.tba.org/tba_files/TCCA/2005/bensont110705.pdf


STATE OF TENNESSEE v. SHAWN PEELE

Court: TCCA

Attorneys:

Jesse W. Dalton, III, Memphis, Tennessee, for the Appellant, Shawn Peele.

Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; William L. Gibbons, District Attorney General; and Michael Davis, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: HAYES

The Appellant, Shawn Peele, appeals the sentencing decision of the Shelby County Criminal Court. Peele pled guilty to facilitating aggravated robbery, a Class C felony, and was sentenced as a Range I offender to three years incarceration. On appeal, Peele argues that the trial court erred in denying a suspended sentence. After review of the record, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/2005/peeles110705.pdf


STATE OF TENNESSEE v. JEFFREY LEE SCALES

Court: TCCA

Attorneys:

Jeffery T. Washburn, Dresden, Tennessee, for the appellant, Jeffrey Lee Scales.

Paul G. Summers, Attorney General & Reporter; Blind Akrawi, Assistant Attorney General; Thomas A. Thomas, District Attorney General; and James T. Cannon, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

This is a direct appeal as of right from convictions on a jury verdict for burglary and theft of property. The Defendant, Jeffrey Lee Scales, was sentenced to concurrent sentences of four years for his Class D felony burglary conviction and two years for his Class E felony theft conviction. On appeal, the Defendant argues only one issue: there is insufficient evidence to find him guilty beyond a reasonable doubt of the two offenses for which he was convicted. We affirm the judgments of the trial court.

http://www.tba.org/tba_files/TCCA/2005/scalesj110705.pdf


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