TBALink Opinion-Flash

January 18, 1996 -- Volume #2 -- Number #05 Opinion-Flash

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts and the TN Attorney General.

This Issue:
New Opinons From TSC : 0
New Opinons From TCA : 4
New Opinons From TCCA : 5
New Opinons From AG : Pending

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Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

Document Name  :JACKSON.OPN.WP6
Court          :TCA


JOSEPH C. WILSON, III, OF CHATTANOOGA 
FOR APPELLANTS JAMES G. HAYES 
and STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY

LEX A. COLEMAN OF CHATTANOOGA 
FOR APPELLEES THOMAS H. JACKSON, JR., 
BEVERLY V. JACKSON, ROBIN LYNN JACKSON, 
PEGGY ROSE, STACIE R. HENRY, 
and APPELLEE/CROSS-APPELLANT ALLSTATE INSURANCE COMPANY

                        
First Paragraph:

James G. Hayes and State Farm Mutual Automobile Insurance
Company appeal a judgment of the Hamilton County Chancery
Court which provided in part the following:

URL:http://www.tba.org/tba_files/TCA/JACKSON.OPN.WP6
Opinion-Flash

Document Name  :NIELSEN.OPN.WP6
Court          :TCA


ROBERT R. SIMPSON and SARAH SWANSON HIGGINS 
OF KNOXVILLE FOR APPELLANT

JOHN T. O'CONNOR OF KNOXVILLE FOR APPELLEE

                        
First Paragraph:

The Appellant, Julia Wilson Nielsen (now Sexton) appeals a
judgment of the Knox County Circuit Court amending a
custodial agreement so as to award sole custody of her son
to her former husband, Jan Peter Nielsen, the Appellee. 
Specifically, the Appellant asserts that the Trial Judge
erred by failing to grant her motion for continuance by
excluding both parties from the courtroom during the
testimony of the Court's expert, by enjoining both parties
from reading the expert's report, and by failing to recuse
himself due to his relationship with the professional group
of the expert appointed by the Court.

URL:http://www.tba.org/tba_files/TCA/NIELSEN.OPN.WP6
Opinion-Flash

Document Name  :WEBER.OPN.WP6
Court          :TCA


GAIL O. MATHES
Memphis, Tennessee
Attorney for Plaintiff/Appellant

RICHARD H. ALLEN, JR.
ALLEN, SCRUGGS, SOSSAMAN
& THOMPSON, P.C.
Memphis, Tennessee
Attorney for Defendants/Appellees

                        
First Paragraph:

Plaintiff-Appellant Blake Weber brought suit against the
Defendants-Appellees, Jack Moses and Jefferson Pilot Life
Insurance Company ("Jefferson Pilot"), alleging that he was
unlawfully discharged due to his refusal to participate in
Appellee Jefferson Pilot's illegal employment practices. 
The chancellor dismissed Appellant's suit, stating that his
cause of action was barred by the applicable one year
statute of limitations.  Weber appeals the lower court's
dismissal of his Complaint.

URL:http://www.tba.org/tba_files/TCA/WEBER.OPN.WP6
Opinion-Flash

Document Name  :WEBER.DIS.WP6
Court          :TCA


Attorneys: See Above

                        
First Paragraph:

I must respectfully dissent.  Plaintiff was employed as
defendant's sales manager pursuant to a written contract
which, with respect to termination, provides: (a) This
contract may be terminated on written notice by either
party, or at any time in the event the sales manager
becomes disabled as determined by the company.  Disability
for this purpose is the inability of the sales manager due
to sickness or injury to perform all of the duties of the
sales manager as described in the contract.  This contract
shall terminate immediately upon the death of the sales
manager, upon discontinuance of the company's operation,
either by withdrawal or otherwise, and the territory
assigned to the sales manager, or by mutual consent of the
parties in writing, and shall, in any case, terminate on
the effective date of the sales manager's retirement.

URL:http://www.tba.org/tba_files/TCA/WEBER.DIS.WP6
Opinion-Flash

Document Name  :CONNORS.OPN.WP6
Court          :TCCA


FOR THE APPELLANT:               FOR THE APPELLEE:


JOHN E. HERBISON                CHARLES W. BURSON
2016 Eighth Ave., South         Attorney General & Reporter
Nashville, TN  37204
(On Appeal)                     ELIZABETH T. RYAN
                                Asst. Attorney General
JOHN PELLIGRIN                  450 James Robertson Pkwy.   
113 East Main St.               Nashville, TN  37243-0493
Gallatin, TN   37066                
(At Trial)                      LAWRENCE RAY WHITLEY
                                District Attorney
            
                                C. WAYNE HYATT                                      
                                Assistant District Attorney
                                113 East Main St.
                                Gallatin, TN   37066

                        
First Paragraph:

The defendant was charged with driving under the influence,
fifth offense; driving on a revoked license, second
offense; and reckless endangerment with a deadly weapon. 
He pled guilty to driving under the influence, second
offense ("DUI"); driving on a revoked license ("DORL"); and
reckless endangerment.

URL:http://www.tba.org/tba_files/TCCA/CONNORS.OPN.WP6
Opinion-Flash

Document Name  :HUNTERFJ.OPN.WP6
Court          :TCCA


FOR THE APPELLANT:          FOR THE APPELLEE:

WILLIAM C. BARNES, JR.      CHARLES W. BURSON
13-14 Public Square         Attorney General and Reporter
P.O. Box 552
Columbia, TN  38402         WILLIAM DAVID BRIDGERS
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN  37243-0493

                            MIKE MCCOWEN
                            District Attorney General

                            WEAKLEY E. BARNARD
                            Assistant District AG
                            Marshall County Courthouse

                        
First Paragraph:

The Defendant appeals as of right pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure from his conviction
of fourth offense of driving under the influence.  He
argues six issues in his appeal.  We affirm the judgment of
the trial court.

URL:http://www.tba.org/tba_files/TCCA/HUNTERFJ.OPN.WP6
Opinion-Flash

Document Name  :MCCLOUD.OPN.WP6
Court          :TCCA


FOR THE APPELLANT:              FOR THE APPELLEE:

David Allen Doyle               Charles W. Burson
District Public Defender        Attorney General & Reporter 

Nancy Myers                     George Linebaugh
Asst. Dist. Public Defender     Counsel for the State
                                Criminal Justice Division

                                Lawrence Ray Whitley
                                District Attorney General

                                Dee Gay
                                Asst. Dist. Attorney General
                                
                        
First Paragraph:

Appellant, John McCloud, appeals the trial court's
revocation of his probation.  We affirm.
Appellant was charged with aggravated burglary and theft
over $1,000.00.  He plead guilty to aggravated trespass of
a habitation and theft under $500.00.  He received
consecutive sentences of 11 months and 29 days.  Both
sentences were suspended and appellant was placed on
supervised probation.  He was also ordered to perform "300
hours of public service work" and pay $ 1,322.00 in
restitution.

URL:http://www.tba.org/tba_files/TCCA/MCCLOUD.OPN.WP6
Opinion-Flash

Document Name  :SANDERSJ.OPN.WP6
Court          :TCCA


For the Appellant:                  For the Appellee:
Charles W. Burson                   Raymond W. Fraley, Jr.
Attorney General and Reporter       P.O. Box 572
                                    Fayetteville, TN 37334
William David Bridgers
Assistant Attorney General

William Michael McCown
District Attorney General

Weakley E. Barnard
Asst. District Attorney General
                        
                        
First Paragraph:

The State of Tennessee appeals from the Marshall County
Criminal Court's order suppressing marijuana seized from
the defendant's vehicle on June 28, 1994.  The State argues
that the trial court erroneously concluded that law
enforcement officers' stop of the defendant was unlawful. 
We affirm the ruling of the trial court.

URL:http://www.tba.org/tba_files/TCCA/SANDERSJ.OPN.WP6
Opinion-Flash

Document Name  :VAUGHN.OPN.WP6
Court          :TCCA


FOR THE APPELLANT:          FOR THE APPELLEE:

Michael D. Galligan         Charles W. Burson
Attorney at Law             Attorney General & Reporter
308 West Main Street        450 James Robertson Parkway
McMinnville, TN 37110       Nashville, TN 37243-0493

                            Michelle L. Lehmann
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37343-0493

                            William E. Gibson 
                            District Attorney General
                            145 Jefferson Avenue, South
                            Cookeville, TN 38501-3424

                            Lillie Ann Sells
                            Asst District Attorney General
                            145 Jefferson Avenue, South
                            Cookeville, TN 38501-3424

                        
First Paragraph:

The appellant, Charlie Vaughn, entered a plea of guilty to
the offense of theft in excess of $10,000, a Class C
felony.  The trial court found that the appellant was a
standard offender and imposed a Range I sentence of
confinement for four (4) years in the Department of
Correction.  The appellant's request for an alternative
sentence was denied.

URL:http://www.tba.org/tba_files/TCCA/VAUGHN.OPN.WP6
Opinion-Flash

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