-
TBALink Opinion-Flash
December 05, 1996 -- Volume #2 -- Number #110
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.
- This Issue IN THIS ORDER:
- 00-New Opinons From TSC
- 01-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 06-New Opinons From TCA
- 03-New Opinons From TCCA
- 00-New Opinons From TSC
There are three ways to get the full opinion from the Web: (TBALink members only)
- 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.
- *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original
WP 6.0 document. version of the opinion.
- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
George Dean
TBALink Chief Editor
AMENDMENT TO RULE 11, RULES OF THE SUPREME COURT OF TENNESSEE SUBSTITUTE JUDGE CONSENT FORM Court:TSC - Rules Judge: BIRCH First Paragraph: Rule 11, Rules of the Tennessee Supreme Court, is hereby amended by adding the following new section: VII. Courts to be Open; Substitute Judges. URL:http://www.tba.org/tba_files/TSC_Rules/RUL11AMD_ORD.WP6 URL:http://www.tba.org/tba_files/TSC_Rules/RUL11AMD_FRM.WP6
CYNTHIA ALBRIGHT
vs.
JOSEPH L. MERCER, III
Court:TCA
ATTORNEY FOR DEFENDANT/APPELLANT ATTORNEY FOR PLAINTIFF/APPELLEE
KEITH JORDAN, ESQ. R. E. LEE DAVIES
227 Second Avenue North Hartzog, Silva & Davies
Suite 360-M 123 Fifth Avenue North
Nashville, Tennessee 37201 P.O. Box 664
Franklin, Tennessee 37065-0664
Judge: LEWIS
First Paragraph:
This is an appeal by defendant/appellant, Joseph L. Mercer, III, from
a decision of the Chancery Court for Williamson County awarding
plaintiff/appellee, Cynthia Albright, attorney's fees of $1,000.00.
AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/ALBRIGHT_OPN.WP6
ELIZABETH ANN BOUTIN
vs.
FRANCIS JOHN BOUTIN
Court:TCA
For the Plaintiff/Appellee: For the Defendant/Appellant:
Virginia Lee Story Ewing Sellers
Franklin, Tennessee SMITH & SELLERS
Murfreesboro, Tennessee
Judge: KOCH
First Paragraph:
This appeal involves a provision in a marital dissolution agreement
requiring the father to prepay his child support. Upon discovering
that one of his children had decided not to complete high school, the
father stopped paying the agreed amount of child support and filed a
petition to terminate his child support obligation on the ground that
the prepayment agreement was premised on the children's continued
enrollment in high school. The Chancery Court for Williamson County
denied the petition, and the father perfected this appeal. We have
determined that the trial court correctly enforced the amended marital
dissolution agreement and accordingly affirm the judgment as modified
herein.
URL:http://www.tba.org/tba_files/TCA/BOUTIN_OPN.WP6
JOHNNY L. BUTLER
VS.
STATE OF TENNESSEE
Court:TCA
FOR THE APPELLANT: FOR THE APPELLEE:
JOHNNY L. BUTLER, pro se CHARLES W. BURSON
F.R.N. 12790-076 Attorney General & Reporter
USP Box PMB
Atlanta, GA 30315 ELLEN H. POLLACK
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
JOHN W. PIEROTTI
District Attorney General
C. ALANDA HORNE
Asst. District Attorney General
201 Poplar, Suite 301
Memphis, TN 38103-1947
Judge: PEAY
First Paragraph:
The petitioner, who is serving a sentence for a federal court
conviction, has filed two petitions attacking prior state convictions
which were used to enhance the sentence for the federal conviction.
These two petitions, called petitions for the writ of coram nobis or
for habeas corpus, were dismissed by the trial court without a hearing
on the basis that they were actually petitions for post-conviction
relief and barred by the statute of limitations. We agree with the
trial court.
URL:http://www.tba.org/tba_files/TCA/BUTLERJL_OPN.WP6
COLEMILL ENTERPRISES, INC.,
vs.
JOE HUDDLESTON, Commissioner of
Tennessee Department of Revenue
Court:TCA
ATTORNEY FOR PLAINTIFF/APPELLANT ATTORNEYS FOR DEFENDANT/APPELLEE
RICHARD L. COLBERT CHARLES W. BURSON
Cornelius & Collins Attorney General and Reporter
Suite 2700
Nashville City Center STEVEN M. RODERICK
511 Union Street Assistant Attorney General
P. O. Box 190695 Attorney General's Office
Nashville, TN 37219 Tax Division
404 James Robertson Parkway
Suite 2121
Nashville, TN 37243-0489
Judge: LEWIS
First Paragraph:
This is an appeal by plaintiff/appellant, Colemill Enterprises, Inc.
("Colemill"), from a decision of the chancery court which affirmed the
determination of defendant/appellee, Joe Huddleston, Commissioner of
the Tennessee Department of Revenue ("Commissioner"), that Colemill
owed certain state and local sales and use taxes.
URL:http://www.tba.org/tba_files/TCA/COLEMILL_OPN.WP6
ALLEN D. CURTIS
and
CAROLYN JUNE CURTIS
vs.
WILLIAM M. RICE, and
RICE & PAPUCHIS CONSTRUCTION
COMPANY, INC.
Court:TCA
ATTORNEY FOR PLAINTIFF/APPELLANT ATTORNEY FOR DEFENDANTS/APPELLEES
JERRY C. SHELTON JAMES C. BRADSHAW, III
Lyell, Seaman & Shelton Wyatt, Tarrant & Combs
611 Commerce Street, Suite 2704 313 East Main Street, Suite 1
Nashville, TN 37203 Hendersonville, TN 37075
ATTORNEY FOR INTERVENING PLAINTIFF/APPELLANT
CLINTON L. KELLY
Kelly and Kelly
629 East Main Street
Hendersonville, TN 37075
Judge: LEWIS
First Paragraph:
This is an appeal by plaintiffs/appellants, Allen D. Curtis and his
wife, Carolyn June Curtis, from a decision of the chancery court which
dissolved the partnership formed between Curtis and
defendant/appellee, William M. Rice, and which distributed the
partnership's assets. REVERSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/CURTISAD_OPN.WP6
FREDDIE LEE JONES
VS.
MICHAEL C. GREENE, COMMISSIONER,
TENNESSEE DEPARTMENT OF SAFETY
Court:TCA
For the Plaintiff/Appellant: For the Defendant/Appellee:
E.E. Edwards, III Charles W. Burson
James A. Simmons Attorney General and Reporter
Nashville, Tennessee
Rebecca Lyford
Counsel to the State
Nashville, Tennessee
Judge: KOCH
First Paragraph:
This appeal involves over $45,000 seized during the search of a house
in Memphis for illegal drugs. After the Commissioner of Safety
ordered the forfeiture of the money, the person claiming the funds
filed a petition for review in the Chancery Court for Davidson County
asserting that the forfeiture statutes deprived him of his
constitutional right to a jury trial and violated the Equal Protection
and Due Process Clauses of the United States and Tennessee
Constitutions. The trial court upheld the forfeiture statutes and the
forfeiture, and this appeal followed. We have determined that
Tennessee's forfeiture statutes are constitutional and that the record
contains substantial and material evidence supporting the
commissioner's forfeiture order. Accordingly, we affirm the judgment.
URL:http://www.tba.org/tba_files/TCA/JONESFL_OPN.WP6
STATE OF TENNESSEE
VS.
RUSSELL A. BURRIS
Court:TCCA
ROBERT T. VAUGHN CHARLES W. BURSON
-and- Attorney General & Reporter
JOHN B. BLAIR, III
176 Second Ave. N., Ste. 406 DARIAN B. TAYLOR
Nashville, TN 37201 Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
RANDALL NICHOLS
District Attorney General
ROBERT L. JOLLEY, JR.
Asst. District Attorney General
City-County Bldg.
Knoxville, TN 37902
Judge: PEAY
First Paragraph:
The defendant pled guilty in 1995 to voluntary manslaughter for
killing the victim in 1980. After a hearing he was sentenced to an
indeterminate sentence of four to ten years, the first thirty days to
be served in county jail, the next five months on work release, and
the remaining nine years and six months on probation. As a condition
of probation, the court below ordered the defendant to pay restitution
of approximately ninety five thousand dollars ($95,000). In this
appeal as of right, the defendant challenges the sentencing court's
order of restitution. The State contends that the defendant was
improperly sentenced to split confinement. Because we find the
defendant's sentence to be illegal, we remand this matter for
resentencing.
URL:http://www.tba.org/tba_files/TCCA/BURRISRA_OPN.WP6
TIM DENTON
vs.
STATE OF TENNESSEE
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
William Leibrock Charles W. Burson
339 Main Street Attorney General & Reporter
Newport, TN 37821
Christina S. Shevalier
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Alfred C. Schmutzer, Jr.
District Attorney General
James B. Dunn
and
Richard Vance
Asst. Dist. Attorneys General
339A East Main Street
Newport, TN 37821
Judge: BURCH
First Paragraph:
Following a jury trial, Appellant was convicted of the crimes of
aggravated rape, aggravated kidnapping and armed robbery. Co-
defendant Wiley was convicted of aggravated rape and aggravated
kidnapping. Two other co-defendants were acquitted of all charges.
The convictions of Appellant and Wiley were affirmed on appeal.
URL:http://www.tba.org/tba_files/TCCA/DENTONT_OPN.WP6
STATE OF TENNESSEE
VS.
RALPH NELMS
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Larry R. Dillow Charles W. Burson
Attorney at Law Attorney General & Reporter
421 E. Market Street
P.O. Box 3886 Hunt S. Brown
Kingsport, TN 37664 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
H. Greeley Wells, Jr.
District Attorney General
David Overbay
Asst. Dist. Attorney General
P.O. Box 526
Blountville, TN 37617-0526
Judge: SUMMERS
First Paragraph:
The appellant, Ralph Nelms, was indicted for multiple counts of
selling cocaine, possession of cocaine, possession of marijuana, and
possession of drug paraphernalia. Following a summary administrative
forfeiture, he moved the trial court to dismiss his criminal charges.
He argued that the double jeopardy clause prohibited further criminal
prosecution. The trial judge denied the motion. The appellant's
request for an interlocutory appeal was denied. The case is before us
on extraordinary appeal. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/NELMSRLP_OPN.WP6
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank
© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: