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TBALink Opinion-Flash
February 13, 1996 -- Volume #2 -- Number #16
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 : 5
- New Opinons From TCCA : 5
- New Opinons From AG : Pending
- New Opinons From TCA : 5
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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.
Jim Moore
TBALink Co-Chief Editor
AMALIA DEUS, M.D., v. HAROLD NEVELS, M.D., RUPERT A. FRANCIS, M.D., and MEHARRY MEDICAL COLLEGE, a Division of George W. Hubbard Hospital, Court:TCA CHARLES HAMPTON WHITE CORNELIUS & COLLINS Nashville, Tennessee 37219 Attorney for Plaintiff/Appellant C. HAYES COONEY WATKINS, McGUGIN, McNEILLY & ROWAN Nashville, Tennessee 37201 Attorney for Defendants/Appellees First Paragraph: The only question raised on this appeal is whether Meharry Medical College breached its contract with a medical postgraduate student when it discharged her in March of 1993. The Chancery Court of Davidson County dismissed the complaint, finding that at the time of her discharge the plaintiff did not have a contract for a definite term. We reverse. URL:http://www.tba.org/tba_files/TCA/DEUS.OPN.WP6
WILLIAM STOKLEY DONELSON, II, v. NANCY DRAKE DONELSON,
Court:TCA
WILLIAM STOKLEY DONELSON, II
Nashville, Tennessee 37221
ATTORNEY FOR RESPONDENT/APPELLEE
CHARLES GALBREATH
Nashville, Tennessee 37201
ATTORNEY FOR PETITIONER/APPELLANT
First Paragraph:
The sole issue in this appeal is whether the trial court
awarded petitioner/appellant's attorney a reasonable
attorney's fee.
URL:http://www.tba.org/tba_files/TCA/DONELSON.OPN.WP6
FRANKLIN SHANE HALSTEAD,
v.
NILES-BOLTON ASSOCIATES; DEREK BARTON COMPANY, INC.; DEREK
BARTON COMPANY, INC., d/b/a DEREK BARTON TENNIS COURTS; and
DEREK BARTON TENNIS COURTS,
Court:TCA
For Plaintiff/Appellant: For Defendants/Appellees:
Daniel L. Clayton Raymond D. Lackey
Kinnard & Clayton Smith, Lackey, McHale
Nashville, Tennessee & Whaley
Brentwood, Tennessee
First Paragraph:
This appeal involves a personal injury action in which the
plaintiff sought to file a separate suit against previously
unknown defendants in accordance with Tenn. Code Ann.
20-1-119 (1994). The Fifth Circuit Court for Davidson
County granted the new defendants motions for summary
judgment on the ground that the complaint was filed one day
late. The plaintiff asserts on this appeal that the trial
court erred by failing to extend the time for filing his
amended complaint by three days in accordance with Tenn. R.
Civ. P. 6.05. We have determined that Tenn. R. Civ. P.
6.05 does not extend the deadline for taking the actions
required by Tenn. Code Ann. 20 1-119 and, therefore,
affirm the trial court.
URL:http://www.tba.org/tba_files/TCA/HALSTEAD.OPN.WP6
IN RE:ESTATE OF JESSIE HANEY, DECEASED. MABLE YOUNG, ET AL,
V.
ARLENE BUSH, Individually, and as Executor under the Will of
Jessie Haney,
And CONCURRING OPINION
Court:TCA
James L. Bass
BASS AND BASS
Carthage, Tennessee 37030
ATTORNEY FOR PLAINTIFFS/APPELLANTS
BOBBY JAMES ELLIS
Gainesboro, Tennessee 38562
ATTORNEY FOR DEFENDANT/APPELLEE
First Paragraph:
This is a will contest in which the contestants have
appealed from a jury verdict and judgment in favor of the
will.
URL:http://www.tba.org/tba_files/TCA/YOUNG.OPN.WP6
URL:http://www.tba.org/tba_files/TCA/YOUNG.CON.WP6
STATE OF TENNESSEE, v. MICHAEL DEAN BUSH,
Court:TCCA
For the Appellant: For the Appellee:
Martelia T. Crawford Charles W. Burson
Cookeville, TN Attorney General/Reporter
(ON APPEAL/TRIAL)
Amy L. Tarkington
Assistant Attorney General
Richard McGee
Nashville, TN 37201
(ON APPEAL) William Edward Gibson
District Attorney General
J. H. Reneau III Owen G. Burnett
Rt 3, Box 165 John A. Moore
Celina, TN 38551 Lillie Ann Sells
(AT TRIAL) Asst. District AG
David A. Patterson
Asst. District AG
First Paragraph:
The appellant, Michael Bush, appeals as of right from a
judgment of conviction and sentence of death for first
degree murder and a judgment of conviction for first degree
burglary. The appellant raises the following issues for
our review:
URL:http://www.tba.org/tba_files/TCCA/BUSHMICH.OPN.WP6
STATE OF TENNESSEE, v MICHAEL EUGENE DUFF,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Leslie M. Jeffress Charles W. Burson
Knoxville, Tennessee Attorney General / Reporter
(Appeal only) Nashville, Tennessee
Christina S. Shevalier
William Talman Assistant Attorney General
Knoxville, Tennessee Nashville, Tennessee
(Trial Only)
Randall E. Nichols
Martha Weems District Attorney General
3105 Alcoa Highway
Knoxville, Tennessee 37920 Greg Harrison
(Trial only) Assistant Attorney General
Leon Franks
Assistant Attorney General
First Paragraph:
The appellant, Michael Eugene Duff, was indicted by a Knox
County Grand Jury for five counts of aggravated rape, one
count of especially aggravated kidnapping, and four counts
of aggravated kidnapping. He was found guilty by a Knox
County jury of two counts of aggravated rape and one count
of especially aggravated kidnapping. He was acquitted of
the remaining counts of the indictment. The trial court
sentenced the appellant to twenty-five years on each
conviction as a Range I offender. The sentences were
ordered to be served consecutively for an aggregate term of
seventy-five years.
URL:http://www.tba.org/tba_files/TCCA/DUFF.OPN.WP6
DEWEY SCOTT FRAZIER v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
DEWEY SCOTT FRAZIER, CHARLES W. BURSON
pro se Attorney General and Reporter
#79977
P. O. Box 5000
Mountain City, TN CLINTON J. MORGAN
Assistant Attorney General
GREELEY WELLS
District Attorney General
BARRY P. STAUBUS
Assistant District Attorney
First Paragraph:
In this pro se case the Appellant, Dewey Scott Frazier,
appeals the summary dismissal of the latest in a long line
of post-conviction relief petitions filed by Appellant.
The trial court dismissed the petition as barred under the
three year statute of limitations in Tenn. Code Ann.
40-30-102 and on waiver grounds. See Tenn. Code Ann.
40-30-112. Because the petition fails to present any
legitimate exception to the statute of limitations for
post-conviction petitions, we affirm the dismissal.
URL:http://www.tba.org/tba_files/TCCA/FRAZIERD.OP.WP6
STATE OF TENNESSEE v.CHARLES N. HOWELL
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Raymond A. Shirley, Jr. Charles W. Burson
Attorney at Law Attorney General
Knoxville, TN
Jennifer L. Smith
Assistant Attorney General
Randall E. Nichols
District Attorney General
Michael Nassios
Robert L. Jolley, Jr.
Asst. Dist. Attorneys General
First Paragraph:
The appellant, Charles N. Howell, was indicted for the first
degree murder of his wife, Mozella Howell. Following a
jury trial, he was convicted of the lesser included offense
of second degree murder and sentenced to twenty one years
with the Tennessee Department of Correction as a Range I
standard offender. In this appeal as of right, he raises
the following issues:
URL:http://www.tba.org/tba_files/TCCA/HOWELLCN.OPN.WP6
STATE OF TENNESSEE, v.STEVEN HUGHES,
Court:TCCA
For the Appellant: For the Appellee:
Paul G. Whetstone Charles W. Burson
502 North Jackson St. Attorney General of Tennessee
Morristown, TN 37814 and
Hunt S. Brown
Asst Attorney General of TN
Nashville, TN 37243-0493
Alfred C. Schmutzer, Jr.
District Attorney General
Richard Vance
Asst District Attorney General
First Paragraph:
The defendant, Steven Hughes, was convicted upon guilty
pleas in the Cocke County Circuit Court of four counts of
aggravated robbery, a Class B felony, and two counts of
aggravated assault, a Class C felony. He received a
twenty-year sentence for each aggravated robbery, the
maximum available for a Range II, multiple offender. He
received a fifteen-year sentence for each aggravated
assault, the maximum required for a Range III, career
offender. Save for one aggravated robbery sentence, the
defendant is to serve all of the sentences consecutively,
resulting in an aggregate sentence of ninety years in the
custody of the Department of Correction.
URL:http://www.tba.org/tba_files/TCCA/HUGHESTV.OPN.WP6
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