TBALink Opinion-Flash

February 13, 1996 -- Volume #2 -- Number #16 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 : 5
New Opinons From TCCA : 5
New Opinons From AG : Pending

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Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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