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.
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STATE OF TENNESSEE v. HAROLD WINTER GRAY Court:TSC For Appellant: For Appellee: B.F. "Jack" Lowery Charles W. Burson Lebanon, TN Attorney General & Reporter Eugene J. Honea Assistant Attorney General Tom P. Thompson, Jr. District Attorney General John D. Wootten, Jr. Assistant District Attorney General First Paragraph: On September 15, 1992, a Wilson County grand jury indicted Harold Winter Gray, the defendant, upon a single charge of carnal knowledge of a female under the age of twelve. The indictment alleged that the offense occurred in the early months of 1950. URL:http://www.tba.org/tba_files/TSC/GRAY.OPN.WP6 SUSIE P. HENLEY and KENNETH HENLEY v. LEWIS LATANE COBB, JR., Court:TSC For Plaintiffs-Appellants: For Defendant-Appellee: W. Mark Ward Jerry D. Kizer, Jr. Memphis, Tennessee Dale Conder, Jr. Rainey, Kizer, Butler, Reed L. Malkin Reviere & Bell, P.L.C. Memphis, Tennessee Jackson, Tennessee First Paragraph: In this personal injury case, the plaintiffs, Susie and Kenneth Henley, appeal from the Court of Appeals' affirmance of the summary judgment granted in favor of the defendant, Lewis Cobb, on statute of limitations grounds. This case presents one issue for our determination: whether the plaintiffs are entitled to the benefit of the "saving statute," Tenn. Code Ann. 28-1-105, so as to avoid the statute of limitations bar under the facts of this case. URL:http://www.tba.org/tba_files/TSC/HENLEY.OPN.WP6 MODEL CODE OF JUDICIAL CONDUCT Court:TSC ATTORNEY: N/A First Paragraph: PREAMBLE Our legal system is based on the principle that an independent, fair and competent judiciary will interpret and apply the laws that govern us. The role of the judiciary is central to American concepts of justice and the rule of law. Intrinsic to all sections of this Code are the precepts that judges, individually and collectively, must respect and honor the judicial office as a public trust and strive to enhance and maintain confidence in our legal system. The judge is an arbiter of facts and law for the resolution of disputes and a highly visible symbol of government under the rule of law. URL:http://www.tba.org/tba_files/TSC/MODELJC.REV.WP6 STATE OF TENNESSEE, v. TRACIE REEVES, and CONCURRING AND DISSENTING OPINION Court:TSC For Plaintiff-Appellee: For Defendant-Appellant: Charles W. Burson Raymond L. Ivey Attorney General & Reporter Ivey, Parish & Johns Michael E. Moore Solicitor General Michael J. Fahey, II Assistant Attorney General Guss Radford District Attorney General Eleanor Cahill Assistant District Attorney General First Paragraph: The defendant, Tracie Reeves, appeals from the Court of Appeals' affirmance of the trial court's order designating her a delinquent child. The trial court's delinquency order, which was entered following a jury trial, was based on the jury's finding that the defendant had attempted to commit second degree murder -- a violation of Tenn Code Ann. 39-12-101. The specific issue for our determination is whether the defendant's actions constitute a "substantial step," under 39-12-101(a)(3), toward the commission of that crime. For the following reasons, we hold that they do, and therefore affirm the judgment of the Court of Appeals. URL:http://www.tba.org/tba_files/TSC/REEVES.OPN.WP6 URL:http://www.tba.org/tba_files/TSC/REEVES.DIS.WP6 IN RE: AMENDMENT TO THE CODE OF JUDICIAL CONDUCT, RULE 10, RULES OF THE SUPREME COURT OF TENNESSEE Court:TSC ATTORNEY: N/A First Paragraph: In 1990, this Court appointed a Commission to review the 1990 Model Code of Judicial Conduct adopted by the House of Delegates of the American Bar Association. After study, the commission published for public comment its draft proposal in November of 1993. The Commission recommended adoption of the Model Code with certain modifications. In addition, the draft proposal was submitted to the Tennessee Judicial Conference for discussion. URL:http://www.tba.org/tba_files/TSC/RULE10.ORD.WP6 TANISHA LYNETTE RODDY and JANET L. RODDY v. VOLUNTEER MEDICAL CLINIC, INC., and EDGAR PERRY, M.D. Court:TCA R. D. HASH, OF MARYVILLE, TENNESSEE, FOR APPELLANTS JOHN K. HARBER, WITH PRYOR, FLYNN, PRIEST & HARBER, OF KNOXVILLE, TENNESSEE, FOR APPELLEE VOLUNTEER MEDICAL CLINIC, INC. EDWARD G. WHITE, II, and WAYNE A. KLINE, OF KNOXVILLE, TENNESSEE, FOR APPELLEE DR. EDGAR PERRY First Paragraph: The Plaintiffs have appealed from a summary judgment for the Defendants in Plaintiffs' suit alleging medical malpractice by the Defendants. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/26RODDY.OPN.WP6 ADAMS TV OF MEMPHIS, INC., Licensee of WHBQ-TV v. INTERNATIONAL BROTHERHOOD OF ELECTRICAL WORKERS, AFL-CIO, LOCAL 474 and BERNARD LILTON, Court:TCA GARY K. SMITH and ARCHIE K. SANDERS, Shuttleworth, Smith, McNabb & Williams, Memphis, Attorneys for Appellants DAN M. NORWOOD and JAMES R. BECKER, JR., Norwood, Phillips, Deboo, Howard & Grubb, Memphis, Attorneys for Appellees. First Paragraph: Adams TV of Memphis, Inc. (plaintiff) filed suit in the Circuit Court of Shelby County against the International Brotherhood of Electrical Workers, Local 474 (IBEW) and Bernard Lilton (defendant) seeking to have that court vacate an arbitration award that reinstated Liltons employment with plaintiff after being terminated. The trial court denied plaintiffs application to vacate. URL:http://www.tba.org/tba_files/TCA/ADAMSTV.OPN.WP6 GORDON BURKS, v. BELZ-WILSON PROPERTIES, Court:TCA Mark Ledbetter, Memphis, Tennessee Dan T. Bing, Memphis, Tennessee Attorneys for Plaintiff/Appellant. Joe D. Spicer, Marc O. Dedman, SPICER, FLYNN & RUDSTROM, Memphis, Tennessee Attorney for Defendant/Appellee Pride Construction Company First Paragraph: Appellant, Gordon Burks, (Burks) brought this negligence action against Appellee, Pride Construction Company, Inc., (Pride) and various other defendants, in the Circuit Court of Shelby County. Pride's motion for summary judgment was granted and, from that judgment, Burks appeals. URL:http://www.tba.org/tba_files/TCA/BURKS.OPN.WP6 ANNA KATHLEEN, ACKERMAN LEGGETT, v.TERRY LYLE LEGGETT, Court:TCA DANIEL D. WARLICK, Warlick & Todd, Nashville, Attorney for Defendant/Appellant. GENEVIEVE M. DIX, Memphis, Attorney for Plaintiff/Appellee. First Paragraph: Anna Kathleen Ackerman Leggett (plaintiff) obtained an absolute divorce from Terry Lyle Leggett (defendant) in the Circuit Court of Shelby County based upon a partial consent agreement between the parties. The trial court also divided the marital estate and awarded plaintiff rehabilitative alimony and attorneys fees. The only issue presented on appeal by defendant is the manner of division of defendants retirement pension as part of the marital estate. We find no error and affirm. URL:http://www.tba.org/tba_files/TCA/LEGGETT.OPN.WP6 CITY OF MARYVILLE, v. ROBERT N. EDMONDSON and wife, FRANCES L. EDMONDSON, Court:TCA Roy D. Crawford of Maryville For Appellee Joe Costner of Maryville For Appellants First Paragraph: This appeal involves a challenge to a condemnation proceeding in which the City of Maryville condemned a portion of the defendants' real property in order to construct and maintain a sewer line. The facts are as follows. URL:http://www.tba.org/tba_files/TCA/MARYVL.OPN.WP6 DEBBRA MATTHEWS, QUENSTON COLEMAN, NAACP, CHATTANOOGA CHAPTER, v. STEVE CONRAD, GENE ROBERTS, MAYOR CITY OF CHATTANOOGA, CITY COUNCIL MEMBERS, Court:TCA MYRON BERNARD MCCLARY Attorney for Appellants RANDALL L. NELSON WM. SHELLEY PARKER, JR. Attorneys for Appellees First Paragraph: Plaintiffs-Appellees, Debbra Matthews, Quenston Coleman, and the NAACP, Chattanooga Chapter, filed suit alleging that Ordinance #10079, which amended the Chattanooga City Charter, is void. Defendants-Appellees, Steve Conrad, Mayor Gene Roberts, and the City Council Members, moved to dismiss the Appellants' suit for failure to state a claim upon which relief can be granted pursuant to Tenn. R. Civ. P. 12.02(6) and for failure to join indispensable parties pursuant to Tenn. R. Civ. P. 19. The chancellor granted the Appellees' motion and Appellants perfected the present appeal. URL:http://www.tba.org/tba_files/TCA/MATTHDEB.OPN.WP6 CAROL JEAN MOSE, v. JEFFREY NORMAN MOSE, Court:TCA Thomas W. Hardin Hardin & Parks Attorneys for Plaintiff/Appellant/Counter-Appellee William C. Barnes Mary Frances Lyle Bruce, Weathers, Corley, Dughman & Lyle Attorneys for Defendant/Appellee/Counter-Appellant First Paragraph: This is an appeal from a non-jury divorce action heard in Chancery form in Maury County, Tennessee. The Complaint alleging irreconcilable differences or, in alternative, inappropriate marital conduct was filed by the appellant, Carol Jean Mose, on January 7, 1994. The hearing of all issues was tried October 14, 1994 and by final order entered November 4, 1994, Mrs. Mose was awarded an absolute divorce from the appellee, Jeffrey Norman Mose, on the grounds of inappropriate marital conduct. The trial court ordered distribution of marital assets, payment of medical insurance, attorneys' fees, and alimony. Mrs. Mose filed two motions to alter or amend the final order pursuant to Rule 59.04, T.R.C.P., on November 23, 1994 and November 29, 1994. URL:http://www.tba.org/tba_files/TCA/MOSECJ.OPN.WP6 MICHAEL J. REYNOLDS, v. METROPOLITAN NASHVILLE/ DAVIDSON COUNTY, RONNIE SAVAGE, ED RIGSBY, and UNKNOWN OFFICERS OF THE METROPOLITAN NASHVILLE/ DAVIDSON COUNTY POLICE DEPARTMENT VICE SQUAD, Court:TCA E. E. EDWARDS, III EDWARDS & SIMMONS Nashville, Tennessee Attorney for Plaintiff/Appellant WILLIAM L. PARKER, JR. METROPOLITAN ATTORNEY Criminal Justice Center Nashville, Tennessee Attorney for Defendants/Appellees First Paragraph: The Circuit Court of Davidson County dismissed the plaintiffs action for failure to prosecute. We affirm. The plaintiff, Michael J. Reynolds, working as an undercover agent for the Metropolitan Nashville Police Department was shot by a police officer during a drug raid. Ten days later the plaintiff signed a release in consideration of the Metropolita URL:http://www.tba.org/tba_files/TCA/REYNOLDS.OPN.WP6 STATE OF TENNESSEE, v.MARK BORUM, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Lee Ofman Charles W. Burson Attorney at Law Attorney General & Reporter Franklin, TN 37064 Nashville, TN 37243-0493 Renee F. Videlefsky Assistant Attorney General Joseph D. Baugh District Attorney General Mark L. Puryear, III Asst District Attorney General First Paragraph: The appellant, Mark Borum, was convicted of two (2) counts of aggravated rape, a Class A felony, one (1) count of aggravated robbery, a Class B felony, and one (1) count of aggravated burglary, a Class C felony, following his pleas of guilty to these offenses. The trial court found that the appellant was a standard offender and imposed the following sentences: URL:http://www.tba.org/tba_files/TCCA/BORUM.OPN.WP6 STATE OF TENNESSEE, v. STAN JERNIGAN, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Lionel R. Barrett, Jr. Charles W. Burson Attorney at Law Attorney General & Reporter Nashville, TN 37201 Mary M. Bers Assistant Attorney General Victor S. Johnson, III District Attorney General William R. Reed Asst District Attorney General First Paragraph: The Davidson County Grand Jury returned a fourteen count indictment against the appellant, Stan Jernigan. The indictment charged the appellant with two (2) counts of aggravated rape, a Class A felony, eleven (11) counts of aggravated sexual battery, a Class B felony, and (1) count of sexual battery, a Class E felony. The appellant entered pleas of guilty to five (5) counts of attempt to commit aggravated sexual battery, a Class C felony, pursuant to a plea bargain agreement. Since the parties could not reach an agreement on the appropriate punishment, a sentencing hearing was conducted by the trial court. URL:http://www.tba.org/tba_files/TCCA/JERNIGAN.OPN.WP6 STATE OF TENNESSEE, v. VICTOR D. MCMILLER, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: J.D. HICKMAN CHARLES W. BURSON 803 Liberty Drive Attorney General and Reporter Blountville, TN 37617 JOHN P. CAULEY Assistant Attorney General GREELEY WELLS District Attorney General EDWARD E. WILSON Assistant District Attorney First Paragraph: Appellant was convicted of aggravated burglary under Tenn. Code Ann. 39-14-403 (1991) and theft of property under Tenn. Code Ann. 39-14-103 (1991). He was sentenced to ten (10) years in the Department of Corrections and fined five thousand dollars ($5,000.00). In this appeal, Appellant argues that the evidence at trial was insufficient as a matter of law to sustain the convictions. Specifically, Appellant asserts that the testimony at trial was so contradictory that a rational trier of fact could not have believed the States theory of the case. URL:http://www.tba.org/tba_files/TCCA/MCMILLER.OPN.WP6 STATE OF TENNESSEE, v. WILLIE ROBERT SEAY, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Comer L. Donnell Charles W. Burson District Public Defender Attorney General & Reporter 213 North Cumberland St. Lebanon, TN 37087 William David Bridgers (On Appeal) Assistant Attorney General Criminal Justice Division James R. Stallings, Jr. 450 James Robertson Parkway J. Robert Hamilton Nashville, TN 37243-0493 225 East Market St. Lebanon, TN 37087 Doug Hall (New Trial Hearing) District Attorney General Richard Brodhead David Durham 307 W. Main Asst. Dist. Attorney General Lebanon, TN 37087 (At Trial) First Paragraph: The appellant, Willie Robert Seay, was convicted by a jury of two counts of sale of cocaine over .5 grams. Sentenced as a Range II multiple offender, the trial court imposed consecutive fifteen-year sentences running consecutively to his existing sentences. The appellant brings this appeal claiming that: URL:http://www.tba.org/tba_files/TCCA/SEAY.OPN.WP6 STATE OF TENNESSEE, v.SHEILA ELAINE THOMAS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: On Appeal Only Charles W. Burson Thomas T. Woodall Attorney General & Reporter Attorney at Law 203 Murrell Street Clinton J. Morgan P.O. Box 1075 Assistant Attorney General Dickson, TN 37056 At Trial Only J. Daniel Freemon Donald W. Schwendimann Attorney at Law District Attorney General Lawrenceburg, TN First Paragraph: This is an appeal as a matter of right from the appellant's convictions on 11 counts of aggravated burglary and 15 counts of theft, for which she was sentenced to an effective sentence of 24 years and six months in the Tennessee Department of Correction ("TDOC"). The appellant was originally charged with a 37-count indictment. The multiple charges were resolved as follows: URL:http://www.tba.org/tba_files/TCCA/THOMAS.OPN.WP6 STATE OF TENNESSEE, v. DARWIN L. WILD, Court:TCCA For the Appellant: For the Appellee: Edward C. Miller Charles W. Burson Public Defender Attorney General of Tennessee P.O. Box 416 and Dandridge, TN 37725 Hunt S. Brown Asst Attorney General of TN Alfred C. Schmutzer, Jr. District Attorney General and James L. Gass Asst District Attorney General First Paragraph: The defendant, Darwin L. Wild, is before us in an interlocutory appeal by permission, T.R.A.P. 9, from the order of the Jefferson County Circuit Court affirming the prosecuting attorneys denial of his application for pretrial diversion. The sole issue for our review is whether the trial court erred in affirming the denial. URL:http://www.tba.org/tba_files/TCCA/WILD.OPN.WP6 STATE OF TENNESSEE, v. THOMAS WILLIAMS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Ricky L. Jenkins Charles W. Burson 115 South Main Street Attorney General & Reporter Sparta, TN 38583 (On Appeal) Ellen H. Pollack Assistant Attorney General Joe L. Finley, Jr. Criminal Justice Division Asst. Public Defender Cookeville, TN 38501 (At Trial) William E. Gibson District Attorney General Anthony Craighead John A. Moore Asst. Dist. Attorneys General First Paragraph: A jury convicted the appellant, Thomas Williams, of both forgery and passing a forged instrument and imposed a $405 fine. Sentenced as a Range III persistent offender, the appellant received concurrent six-year sentences. In this appeal, he raises eight issues as follows: URL:http://www.tba.org/tba_files/TCCA/WILLIAMS.OP2.WP6 STATE OF TENNESSEE, v. STEVEN WOODARD, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Charles W. Burson Jay Norman Attorney General & Reporter Attorney at Law 213 Third Avenue, North Michael J. Fahey, II Nashville, TN 37201 Assistant Attorney General Criminal Justice Division Victor S. Johnson III District Attorney General Roe Ellen Coleman Asst. Dist. Attorney General First Paragraph: The appellee, Steven Woodard, was indicted for possession of a controlled substance with the intent to sell. He filed a motion to suppress arguing that the evidence was obtained by an illegal search. The trial court granted appellee's motion. The state appealed. We affirm. URL:http://www.tba.org/tba_files/TCCA/WOODARD.OPN.WP6
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