TBALink Opinion-Flash

March 15, 1996 -- Volume #2 -- Number #27 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 : 8
New Opinons From TCCA : 12
New Opinons From AG : Pending

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Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

BETTYE SUE MORRISON ADAMS,  v. CHARLES MCAULEY ADAMS,

Court:TCA

CHARLES R. CURBO
Memphis, TN
Attorney for Appellant

LINCOLN A. R. HODGES
Germantown, TN
Attorney for Appellee
                        
First Paragraph:

This divorce appeal presents the issue whether the trial
court erred in its division of marital property and award of
alimony in solido to the wife.

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

PEGGY IRENE BREECE, v. HOWARD THOMAS BREECE,

Court:TCA

R. E. Lee Davies
HARTZOG, SILVA & DAVIES
Franklin, TN
ATTORNEY FOR PLAINTIFF/APPELLANT

LAW OFFICES OF SAMUEL H. SMITH
Centerville, TN

Wm. Landis Turner
KEATON, TURNER & SPITZER
Hohenwald, TN 
ATTORNEYS FOR DEFENDANT/APPELLEE
                        
First Paragraph:

The plaintiff-wife has appealed from a judgment awarding her
a divorce, but making an unsatisfactory division of property
and expenses.

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

RON CHRISTIAN,  
v.
TN PETROLEUM UNDERGROUND STORAGE TANK BOARD and J. W.
LUNA, as COMMISSIONER OF TN DEPARTMENT OF ENVIRONMENT
AND CONSERVATION,

Court:TCA

Margaret Jane Powers, Crossville, TN
Attorney for  Petitioner/Appellant.

Charles W. Burson, Attorney General & Reporter
Elizabeth P. McCarter, Senior Counsel
Sharon O. Jacobs, Assistant Attorney General
Attorneys for Respondents/Appellees.
                        
First Paragraph:

For a second time we address this matter which concerns
Appellant Ron Christian's eligibility for assistance from
the petroleum underground storage tank fund, established in
T.C.A.  68-215-110.  The TN Petroleum Underground
Storage Tank Board (Board), an appellee in this action,
found Christian ineligible for assistance due to his failure
to reestablish fund eligibility by, inter alia, failing to
conduct a site check of his property. 

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

DIANE GILES, v. MICHAEL HAYES,  

Court:TCA

Conrad Finnell, Cleveland, Attorney for Appellant.

Nora A. McCarthy, Chattanooga, Attorney for Appellee.
                      
First Paragraph:

This is a suit for damages against an agent of Allstate
Insurance Company, accusing him of fraud in filling out her
application for a homeowners' policy of insurance.  The
motion of Allstate for summary judgment was granted upon the
theory of res judicata. 

URL:http://www.tba.org/tba_files/TCA/GILES2.OPN.WP6
Opinion-Flash

LAIDLAW ENVIRONMENTAL SERVICES OF NASHVILLE, INC.,
v.
METROPOLITAN BOARD OF HEALTH FOR NASHVILLE AND DAVIDSON
COUNTY, and ROBERT ORR/SYSCO FOOD SERVICES COMPANY, and
BRING URBAN RECYCLING TO NASHVILLE TODAY,
and CONCURRING OPINION

Court:TCA

Thomas V. White
TUNE, ENTREKIN & WHITE
First American Center, 21st Floor
Nashville, TN 37238

JOHN P. WILLIAMS
1900 Cedar Lane
Nashville, TN 37212
ATTORNEYS FOR PLAINTIFF/APPELLANT

James L. Murphy, III
Director of Law
John L. Kennedy
Metropolitan Attorney
Liz Foster
Metropolitan Attorney
DEPARTMENT OF LAW
METROPOLITAN GOVERNMENT OF NASHVILLE
Nashville, TN
FOR DEFENDANT/APPELLEE
METROPOLITAN BOARD OF HEALTH FOR
NASHVILLE AND DAVIDSON COUNTY

GARY A. DAVIS
Knoxville, TN

Frank M. Fly
BULLOCK, FLY & McFARLAND
Murfreesboro, TN
ATTORNEYS FOR DEFENDANT/APPELLEE
ROBERT ORR/SYSCO FOOD SERVICES COMPANY

DAVID BORDENKIRCHER
Nashville, TN
ATTORNEY FOR DEFENDANT/APPELLEE
BRING URBAN RECYCLING TO NASHVILLE TODAY                            
                        
First Paragraph:

The captioned plaintiff has appealed from the judgment of
the Trial Court affirming the administrative action of the
captioned Board reversing the previous action of the
Director of the Metropolitan Department of Health in
renewing six permits previously issued for operation of a
waste disposal plant. 

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

RALPH GUEST MADDUX, III, v. SHERYL LYNNE MADDUX,    

Court:TCA

Bobby W. Sands
Rick C. Osborn
SANDS & SANDS
Columbia, TN
ATTORNEYS FOR PLAINTIFF/APPELLEE

R. E. Lee Davies
HARTZOG, SILVA & DAVIES
Franklin, TN
ATTORNEY FOR DEFENDANT/APPELLANT
                     
First Paragraph:

The captioned defendant-wife, has appealed an unsatisfactory
decision of the Trial Court regarding her post-divorce
decree petition for increase in child support.  The wife
presents the following issues for review:

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

NELSON STAFFORD, v. LARRY VANCE,

Court:TCA

H. Randolph Fallin, Mountain City, TN
Attorney for Plaintiff/Appellant.

T. J. Little, Jr., Elizabethton, TN
Attorney for Defendant/Appellee.
                      
First Paragraph:

This appeal is from the trial court's grant of summary
judgment in favor of the defendant in a suit for malicious
prosecution. It is alleged in the complaint and admitted in
the answer that the defendant, Larry A. Vance, instituted
criminal proceedings against the plaintiff, Nelson Stafford,
charging him with the criminal offense of theft of property
under $500.  Stafford was tried and acquitted of the charge.
 The motion for summary judgment was supported by five
affidavits and the deposition of Vance. 

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

AUBREYEL B. AKBAR, v. STATE OF TN,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Aubreyel B. Akbar, Pro Se   Charles W. Burson
C.C.C.F                     Attorney General & Reporter
P.O. Box 1000               450 James Robertson Parkway
Henning, TN 38041           Nashville, TN 37243-0493

                            Christina S. Shevalier
                            Assistant Attorney General

                            John W. Pierotti
                            District Attorney General

                            Lorraine Craig
                            Assistant District Attorney General

First Paragraph:

The appellant, Aubreyel B. Akbar, appeals as of right from a
judgment of the trial court summarily dismissing his suit
for post-conviction relief.  The trial court found that the
suit was barred by the statute of limitations, the grounds
alleged were not cognizable in a suit for post-conviction
relief, the issues had been previously determined, and the
grounds were not supported by factual allegations.  

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

STATE OF TN, v. GENEVA BROYLES,

Court:TCCA

For Appellant:              For Appellee:
John S. Anderson            Charles W. Burson
Attorney                    Attorney General & Reporter
205 Highway 66, Suite 102
Rogersville, TN  37857      Amy L. Tarkington           
                            Assistant Attorney General

                            Al Schmutzer, Jr.
                            District Attorney General
                            and 
                            James Dunn
                            Asst. District Attorney General
    
First Paragraph:

The defendant, Geneva Broyles, was convicted of first degree
murder.  The trial court imposed a sentence of life
imprisonment.  In addition to her challenge to the
sufficiency of the evidence, the defendant raises the
following issues for appellate review:

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

LARRY W. DOBSON and G.O. DOBSON, JR. and as next friends of
JIMMY WAYNE DOBSON, a non compos mentis without guardian,
v.
VIRGINIA DOBSON SHORTT, individually and as administratrix
of the estate of G.O. DOBSON, SR.,

Court:TCCA

D.D. MADDOX, Maddox, Maddox & Maddox, Huntingdon,
Attorney for Appellant.

ROBERT T. KEETON, JR. and LAURA A. KEETON, Law Offices of
Robert T. Keeton, Jr., Huntingdon, Attorneys for Appellee
Larry W. Dobson.

ANDREW B. FRAZIER, JR., Frazier & Whitworth, Camden,
Attorney for Appellee G.O. Dobson, Jr.
                        
First Paragraph:

This is a will contest case.  G.O. Dobson, Sr. ("testator")
died on February 21, 1991 in Benton County.  Shortly
thereafter, Virginia Dobson Shortt (defendant), the
testators daughter and administratrix of his estate, filed
a petition in the Chancery Court of Benton County to probate
the will.  The will was admitted to probate in commo

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

STATE OF TN, v. PAUL M. DOUGHERTY,   

Court:TCCA

FOR THE APPELLEE:               FOR THE APPELLANT:

Joseph Y. Longmire              Charles W. Burson
103 Bluegrass Commons Blvd.     Attorney General & Reporter 
P.O. Box 738       
Hendersonville, TN   37077      Eugene J. Honea
                                Assistant Attorney General
                                
                                Lawrence Ray Whitley        
                                District Attorney General

                                Kathi Phillips
                                Asst. Dist. Attorney General
                        
First Paragraph:

The state brings this appeal claiming that the trial judge
erred in granting the appellee's motion to suppress. 
Following our review, we reverse the trial court's decision
and remand for further proceedings.

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

STATE OF TN, v. KARI FINCHUM,

Court:TCCA

For the Appellant:          For the Appellee:

Mack Garner                 Charles W. Burson
District Public Defender    Attorney General and Reporter
318 Court Street    
Maryville, TN  37804        George Linebaugh
                            Assistant Attorney General                          
                        
                            Michael L. Flynn            
                            District Attorney General

                            Edward Bailey
                            Asst. District Attorney General

First Paragraph:

The appellant, Kari Finchum, appeals from a two year
sentence imposed by the Circuit Court of Blount County
following her guilty plea to one count of facilitating the
delivery of less than one-half gram of cocaine.  The trial
court ordered the appellant to serve fifteen days of her
sentence in the Blount County Jail with the remainder of the
sentence to be served on supervised probation. 

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

STATE OF TN, v. HERMAN F. HICKMAN,

Court:TCCA

For the Appellant:          For the Appellee:

David L. Comer              Charles W. Burson
Attorney                    Attorney General and Reporter
212 West Gaines Street      450 James Robertson Parkway
Lawrenceburg, TN  38464     Nashville, TN  37243-0493
    
                            George P. Linebaugh, Jr.
                            Counsel for the State
                        
                            T. Michael Bottoms 
                            District Attorney General
                    
                            James White
                            Asst. District Attorney General
                       
First Paragraph:


The defendant, Herman F. Hickman, was convicted in a bench
trial of driving under the influence.  Tenn. Code Ann.
55-10-401.  The trial court imposed a sentence of 11
months, 29 days; all but 48 hours was suspended.  The
defendant was also fined $250 and had his license suspended.

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

STATE OF TN, v. CLEO MASON,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Karen T. Fleet              Charles W. Burson
Attorney at Law             Attorney General & Reporter
116 Main Street, South      450 James Robertson Parkway
Bolivar, TN 38008           Nashville, TN 37243-0493

                            Sharon S. Selby
                            Assistant Attorney General

                            Elizabeth T. Rice
                            District Attorney General
                       
First Paragraph:

The appellant, Cleo Mason, was convicted of vehicular
homicide, a Class C felony, leaving the scene of an
accident, a Class E felony, and driving on a revoked
license, a Class B misdemeanor.  The trial court found that
the appellant was a standard offender and imposed the
following Range I sentences:  (a) Count I, vehicular
homicide, confinement for five (5) years in the Department
of Correction and (b) Count IV, leaving the scene of an
accident, confinement for one (1) year in the Department of
Correction.  

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

STATE OF TN, v. CARRIE PHIPPS,   

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Robert S. Peters            Charles W. Burson
100 First Avenue, S.W.      Attorney General & Reporter 
Winchester, TN   37398
                            Charlotte H. Rappuhn
                            Assistant Attorney General
    
                            C. Michael Layne
                            District Attorney General

                            Stephen E. Weitzman              
                            Asst. Dist. Attorney General
                         
First Paragraph:

The appellant, Carrie Phipps, was convicted following a jury
trial of both retaliation for past action and assault.  In
this appeal, she claims that the evidence was insufficient
to support either conviction.  Following our review, we
affirm the convictions.

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

STATE OF TN, v. BRUCE C. RELIFORD,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

W. Mark Ward                    Charles W. Burson
Assistant Public Defender       Attorney General & Reporter
(Appeal Only)
                                Ellen H. Pollack
Carolyn S. Watkins              Assistant Attorney General
Assistant Public Defender       
(Trial Only)                    John W.  Pierotti
                                District Attorney General
Bertha T. Ching                 
Assistant Public Defender      
                                James M. Lammey, Jr.
(Trial Only)                    Asst District AG
                               
OF COUNSEL:                    

A C Wharton, Jr.
Shelby County Public Defender
                        
First Paragraph:

The appellant, Bruce C. Reliford, was convicted of three (3)
counts of aggravated robbery, a Class B felony, by a jury of
his peers.  The trial court found that the appellant was a
standard offender and imposed the following Range I
sentences:

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

STATE OF TN, v. ESTENICO SLAYTON,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Anthony Winchester              Charles W. Burson
P.O. Drawer H                   Attorney General/Reporter
Dyersburg, TN 38024             
                                Charlotte H. Rappuhn
                                Asst Atty. Gen./Reporter
    
                                Karen Yacuzzo
                                Asst Atty Gen. & Reporter
                                
                                Phillip Bivens
                                District Attorney General
                                
                                John W. Price
                                Asst Dist. Atty General

First Paragraph:

The appellant, Estenico Slayton, was convicted by a Dyer
County jury of aggravated robbery and sentenced to nine
years imprisonment in the TN Department of
Corrections.  On appeal, he presents the following two (2)
issues for our review.

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

HAROLD V. SMITH, v. STATE OF TN, 

Court:TCCA

For the Appellant:          For the Appellee:
Harold V. Smith             Charles W. Burson
Pro Se                      Attorney General and Reporter
Northeast Correction CT     Nashville, TN
Mountain City, TN 37683
                            Clinton J. Morgan
                            Assistant Attorney General

                            C. Berkeley Bell Jr.
                            District Attorney General

                            John Douglas Godbee
                            Asst. District Attorney General

First Paragraph:

The appellant, Harold V. Smith, appeals from the Hawkins
County Criminal Court's judgment summarily dismissing his
petition for post-conviction relief.  The trial court
dismissed the petition on May 17, 1995, without appointing
counsel or holding an evidentiary hearing. 

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

BOBBY DEWAYNE WILCOX, v. STATE OF TN,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

David M. Livingston             Charles W. Burson
Attorney at Law                 Attorney General & Reporter
Brownsville, TN 38012           Nashville, TN 

                                Charlotte H. Rappuhn
                                Assistant Attorney General

                                Clayburn L. Peeples
                                District Attorney General

                                Edward L. Hardister
                                Assistant District Attorney General

First Paragraph:

The appellant, Bobby Dewayne Wilcox, appeals as of right
from a judgment of the trial court denying his
post-conviction action following an evidentiary hearing. 
The trial court found that the appellant received the
effective assistance of counsel guaranteed by the United
States and TN constitutions, and the appellant
voluntarily, knowingly, and intelligently entered the pleas
of guilty which led to his convictions.  

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

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