-
TBALink Opinion-Flash
March 15, 1996 -- Volume #2 -- Number #27
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
- New Opinons From TCA : 8
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.
Jim Moore
TBALink Co-Chief Editor
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
Return to the TBALink Home Page