TBALink Opinion-Flash

April 15, 1996 -- Volume #2 -- Number #36 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 : 2
New Opinons From TCCA : 5
New Opinons From AG : Pending

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Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

ESTATE OF MAXIE RAYMOND CHILDRESS, JR., v. MARY ANN PAYNE, 

Court:TCA

William M. Haywood
Lewisburg, Tennessee
Attorney for Appellant

Rondal T. Wilson
Shelbyville, Tennessee
Attorney for Appellee
                        
First Paragraph:

This is an appeal from the Probate Court of Marshall County,
Tennessee by the Estate of Maxie Raymond Childress, Jr.
contesting the order of that court dismissing appellants
petition to set aside an alleged fraudulent conveyance of
real estate by the deceased intestate and to require payment
of the proceeds from the sale of the land to the insolvent
estate for purposes of paying certain debts owed to
creditors of the deceased and any remainder to be paid over,
pro rata, to the seven heirs of the intestate.  The sole
issue is whether the prior conveyance of real property by
the deceased intestate to one of his daughters who is an
heir was a fraud upon the creditors of the deceased.

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

METROPOLITAN GOVERNMENT OF NASHVILLE-DAVIDSON COUNTY,   
v. 
DIANNA SADLER,

Court:TCA

Attorney:N/A
                        
First Paragraph:

RULE 10 ORDER AND OPINION
This appears to be a proper matter for consideration
pursuant to Court of Appeals Rule 10(a).
In this case, appellant, Dianna Sadler, appeals from the
trial courts judgment finding that her dogs are vicious
within the meaning of Metropolitan Code  8.08.010.  The
trial court ordered appellant to remove the dogs from her
premises and confine them upon her fathers property in
Cheatham County.  The appellant filed a Notice of Appeal,
but did not file a Transcript of the Proceedings within 90
days thereafter, as required by Rule 24(b) of the Tennessee
Rules of Appellate Procedure.

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

STATE OF TENNESSEE,v. TERRY DEAN BAKER, 

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

John Harwell Dickey         Charles W. Burson
District Public Defender    Attorney General & Reporter 

Curtis H. Gann              Clinton J. Morgan
Assistant Public Defender   Counsel for the State
P.O. Box 1119               Criminal Justice Division
Fayetteville, TN 37334      450 James Robertson Parkway
                            Nashville, TN 37243-0493

At Trial:                   William Michael McCown
Robert Marlow               District Attorney General
Assistant Public Defender
P.O. Box 1119               Weakley E. Barnard
Fayetteville, TN 37334      and
                            Charles Crawford
Randall E. Self             Asst District Attorneys General
Attorney at Law             215 East College Street
Fayetteville, TN 37334      Fayetteville, TN 37334
                        
First Paragraph:

A jury found the appellant, Terry Dean Baker, guilty of
burglary, theft of $1,000 or more, and two counts of escape.
 He was sentenced to eight years for burglary and four years
on each escape conviction.  All sentences were consecutive. 
We affirm the escape convictions, but reverse and dismiss
the  burglary conviction and remand the theft case for entry
of a judgment of acquittal.

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

GEORGE T. BONDS, v. STATE OF TENNESSEE,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

GEORGE T. BONDS, Pro Se     CHARLES W. BURSON
South Central               Attorney General and Reporter
Correction Center           
Clifton, TN                 CLINTON J. MORGAN
                            Assistant Attorney General

                            DAN ALSOBROOKS
                            District Attorney General

                            ROBERT S. WILSON
                            Asst District Attorney General
                            
First Paragraph:

This is an appeal from an order of the trial court
dismissing the Defendants petition for post-conviction
relief without an evidentiary hearing.  The trial court
determined that the petition was barred by the three-year
statute of limitations. We affirm the judgment of the trial
court.

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

STATE OF TENNESSEE, v. HAROLD E. FIELDS,

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:

Charles W. Burson                   J. Russell Parkes
Attorney General and Reporter       102 West Seventh Street
450 James Robertson Parkway         P.O. Box 692
Nashville, Tennessee 37243-0493     Columbia, Tennessee

Christina Shevalier                 
Assistant Atty. Gen. & Reporter
450 James Robertson Parkway
Nashville, Tennessee 37243-0493

Joseph D. Baugh
District Attorney General

Emily N. Walker
Assistant District Attorney General
P.O. Box 937 
Franklin, Tennessee 37065-0937
                        
First Paragraph:

We originally dismissed this interlocutory appeal as being
improvidently granted.  The Supreme Court has directed us to
decide the appeal on the merits on remand.

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

RICKY ALLAN JOHNSON,v. STATE OF TENNESSEE,

Court:TCCA

For Appellant:              For Appellee:
Pro Se on appeal            Charles W. Burson
MCRCF Box 2000 Unit 9       Attorney General & Reporter
Wartburg, TN  37887-2000
                            David N. Smith
Jerry B. Bible              Counsel for the State
Attorney                    Criminal Justice Division
Courthouse Square           450 James Robertson Parkway
Jasper, TN  37347           Nashville, TN  37243-0493
(at evidentiary hearing)
                            J. Michael Taylor
                            District Attorney General
                            First American National Bank
                            Building
                            Dayton, TN  37321

First Paragraph:

The pro se petitioner, Ricky Allan Johnson, appeals the
trial court's denial of his petition for post-conviction
relief.  He claims that he did not receive the effective
assistance of counsel at trial or on direct appeal,
asserting among other things, that his counsel failed to
present proof at the evidentiary hearing and otherwise have
an immunity agreement enforced.  He also argues that the
trial court should have granted a judgment of acquittal.

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

STATE OF TENNESSEE, 
v.
FREDDIE MORROW, et al., 
and
MEREDITH CORPORATION, owner and operator of WSMV- TV Channel
Four LANDMARK TELEVISION OF TN, INC., owner and operatory of
WTVF- TV Channel Five, and YOUNG BROADCASTING OF NASHVILLE,
INC. owner and operator of WKRN-TV Channel Two

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

ROBB S. HARVEY              CHARLES W. BURSON
Nationsbank Plaze           Attorney General and Reporter
414 Union Street
Nashville, TN  37219        KATHY MORANTE
                            Assistant Attorney General
JOHN C. BEITER              
2000 First Union Tower
150 4th Avenue, North
Nashville,TN  37219

First Paragraph:

In this extraordinary appeal filed pursuant to Tenn. R. App.
P. 10, the intervenors/appellants, members of the broadcast
media, seek review of the orders of the lower court
excluding television cameras from the courtroom during the
trial proceedings of three criminal defendants.  The
intervenors allege that the trial judge abused his
discretion under Rule 30 of the Tennessee Supreme Court and
that the orders concerning television cameras violate the
free press and equal protection guarantees of the United
States Constitution found in the First Amendment and
Fourteenth Amendment, respectively.  They also maintain that
the orders in question violate the Tennessee Constitutions
law of the land clause found at Article 1, Section 8 as well
as the open courts clause of Article 1, Section 17 and the
free press guarantees of Article 1, Section 19.

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

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