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.
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Co-Chief Editor
CHERYL MAXINE POLLARD, v. ANDREW FAHEEN AKHDARY, Court:TCA MICHAEL M. RAULSTON, Chattanooga, for Appellant E. BLAKE MOORE of SPEARS, MOORE, REBMAN & WILLIAMS, Chattanooga, for Appellee First Paragraph: In this post-divorce case, Andrew Faheen Akhdary (Akhdary) filed a motion on January 5, 1993, seeking visitation with his two minor children, Adam Blaine Akhdary (Adam) (dob: September 9, 1983) and Rachel Lauren Akhdary (Rachel) (dob: June 10, 1988). He had not seen his children since July, 1990. Following four separate hearings extending over approximately eighteen and a half months, the trial court denied Akhdarys motion. He appeals, arguing, in effect, that the trial court abused its discretion in refusing to grant him at least supervised visitation. URL:http://www.tba.org/tba_files/TCA/AKHDARY.OPN.WP6 MARILYN CHILDS, v. ROANE COUNTY BOARD OF EDUCATION, ET AL., Court:TCA DAVID A. STUART, STUART & VAN RIPER, Clinton, for Plaintiff Appellant. ROBERT G. WHEELER, JR., and CHARLES W. CAGLE, LEWIS, KING, KRIEG, WALDROP & CATRON, Nashville, and J. SCOTT McCLUEN, Harriman, for Defendants-Appellees. First Paragraph: The Roane County Board of Education (Board) dismissed plaintiff from her position as a tenured teacher, and she brought this action claiming the Board violated the Teacher Tenure Act in that the Boards decision was arbitrary and capricious and that her dismissal did not comport with due process. URL:http://www.tba.org/tba_files/TCA/CHILDS.OPN.WP6 MARJORIE DAVENPORT and ROBERT (BOB) SUSONG, v. MARGARET GODDARD and HERMAN GODDARD, And Also Part 2 Defendants as follows: FOX SUSONG, DAVID SUSONG, FREDNA JOHNSON, CHARLES SUSONG, BILLIE SUSONG JOHNSTON, ELIZABETH SUSONG SHANKS, KENNETH SUSONG, HELEN SUSONG BROWN, BILL RUSSELL, D.E. SUSONG, JR., EVA SUSONG THOMPSON, and LOUISE SUSONG OSBORNE. Court:TCA KYLE KING, KING & KING, Greeneville, for Plaintiffs-Appellees. A. BENJAMIN STRAND, JR., STRAND AND GODDARD, Dandridge, for Defendants-Appellants. First Paragraph: In this action the Trial Judge determined that Joe and Dell Susong, husband and wife, had contracted to make wills and concluded the reciprocal wills made by Joe and Dell Susong in 1985 were in furtherance of their agreement and Dell Susong subsequently breached the contract by executing another will in conflict with their agreement. URL:http://www.tba.org/tba_files/TCA/DAVENPOR.OPN.WP6 ROBIN MOORE DAY, v. FRANK L. DAY, Court:TCA James D. Causey, Jean E. Markowitz of Memphis For Appellee Robert D. Meyers, Spicer, Flynn & Rudstrom of Nashville For Appellant First Paragraph: Frank L. Day, petitioner-appellant, appeals from the order of the trial court denying his petition to modify a final decree of divorce.Petitioner and Robin Moore Day, respondent-appellee, were divorced on the ground of inappropriate marital conduct. The Final Decree of Divorce was entered November 12, 1992, and inter alia ordered petitioner to pay $40,000.00 alimony in solido. The decree states that the parties are to work out a payment schedule for payment of the alimony award. We quote from the decree: URL:http://www.tba.org/tba_files/TCA/DAYROBIN.OPN.WP6 BETTY HOLT, v. BOBBY STOKELY, Court:TCA WILLIAM M. LEIBROCK, Newport, for Appellant. THOMAS V. TESTERMAN, Newport, for Appellee. First Paragraph: Plaintiff filed this action in April of 1994, alleging she was the mother of Julie Marie Holt, born January 22, 1983, and that she and the defendant had formally legitimated the child in September 1988. She further alleged that the defendant had refused to support the child and she sought child support arrearages in an amount determined proper by the Court for the eleven years that he has refused. In defendants answer, he stated with respect to the claims for past due child support, the defendant would show that he is not indebted for past due child support, and further interposes the defense of laches. URL:http://www.tba.org/tba_files/TCA/HOLTBETY.OPN.WP6 DAVIS A. REED, v. KATHY L. REED, Court:TCA CHRISTOPHER VAN RIPER of STUART & VAN RIPER, Clinton, for Appellant ROBERT W. WILKINSON of BUXTON AND WILKINSON, Oak Ridge, for Appellee First Paragraph: This is a post-divorce case. Davis A. Reed filed a petition seeking an order holding his former wife, Kathy L. Mabry, in contempt. In the same petition, he also sought to modify the parties judgment of absolute divorce; specifically, he asked the court to relieve him of his obligation to pay half of the mortgage payment on the parties former marital residence. Ms. Mabry filed a counterclaim seeking an increase in child support. The trial court found Ms. Mabry in contempt; ordered her to pay Mr. Reed $3,614.50 plus a portion of his attorneys fee; and denied her request for an increase in child support. Ms. Mabry appeals, raising four issues: URL:http://www.tba.org/tba_files/TCA/REEDDA.OPN.WP6 STATE OF TENNESSEE, v. JENNY WILSON, a/k/a, DEBORAH BLUE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: DONALD A. BOSCH CHARLES W. BURSON 2000 First TN Plaza Attorney General & Reporter Knoxville, TN 37929 (On Appeal) EUGENE J. HONEA Asst. Attorney General KEVIN W. SHEPHERD 450 James Robertson Pkwy. 318 Court St. Nashville, TN 37243-0493 Maryville, TN 37801 (At Trial) MIKE FLYNN District Attorney General EDWARD P. BAILEY, JR. Asst. District Attorney General Blount County Courthouse Maryville, TN 37801 First Paragraph: The defendant was indicted for possession of cocaine with intent to sell or deliver, the sale of cocaine, and the delivery of cocaine. After a jury trial, she was convicted of all three offenses which the trial court later merged into a single conviction. In this direct appeal, the defendant challenges the sufficiency of the evidence, and contends that the trial court erred when it denied her motion for a new trial based on newly discovered evidence. We affirm the judgment below. URL:http://www.tba.org/tba_files/TCCA/BLUE.OPN.WP6 WILLARD BILL CARPENTER, v. STATE OF TENNESSEE, Court:TCCA For the Appellant: For the Appellee: William Zierer Charles W. Burson P.O. Box 1276 Attorney General and Reporter Morristown, TN 37816 and David N. Smith Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 John F. Dugger, Jr. Assistant District Attorney General 510 Allison Street Morristown, TN 37814 First Paragraph: After a complete evidentiary hearing on the Appellant's Post Conviction Petition, the trial court dismissed the petition. The Appellant seeks a review of the trial court's action and claims that the trial court's determination is in error and should be reversed. We have considered the claims of the Appellant and find that the trial court correctly decided the issues presented. URL:http://www.tba.org/tba_files/TCCA/CARPENT.OPN.WP6 SAMUEL FRANKLIN HOOD, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Laura Rule Hendricks Charles W. Burson Contract Attorney Attorney General & Reporter for the District Public Defenders Conference Michael J. Fahey, II 810 Henley Street Assistant Attorney General Knoxville, TN 37902 Criminal Justice Division 450 James Robertson Parkway Ardena J. Garth Nashville, TN 37243-0493 District Public Defender Gary D. Gerbitz Rich Heinsman District Attorney General Asst. Dist. AG 701 Cherry Street Yolanda Mitchell Chattanooga, TN 37402 Asst. Dist. Attorney General 600 Market Street, Suite 310 Chattanooga, TN 37402 First Paragraph: The appellant, Samuel Franklin Hood, pled guilty to aggravated robbery. He was sentenced as a career offender to 30 years confinement. His first petition for post-conviction relief alleged that his trial counsel rendered ineffective assistance by failing to interview witnesses. The trial court dismissed the first petition and we affirmed. His second petition, which is the subject of this appeal, contended that his plea was involuntary. The trial court found that the issue had been previously determined and dismissed the petition. URL:http://www.tba.org/tba_files/TCCA/HOODSF.OPN.WP6 STATE OF TENNESSEE, v. KATHY MARTIN and MARCUS CARLOS WEST, Court:TCCA For Appellant Martin: For the Appellee: Kindall T. Lawson Charles W. Burson 205 Highway 66 South Attorney General of Tennessee Rogersville, TN 37857 and Hunt S. Brown Asst Attorney General of TN For Appellant West: 450 James Robertson Parkway Nashville, TN 37243-0493 Heiskell H. Winstead 205 Highway 66 South Alfred C. Schmutzer, Jr. Rogersville, TN 37857 District Attorney General and James Gass Assistant District AG Main Street Dandridge, TN 37725 First Paragraph: The defendants, Kathy Martin and Marcus Carlos West, appeal from their jury convictions in the Jefferson County Circuit Court. Martin was convicted of child abuse, a Class A misdemeanor, and sentenced to eleven months and twenty-nine days to be served in the custody of the Jefferson County Jail, suspended after the service of five months. West was convicted of aggravated child abuse, a Class B felony, and sentenced to twelve years as a Range I, standard offender to be served in the custody of the Department of Correction. In this appeal as of right, the defendants contend that: URL:http://www.tba.org/tba_files/TCCA/MARTINKA.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
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