TBALink Opinion-Flash

April 25, 1996 -- Volume #2 -- Number #41 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 : 6
New Opinons From TCCA : 4
New Opinons From AG : Pending

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Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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