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TBALink Opinion-Flash
May 10, 1996 -- Volume #2 -- Number #45
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CAN DO, INC. PENSION AND PROFIT SHARING PLAN AND SUCCESSOR PLANS, INDIVIDUALLY AND AS A TRUSTEE FOR GEORGE W. HOLDER, JR., v. MANIER, HEROD, HOLLABAUGH & SMITH, a professional corporation, C. KINIAN COSNER, JR., and H. ROWAN LEATHERS, III, Court:TSC For Appellants: For Appellee: Robert L. Trentham Alfred H. Knight Mark Tyler Seitz WILLIS & KNIGHT TRABUE, STURDIVANT & DEWITT Nashville, Tennessee Nashville, Tennessee First Paragraph: This case presents a question of first impression in Tennessee: whether or not a legal malpractice claim is assignable. We have determined that sound public policy reasons militate against allowing assignment of legal malpractice actions. We, therefore, reverse the Court of Appeals and dismiss the complaint. Judge: RILEY ANDERSON, CHIEF JUSTICE URL:http://www.tba.org/tba_files/TSC/CANDO.OPN.WP6
WANDA CRUSE,
v.
CITY OF COLUMBIA, as a political subdivision of the State of
Tennessee,
Court:TSC
For Appellee: For Appellant:
Wm. Kennerly Burger Overton Thompson, III
Murfreesboro, TN Stephen H. Price
FARRIS, WARFIELD & KANADY
Nashville, TN
First Paragraph:
In this property confiscation case, the Court must decide
whether a direct appeal was timely and whether the
Governmental Tort Liability Act's twelve-month statute of
limitations set forth in Tennessee Code Annotated Section
29-20-305(b) applies to bar plaintiff's claim for damage to
and loss of personal property seized by police officers
employed by defendant, the City of Columbia. For the
reasons explained below, we hold that the appeal was timely
and that plaintiff's claim is controlled by the three-year
statute of limitations contained in Tennessee Code Annotated
Section 28-3-105 and is, therefore, not barred.
Judge: Penny J. White, Justice
URL:http://www.tba.org/tba_files/TSC/CRUSEWAN.OPN.WP6
DR. POWELL D. McCLELLAN,
v.
THE BOARD OF REGENTS OF THE STATE UNIVERSITY and COMMUNITY
COLLEGE SYSTEM OF TENNESSEE AND MIDDLE TENNESSEE STATE
UNIVERSITY,
Court:TSC
For Appellant: For Appellee:
Charles Hampton White Charles W. Burson
CORNELIUS & COLLINS Attorney General and Reporter
Nashville, TN
James C. Floyd
Assistant Attorney General
Nashville, TN
First Paragraph:
This case poses substantive and procedural questions
pertaining to an appeal under the Uniform Administrative
Procedures Act. The first issue is whether substantial and
material evidence supports the finding of a violation of the
sexual harassment policy of the Tennessee State Board of
Regents and of Middle Tennessee State University. The
second issue is whether the procedures followed in
conducting the administrative hearing were appropriate. For
the reasons set forth, we affirm the part of the decision of
the Court of Appeals which upheld the finding of sexual
harassment. We reverse the part of that court's decision
which vacated one finding and the sanction order. We remand
the case for the imposition of the sanctions set forth in
the final order of the administrative tribunal.
Judge: Penny J. White, Justice
URL:http://www.tba.org/tba_files/TSC/MCCLELLA.COR.WP6
FANNIE TUGGLE and HOYT TUGGLE,
v.
ALLRIGHT PARKING SYSTEMS,
Court:TSC
For Appellant: For Appellees:
Carl Wyatt Lanier Fogg
Robert A. Cox Memphis, Tennessee
GLASSMAN, JETER, EDWARDS
and WADE, P.C.
Memphis, Tennessee
First Paragraph:
We granted this appeal to determine whether a party with a
derivative claim - loss of consortium - is entitled to
challenges under the peremptory jury challenge statute,
Tenn. Code Ann. 22-3-105.
Judge: RILEY ANDERSON, CHIEF JUSTICE
URL:http://www.tba.org/tba_files/TSC/TUGGLEF.OPN.WP6
STATE OF TENNESSEE v. TERRY E. WOOD
and DISSENTING OPINIONS
Court:TSC
FOR THE APPELLANT: FOR THE APPELLEE:
John H. Henderson, Jr. Charles W. Burson
Public Defender Attorney General and Reporter
Maurine C. Hatchett Christina S. Shevalier
Assistant Public Defender Assistant Attorney General
Franklin, TN Nashville, TN
Joseph D. Baugh
District Attorney General
Mark Puryear
Assistant District Attorney
General
Franklin, TN
First Paragraph:
We granted the application of Terry E. Wood, the defendant,
for permission to appeal in order to resolve an issue of
first impression in Tennessee: whether the return of a
sealed presentment engages an accused person's speedy trial
rights under the Sixth Amendment to the United States
Constitution and Article I, 9, of the Tennessee
Constitution. After a thorough examination of the record
and careful consideration of the issue, we conclude, for
reasons appearing below, that the return of a presentment,
whether sealed or unsealed, whether the accompanying capias
is executed or unexecuted, is a formal accusation that
engages constitutional speedy trial provisions. Thus, we
must apply the criteria of Barker v. Wingo and State v.
Bishop to determine whether the thirteen-year delay in this
case deprived the appellant of his constitutional speedy
trial rights. We find that there was no such deprivation
and affirm the judgment of the Court of Criminal Appeals.
Judge: ADOLPHO A. BIRCH, JR., Justice
URL:http://www.tba.org/tba_files/TSC/WOODTER.OPN.WP6
URL:http://www.tba.org/tba_files/TSC/WOODTER.DIS.WP6
URL:http://www.tba.org/tba_files/TSC/WOODSTER.DI2.WP6
URL:http://www.tba.org/tba_files/TSC/WOODTER2.DIS.WP6
JIMMY ARNOLD, v. TENNESSEE BOARD OF PAROLES, ET AL.,
Court:TCA
JIMMY ARNOLD, #130097
Turney Center - 4B/3
Route 1
Only, Tennessee 37140-9709
Pro Se/Petitioner/Appellant
CHARLES W. BURSON
Attorney General and Reporter
MICHELLE L. LEHMANN
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243-0493
Attorney for Respondent/Appellee
First Paragraph:
The Chancery Court of Davidson County dismissed the
appellants Petition for Writ of Certiorari to review the
Parole Boards denial of parole. We affirm because we find
that the petition in the lower court does not contain any
allegations which show that the Board acted illegally,
arbitrarily, or in excess of its jurisdiction.
Judge: BEN H. CANTRELL, JUDGE
URL:http://www.tba.org/tba_files/TCA/ARNOLDJ.OPN.WP6
WAYMON FREDERIC AXLEY, v. BEVERLY ANNE MALLETTE AXLEY,
Court:TCA
Stevan L. Black,
Vicki J. Singh,
BLACK, BOBANGO & MORGAN, P.C., Memphis, Tennessee
Attorneys for Defendant/Appellant.
Kay Farese Turner, Memphis, Tennessee
Charle W. McGhee, Memphis, Tennessee
Attorneys for Plaintiff/Appellee.
First Paragraph:
After a thirty year marriage, Waymon Frederic Axley
(Husband) and Beverly Anne Mallette Axley (Wife) were
divorced by final decree entered by the trial court in
August 1994. This appeal concerns the trial courts award
to Wife of $1,500 per month as alimony in futuro and, as
additional alimony, $177.62 per month for 36 consecutive
months to continue Wife on Husbands health insurance
through his employer. Wife seeks an increase in the award
as well as her attorneys fees for services rendered in this
appeal. She frames the issues as follows:
I. Did the trial judge err by awarding Wife only $1,500 per
month in periodic alimony?
II. Should this Court remand this matter to the trial court
with the instruction to set a reasonable amount of
attorneys fees for this appeal?
Judge: FARMER, J.
URL:http://www.tba.org/tba_files/TCA/AXLEY.OPN.WP6
JAMES DALE BARNES,
v.
MILLER MEDICAL GROUP, P.C. EDGEFIELD HOSPITAL, INC., DR.
DOUGLAS DORSEY, AND DR. J. SHEPHERD,
Court:TCA
SAM E. WALLACE, JR.
227 Second Avenue, North
Nashville, Tennessee 37201
Attorney for Plaintiff/Appellant
DIXIE W. COOPER
EDWARD A. HADLEY
Suite 1900, NationsBank Plaza
414 Union Street
Nashville, Tennessee 37219-1782
Attorney for Defendants/Appellees
Miller Medical Group, P.C. and John Shepherd, M.D.
First Paragraph:
The husband of a woman who suffered a fatal heart attack
shortly after being discharged from a hospital emergency
room filed a medical malpractice suit against the treating
doctor and the medical group for which he worked. The trial
court dismissed the claim against the defendant doctor
because the plaintiff failed to obtain service on him. A
summary judgment was subsequently granted to the defendant
medical group on the ground of the plaintiffs failure to
produce a qualified affidavit on the proper standard of care
and on causation, as is required by the Medical Malpractice
Act, Tenn. Code Ann. 29-26-115. We affirm the trial
court.
Judge: BEN H. CANTRELL, JUDGE
URL:http://www.tba.org/tba_files/TCA/BARNESJD.OPN.WP6
FRANK R. DALTON, v. TENNESSEE BOARD OF PAROLES,
Court:TCA
For the Plaintiff/Appellee: For the Defendant/Appellant:
Frank R. Dalton, Pro Se Charles W. Burson
Attorney General/Reporter
Patricia C. Kussmann
Assistant Attorney General
First Paragraph:
This appeal involves a prison inmates efforts to be
paroled. After the Tennessee Board of Paroles declined to
parole him, the inmate filed a petition for common-law writ
of certiorari in the Chancery Court for Davidson County
seeking review of the boards decision. The trial court
dismissed the petition on the ground that it failed to state
a claim upon which relief could be granted, and the inmate
appealed to this court. We have determined that the board
has not demonstrated that it is entitled to a judgment as a
matter of law, and therefore, we vacate the judgment and
remand the case for further proceedings.
Judge: WILLIAM C. KOCH, JR., JUDGE
URL:http://www.tba.org/tba_files/TCA/DALTONFR.OPN.WP6
C. DENBOW, v. SANDRA KAY DENBOW,
Court:TCA
MICHAEL L. WEINMAN, Tatum & Tatum, Henderson,
Attorney for Defendant/Appellant.
MIKE MOSIER, Jackson, Attorney for Plaintiff/Appellee.
First Paragraph:
This is a domestic relations case with an unusual twist. On
May 3, 1994, plaintiff filed a complaint in the Chancery
Court of Chester County seeking a divorce from defendant on
the grounds of irreconcilable differences. At the same
time, plaintiff filed a marital dissolution agreement
(agreement) executed by the parties on May 2, 1994. The
agreement provided that the parties would have joint custody
of their two minor children, then ages 13 and 15, with the
children residing with plaintiff. No child support was to
be paid by either party. In addition, the agreement did not
make any allowances for alimony and purported to divide the
real and personal property between the parties. Plaintiff
was represented by counsel at the time the parties executed
the agreement, but defendant was not. Shortly thereafter,
defendant employed counsel and on June 3, 1994, filed a
motion to set aside the agreement. In her motion defendant
contended that she was forced to sign the agreement under
duress and fear of bodily harm. She also contended that the
agreement did not adequately provide for the care and
maintenance of the parties minor children or make an
equitable settlement of the parties property as required by
T.C.A. 36-4-103(b) (1991). Defendants motion asked the
court to set the agreement aside and allow the parties to
proceed with the divorce as if the agreement had never been
executed.
Judge: TOMLIN, Sr. J.
URL:http://www.tba.org/tba_files/TCA/DENBOW.OPN.WP6
DEWEY RICHARD FARLEY and wife, PAMELA FARLEY, and TOMMY
WEST,
v.
JAMES CLAYTON, Individually and d/b/a LUV HOMES, CLAYTON
HOMES, INC.,
Court:TCA
DAVID DAY
ROBERT DURHAM
19 South Jefferson Avenue
Cookeville, Tennessee 38501
Attorneys for Plaintiffs/Appellants Dewey Richard Farley and
Pamela Farley
MARTELIA T. CRAWFORD
310A East Broad Street
Cookeville, Tennessee 38501
Attorney for Plaintiff/Appellant Tommy West
TOM CORTS
Third Floor, Noel Place
200 Fourth Avenue, North
Nashville, Tennessee 37219-8985
Attorney for Defendants/Appellees
First Paragraph:
This is an action for misrepresentations and inducement of
breach of contract relating to the trial and settlement of a
personal injury case. The original plaintiffs and a
co-defendant have sued the other defendants for
misrepresenting or concealing material facts which (1)
induced the plaintiffs to settle their original claim for
less than its worth, and (2) induced the defendants
insurance company not to represent the other defendant. The
Circuit Court of Putnam County granted summary judgment to
the defendants. We affirm.
Judge: BEN H. CANTRELL, JUDGE
URL:http://www.tba.org/tba_files/TCA/FARLEYDR.OPN.WP6
JAMES MICHAEL GEE, v. AMY ELIZABETH (MISCHELL) GEE,
Court:TCA
Laurence M. McMillan, Jr.
CUNNINGHAM, MITCHELL, HICKS & McMILLAN
310 Franklin Street
Clarksville, Tennessee 37040
ATTORNEY FOR PLAINTIFF/APPELLEE
FRANK J. RUNYON
P.O. Box 1023
Clarksville, Tennessee 37041
ATTORNEY FOR DEFENDANT/APPELLANT
First Paragraph:
The captioned defendant has appealed from a partial judgment
which resolved some, but not all, of the issues in this
divorce case. The judgment is not a final judgment
appealable as of right, and is subject to revision by the
Trial Court at any time before all issues are determined.
T.R.A.P. Rule 3(a).
Judge: HENRY F. TODD PRESIDING, JUDGE, MIDDLE SECTION
URL:http://www.tba.org/tba_files/TCA/GEEJM.OPN.WP6
CLIFFORD SCOTT GOODWIN,
v.
JUDITH ANNETTE WETZ f/k/a JUDITH ANNETTE GOODWIN,
Court:TCA
MIKE W. BINKLEY
150 Second Avenue, North
Suite 300
Nashville, Tennessee 37201
ATTORNEY FOR PETITIONER/APPELLANT
JUDITH A. WETZ (LANGLEY)
P.O. Box 584
105A Smith Street
Dannemora, New York 12929
RESPONDENT/APPELLEE/PRO SE
First Paragraph:
The captioned petitioner has appealed from the dismissal of
his suit to enroll and modify a foreign divorce decree.
Judge: HENRY F. TODD, PRESIDING JUDGE, MIDDLE SECTION
URL:http://www.tba.org/tba_files/TCA/GOODWIN.OPN.WP6
JULIUS MICHAEL HARRIS, v. SUZANNE ZULIEME HARRIS,
Court:TCA
THOMAS F. BLOOM
500 Church Street
Fifth Floor
Nashville, Tennessee 37219
ATTORNEY FOR PLAINTIFF/APPELLANT
E. COVINGTON JOHNSTON, JR.
P.O. Box 1608
Franklin, Tennessee 37065
ATTORNEY FOR DEFENDANT/APPELLEE
First Paragraph:
The plaintiff/ex-husband has appealed from the dismissal of
his post-divorce decree petition seeking relief from child
support and change of custody.
Judge: HENRY F. TODD, PRESIDING JUDGE, MIDDLE SECTION
URL:http://www.tba.org/tba_files/TCA/HARRISJM.OPN.WP6
THOMAS W. HARRISON, TERRY HARRISON, and BRENDA HARRISON
KENNAMORE,
v.
EARL LAURSEN,
Court:TCA
Robert L. Holloway, Jr.
Columbia, Tennessee
Attorney for Appellant
M. Andrew Hoover
Jack B. Henry
Andrew Hoover & Attorneys
Pulaski, Tennessee
Attorneys for Appellees
First Paragraph:
This is an appeal of a nonjury action in chancery form
originally brought to rescind a contract for the sale of
real estate and for damages to real property. The complaint
was filed on January 22, 1991. Four separate hearings have
been held in this cause. The first hearing was held without
intervention of a jury. The second and third hearings were
heard in the presence of a jury, and the fourth hearing in
this cause was held without a jury. Following the fourth
trial in the Chancery Court of Giles County, Tennessee, the
chancellor entered a judgment against appellant for
$22,279.59. The defendant, Earl Laursen, timely filed a
notice of appeal from the final order entered January 9,
1995. The defendant, Delorita Laursen, did not perfect her
appeal by filing a notice of appeal and is not before this
Court. See, e.g., Town of Carthage, Tennessee, et al. v.
Smith County, Tennessee, No. 01-A-01-9308-CH-00391 (Tenn.
App., March 8, 1995). The appeal by the
defendant/appellant, Earl Laursen, has been perfected and is
properly before this Court. The appellant contends that the
trial court erred in not having a jury hear the fourth case
and in assessing damages to the real property. We reverse
and remand for reasons that will hereinafter be shown.
Judge: WILLIAM H. WILLIAMS, SENIOR JUDGE
URL:http://www.tba.org/tba_files/TCA/HARRISNT.OPN.WP6
GERTRUDE JACKSON and JOSEPHINE J. JOHNSON,
v.
Estate of Jennie Mai Jackson, Deceased,
Court:TCA
SUSAN B. EVANS
Law Offices of Wm. D. Castleman, P.C.
213A Ward Circle
Brentwood, Tennessee 37027
WILLIAM D. CASTLEMAN
Law Offices of Wm. D. Castleman, P.C.
110 Glancy St., Suite 112
Goodlettsville, Tennessee 37072
DANIEL L. WISCHHOF
Wischhof & Allen, P.C.
110 Glancy St., Suite 109
Goodlettsville, Tennessee 37072
ATTORNEYS FOR PETITIONERS/APPELLEES
Joseph F. Welborn, III
BASS, BERRY & SIMS
2700 First American Center
Nashville, Tennessee 37238
DOUGLAS S. HALE
Hale & Hale
312 First Tennessee Bank Building
Franklin, Tennessee 37064
ATTORNEYS FOR RESPONDENT/APPELLANT
First Paragraph:
The captioned executrix has appealed from a non-jury
judgment of the Chancery Court that a will dated April 6,
1989 is the true, whole and last will and testament of
Jennie Mai Jackson, deceased.
Judge: HENRY F. TODD, PRESIDING JUDGE, MIDDLE SECTION
URL:http://www.tba.org/tba_files/TCA/JACKSONG.OPN.WP6
TERRY T. JOHNSON, v. MICHAEL H. MCCOMMON and MLG?,
Court:TCA
A. WILSON WAGES
ALICE L. GALLAHER
A. WAGES LAW FIRM
Memphis, Tennessee
Attorney for Appellant
JOSEPH G. LITTLE
Memphis, Tennessee
Attorney for Appellee, MLG?
First Paragraph:
This action was brought against Michael McCommon and Memphis
Light, Gas, and Water (MLG?) for personal injuries
sustained when McCommon, an employee of MLG?, struck
plaintiff with his vehicle. McCommon was dismissed from the
suit prior to trial. Following a bench trial, the lower
court held that plaintiff's negligence was greater than that
of the defendant and that plaintiff proximately caused her
own injuries. Because we do not find that the evidence
preponderates against the trial court's determination, we
affirm the judgment dismissing plaintiff's case.
Judge: HIGHERS, J.
URL:http://www.tba.org/tba_files/TCA/JOHNSONT.OPN.WP6
JOYCE ANN NEAL, Individually and as parent and next of kin
of the minor child, BRANDON DEVORIS NEAL,
v.
FAYETTE COUNTY BOARD OF EDUCATION, DALE SUMMITT,
Superintendent of Schools, WILLIAM A. WEDDLE, Principal of
Northwest Elementary School, JEAN BELLE, Teacher,
Court:TCA
DOROTHY W. MCARTHUR
KIM, WILLCOX & MCARTHUR
Memphis, Tennessee
Attorney for Plaintiff/Appellant
JAMES I. PENTECOST
WALDROP AND HALL, P.A.
Jackson, Tennessee
Attorney for Defendants/Appellees
First Paragraph:
This matter arose out of a personal injury action brought
against Fayette County Board of Education by plaintiff,
Joyce Ann Neal, as parent and next of kin of Brandon Neal, a
minor. Brandon, age eleven, was injured while playing
basketball when his finger became caught in the goal.
Reasoning that the goal was neither dangerous nor defective
and that Brandon caused his own injuries through his misuse
of the goal, the trial court held in favor of the school
board. On appeal, plaintiff contends that the evidence
preponderates against the trial court's determination that
the goal was not dangerous or defective. Plaintiff further
alleges that the trial court erred in failing to find that
the school board was negligent. For the reasons stated
below, we find these contentions to be without merit;
therefore, we affirm the trial court's judgment.
Judge: HIGHERS, J.
URL:http://www.tba.org/tba_files/TCA/NEALJN.OPN.WP6
OAK HIGHLANDS HOMEOWNERS ASSOCIATION, INC.,
v.
CONTINENTAL DEVELOPMENT AND CONSTRUCTION, INC., and NICHOLAS
S. PSILLAS,
Court:TCA
JAMES R. TOMKINS
Jennings and Tomkins
Suite 2240-L & C Tower
Nashville, Tennessee 37219
ATTORNEY FOR PLAINTIFF/APPELLANT
IRWIN J. KUHN
Eisenstein, Moses and Mossman
Suite 500, One Church Street Bldg.
Nashville, Tennessee 37201
ATTORNEY FOR DEFENDANTS/APPELLEES
First Paragraph:
The captioned plaintiff has appealed from the non-jury
dismissal of its suit to enforce restrictions and has
presented the following issues for review:
1. Whether Continental Development & Construction, Inc.
ever applied for architectural approval as to the nine lots
upon which it built houses.
2. Whether the Court erred in allowing the testimony of
Nicholas Psillas about the Nashville 50 joint ventures
response or lack of response to his alleged request of
architectural approval.
3. Whether Oak Highlands Homeowners Association, Inc. is
entitled to injunctive relief and a judgment against
Continental Development & Construction, Inc. for the cost of
removing overhead electrical connections and replacing them
with underground connections at the nine lots upon which it
built houses.
Judge: HENRY F. TODD, PRESIDING JUDGE, MIDDLE SECTION
URL:http://www.tba.org/tba_files/TCA/OAKHIGH.OPN.WP6
LISA J. PRINCE and husband, RICKY PRINCE,
v.
COFFEE COUNTY, TENNESSEE d/b/a COFFEE MEDICAL CENTER,
Court:TCA
RICK L. MOORE
RUSSELL D. HEDGES
J. BROOKS FOX
MOORE & HEDGES
Tullahoma, Tennessee
Attorneys for Appellants
ROBERT L. TRENTHAM
MARK TYLER SEITZ
TRABUE, STURDIVANT & DEWITT
Nashville, Tennessee
Attorneys for Appellee
First Paragraph:
This is a medical malpractice case. Plaintiffs, Lisa and
Ricky Prince, are husband and wife. Lisa Prince
("Plaintiff") was injured during out-patient surgery,
allegedly as a result of improperly administered anesthetic.
Initially, the suit was brought against Coffee Medical
Center, Dr. Ramprasand (the surgeon), and Michael Cruz (the
nurse anesthetist). Dr. Ramprasand and Cruz settled with
Plaintiffs and were dismissed prior to this action.
Plaintiff alleges on appeal that Coffee Medical Center
("CMC") was negligent in failing to establish adequate
anesthetic policies and procedures and in failing to enforce
its own anesthesia policies and procedures. The trial court
granted summary judgment in favor of CMC and Plaintiff has
appealed. For the reasons stated below, we reverse.
Judge: HIGHERS, J.
URL:http://www.tba.org/tba_files/TCA/PRINCELJ.OPN.WP6
GILES E. ROBERSON and wife HAZEL B. ROBERSON
v.
MARY MARGARET (DARWIN) WASSON and PUG MARTIN, Individually,
and d/b/a CENTURY 21 PUG MARTIN REALTY and STEPHEN N. SNYDER
and wife, BARBARA L. SNYDER
Court:TCA
HOWARD L. UPCHURCH OF PIKEVILLE FOR APPELLANTS
MATHEW D. BROWNFIELD and JOHN R. ANDERSON OF CHATTANOOGA FOR
APPELLEES STEPHEN N. SNYDER and wife BARBARA L. SNYDER
First Paragraph:
This suit was filed by Plaintiffs Giles E. Roberson and his
wife Hazel B. Roberson against Defendants Mary Margaret
(Darwin) Wasson and Pug Martin, individually, and d/b/a
Century 21 Pug Martin Realty. The Plaintiffs sought to have
the Court declare that a strip of land approximately 18 feet
in width, titled in the name of Mrs. Wasson, which lay
between two separate tracts owned by them (see appendix) "to
have been abandoned and to be non-existent." The complaint
was later amended to advance the theory of adverse
possession, and still later to add as parties Defendant
Stephen N. Snyder and wife Barbara L. Snyder, who had
purchased the property from Mrs. Wasson.
Judge: Houston M. Goddard, P.J.
URL:http://www.tba.org/tba_files/TCA/ROBERSON.OPN.WP6
EVELENE N. STEIN, v. DAVIDSON HOTEL COMPANY,
Court:TCA
PATRICIA A. MONTGOMERY
Westlake & Marsden, P.C.
Third National Financial Center
424 Church Street, Suite 1400
Nashville, Tennessee 37219
ATTORNEY FOR PLAINTIFF/APPELLANT
JOHN S. HICKS
STEPHEN H. BILLER
KATHERINE A. BROWN
Baker, Donelson, Bearman & Caldwell
1700 Nashville City Center
511 Union Street
Nashville, Tennessee 37219
First Paragraph:
This is an appeal by plaintiff/appellant, Evelene N. Stein,
from a judgment dismissing five of the seven claims alleged
by Ms. Stein against defendant/appellant, Davidson Hotel
Company ("Davidson").
Judge: SAMUEL L. LEWIS, JUDGE
URL:http://www.tba.org/tba_files/TCA/STEINEN.OPN.WP6
HARLAN WHITE,
v.
STATE OF TENNESSEE, TENNESSEE DEPARTMENT OF CORRECTION,
Court:TCA
HARLAN WHITE, Pro Se
L.C.R.C.F.
Route 1, Box 330
Tiptonville, Tennessee 38079
CHARLES W. BURSON
Attorney General and Reporter
PATRICIA C. KUSSMANN
Assistant Attorney General
Civil Rights and Claims Division
404 James Robertson Parkway
Nashville, Tennessee 37243
ATTORNEYS FOR RESPONDENTS/APPELLEES
First Paragraph:
This is an appeal by petitioner, Harlan White, from the
trial courts order dismissing his petition for declaratory
judgment on the ground that petitioner failed to exhaust his
administrative remedies.
Judge: SAMUEL L. LEWIS, JUDGE
URL:http://www.tba.org/tba_files/TCA/WHITEHAR.OPN.WP6
HAYDEN D. WILSON, JR., v. KATHRYN ANN MOORE,
Court:TCA
For the Plaintiff/Appellee: For the Defendant/Appellant:
Stephen T. Greer Jacqueline E. Schulten
Dunlap, Tennessee Chattanooga, Tennessee
First Paragraph:
This appeal involves a marriage that failed in less than
three years. The husband filed suit in the Circuit Court
for Sequatchie County seeking a divorce and the enforcement
of the parties prenuptial agreement. The wife also
requested a divorce and challenged the validity of the
prenuptial agreement. Following a bench trial, the trial
court declared the parties divorced pursuant to Tenn. Code
Ann. 36-4-129(b) (1991) and upheld the prenuptial
agreement. Accordingly, the trial court awarded the parties
their personal property and directed the husband to assume
certain credit card indebtedness and to provide the wife
medical insurance for up to thirty-six months. Both parties
take issue with various portions of the final divorce decree
on this appeal. We have determined that the trial court
erred by failing to consider the husbands income earned
during the marriage as marital property. Accordingly, we
modify the division of marital property and the award of
spousal support.
Judge: WILLIAM C. KOCH, JR., JUDGE
URL:http://www.tba.org/tba_files/TCA/WILSONHD.OPN.WP6
STATE OF TENNESSEE,v. ROBERT LEE BAILEY, JR.,
and CONCURRING OPINION
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
JEFFREY A. DeVASHER CHARLES W. BURSON
Sr Asst Public Defender Attorney General and Reporter
J. MICHAEL ENGLE SARAH M. BRANCH
Sr Asst Public Defender Assistant Attorney General
1202 Stahlman Building 450 James Robertson Parkway
Nashville, TN 37201 Nashville, TN 37243-0485
First Paragraph:
This is an appeal as of right pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure. The Defendant was
convicted on a jury verdict of the crimes of selling less
than one-half gram of cocaine and evading arrest. For the
drug offense, he was sentenced to a term of eight years to
be served as a Range II multiple offender, and for evading
arrest he was sentenced to a concurrent term of eleven
months and twenty-nine days. He appeals his convictions and
his Range II sentence. We affirm the judgment of the trial
court.
Judge: DAVID H. WELLES, JUDGE
URL:http://www.tba.org/tba_files/TCCA/BAILEYRL.OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/BAILEYRL.CON.WP6
STATE OF TENNESSEE, v. PARKER LEE BUNTING,
Court:TCCA
For Appellant: For Appellee:
Ronald P. Smith Charles W. Burson
Attorney Attorney General & Reporter
P.O. Box 1627
Knoxville, TN 37901 Timothy F. Behan
(on appeal) Assistant Attorney General
Criminal Justice Division
David J. Poss 450 James Robertson Parkway
Attorney Nashville, TN 37243-0493
1627 Polk Wright Lane
Knoxville, TN 37919 Randall E. Nichols
(at trial) District Attorney General
and
Zane Scarlett
Asst District Attorney General
Knox County District AG Office
City-County Building
Knoxville, TN 37902
First Paragraph:
The defendant, Parker Lee Bunting, was convicted in a bench
trial on two counts of aggravated assault. The trial court
imposed Range I, consecutive sentences of five years on each
count. In this appeal of right, the defendant challenges
the sufficiency of the evidence. We find no error and
affirm the judgment of the trial court.
Judge: GARY R. WADE, JUDGE
URL:http://www.tba.org/tba_files/TCCA/BUNTINGP.OPN.WP6
STEVE HENLEY, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
JACK E. SEAMAN CHARLES W. BURSON
611 Commerce St., Attorney General & Reporter
Nashville, TN 37203
JOHN H. BAKER
PAUL S. DAVIDSON Asst. Attorney General
424 Church St. 450 James Robertson Pkwy.
Nashville, TN 37219 Nashville, TN 37243-0493
TOM P. THOMPSON
District Attorney General
JOHN WOOTEN
Asst. District Attorney General
P. O. Box 178
Hartsville, TN 37074
First Paragraph:
The petitioner was convicted by a jury of two counts of
first-degree murder and one count of aggravated arson. The
jury set the petitioners punishment at death by
electrocution for the murder convictions, and the court
sentenced him to twenty years for the arson offense. The
petitioner's convictions and sentences were affirmed by our
Supreme Court on direct appeal. State v. Henley , 774 S.W.2d
908 (Tenn. 1989). He then filed a petition for
post-conviction relief which was denied after a hearing.
Judge: JOHN H. PEAY, Judge
URL:http://www.tba.org/tba_files/TCCA/HENLEYST.OPN.WP6
STATE OF TENNESSEE, v. RALPH JACKSON HOUSEWRIGHT,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Stephen M. Wallace Charles W. Burson
District Public Defender Attorney General/Reporter
450 James Robertson Parkway
Gale K. Flanary Nashville, Tennessee 37243
Assistant Public Defender
P. O. Box 839 Elizabeth T. Ryan
Blountville, Tennessee 37617 Asst Atty. Gen. & Reporter
450 James Robertson Parkway
Nashville, Tennessee 37243
H. Greeley Wells, Jr.
District Attorney General
Phyllis Miller
Asst. District AG
Blountville, TN 37617
First Paragraph:
The appellant, Ralph Jackson Housewright, was convicted of
aggravated burglary and theft of property valued at over
$1,000.00. The jury assessed a $3,000.00 fine for the theft
conviction. The appellant was sentenced as a Range II
multiple offender to eight (8) years for the aggravated
burglary conviction and to six (6) years for the theft
conviction. The court ordered the sentences to be served
consecutively and denied the appellants request for
probation or community corrections.
Judge: WILLIAM M. BARKER, JUDGE
URL:http://www.tba.org/tba_files/TCCA/HOUSEWRT.OPN.WP6
STATE OF TENNESSEE, v. BARRY HUGHES,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Leonard "Mike" Caputo Charles W. Burson
Phillips & Caputo Attorney General & Reporter
Attorneys at Law
312 Vine Street Hunt S. Brown
Chattanooga, TN 37403 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Jerry N. Estes
District Attorney General
G. Scott Kanavos
Asst District Attorney General
203 E. Madison Avenue
P.O. Box 647
Athens, TN 37371
First Paragraph:
The appellant, Barry Hughes, challenges, by extraordinary
appeal, the trial court's judgment affirming the district
attorney general's denial of his application for pretrial
diversion. The appellant sought to divert two counts of
official oppression, one count of official misconduct, and
one count of fabricating evidence. The charges stem from
allegations that, while performing his duties as a police
officer, he planted cocaine in a civilian's car. We affirm.
Judge: PAUL G. SUMMERS, Judge
URL:http://www.tba.org/tba_files/TCCA/HUGHESB.OPN.WP6
STATE OF TENNESSEE,v. SUSIE LOWE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Shipp R. Weems Charles W. Burson
District Public Defender Attorney General & Reporter
Robbie T. Beal Charlotte H. Rappuhn
Asst. Public Defender Assistant Attorney General
P.O. Box 160 Criminal Justice Division
Charlotte, TN 37036 450 James Robertson Parkway
Nashville, TN 37243-0493
Dan M. Alsobrooks
District Attorney General
Suzanne Lockert
Asst. Dist. Attorney General
P.O. Box 580
Charlotte, TN 37036
First Paragraph:
The appellant, Susie Lowe, was convicted following a jury
trial of sale of cocaine. Her sole issue in this appeal is
whether the trial court erred by allowing into evidence her
prior drug use and dealings. We affirm the conviction.
Judge: PAUL G. SUMMERS, Judge
URL:http://www.tba.org/tba_files/TCCA/LOWESUS.OPN.WP6
JIMMY DAVID McELROY, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
ELLERY E. HILL, JR. CHARLES W. BURSON
Charter Federal Bldg. Attorney General & Reporter
531 S. Gay St., Suite 1515
Knoxville, TN 37902 DARIAN B. TAYLOR
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
CHARLES E. HAWK
District Attorney General
ROGER DELP
Asst. District AG
P.O. Box 703
Kingston, TN 37763
First Paragraph:
The petitioner was charged with driving under the influence
(DUI), second offense, on June 16, 1993. Although the
technical record contains no other affidavit of complaint,
he was apparently also charged with possession of a
controlled substance (diazepam). The petitioner pled guilty
in General Sessions Court to DUI, first offense. He
apparently also pled guilty to the charge of possession
although the record contains no copy of the judgment entered
in that case. He was sentenced to eleven months,
twenty-nine days on the DUI charge, suspended except for
eight days. The conviction and sentence were upheld on
direct appeal to the Criminal Court for Loudon County.
Judge: JOHN H. PEAY, Judge
URL:http://www.tba.org/tba_files/TCCA/MCELROYJ.OPN.WP6
WAYNE E. MITCHELL, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
TERRY J. CANADY CHARLES W. BURSON
211 Printers Alley Bldg. Attorney General & Reporter
Suite 400
Nashville, TN 37201 CLINTON J. MORGAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
VICTOR S. JOHNSON
District Attorney General
RENEE ERB
Assistant District AG
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
First Paragraph:
The Petitioner appeals pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure. After conducting an
evidentiary hearing, the trial court denied the Petitioners
request for post-conviction relief from his convictions of
aggravated burglary and aggravated rape. We affirm the
judgment of the trial court.
Judge: DAVID H. WELLES, JUDGE
URL:http://www.tba.org/tba_files/TCCA/MITCHELW.OPN.WP6
STATE OF TENNESSEE, v. DANNY R. MORRIS,
and DISSENTING OPINION
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL J. FLANAGAN CHARLES W. BURSON
DALE M. QUILLEN Attorney General & Reporter
95 White Bridge Rd.,
Nashville, TN 37205 ELLEN H. POLLACK
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
DAN M. ALSOBROOKS
District Attorney General
GEORGE C. SEXTON
Asst. District Attorney General
Humphreys County Courthouse
Waverly, TN 37185
First Paragraph:
The defendant, Danny R. Morris, was convicted at a jury
trial of aggravated robbery, a Class B felony. The trial
court sentenced the defendant as a Range I offender to a
term of confinement of twelve years in the Department of
Correction.
Judge: JOHN H. PEAY, Judge
URL:http://www.tba.org/tba_files/TCCA/MORRISDA.OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/MORRISDA.DIS.WP6
STATE OF TENNESSEE, v. JAMES C. NELSON and ALICIA NELSON,
Court:TCCA
For Appellant: For Appellees:
Charles W. Burson Niles S. Nimmo
Attorney General & Reporter Attorney
Realtors Building, Suite 200
Eugene J. Honea 306 Gay Street
Assistant Attorney General Nashville, TN 37201
Criminal Justice Division (for James C. Nelson)
450 James Robertson Parkway
Nashville, TN 37243-0493 Michael J. Flanagan
Attorney
Suzanne M. Lockert 95 White Bridge Rd. #208
Asst. Dist. Attorney General Nashville, TN 37205
P.O. Box 580 (for Alicia Nelson)
Charlotte, TN 37036
First Paragraph:
The defendants, James C. Nelson and Alicia Nelson, were
indicted for possession of marijuana with the intent to
resell. James Nelson was also indicted for possession of a
weapon with the intent to go armed. In this appeal by the
State of Tennessee, the single issue presented for review is
whether the trial court erred by ordering the suppression of
evidence acquired incident to the issuance of a search
warrant. We affirm the judgment of the trial court.
Judge: GARY R. WADE, JUDGE
URL:http://www.tba.org/tba_files/TCCA/NELSONJC.OPN.WP6
STATE OF TENNESSEE, v. HUGH NICELY,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Gregory D. Smith Charles W. Burson
Attorney at Law Attorney General & Reporter
One Public Square
Clarksville, TN 37040 Ellen H. Pollack
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Patrick H. McCutchen
District AG (former)
Dent Morriss
Asst. Dist. Attorney General
507 Public Square
Springfield, TN 37172
First Paragraph:
A jury convicted the appellant, Hugh Nicely, on seven counts
of aggravated rape, one count of aggravated sexual battery,
and one count of child rape. He received an effective
sentence of fifty-three (53) years. He raises four issues
on appeal:
1. Whether the evidence was sufficient to sustain the
verdicts.
2. Whether the cross-examination of the victim violated his
right to due process.
3. Whether his right to due process was violated by
introduction of his father's alleged prior bad acts.
4. Whether consecutive sentencing was improper and
excessive.
We affirm in part and reverse and remand in part.
Judge: PAUL G. SUMMERS, Judge
URL:http://www.tba.org/tba_files/TCCA/NICELYHU.OPN.WP6
DAVID T. REDFERN, v. RICKY J. BELL,
Court:TCCA
For the Appellant: For the Appellee:
David T. Redfern,
#136890 (Pro Se) Charles W. Burson
Unit 1-B-57 Attorney General of Tennessee
Turney Center, Rt. #1 and
Only, TN 37140-9709 Darian B. Taylor
Asst Attorney General of TN
450 James Robertson Parkway
Nashville, TN 37243-0493
Joseph D. Baugh
District Attorney General
P.O. Box 397
Franklin, TN 37065-0937
First Paragraph:
The petitioner, David T. Redfern, appeals as of right from
the dismissal of his petition for habeas corpus relief by
the Hickman County Circuit Court. The petitioner asserts
that his present sentence of ten years that he received in
July 1990 for the offense of aggravated sexual battery,
committed in 1988, is void because it violates the
prohibition against ex post facto laws, the right to due
process of law, and the right to equal protection of the
law. We disagree.
Judge: Joseph M. Tipton Judge
URL:http://www.tba.org/tba_files/TCCA/REDFERND.OPN.WP6
JAMES LEE TURNBILL, v. STATE OF TENNESSEE,
Court:TCCA
For the Appellant: For the Appellee:
Leslie M. Jeffress Charles W. Burson
1776 Riverview Tower Attorney General of Tennessee
900 S. Gay Street and
Knoxville, TN 37902 Eugene J. Honea
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
and
Marsha Selecman
Assistant District AG
City-County Building
Knoxville, TN 37902
First Paragraph:
The petitioner, James Lee Turnbill, appeals as of right from
the Knox County Criminal Courts dismissal of his fourth
petition for post-conviction relief because it was untimely
filed. The petitioner was convicted of first degree murder
and sentenced to life imprisonment in the custody of the
Department of Correction. His conviction and sentence were
affirmed on appeal. State v. Turnbill, 640 S.W.2d 40 (Tenn.
Crim. App.), app. denied (Tenn. 1982).
Judge: Joseph M. Tipton, Judge
URL:http://www.tba.org/tba_files/TCCA/TURNBILL.OPN.WP6
STATE OF TENNESSEE, v. CURTIS WARREN,
Court:TCCA
For the Appellant: For the Appellee:
Natalee Staats Hurley Charles W. Burson
Asst. Dist. Public Defender Attorney General /Reporter
318 Court Street
Maryville, TN 37801 Clinton J. Morgan
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Michael L. Flynn
District Attorney General
Edward P. Bailey, Jr.
Asst. District AG
363 Court Street
Maryville, TN 37804-5906
First Paragraph:
The appellant, Curtis Warren, appeals as of right his
conviction by a jury for the offense of assault, a class A
misdemeanor, entered by the Circuit Court of Blount County.
The trial court sentenced the appellant to eleven months and
twenty-nine days in the county jail. The court then
suspended all but fifteen days of the appellants sentence
and ordered the appellant to serve the balance on supervised
probation. Additionally, the jury imposed the maximum fine
of $1,000.00. The appellant presents two issues for our
review. First, he challenges the sufficiency of the
evidence to support the conviction. Second, he contends
that the trial court erred in not granting total probation.
Judge: David G. Hayes, Judge
URL:http://www.tba.org/tba_files/TCCA/WARRENC.OPN.WP6
PATRICK WILLIAMS, v. STATE OF TENNESSEE,
Court:TCCA
For Appellant: For Appellee:
Robert J. Turner Charles W. Burson
208 Third Avenue North Attorney General and Reporter
Suite 300
Nashville, TN 37201 Michelle L. Lehmann
Counsel for the State
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Katrin Miller
Asst. District Attorney General
Washington Square, Suite 500
222 Second Avenue South
Nashville, TN 37201
First Paragraph:
The petitioner, Patrick Williams, appeals the trial court's
denial of his petition for post-conviction relief. The
issues presented for our review are as follows:
(1) whether the petitioner received the effective assistance
of counsel;
(2) whether the petitioner entered his guilty pleas
knowingly and voluntarily; and
(3) whether the petitioner agreed to serve an illegal
sentence which should be set aside.
Judge: GARY R. WADE, JUDGE
URL:http://www.tba.org/tba_files/TCCA/WILLAMSP.OPN.WP6
LARRY T. YOUNG, v. STATE OF TENNESSEE,
and CONCURRING OPINION
Court:TCCA
For Appellant: For Appellee:
Douglas A. Trant Charles W. Burson
Attorney Attorney General and Reporter
900 South Gay Street
Suite 1502 Christina S. Shevalier
Knoxville, TN 37902 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
Fred Bright
Asst. District Attorney General
City-County Building
Knoxville, TN 37902
First Paragraph:
The petitioner, Larry T. Young, appeals the trial courts
denial of post-conviction relief. The issues presented for
review are as follows:
(1) whether petitioners four prior convictions used in
finding the petitioner to be a habitual criminal violated
double jeopardy principles, thus requiring his habitual
criminal conviction to be set aside;
(2) whether the Knox County Juvenile Court was required to
conduct a hearing under Tenn. Code Ann37-234(a)(4)
(Supp. 1973) to determine the mental status of the
petitioner prior to transferring the charges to Knox County
Criminal Court;
(3) whether the petitioner was denied the effective
assistance of counsel at the guilty plea hearing and at the
habitual criminal trial; and
(4) whether the petitioners mental retardation and low
level of education barred application of the waiver defense.
Judge: GARY R. WADE, JUDGE
URL:http://www.tba.org/tba_files/TCCA/YOUNGLT.CON.WP6
URL:http://www.tba.org/tba_files/TCCA/YOUNGLT.OPN.WP6
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