TBALink Opinion-Flash

May 24, 1996 -- Volume #2 -- Number #50

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.

This Issue IN THIS ORDER:
3 New Opinons From TSC
- New Opinons From TSC-Rules
- New Opinons From TSC-Workers Comp Panel
19 New Opinons From TCA
5 New Opinons From TCCA

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TBALink Co-Chief Editor

JACK H. BLAIR,  v. SARAH CAMPBELL,  

Court:TSC

For Plaintiff-Appellant:    For Defendant-Appellee:

R. Sadler Bailey            William W. Dunlap, Jr.
Law Offices of Bailey       Harris, Shelton, Dunlap 
& Associates                & Cobb                          
Memphis, Tennessee          Memphis, Tennessee
                        
First Paragraph:

In this premises liability case the plaintiff, Jack H.
Blair, appeals from the Court of Appeals affirmance of the
summary judgment granted in favor of the defendant, Sarah
Campbell.  The issue for our determination is whether the
defendant, the owner of the premises, owed to the plaintiff,
an independent contractor hired by the defendant to repair a
leaking roof, a duty to provide a reasonably safe place to
work under the facts of this case.  Although a premises
owner generally owes a contractor the duty to provide a
reasonably safe workplace, we conclude that this duty does
not apply when the contractor is injured while making the
specific repairs called for in the contract.  Since it is
undisputed that the plaintiff was so injured in this case,
we affirm the judgment of the Court of Appeals and the trial
court.

Judge: FRANK F. DROWOTA III JUSTICE

URL:http://www.tba.org/tba_files/TSC/BLAIRJAC.OPN.WP6
Opinion-Flash

MARK KOCH, d/b/a COMMERCIAL PAINTING COMPANY, INC.,
v.
CONSTRUCTION TECHNOLOGY, INC., and FIDELITY AND DEPOSIT
COMPANY OF MARYLAND,

Court:TSC

For Plaintiff-Appellant:        For Defendants-Appellees:

Michael I. Less                 David A. Velander
Scott A. Frick                  Craig M. Beard
Less, Getz & Lipman             Novick, Velander & Anderson
Memphis, Tennessee              Memphis, Tennessee

Amicus Curiae:

Gerald B. Kirksey   
Patricia C. Kussman

Wesley Kliner
David R. Kendrick
William D. Flatt
American Subcontractors Assn.   
                      
First Paragraph:

This case involves a contract dispute between Mark Koch
(d/b/a Commercial Painting Company, Inc.) and Construction
Technology, Inc., (CTI), the former a painting subcontractor
and the latter the general contractor on a construction
project owned by the Memphis Housing Authority (MHA). The
issues for our determination are as follows: (1) whether the
Court of Appeals erred in construing the pay when paid
clause in the subcontract as a condition precedent, thereby
making Kochs right to payment dependent upon CTIs receipt
of payment from MHA; and (2) whether the Court of Appeals
erred in construing the bond given by CTI to Koch as a
statutory bond rather than a common law bond, which had the
effect of precluding Kochs right of action against Fidelity
and Deposit Company of Maryland (FDCM), the surety on the
bond.  For the following reasons, we hold that the Court of
Appeals erred on both issues; therefore, we reverse the
judgment of that court and remand the cause for further
proceedings.

Judge: FRANK F. DROWOTA III JUSTICE

URL:http://www.tba.org/tba_files/TSC/KOCHMARK.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. DAVID R. SHELTON,

Court:TSC

For Appellee:                   For Appellant:

Charles W. Burson               Gregory D. Smith
Attorney General & Reporter     Clarksville, Tennessee

Michael E. Moore
Solicitor General

Gordon W. Smith
Associate Solicitor General
Nashville, Tennessee

Steve Garrett
Assistant District Attorney General
Clarksville, Tennessee
                       
First Paragraph:

This case presents the question of whether a trial court
may, pursuant  to Tenn. Code Ann.  55-10-403(b)(2), waive
the mandatory fine for driving under the influence (DUI) if
the defendant is found to be indigent.  Because we conclude
that the court does have this authority, we reverse the
judgment of the Court of Criminal Appeals and remand the
case for further proceedings.

Judge: FRANK F. DROWOTA III JUSTICE

URL:http://www.tba.org/tba_files/TSC/SHELTOND.OPN.WP6
Opinion-Flash

EARL GENE HESS, JR., Individually, and A/N/F FOR MINORS
ELIZABETH GRACE HESS and EARL GENE HESS, JR.
v.
PATRICIA LOUISE HESS         

Court:TCA

EARL GENE HESS, APPELLANT, PRO SE 

DAIL R. CANTRELL, WITH CANTRELL, PRATT & VARSALONA, OF
CLINTON, TENNESSEE, FOR APPELLEE                     

First Paragraph:

This case is a classic example of a husband's abusing the
legal process to harass his ex-wife.

Judge: Clifford E. Sanders, Sp.J.

URL:http://www.tba.org/tba_files/TCA/46HESS.OPN.WP6
Opinion-Flash

ELIZABETH B. MORRISON  v. RICHARD T. MORRISON  

Court:TCA

DENISE S. TERRY, WITH TERRY, TERRY & STAPLETON, OF
MORRISTOWN, TENNESSEE, and D. SCOTT HURLEY, WITH HURLEY,
SHARP & ATTANASIO, OF KNOXVILLE, TENNESSEE, FOR APPELLANT

RICHARD C. JESSEE and MARK A. COWAN, WITH BACON, JESSEE,
PERKINS & SWANSON, OF MORRISTOWN, TENNESSEE, FOR APPELLEE
                        
First Paragraph:

The Plaintiff appeals from a divorce decree insofar as it
relates to a division of marital property, alimony,  child
support, and attorneys' fees. We modify the decree and
remand.

Judge: Clifford E. Sanders, Sp.J.

URL:http://www.tba.org/tba_files/TCA/46MORRIS.OPN.WP6
Opinion-Flash

CAROL WAGGONER BROWDER  v. RHEA R. BROWDER  

Court:TCA

DAVID W. BLANKENSHIP OF KINGSPORT FOR APPELLANT

J. POLK COOLEY OF ROCKWOOD FOR APPELLEE
                       
First Paragraph:

Carol Waggoner Browder, former wife of Rhea R. Browder,
filed a post-divorce petition seeking an increase of child
support for the parties' older son, Anker, and their younger
son, Christopher.  The Trial Court found that she had not
carried the burden of showing a change in circumstance,
justifying an increase in the child support award.

Judge: Houston M. Goddard, P.J.

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

BETTY ANN COX, v. GENERAL MOTORS CORPORATION,

Court:TCA

STANLEY J. KLINE
Memphis, Tennessee
Attorney for Appellant

LARRY E. KILLEBREW
CHARLES F. MORROW
BAKER, DONELSON, BEARMAN & CALDWELL
Memphis, Tennessee
Attorneys for Appellee
                       
First Paragraph:

This products liability case arises from a fire that
originated in plaintiff's car and spread to her house,
resulting in substantial personal injury and property
damage.  Plaintiff filed suit against General Motors Corp.
and Courtesy Pontiac, Inc., alleging various negligence and
strict liability theories of recovery.  Courtesy Pontiac
prevailed on its motion for summary judgment, and the case
went to jury trial only against General Motors.  The jury
returned a verdict in favor of General Motors and judgment
was entered accordingly.   Plaintiff argues on appeal that
the trial court erred in prohibiting her from pursuing
strict liability claims against defendant, in excluding
certain evidence, and in improperly instructing the jury. 
For the reasons hereinafter stated, we reverse the judgment
of the court below.

Judge: HIGHERS, J.

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

IN THE MATTER OF:
THE ESTATE OF MONICA GENE LEE- CUOZZO, DECEASED.
LOUIS GEORGE LESCE, III and DAVID J. WAYNICK, Co-Executors,
v.
WALTER CUOZZO,              

Court:TCA

WALTER CUOZZO
4892 Whittier Drive
Old Hickory, Tennessee 37138
FOR PETITIONER/APPELLEE/PRO SE

David J. Waynick
WAYNICK, CATE & TAYLOR
211 Donelson Pike, Suite 2
P.O. Box 148058
Nashville, Tennessee 37214
ATTORNEY FOR RESPONDENT/APPELLANT
                        
First Paragraph:

Walter Cuozzo, surviving spouse of Monica Gene Lee-Cuozzo,
deceased, has appealed from the judgment of the Trial Court
dismissing his Petition for Elective Share, Years Support
and Exempt Property as untimely filed.

Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION

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

DAVID CARL DUNCAN,  v. BRENDA M. PAGE, CLERK AND MASTER,          

Court:TCA

DAVID CARL DUNCAN, #99054
RMSI, Unit 2, D-208
7475 Cockrill Bend Industrial Road
Nashville, Tennessee 37209-1010
Pro Se/Plaintiff/Appellant

WILLIAM R. WRIGHT
LEAH MAY DENNEN
Office of the Law Director
Sumner County Administration Building
355 North Belvedere Drive, Room 208
Gallatin, Tennessee 37066
Attorneys for Defendant/Appellee
                         
First Paragraph:

The plaintiff below sued the Clerk and Master of Sumner
County under Tenn. Code Ann. 26-1-207 for failing to issue
an execution.  The Circuit Court of Sumner County granted
the defendants motion to dismiss under Rule 12.02(6), Tenn.
R. Civ. Proc.

Judge: BEN H. CANTRELL, JUDGE

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

IN THE MATTER OF:
DANNY RAY FILLINGER, JR., DOB:  6/27/89, AMY MICHELLE
FILLINGER, DOB: 6/1/90, Children Under Eighteen Years of
Age, AGAPE CHILD AND FAMILY SERVICES, INC.
v.
DANNY FILLINGER, SR. and TERESA FILLINGER,

Court:TCA

Barbara B. Johnson,
Memphis Area Legal Services, Inc., Memphis, Tennessee
Attorney for Respondents/Appellants.

Leah J. Roen, Memphis, Tennessee
Guardian Ad Litem for Danny Ray Fillinger, Jr. and Amy Michelle Fillinger,

B. R. Hester, Bartlett, Tennessee
Attorney for Petitioner/Appellee Agape Child and Family Services, Inc.
                    
First Paragraph:

The parental rights of Danny and Teresa Fillinger to their
children, Danny Ray, Jr. and Amy Michelle, were terminated
by the Juvenile Court of Memphis and Shelby County after a
hearing on May 4, 1994.  The hearing was pursuant to a
petition filed by Agape Child and Family Services, Inc.
(Agape) in whose custody the children had remained since
August 1992.  The trial court granted the petition after
making the requisite statutory findings.  The Fillingers
have appealed, presenting the following issues for our
review:

Judge: FARMER, J.

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

INDEPENDENCE ONE MORTGAGE CORPORATION,
v.
STATE AUTO INSURANCE COMPANIES, BETH BROOKS, ATTORNEY, AND
HOMER SOWELL, d/b/a H/S CONSTRUCTION,

Court:TCA

ARNOLD M. WEISS and ERICH W. MERRILL, Memphis,
Attorneys for Appellant.

BRIAN A. WAMBLE, Shuttleworth, Smith, McNabb & Williams,
Memphis, Attorney for Appellee State Auto Insurance
Companies.

JAMES L. KIRBY, Harris, Shelton, Dunlap & Cobb, Memphis,
Attorney for Appellee Beth Brooks. 
                       
First Paragraph:

Independence One Mortgage Corporation (plaintiff) has
appealed from an order of the Chancery Court of Shelby
County granting both the motion to dismiss of State Auto
Insurance Companies and the motion for summary judgment of
Beth Brooks (defendants or by name).  The sole issue
presented by plaintiff on appeal is whether the trial court
erred in holding that State Auto owed plaintiff no duty to
pay it damages resulting from a breach of a construction
contract between a third party and the estate of plaintiffs
insured.  We find no error and affirm.

Judge: TOMLIN, Sr. J.

URL:http://www.tba.org/tba_files/TCA/INDEPEND.MEM.WP6
Opinion-Flash

STANLEY ERROLL MARLAR,v. BRENDA ANN BLAKEMAN MARLAR,

Court:TCA

Donald Arkovitz
Nashville, Tennessee
Attorney for Appellant
                    
John M. L. Brown
Nashville, Tennessee
Attorney for Appellee
                             
First Paragraph:


This is a post-divorce proceeding.  Appellant, Brenda
Marlar, filed a petition in the Probate Court of Davidson
County, seeking to extend her rehabilitative alimony.  The
trial court denied her petition.  For the reasons stated
below, we affirm.

Judge: HIGHERS, J.

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

CALVIN MCADOO,  v. HERESA ANN MCADOO,

Court:TCA

R. Eddie Davidson
Nashville, Tennessee
Attorney for Appellant

Kathryn G. Brinton
Nashville, Tennessee
Attorney for Appellee                       

First Paragraph:

This is a divorce case.  After dividing the marital
property, the trial judge ordered Husband to pay a portion
of wifes attorneys fees and rehabilitative alimony. 
Husband has appealed from the trial courts judgment.  For
the reasons stated below, we affirm.

Judge: HIGHERS, J.

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

NATIONAL ADVERTISING, INC., 
v.
McCORMICK ASHLAND CITY AND NASHVILLE RAILROAD, INC., and
CHEATHAM COUNTY RAIL AUTHORITY, and McCORMICK ASHLAND CITY
AND NASHVILLE RAILROAD, INC.,
v.
CHEATHAM COUNTY RAIL AUTHORITY, et al.,     

Court:TCA

JERE R. LEE
222 Second Avenue North, Suite 360-M
Nashville, Tennessee 37201
Attorney for McCormick Ashland City and Nashville Railroad, Inc.

FRANK G. ABERNATHY
1801 West End Avenue, Suite 1800
Nashville, Tennessee 37203
Attorney for Cheatham County Rail Authority

W. EDWARD RAMAGE
201 Fourth Avenue N., Suite 1700
Nashville, Tennessee 37219
Attorney for Central of Tennessee Railway and Navigation Co.
                      
First Paragraph:

After the main issues between these parties had been decided
and affirmed on appeal, the Chancery Court of Davidson
County awarded the funds being held by the court to the
appellee, McCormick Ashland City and Nashville Railroad,
Inc. (MACO).  The Cheatham County Rail Authority (CCRA) and
Central of Tennessee Railway and Navigation Company,
Incorporated (Central) appeal.  We affirm.

Judge: BEN H. CANTRELL, JUDGE

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

MOTORCARRIER PETROLEUM GROUP, INC., d/b/a MPG,
v.
T. R. AUTO TRUCK PLAZA, T.R. ENTERPRISES, INC., RICK LEWIS,
Individually,

Court:TCA

W. Ray Jamieson and Benjamin T. Wages, Jr., of Memphis
For Appellee

James T. Allison of Memphis
For Appellant
                         
First Paragraph:

This case is before the Court on stipulation of the parties
for accelerated appeal pursuant to Rule 13, Rules of the
Court of Appeals.  Defendant, Rick Lewis, appeals from the
order of the trial court granting summary judgment against
him and T. R. Auto Truck Plaza (T.R. Auto) to plaintiff,
Motorcarrier Petroleum Group (Motorcarrier), on its
complaint to confirm an arbitration award.

Judge: W. FRANK CRAWFORD,

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

CHRISTINE BRADLEY NEBLETTE,  
v.
THE CITY OF CHATTANOOGA FIREMANS AND POLICEMANS INSURANCE
AND PENSION FUND BOARD,

Court:TCA

ARVIN H. REINGOLD, P.C., Chattanooga, for Appellant.

ROBERT L. MOON, JR. and MICHAEL S. PRICHARD, Chattanooga, 
for Appellee.
                        
First Paragraph:

On remand from this court, the trial court ruled that the
plaintiff police officers disability pension payments would
commence, retroactively, as of April 14, 1992, and that the
amount of those payments would be determined pursuant to the
terms of the pension plan in effect prior to January 1,
1993.  The City of Chattanooga Firemans and Policemans
Insurance and Pension Fund Board (Board) appeals, arguing
that the award should start, and be calculated, as of
February 2, 1993, under the terms of the new pension plan. 
We agree with the trial courts determination that the old
plan applies to Neblettes disability; however, we find and
hold that the payments should commence as of October 15,
1992.  The trial courts judgment is modified to so provide.

Judge: Charles D. Susano, Jr., J.

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

FELTON M. SMITH and MARY L. SMITH
v. 
AMERISURE INSURANCE COMPANY     
                
Court:TCA

JOHN C. CAVETT, JR., OF CHATTANOOGA FOR APPELLANTS

PAUL CAMPBELL, JR., OF CHATTANOOGA FOR APPELLEE
                        
First Paragraph:

The Plaintiffs, Felton M. Smith and his wife Mary L. Smith,
appeal for the second time the entry of a summary judgment
in favor of the Defendant Amerisure Insurance Company in
their suit seeking recovery under a fire insurance policy
issued by Amerisure.

Judge: Houston M. Goddard, P.J. 

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

JOANNA MARTINDALE,          
v.
UNION PLANTERS NATIONAL BANK,   
                        
UNION PLANTERS NATIONAL BANK,   
v.
PATRICIA COX BAKER and      
JEREL ALLEN COX,        
and                     
DAN COX,                    

Court:TCA

FLOYD S. FLIPPIN
ADAMS, RYAL & FLIPPIN, ATTORNEYS-P.C.
Humboldt, Tennessee
Attorney for Appellants

WARREN MILLER
WILLIAM A. LING
Memphis, Tennessee
Attorneys for Appellee, Joanna Martindale

ROBERT F. MILLER
WOLFF ARDIS, P.C.
Memphis, Tennessee
Attorney for Appellee, Union Planters National Bank

S. JASPER TAYLOR, IV
Bells, Tennessee
Attorney for Appellee, Dan Cox                    

First Paragraph:

This is a will construction case involving the
interpretation of a testamentary trust provision.

Judge: ALAN E. HIGHERS, J.

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

WESTLAND WEST COMMUNITY ASSOCIATION, BRIAN JOHN BAXTER,
GEORGE HANNYE, JAMES JOSEPH NEUTENS, MARY IRENE NEUTENS, NED
RUSSELL, AUGUST DENNIG,
v.
KNOX COUNTY, COMMISSION OF KNOX COUNTY, THOMAS M. SCHRIVER,
JIMMY S. DOSS, MAURICE W. HILL,

Court:TCA

COURTNEY N. PEARRE of BAKER, DONELSON, BEARMAN & CALDWELL,
Knoxville, for Appellants THOMAS M. SCHRIVER, JIMMY S. DOSS,
and MAURICE W. HILL

MICHAEL W. MOYERS, Senior Deputy Law Director of the KNOX
COUNTY LAW DEPARTMENT, Knoxville, for Appellants KNOX COUNTY
and COMMISSION OF KNOX COUNTY

G. W. MORTON, JR., of MORTON & MORTON, Knoxville, for
Appellees
                       
First Paragraph:

This case involves the rezoning of some 16.8 acres of
property located in the northwest quadrant of the
intersection of Pellissippi Parkway and Westland Drive in
Knox County.  The Commission of Knox County (County
Commission), the legislative branch of the government of
Knox County, rezoned the subject tract from Agricultural (A)
to Planned Commercial (PC).  In response to a complaint
filed by a neighborhood association and residents of
surrounding neighborhoods, the Chancellor, following a
non-jury hearing, held that the parties who sought the
rezoning had failed to comply with T.C.A.  13-7-105.  She
concluded that the rezoning was void and of no effect. 
Knox County, the County Commission, and the parties seeking
to rezone the subject property, appeal, contending that the
Chancellor erred, as a matter of law, in voiding the County
Commissions decision to rezone the property.  The
plaintiffs, on the other hand, urge us to sustain the
Chancellors action on the T.C.A.  13-7-105 issue.  In the
alternative, they argue that the action of the County
Commission should be nullified because that body was not
authorized to act, as it admittedly did, by a single vote
passage of a resolution rather than passage on two votes of
an ordinance.

Judge: Charles D. Susano, Jr., J.

URL:http://www.tba.org/tba_files/TCA/WESTLAND.OP.WP6
Opinion-Flash

CHARLES M. WHITE, v. MARY EVELYN WHITE, 

Court:TCA

ATTORNEYS: N/A                          

First Paragraph:

ORDER ON PETITION TO REHEAR
Counsel for appellant has filed a petition to rehear based
on the statement in the courts opinion that [i]t is
undisputed that the wife did not repudiate the stipulated
agreement regarding property settlement at any time prior to
the entry of the original final decree of divorce.  Counsel
takes offense at this statement and avers that he is
undertaking to check out and read several library books on
the art of effective communication because he stated
otherwise during oral argument before the court.

Judge: HIGHERS, J.

URL:http://www.tba.org/tba_files/TCA/WHITE.ORD.WP6
Opinion-Flash

PAMELA M. WINTERS,  
v.
ESTATE OF FRANK JONES, SR., FRANK JONES, JR., executor of
the estate of FRANK JONES, SR., deceased, FIRST AMERICAN
INSURANCE COMPANY,

Court:TCA

SHANNON D. FAULKNER, III
Suite 625, Two Centre Square
625 Gay Street
Knoxville, Tennessee 37902
Attorney for Plaintiff/Appellant

W. BRYAN BROOKS
SCOTT A. RHODES
Suite 2600, The Tower
611 Commerce Street
Nashville, Tennessee 37201
Attorney for Appellee First American Insurance Company
                    
First Paragraph:

An injured passenger filed suit against the estate of the
driver of an automobile that collided with the bus in which
she was riding.  A summons and a copy of the complaint were
served on the plaintiffs uninsured motorist carrier, in
accordance with the provisions of Tenn. Code Ann. 
56-7-1206.  The trial court granted summary judgment to the
insurer, on the ground that the plaintiff had failed to
obtain service on the executor within the statute of
limitations.  We affirm.

Judge: BEN H. CANTRELL, JUDGE

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

WAYNE WRAY, 
v. 
ESTATE OF JAMES FRANKLIN WRAY, LEIGH ANN WRAY, 
ADMINISTRATRIX,

Court:TCA

RANDY HILLHOUSE
FREEMON AND HILLHOUSE
Lawrenceburg, Tennessee 
Attorney for Plaintiff/Appellant

BEN BOSTON
CHRISTOPHER V. SOCKWELL
BOSTON, BATES & HOLT
235 Waterloo Street
P. O. Box 357
Lawrenceburg, Tennessee 38464
Attorneys for Defendant/Appellee
                        
First Paragraph:

The issue in this case is whether the documents signed when
the appellant loaned his son the money to buy an automobile
gave the appellant an enforceable security interest in the
car.  The trial judge held that the appellant did not have a
security interest.  We reverse.

Judge: BEN H. CANTRELL, JUDGE

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

EDWARD JEROME HARBISON, v. STATE OF TENNESSEE, 

Court:TCCA

For the Appellant:          For the Appellee:

W. Gerald Tidwell, Jr.      Charles W. Burson
736 Georgia Avenue          Attorney General of Tennessee
Chattanooga, TN 37402       and
                            Gordon Smith
John McClarty               Assistant Attorney General of TN
18 Patten Parkway           450 James Robertson Parkway     
Chattanooga, TN 37402       Nashville, TN 37243-0493
                       
                            Gary D. Gerbitz
                            District Attorney General
                            and                             
                            Stanley J. Lanzo
                            H. C. Bright
                            Asst District Attorneys General
                            Hamilton County Justice Bldg.
                            Chattanooga, TN 37402
                        
First Paragraph:

Following a jury trial in 1984, the petitioner, Edward
Jerome Harbison, was convicted of first degree murder and
sentenced to death.  On direct appeal, the Tennessee Supreme
Court affirmed his conviction.  State v. Harbison, 704
S.W.2d 314 (Tenn.1986).  The United States Supreme Court
denied certiorari.  State v. Harbison,  476 U.S. 1153, 106
S. Ct. 2261, 90 L.Ed.2d 705 (1986).  The petitioner then
filed a petition for post-conviction relief raising an
abundance of issues.  After an evidentiary hearing, the
trial court dismissed the application for post-conviction
relief in part on the grounds of waiver and/or previous
determination under Tenn. Code Ann.  40-30-112 [repealed]
and in part on the merits.  The petitioner now appeals as of
right from this denial of post-conviction relief.

Judge: PER CURIAM

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

STATE OF TENNESSEE,     
v.
COURTNEY B. MATHEWS, and THE NASHVILLE BANNER THE
TENNESSEAN, AND THE LEAF-CHRONICLE and MEREDITH CORPORATION
(WSMV CHANNEL FOUR NEWS)

Court:TCCA

ATTORNEYS: N/A                          

First Paragraph:

The defendant is charged with four counts of murder stemming
from a mass murder in Montgomery County.  The state seeks
the death penalty in each murder count.  At this time, jury
selection has begun.  Following the medias notification to
the trial court pursuant to Tennessee Supreme Court Rule 30
that camera coverage would be sought, the defendant objected
to any cameras, either television or still, in the
courtroom.  An evidentiary hearing was conducted, and the
defendant presented several witnesses on the issue.  The
prosecution joined in with the defendants request that
cameras be banned.

Judge: PER CURIAM

URL:http://www.tba.org/tba_files/TCCA/MATHEWS.OP.WP6
Opinion-Flash

STATE OF TENNESSEE,v RONNIE ROBERTS,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

ROGER HOOBAN                CHARLES W. BURSON
P.O. Box 1483               Attorney General & Reporter
Knoxville, TN   37901
(On Appeal)                 DARIAN B. TAYLOR
                            Asst. Attorney General
EDWARD MILLER               450 James Robertson Pkwy.   
District Public Defender    Nashville, TN  37243-0493
                
SUSANNA THOMAS              ALFRED C. SCHMUTZER, JR.
Asst. Public Defender       District Attorney General
102 Mims Ave.
Newport, TN   37821         G. SCOTT GREEN
(At Trial)                  Asst. District Attorney General
                            125 Court Ave., Suite 301                                   
                            Sevierville, TN   37862
                      
First Paragraph:

The defendant was indicted for aggravated burglary and
misdemeanor theft.  After a jury trial, he was convicted of
both offenses.  At his sentencing hearing, he was determined
to be a persistent offender and was sentenced to fifteen
years on the aggravated burglary conviction, and eleven
months, twenty-nine days on the theft conviction, with the
sentences to run consecutively.  The trial court also
ordered these sentences to run consecutively to a prior
sentence on a conviction in Knox County.

Judge: JOHN H. PEAY, Judge

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

STATE OF TENNESSEE, v. CHARLES JERRY TALLEY,

Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

KEVIN W. SHEPPHERD      CHARLES W. BURSON
404 Ellis Avenue        Attorney General and Reporter
Maryville, TN 37804
                        CLINTON J. MORGAN
                        Assistant Attorney General
                        450 James Robertson Parkway
                        Nashville, TN 37243-0493

                        MIKE FLYNN
                        District Attorney General

                        EDWARD P. BAILEY, JR.
                        Assistant District Attorney General
                        Blount County Courthouse
                        Maryville, TN 37804
                       
First Paragraph:

The Defendant, Charles Jerry Talley, brings this appeal as
of right pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure.  He was convicted upon his guilty plea
to three misdemeanor theft charges.  For these convictions,
the trial court sentenced him to three concurrent sentences
of eleven months and twenty-nine days in jail, with a
release eligibility date of thirty percent, and with
immediate eligibility for work release.  The Defendants
sole issue on appeal is that the trial court erred by not
suspending his sentence and granting him probation.  We
affirm the judgment of the trial court.

Judge: DAVID H. WELLES, JUDGE

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

STATE OF TENNESSEE, v. ANSELMO BERROCALES VAZQUEZ,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:


GREG EICHELMAN                  CHARLES W. BURSON
Public Defender                 Attorney General & Reporter

BILL R. BARRON                  RUTH A. THOMPSON
Contract Appellant Defender     Attorney for the State
115 East Market St.             450 James Robertson Pkwy.   
Dyersburg, TN  38024            Nashville, TN  37243-0493
       (On Appeal)              
                                C. BERKELEY BELL
JOYCE WARD                      District Attorney General
Asst. Public Defender
1609 College Park Dr., Box 11   ERIC D. CHRISTIANSEN
Morristown, TN  37813-1618      Asst. District AG
(At Trial)                      113 West Church St.
                                Greeneville, TN  37743
                         
First Paragraph:

The defendant was found guilty at a jury trial of driving
under the influence of an intoxicant (DUI), driving without
a driver license, and violation of the headlight law.  For
these convictions he received sentences of eleven months and
twenty-nine days, six months, and thirty days, respectively,
to be served concurrently.  His release eligibility for this
effective sentence of eleven months and twenty-nine days was
set at thirty percent.

Judge: JOHN H. PEAY, Judge

URL:http://www.tba.org/tba_files/TCCA/VAZQUEZA.OPN.WP6

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