TBALink Opinion-Flash

June 19, 1996 -- Volume #2 -- Number #57

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:
00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
06-New Opinons From TCA
00-New Opinons From TCCA

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George Dean
TBALink Chief Editor

EVERETT ASBERRY,            
v.
DEBORAH GARRETT, REX TOMPKINS, present mayor of the Town of
Byrdstown and the TOWN ALDERMEN, and/or GOVERNING BODY OF
SAID TOWN,

Court:TCA

J. STEVE DANIELS
P. O. Box 13
Livingston, Tennessee 38570
Attorney for Plaintiff/Appellee

JOHN H. LITTLE
P. O. Box 397
Livingston, Tennessee 38570
Attorney for Defendants/Appellants                      

First Paragraph:

This appeal involves a contested election.  On August 4,
1994, the Town of Byrdstown, Tennessee held a mayoral
election which the Appellant, Deborah Garrett, won.  On
August 12, 1994, Everett Asberry, the Appellee, filed suit
to contest the election in Chancery Court for Pickett
County.  Mr. Asberry claimed that Mrs. Garrett did not
reside in Byrdstown as required by the Town Charter, and
thus Mrs. Garrett failed to qualify as a candidate.

Judge: BEN H. CANTRELL, JUDGE

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

FRED J. BOWEN,v. TENNESSEE DEPARTMENT OF CORRECTION,                

Court:TCA

FRED J. BOWEN #67787
L.C.R.C.F.
Route 1, Box 330
Tiptonville, Tennessee 38079
FOR PLAINTIFF/APPELLANT/PRO SE

CHARLES W. BURSON
Attorney General and Reporter

PATRICIA C. KUSSMANN 
Assistant Attorney General
Civil Rights and Claims Division
404 James Robertson Parkway, Suite 2000
Nashville, Tennessee 37243
ATTORNEY FOR DEFENDANT/APPELLEE
                        
First Paragraph:

The plaintiff, Fred J. Bowen, has appealed from a summary
judgment dismissing his Petition for Declaratory Judgment
Pursuant to the Administrative Procedure Act. The petition
alleges: FACTS OF THE CASE On December 12, 1994, plaintiff
filed for a declaratory order against Tennessee Department
of Correction requesting sentence reduction credits be
appropriately awarded, calculated, and posted to reflect his
true eligibility date for sentence expiration.  (Exhibit A)
About January 2, 1995, plaintiff received copy of certified
mail receipt showing Tennessee Department of Correction
received plaintiffs request for declaratory order on
December 15, 1994.  (Exhibit B) As of present date (March
20, 1995) plaintiff has not received response from Tennessee
Department of Correction. (Exhibit C)

Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION

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

EARL BURKS, 
v. 
WILLIAM T. BOLES and wife, RUTH BOLES, VIRGIL TIDWELL and
wife, MABLE TIDWELL, and EDWARD BUFORD,

Court:TCA

CHARLES L. HARDIN
117 S. Jefferson Avenue
Cookeville, Tennessee 38501
Attorney for Plaintiff/Appellee

JOHN E. APPMAN
P. O. Box 99
Jamestown, Tennessee 38556
Attorney for Defendants/Appellants
                       
First Paragraph:

This is a boundary line dispute brought pursuant to Tenn.
Code Ann.  16-11-106.  The appellants assert on appeal that
the action was not properly brought according to the
statute, that the appellee did not prove that she was the
owner of the land in dispute, and that the appellants were
entitled to the disputed property by adverse possession.  We
affirm the trial court.

Judge: BEN H. CANTRELL, JUDGE

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

HORACE JONES, v. STATE OF TENNESSEE, ET AL, DONAL CAMPBELL,         

Court:TCA

HORACE JONES #82141
CCCF
P.O. Box 1000
Henning, Tennessee 38041
PLAINTIFF/APPELLANT/PRO SE

CHARLES W. BURSON
Attorney General and Reporter

PATRICIA C. KUSSMANN
Assistant Attorney General
Civil Rights and Claims Division
404 James Robertson Parkway
Suite 2000
Nashville, Tennessee 37243
FOR DEFENDANT/APPELLEE
                         
First Paragraph:

The captioned plaintiff has appealed from the judgment of
the Trial Court dismissing his Petition for Writ of
Certiorari.
The petition states that petitioner is in the custody of the
Tennessee Department of Correction, and that Donal Campbell
is the Commissioner of that department.  The remainder of
the petition is a melange of disconnected and confusing
statements and demands, including: STATEMENT    OF    FACTS
4.  On April 17th 1995.  Plaintiff was scheduled to be
reclassified for possible placement of minimum direct
status, plaintiffs CAF score is (6) six dated April 17th
1995.  Plaintiffs custody level is presently minimum
restricted.  Plaintiff has maintained this custody level
since May 22nd 1991.  IRC Pam Nimmo notified plaintiff that
he was within the required time span necessary to make the
transition to minimum direct security status, after several
meetings with IRC Pam Nimmo, plaintiff was informed that he
could not be placed on minimum direct status according to
John Dennison stating that plaintiff had a non-processed
sentence pending, this is totally erroneous information, the
plaintiff received a three year sentence in 1983, in which
has been processed and computed to plaintiff life sentence,
making this one sentence.  On May 25th 1995.  Plaintiff
filed a declaratory order to defendant Donal Campbell and
this petition was denied on as of July 3rd, 1995, I have not
heard anything from my declaratory order which I filed to
the Commissioner of Department of Corrections which has been
over (33) days.

Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION

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

WILLIE J. WASHINGTON, 
v. 
TENNESSEE DEPARTMENT OF CORRECTION, DONAL CAMPBELL,
COMMISSIONER, CENTRAL RECORDS, ET AL,

Court:TCA

WILLIE J. WASHINGTON #68235
MCRCF Box 2000 Unit 9
Wartburg, Tennessee 37887
PLAINTIFF/APPELLANT/ PRO SE

CHARLES W. BURSON
Attorney General and Reporter

PATRICIA C. KUSSMANN
Assistant Attorney General
Civil Rights and Claims Division
404 James Robertson Pkwy.
Suite 2000
Nashville, Tennessee 37243
FOR DEFENDANTS/APPELLEES
                          
First Paragraph:

The plaintiff, Willie J. Washington, has appealed from a
summary judgment of the Trial Court dismissing his suit for
a declaratory judgment that: That this Honorable Court issue
a Declaratory Order to replace all his PPSC time toward his
original sentence as imposed toward his original expiration
date of November 30, 2008 when incarcerated and the proper
amount of credits applied, and his immediate discharge forms
enacted to an expired sentence by law to avoid civil
liability and punitive damages for false imprisonment by the
defendants.

Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION

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

SHARON LEE WRAY ALLEN,  v. JEFFREY KEITH WRAY,  

Court:TCA

Randy Hillhouse,
FREEMON & HILLHOUSE, Lawrenceburg, Tennessee
Attorney for Plaintiff/Counter-Defendant/Appellant.

Paul Bates,
Christopher V. Sockwell,
BOSTON, BATES & HOLT, Lawrenceburg, Tennessee
Attorney for Defendant/Counter-Plaintiff/Appellee.
                        
First Paragraph:

These post divorce proceedings were begun when Sharon Lee
Wray Allen (Mother) filed a petition seeking to modify the
divorce decree by awarding her custody of the parties two
minor children, Steven and Staci.  Jeffrey Keith Wray
(Father) answered and petitioned the trial court to grant
him sole custody.  Mother appeals from the judgment of the
trial court which changed custody from joint custody to
custody to Father and limited Mothers visitation.

Judge: FARMER, J.

URL:http://www.tba.org/tba_files/TCA/WRAYSE.OPN.WP6

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