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TBALink Opinion-Flash
July 1, 1996 -- Volume #2 -- Number #59
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.
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- 05-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 03-New Opinons From TSC-Workers Comp Panel
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- 07-New Opinons From TCCA
- 05-New Opinons From TSC
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GENE V. AABY, v. JUDY E. AABY STRANGE Court:TSC ATTORNEYS: N/A First Paragraph: Order on Petition To Rehear The father, Gene V. Aaby, has filed a petition to rehear in this case, raising several issues. Of those issues, only the one pertaining to custody merits further comment by this Court. Judge: DROWOTA, J. URL:http://www.tba.org/tba_files/TSC/AABY.RHR.WP6
STATE OF TENNESSEE, v. CHARLES WILLIAM BARTRAM,
Court:TSC
For Appellant: For Appellee:
Charles Burson Michael R. Jones
Attorney General & Reporter Public Defender
Clarksville, Tennessee
Michael E. Moore
Deputy Attorney General
Nashville, Tennessee
Dent Morris
Assistant District Attorney
Springfield, Tennessee
First Paragraph:
We granted this appeal to re-examine this Court's adoption
of the so- called "angry wife" exception to the rule that a
warrantless search and seizure is presumed unreasonable
unless there is a valid consent to the search. Fifty years
ago, in Kelley v. State, this Court viewed the marital
relationship as an agency relationship between the husband
and wife and, therefore, reasoned that the consent of the
wife would bind the husband unless the consenting wife's
actions were hostile and adverse to her husband's interest.
Judge: ANDERSON, J.
URL:http://www.tba.org/tba_files/TSC/BARTRAM.OPN.WP6
STATE OF TENNESSEE v. WILLIAM ALVIN CLEMENTS, JR.
Court:TSC
For Appellee: For Appellant:
Charles W. Burson Dale M. Quillen
Attorney General & Reporter Michael J. Flanagan
Nashville, Tennessee
Kathy Morante
Deputy Attorney General
Nashville, Tennessee
Joseph D. Baugh
District Attorney General
Ronald L. Davis
Assistant District Attorney
Franklin, Tennessee
First Paragraph:
This case presents the following issue for our
determination: whether a cash bond, deposited by the parents
of a criminal defendant to ensure the defendants appearance
in court, may be attached to cover fines and costs incurred
by the defendant in connection with the prosecution. We
hold that the bond may not be so attached, and therefore
reverse the judgment of the Court of Criminal Appeals.
Judge: DROWOTA, J.
URL:http://www.tba.org/tba_files/TSC/CLEMENTS.OPN.WP6
RESOLUTION TRUST CORPORATION, v. ADOLPH J. BLOCK, et al.,
Court:TSC
For the Plaintiff-Respondent: For the Defendants-Petitioners:
Ronald W. Woods Bernard E. Bernstein
N. R. Coleman, Jr. J. Thomas Jones
Milligan & Coleman Bernstein, Stair & McAdams
Greeneville, TN Knoxville, TN
Winthrop A. Short, Jr. Joseph F. Rosenberg
David J. Pierce Dale, Jackson & Rosenberg
Megan E. Burns Nashville, TN
Jonathan L. Thorton
Kaufman & Canoles, P.C. David W. Blankenship
Kingsport, TN
John P. Parker
F.D.I.C. Thomas A. Peters
Washington, D.C. Kingsport, TN
First Paragraph:
The United States District Court for the Eastern District of
Tennessee has certified to this Court, pursuant to Rule 23,
Tennessee Supreme Court Rules, the following question:
Whether under Tennessee law the directors and officers of a
Tennessee corporation would be jointly and severally liable
for the collective actions of the board or proportionately
liable under the doctrine of comparative fault.
Judge: WHITE, J.
URL:http://www.tba.org/tba_files/TSC/RESOLTRS.OPN.WP6
JESSE S. TIDWELL, v.STATE OF TENNESSEE,
Court:TSC
For Appellant: For Appellee:
Jesse Spence Tidwell Charles W. Burson
Pro se Attorney General and Reporter
Michael E. Moore
Solicitor General
Gordon W. Smith
Associate Solicitor General
Nashville, TN
Daniel W. Cook
Assistant District Attorney
Charlotte, TN
First Paragraph:
The appellant, Jesse S. Tidwell, appeals the trial courts
denial of his petition for post-conviction relief. At issue
is whether his trial counsel's failure to require the
prosecutor to elect the particular offenses upon which
convictions would be sought deprived him of his
constitutional right to the effective assistance of counsel.
We have carefully examined the trial and post-conviction
transcripts and have thoroughly considered the contentions
of both parties. For the reasons discussed below, we find
that counsel's performance failed to satisfy the criteria
established in Baxter v. Rose, 523 S.W.2d 930 (Tenn. 1975)
and in Strickland v. Washington, 466 U.S. 558 (1984). The
appellant has made the requisite showing of prejudice for
all but the incidents on which the testimony at the original
trial was detailed and specific.
Judge: BIRCH, J.
URL:http://www.tba.org/tba_files/TSC/TIDWELLJ.OPN.WP6
DEBBIE G. FARROW, v. PHILLIPS CONSUMER ELECTRONICS COMPANY,
Court: TSC (Workers Comp Panel)
James L. Milligan, Jr. Arthur G. Seymour, Jr.
James L. Milligan, Jr. & Asso. Robert L. Kahn
Knoxville, Tennessee Knoxville, Tennessee
First Paragraph:
This workers' compensation appeal has been referred to the
Special Workers' Compensation Appeals Panel of the Supreme
Court in accordance with Tenn. Code Ann. section
50-6-225(e)(3) for hearing and reporting of findings of fact
and conclusions of law. In this appeal, the employee or
claimant, Farrow, contends the evidence preponderates
against the trial court's finding that her injury did not
arise out of her employment. The panel concludes that the
judgment should be reversed and the case remanded for an
award of benefits.
Judge: Loser, Judge
URL:http://www.tba.org/tba_files/TSC_WCP/FARRVPHI.OPN.WP6
ANNA LUE McKAMEY,v. RED KAP INDUSTRIES,
Court: TSC (Workers Comp Panel)
For the Appellant: For the Appellee:
John D. Agee Robert R. Ramsey
Cooley, Cooley & Agee Upchurch, Colvard, York & Ramsey
155 E. Race St. P.O. Box 3549
P.O. Box 730 Crossville, TN 38557
Kingston, TN 37763
First Paragraph:
This workers' compensation appeal has been referred to the
Special Workers' Compensation Appeals Panel of the Supreme
Court in accordance with Tenn. Code Ann. 50-6-225(e)(3)
for hearing and reporting to the Supreme Court of findings
of fact and conclusions of
Judge: INMAN, Senior Judge
URL:http://www.tba.org/tba_files/TSC_WCP/MCKAMEY.OPN.WP6
BRENDA GAIL WARD,
v.
UNITED STATES FIDELITY AND GUARANTY COMPANY,
Court: TSC (Workers Comp Panel)
For Appellant: For Appellee:
Robert R. Davies David H. Dunaway
Fansler & Williams David H. Dunaway & Associates
Knoxville, Tennessee LaFollette, Tennessee
First Paragraph:
This workers' compensation appeal has been referred to the
Special Workers' Compensation Appeals Panel of the Supreme
Court in accordance with Tenn. Code Ann. section
50-6-225(e)(3) for hearing and reporting of findings of fact
and conclusions of law. In this appeal, the employer's
insurer contends the evidence preponderates against the
award of permanent disability benefits. The panel concludes
the judgment should be reversed and the cased dismissed.
The only issue litigated at trial was the extent of the
claimant's permanent disability, if any.
Judge: Loser, Judge
URL:http://www.tba.org/tba_files/TSC_WCP/WARDVUSF.OPN.WP6
JAMES M. BLANKENSHIP,
v.
DONAL CAMPBELL, Commissioner,Department of Correction, et al,
Court:TCA
JAMES M. BLANKENSHIP, Pro Se
S.T.S.R.C.F.
Route #4, P. O. Box 600
Pikeville, Tennessee 37367
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
ATTORNEYS FOR RESPONDENTS/APPELLEES
First Paragraph:
This is an appeal by petitioner, James M. Blankenship, from
the judgment of the trial court dismissing his petition for
declaratory judgment filed pursuant to Tennessee Code
Annotated section 4-5-224.
Judge: SAMUEL L. LEWIS, JUDGE
URL:http://www.tba.org/tba_files/TCA/BLANKNSH.OPN.WP6
MARGARET DANMOLE, v. CHARLES L. WRIGHT,
Court:TCA
NEWTON S. HOLIDAY, III
Petway, Blackshear & Cain
208 Third Avenue North
Fifth Floor
Nashville, Tennessee 37201
ATTORNEY FOR PLAINTIFF/APPELLEE
ALAN M. SOWELL
Gracey, Ruth, Howard, Tate & Sowell
150 Second Avenue North
Suite 201
Nashville, Tennessee 37201
ATTORNEY FOR DEFENDANT/APPELLANT
First Paragraph:
Defendant, Charles L. Wright, has appealed from the judgment
of the trial court entered on the jury's verdict for
plaintiff, Margaret Danmole. The jury awarded plaintiff
$17,000.00 for her injuries and damages sustained as the
result of an automobile accident.
Judge: SAMUEL L. LEWIS, JUDGE
URL:http://www.tba.org/tba_files/TCA/DANMOLE.OPN.WP6
BILLY L. GORDON, v. MICHAEL C. GREENE, Commissioner
Court:TCA
GERALD C. RUSSELL
125 E. Broadway Avenue
Maryville, Tennessee 37804
ATTORNEY FOR PETITIONER/APPELLANT
CHARLES W. BURSON
Attorney General and Reporter
REBECCA LYFORD
450 James Robertson Parkway
Nashville, Tennessee 37243-0494
ATTORNEYS FOR RESPONDENT/APPELLEE
First Paragraph:
Petitioner, Billy Gordon, appeals the chancellor's judgment
dismissing his petition for review filed pursuant to the
Uniform Administrative Procedures Act. Petitioner sought
review of a forfeiture order entered by the Commissioner of
the Tennessee Department of Safety ("Commissioner"). The
order forfeited a 1989 Corvette automobile seized from Beate
Kittel-Glass under the Tennessee Drug Control Act ("TDCA").
The pertinent facts are as follows.
Judge: SAMUEL L. LEWIS, JUDGE
URL:http://www.tba.org/tba_files/TCA/GORDONBI.OPN.WP6
DEBRA LAMBERTH,
v.
S? PLUMBING COMPANY, INC., FRED LAMBERTH, JR., ANITA
WOODALL, and MICHAEL LAMBERTH,
Court:TCA
F. DULIN KELLY
CLINTON L. KELLY
629 East Main Street
Hendersonville, Tennessee 37075
Attorney for Plaintiff/Appellant
JOE M. HAYNES
DAVID M. POLLARD, JR.
140 North Main Street
Goodlettsville, Tennessee 37070
Attorneys for Defendants/Appellees
Fred Lamberth, Jr. and Anita Woodall
PHYLLIS D. MORRISS
507 West Court Square
Springfield, Tennessee 37172
Attorney and Guardian Ad Litem for Defendant/Appellee
Michael Lamberth
First Paragraph:
The widow of the sole shareholder of an incorporated
business sought a declaration that she owned the business as
a surviving tenant by the entireties, or that she and her
husband had been partners in the business. The Chancery
Court of Sumner County denied any relief. We affirm.
Judge: BEN H. CANTRELL, JUDGE
URL:http://www.tba.org/tba_files/TCA/GORDONBI.OPN.WP6
MARVIN ANTHONY MATHEWS, v. RUSSELL X. THOMPSON,
Court:TCA
MARVIN ANTHONY MATHEWS, Pro Se
Cold Creek Correctional Facility
P. O. Box 1000
Henning, Tennessee 38041-1000
WINSTON S. EVANS
PHILLIP B. JONES
Evans, Jones & Reynolds
1810 First Union Tower
150 Fourth Avenue North
Nashville, Tennessee 37219
ATTORNEYS FOR DEFENDANT/APPELLEE
First Paragraph:
This is an appeal by plaintiff/appellant, Marvin Anthony
Mathews, from the chancery court's order finding that the
statute of limitations had run in Plaintiff's legal
malpractice action.
Judge: SAMUEL L. LEWIS, JUDGE
URL:http://www.tba.org/tba_files/TCA/MATHEWSM.OPN.WP6
MARY TERESA WILLS RYAN v. KEVIN B. RYAN,
Court:TCA
M. ALLEN EHMLING
McClellan, Powers, Ehmling & Dix
116 Public Square
Gallatin, Tennessee 37066
ATTORNEY FOR PLAINTIFF/APPELLEE
NATHANIEL H. KOENIG
150 Second Avenue North
Suite 300
Nashville, Tennessee 37201
ATTORNEY FOR DEFENDANT/APPELLANT
First Paragraph:
The defendant, Kevin B. Ryan ("Father"), has appealed from
the trial court's order changing custody of the parties'
minor child, Sabrina D. Ryan, from joint custody to the
primary custody of the plaintiff, Mary Teresa Wills Ryan
("Mother").
Judge: SAMUEL L. LEWIS, JUDGE
URL:http://www.tba.org/tba_files/TCA/RYANMTW.OPN.WP6
JOHNNY C. ABRAMS, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
David A. Doyle Charles W. Burson
District Public Defender Attorney General & Reporter
Clinton J. Morgan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Lawrence Ray Whitley
District Attorney General
113 Main Street, West
Gallatin, TN 37066-2803
Dee D. Gay
Asst. District Attorney General
113 Main Street, West
Gallatin, TN 37066-2803
First Paragraph:
The appellant, Johnny C. Abrams, appeals as of right from a
judgment of the trial court summarily dismissing his suit
for post-conviction relief. The trial court found that the
grounds raised by the appellant were barred by the statute
of limitations. The appellant contends that the statute of
limitations should not be a bar to his suit because (a) he
has no knowledge of the law, (b) he is indigent and was
unable to obtain counsel to represent him, and (c) he did
not know that his rights had been seriously violated. The
judgment of the trial court is affirmed.
Judge: Joe B. Jones, Presiding Judge
URL:http://www.tba.org/tba_files/TCCA/ABRAMSJC.OPN.WP6
TROY BROADRICK, v. STATE OF TENNESSEE,
Court:TCCA
For the Appellant: For the Appellee:
Steven F. Glaser Charles W. Burson
Asst. Public Defender Attorney General and Reporter
Mary Ann Queen
Legal Assistant
William David Bridgers
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Lawrence Ray Whitley
District Attorney General
Dee D. Gay
Asst. District Attorney General
Cordell Hull Building
Gallatin, TN 37066
First Paragraph:
The appellant, Troy Broadrick, appeals the trial courts
dismissal of his second petition for post-conviction relief.
On appeal, the appellant essentially contends that both
trial and appellate counsel were ineffective, thereby
violating the appellants rights under the Sixth and
Fourteenth Amendments to the United States Constitution and
Article I, section 9 of the Tennessee Constitution.
Moreover, the appellant argues that he was denied a full and
fair hearing of his case, as required by the Fifth and
Fourteenth Amendments of the United States Constitution and
Article I, section 8 of the Tennessee Constitution, by (1)
counsels performance at trial and on direct appeal and (2)
the trial court at his first post-conviction hearing.
Judge: David G. Haynes
URL:http://www.tba.org/tba_files/TCCA/BROADRIC.OPN.WP6
STATE OF TENNESSEE, v. ROBERT BUTLER,
Court:TCCA
FOR THE APPELLEE: FOR THE APPELLANT:
Robert W. Ritchie Charles W. Burson
Wade V. Davies Attorney General & Reporter
Ritchie, Fels & Dillard, P.C.
606 W. Main Street, Suite 300 Darian B. Taylor
P.O. Box 1126 Assistant Attorney General
Knoxville, TN 37901-1126 Criminal Justice Division
Randall E. Nichols
District Attorney General
Robert Jolley
Asst. Dist. Attorney General
First Paragraph:
Nearly twenty years ago, the appellee was convicted of rape
and sentenced to life imprisonment. In 1993, he was granted
habeas corpus relief in federal court. In 1995, a Tennessee
trial court dismissed the appellee's indictment. The state
appeals and argues that the trial judge abused her
discretion in dismissing the indictment. We find no abuse
of discretion and affirm.
Judge: PAUL G. SUMMERS,
URL:http://www.tba.org/tba_files/TCCA/BUTLERR.OPN.WP6
STATE OF TENNESSEE, v. TIM FOX,
Court:TCCA
For the Appellant: For the Appellee:
Susanna Laws Thomas Charles W. Burson
Assistant Public Defender Attorney General and Reporter
102 Mims Avenue and
Newport, TN 37821-3614 George Linebaugh
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Al Schmutzer, Jr.
District Attorney General
Sevier County Courthouse
Suite 301
Sevierville, TN 37862
First Paragraph:
The appellant was convicted by a jury of attempted first
degree murder. A timely Motion for New Trial was filed and
overruled. Thereafter, this conviction was appealed as a
matter of right. Rule 3(b), Tenn. R. App. P. This appeal
advances two grounds as error by the trial court justifying
a new trial. First, the appellant contends that the
evidence adduced at trial is insufficient on the issue of
premeditation and deliberation to support a conviction of
attempted first degree murder. Second, the appellant
contends that the trial judge improperly weighed the
aggravating and mitigating factors in imposing a twenty year
Range I Standard Offender sentence.
Judge: J. S. Daniel Special Judge
URL:http://www.tba.org/tba_files/TCCA/FOXTIM.OPN.WP6
THOMAS EUGENE GRAHAM,v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
RANDALL L. RUSSELL CHARLES W. BURSON
# 300, Flatiron Bdg Attorney General and Reporter
707 Georgia Avenue
Chattanooga, TN 37402 MICHAEL J. FAHEY, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0495
GARY D. GERBITZ
District Attorney General
REBECCA STERN and
BARRY A. STEELMAN
Assistant District Attorney General
Hamilton County-Chattanooga
Courts Building
Chattanooga, TN 37402
First Paragraph:
The Petitioner, Thomas Eugene Graham, brings this appeal as
of right pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure. The Defendant filed a petition for
post-conviction relief alleging ineffective assistance of
counsel. After conducting an evidentiary hearing, the trial
court denied relief. We affirm the judgment of the trial
court.
Judge: DAVID H. WELLES, JUDGE
URL:http://www.tba.org/tba_files/TCCA/GRAHAMTE.OPN.WP6
STATE OF TENNESSEE, v. WILLIAM LAYNE MILLER,
Court:TCCA
For Appellant: For Appellee:
William M. Haywood Charles W. Burson
Attorney Attorney General & Reporter
105 First Avenue So.
Lewisburg, TN 37091 Ellen H. Pollack
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0485
Michael McCown
District Attorney General
Weakley E. Barnard
Asst. District Attorney
Marshall County Courthouse
Lewisburg, TN 37091
First Paragraph:
The defendant, William Layne Miller, was convicted of
aggravated burglary. The trial court imposed a Range III
sentence of twelve years. In this appeal of right, the
defendant presents two issues: (1) whether the trial court
properly admitted evidence of three prior felonies for
impeachment purposes; and (2) whether the trial court
properly classified the defendant as a Range III, persistent
offender.
Judge: GARY R. WADE, JUDGE
URL:http://www.tba.org/tba_files/TCCA/MILLERWL.OPN.WP6
STATE OF TENNESSEE,
v.
ANNETTE WHITE, a/k/aANNETTE WATSON, a/k/a ANNETTE MORGAN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN P. VALLIANT, JR. CHARLES W. BURSON
- and - Attorney General & Reporter
PAUL HENSLEY
Sixth Floor, 2 Centre Sq EUGENE J. HONEA
625 Gay St. Asst. Attorney General
Knoxville, TN 37902 450 James Robertson Pkwy.
Nashville, TN 37243-0493
CHARLES HAWK
District Attorney General
D. ROGER DELP
Asst. District Attorney General
P.O. Box 703
Kingston, TN 37763
First Paragraph:
The present case involves an appeal of a certified question
of law after the entry of guilty pleas pursuant to Tenn. R.
Crim. P. 37(b)(2)(i). We find that the defendants issue on
appeal lacks merit, and we therefore affirm the judgment of
the trial court.
Judge: JOHN H. PEAY, Judge
URL:http://www.tba.org/tba_files/TCCA/WHITEA.OPN.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: