TBALink Opinion-Flash

July 15, 1996 -- Volume #2 -- Number #61

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:
01-New Opinons From TSC
06-New Opinons From TSC-Rules
10-New Opinons From TSC-Workers Comp Panel
30-New Opinons From TCA
22-New Opinons From TCCA

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George Dean
TBALink Chief Editor

STATE OF TENNESSEE v. DAVID KEEN    

Court:TSC

ATTORNEY: N/A                          

First Paragraph:

OPINION ON PETITION TO REHEAR
On May 23, 1994, this Court affirmed petitioner's conviction
for first-degree murder and remanded the cause for re
sentencing.

Judge: PER CURIAM

URL:http://www.tba.org/tba_files/TSC/KEEND.ORD.WP6
Opinion-Flash

AMENDED ORDER AND SUPPLMEMENTAL ORDER ESTABLISHING STATEWIDE
COMMISSION ON FOSTER CARE

Court:TSC (Rules)

ATTORNEY: N/A                          

First Paragraph:

The order entered May 30, 1996, establishing the Statewide
Commission on Foster Care is hereby vacated, and the
following order is hereby published.
In 1993, as part of the Omnibus Budget Reconciliation Act,
Congress authorized federal funding for grants to state
court systems to assist them in performing their roles in
the continuum of care provided to children and families at
risk.  The purpose of the program, which is administered
through the Administrative Office of the Courts of the
Tennessee Supreme Court, is to evaluate how state courts
function with respect to cases involving allegations of
abuse and neglect and to make improvements.

Judge: ADOLPHO A. BIRCH, JR., Chief Justice

URL:http://www.tba.org/tba_files/TSC_RULES/FOSTERAM.ORD.WP6
Opinion-Flash

IN RE: AMENDMENT TO RULE 28, RULES OF THE SUPREME COURT

Court:TSC (Rules)

ATTORNEY: N/A                             

First Paragraph:

Rule 28 of the Tennessee Supreme Court Rules is hereby
amended in the following respects:

Judge: ADOLPHO A. BIRCH, JR., Chief Justice

URL:http://www.tba.org/tba_files/TSC_RULES/RUL28AMD.ORD.WP6
Opinion-Flash


IN RE:  AMENDMENT TO RULE 4, TENNESSEE COURT OF CRIMINAL
APPEALS

Court:TSC (Rules)

ATTORNEY: N/A                             

First Paragraph:

Pursuant to Rule 45, Tennessee Rules of Appellate Procedure,
it is hereby ordered that Rule 4 of the Tennessee Court of
Criminal Appeals is amended by striking subsection (b) and
substituting in its place and stead the following:

Judge: PER CURIAM

URL:http://www.tba.org/tba_files/TSC_RULES/RUL4AMD.ORD.WP6
Opinion-Flash

IN RE: AMENDMENTS TO COURT RULES

Court:TSC (Rules)

ATTORNEY: N/A                               

First Paragraph:

ORDER

The Court hereby amends its Order entered January 18, 1996,
by withdrawing its amendment to Rule 8.04, Tennessee Rules
of Civil Procedure.

Judge: Frank F. Drowota, III

URL:http://www.tba.org/tba_files/TSC_RULES/RUL8AMD.ORD.WP6
Opinion-Flash

IN RE:  AMENDMENT TO RULE 9, SECTION 6.1 RULES OF THE
SUPREME COURT OF TENNESSEE

Court:TSC (Rules)

ATTORNEY: N/A                               

First Paragraph:

Rule 9, Section 6.1 is amended by deleting Section 6.1 in
its entirety and substituting in its place the following:

Judge: Adolpho A. Birch, Jr., Chief Justice

URL:http://www.tba.org/tba_files/TSC_RULES/RUL9AMD.ORD.WP6
Opinion-Flash

IN RE:  PETITION TO AMEND SUPREME COURT RULE 9, SECTIONS
5.1 AND 5.3 PERTAINING TO ADDING LAYPERSONS AS MEMBERS OF
THE BOARD OF PROFESSIONAL RESPONSIBILITY

Court:TSC (Rules)

ATTORNEY: N/A                           

First Paragraph:

The Board of Professional Responsibility has filed a
petition in this Court proposing an amendment to Rule 9,
Sections 5.1 and 5.3.  The effect of these amendments would
be to add a layperson from each grand division to the Board.

Judge: ADOLPHO A. BIRCH, JR., Chief Justice

URL:http://www.tba.org/tba_files/TSC_RULES/RUL9HEAR.ORD.WP6
Opinion-Flash

BILLY CLEVINGER,v. BURLINGTON MOTOR CARRIERS,INC.,                      
w/JUDGMENT ORDER  

Court: TSC (Workers Comp Panel)

For the Appellant:          For the Appellee:

Heiskell H. Winstead        Timothy W. Conner
205 Highway 66, South       LEITNER, WARNER, MOFFITT,
Suite 101                   WILLIAMS, DOOLEY,   
Rogersville, TN 37857       CARPENTER & NAPOLITAN   
                            1130 First American Center
                            507 S. Gay Street
                            Knoxville, TN 37902

First Paragraph:

This workers compensation appeal from the Hawkins County
Circuit Court has been referred to the Special Workers
Compensation Appeals Panel of the Supreme Court in
accordance with Tennessee Code Annotated Section
50-6-225(e)(3) (1995 Supp.) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. 
For the reasons set forth below, we affirm the judgment of
the trial court.

Judge: White, Justice

URL:http://www.tba.org/tba_files/TSC_WCP/CLEVINGE.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/CLEVINGE.JUD.WP6
Opinion-Flash

SHERRY LAWRENCE,
v. 
ERIN TRUCKWAYS, LTD. d/b/a DIGBY TRUCK LINE, INC., and THE
TRAVELERS INSURANCE COMPANY,
w/JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For the Appellants:         For the Appellee: 

Ritchie Pigue               Stephen K. Heard
William G. McCaskill        Stewart, Estes & Donnell
Taylor, Philbin, Pigue, 
Marchetti & Bennett         SunTrust Center, 14th Floor
One Union St.               424 Church St.
P.O. Box 198169             Nashville, TN 37219-2392
Nashville, TN 37219-8169

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 law. The trial court awarded
plaintiff 100% permanent vocational disability.  Defendants
challenge the trial courts finding of permanent impairment
and the trial courts finding of 100% permanent vocational
disability.

Judge: BYERS, Senior Judge 

URL:http://www.tba.org/tba_files/TSC_WCP/LAWRENCE.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/LAWRENCE.JDG.WP6
Opinion-Flash

TREVA MILAN,
v.
QUEBECOR PRINTING (U.S.A.) GROUP and LUMBERMENS MUTUAL
CASUALTY COMPANY,
w/JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For the Appellant:              For the Appellee:

Lauren S. Disspayne             Steve R. Darnell
Richard C. Mangelsdorf, Jr.     101 North Third Street
Gregory H. Oakley               Clarksville, TN 37040
2300 First American Center
Nashville, TN 37238
                      
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 law. Plaintiff injured her arms
and wrists while working for defendant in April 1994.  The
trial judge awarded her 35 percent permanent partial
disability to each upper extremity.

Judge: BYERS, Senior Judge 

URL:http://www.tba.org/tba_files/TSC_WCP/MILAN.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/MILAN.JUD.WP6
Opinion-Flash

MARY CHARMAGNE PERDUE,
v.
NATIONAL HEALTHCORP, L.P., or NATIONAL HEALTH CORPORATION,
or NHC, INC., and/or COLUMBIA HEALTH CARE,
w/JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For Appellant:                    For Appellee:

Debra A. Wall                     Billy C. Jack
Clarksville, Tennessee            Columbia, Tennessee

Gary A. Gober
Nashville, 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, Perdue, contends (1) that the evidence
preponderates against the trial judge's finding that she
failed to give the required notice of a claimed injury by
accident occurring on January 23, 1993, (2) that the said
injury was suffered within the course and scope of
employment with the defendant, and (3) that she is entitled
to compensation for an injury on April 3, 1994.  The panel
concludes that the judgment awarding benefits for an injury
by accident arising out of and in the course of the
claimant's employment in August of 1994 should be affirmed.

Judge: Loser, Judge

URL:http://www.tba.org/tba_files/TSC_WCP/PERDUE.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/PERDUE.OPN.WP6
Opinion-Flash

ROBIN SLOAN, v. BRIDGESTONE/FIRESTONE, INC.,
w/JUDGMENT ORDER

Court: TSC (Workers Comp Panel)

For Appellant:                         For Appellee:

Michael Lee Parsons                    David W. Martalla
Gracey, Ruth, Howard, Tate & Sowell    McMinnville, Tennessee
Nashville, 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
contends that the award of disability benefits is excessive;
and the employee contends the trial court erred in finding
that she did not suffer a disabling work-related neck
injury.  The panel has concluded that the judgment should be
modified as provided herein.

Judge: Loser, Judge

URL:http://www.tba.org/tba_files/TSC_WCP/SLOAN.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/SLOAN.JUD.WP6
Opinion-Flash

ASHAD RASHAD ABDULLAH ALI,  
v.
ERIC HARDISON, PAULETTE DAVIS, MARSHALL COOPER, DAVID MILLS,
DONAL CAMPBELL,

Court:TCA

ASHAD RASHAD ABDULLAH ALI, Pro Se
RSMI (Unit #1/B/107)
7475 Cockrill Bend Industrial Road
Nashville, Tennessee  37243

CHARLES W. BURSON
Attorney General and Reporter

KYLE P. SOWELL
Assistant Attorney General
Civil Rights and Claims Division
404 James Robertson Parkway, Suite 2000
ATTORNEYS FOR RESPONDENTS/APPELLEES
                       
First Paragraph:

This is an appeal by petitioner/appellant, Ashad Rashad
Abdullah Ali, from the trial court's judgment dismissing
his petition for writ of certiorari.  The petition sought a
review of a disciplinary action taken by the Tennessee
Department of Correction ("TDOC") against petitioner.  The
chancery court determined that petitioner filed his petition
in the wrong court and that, as a result, it did not have
jurisdiction to entertain the petition.  Therefore, the
court, sua sponte, dismissed the petition for lack of
jurisdiction.

Judge: SAMUEL L. LEWIS, JUDGE

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

MARJORIE HOPE BING and husband, WILLIAM BING,
v.
BAPTIST MEMORIAL HOSPITAL, UNION CITY,

Court:TCA

T. ROBERT HILL and RANDALL J. PHILLIPS, Hill Boren, P.C., 
Jackson,

WILLIAM B. RAIFORD, III, Merkel & Cocke, Clarksdale, 
Mississippi,
Attorneys for Plaintiffs/Appellants.

JAMES L. KIRBY and JAMES R. GARTS, JR., Harris, Shelton, 
Dunlap and Cobb, L.L.P.C., Memphis,
Attorneys for Defendants/Appellees.
                        
First Paragraph:

In this medical malpractice case, Marjorie Hope Bing and
William Bing (plaintiffs), residents of Obion County,
filed suit in the Circuit Court of Shelby County against Dr.
Thomas Hodgkiss, Pri-Med, Inc., and Baptist Memorial
Hospital Union City (defendants or by name) seeking
damages for injuries Marjorie Bing sustained while being
treated by Dr. Hodgkiss at Baptist.  After  defendant
Baptist filed a motion to dismiss for improper venue,
plaintiffs voluntarily dismissed their suit against Baptist.
 After plaintiffs refiled their action against defendant
Baptist in Shelby County, the trial court granted Baptists
motion to dismiss on the grounds of improper venue.  

Judge: TOMLIN, Sr. J.

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

RAY DEAN BURGESS,       
v.
ANTHONY S. HARLEY, 
and 
PUTNAM COUNTY HIGHWAY DEPARTMENT and PUTNAM COUNTY, A BODY
POLITIC,
w/CONCURRING  OPINION

Court:TCA

For the Plaintiff/Appellant:    For the Defendants/Appellees:

Ernest C. Onks, Sr.             Daniel H. Rader, III
Cookeville, Tennessee           Moore, Rader, Clift 
                                & Fitzpatrick
                                Cookeville, Tennessee
Ronald Thurman
Cookeville, Tennessee
                   
First Paragraph:

This appeal arises from a collision in which a motorist was
injured when his vehicle was struck by a pickup truck that
had entered an intersection without stopping at a stop sign.
 The injured motorist filed suit in the Circuit Court for
Putnam County against the truck driver for failing to stop
and against Putnam County for creating and maintaining a
dangerous intersection.  The trial court granted summary
judgment for the county, and the injured motorist appealed. 
We have determined that Putnam County did not demonstrate
that it is entitled to a judgment as a matter of law and,
therefore, we vacate the summary judgment and remand the
case.

Judge: WILLIAM C. KOCH, JR

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

LINDA ANN CARLTON, v. JAMES THOMAS CARLTON,

Court:TCA

HAROLD F. JOHNSON, Jackson, Attorney for Plaintiff/Appellee.

PAT H. MANN, Jr., Brownsville, Attorney for Defendant/Appellant.
                    
First Paragraph:

This current litigation is what we shall call economic
fallout from an earlier domestic relations case.  Linda Ann
Carlton (plaintiff) filed suit for divorce in 1990 from
James Thomas Carlton (defendant) in the Chancery Court of
Haywood County.  In October 1991, the chancellor granted
plaintiff a divorce from defendant on the grounds of cruel
and inhuman treatment, awarded joint custody of the parties
28 year-old handicapped daughter, Donna, with the principal
place of residence with plaintiff, divided the parties
marital property, and awarded rehabilitative alimony and
attorneys fees to plaintiff.  

Judge: TOMLIN, Sr. J.

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

Cheryl Annette Carr,        
v.
Ozburn-Hessey Storage Co. and Conrad Anthony Guffy,

Court:TCA

JOSEPH M. DALTON, JR.
222 Second Avenue North
Suite 350M
Nashville, Tennessee 37201
ATTORNEY FOR PLAINTIFF/APPELLANT

DAVID J. PFLAUM
Watkins, McGugin, McNeilly & Rowan, P.L.L.C.
214 2nd Ave. North, Suite 300
Nashville, Tennessee 37201-1638
ATTORNEY FOR DEFENDANTS/APPELLEES
                 
First Paragraph:

This is an appeal by plaintiff/appellant, Cheryl Annette
Carr, from a decision of the trial court granting summary
judgment in favor of defendants/appellees, Ozburn-Hessey
Storage Co. and Conrad Anthony Guffy.

Judge: SAMUEL L. LEWIS, JUDGE

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

ROBERT DALE COBB, v. DOUGLAS R. BEIER,
w/DISSENTING OPINION

Court:TCA

J. RANDALL SHELTON, Morristown, for Plaintiff-Appellant.

JAMES M. DAVIS, Morristown, for Defendant-Appellee.
                         
First Paragraph:

The determinative issue on appeal is whether the  appeal
should be dismissed because the appellant did not file
notice of the appeal with the clerk of the appellate court
designated in the notice of appeal.

Judge: Franks. J.

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

COMPREHENSIVE ENGINEERING ASSISTANCE ASSOCIATION, INC.,
v.
STATE OF TENNESSEE, DEPARTMENT OF LABOR AND AL BODIE,
COMMISSIONER OF THE DEPARTMENT OF LABOR, IN HIS OFFICIAL
CAPACITY,

Court:TCA

Carl W. Eshbaugh
ESHBAUGH, SIMPSON AND VARNER
1776 Riverview Tower
900 S. Gay Street
Knoxville, Tennessee 37902
ATTORNEY FOR PLAINTIFF/APPELLANT

CHARLES W. BURSON
Attorney General & Reporter

MICHELLE K. HOHNKE
Assistant Attorney General
General Civil Division
404 James Robertson Parkway
Suite 1510
Nashville, Tennessee 37243-0499
FOR DEFENDANTS/APPELLEES
                       
First Paragraph:

The captioned plaintiff has appealed from an order of the
Trial Court reading as follows: This matter came to be heard
on June 2, 1995, upon the motion to dismiss filed on behalf
of the defendants, Tennessee Department of Labor and Al
Bodie, Commissioner of the Tennessee Department of Labor. 
Upon consideration of the pleadings filed and the argument
of counsel, the Court finds that this matter should be
dismissed on the basis that the Court lacks jurisdiction as
the petition for judicial review was not filed within sixty
days of the final agency action as required by T.C.A.
4-5-322. 
 
Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION

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

DICKSON COUNTY, TENNESSEE     
v.
BOMAR CONSTRUCTION CO., INC. and UNITED STATES FIDELITY AND
GUARANTY COMPANY,

Court:TCA

ALLAN KERNS
Dickson, Tennessee 
ATTORNEY FOR PLAINTIFF/APPELLEE,

DON SMITH
Nashville, Tennessee 
ATTORNEY FOR DEFENDANTS/APPELLANTS
                         
First Paragraph:


The Defendant, Bomar Construction Company, Inc., (hereafter
Bomar) has presented this appeal under TRAP Rule 9 from an
interlocutory order of the Trial Court overruling Bomars
motion to dismiss its claim to arbitration as required by
the contract of the parties.

Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION

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

JO ANNE SMITH DWIGHT (REDDITT),v. GREGORY SCOTT DWIGHT, 

Court:TCA

Gerald F. Easter of Memphis For Appellant

Valerie T. Corder of Memphis For Appellee
                      
First Paragraph:

Jo Anne Smith Dwight Redditt (Wife) appeals the trial
courts order denying her petition to modify the parties
final decree of divorce to increase child support payments
by Gregory Scott Dwight (Husband).

Judge: W. FRANK CRAWFORD PRESIDING JUDGE

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

STATE OF TENNESSEE ex rel
CAROLYN D. SMITH,       
v.
EDWARD LEE EARLY,       

Court:TCA

JON S. JABLONSKI
2400 Crestmoor Road
Suite 321
Nashville, Tennessee 37215
ATTORNEY FOR DEFENDANT/APPELLANT

CHARLES W. BURSON
Attorney General & Reporter

JAMES H. TUCKER, JR.
Assistant Attorney General
404 James Robertson Parkway
Suite 1510, Parkway Towers
Nashville, Tennessee 37243-0499
ATTORNEY FOR PLAINTIFF/APPELLEE
                      
First Paragraph:

This is an appeal brought by respondent/appellant, Edward
Lee Early, from a judgment of the trial court ordering him
to pay future and retroactive child support.  The pertinent
facts are as follows.

Judge: SAMUEL L. LEWIS, JUDGE

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

EVERETT EDWARDS and wife, KAREN EDWARDS,
v. 
ROY BRUCE and wife, JOANNE BRUCE,

Court:TCA

Arthur E. McClellan 
of MeClellan, Powers, Ehmling & Dix
of Gallatin, For Appellants

Ronald B. Buchanan of Hendersonville
For Appellees
                       
First Paragraph:

This appeal involves a suit alleging claims of negligent
misrepresentation, fraudulent misrepresentation, and
violation of the Tennessee Consumer Protection Act, T.C.A. 
47-18-101 (1995), et seq., arising out of the sale of
certain improved real property in Gallatin, Tennessee.  The
facts are as follows.

Judge: W. FRANK CRAWFORD, PRESIDING JUDGE, W.S.

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

PORTIA GOBEL,v.ESTATE OF RUPERT NEWMAN, DECEASED,

Court:TCA

RANDY S. CHAFFIN
CAMERON AND CAMERON
100 S. Jefferson Avenue
Cookeville, Tennessee 38501
Attorney for Plaintiff/Appellant

JEFFREY G. JONES
BARNES & ACUFF
100 S. Jefferson Avenue
Cookeville, Tennessee 38501-3424
Attorney for Defendant/Appellee
                        
First Paragraph:

The Probate Court of Putnam County dismissed a claim against
the estate of Rupert O. Newman because the claimant lacked
standing to make the claim.  We affirm.

Judge: BEN H. CANTRELL, JUDGE

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

KATHERYN MALLON GUESS,   v. CAROL WINFRED (C.W.) GUESS, M.D.

Court:TCA

Mary Francis Lyle
BRUCE, WEATHERS, CORLEY, DUGHMAN & LYLE
Nashville, Tennessee 
ATTORNEY FOR PLAINTIFF/APPELLANT,

John W. Nolan, III
MARY ARLINE EVANS
Nashville, Tennessee 
ATTORNEY FOR DEFENDANT/APPELLEE
                     
First Paragraph:

In this post-divorce proceeding, the
Plaintiff-ex-wife-mother has appealed from an unsatisfactory
disposition of issues between the parties regarding child
support and visitation.

Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION

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

EDWARD G. HUMPHREYS, JR., 
v.
JAMES ROBERT HUMPHREYS and DIANE HUMPHREYS-BARLOW,

Court:TCA

Glen G. Reid, Jr., and Robert A. McLean of
McDonnell Dyer, Memphis, For Appellee

Stephen P. Hale and Richard R. Roberts of Memphis 
For Appellants
                      
First Paragraph:

This is a suit for contribution.  On February 22, 1993,
Edward G. Humphreys, Jr.,  (hereinafter, Plaintiff) filed
a complaint in the Shelby County Chancery Court against his
brother, James Robert Humphreys, and his sister, Diane
Humphreys-Barlow (hereinafter, Defendants), to recover
their pro-rata share of the cost and expenses incurred in
cleaning up fuel contamination on real property that
Plaintiff and Defendants had owned as tenants-in-common and
had sold.  Following a bench trial, the trial court found
that Defendants were liable to Plaintiff for their pro-rata
share of the total expense of $68,481.00, including ten
percent interest, that Plaintiff had incurred to remediate
the contamination on the property in question. 

Judge: W. FRANK CRAWFORD, PRESIDING JUDGE, W.S.

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

IN RE: MITCHELL GREER LOTT      
DANNY M. HIGHTOWER, JR., v. AMY LOTT,               

Court:TCA

R. Porter Feild, Burch, Porter &
Johnson of Memphis, For Appellant

Michael F. Pleasants of Memphis
For Appellee
                        
First Paragraph:

This appeal involves a petition to legitimate and change the
surname of a minor child, Mitchell Greer Lott. 
Respondent-appellant, Amy L. Lott, appeals from the order of
the Shelby County Juvenile Court that, inter alia, changed
the childs surname to Hightower.  The facts are undisputed.

Judge: CRAWFORD, J.

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

SCOTT McCLUEN   
v. THE ROANE COUNTY TIMES, INC., 
d/b/a THE STANDARD, and GERALD LARGEN           

Court:TCA

JOHN D. KITCH OF NASHVILLE and GEORGE ALLEN OF
GOODLETTSVILLE FOR APPELLANT

GERALD LARGEN OF KINGSTON FOR APPELLEES                        

First Paragraph:

This is a suit by Scott McCluen, County Attorney for Roane
County, against The Roane County Times, Inc., d/b/a The
Standard, and its owner and publisher Gerald Largen, seeking
damages for libel incident to two separate publications in
The Standard.

Judge: Goddard, P.J.

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

SUE MONROE, 
Vs.                             
CHRISTOPHER G. CUMMINGS, 
DAVID P. HANNESWORTH,

EDDIE QUEENS, CNA INSURANCE
COMPANY, 

Court:TCA

Sue Monroe, Pro Se

Tracy Shaw and Alice Margaret Essary of Nashville
For Appellees               

First Paragraph:

Plaintiff, Sue Monroe, also known as Carolyn Hayes, appeals
from the trial courts order dismissing her complaint for
failure to submit a more definite statement of her claims
against defendants Eddie Queens and CNA Insurance Co.

Judge: W. FRANK CRAWFORD,  PRESIDING JUDGE, W.S.

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

IN RE: THE ESTATE OF HOWARD D. SMITH, Deceased.     
SHAUN MURRAY                
vs.                 
JENNIE C. SMITH, Individually,      
and JENNIE C. SMITH, as Conservator for Howard D. Smith and
WESTERN SURETY COMPANY, MANUFACTURER,

Court:TCA

For the Plaintiff/Appellant:   For the Defendants/Appellees:
Scott Kirk                     Ted M. Hunderup    
Jackson, Tennessee             Humboldt, Tennessee
                          
First Paragraph:

This case involves an alleged breach of fiduciary duty by
the conservator of an estate.  After a bench trial, the
trial court held that the plaintiff had failed to prove a
breach of fiduciary duty.  We find that the trial court
misapplied the burden of proof and reverse the trial courts
decision.

Judge: DAVID R. FARMER,  J.

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

JOHN F. NICHOLS AND KERRY L. STEWART,
v.
METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY,

Court:TCA

James L. Murphy, III, Director of Law, Department of Law of
the Metropolitan Government of Nashville and Davidson County
John L. Kennedy of Nashville For Appellant

Charles W. Burson, Attorney General and Reporter Rachel L.
Steele, Assistant Attorney General For Appellee, State of
Tennessee
                         
First Paragraph:

This appeal arises out of an automobile accident which
occurred in Nashville at the four-way intersection of
Charlotte Avenue and Eakin-Weakley Drive (Seventh Avenue
North) on October 24, 1988.  Plaintiffs, John F. Nichols and
Kerry L. Stewart, filed suit against defendant, Metropolitan
Government of Nashville and Davidson County (Metro), for
personal injuries sustained in the accident.  They also
filed claims with the Tennessee Claims Commission against
the State of Tennessee.  Subsequently, the claims commission
cases were transferred for trial to the circuit court and
consolidated for trial with the plaintiffs actions against
Metro in the circuit court.

Judge: W. FRANK CRAWFORD, PRESIDING JUDGE, W.S.

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

SELANDER GATES OWENS, 
v.
ADAM'S MARK HOTELS,INC., MEMPHIS, et al,

Court:TCA

Alan Bryant Chambers of Memphis,
For Appellee

J. Edward Wise, John W. Simmons
of Memphis, For Appellant
                     
First Paragraph:

This case is before the Court pursuant to T.R.A.P. 9. 
Defendants, Adams Mark Hotels, Inc. (Adams Mark) and Seven
Seventeen HB Memphis Corporation (Seven Seventeen), appeal
from the order of the trial court that denied a motion to
dismiss and allowed plaintiff, Selander Gates Owens, to
amend her complaint to add Seven Seventeen as a party.

Judge: CRAWFORD, J.

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

ERNEST WHITE PATTON, III, v. LINDA HARVEY PATTON,   

Court:TCA

ALBERT L. WATSON, III, Chattanooga, for Plaintiff-Appellant.

ARTHUR C. GRISHAM, JR., GRISHAM, KNIGHT & HOOPER,
Chattanooga, for Defendant-Appellee.                         

First Paragraph:

In this divorce action, the husband appeals from the Trial
Courts determination of the classification of property as
marital property and the division of the marital estate.

Judge: Franks. J.

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

JAMES E. SIMONS and wife, MARGARET B. SIMONS        
v.
HERBERT H. REPLOGLE, Jr.,

Court:TCA

DAN McBETH, Trenton, Attorney for Plaintiffs/Appellants.

DAVID A. RIDDICK, Holmes, Rich & Sigler, P.C., Jackson,
Attorney for Defendant/Appellee.
                      
First Paragraph:

James E. Simons and Margaret B. Simons (plaintiffs) filed
suit in the Chancery Court of Madison County against Herbert
H. Replogle, Jr. (defendant) for the purpose of
establishing a common boundary line between the parties. 
Following a bench trial the chancellor established the
parties common boundary line based on the calls in
defendants deed.  On appeal plaintiffs have presented one
issue for our review:  whether the evidence preponderates
against the chancellors finding.  

Judge: TOMLIN, Sr. J.

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

ELVIE SMITH, ANNIE MAE BENNETT, Individually and as
Executrix of the Estate of Pearlie Mae Porter, Deceased;
WANNA MAY REDMON and PAUL E. WEAVER,
v.
LURENE FAULKNER, BETTY JEAN WEAVER, AND JAMES ARLIN PORTER,
v.
WALTER BENNETT, 

Court:TCA

F. Lloyd Tatum, Tatum & Tatum of
Henderson, For Appellees

Luther Wayne Robertson of 
Collierville, For Appellants,

First Paragraph:

Defendants-Appellants, Lurene Faulkner, Betty Jean Weaver,
and James Arlin Porter (Appellants), appeal from the
judgment of the trial court denying their claim for
attorneys fees to be paid by the estate of Pearlie Mae
Porter.

Judge: CRAWFORD, J.

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

JIMMY SPENCER,  
v.
MARJORIE NELLE CARDWELL, Commissioner, Tennessee Department
of Mental Health & Mental Retardation,

Court:TCA

R. EDDIE DAVIDSON, Nashville, Attorney for
Petitioner/Appellant.

CHARLES W. BURSON, Attorney General & Reporter, and EUGENIE
B. WHITESELL, Assistant Attorney General, Nashville,
Attorneys for Defendant/Appellee.
                        
First Paragraph:

Jimmy Spencer ("plaintiff") filed a complaint in the
Chancery Court of Davidson County against Evelyn C.
Robertson, Jr., Commissioner of the Tennessee Department of
Mental Health and Mental Retardation (hereinafter
"Department") and the Department (collectively referred to
as defendants) seeking a declaratory judgment on the
grounds that his due process rights had been violated as a
result of his termination as a civil service employee. 
Defendants filed an answer and motion to dismiss or in the
alternative for summary judgment, which was supported by
portions of two depositions.  The chancellor granted
defendants motion, holding that the state had not waived
its sovereign immunity, and that the court lacked subject
matter jurisdiction to entertain plaintiffs suit. 

Judge: TOMLIN, Sr. J.

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

VINCENT SPLAIN,     
v.
CITY OF MEMPHIS, W. W. HERENTON, Mayor, and CITY OF MEMPHIS
PENSION BOARDS,

Court:TCA

MONICE MOORE HAGLER, City Attorney, and L. KENNETH McCOWN,
Assistant City Attorney, Memphis, Attorneys for
Respondents/Appellants.

DEBORAH GODWIN, Agee, Allen, Godwin, Morris & Laurenzi,
Memphis, Attorney for Petitioner/Appellee.
                         
First Paragraph:

Vincent Splain (petitioner) filed a petition for writ of
certiorari in the Chancery Court of Shelby County against
the City of Memphis, W.W. Herenton, Mayor, and the City of
Memphis Pension Boards (respondents or by name) seeking
judicial review of the denial by the pension boards of
petitioners application for a line of-duty
disability pension.  The chancellor reversed the boards
decision and awarded petitioner a line-of-duty disability
pension.  On appeal respondents have presented one issue for
our consideration: whether the chancellor erred in reversing
the decision of the board when there was material evidence
to support it.  For the reasons hereinafter stated, we
reverse the judgment of the chancellor.

Judge: TOMLIN, Sr. J

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

DANIEL B. TAYLOR, v. STATE OF TENNESSEE,

Court:TCA

DANIEL B. TAYLOR, Pro Se, Memphis.

CHARLES W. BURSON, Attorney General & Reporter, and MEREDITH
DEVAULT, Senior Counsel, Nashville, Attorneys for
Defendant/Appellee.

First Paragraph:

Daniel P. Taylor (claimant) filed this suit against the
State of Tennessee (defendant or State) in the Tennessee
Claims Commission for damages he allegedly sustained due to
the malpractice of his court appointed attorney.  The Claims
Commission granted defendants motion to dismiss for lack of
subject matter jurisdiction.  The sole issue presented by
this appeal is whether the commissioner erred in so doing. 
We find no error and affirm.

Judge: TOMLIN, Sr. J. 

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

EVELYN JUNE THOMASON,       
v.
THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON
COUNTY,

Court:TCA

ROBERT J. NOTESTINE, III
104 Woodmont Blvd.
Suite 115
Nashville, Tennessee 37205
ATTORNEY FOR PLAINTIFF/APPELLANT

The Department of Law of the
Metropolitan Government of
Nashville and Davidson County

JAMES L. MURPHY, III
Director of Law

WARREN A. JASPER
Metropolitan Attorney
204 Metropolitan Courthouse
Nashville, Tennessee 37201
FOR DEFENDANT/APPELLEE
                         
First Paragraph:

The plaintiff, Evelyn June Thomason, has appealed from a
summary judgment dismissing her suit against the defendant,
Metropolitan Government of Nashville and Davidson County,
Tennessee, for personal injuries sustained in a fall on the
premises of the Lentz Health Center, a facility owned and
managed by the defendant.

Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION

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

JAMES R. TULLY, JR.,        
v.
USA WIRELESS, INC., PMT INVESTMENTS, INC., and PATRICK M.
THOMPSON, in both his individual and corporate capacity,

Court:TCA

LARRY D. ASHWORTH
ASHWORTH & HIGH
227 Second Avenue, North
Nashville, Tennessee 37201-1636
Attorney for Plaintiff/Appellant                        

HUGH C. HOWSER, JR.
KENNETH M. BRYANT
TRABUE, STURDIVANT & DEWITT
Nashville City Center
Nashville, Tennessee 37205
Attorney for Defendants/Appellees
Cross-Appellant USA Wireless, Inc.
                   
First Paragraph:

The issues in this appeal are (1) whether the chancellor
erred in granting a judgment against a corporation for back
wages, (2) whether the chancellor should have pierced the
corporate veil and granted a judgment against the
corporations principal shareholder and (3) whether the
court erred in dismissing the fraud claims against the
principal shareholder.  We affirm the chancellors decision
in part and reverse on the fraud claims made directly
against the principal shareholder.

Judge: BEN H. CANTRELL, JUDGE

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

IN RE: PETITION OF DANNY BLANKENSHIP BONDING COMPANY

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Matt Q. Bastian             Charles W. Burson
Attorney at Law             Attorney General & Reporter
505 Main Street, East       450 James Robertson Parkway
Hendersonville, TN 37075    Nashville, TN 37243-0493

                            Darian B. Taylor
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            Lawrence Ray Whitley
                            District Attorney General
                            113 Main Street, East
                            Gallatin, TN 37066

First Paragraph:

The appellant, Danny A. Blankenship, doing business as Danny
Blankenship Bonding Company, sought permission from the
trial court to write bail bonds in Sumner County.  The
proposed resident representative of the company in Sumner
County was the appellant, Glen M. Davis.  In the event Davis
was not available to write a bond, the proposed substitute
was Richard L. Gregory, an employee of the bonding company
and also an appellant in this case.  The trial court denied
the application because Blankenship did not possess
sufficient personal assets to support his companys writing
of bail bonds in the general sessions and criminal courts of
Sumner County.  The appellants appeal as of right from this
judgment.  Since the evidence supports the findings made by
the trial court, the judgment is affirmed.

Judge: Joe B. Jones, Presiding Judge

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

ARNOLD CARTER,  v.STATE OF TENNESSEE, 

Court:TCCA

For the Appellant:      For the Appellee:

Arnold Carter           Charles W. Burson
Pro Se                  Attorney General and Reporter
Route 4, Box 600        450 James Robertson Parkway
Pikeville, TN  37367    Nashville, TN  37243-0493
 
                        Eugene J. Honea
                        Assistant Attorney General
                        Criminal Justice Division
                        450 James Robertson Parkway
                        Nashville, TN  37243-0493
                                 
                        Steve Ward 
                        Asst. District Attorney General 
                        Athens, TN  37303

First Paragraph:

The petitioner, Arnold Carter, has filed a pro se appeal of
the trial court's dismissal of his petition for
post-conviction relief.  The single issue presented for
review is whether the petition was barred by the statute of
limitations. We reverse the judgment of the trial court.

Judge: Gary R. Wade, Judge

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

DAVID A. DARNELL, v. RICKY J. BELL, Warden, 

Court:TCCA

For the Appellant:      For the Appellee:

Cynthia M. Fort         Charles W. Burson
276 Harding Place       Attorney General and Reporter
Nashville, TN  37205    
                        Eugene J. Honea 
                        Assistant Attorney General                          
                        Criminal Justice Division
                        450 James Robertson Parkway
                        Nashville, TN 37243-0493                

First Paragraph:


The appellant, David A. Darnell, appeals from an order of
the Hickman County Circuit Court dismissing his application
for writ of habeas corpus.

Judge: David G. Hayes

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

GARY ROCCO DENAMI,  v. STATE OF TENNESSEE,     

Court:TCCA

For the Appellant:              For the Appellee:

Terry J. Canady             Charles W. Burson
211 Printer's Alley Bldg.   Attorney General of Tennessee
Suite 400                   and
Nashville, TN 37201         Miachelle L. Lehmann
                            Assistant Attorney General of TN
                            450 James Robertson Parkway     
                            Nashville, TN 37243-0493

                            Victor S. Johnson, III
                            District Attorney General
                            and
                            Dan H. Hamm
                            Asst District Attorney General
                            Washington Square
                            222 2nd Avenue North
                            Nashville, TN 37201-1649

First Paragraph:

The petitioner, Gary Rocco Denami, appeals as of right from
the Davidson County Criminal Courts dismissal of his
petition for post-conviction relief.  The petitioner was
convicted of attempted first degree murder and sentenced to
twenty years in the Department of Correction as a Range I,
standard offender.  While the direct appeal of his
conviction has been pending, the petitioner filed a petition
for post-conviction relief, which the trial court dismissed
as prematurely filed.  In this appeal, the petitioner
contends that his right to due process was violated because
the opinion in his direct appeal had not been rendered.  He
also contends that the premature filing of his petition is a
technical defect under T.C.A.  40-30-115(b) and that the
trial court erred by dismissing the petition without giving
him the opportunity to amend it.  We disagree with the
petitioners contentions.

Judge: Joseph M. Tipton  Judge

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

STATE OF TENNESSEE, v. MILTON FRANKLIN, JR.,        

Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

Charlie Allen, Jr.      Charles W. Burson
Attorney at Law         Attorney General & Reporter
P.O. Box 5027           
Oneida, TN 37841        
                        Darian B. Taylor
                        Assistant Attorney General
                        450 James Robertson Parkway
                        Nashville, TN 37243-0493

                        William Paul Phillips
                        District Attorney General
                        P.O. Box 10
                        Huntsville, TN 39756

                        John W. Galloway, Jr.
                        Assistant District Attorney General
                        P.O. Box 10
                        Huntsville, TN 39756                        

First Paragraph:

The appellant, Milton Franklin, Jr., entered a plea of
guilty to selling dihydrocodeinone, a Class D felony.  The
trial court found that the appellant was a standard offender
and imposed a Range I sentence consisting of confinement for
two (2) years in the Department of Correction.  In this
Court, the appellant contends that the trial court should
have suspended his sentence and placed him on probation, or,
in the alternative, sentenced him pursuant to the Tennessee
Community Corrections Act of 1985.  After a thorough review
of the record, the briefs of the parties, and the law
governing the issue presented for review, it is the opinion
of this Court that the judgment of the trial court should be
affirmed.

Judge: Joe B. Jones, Presiding Judge

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

STATE OF TENNESSEE, v. DANIEL G. HAMPTON,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:
Daniel G. Hampton, pro se   Charles W. Burson
Route 8, Box 1885           Attorney General & Reporter
Elizabethton, TN 37643      
                            Darian B. Taylor
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            David E. Crockett
                            District Attorney General
                            Route 19, Box 99
                            Johnson City, TN 37601

                            Steven R. Finney
                            Asst. District Attorney General
                            Carter County Courthouse Annex
                            Elizabethton, TN 37643
                       
First Paragraph:

The appellant, Daniel G. Hampton, was convicted of driving
under the influence, second offense, a Class A misdemeanor,
two counts of driving on a revoked license, Class B
misdemeanors, and violation of the implied consent law by a
jury of his peers.  The trial court sentenced the appellant
to eleven months and twenty-nine days in the Carter County 
Jail with all but seventy days suspended for the driving
under the influence, second offense; six months suspended in
the Carter County Jail for driving on a revoked license on
April 9, 1994 which was ordered to run concurrently with the
other sentences; and six months in the Carter County Jail
with all but twenty days suspended for driving on a revoked
license on April 1, 1994 which was ordered to run
consecutively to the driving under the influence, second
offense conviction.

Judge: JOE B. JONES, PRESIDING JUDGE

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

STATE OF TENNESSEE, v. MILES RODNEY HULLETTE,   

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Thomas K. McAlexander           Charles W. Burson
Hill Boren P.C.                 Attorney General & Reporter
1269 North Highland Avenue      
Jackson, TN 38303-3539          Hunt S. Brown
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                Doug Godbee
                                Asst District Attorney General
                                Hawkins County Courthouse
                                Main Street
                                Rogersville,  TN 37857
                          
First Paragraph:


The defendant reserved the right to appeal on the question
of the legality of the search of his vehicle, which the
trial court found to be valid. We affirm the judgment.

Judge: JOHN K. BYERS, SENIOR JUDGE

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

STATE OF TENNESSEE, v. TIMMY L. LASTER,

Court:TCCA

For the Appellant:          For the Appellee

Mark E. Stephens            Charles W. Burson
District Public Defender    Attorney General & Reporter
Sixth Judicial District     450 James Robertson Parkway
                            Nashville, TN 37243-0493
Leslie Nassios              
Asst. Public Defender       Michael J. Fahey, II            
Knoxville, TN 37921         Asst. Attorney General 
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            Randall E. Nichols
                            District Attorney General

                            Robert L. Jolley, Jr.
                            Asst. District Attorney General
                            City County Building
                            Knoxville, TN 37902
                        
First Paragraph:

The appellant, Timmy L. Laster, entered pleas of guilty to
three counts of especially aggravated kidnapping, a class A
felony, two counts of aggravated assault, a class C felony,
and one count of aggravated burglary, a class C felony.  He
was sentenced as a Range I, standard offender to twenty-two
years for each of the three especially aggravated
kidnappings in case number 55799; one of the sentences is to
run consecutively to the others, for an effective total of
forty-four years.  He was sentenced as a Range II, multiple
offender to concurrent six year sentences for the aggravated
assault and the aggravated burglary in case number 55800,
and to six years for the aggravated assault in case number
55801.  The six-year sentence for the aggravated burglary in
case number 55800 is to run consecutively to the sentences
in case number 55799.  The total effective sentence is
fifty-six years in the Department of Correction.

Judge: William M. Barker, Judge

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

STATE OF TENNESSEE, v. JAMES ROBERT LITTLETON,  

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Bob McDaniel Green          Charles W. Burson
600 North Roan Street       Attorney General & Reporter 
P.O. Box 28         
Johnson City, TN   37650    Hunt S. Brown     
(Sentencing & On Appeal)    Assistant Attorney General
                            Criminal Justice Division
Frederick M. Lance          450 James Robertson Parkway
804 West Market Street      Nashville, TN 37243-0493
Johnson City, TN   37601
(At Trial)                  David Crockett
                            District Attorney General

                            Joe C. Crumley, Jr.
                            Asst. Dist. Attorney General
                            P.O. Box 38                   
                            Jonesborough, TN   37659
                      
First Paragraph:

The appellant, James Robert Littleton, was convicted
following a jury trial of retaliation for past action.  He
brings this appeal claiming that:  (1) the evidence was
insufficient to support the verdict, and (2) the trial court
erred by allowing into evidence information provided by a
Star 69 telephone device.  Following our review, we affirm
the trial courts judgment.

Judge: PAUL G. SUMMERS, Judge

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

STATE OF TENNESSEE, v. BOBBY LOVE,                                          

Court:TCCA

For the Appellant:           For the Appellee:

Jerry C. Colley              Charles W. Burson
Attorney at Law              Attorney General & Reporter
Post Office Box 1476
Columbia, TN 38402           John B. Nisbet, III
(Appeal Only)                Assistant Attorney General
                             Criminal Justice Division
Gary Howell                  450 James Robertson Parkway
Attorney at Law              Nashville, Tennessee 37243-0493
710 North Main Street                                                                  
Post Office Box 442          T. Michael Bottoms
Columbia, Tennessee 38402    District Attorney General   
(Trial Only)                                                
                             Robert C. Sanders
                             Kymberly Hattaway
                             Assistant District Attorneys General
                             Post Office Box 1619
                             Columbia, Tennessee 384021619

First Paragraph:

Appellant, Bobby Love, was convicted in Maury County Circuit
Court of the crime of aggravated assault, a Class C felony,
by a jury.  The trial court found that appellant was a
standard offender and imposed a Range I sentence of
confinement for six years in the Department of Correction
and ordered restitution to the victim.

Judge: C. Creed McGinley Special Judge

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

HUGH MELSON, v. STATE OF TENNESSEE, 

Court:TCCA

For the Appellant:          For the Appellee:

Donald E. Dawson            Charles W. Burson
First American Building     Attorney General of Tennessee
315 Deaderick Street        and
Nashville, TN 37219         Gordon W. Smith  
                            Deputy Attorney General of TN
Kenneth H. King, Jr.        450 James Robertson Parkway
414 Union Street            Nashville, TN 37243-0493
P.O. Box 198062
Nashville, TN 37219         James G. (Jerry) Woodall
                            District Attorney General   
                            State Office Building
                            P.O. Box 2825     
                            Jackson, TN 38302-2825
                            and
                            Gordon W. Smith
                            Deputy Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0485

First Paragraph:

The petitioner, Hugh Melson, appeals as of right from the
Madison County Circuit Courts dismissal of his second
petition for post-conviction relief without an evidentiary
hearing.  The petitioner raises the following issues on
appeal:
(1) the conduct of the court evidences a predisposition to
dismiss the amended petition without a full and fair
consideration of its merits;
(2) the trial court applied an erroneous standard of waiver
in dismissing fourteen (14) of the petitioners claims;
(3) the trial court violated the petitioners constitutional
rights in dismissing fourteen (14) of the petitioners
claims as being previously determined;
(4) the trial court erred in dismissing the claims based on
the principles enunciated in Brown;
(5) the evidence was insufficient to warrant the trial
courts original charge concerning aggravating circumstances
and the jurys subsequent imposition of the death penalty
based upon the application of these circumstances;
(6) the heinous, atrocious or cruel aggravating
circumstance was unconstitutionally vague; and
(7) the petitioners constitutional rights were violated
when he was denied funds for expert investigative services.

Judge: Joseph M. Tipton Judge

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

STATE OF TENNESSEE, v. JAMES D. MORGAN,     

Court:TCCA

For the Appellant:          For the Appellee:

Joyce M. Ward               Charles W. Burson
Asst. Public Defender       Attorney General and Reporter
1609 College Park Drive 
Box 11                      Hunt S. Brown
Morristown, TN  37816       Assistant Attorney General                          
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493                
                        
                            C. Berkeley Bell, Jr.
                            District Attorney General
                            113 W. Church Street
                            Greeneville, TN  37743

First Paragraph:

The appellant, James Dale Morgan, pursuant to Rule 9, Tenn.
R. App. P., appeals from the decision of the Criminal Court
of Greene County affirming the district attorney general's
denial of his application for pre-trial diversion.  The
appellant seeks to divert the offense of statutory rape.  In
this interlocutory appeal, the appellant challenges the
trial court's finding that the district attorney did not
abuse his discretion in denying diversion.  Specifically,
the appellant alleges that the district attorney abused his
discretion by denying diversion based upon a recanted rape
allegation made by a second alleged victim after the
appellant's arrest on the present charge.

Judge: David G. Hayes, Judge

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

STATE OF TENNESSEE, v. JERRY GLENN NORRID,  

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:
ROBERT S. PETERS            CHARLES W. BURSON
Swafford, Peters & Priest   Attorney General and Reporter
100 First Avenue, S.W.
Winchester, TN 37398        SARAH M. BRANCH
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0485

                            C. MICHAEL LAYNE
                            District Attorney General

                            STEPHEN E. WEITZMAN
                            Assistant District Attorney General
                            Manchester, TN 37355
                        
First Paragraph:

The Defendant appeals as of right pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure.  He was convicted at
a jury trial of one count of theft of property over $10,000
and one count of theft of property over $1,000.  He was
sentenced as a Range II multiple offender to eight years for
count one and six years for count two.  The trial judge
ordered these sentences to be served consecutively.  The
Defendant appeals his sentences.  We reverse and modify the
judgment of the trial court to reflect concurrent sentences.

Judge: DAVID H. WELLES, JUDGE

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

STATE OF TENNESSEE, v. MICHAEL PARKS, a/k/a PAC MAN,        

Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

DANIEL L. MURPHY        CHARLES W. BURSON
P.O. Box 90             Attorney General and Reporter
Columbia, TN 38402
                        RENEE F. VIDELEFSKY
                        Assistant Attorney General
                        450 James Robertson Parkway
                        Nashville, TN 37243-0493

                        MIKE BOTTOMS
                        District Attorney General
                        P.O. Box 459
                        Lawrenceburg, TN 38464

First Paragraph:

The Defendant, Michael D. Parks, was granted this delayed
appeal by the trial court to seek review of the denial of
his request for a community corrections sentence.  The
Defendant was indicted on four counts of the sale of
cocaine, was convicted by jury trial in one count, and
pleaded guilty to the remaining three counts.  At the
sentencing hearing, he asked to be considered as a candidate
for community corrections.  The trial court denied this
request, and the Defendant now brings this delayed appeal. 
We affirm the judgment of the trial court.

Judge: DAVID H. WELLES, JUDGE

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

STATE OF TENNESSEE v. CHRIS RAMEY
w/CONCURRING OPINION

Court:TCCA

FOR THE APPELLANT:

O. Duane Slone
Attorney at Law
P.O. Box 1088
Danridge, Tn. 37725
                              
FOR THE APPELLEE:

Charles W. Burson
Attorney General and  Reporter
Hunt S. Brown
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tn. 37243  

G. Scott Green
Assistant District Attorney
Sevier County Courthouse
Sevierville, Tn. 37862

First Paragraph:

The appellant was originally charged with rape and sexual
battery.  The state amended the rape charge to attempted
rape.  The appellant sought pretrial diversion, which the
District Attorney General denied.  The appellant then sought
review of the denial and the trial judge affirmed the action
of the District Attorney General.  The appellant sought and
received an interlocutory appeal by permission of the trial
court pursuant to Rule 9, Tenn.R.App.P., and this Court
granted review.  On appeal he contends that the trial court
abused its discretion when pretrial diversion was denied to
him.  Since the record on appeal is incomplete, we are
unable to address the merits of appellant's complaint and
must affirm the judgment of the trial court.

Judge:  CHARLES LEE, Special Judge

URL:http://www.tba.org/tba_files/TCCA/RAMEY.OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/RAMEY.CON.WP6
URL:http://www.tba.org/tba_files/TCCA/RAMEY2.CON.WP6
Opinion-Flash

STATE OF TENNESSEE,v. RICHARD DENNIS REAGAN,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Mack Garner                 Charles W. Burson
District Public Defender    Attorney General & Reporter 
419 High Street
Maryville, TN 37804         Timothy F. Behan
                            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. Dist. Attorney General
                      
First Paragraph:

The appellant, Richard Dennis Reagan, appeals the trial
court's revocation of his probation.  His appeal, however,
is moot since he has served the entire sentence from which
he appeals.  See McIntyre v. Traughber, 884 S.W.2d 134
(Tenn. Ct. App. 1994) (noting that appeal concerning
legality of incarceration becomes moot upon unconditional
release); see also State v. Wiley, No. 02C01-9408-CC-00175
(Tenn. Crim. App. April 12, 1995).  This case does not fall
within an exception to the rule of mootness to warrant a
review.

Judge: PAUL G. SUMMERS,

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

STATE OF TENNESSEE, 
v.
WAYNE HYMES RICHARDS, a/k/a PETE RICHARDS,          

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:


STEVEN C. DOUGLAS           CHARLES W. BURSON
P.O. Box 422                Attorney General & Reporter
Crossville, TN   38557
                            HUNT S. BROWN
                            Asst. Attorney General
                            450 James Robertson Pkwy.                               
                            Nashville, TN  37243-0493
                
                            WILLIAM E. GIBSON
                            District Attorney General

                            OWEN G. BURNETT
                            Asst. District Attorney General
                            145 S. Jefferson St.                                    
                            Cookeville, TN   38501

                            JOHN NISBET
                            Asst. District Attorney General 
                            205 East 2nd St.
                            Crossville, TN   38555  
                          
First Paragraph:

The defendant was originally indicted separately for two
offenses of the sale of marijuana.  He was subsequently
reindicted, with each new indictment charging him with
alternate counts of the sale or delivery of marijuana.  Case
number 3453 alleged an offense date of July 28, 1992; case
number 3454 alleged an offense date of July 30, 1992.  Case
number 3454 was tried by a jury in March 1994, resulting in
a mistrial.  The State then moved to consolidate the two
cases, which the court granted over the objection of the
defendant.  The two cases were then tried together by a
jury, and the defendant was convicted of two counts of
delivery of marijuana.

Judge: JOHN H. PEAY, Judge

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

STATE OF TENNESSEE  v. ELLA MAY SHELFER    

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Kenneth L. Miller           Charles W. Burson
Logan, Thompson, Miller,    Attorney General
Bilbo, Thompson & Fisher
Attorneys at Law            Sharon S. Selby
P.O. Box 191                Assistant Attorney General
Cleveland, TN 37364-0191    450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            Jerry N. Estes
                            District Attorney General

                            Sarah Bird
                            Asst. Dist. Attorney General
                            P.O. Box 1351
                            Cleveland, TN 37364-1351
                        
First Paragraph:

The defendant, Ella Mae Shelfer, was indicted for conspiracy
to commit first degree murder and for attempt to commit the
first degree murder of her husband, Andy Shelfer.  The case
was initially set for trial on February 16, 1993, at which
time the trial court granted the state's request for a
continuance on the ground that an essential witness had
failed to appear.  Beginning on May 17, 1993, the defendant
was tried before a jury, found to be guilty of the offense
of attempted first degree murder, and sentenced to twenty
years in the Department of Correction.  On appeal, the
defendant raises the following issues:

Judge: JERRY SCOTT, PRESIDING JUDGE

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

STATE OF TENNESSEE, v. BILLY W. WADDEY, 

Court:TCCA

For the Appellant:          For the Appellee:

Robert H. Plummer, Jr.      Charles W. Burson
415 Bridge Street           Attorney General and Reporter
P. O. Box 1361  
Franklin, TN  37065-1361    Michelle L. Lehmann
                            Assistant Attorney General                          
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493                
                        
                            Joseph D. Baugh, Jr.
                            District Attorney General

                            Emily Walker
                            Asst. District Attorney General
                            P. O. Box 937
                            Franklin, TN  37065-0937
                        
First Paragraph:

The appellant, Billy W. Waddey, was convicted in the
Williamson County Circuit Court of operating a vehicle under
the influence of an intoxicant, third offense, in violation
of Tenn. Code Ann.  55-10-401 (1993), and driving on a
revoked license in violation of Tenn. Code Ann.  55-50-504
(1993).  The appellant now challenges the sufficiency of the
evidence to sustain his conviction for DUI.

Judge: David G. Hayes Judge

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

JAMES YOUNG,v. DAVID MILLS, WARDEN, and STATE OF TENNESSEE,          

Court:TCCA

For the Appellant:              For the Appellee:

James Young, Pro Se             Charles W. Burson
Turney Ctr Industrial Prison    Attorney General of TN
Route One                       and
Only, TN 37140-9709             Clinton J. Morgan
                                Asst Attorney General of TN
                                450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                Joseph D. Baugh, Jr.
                                District Attorney General
                                P.O. Box 937
                                Franklin, TN 37065-0937
                         
First Paragraph:

The petitioner, James Young, appeals as of right from the
Hickman County Circuit Courts denial of habeas corpus
relief.  He is presently in the custody of the Department of
Correction in Hickman County serving a life sentence for
first degree murder and a concurrent three-year sentence for
grand larceny.  These Shelby County convictions were
affirmed on appeal.  State v. James Young, No. 55, Shelby
Co. (Tenn. Crim. App. Apr. 5, 1989), app. denied (Tenn. July
3, 1989).   This court also affirmed the dismissal of a
post-conviction petition challenging the convictions.  James
Young v. State, No. 02C01-9212-CR-00279, Shelby Co. (Tenn.
Crim. App. Oct. 13, 1993), app. denied (Tenn. Mar. 7, 1994).
 On May 5, 1995, the petitioner filed an application for
writ of habeas corpus.  The trial court dismissed the
application because it failed to state grounds for habeas
corpus relief.

Judge: Joseph M. Tipton Judge

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

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