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- 04-New Opinons From TSC-Workers Comp Panel
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STATE OF TENNESSEE, EX REL., Appellant, v. BROOK THOMPSON, State Coordinator of Elections RILEY DARNELL, Secretary of State, CHARLES BURSON, Attorney General of Tennessee DON SUNDQUIST,Governor of the State of Tennessee PENNY WHITE,Justice of the Supreme Court of Tennessee, In their respective official capacities, Defendants STATE OF TENNESSEE EX REL., LEWIS LASKA Appellant, BROOK THOMPSON, Coordinator of Elections, Court:TSC FOR APPELLANT HOOKER FOR STATE DEFENDANTS John J. Hooker, Pro Se Robert L. Delaney Charles W. Burson Nashville Attorney General & Reporter FOR APPELLANT LASKA Andy D. Bennett Bob Lynch, Jr. Associate Chief Deputy Nashville Michael W. Catalano FOR INTERVENOR KING Associate Solicitor General John K. King, Pro Se Knoxville Judge: BY THE SPECIAL COURT First Paragraph: These consolidated cases arise from the efforts of appellants, Lewis Laska and John Jay Hooker, to have their names placed on the ballot for the August 1, 1996, statewide election to the office of Supreme Court Justice. The deadline for filing nominating petitions for this election was 12:00 noon on May 16, 1996, in accordance with T.C.A. 2-5-101. URL:http://www.tba.org/tba_files/TSC/HOOKER2.OPN.WP6 DANNY J. ADAMS, v. LIBERTY MUTUAL INSURANCE COMPANY and PLUMLEY COMPANIES, INC., and U. S. TOOL & GAUGE, INC., w/JUDGMENT ORDER Court:TSC - Workers Comp Panel FOR APPELLANT: FOR APPELLEES: Catherine B. Clayton Lisa June Cox Spragins, Barnett, Cobb 64 Lynoak Cove & Butler Jackson, TN 38305 Post Office Box 2004 Jackson, TN 38302-2004 Floyd S. Flippin Adams, Ryal & Flippin Post Office Box 160 Humboldt, TN 38343 Judge: CLARK 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. Liberty Mutual Insurance Company (Liberty Mutual) and Plumley Companies, Inc. (Plumley) have appealed the trial courts decision requiring them to pay plaintiff workers compensation benefits based on fifty percent permanent impairment to the body as a whole. Liberty Mutual and Plumley raise four issues: 1. Should Plumley be responsible for a shoulder injury that did not occur during plaintiffs employment there? 2. Is plaintiffs shoulder injury claim against Plumley barred by his misrepresentation of his physical condition? 3. Is plaintiffs claim of a shoulder injury barred by his failure to give timely notice to Plumley? 4. Should plaintiffs subsequent employer, defendant U. S. Tool & Gauge (U. S. Tool) be responsible for any aggravation to his shoulder where plaintiff did not seek medical treatment until he had worked for U. S. Tool for about five months? URL:http://www.tba.org/tba_files/TSC_WCP/ADAMSDAN.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/ADAMSDAN.JO.WP6 FLORINE VANDYKE v. PLUMLEY RUBBER COMPANY and LIBERTY MUTUAL INSURANCE CO., w/JUDGMENT ORDER Court:TSC - Workers Comp Panel For Appellants: For Appellee: Catherine B. Clayton Ricky L. Boren Spragins, Barnett, Cobb & Butler Hill Boren Jackson, Tennessee Jackson, Tennessee Judge: White First Paragraph: This workers compensation appeal 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) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer, Plumley Rubber Company and the insurance carrier, Liberty Mutual, contend the trial court erred in granting judgment for medical expenses to the employee after they had been paid by the employees health plan. The panel agrees and reverses the judgment of the trial court. URL:http://www.tba.org/tba_files/TSC_WCP/VANDYKE.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/VANDYKE.JDG.WP6 VICTORIA NGOZI ANENE v. JOHN NNAMDI ANENE Court:TCA JOHN R. MELDORF, III, OF HIXSON FOR APPELLANT PHILLIP C. LAWRENCE OF CHATTANOOGA FOR APPELLEE Judge: Goddard First Paragraph: The Defendant, John Nnamdi Anene appeals a judgment of the Circuit Court of Hamilton County granting Victoria Ngozi Anene's petition for divorce and awarding her custody of their three minor children. Mr. Anene raises five issues on appeal, two of which are jurisdictional. (See appendix.) As to the jurisdictional issues, we find that the Circuit Court of Hamilton was correct in assuming jurisdiction to hear both the divorce and custody issues. We find the remaining issues to be without merit. URL:http://www.tba.org/tba_files/TCA/ANENE.OPN.WP6 GROVER R. BASS, v. JOHN C. KIMBROUGH, Court:TCA ROGER A. STONE STONE, HIGGS, and DREXLER Memphis, Tennessee Attorney for Appellant WILLIAM A. COHN THE COHN LAW FIRM Cordova, Tennessee Attorney for Appellee Judge: ALAN E. HIGHERS First Paragraph: This case concerns liability in connection with the default on a promissory note for the purchase of stock in a closely held corporation. After a bench trial, the trial court awarded a judgment in favor of the plaintiff and also awarded attorneys fees to plaintiff. Two principal issues are before the Court. The first is whether the plaintiff gave the necessary parties proper notice of default under the terms of the promissory notes executed by the parties. The second is whether the guarantor of the promissory notes is liable under the personal guaranty if proper notice was, in fact, given. We find that the trial court was correct in its holding that proper notice was given and that the personal guarantor was liable. Accordingly, we affirm the trial courts conclusion. URL:http://www.tba.org/tba_files/TCA/BASSGRO.OPN.WP6 BELLSOUTH TELECOMMUNICATIONS, INC., v. KEITH BISSELL, STEVE HEWLETT, SARA KYLE, Constituting the Tennessee Public Service Commission, Court:TCA FOR APPELLANT: FOR APPELLEES: Bennett L. Ross Dianne F. Neal Nashville, Tennessee Public Service Commission Nashville, Tennessee FOR INTERVENOR FOR TENNESSEE CONSUMERS: AT? COMMUNICATIONS, INC: Charles W. Burson Attorney General & Reporter Val Sanford John Know Walkup Michael E. Moore Nashville, Tennessee Solicitor General L. Vincent Williams Consumer Advocate Division Nashville, Tennessee Judge: BEN H. CANTRELL First Paragraph: The Tennessee Public Service Commission ordered the completion of a previously authorized investigation of the future earnings of BellSouth Telecommunications, despite legislative developments that stripped the Commission of its authority to use such an investigation to set telephone rates. BellSouth filed a petition with this court for review of the PSCs order, arguing that completion of the investigation was inconsistent with the legislative purpose. We reverse the Commissions order and remand the case for further consideration by the Tennessee Regulatory Commission. URL:http://www.tba.org/tba_files/TCA/BELLS1.OPN.WP6 ARTHUR BLAIR, v. MARILYN BADENHOPE, Court:TCA CHARLES G. CURRER, Knoxville, for Petitioner-Appellant. JOHN T. MILBURN ROGERS, ROGERS, LAUGHLIN, NUNNALLY, HOOD & CRUM, Greeneville, for Respondent-Appellee. Judge: Franks First Paragraph: Joy Badenhope is the child of Susan Badenhope and Arthur Blair. Susan Badenhope, a resident of North Carolina, died when the child was less than one year old. After her death, Joy began residing with her maternal grandmother, Marilyn Badenhope, in Tennessee. The grandmother was granted custody by a North Carolina court in an action for custody she filed some two months after the mothers death. The father soon thereafter moved to Tennessee and filed an action in Tennessee to increase visitation and attain custody. URL:http://www.tba.org/tba_files/TCA/BLAIRA.OPN.WP6 RICHARD BRIGGS and STEPHANIE R. BRIGGS, v. RIVERSOUND LIMITED PARTNERSHIP, WILLIAM S. NIX d/b/a WSN ENTERPRISES, GENERAL PARTNER, and DARYL WAGNER, Court:TCA DAVID N. GARST, Lewis, King, Krieg & Waldrop, P.C., Knoxville for appellant. DAVID E. SMITH, Hodges, Doughty & Carson, Knoxville, for Appellee. Judge: McMurray First Paragraph: The single issue in this case is whether a remote purchaser of a home may maintain a negligence action against the builder of the home despite a lack of contractual privity. The trial court granted summary judgment in favor of the defendant and this appeal resulted. We reverse the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/BRIGGSR.OPN.WP6 ADA BELL BROWN and BEVERLY J. EVERETT, MARION EVERETT BARTON, and GERALD JOSEPH EVERETT, v. RALPH EVERETT (individually and as Executor of the Estate of Joseph Robert Everett), HERBERT D. EVERETT, JAMES R. EVERETT, DORIS D. HIGGINS, KATIE T. TOMLINSON and LAURA SHAW, Court:TCA DAVID R. SWAFFORD, SWAFFORD & SWAFFORD, Pikeville, for Plaintiffs-Appellees. EDWIN Z. KELLY, JR., KELLY, KELLY & GOUGER, P.C., Jasper, for Defendants-Appellants, Ralph Everett, James R. Everett, Doris D. Higgins, Katie G. Tomlinson, and Laura Shaw. Judge: Franks First Paragraph: In this contest of the will of the deceased, Joseph Everett, a jury returned special verdicts that the deceased did not have sufficient mental capacity to make a valid will, and Joseph Robert Everett, Deceased, was unduly influenced by Ralph Everett on March 11 to the extent that such influence amounted to coercion, destroying the free will of the deceased and substituting his will for the deceased and compelling the deceased to make a disposition he otherwise would not have made. URL:http://www.tba.org/tba_files/TCA/BROWNAB.OPN.WP6 DANA LYNNE BURLESON, v. MICKEY DWAYNE BURLESON, Court:TCA James F. Butler, SPRAGINS, BARNETT, COBB & BUTLER, Jackson, Tennessee Attorney for Defendant/Appellant. Carthel L. Smith, Jr., Lexington, Tennessee Attorney for Plaintiff/Appellee. Judge: FARMER First Paragraph: Defendant-Appellant, Mickey Dwayne Burleson (Father), appeals the trial courts judgment denying his petition to modify the child custody provisions of the parties final divorce decree. URL:http://www.tba.org/tba_files/TCA/BURLESON.OPN.WP6 FAYE LOUISE TAYLOR CHADWELL v. ALBERT CHADWELL and CONSOLIDATION COAL COMPANY Court:TCA JERROLD L. BECKER and LUCINDA M. ALBISTON OF KNOXVILLE FOR APPELLANTS JOHNNY V. DUNAWAY OF LaFOLLETTE OF KNOXVILLE FOR APPELLEE Judge: Goddard First Paragraph: In this post-divorce proceeding, the Chancellor found that certain assets owned by Albert Chadwell at the time of the parties divorce were marital assets and that his former wife, Faye Louise Taylor Chadwell, was entitled to a judgment against him of $94,320 which included interest from the date of the divorce. The Chancellor also impressed a lien against certain real estate originally owned by Mr. Chadwell, who later purported to transfer an interest to his present wife. Both the real estate and the home Mr. Chadwell erected thereon were paid for in part with the assets in dispute in this appeal. URL:http://www.tba.org/tba_files/TCA/CHADWELL.OPN.WP6 JOSEPH COLLINS, III v. HELENE LAROSE CLEGG, Court:TCA Attorneys: N/A Judge: HOLLY KIRBY LILLARD First Paragraph: RULE 10 ORDER AND OPINION This matter appears appropriate for consideration pursuant to Rule 10(a) of the Rules of the Court of Appeals of Tennessee. The facts in this case are well summarized in the Memorandum Opinion by the Honorable Joe G. Riley: The mother and father lived together in Michigan for approximately fifteen (15) years but were never married. They had a daughter, Cnanah, now seven (7) years of age. URL:http://www.tba.org/tba_files/TCA/COLLINS3.OPN.WP6 MICHAEL SCOTT EVANS, v. KAREN MARIE BISSON STEELMAN, w/DISSENTING OPINION & CONCURRING OPINION Court:TCA CLARK LEE SHAW 2525 Lebanon Road Nashville, Tennessee 37214 STEVEN M. MOORE 30 Music Square West, Suite 301 Nashville, Tennessee 37203 Attorneys for Petitioner/Appellant PHILLIP W. DUER MARY ARLINE EVANS 214 Third Avenue, North Nashville, Tennessee 37201 Attorneys for Respondent/Appellee CHARLES W. BURSON Attorney General & Reporter JENNIFER HELTON SMALL Deputy Attorney General 1510 Parkway Towers Nashville, Tennessee Intervenor Judge: BEN H. CANTRELL First Paragraph: In this appeal we are asked to re-visit the question of whether a man who fathers a child by a married woman may legitimate the child. The Davidson County Juvenile Court held that the legitimation statute allowing a putative father to legitimate a child not born in lawful wedlock applied only to children born to unmarried women. If that interpretation holds, the appellant attacks the constitutionality of the statute on due process and equal protection grounds. We affirm the lower courts interpretation of the statute and reject the appellants contention that the statute is constitutionally defective. URL:http://www.tba.org/tba_files/TCA/EVANSM.OPN.WP6 URL:http://www.tba.org/tba_files/TCA/EVANSM.CON.WP6 URL:http://www.tba.org/tba_files/TCA/EVANSM.DIS.WP6 JEANNIE FARROW, v. CHARLES F. BARNETT AND FORT SANDERS PARKWEST MEDICAL CENTER, Court:TCA CARL R. OGLE, JR. P.O. Box 129 Jefferson City, TN 37760 ATTORNEY FOR PLAINTIFF/APPELLANT ROBERT H. WATSON, JR. JOHN C. DUFFY Watson, Hollow and Reeves, P.L.C. 1700 First Tennessee Plaza Tower 800 South Gay Street Post Office Box 131 Knoxville, Tennessee 37901-0131 ATTORNEYS FOR DEFENDANT/APPELLEE CHARLES F. BARNETT, M.D. F. MICHAEL FITZPATRICK Arnett, Draper & Hagood 2300 First Tennessee Plaza Knoxville, Tennessee 37929-2300 ATTORNEY FOR DEFENDANT/APPELLEE FORT SANDERS PARKWEST MEDICAL CENTER Judge: SAMUEL L. LEWIS First Paragraph: This is an appeal by plaintiff/appellant, Jeannie Farrow, from two orders of the trial court which granted the motion to dismiss filed by defendant/appellee, Charles F. Barnett, M.D. (Dr. Barnett), and the motion for summary judgment filed by defendant/appellee, Fort Sanders Parkwest Medical Center (the Medical Center). In its orders, the trial court concluded that plaintiff failed to file her action within the applicable statute of limitations. The facts out of which this controversy arose are as follows. URL:http://www.tba.org/tba_files/TCA/FARROWJ2.OPN.WP6 LAMAR FLETCHER, v. JOHN W. CAMPBELL, Court:TCA Lamar Fletcher, Pro Se Donnie E. Wilson, County Attorney, Memphis, Tennessee Danny Presley, Executive Assistant County Attorney, Memphis, Tennessee For Defendant/Appellee. Judge: FARMER First Paragraph: Plaintiff-Appellant, Lamar Fletcher (Fletcher), appearing pro se, appeals the trial courts order granting the motion to dismiss filed by Defendant-Appellee, JohnW. Campbell (Campbell). In May 1995, Fletcher filed a complaint for fraud against Campbell. The essence of Fletchers fraud claim was that Campbell, Fletchers former attorney, testified untruthfully at a December 1992 hearing held on Fletchers petition for post-conviction relief in a criminal case and that, relying upon these misrepresentations, the criminal court judge hearing the case denied Fletchers petition. URL:http://www.tba.org/tba_files/TCA/fletchr2.opn.WP6 DEBRA JEWELL YOUNG FORD, v. DENNIS CLIFFORD FORD, Court:TCA STEPHEN DAVIS CRUMP, Chancey, Kanavos & Crump, Cleveland, for Appellant. ROGER E. JENNE, Jenne, Scott & Bryant, Cleveland, for appellee. Judge: McMurray First Paragraph: This appeal arises from the judgment of the trial court which, among other things, awarded a divorce to the defendant, provided for custody of the parties' minor children and made a division of the marital estate. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/FORDDC.OPN.WP6 PAMELA LEMOINE FORD, v. MICHAEL BURKE FORD, Court:TCA MARTIN B. DANIEL Memphis, Tennessee Attorney for Appellant MARK D. JOHNSTON Dyersburg, Tennessee Attorney for Appellee Judge: ALAN E. HIGHERS First Paragraph: In this post-divorce proceeding, Pamela Ford (wife) filed a petition to modify child support and alimony. Although the trial court declined to increase alimony, the court increased the amount of child support that Michael Ford (husband) was obligated to pay based upon his increased income. Wife has appealed and argues that the trial court erred in several respects. First, she asserts that the trial court erred in holding that the husbands receipt of principal from an irrevocable trust is not gross income as that term is defined within the child support guidelines. Next, she contends that the trial court improperly failed to consider the value of the trust in increasing child support. Furthermore, wife argues that the trial court should have imputed income to husband based upon his voluntary unemployment. Finally, wife argues that the trial court erred in denying her request for an increase in alimony. For the reasons stated below, the judgment below is affirmed in part, reversed in part, and remanded for further proceedings. URL:http://www.tba.org/tba_files/TCA/FORDPL.OPN.WP6 FRED JOHNS, ADMINISTRATOR OF THE ESTATE OF SUE EVA JOHNS, v. TAKOMA ADVENTIST HOSPITAL, Court:TCA DAVID W. BLANKENSHIP, Kingsport, for Plaintiff/Appellant. ROY F. SATTERWHITE, III, and JAMES H. LONDON, LONDON, AMBURN & THOMFORDE, P.C., Knoxville, for Defendant/Appellee. Judge: Franks First Paragraph: In this action for damages for personal injuries to the deceased, the complaint alleged the deceased "was placed in a room while in defendant hospital, and on April 18, 1991, she was found lying on the floor with injuries about her head and face." It was further alleged that "it was not learned until well after her death, in conversation with the physicians of the plaintiff decedent, that the decedent more likely would have survived for many years had she not fallen . . ." URL:http://www.tba.org/tba_files/TCA/JOHNSFR.OPN.WP6 SUSAN KAY MALIK, v. KAFAIT U. MALIK, Court:TCA RUSSELL C. WINSTON Memphis, Tennessee Attorney for Appellant JAMES B. FISHER, JR. Memphis, Tennessee Attorney for Appellee Judge: ALAN E. HIGHERS First Paragraph: In this post-divorce proceeding, Kafait U. Malik (husband) appeals from the trial courts judgment ordering him to cash out and/or borrow against his pension and retirement funds in order to satisfy the courts prior distribution of marital property to Susan K. Malik (wife). URL:http://www.tba.org/tba_files/TCA/MALIKSK.OPN.WP6 MARK McCAIN,v. AIRPORT HONDA and BOB RUTHERFORD, Court:TCA KEVIN W. SHEPHERD, Maryville, for Plaintiff-Appellant. BEECHER A. BARTLETT, JR., and ADRIENNE L. ANDERSON, KRAMER, RAYSON, LEAKE, RODGERS & MORGAN, Knoxville, for Defendants Appellees. Judge: Franks First Paragraph: In this action asking damages for alleged retaliatory discharge, the Trial Court granted employer summary judgment, and plaintiff has appealed. We affirm. URL:http://www.tba.org/tba_files/TCA/MCCAINM.OPN.WP6 BILLY GWINN MITCHELL, v. SAM F. COLE, JR., Substitute Trustee, ESTATE OF PRUDENCE REYNOLDS, and GERALD W. PICKENS,Administrator CTA, Court:TCA Attorneys: N/A Judge: Hewitt P. Tomlin First Paragraph: ORDER Plaintiff has timely filed a petition to rehear in this cause. After full consideration the petition is respectfully denied. URL:http://www.tba.org/tba_files/TCA/MITCHELL.ORD.WP6 TERI MICHELLE PARKER, v. RICHARD KEN PARKER, Court:TCA For the Plaintiff/Appellant: For the Defendant/Appellee: Robert Clive Marks Laurence M. McMillan, Jr. Clarksville, Tennessee Clarksville, Tennessee Judge: HOLLY KIRBY LILLARD First Paragraph: In this case, Plaintiff-Appellant, Teri Michelle Parker (Wife), appeals the trial courts decision to award custody of the parties' child, Dylan Ken Parker, to Defendant-Appellee, Richard Ken Parker (Husband), alleging that the custody determination was based on the effects of racial prejudice. We affirm the trial courts award of custody to Husband. URL:http://www.tba.org/tba_files/TCA/PARKERTM.OPN.WP6 RONNIE WILSON PERRY, v. MARLA RENEE PERRY (ROBINSON) Court:TCA For the Plaintiff/Appellee: For the Defendant/Appellant: Jessica Dawn Dugger Jon S. Jablonski Gregory S. Gill Nashville, Tennessee Lebanon, Tennessee Judge: HOLLY KIRBY LILLARD First Paragraph: This is a child custody case. Appellant Marla Perry sought to move out of state with the minor children of her previous marriage. In response, Appellee Ronnie Perry filed a petition seeking a change in custody. The trial court held that custody would be changed in the event that the mother moved out state. We reverse, based on the Tennessee Supreme Courts decision in Aaby v. Strange, 924 S.W.2d 623 (Tenn. 1996) URL:http://www.tba.org/tba_files/TCA/PERRYRW.OPN.WP6 ELMER RICHARDSON, Individually, and as Surviving Spouse of Goldie H. Richardson, Deceased v. CITY OF KNOXVILLE Court:TCA SHARON E. BOYCE OF KNOXVILLE FOR APPELLANT JOHN T. JOHNSON, JR., OF KNOXVILLE and BILL FAIN OF SEYMOUR FOR APPELLEE Judge: Goddard First Paragraph: The City of Knoxville appeals judgments rendered in favor of Elmer Richardson, surviving spouse of Goldie H. Richardson, for personal injuries received by him and the wrongful death of his wife in the amount of $30,000, and $130,000, respectively. URL:http://www.tba.org/tba_files/TCA/RICHARDE.OPN.WP6 WENDY SETTERS, individually and as the parent of the minors, Melanie Ann Setters and Nicole Krystal Setters, v. PERMANENT GENERAL ASSURANCE CORPORATION, Court:TCA For Appellant For Appellee E.L. PARKER, III JERRY M. MARTIN Etowah, Tennessee Knoxville, Tennessee Judge: Susano First Paragraph: This is a declaratory judgment action. In the complaint, Wendy Setters (Mrs. Setters) seeks a declaration that an exclusion in her automobile insurance policy is invalid as against public policy; and, alternatively, that the exclusion, due to an ambiguity in the insurance policy, is unenforceable against her. The subject provision excludes the extension of liability coverage to an insured when that persons negligence causes injury to a family member. Relying on this exclusion, the defendant, Permanent General Assurance Corporation (Permanent General), denied coverage with respect to claims asserted by Mrs. Setters individually and on behalf of her children arising solely out of injuries sustained by the children in an automobile accident. The accident was caused, in part, by the negligent driving of her husband. The trial court granted Permanent Generals motion for judgment on the pleadings, finding the exclusion to be valid, enforceable and not violative of the public policy of Tennessee. Plaintiff appeals, raising two issues that present the following questions:1. Is a provision in an automobile insurance policy excluding coverage for liability to a family member violative of the public policy of Tennessee? 2. Is the liability coverage in the subject policy ambiguous so as to warrant a strict construction against Permanent General? URL:http://www.tba.org/tba_files/TCA/SETTERS.OPN.WP6 LINDA DIANE STAMPS, v. STEPHEN RAY STAMPS, Court:TCA STEPHEN RAY STAMPS, Pro Se. Judge: FARMER First Paragraph: Stephen Ray Stamps appeals the judgment of the trial court dismissing his Petition for Visitation Rights for lack of jurisdiction. The parties were divorced in the court below and Linda Diane Stamps was awarded custody of the parties minor daughter. Mr. Stamps was incarcerated at that time. URL:http://www.tba.org/tba_files/TCA/STAMPSLD.OPN.WP6 SUSAN RENEE WRIGHT WILLIAMSON,v. JOHN HOUSTON WILLIAMSON, Court:TCA PERRY P. PAINE, JR., PAINE, GARRETT & BRAY, Maryville, for Plaintiff-Appellant. JERRY G. CUNNINGHAM, KIZER & BLACK, Maryville, for Defendant Appellee. Judge: Franks First Paragraph: In this divorce action the Trial Court awarded to each party an absolute divorce from the other on the grounds of inappropriate marital conduct. The Court awarded the custody of the parties two minor children to the mother, ordered the father to pay child support based upon the guidelines, and in dividing the parties marital estate concluded that their home was a gift from the husbands parents to him alone, and therefore separate property. From this latter determination, the wife has appealed. URL:http://www.tba.org/tba_files/TCA/WILLIASR.OPN.WP6 WILLIAM A. WINNINGHAM, Executor of the Estate of Alston Winningham, v. TAMMY K. WINNINGHAM, Court:TCA JOHN R. OFFICER, Livingston, for Appellant. HARRY D. SABINE, Sabine & Douglas, P.C., Crossville, for Appellee. Judge: McMurray First Paragraph: We are called upon in this appeal to determine whether relying on the advice of an attorney in filing an unfounded will contest constitutes probable cause sufficient to avoid the enforcement of a forfeiture clause in the will. For the reasons set forth below, we find that such reliance does constitute probable cause, and reverse the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/WINHAM.OPN.WP6 STATE OF TENNESSEE,v. BRIAN K. COLLINS, Court:TCCA For Appellant: For Appellee: Gale Flanary Charles W. Burson Assistant Public Defender Attorney General & Reporter Office of the Public Defender P.O. Box 839 Clinton J. Morgan Blountville, TN 37617 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 Nancy Harr Assistant District Attorney General Second Judicial District P.O. Box 526 Blountville, TN 37617 Judge: GARY R. WADE First Paragraph: The defendant, Brian K. Collins, was convicted of violating a habitual traffic offender order, violation of registration, and evading arrest. He was sentenced as a range one offender to two years for violating the order, thirty days for violation of registration, and eleven months and twenty nine days for evading arrest, all to be served concurrently. This is his appeal of right. URL:http://www.tba.org/tba_files/TCCA/COLLINSB.OPN.WP6 STATE OF TENNESSEE, v. KATHERINE H.GALLAHER Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: MR. J. DANIEL FREEMON CHARLES W. BURSON Attorney at Law Attorney General and Reporter Freemon and Hillhouse P.O. Box 787 Lawrenceburg, TN 38426 CHARLOTTE H. RAPPUHN Attorney Generals Office 450 James Robertson Parkway Nashville, TN 37243 JOHN W. OVERTON Asst. District Attorney General Main Street Savannah, TN 38372 Judge: LYNN W. BROWN First Paragraph: The appellant, Katherine H. Gallaher, pleaded guilty in the Criminal Court for Hardin County, Tennessee, to the offense of driving under the influence of an intoxicant, second offense. The trial court imposed a sentence of 11 months and 29 days of which the appellant was required to serve 180 days in jail followed by 5 months and 29 days of supervised probation. Her drivers license was revoked for three years and a fine of six hundred dollars was imposed. The only issue presented in this appeal is whether the sentence imposed by the trial court is appropriate. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/gallahr2.opn.WP6 STATE OF TENNESSEE, v. JOSEPH A. MILLS, JR., Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Natalee S. Hurley Charles W. Burson Assistant Public Defender Attorney General & Reporter 419 High Street 450 James Robertson Parkway Maryville, TN 37804 Nashville, TN 37243-0497 OF COUNSEL: Timothy F. Behan Assistant Attorney General R. Mack Garner 450 James Robertson Parkway District Public Defender Nashville, TN 37243-0493 419 High Street Maryville, TN 37804 Michael L. Flynn District Attorney General 363 Court Avenue Maryville, TN 37804-5906 Phillip H. Morton Assistant District Attorney General 363 Court Avenue Maryville, TN 37804-5906 Judge: Joe B. Jones First Paragraph: The appellant, Joseph A. Mills, Jr., was convicted of driving while under the influence, a Class A misdemeanor, by a jury of his peers. It is not clear whether the appellant was sentenced for a second or third offense. The trial court imposed a sentence consisting of a fine in the amount of $1,350 and confinement for eleven months and twenty-nine days in the Blount County Jail. The trial court suspended all but 180 days of the sentence and placed the appellant on probation for the balance of the sentence. In this Court, the appellant contends that the evidence is insufficient to support his conviction and the sentence imposed is excessive. After a thorough review of the briefs submitted by the parties, the record, and the authorities that control the issues presented for review, it is the opinion of this Court that the appellants conviction should be affirmed. This cause is remanded to the trial court for a determination of whether the appellant was sentenced as a second or third offender. URL:http://www.tba.org/tba_files/TCCA/MILLSJA.OPN.WP6 STATE OF TENNESSEE, v. RICHARD REDMOND, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: MR. ORVIL L. ORR CHARLES W. BURSON Attorney at Law Attorney General and Reporter 204 S. College St. P.O. Box 351 ROBIN L. HARRIS Trenton, TN 38382 Attorney Generals Office 450 James Robertson Parkway Nashville, TN 37243 CLAYBURN L. PEEPLES District Attorney General 28th Judicial District 109 East First Street Trenton, TN 38382 LARRY HARDISTER Assistant District Attorney General 109 East First Street Trenton, TN 38382 Judge: LYNN W. BROWN First Paragraph: The appellant, Richard Redmond, indicted for two counts of aggravated assault, entered a plea of guilty in the Circuit Court for Crockett County to a single offense of felony reckless endangerment, receiving a sentence of two years with thirty days to be served in custody. Subsequently he filed a petition for post-conviction relief alleging that his guilty plea was not entered knowingly, voluntarily and intelligently. The petition also alleged that he received ineffective assistance from his counsel at the guilty plea. The trial court denied relief, from which judgment the appellant has appealed by right to this court. URL:http://www.tba.org/tba_files/TCCA/REDMOND.OPN.WP6 STATE OF TENNESSEE, v. ALLEN RAY RICKER, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: T. Wood Smith Charles W. Burson Attorney at Law Attorney General & Reporter 128 South Main Street 500 Charlotte Avenue Greeneville, TN 37743 Nashville, TN 37243-0497 Darian B. Taylor Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 C. Berkley Bell District Attorney General 113 West Church St., Suite 401 Greeneville, TN 37745 Michelle Green Asst. District Attorney General 113 West Church St., Suite 401 Greeneville, TN 37745 Judge: Joe B. Jones First Paragraph: The appellant, Allen Ray Ricker, was convicted of theft under $10,000, a Class D felony, by a jury of his peers. The trial court found that the appellant was a standard offender and imposed a Range I sentence of confinement for three (3) years in the Department of Correction. The appellant contends that the trial court committed error of prejudicial dimensions by: (a) denying his motion for a judgment of acquittal at the conclusion of the states case in chief because the state failed to prove the venue of the offense and failed to prove that the person named in the indictment was the owner of the wrecker in question, and (b) permitting the state to reopen its case in chief to prove the venue of the offense. After a thorough review of the record, the briefs submitted by the parties, and the law that governs the issues presented for review, it is the opinion of this Court that the judgment of the trial court should be affirmed. URL:http://www.tba.org/tba_files/TCCA/RICKERAR.OPN.WP6 STATE OF TENNESSEE, v. WILLIAM HERBERT STITTS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: GEORGE MORTON GOOGE CHARLES W. BURSON District Public Defender Attorney General and Reporter 227 W. Baltimore St. Jackson, TN 38301 CHARLETTE REED CHAMBERS Attorney Generals Office PAMELA DREWERY 450 James Robertson Parkway Asst. Public Defender Nashville, TN 37243-0493 227 West Baltimore Street Jackson, TN 38301 DON ALLEN Asst. District Attorney General P.O. Box 2825 Jackson, TN 38301 Judge: LYNN W. BROWN First Paragraph: The appellant, William Herbert Stitts, was convicted upon trial by jury of aggravated robbery. The trial court imposed a sentence of eleven years. In this appeal of right the appellant raises two issues: 1) whether the proof at trial was sufficient to support a verdict of guilty, and 2) whether the sentence imposed was proper. URL:http://www.tba.org/tba_files/TCCA/STITTSWH.OPN.WP6 STATE OF TENNESSEE, v. JOHN RUSSELL TURNER, Court:TCCA For the Appellant: For the Appellee: Mack Garner Charles W. Burson District Public Defender Attorney General and Reporter 318 Court Street Maryville, TN 37801 Michael J. Fahey, II Assistant Attorney General Mary Ann Queen, Legal Assistant Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Michael L. Flynn District Attorney General Charles Carpenter Asst. District Attorney General Blount County Courthouse Maryville, TN 37801 Judge: David G. Hayes First Paragraph: The appellant, John Russell Turner, appeals from his conviction by a jury for driving under the influence of an intoxicant. The Circuit Court of Blount County sentenced the appellant to eleven months and twenty-nine days incarceration in the county jail and suspended all but five days. On appeal, the appellant contends that the evidence adduced at trial is insufficient to support a conviction, because the State failed to prove that he intended to operate a vehicle. URL:http://www.tba.org/tba_files/TCCA/TURNERJ.OPN.WP6 STATE OF TENNESSEE, v. DAVEY JOE VINEYARD, and JIMMY LEE COCKBURN, Court:TCCA FOR THE APPELLANTS FOR THE APPELLEE Kenneth L. Miller Charles W. Burson Logan, Thompson, Miller, Bilbo, Attorney General & Reporter Thompson & Fisher, P.C. P.O. Box 191 Hunt S. Brown Cleveland, TN 37364-0191 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Jerry N. Estes District Attorney General Joseph A. Rehyansky Asst District Attorney General 93 Ocoee St. N., Ste. 200 P.O. Box 1351 Cleveland, TN 37364 Judge: JOHN K. BYERS First Paragraph: The Defendants entered pleas of guilty and reserved the right to appeal the following issue only: DID THE TRIAL COURT ERR IN DENYING DEFENDANTS MOTION TO SUPPRESS BECAUSE THE STOP OF DEFENDANTS VEHICLE WAS MADE WITHOUT PROBABLE CAUSE AND WAS A PRETEXTUAL STOP MADE FOR ILLEGAL REASONS? URL:http://www.tba.org/tba_files/TCCA/VINEYARD.OPN.WP6
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