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TBALink Opinion-Flash
October 10, 1996 -- Volume #2 -- Number #87
Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.
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ZELLA BALENTINE, v. SIMON WHITE IN RE: PATERNITY OF ASHLEY ARRON BALENTINE, a minor, Court:TCA T. VERNER SMITH, Jackson, Attorney for plaintiff. W. LEE LACKEY, Savannah, Attorney for defendant. Judge: TOMLIN First Paragraph: Zella Balentine (plaintiff) filed a petition in the Juvenile Court of Hardin County seeking to have that court declare Simon White (defendant) to be the natural father of the parties minor child, Ashley Balentine. The Hardin County General Sessions Court, in its role as Juvenile Court, found defendant to be the father of the child and awarded plaintiff retroactive child support dating back to November 1, 1992. URL:http://www.tba.org/tba_files/TCA/BALENTIN.OPN.WP6
NANCY BUCHANAN, MOTHER, ET AL., NEXT OF KIN OF CORWENDEL D. PERKINS,
DECEASED
v.
HARDEMAN COUNTY, TN and HARDEMAN COUNTY HIGHWAY DEPARTMENT,
Court:TCA
Marcus M. Reaves
Jackson, TN, and
Gulfport, Mississippi
Attorney s for Plaintiffs/Appellants
James I. Pentecost
Jackson, TN
Attorney for Defendants/Appellees
Judge: HOLLY KIRBY LILLARD
First Paragraph:
This matter appears appropriate for consideration pursuant to Rule
10(b) of the Rules of the Court of Appeals of TN. The
plaintiffs/appellants in this cause, Nancy Buchanan, et al.,
("Buchanan") appeal the trial court's grant of summary judgment to
defendants/appellees, Hardeman County, TN, et al., ("Hardeman
County"). After a serious automobile accident on Minnie Hill Road in
Hardeman County, Buchanan filed suit against Hardeman County for
wrongful death, alleging that the road was not properly maintained by
the County.
URL:http://www.tba.org/tba_files/TCA/BUCHANAN.OPN.WP6
GRACE THRU FAITH,
v.
TONY L. CALDWELL, and TONY L. CALDWELL and JOANN P.CALDWELL TRUST,
v.
EDWARD IRWIN and REBECCA IRWIN,
Court:TCA
For the Petitioner/Intervening For the Respondent
Petitioners/ Defendants /Intervening Plaintiffs/Appellees
/Appellants Harold T. Brundige
H. Max Speight Martin, TN
Jeffrey W. Parham
Martin, TN
Judge: HOLLY KIRBY LILLARD
First Paragraph:
This is a case involving a trustee's improper accounting procedures
and misuse of funds regarding a trust set up to receive Social
Security Insurance payments. At issue is whether TN state
courts have subject matter jurisdiction to hear a dispute between a
beneficiary and his representative payee over alleged misuse of Social
Security benefits. The trial court found it had jurisdiction.
URL:http://www.tba.org/tba_files/TCA/GRACEFTH.OPN.WP6
MELANIE MILLER, individually and as Next Friend for ASHLEY MILLER
LUNA, a minor, and Next Friend of GREGORY LUNA, deceased,
v.
GARY D. NIBLACK, M.D., LABORATORY INVESTMENTS, INC., and REN
LABORATORIES, INC. d/b/a REN HISTOCOMPATIBILITY LABORATORY, A Joint
Venture, and JOHN DOE,
Court:TCA
Lynda F. Teems, Memphis, TN
Attorney for Plaintiffs/Appellants.
J. Cecil McWhirter, Memphis, TN
Sally F. Barron, Memphis, TN
Attorneys for Defendant/Appellee, Laboratory Investments, Inc.
James E. Moffitt,
Reid D. Leitner,
LEITNER, WARNER, MOFFITT, WILLIAMS, DOOLEY, CARPENTER
& NAPOLITAN, Nashville, TN
Attorneys for Defendnat/Appellee, Ren Laboratories, Inc.
Judge: FARMER
First Paragraph:
This is an action for negligence in the conducting of a paternity
test. The trial court entered summary judgment in favor of the
appellees, Gary D. Niblack, M.D., Laboratory Investments, Inc. and Ren
Laboratories, Inc. d/b/a Ren Histocompatibility Laboratory, a joint
venture, and John Doe. The appellants, Melanie Miller, individually
and as next friend for Ashley Miller Luna, a minor, and next friend
of Gregory Luna, deceased, have appealed presenting the single issue
of whether the trial court erred in doing so.
URL:http://www.tba.org/tba_files/TCA/MILLERM.OPN.WP6
HOWARD A. WOODS,
v.
MUTUAL OF OMAHA, And CNA INSURANCE COMPANY, and EASTWOOD HOSPITAL,
Court:TCA
Howard A. Woods, Pro Se
Plaintiff/Appellant.
Philip E. Mischke,
WYATT, TARRANT & COMBS, Memphis, TN
Attorney for Defendant/Appellee, Mutual of Omaha.
Judge: FARMER
First Paragraph:
This case concerns the validity of a "Compromise Settlement Release"
executed by the appellant, Howard A. Woods (Woods), in favor of the
appellee, Mutual of Omaha (Omaha). Woods challenges its validity on
the ground of mental incapacity. The trial court entered summary
judgment in favor of Omaha and Woods has appealed.
URL:http://www.tba.org/tba_files/TCA/WOODSHA.OPN.WP6
BILLY RAY ALBERT, v. STATE OF TN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
TERRY J. CANADY CHARLES W. BURSON
211 Printer's Alley Bldg. Attorney General & Reporter
Nashville, TN 37201
EUGENE J. HONEA
Asst. Attorney General
VICTOR S. JOHNSON, III
District Attorney General
PAUL DEWITT
Asst. District Attorney General
Judge: JOHN H. PEAY
First Paragraph:
The petitioner was convicted by a jury of second-degree murder and
armed robbery. He was sentenced to forty years for the murder and
twenty-five years for the robbery, consecutive, for an effective
sentence of sixty-five years. On direct appeal, his convictions were
affirmed and his sentence on the robbery conviction reduced to twenty
years.
URL:http://www.tba.org/tba_files/TCCA/ALBERTBR.OPN.WP6
EDWARD WAYNE BERGDORF v. STATE OF TN
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
William Joseph Butler Charles W. Burson
P.O. Box 280 Attorney General and Reporter
Lafayette, TN 37083
Christina S. Shevalier
Assistant Attorney General
Tom. P. Thompson, Jr.
District Attorney
David Durham
Assistant District Attorney
Judge: William M. Barker
First Paragraph:
The appellant, Edward Wayne Bergdorf, appeals as of right the
dismissal of his consolidated petitions which sought both
post-conviction relief and a writ of habeas corpus. For the reasons
contained herein, we conclude that the trial court properly dismissed
the appellant's petition for a writ of habeas corpus, but erred in
dismissing his petition for post-conviction relief.
URL:http://www.tba.org/tba_files/TCCA/BERGDORF.OPN.WP6
DAVID BROOKS, v. STATE OF TN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Edward T. Landis Charles W. Burson
Attorney at Law Attorney General & Reporter
Michael J. Fahey, II
Assistant Attorney General
Gary D. Gerbitz
District Attorney General
David W. Denny
Asst. District Attorney General
Judge: Joe B. Jones
First Paragraph:
The appellant, David Brooks, appeals as of right from a judgment of
the trial court dismissing his suit for post-conviction relief
following an evidentiary hearing. The trial court concluded the
appellant had been afforded the effective assistance of counsel
contemplated by the Sixth Amendment to the United States Constitution
and Article I, S 9 of the TN Constitution. In this Court, the
appellant contends the evidence adduced at the evidentiary hearing
preponderates against the conclusion reached by the trial court
because the evidence established trial counsel were ineffective
because they failed to (a) properly research important issues relevant
to his defense, (b) introduce the victim's prior violent conduct to
establish the victim was the aggressor in the confrontation, and (c)
introduce two tape recordings of the appellant made shortly after his
arrest to establish the degree of his intoxication at the time he
committed the offense.
URL:http://www.tba.org/tba_files/TCCA/BROOKSD.OPN.WP6
BILLY NOBLE FORREST AKA BILLY SALEEM EL-AMIN,
v.
JOHN REES, WARDEN and STATE OF TN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
J. Douglas Dicus Charles W. Burson
Attorney at Law Attorney General
William Bright Christina S. Shevalier
Assistant Public Defender Assistant Attorney General
Mike Bottoms
District Attorney General
James G. White, II
Assistant District Attorney General
Judge: JERRY SCOTT
First Paragraph:
The Appellant filed a pro se petition for the writ of habeas corpus in
the Circuit Court of Wayne County. Subsequently, counsel was
appointed to represent him, and an amended petition was filed.
URL:http://www.tba.org/tba_files/TCCA/FORRESTB.OPN.WP6
STATE OF TN, v. TAYLOR J. HARRISON,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
COMER L. DONNELL CHARLES W. BURSON
District Public Defender Attorney General and Reporter
BOBBY JAMES ELLIS MARY ANNE QUEEN
Assistant Public Defender Legal Assistant
Gainesboro, TN
MICHAEL J. FAHEY, II
Assistant Attorney General
TOM P. THOMPSON, JR.
District Attorney General
JOHN D. WOOTTEN, JR.
Assistant District Attorney General
Judge: DAVID H. WELLES,
First Paragraph:
The Defendant brings a delayed appeal from his conviction from a Macon
County jury verdict for Aggravated Assault. The trial court sentenced
him to five years imprisonment as a Range I standard offender. The
Defendant appeals his conviction and his sentence.
URL:http://www.tba.org/tba_files/TCCA/HARRISNT.OPN.WP6
SCOTTIE DEWAYNE LIGHT, v. STATE OF TN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
GREGORY D. SMITH CHARLES W. BURSON
Clarksville, TN Attorney General and Reporter
KAREN M. YACUZZO
Assistant Attorney General
VICTOR S. JOHNSON
District Attorney General
MARY HAUSMAN
Assistant District Attorney General
Judge: DAVID H. WELLES
First Paragraph:
This case is here by appeal as of right pursuant to Rule 3 of the
TN Rules of Appellate Procedure. In the original prosecution,
the petitioner was convicted by jury of first degree murder. His
conviction was upheld by this Court on direct appeal. See State v.
Scottie Dewayne Light and Johnny Ward, C.C.A. No. 01C01-9110-CR-00297,
Davidson County (Tenn. Crim. App., Nashville, filed Jan. 21, 1993).
The petitioner sought post-conviction relief, alleging that he was
denied effective assistance of counsel at trial. After conducting an
evidentiary hearing, the trial court denied the petition. I
URL:http://www.tba.org/tba_files/TCCA/LIGHTSD.OPN.WP6
STATE OF TN, v. GROVER LIVESAY,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
R. RUSSELL MATTOCKS CHARLES W. BURSON
Office of the Public Defender Attorney General and Reporter
Morristown, TN
HUNT S. BROWN
450 James Robertson Parkway
Nashville, TN 37243
C. BERKELEY BELL
District Attorney General
JOHN DUGGER
Assistant District Attorney
Judge: JERRY L. SMITH
First Paragraph:
A Hamblen County Criminal Court jury found Appellant Grover C. Livesay
guilty of rape of a child. Following a sentencing hearing, the trial
court imposed a sentence of twenty-five years in the TN
Department of Correction. In this appeal, Appellant presents the
following issues for review: (1) whether the evidence presented at
trial is legally sufficient to sustain a conviction for second degree
murder; (2) whether the trial court erred in failing to grant a
mistrial following testimony regarding a request for legal counsel;
(3) whether the trial court erred in allowing the State to discuss the
issue of flight during closing argument; and (4) whether the trial
court erred in determining the length of his sentence.
URL:http://www.tba.org/tba_files/TCCA/LIVESAY.OPN.WP6
STATE OF TN, v. ONY WAYNE MCELHINEY,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
CAREY J. THOMPSON CHARLES W. BURSON
Assistant Public Defender Attorney General and Reporter
P.O. Box 160
Charlotte, TN 37036 CYRIL V. FRASER
(ON APPEAL) Assistant Attorney General
Dan Cook
102 North Main Street
Ashland City, TN 37016 DAN ALSOBROOKS
(AT TRIAL) District Attorney General
JAMES W. KIRBY
Assistant District Attorney General
Judge: DAVID H. WELLES
First Paragraph:
This is an appeal as of right pursuant to Rule 3 of the TN
Rules of Appellate Procedure. Upon his plea of nolo contendere, the
Defendant was convicted of four counts of aggravated sexual battery.
The trial judge sentenced him to four concurrent twelve-year sentences
to be served in the TN Department of Correction. On appeal,
the Defendant argues that his sentences are excessive.
URL:http://www.tba.org/tba_files/TCCA/MCELHINE.OPN.WP6
STATE OF TN, v.LAVAUGHN DOUGLAS SCOTT and HOWARD C. EVANS,
Court:TCCA
FOR THE APPELLANTS: FOR THE APPELLEE:
T. ARTHUR JENKINS CHARLES W. BURSON
P. O. Box 126 Attorney General & Reporter
Manchester, TN 37355
KAREN M. YACUZZO
Asst. Attorney General
WILLIAM WHITESELL
District Attorney General
Judge: JOHN H. PEAY
First Paragraph:
Both defendants were convicted at a jury trial of simple possession of
cocaine, simple possession of marijuana, and possession of drug
paraphernalia. The defendants were found not guilty on an additional
charge of criminal trespass. For these misdemeanor convictions, each
defendant received effective sentences of eleven months and
twenty-nine days in the local workhouse. The defendant Scott's
sentence was ordered to be served consecutively to a previous
conviction in Williamson County. The sentence of the defendant Evans
was fully suspended, and he was placed on probation.
URL:http://www.tba.org/tba_files/TCCA/SCOTTLD.OPN.WP6
BOBBY JOE SEAY, v. STATE OF TN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Terry J. Canady Charles W. Burson
Attorney at Law Attorney General & Reporter
M. Allison Thompson
Assistant Attorney General
Victor S. (Torry) Johnson III
District Attorney General
Jon P. Seaborg
Asst. Dist. Attorney General
Judge: PAUL G. SUMMER
First Paragraph:
In 1992, the appellant, Bobby J. Seay, was convicted of aggravated
robbery and received an eight-year sentence. His conviction was
affirmed by this Court. In 1994, he petitioned for post-conviction
relief alleging ineffective assistance of counsel. In 1995, following
a hearing, his petition was denied.
URL:http://www.tba.org/tba_files/TCCA/SEAYBJ.OPN.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: