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.
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 05-New Opinons From TCA
- 10-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
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
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank