TBALink Opinion-Flash

November 7, 1996 -- Volume #2 -- Number #98

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:
00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
01-New Opinons From TCA
02-New Opinons From TCCA

There are three ways to get the full opinion from the Web: (TBALink members only)

  • Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

  • *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WP 6.0 document. version of the opinion.

  • Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.

George Dean
TBALink Chief Editor



DAVID VIA and wife, PATTY VIA,  
v.
JIMMY JOE WELCH, HERMAN REED and TOMMY REED,                               

Court:TCA

For the Plaintiffs/Appellants:      For the Defendants/Appellees:

Charles M. Agee, Jr.                Douglas W. Wilkerson
Dyersburg, Tennessee                Dyersburg, Tennessee
                        
Judge: HOLLY KIRBY LILLARD

First Paragraph:

This is a suit brought by Plaintiffs-Appellants, David Via and his
wife Patty Via ("Via"), against Defendants-Appellees, Jimmy Joe Welch,
Herman Reed and Tommy Reed (collectively "Welch").  In this appeal,
Via seeks to revive a decree for specific performance entered by this
Court on August 28, 1984.  Specific performance is no longer available
since the property was lost to foreclosure.  Via now seeks to have the
decree revived and converted to a judgment for money damages.  The
trial court ruled that Via is not entitled to the relief sought and
dismissed Via's lawsuit.

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

STATE OF TENNESSEE, v. RONALD DEVAUGHN HARRIS,  

Court:TCCA

For Appellant:                  For Appellee:

Laura Rule Hendricks            Charles W. Burson
Appellant Contract              Attorney General and Reporter
Attorney for the District 
Public Defenders Conference
810 Henley Street               Elizabeth T. Ryan
Knoxville, Tennessee  37902     Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, Tennessee   37243-0493

                                Gary D. Gerbitz
                                District Attorney General

                                Rebecca Sterns
                                Asst. District Attorney General
                                600 Market Street
                                Courts Building
                                Chattanooga, Tennessee  37402
                          
Judge: WILLIAM M. DENDER

First Paragraph:

Appellant was indicted in Case No. 202253 for criminal trespass, and
in Case No. 202254 for assault by causing bodily injury or by causing
another to reasonably fear imminent bodily injury in Count One, and
for assault by causing physical contact which the other would regard
as extremely offensive or provocative in Count Two.  He was tried in a
bench trial and found guilty of trespass and assault by causing
another to reasonably fear imminent bodily injury.  This is his appeal
as of right from the judgment of the trial court.

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

STATE OF TENNESSEE, v. GREGORY JAY HOXIE,   

Court:TCCA

FOR THE APPELLANT:               FOR THE APPELLEE:


MARK E. STEPHENS                CHARLES W. BURSON
Public Defender                 Attorney General & Reporter

PAULA R. VOSS                   DARIAN B. TAYLOR
Asst. Public Defender           Asst. Attorney General
1209 Euclid Ave.                450 James Robertson Pkwy.   
Knoxville, TN   37921           Nashville, TN  37243-0493
    (On Appeal)             
                                RANDALL NICHOLS
TIMOTHY M. MCLAUGHLIN           District Attorney General
             and
JOHN HALSTEAD                   MARSHA SELECMAN
Asst. Public Defenders          Asst. District Attorney General
1209 Euclid Ave.                City-County Bldg.
Knoxville, TN   37921           Knoxville, TN   37902
    (At Trial)                              
                        
Judge: JOHN H. PEAY

First Paragraph:

The defendant was indicted on one count of felony stalking, one count
of misdemeanor stalking, and two counts of harassment.  A jury
convicted the defendant of both stalking offenses and one harassment
offense.  After a sentencing hearing, the defendant was sentenced to
two years on the felony conviction, and eleven months twenty-nine days
each on the misdemeanor stalking and harassment convictions.  The
judge ordered these sentences to run consecutively.  The jury also
imposed a fine of two thousand five hundred dollars ($2,500).  The
defendant now appeals as of right, claiming that the trial court erred
by not requiring the State to elect which offenses it was prosecuting;
that the evidence was not sufficient to sustain the convictions for
stalking; and that the dual stalking convictions, as well as the
stalking and harassment convictions, subject him to double jeopardy. 
After our review of the record, we find no merit in the defendant's
contentions and affirm the judgment below.

URL:http://www.tba.org/tba_files/TCCA/HOXIE.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 via e-mail?
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


© Copyright 1998 Tennessee Bar Association