TBALink Opinion-Flash

November 11, 1996 -- Volume #2 -- Number #99

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
07-New Opinons From TCA
01-New Opinons From TCCA

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George Dean
TBALink Chief Editor



GEORGIA NORMAN FUQUA, v. EDWARD DENTON FUQUA,

Court:TCA

For the Plaintiff/Appellee:         For the Defendant/Appellant:

Philip E. Smith                     John B. Link, III
Nashville, Tennessee                Nashville, Tennessee                      

Judge: HOLLY KIRBY LILLARD

First Paragraph:

In this divorce case, Defendant-Appellant, Edward Denton Fuqua
(Husband), has appealed the trial court's order requiring him to pay
periodic alimony to Plaintiff-Appellee, Georgia Norman Fuqua (Wife),
in the amount of $725 per month for ten years, $600 per month for the
next ten years, and $300 per month for the following five years, to
terminate upon death or Wife's remarriage.  Husband also appeals the
trial court's equitable division of the marital estate.  We affirm the
decision of the trial court, with the duration of the alimony modified
as set forth below.

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

GATE PHARMACEUTICALS, a  Division of the Lemmon Company,        
v.
TENNESSEE BOARD OF MEDICAL EXAMINERS,           

Court:TCA

For the Respondent/Appellee:        For the Petitioner/Appellant:

Charles W. Burson                   James Dunbar             
Sue A. Sheldon                      Baltimore, MA        
Nashville, Tennessee                D. Alexander Fardon 
                                    Nashville, Tennessee
                        
Judge: HOLLY KIRBY LILLARD

First Paragraph:

This case involves a challenge to the validity of a rule promulgated
by the Tennessee Board of Medical Examiners.  Gate Pharmaceuticals
appeals the judgment of the trial court upholding the rule's validity.
  We  affirm.

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

DAVID HUTTON, 
v. 
RUTH E. JOHNSON, Commissioner of Revenue for the State of Tennessee,    

Court:TCA

Christopher M. Was
TRABUE, STURDIVANT & DeWITT
2500 Nashville City Center
511 Union Street
Nashville, Tennessee 37219-1738
ATTORNEY FOR PLAINTIFF/APPELLEE

CHARLES W. BURSON
Attorney General and Reporter

SEAN P. SCALLY
Assistant Attorney General
Tax Division, Suite 2121
404 James Robertson Parkway
Nashville, Tennessee 37243-0489
FOR DEFENDANT/APPELLANT
                       
Judge: HENRY F. TODD

First Paragraph:

The defendant/Commissioner has appealed from a summary judgment of the
Trial Court requiring the Commissioner to refund to plaintiff  $75,832
use tax paid under protest.  The facts are uncontroverted.  The
question before the Trial Court and before this Court is the
application of the law to the factual situation.

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

GARY BERNARD SANDERS,       
v.
DON SUNQUIST, GOVERNOR OF STATE OF TENNESSEE, ET AL,    

Court:TCA

PATRICIA C. KUSSMANN  #15506
Assistant Attorney General
404 James Robertson Parkway
Suite 2000, Parkway Towers
Nashville, TN 37243-0488
ATTORNEY FOR DEFENDANTS/APPELLEES

GARY BERNARD SANDERS #76973
Cold Creek Correctional Facility
P.O. Box 1000
Henning, TN 38041-1000
PRO SE/PLAINTIFF/APPELLANT
                         
Judge: HENRY F. TODD

First Paragraph:

The captioned plaintiff, an inmate of the Department of Correction,
filed this suit against the Governor, Commissioner of Correction and
Commissioner of Correction, seeking a declaration of his rights to
release from incarceration.  The defendants filed a motion to dismiss
supported by affidavit of an official of the Department of Correction.
 The motion was therefore a motion for summary judgment.  T.R.C.P.
Rule 12.02.

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

THOMAS TARPLEY,     
v.
CHARLES TRAUGHBER, CHAIRMAN TENNESSEE BOARD OF PAROLES, 

Court:TCA

Teresa Thomas #12788
Counsel for the State
404 James Robertson Parkway
Suite 2000
Nashville, TN 37243-0488
ATTORNEY FOR DEFENDANT/APPELLEE

Thomas Tarpley #132443
CCA-SCCF
P.O. Box 279
Clifton, TN 38425-0279
Pro Se/PLAINTIFF/APPELLANT
                         
Judge: HENRY F. TODD

First Paragraph:

The captioned plaintiff, an inmate of the Department of Corrections,
filed this suit for certiorari from an adverse decision of the Board
of Paroles.  The Trial Court dismissed the suit for failure to state a
claim for which relief can be granted.

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

PORTER WILLIAMS,    
v.
REAL ESTATE APPRAISAL COMMISSION FOR THE STATE OF TENNESSEE,    

Court:TCA

MICHAEL H. SNEED
Suite 1502, Parkway Towers
Nashville, Tennessee  37219
ATTORNEY FOR PETITIONER/APPELLANT

CHARLES W. BURSON
Attorney General and Reporter

STEVEN M. RODERICK
Assistant Attorney General
Attorney General's Office
Tax Division
404 James Robertson Parkway
Suite 2121
Nashville, Tennessee  37243-0489
ATTORNEYS FOR RESPONDENT/APPELLEE
                        
Judge: SAMUEL L. LEWIS

First Paragraph:

Petitioner/appellant, Porter Williams, appeals the chancery court's
judgment which confirmed the decision of respondent/appellee, the Real
Estate Appraisal Commission for the State of Tennessee, and denied
appellant relief under a writ of certiorari.  The facts out of which
this matter arose are as follows.
-------------
Please note changes on the cover page of an opinion filed October 25,
1996 re: Porter Williams v. Real Estate Appraisal Commission for the
State of Tennessee.  The attorney's have been reversed to correctly
reflect the record.

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

RUSSELL MULLINS, v. STATE OF TENNESSEE,

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Jack McNeil                 Charles W. Burson
Attorney at Law             Attorney General & Reporter 
147 Jefferson #1104
Memphis, TN 38103           Deborah A. Tullis   
                            Assistant Attorney General
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            John W. Pierotti
                            District Attorney General

                            David Shapiro and
                            Jennifer Nichols
                            Asst. Dist. Attorneys General
                            201 Poplar Avenue, Third Floor
                            Memphis, TN   38103
                     
Judge: PAUL G. SUMMERS

First Paragraph:

The appellant, Russell Mullins, was indicted for felony murder and
first degree murder.  He pled guilty to second degree murder and
received a sentence of 50 years as a Range III, persistent offender. 
The appellant filed a pro se petition for post-conviction relief
arguing that the trial court erroneously classified him as Range III,
persistent offender.  The trial court summarily denied the claim on
the basis that the appellant had waived any entitlement to a specific
range of punishment by entering into a plea agreement.

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

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