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STATE OF TENNESSEE vs. HENRY EUGENE HODGES WITH DISSENTING OPINION Court:TSC Attorneys: FOR APPELLANT: FOR APPELLEE: Brock Mehler Charles W. Burson Nashville, Tennessee Attorney General & Reporter Donald Dawson Kathy Morante Bruce, Weathers, Corley, Deputy Attorney General Dougman & Lyle Nashville, Tennessee Nashville, Tennessee Michael E. Terry Victor S. Johnson, III Nashville, Tennessee District Attorney General Nashville, Tennessee Thomas B. Thurman Asst District Attorney General Nashville, Tennessee Renee R. Erb Asst District Attorney General Nashville, Tennessee Judge: DROWOTA First Paragraph: In this capital case, the trial court accepted pleas of guilty entered by the defendant, Henry Eugene Hodges, to first-degree premeditated murder and especially aggravated robbery. The trial court conducted a capital sentencing hearing to determine the sentence on the conviction for premeditated murder in accordance with Tenn. Code Ann. S 39-13-204(1991 Repl. & Supp. 1996). In the sentencing hearing, the jury found three aggravating circumstances: (1) "[t]he defendant was previously convicted of one or more felonies, other than the present charge whose statutory elements involve the use of violence to the person;" (2) "[t]he murder was especially heinous, atrocious or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death;" and (3) "[t]he murder was committed while the defendant was engaged in committing, or was an accomplice in the commission of, or attempting to commit, or fleeing after committing a robbery." Tenn. Code Ann. S39-13-204(I)(2), (I)(5) and (I)(7) (1991 Repl.). Finding that the three aggravating circumstances outweighed mitigating circumstances beyond a reasonable doubt, the jury sentenced the defendant to death by electrocution. TRIAL COURT AND COURT OF CRIMINAL APPEALS AFFIRMED. URL:http://www.tba.org/tba_files/TSC/HODGESH_OPN.WP6 URL:http://www.tba.org/tba_files/TSC/HODGESH_DIS.WP6 IN RE: AMENDMENT TO RULE 24 RULES OF THE SUPREME COURT OF TENNESSEE PROCEDURES GOVERNING PETITIONS FOR WAIVER OF PARENTAL CONSENT FOR ABORTIONS ON MINORS Court:TSC - Rules First Paragraph: Rule 24 of the Rules of the Supreme Court of Tennessee is hereby amended by deleting the text of the rule in its entirety and replacing it with the following: Rule 24. Rules of procedure governing petitions for waiver of parental consent for abortions by minors. -- Pursuant to Tennessee Code Annotated S37-10-304 (i), this rule is promulgated to ensure that proceedings governing petitions for waiver of parental consent for abortions by minors are conducted in an expeditious and anonymous manner. URL:http://www.tba.org/tba_files/TSC_Rules/RULE24_ORD.WP6 IN RE: RULE 31 OF THE RULES OF THE TENNESSEE SUPREME COURT Court:TSC - Rules First Paragraph: Pursuant to the requirements of Supreme Court Rule 31, S 11 (A)(7), the Commission on Alternative Dispute Resolution has recommended to the Court for certification and approval the individuals listed in Exhibit A to this Order as having met the eligibility requirements of Supreme Court Rule 31, subject in certain cases to fulfilling the additional training requirements set forth in Rule 31, S13(c)(3). URL:http://www.tba.org/tba_files/TSC_Rules/RULE31_OR3.WP6 ALLSTATE LIFE INSURANCE CO. VS. ELIZABETH BARBER, in her individual capacity and as Special Administratrix of the Estate of Raymond Joe Barber TORI L. HOLLINGSWORTH, in her individual capacity Court:TCA Attorneys: BRYAN HOWARD HOLTON, HOWARD & GOODMAN 424 Church Street Nashville, Tennessee 37219 PAUL S. DAVIDSON CHARLES W. COOK, III STOKES & BARTHOLOMEW, P.A. 424 Church Street Nashville, Tennessee 37219 Attorneys for Defendant/Appellee ROBERT J. NOTESTINE, III 104 Woodmont Boulevard Suite 115 Nashville, Tennessee 37205 Attorney for Defendant/Appellant Judge: CANTRELL First Paragraph: This case involves the interpretation of a form designating the appellant as the beneficiary on a life insurance policy. The trial court held that the appellant took the policy proceeds as the executor of the decedent's estate and not as the sole beneficiary. We affirm. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/ALLSTAEB_OPN.WP6 BAPTIST HOSPITAL, ET AL. VS. TENNESSEE DEPARTMENT OF HEALTH Court:TCA Attorneys: CHARLES W. BURSON Attorney General and Reporter SUE A. SHELDON Assistant Attorney General Cordell Hull Building, 2nd Floor 426 5th Avenue, North Nashville, Tennessee 37243-0499 ATTORNEYS FOR DEFENDANTS/APPELLANTS WILLIAM B. HUBBARD Weed, Hubbard, Berry & Doughty Third National Financial Center 424 Church Street, Suite 2900 Nashville, Tennessee 37219 SANFORD E. PITLER ELIZABETH A. McFALL Bennett & Bigelow 1111 Third Avenue, Suite 1580 Seattle, Washington, 98101 ATTORNEYS FOR PLAINTIFFS/APPELLEES Judge: LEWIS First Paragraph: This is an appeal by defendants/appellants, the Tennessee Department of Health and the Tennessee Department of Finance and Administration ("the State"), from a decision of the Tennessee Claims Commission ("the Commission") denying the State's motion to dismiss plaintiff/appellee's claim. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/BAPTIST2_OPN.WP6 BLUE CROSS-BLUE SHIELD OF TENNESSEE vs. CITY OF LAWRENCEBURG Court:TCA Attorneys: ROBERT G. NORRED, JR JANE M. STAHL Spears, Moore, Rebman & Williams 801 Pine Street, P.O. Box 1749 Chattanooga, Tennessee 37401-1749 ATTORNEYS FOR PLAINTIFF/APPELLANT ALAN C. BETZ White & Betz, Attorneys 22 Public Square, P.O. Box 488 Lawrenceburg, Tennessee 38464 ATTORNEY FOR DEFENDANT/APPELLEE Judge: LEWIS First Paragraph: This is an appeal by plaintiff/appellant, Blue Cross-Blue Shield of Tennessee ("Blue Cross"), from the trial court's decision which dismissed Blue Cross's complaint requesting reimbursement from the City of Lawrenceburg ("the City") for certain claims paid by Blue Cross. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/BLUECR_OPN.WP6 BRENDA BONDY vs. ARNOLD WAYNE MARTIN Court:TCA Attorneys: For Appellant For Appellee CHARLES E. RIDENOUR RANDY G. ROGERS Sweetwater, Tennessee Athens, Tennessee Judge: Susano First Paragraph: This is a paternity case. After blood tests showed a 99.999% probability of paternity, the defendant Arnold Wayne Martin (Father) acknowledged that he is the father of Melissa Gail Dixon, age 16. Based upon Father's acknowledgment, the trial court entered a judgment of paternity. As pertinent to this appeal, the trial court also ordered Father to pay the plaintiff Brenda Bondy (Mother) child support of $63 per week, effective November 21, 1995, the date on which the petition in this case was filed. Mother appealed, arguing that the trial court should have awarded her support back to August 3, 1979, the child's date of birth. She also argues that the trial court's award of fees for her counsel is inadequate. Finally, she seeks fees for services rendered by her attorney on this appeal. VACATED IN PART AFFIRMED IN PART REMANDED. URL:http://www.tba.org/tba_files/TCA/BONDYB_OPN.WP6 DORIS M. DARDEN vs. ALVIN C. YORK, MEDICAL CENTER, and BILLY J. STOKES, Commissioner of the Tennessee Department of Employment Security WITH CONCURRING OPINION Court:TCA Attorneys: Doris M. Darden 3226 Masonwood Drive Nashville, TN 37207 ATTORNEY FOR PLAINTIFF/APPELLANT Jeffrey E. Wilson 500 James Robertson Parkway 12th Floor Nashville, TN 37245-0100 ATTORNEY FOR DEFENDANT/APPELLEE Judge: TODD First Paragraph: The petitioner, Doris M. Darden, has appealed from the non-jury judgment of the Trial Court dismissing her petition for certiorari, and affirming the decision of the Board of Review denying petitioner's claim for unemployment benefits. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/DARDENDM_OPN.WP6 URL:http://www.tba.org/tba_files/TCA/DARDENDM_CON.WP6 PHILLIP G. DEBORD vs. TENNESSEE BOARD OF PAROLES Court:TCA Attorneys: DOUGLAS A. TRANT 900 South Gay Street Suite 1502 Knoxville, Tennessee 37902 ATTORNEY FOR PETITIONER/APPELLANT JOHN KNOX WALKUP Attorney General and Reporter JOHN R. MILES Civil Rights and claims Division Cordell Hull Building, Second Floor 425 5th Avenue North Nashville, Tennessee 37243-0488 ATTORNEYS FOR RESPONDENT/APPELLEE Judge: LEWIS First Paragraph: This is an appeal by petitioner/appellant, Phillip G. Debord, from the decision of the chancery court dismissing his petition for review or, in the alternative, for writ of certiorari. The petition asked the court to review a decision of the Tennessee Board of Paroles ("the Board") which denied Petitioner parole. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/DEBORDPA_OPN.WP6 CAROLYN MARIE DRAKE vs. DAVID CARL DRAKE Court:TCA Attorneys: HUGH P. GARNER, GARNER, LEWIS & PRICKETT, Chattanooga, for Petitioner-Appellee. CHARLES J. GEARHISER and MYRLENE R. MARSA, GEARHISER, PETERS, LOCKABY & TALLANT, PLLC, Chattanooga, for Respondent-Appellant. Judge: Franks First Paragraph: Petitioner and Respondent are sister and brother, and the Trial Court issued an order of protection in response to the petition filed, following an abbreviated trial. VACATED AND REMANDED WITH INSTRUCTIONS. URL:http://www.tba.org/tba_files/TCA/DRAKE_OPN.WP6 PAUL GLEN DRAPER vs. CURT REAVER and RICHARD ALAN TACEY, JR. Court:TCA Judge: KOCH First Paragraph: OPINION ON PETITION FOR REHEARING Curt Reaver has filed a petition for rehearing pursuant to Tenn. R. App. P. 39 requesting this court to reconsider the portion of its April 11, 1997 opinion vacating the trial court's summary judgment dismissing Paul Draper's property damage claim against him. He correctly points out that our earlier opinion did not specifically address his defense that his collision with Mr. Tacey's vehicle did not cause property damage to either Mr. Draper or his vehicle. We grant the petition for the purpose of addressing this issue. URL:http://www.tba.org/tba_files/TCA/DRAPER_OPN.WP6 JERRY DALE DUFFEY vs. WILLIAM CHARLES LEE, et al Court:TCA Attorneys: JERRY DALE DUFFEY, Pro Se NCSC 7466 Centennial Blvd. Nashville, Tennessee 37209-1052 CHARLES W. BURSON Attorney General & Reporter MARK H. CHEN Civil Rights & Claims Division Cordell Hull Building, 2nd Floor Nashville, Tennessee 37243-0488 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge: LEWIS First Paragraph: This is an appeal by plaintiff/appellant, Jerry Dale Duffey, from the chancery court's judgment dismissing his complaint against Defendants. Plaintiff was indicted on thirty-one counts of theft of property by fraud and/or deceit. After all was said and done, Plaintiff was convicted on twenty four of the counts and was sentences to fourteen years and one month. The Court of Criminal Appeals affirmed the conviction. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/DUFFEYLE_OPN.WP6 JOHN KOHL & COMPANY, P.C., JOHN B. KOHL, III, and HELEN H. KOHL, Individually, and JOHN B. KOHL, III, TRUSTEE, as Trustee of the John Kohl & Company, P.C. Profit Sharing Plan vs. DEARBORN & EWING, a Tennessee General Partnership, and DAN E. HUFFSTUTTER Court:TCA Attorneys: STEVEN C. DOUSE King & Ballow 1200 Noel Place 200 Fourth Avenue, North Nashville, Tennessee 37219 ATTORNEY FOR PLAINTIFFS/APPELLANTS JOHN BRANHAM KATHRYN BARNETT Branham & Day 150 Fourth Avenue North Suite 1910 Nashville, Tennessee 37219 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge: LEWIS First Paragraph: This is an appeal by plaintiffs/appellants, John and Helen Kohl, from a decision of the Davidson County Circuit Court. The trial court awarded Plaintiffs a total of $33,091.05 for the legal malpractice of defendants/appellees, Dearborn & Ewing and Dan E. Huffstutter, and held the remainder of Plaintiffs' claims were barred by the statute of limitations. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. URL:http://www.tba.org/tba_files/TCA/KOHL_OPN.WP6 MARGARET S. LEMM vs. GARY L. ADAMS GARY L. ADAMS vs. ANNA FRIESENHAHN Court:TCA Attorneys: CHARLES C. MORROW MORROW, BOWHAN & ASSOCIATES Nashville, Tennessee Attorney for Appellants BARBARA J. PERUTELLI SCHULMAN, LeROY & BENNETT, P.C. Nashville, Tennessee Attorney for Appellee Judge: HIGHERS First Paragraph: In this boundary dispute, Plaintiff Margaret S. Lemm and Third-Party Defendant Anna Friesenhahn appeal the trial court's order entering summary judgment in favor of Defendant/Appellee Gary L. Adams. In granting Adams' motion for summary judgment, the trial court ruled that, as a matter of law, Lemm's action for trespass and injunctive relief was barred by Adams' adverse possession of the disputed property for a period in excess of seven years. We affirm. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/LEMMMS_OPN.WP6 FREDA G. MOON vs. ST. THOMAS HOSPITAL Court:TCA Attorneys: HARLAN DODSON, III ANNE C. MARTIN JULIE K. SANDINE Dodson, Parker & Behm 306 Gay Street 400 Realtors Building P. O. Box 198066 Nashville, Tennessee 37219 ATTORNEYS FOR PLAINTIFF/APPELLANT MARY MARTIN SCHAFFNER Howell & Fisher Court Square Building 300 James Robertson Parkway Nashville, Tennessee 37201-1107 ATTORNEY FOR DEFENDANT/APPELLEE Judge: LEWIS First Paragraph: This law suit arose out of the death of Ray Elmer Garrett which occurred while he was a patient at St. Thomas Hospital, the defendant below. Finding that, as a matter of law, the events surrounding Mr. Garrett's death were not reasonably foreseeable, the Davidson County Circuit Court granted the defendant hospital summary judgment. Freda Moon, the decedent's daughter, has appealed to this court arguing that this was not a proper case for summary judgment. We disagree. Accordingly, we affirm the decision of the trial court. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/MOON_OPN.WP6 NATIONAL LOANS, INC., Jackson, Tennessee, Memphis, Tennessee, Milan, Tennessee vs. TENNESSEE DEPARTMENT OF FINANCIAL INSTITUTIONS Court:TCA Attorneys: For the Petitioner/Appellant: For the Respondent/Appellee: William B. Hubbard Charles W. Burson Brenner Lackey Van Meter Attorney General and Reporter Weed, Hubbard, Berry & Doughty Nashville, Tennessee Michael E. Moore Solicitor General W.J. Michael Cody Burch, Porter and Johnson Janet M. Kleinfelter Memphis, Tennessee Assistant Attorney General Lynn Fitch Mitchell Holcomb, Dunbar, Connell, Chaffin & Willard For the Intervenors: Jackson, Mississippi Val Sanford Gullett, Sanford, Robinson & Martin Nashville, Tennessee Judge: KOCH First Paragraph: This appeal involves the revocation of the certificates of registration of three branch offices of an industrial loan and thrift company. The Commissioner of Revenue, sitting for the Commissioner of Financial Institutions, revoked the certificates after determining that the company's real estate loan charges and its handling of credit life insurance death claims violated the Industrial Loan and Thrift Act. The company sought judicial review in the Chancery Court for Davidson County. After remanding the case for discovery relating to the company's selective enforcement claim, the trial court affirmed the revocation of two of the branch offices' certificates and reversed the revocation of the third office's certificate. The company asserts on this appeal that the administrative law judge improperly limited additional discovery concerning its selective enforcement claim, that the Department of Financial Institutions was selectively enforcing the Industrial Loan and Thrift Act, and that the revocation of the certificates of its two branch offices was not supported by substantial and material evidence. The Department asserts that the trial court erred by reversing its revocation of the third branch office's certificate. We have determined that additional discovery concerning the selective enforcement claim was not warranted, that the Department did not selectively enforce the Industrial Loan and Thrift Act, and that the evidence supports the revocation of all three branch offices' certificates of registration. AFFIRMED IN PART; REVERSED IN PART; AND REMANDED. URL:http://www.tba.org/tba_files/TCA/NATLLOAN_OPN.WP6 WILLIAM P. NEWTON vs. JAMES S. COX Court:TCA Judge: FARMER First Paragraph: The appellee has filed a motion for a rehearing in this matter. Contrary to Appellee's assertion, this Court did not rule that the contract between Ms. Newton and Mr. Cox was voided. Perhaps Appellee interpreted the portion on page 2 of our opinion which states that "the Supreme Court's decision in Newton v. Cox, 878 S.W.2d 105 (Tenn.), cert. denied, 115 S.Ct. 1889 (1994), confirmed that Newton had the right to void the fee contract entered into by the parties" as referring to all of the parties to the contract rather than to the parties to the present suit, Mr. Newton and Mr. Cox. URL:http://www.tba.org/tba_files/TCA/NEWTONW_ORD.WP6 JAMES PRICE vs. TENNESSEE CIVIL SERVICE COMMISSION Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: J. Ronnie Greer Charles W. Burson Greeneville, Tennessee Attorney General and Reporter James C. Floyd Assistant Attorney General Judge: KOCH First Paragraph: This appeal involves an employee of the Tennessee Department of Mental Health and Mental Retardation who was terminated for using excessive force against a resident at Green Valley Development Center. The employee filed a petition for judicial review in the Chancery Court for Davidson County alleging that the Civil Service Commission's decision to uphold his termination was not supported by substantial and material evidence. The trial court affirmed the Commission's termination order, and the employee has perfected this appeal. We have determined that the decision to terminate the employee is supported by substantial and material evidence and, therefore, affirm the trial court in accordance with Tenn. R. App. P. 10(b). AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/PRICEJ_OPN.WP6 PROFILL DEVELOPMENT, INC. vs. DON DILLS, COMMISSIONER OF THE TENNESSEE DEPARTMENT OF ENVIRONMENT AND, CONSERVATION, ET AL Court:TCA Attorneys: J. Alan Hanover, James R. Newsom, III, Helen L. Keith, HANOVER, WALSH, JALENAK & BLAIR, PLLC, Memphis, Tennessee Attorneys for Plaintiff/Appellant. Charles W. Burson, Attorney General and Reporter Elizabeth P. McCarter, Senior Counsel Attorney for Defendants/Appellees Don Dills and Charles W. Burson Gary A. Davis, Knoxville, Tennessee Attorney for Defendant/Appellee West Tennesseans for Clean Water and Environment. Judge: FARMER First Paragraph: his appeal from a declaratory judgment lawsuit arose out of Appellant's attempts to construct and to operate a solid waste landfill. In 1992, Profill Development, Inc. (hereinafter, "Profill") applied to the Tennessee Department of Environment and Conservation (hereinafter, "Department") for a solid waste disposal permit to construct and to operate a "Class I disposal facility" in Gallaway, Fayette County, Tennessee. The Tennessee Solid Waste Disposal Act, T.C.A. S68-211-101 et seq. (1996) authorizes the Tennessee Solid Waste Disposal Control Board (hereinafter, "the Board") to promulgate rules governing solid waste processing and disposal facilities. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/PROFILL_OPN.WP6 MICHAEL RASMUSSEN and wife CINDY RASMUSSEN vs. MROT, INC. and WILLIAM G. ROYSTER Court:TCA Attorneys: For the Plaintiffs/Appellants: For the Defendants/Appellees: Michael J. Philbin John Thomas Feeney William G. McCaskill, Jr. Lee Anne Murray TAYLOR, PHILBIN, PIGUE, FEENEY & LAWRENCE MARCHETTI & BENNETT Nashville, Tennessee Nashville, Tennessee Judge: KOCH First Paragraph: This appeal involves an over-the-road truck driver who was injured while a stack of commercial truck tires was being unloaded from the trailer on his truck. The driver filed a negligence action in the Circuit Court for Davidson County against the tire service company where the tires were being delivered and the operator of the forklift carrying the tires when they fell. The trial court determined that the doctrine of res ipsa loquitur was inapplicable to this case and granted the defendants' motion for summary judgment. The driver asserts on this appeal that he made out a prima facie case of negligence under the doctrine of res ipsa loquitur. We affirm the summary judgment. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/RASMUSNM_OPN.WP6 AMANDA MARIE SMITH, CHARLES BRENT SMITH, and wife CONNIE SMITH vs. THE CASTNER-KNOTT DRY GOODS COMPANY Court:TCA Attorneys: For the Plaintiffs/Appellants: For the Defendant/Appellee: Ronald H. Bice, Jr. D. Randall Mantooth Nashville, Tennessee Leitner, Warner, Moffitt, Williams, Dooley & Napolitan Nashville, Tennessee Judge: KOCH First Paragraph: This appeal concerns a seven-year-old girl who was injured when a decorative mirrored tile fell from a wall in a department store. The child and her parents filed a negligence action against the department store in the Circuit Court for Davidson County. The trial court granted the department store's motion for summary judgment. On this appeal, the child and her parents assert that summary judgment was improper because of factual disputes concerning the department store's knowledge of the mirrored tiles' condition and because the undisputed facts made out a prima facie case of liability under the doctrine of res ipsa loquitur. We affirm the summary judgment. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/SMITHAM_OPN.WP6 SOUTHERN REHABILITATION SPECIALISTS, INC. vs. ASHLAND HEALTH CARE CENTER, INC., d/b/a OAKMONT CARE CENTER; and DON L. BREWER, GARY BREWER, GARY G. BROWN, and S. W. CREEKMORE, JR., PARTNERS d/b/a OAKMONT CARE CENTER MONARCH NURSING HOME, INC. Court:TCA Attorneys: ROBERT A. ANDERSON Nashville, Tennessee Attorney for Appellant, Ashland Health Care Center, Inc. ROBERT L. PERRY, JR. Ashland City, Tennessee Attorney for Appellee, Southern Rehabilitation Specialists, Inc. Judge: HIGHERS First Paragraph: Defendant Ashland Healthcare Center, Inc. (Ashland), appeals the judgment entered against it in this breach of contract action. The contract at issue was between Plaintiff/Appellee Southern Rehabilitation Specialists, Inc. (Southern Rehab), and Oakmont Healthcare Center (Oakmont). In imposing liability against Ashland, the trial court ruled that Pete Prins, the administrator of Oakmont and an employee of third party defendant Monarch Nursing Homes, Inc. (Monarch), had the authority to bind Ashland to the contract between Southern Rehab and Oakmont. For the reasons hereinafter stated, we reverse the judgment against Ashland and remand for further proceedings. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/SOUTHERN_OPN.WP6 UNITED BRAKE SYSTEMS, INC., dba MIDLAND GRAU HEAVY DUTY SERVICE CENTER, ECHLIN, INC., BRAKE SYSTEMS, INC. and FRICTION MATERIALS, INC. vs. AMERICAN ENVIRONMENTAL PROTECTION, INC. and LEE BARR Court:TCA Attorneys: PHILIP M. KIRKPATRICK JOHN E. ANDERSON Stewart, Estes & Donnell SunTrust Center 424 Church Street, 14th Floor Nashville, Tennessee 37219-2392 ATTORNEYS FOR PLAINTIFFS/APPELLEES JOE F. GILLESPIE, JR. 6408-A Clarksville Highway Joelton, Tennessee 37080 ATTORNEY FOR DEFENDANT/APPELLEE LEE BARR JOSEPH L. LACKEY, JR. Lackey, Rodgers, Price & Snedeker 1230 First American Center Nashville, Tennessee 37238-1230 ATTORNEYS FOR DEFENDANT/APPELLANT AMERICAN ENVIRONMENTAL PROTECTION, INC. Judge: LEWIS First Paragraph: This is an appeal by defendant/appellant, American Environmental Protection, Inc. ("AEP"), from a jury verdict rendered in the Davidson County Chancery Court. The jury determined AEP was liable to plaintiff/appellee, United Brake Systems, Inc. ("UBS"), for misrepresentation, conversion, and unfair competition. In addition, the court directed a verdict against AEP on UBS's breach of contract claim. The jury awarded UBS $130,892.00, court costs, attorney's fees, and $100,000.00 in punitive damages. The jury also determined AEP was liable to defendant/appellee, Lee Barr, for misrepresentation and awarded him $25,000.00 plus legal fees. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. URL:http://www.tba.org/tba_files/TCA/UNITED_OPN.WP6 JOSEPH G. WALKER, ET AL. vs. BOARD OF EDUCATION OF WILSON COUNTY Court:TCA Attorneys: WILLIAM L. HARBISON Sherrard & Roe, PLC 424 Church Street, Suite 2000 Nashville, Tennessee 37219 ATTORNEY FOR APPELLANT LALETA SHIPPER HENRY CLAY BARRY 106 South College Street Lebanon, Tennessee 37087 ATTORNEY FOR APPELLANT ALLEN BARRY ERNEST W. COTTEN 202 East Gay Street Lebanon, Tennessee 37087 ATTORNEY FOR APPELLANT JOSEPH G. WALKER MICHAEL R. JENNINGS Wilson County Attorney 326 N. Cumberland Street Lebanon, Tennessee 37087 ATTORNEY FOR APPELLEE BOARD OF EDUCATION OF WILSON COUNTY Judge: LEWIS First Paragraph: This is an appeal by plaintiffs/appellants, Joseph G. Walker, Laleta Shipper and Allen Barry, from a decision of the trial court dismissing their complaint to recover attorneys' fees from defendant/appellee, the Board of Education of Wilson County ("the Board"). AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/WALKERET_OPN.WP6 JANET L. WOLF and GERALD S. BOWKER vs. DON SUNDQUIST, in his official capacity as Governor of the State of Tennessee; JOHN KNOX WALKUP, in his official capacity as Attorney General of the State of Tennessee; VICTOR S. JOHNSON, III, in his official capacity as District Attorney General for the 20th Judicial District for the State of Tennessee, and DAN M. ALSOBROOKS, in his official capacity as District Attorney General for the 23rd Judicial District of the State of Tennessee, and as representatives of all District Attorneys General in the State of Tennessee Court:TCA Attorneys: For the Plaintiffs/Appellants: For the Defendants/Appellees: Irwin Venick Jerry L. Smith DOBBINS & VENICK Deputy Attorney General Nashville, Tennessee Nashville, Tennessee Judge: KOCH First Paragraph: This appeal involves the right of persons unalterably opposed to the death penalty to serve as jurors in capital murder cases. Two persons who had been excused for cause in separate capital cases filed suit in the Circuit Court for Davidson County, seeking a declaration that excusing prospective jurors who, as a matter of religious conscience, could not consider imposing the death penalty violated the prospective jurors' constitutional rights. The trial court dismissed the complaint, and the jurors appealed. We have determined that the practice of excluding jurors whose religious principles prevent them from considering the death penalty regardless of the law and the evidence is not an unconstitutional religious test, does not violate the jurors' constitutionally protected freedom of religion, and does not unconstitutionally discriminate against these jurors. Accordingly, we affirm the judgment. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/WOLFJL_OPN.WP6
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