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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Court:TSC - Rules Paragraph: The Rules of the Tennessee Court of Criminal Appeals are amended by adding the following, which shall become Rule 21 of this Court: Rule 21. Capital Cases and Notice of Appeal--. In addition to the content requirements for a Notice of Appeal as set forth in Rule 3(f), Tenn. R. App. P., the appellant shall prominently state on the notice, below the docket number, the phrase "CAPITAL CASE APPEAL." This requirement shall apply to both direct appeal and post-conviction capital cases. URL:http://www.tba.org/tba_files/TSC_Rules/RULE21_RU.WP6 EDWIN H. BUSH and WILLIAM F. GIBSON, Co-Administrators of The Estate of Lonnie Mae Lane Deceased vs. TONY WESLEY CARRICK, Individually and Administrator of The Estate of Harvey Wesley Carrick, Deceased Court:TCA Attorneys: ALLEN SHOFFNER 207 North Spring Street Shelbyville, TN 37160 Attorney for Appellants TAMRA L. SMITH NORTON & SMITH 124 East Side Square P. O. Drawer 37 Shelbyville, TN 37160 Attorney for Appellee Judge: Goddard First Paragraph: The complaint in this case contends that the transfer of funds represented by a $37,500 certificate of deposit by Mr. Carrick to himself, rendered the father's estate insolvent and therefore was fraudulent as to creditors. VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/BUSHEH_OPN.WP6 FIRST FARMERS AND MERCHANTS NATIONAL BANK OF COLUMBIA, a national banking association with its principal office in Columbia, Maury County, Tennessee vs. BURT BROTHERS FURNITURE CO., INC., WILLIAM W. HARDISON, SR., and DOROTHY M. HARDISON, individually, and d/b/a Burt Brothers Furniture Co., Inc Court:TCA Attorneys: THOMAS H. PEEBLES, IV WALLER LANSDEN DORTCH & DAVIS 809 South Main Street, Suite 300 P. O. Box 1035 Columbia, TN 38402-1035 Attorney for Plaintiff/Appellee DELILAH A. SPEED P. O. Box 973 Columbia, Tennessee 38402 Attorney for Defendant/Appellant Judge: CANTRELL First Paragraph: The primary question in this case is whether a wife's guaranty of her husband's debts covers debts for which he later became obligated as a guarantor. The Circuit Court of Maury County granted summary judgment against the wife. We affirm. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/FIRSTFAR_OPN.WP6 JOANNE DALLE MAYFIELD vs. JOHN DREW MAYFIELD WITH CONCURRING OPINION Court:TCA Attorneys: MICHAEL W. BINKLEY, #5930 150 Second Avenue North Suite 300 Nashville, TN 37201-1902 ATTORNEY FOR PLAINTIFF/APPELLANT DAVID W. GARRETT, #13248. Robert L. Jackson & Associates 214 Second Avenue North Suite 103 Nashville, TN 37201 ATTORNEY FOR DEFENDANT/APPELLEE Judge: TODD First Paragraph: In this divorce case, the wife Joanne Dalle Mayfield has appealed from a decree finding both parties at fault, declaring the parties to be divorced under TCA S 36-4-129, declaring joint custody of a minor child with physical custody in the wife, ordering child support, alimony and attorneys fees and dividing the marital estate. MODIFIED, AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/MAYFIELD_OPN.WP6 URL:http://www.tba.org/tba_files/TCA/MAYFIELD_CON.WP6 ROY L. McCAMEY VS. TENNESSEE DEPARTMENT OF CORRECTION, et al. Court:TCA Attorneys: Roy L. McCamey P. O. Box 5000 Northeast Correctional Center Mountain City, Tennessee 37683-5000 PRO SE/ PETITIONER/APPELLANT John Knox Walkup Attorney General and Reporter Patricia C. Kussmann Assistant Attorney General 425 Fifth Avenue North Nashville, Tennessee ATTORNEY FOR RESPONDENTS/APPELLEES Judge: TODD First Paragraph: This is a suit for declaratory judgment which was dismissed by the Trial Court for failure to state a claim for which relief can be granted. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/MCCAMEYR_OPN.WP6 OUTPATIENT DIAGNOSTIC CENTER vs. RALPH CHRISTIAN WITH CONCURRING OPINION Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: John E. Buffaloe, Jr. Ralph Christian, Pro Se Nashville, Tennessee Judge: KOCH First Paragraph: This appeal involves a medical care provider's efforts to hold a husband liable for medical services provided to his wife. The husband perfected a de novo appeal in the Circuit Court for Davidson County after the provider obtained a judgment against him in general sessions court. Thereafter, the trial court granted the provider's motion for summary judgment, and the husband appealed to this court. The husband assails the summary judgment on two grounds: first that the record contains no evidence demonstrating that the provider is entitled to a judgment as a matter of law and second that he should not be held liable for his wife's debt because she was not acting as his agent in the transaction and because he did not ratify the debt. We have determined that the summary judgment must be vacated because of the absence of an evidentiary foundation for a judgment of any sort. URL:http://www.tba.org/tba_files/TCA/OUTPATNT_OPN.WP6 URL:http://www.tba.org/tba_files/TCA/OUTPATNT_CON.WP6 STATE OF TENNESSEE DEPARTMENT OF HUMAN SERVICES vs. IN THE MATTER OF: EMMI PRUITT AND KARELYN PRUITT, JAMI SWAYZE (McCARTHY), Court:TCA Attorneys: JOHN KNOX WALKUP Attorney General and Reporter DOUG EARL DIMOND Assistant Attorney General 426 Fifth Avenue North Nashville, Tennessee 37243-0499 Attorney for Petitioner/Appellee TIMOTHY S. PRIEST SWAFFORD, PETERS & PRIEST 100 First Avenue, S.W. Winchester, Tennessee 37398 Attorney for Respondent/Appellant Judge: CANTRELL First Paragraph: This case involves a question of the jurisdiction of this state over a juvenile petition filed while the children were visiting here. The petition alleged that the children were dependent and neglected because of acts that occurred in their home state of Michigan. The juvenile court of Franklin County assumed jurisdiction, found the children to be dependent and neglected, and placed them in foster care. The circuit court affirmed. We hold that the lower courts had no jurisdiction over this proceeding; therefore we reverse the court's order and dismiss the petition. REVERSED, DISMISSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/PRUITTE_OPN.WP6 ALVIN SEAGROVES vs. TENNESSEE DEPARTMENT OF CORRECTION, et al. Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendants/Appellees: Alvin Seagroves, Pro Se Charles W. Burson Attorney General and Reporter Patricia C. Kussmann Nashville, Tennessee Judge: KOCH First Paragraph: This consolidated appeal involves a prisoner's dispute with the Department of Correction concerning the calculation of his statutorily authorized sentence credits. The prisoner, acting pro se, filed two petitions for declaratory judgment in the Chancery Court for Davidson County in which he asserted that the Department had not provided him with the proper credits. The trial court dismissed the first petition on the grounds that the prisoner had not exhausted his administrative remedies and dismissed the second petition on the ground that it had become moot because the Department had awarded the prisoner his requested credits. The prisoner asserts on this appeal that the Department incorrectly calculated his prison sentence reduction credits. We have determined that the calculation discrepancy does not presently present a justiciable issue because the prisoner has not sought to resolve this dispute with the Department. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/SEAGRVA_OPN.WP6 TIMOTHY ANDERSON vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL A. WALCHER JOHN KNOX WALKUP Office of the Public Defender Attorney General and Reporter 1609 College Park Drive Box 11 MICHAEL J. FAHEY, II Morristown, TN 37813-1618 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 C. BERKELEY BELL, JR. District Attorney General 109 S. Main Street Suite 501 Greeneville, TN 37743 JOHN F. DUGGER, JR. Asst District Attorney General Hamblen County Justice Center 510 Allison Street Morristown, TN 37814 Judge: CLARK First Paragraph: In this appeal the appellant contends that the trial court abused its discretion in revoking the defendant's probation and in requiring incarceration when the revocation was based on his inability to pay costs. We disagree and therefore affirm the decision of the lower court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/ANDERSON_OPN.WP6 EANOS E. HUNT, JR vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: Eanos Earl Hunt, Jr., Pro Se Northeast Correctional Center Mountain City, TN 37683-5000 For Appellee: Charles W. Burson Attorney General & Reporter Eugene J. Honea Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Judge: WADE First Paragraph: The petitioner, Eanos Earl Hunt, Jr., appeals from the trial court's summary dismissal of his application for post-conviction relief. The single issue presented on review is whether the trial court erred by finding that the grounds for relief asserted by the petitioner had been previously determined or waived and that the statute of limitations had expired. We affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/HUNT-EE_OPN.WP6 STATE OF TENNESSEE vs. BRIAN KEITH MARTIN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RICHARD G. ROSSER CHARLES W. BURSON 102 East Court Square Attorney General and Reporter Somerville, TN 38068 CLINTON J. MORGAN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 ELIZABETH RICE District Attorney General CHRISTOPHER MASHBURN Asst District Attorney General 302 Market Street Somerville, TN 38068 Judge: WELLES First Paragraph: The Defendant, Brian Keith Martin, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He was convicted by a Fayette County jury of aggravated burglary. The trial court sentenced him as a Range II multiple offender to eight years in the Department of Correction. In this appeal, the Defendant presents five issues for review. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/MARTINBK_OPN.WP6 KENNETH WAYNE O'GUINN vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHRISTOPHER M. MINTON CHARLES W. BURSON MICHAEL J. PASSINO Attorney General and Reporter Lassiter, Tidwell & Hildebrand 213 Fifth Avenue North DARIAN B. TAYLOR Nashville, TN 37219 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 JERRY WOODALL District Attorney General AL EARLS Assistant District Attorney P. O. Box 2825 Jackson, TN 38302 Judge: SMITH First Paragraph: Appellant Kenneth Wayne O'Guinn was convicted of first degree murder and aggravated rape. He received a death sentence for the murder conviction and life imprisonment for the rape conviction. In this appeal, Appellant challenges the trial court's dismissal of his petition for post-conviction relief, presenting the following issues for review: (1) whether the trial court erred in finding that his exculpatory evidence claim was previously determined; and (2) whether the trial court erred in finding that his sufficiency claim was waived. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCCA/OGUINN_OPN.WP6 RONALD L. PARKER vs. BILLY COMPTON, WARDEN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHRISTOPHER M. MINTON CHARLES W. BURSON MICHAEL J. PASSINO Attorney General and Reporter Lassiter, Tidwell & Hildebrand 213 Fifth Avenue North DARIAN B. TAYLOR Nashville, TN 37219 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 JERRY WOODALL District Attorney General AL EARLS Assistant District Attorney P. O. Box 2825 Jackson, TN 38302 Judge: SMITH First Paragraph: This matter is before the Court upon the petitioner's "motion for reconsideration" of the order entered in the above-captioned cause on March 4, 1997. The petitioner also requests the Court to render "further findings of fact and conclusions of law" in this matter. Having reviewed the petitioner's motion, and finding that the same is not well taken, it is hereby ORDERED that the petitioner's "motion for reconsideration and further findings of fact and conclusions of law" is denied. URL:http://www.tba.org/tba_files/TCCA/PARKE-R1_ORD.WP6 STATE OF TENNESSEE vs. MILES V. TOLLEY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT Y. OAKS JOHN KNOX WALKUP Office of the Public Defender Attorney General and Reporter Main Courthouse Elizabethton, TN 37643 WILLIAM DAVID BRIDGERS Assistant Attorney General RANDALL E. REAGAN 450 James Robertson Parkway 602 Gay Street, Suite 905 Nashville, TN 37243-0493 Knoxville, TN 37902 DAVID E. CROCKETT District Attorney General Rt. 19, Box 99 Johnson City, TN 37601 KENNETH C. BALDWIN Asst District Attorney General Carter County Courthouse Annex Elizabethton, TN 37643 Judge: CLARK First Paragraph: The defendant was charged in the indictments with attempted aggravated rape and aggravated burglary. He entered a plea of guilty to attempted aggravated rape. Following his sentencing hearing, he was sentenced to serve eight years in the Department of Corrections. The trial court denied the petitioner's request for suspended sentence. URL:http://www.tba.org/tba_files/TCCA/TOLLEY_OPN.WP6 CHARLES WILEY vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DAVID B. HILL JOHN KNOX WALKUP 301 E. Broadway Attorney General and Reporter Newport, TN 37821 MICHAEL J. FAHEY, II Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 ALFRED C. SCHMUTZER, JR. District Attorney General 125 Court Avenue, Room 301-E Sevierville, TN 37862 JAMES BRUCE DUNN Asst District Attorney General 339-A E. Main Street Newport, TN 37821 Judge: CLARK First Paragraph: On January 25, 1990, the appellant, Charles Wiley, was convicted by a jury of aggravated rape and aggravated kidnapping. He was sentenced as a Range I standard offender to a term of twenty-two years on each conviction. The sentences were ordered to be served concurrently. This court affirmed petitioner's conviction. State v. Wiley, No. 168 (Tenn. Crim. App., Knoxville, February 12, 1992), perm. app. denied, June 22, 1992. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/WILEY_OPN .WP6
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