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TBALink Opinion-Flash
April 30, 1997 -- Volume #3 -- Number #048
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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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: