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TBALink Opinion-Flash
May 13, 1997 -- Volume #3 -- Number #052
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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- 03-New Opinions From TCCA
- 01-New Opinions From TSC
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George Dean
TBALink Chief Editor
STATE OF TENNESSEE vs. SARAH HUTTON DOWNEY Court:TSC Attorneys: For Appellant/Cross-Appellee: For Appellee/Cross Appellant: John Knox Walkup Jerry H. Summers Attorney General & Reporter Summers, McCrea & Wyatt Chattanooga, Tennessee Michael E. Moore Solicitor General John P. Cauley Assistant Attorney General Nashville, Tennessee At trial: Gary D. Gerbitz District Attorney General Charles A. Cerney, Jr. Assistant District Attorney General Chattanooga, Tennessee Judge: ANDERSON First Paragraph: We granted this appeal to answer a question of first impression: whether a sobriety roadblock at which police officers stop and question motorists whose prior conduct is unremarkable and free from suspicion, is an unreasonable seizure in violation of article I, section 7 of the Tennessee Constitution? AFFIRMED. URL:http://www.tba.org/tba_files/TSC/DOWNEYSH_OPN.WP6
CARL F. BELL
vs.
ROBERT CARTER
Court:TCA
Attorneys:
E. Ronald Chesnut, Greeneville, for Appellant.
Jeffrey A. Powell, Chattanooga, for Appellee.
Judge: INMAN
First Paragraph:
The motion of the appellee to dismiss this appeal because of the
failure of the appellant to serve a copy of the Notice of Appeal on
the Clerk of the Appellate Court is denied in accordance with the
holding of the Supreme Court in Cobb v. Beier, _____S.W.2d_____, No.
03S01-9610-CV-00106, filed at Knoxville on April 28, 1997, for
publication. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/BELLCART_OPN.WP6
CURTIS EUGENE BUNCH
vs.
SYNDIE TARENE MURPHY BUNCH
Court:TCA
Attorneys:
Charles H. Child and Wade H. Boswell, II, Knoxville, for Appellant.
Browder G. Williams, Harriman, for Appellee.
Judge: INMAN
First Paragraph:
The issues propounded by Wife, the appellant, are (1) whether the
marital assets were properly apportioned, (2) whether she was entitled
to alimony, (3) whether she was entitled to attorney fees, and (4)
whether child support was properly determined. AFFIRMED in part;
REVERSED in part, and REMANDED.
URL:http://www.tba.org/tba_files/TCA/BUNCH_OPN.WP6
JIMMY L. CRUM
vs.
VESTAL C. LAWING and wife,
MATTIE LAWING
Court:TCA
Attorneys:
E. Grant Crum, Greeneville, for Appellant
Douglas L. Payne, Greeneville, for Appellees
Judge: INMAN
First Paragraph:
The issue in this case is whether two (2) writings afford intrinsic
proof of their relation to the same transaction thus obviating the
defense of the Statute of Frauds. The Chancellor sustained the
specially pleaded defense, and we affirm. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/CRUMLAW_OPN.WP6
BETH ANN GONZENBACH
vs.
DAVID SCOTT GONZENBACH
Court:TCA
Attorneys:
George M. Derryberry, Chattanooga, for Appellant
Leslie B. McWilliams, Chattanooga, for Appellee
Judge: INMAN
First Paragraph:
These parties were divorced by a final decree entered on February 28,
1994 which approved a marital dissolution agreement (MDA). On
September 13, 1994, Mrs. Gonzenbach (Wife) filed a petition for Rule
60 relief, or for contempt or modification of the decree on the ground
that husband had deliberately concealed information about future bonus
or incentive income. VACATED and REMANDED.
URL:http://www.tba.org/tba_files/TCA/GOZENBAC_OPN.WP6
SAVCO, INC.
vs.
CENTURY HOME IMPROVEMENT, INC.
and
MARVIN GRIFFITH
Court:TCA
Attorneys:
Edward T. Brading, Johnson City, for Appellant, Marvin Griffith.
Walter Lee Davis, Jr., Johnson City, for Appellee, Savco.
Judge: INMAN
First Paragraph:
This is a suit on open account. The plaintiff corporation sold a
quantity of building materials to the defendant corporation which
acknowledges the debt; but its sole shareholder, Marvin Griffith, was
also held liable for the account and he appeals. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/SAVCO_OPN.WP6
UPPER EAST TENNESSEE
DISTRIBUTING
vs.
RUTH E. JOHNSON,
Commissioner of Revenue
Court:TCA
Attorneys:
Forrest B. Bigham, Nashville, for Appellant.
Walter Lee Davis, Jr., Johnson City, for Appellee.
Judge: INMAN
First Paragraph:
This complaint was heard by the Chancellor upon stipulated facts,
trial briefs and oral argument. Motions for Summary Judgment were
filed by both parties; the trial court granted Plaintiff's motion.
JUDGMENT REVERSED; MOTION OF THE DEFENDANT MOTION OF THE DEFENDANT
GRANTED; REMANDED FOR ENTRY OF JUDGMENT FOR THE STATE.
URL:http://www.tba.org/tba_files/TCA/UPPER-CA_OPN.WP6
STATE OF TENNESSEE
vs.
RAYMOND O. BROWN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GREG EICHELMAN JOHN KNOX WALKUP
Public Defender Attorney General & Reporter
D. CLIFTON BARNES JANIS L. TURNER
Asst. Public Defender Counsel for the State
1609 College Park Dr., Box 11 450 James Robertson Pkwy.
Morristown, TN 37813-1618 Nashville, TN 37243-0493
C. BERKELEY BELL
District Attorney General
FLOYD W. RHEA
Asst. District Attorney General
North Court St.
Sneedville, TN 37869
Judge: PEAY
First Paragraph:
The defendant was indicted for assault and vandalism under five
hundred dollars ($500). A jury found him guilty of the vandalism
offense, a Class A misdemeanor, and assessed a fine of one thousand
five hundred dollars ($1500). He was found not guilty of the assault
charge. The court below sentenced the defendant to incarceration for
eleven months, twenty-nine days with a release eligibility date at ten
percent. In this direct appeal, the defendant contends that the
evidence was not sufficient to support the verdict and that the trial
court erred by not sentencing him to immediate probation. After a
review of the record, we affirm the judgment below. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BROWNRO_OPN.WP6
STATE OF TENNESSEE
vs.
LISA GAYE COPELAND
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
STACEY D. NORDQUIST JOHN KNOX WALKUP
Asst District Public Defender Attorney General and Reporter
419 High Street
Maryville, TN 37801 MERRILYN FEIRMAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
MICHAEL L. FLYNN
District Attorney General
EDWARD P. BAILEY, JR.
Asst District Attorney General
363 Court Street
Maryville, TN 37804-5906
Judge: CLARK
First Paragraph:
Defendant Lisa Copeland appeals as of right from the judgment of the
trial court ordering her to serve the sentenced imposed in this case
consecutively to a previous sentence imposed upon her in Sevier
County, and denying her request for probation. The decision of the
trial court is affirmed. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/COPELAND_OPN.WP6
STATE OF TENNESSEE
vs.
JOHNNY VIOLET AND
SHIRLEY VIOLET
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CHARLES M. CORN CHARLES W. BURSON
District Public Defender Attorney General & Reporter
WILLIAM DONALDSON MICHAEL J. FAHEY, II
Assistant Public Defender Assistant Attorney General
110 e 3 of the Tennessee Rules of
Appellate Procedure from their convictions following a bench trial in
the McMinn County Criminal Court. Mr. Violet was convicted of the
offense of killing a domestic animal less than $500.00 in value, two
(2) counts of misdemeanor vandalism, and one (1) count of criminal
trespass. The trial court sentenced Mr. Violet to eleven (11) months
and twenty-nine (29) days on the conviction for killing a domestic
animal and eleven (11) months and twenty-nine (29) days on each
vandalism conviction. He was sentenced to thirty (30) days for the
conviction of criminal trespass, with all sentences to run
concurrently. The sentences were suspended, he was ordered to pay
restitution within nine (9) months as a condition of his probation.
Shirley Violet was convicted of one (1) count of misdemeanor
vandalism, and was sentenced to eleven (11) months and twenty-nine
(29) days, which was suspended and she was placed on probation. As to
both Defendants, the sole issue on appeal is whether the evidence was
sufficient to support the convictions. We affirm the judgment of the
trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/VIOLETSJ_OPN.WP6
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