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.

This Issue IN THIS ORDER:
01-New Opinions From TSC
00-New Opinions From TSC-Rules
00-New Opinions From TSC-Workers Comp Panel
06-New Opinions From TCA
03-New Opinions From TCCA

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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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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