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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- 00-New Opinions From TSC-Rules
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- 03-New Opinions From TCCA
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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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