TBALink Opinion-Flash

June 18, 1997 -- Volume #3 -- Number #62

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):
02-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
02-New Opinons From TCA
02-New Opinons From TCCA

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George Dean
TBALink Chief Editor


LARRY KRICK
vs.
CITY OF LAWRENCEBURG

Court:TSC

Attorneys: 

For Plaintiff/Appellant:                For Defendant/Appellee:

Ben Boston                              James A. Hooper
Christopher V. Sockwell                 Hopper & Plunk, P.C.
Boston, Bates & Holt                    Savannah, Tennessee
Lawrenceburg, Tennessee                         

Judge: ANDERSON

First Paragraph:

We granted the motion for review to determine whether a policeman's
coronary artery disease arose out of his employment for the City of
Lawrenceburg.  The Lawrence County Circuit Court found that the police
officer sustained a compensable injury in the course and scope of his
employment with the City of Lawrenceburg.  On appeal, the Special
Workers' Compensation Panel reversed and dismissed the case, finding
no compensable injury.  After carefully examining the record, we
affirm the Panel's findings of fact and conclusions of law.  JUDGMENT
OF TRIAL COURT REVERSED; CASE DISMISSED.

URL:http://www.tba.org/tba_files/TSC/KRICKL_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
CHAD DOUGLAS POOLE

with DISSENTING OPINION

Court:TSC

Attorneys: 

For Appellant/Appellee:             For Appellee/Appellant:

John Knox Walkup                    Gary Antrican
Attorney General & Reporter         Public Defender
                        
Michael E. Moore                    Jeannie Kaess
Solicitor General                   Assistant Public Defender
                                    Somerville, Tennessee
Kathy Morante
Deputy Attorney General             At Trial:
Nashville, Tennessee                C. Michael Robbins
                                    Assistant Public Defender
At Trial:
Elizabeth Rice
District Attorney General

Jerry Norwood
Assistant District Attorney
Somerville, Tennessee                         

Judge: ANDERSON

First Paragraph:

We granted this appeal to determine whether the trial court properly 
applied two enhancement factors -- whether the victim was
"particularly vulnerable," and whether the victim was treated with
"exceptional cruelty" -- to increase the defendant's sentence. 
AFFIRMED.

URL:http://www.tba.org/tba_files/TSC/POOLE_OPN.WP6
URL:http://www.tba.org/tba_files/TSC/POOLE_DIS.WP6
Opinion-Flash

MARLES FLOWERS
vs.
MEMPHIS HOUSING AUTHORITY

Court:TCA

Attorneys:                          

GREGORY L. PERRY
Memphis, Tennessee
Attorney for Appellant

ALAN BRYANT CHAMBERS
JEFF A. CROW, JR.
CHAMBERS, CROW, DURHAM & HOLTON
Memphis, Tennessee
Attorneys for Appellee

Judge: HIGHERS

First Paragraph:

In this action for breach of employment contract, Defendant Memphis
Housing Authority (MHA) appeals two orders of the trial court entered
in favor of MHA's former employee, Plaintiff/Appellee Marles Flowers. 
In its first order, the trial court granted Flowers' motion for
summary judgment based on the court's conclusion that MHA's Manual of
Operations constituted part of the employment contract between the
parties and, further, that MHA breached this contract by terminating
Flowers without just cause. After amending the pleadings to conform to
the proof in the record, the trial court's initial order also granted
summary judgment to Flowers on his claim that, in terminating Flowers,
MHA deprived him of a protectible property interest in violation of
his constitutional right to due process.  The trial court later
entered a final order granting Flowers the remedies of back pay for a
period of three years, as well as reinstatement to his former position
with MHA. REVERSED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/FLOWERSM_OPN.WP6
Opinion-Flash

GATES, DUNCAN AND VANCAMP   
CO., a Partnership  
vs.
RICHARD W. LEVATINO
vs.
GATES, DUNCAN AND VANCAMP 
CO., a Tennessee Partnership
and
LOUIS "RICK" CHAFFIN and GLEN R.
PAGE, Individually and as partners of 
GDVC Company

Court:TCA

Attorneys: 

WILLIAM H. HALTOM, JR., Thomason, Hendrix, Harvey, Johnson & Mitchell,
Memphis, Attorney for Plaintiff/Cross-Defendant/Third Party
Defendants.

STANLEY J. KLINE, Memphis, Attorney for Defendant/Cross Plaintiff

Judge: TOMLIN

First Paragraph:

Gates, Duncan and Vancamp, a Tennessee partnership (hereafter
"Plaintiff") filed suit in the Chancery Court of Shelby County against
one of its partners, Richard W. Levantino (hereafter "Levatino" or
"Defendant"), seeking injunctive relief, an accounting, compensatory
and punitive damages, termination of the partnership, attorney fees
and expenses and other relief in connection with plaintiff's attempt
to protect the assets of the partnership.  Subsequently the
chancellor, at the request of both parties, entertained a motion for a
declaratory judgment, which was ultimately resolved in favor of
plaintiff.  Thereafter the chancellor referred other pending matters
to a Special Master, whose report to the chancellor was affirmed by
him.  In addition, the chancellor awarded compensatory and punitive
damages, along with attorney fees to plaintiff. AFFIRMED.

URL:http://www.tba.org/tba_files/TCA/GATESDUN_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
MICHAEL LYNN EALEY

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:


ROGER A. WOOLSEY                    JOHN KNOX WALKUP
118 S. Main St.                     Attorney General & Reporter
Greeneville, TN   37743
                                    MARVIN E. CLEMENTS, JR.
                                    Asst. Attorney General
                                    450 James Robertson Pkwy.
                                    Nashville, TN  37243-0493
                
                                    C. BERKELEY BELL
                                    District Attorney General

                                    ERIC D. CHRISTIANSEN
                                    Asst. District Attorney General
                                    113-J West Church St.   
                                    Greeneville, TN   37743                          

Judge: PEAY

First Paragraph:

The defendant was charged with two counts of rape of a child and
convicted by a jury of two counts of statutory rape.  After a hearing,
he was sentenced as a Range I standard offender to two years
incarceration for each offense, to run consecutively for an effective
sentence of four years.  In this direct appeal, the defendant
challenges the sufficiency of the evidence and claims that his
sentence is excessive.  We affirm the judgment  AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/EALEYML_OPN.WP6
Opinion-Flash

JOSEPH MASON RHINERSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE Petitioner:                 FOR THE APPELLEE:

C. DAVID JONES                      JOHN KNOX WALKUP
P.O. Box 707                        Attorney General & Reporter
150 W. Main St.
Huntingdon, TN  38344-0707          ELLEN H. POLLACK
                                    Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493    

                                    ROBERT GUS RADFORD
                                    District Attorney General

                                    ELEANOR CAHILL
                                    Asst. District Attorney General
                                    P.O. Box 663
                                    Camden, TN 38320                        

Judge: WITT

First Paragraph:

The petitioner, Joseph Mason Rhinerson, appeals the Carroll County
Circuit's Court denial of post-conviction relief.  He is serving a
life sentence following his conviction of murder in the first degree. 
 In this appeal of his first post-conviction proceeding, he alleges he
was denied the effective assistance of counsel based upon his trial
counsel's failure to question prospective jurors about their views on
homosexuality, failure to move for a mistrial and make pertinent
objections, failure to make a timely motion for change of venue, and
failure to investigate and present evidence that the petitioner did
not fire the bullet that killed the victim.  He also alleges his
counsel's failure to question the venire about their views on
homosexuality denied him fundamental fairness and due process and that
he was likewise denied due process because a juror allegedly withheld
information about her knowledge of the case and her relationship with
the victim's family.  Finally, he alleges he was denied a fair trial
because of prosecutorial misconduct and the conduct of the victim's
supporters during trial.  On review of these issues, which we have
reordered for purposes of discussion, we affirm the lower court's
dismissal of the petitioner's post-conviction petition. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/RHINERJM_OPN.WP6

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