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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NICO EMILE FLOWERS, by next friend and Natural Parent, Tracey Lynn Bastian vs. METROPOLITAN BAPTIST SCHOOLS Court:TCA Attorneys: FOR APPELLEE: FOR APPELLANT: Paul Julius Walwyn Kevin H. Theriot P. O. Box 6293 101 Westpark Drive, Suite 250 Madison, TN 37115 Brentwood, TN 37020 Judge: CANTRELL First Paragraph: This extraordinary appeal arises out of an order enjoining a private school from expelling one of its students accused of smoking marijuana. We first find that this is an appropriate case for an extraordinary appeal pursuant to Tenn. R. App. P. 10. Since the school's application and the student's answer fully set forth the parties' positions and the material facts, we dispense with further briefing and oral argument and proceed to the merits of the appeal in order to save the parties additional time and expense. Because courts should not interfere in the internal affairs of private, voluntary organizations unless there is a showing that the organization's procedures have not been followed or that the organization has otherwise acted in an arbitrary, oppressive or unlawful manner, we have determined that the trial court's order enjoining the school from expelling the student until after the conclusion of the final examinations should be reversed and the case remanded to the trial court for further proceedings in accordance with Tenn. Ct. App. R. 10(b). REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/FLOWERN_OPN.WP6 THOMAS W. HUNTER vs. JAMES R. ANDERSON Court:TCA Attorneys: WILLIAM C. BARNES, JR. 13-14 Public Square Post Office Box 552 Columbia, Tennessee 38402 Attorney for Plaintiff/Appellant C. L. ROGERS ROGERS & MOORE 119 Court Square Gallatin, Tennessee 37066 Attorney for Defendant/Appellee Judge: CANTRELL First Paragraph: The trial court granted the defendant a summary judgment on the basis of accord and satisfaction. On appeal, the plaintiff claimed that there had been no accord and satisfaction because he did not agree to finalize the settlement his attorney worked out for him. We reverse the trial court, because there appear to be questions of material fact as to whether the attorney had the authority to settle on behalf of his client, and if he did not, as to whether the plaintiff himself accepted the settlement before changing his mind. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/HUNTERTW_OPN.WP6 GEORGE RUFF vs. CHARLES TRAUGHBER, CHAIRMAN, TENNESSEE BOARD OF PAROLES, ET AL. Court:TCA Attorneys: John Knox Walkup Attorney General and Reporter Teresa S. Thomas #12788 Counsel for the State 404 James Robertson Parkway Nashville, TN 37243 ATTORNEYS FOR DEFENDANTS/APPELLEES George Ruff, #203318 BMSP, P.O. Box 1000 Petros, TN 37845 PRO SE/PLAINTIFF/APPELLANT Judge: TODD First Paragraph: The captioned plaintiff has appealed from the judgment of the Trial Court which dismissed plaintiff's petition for certiorari. Plaintiff's petition concerned the action of the defendants, members of the Board of Paroles, in denying petitioner's application for parole from the custody of the Department of Correction. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/RUFFX_OPN.WP6 TIMMY D. TOMLINSON vs. CHARLES TRAUGHBER, CHAIRMAN TENNESSEE BOARD OF PAROLES, ET AL. Court:TCA Attorneys: TIMMY D. TOMLINSON, #124785 Morgan County Regional Correctional Facility P. O. Box 2000 Wartburg, Tennessee 37887 Pro Se/Petitioner/Appellant JOHN KNOX WALKUP Attorney General and Reporter JOHN R. MILES Assistant Attorney General Cordell Hull Building, Second Floor 425 5th Avenue North Nashville, Tennessee 37243-0488 Attorney for Respondents/Appellees Judge: CANTRELL First Paragraph: The Tennessee Board of Paroles declined to grant parole to an inmate in the custody of the Department of Correction. After his administrative appeal of that decision was turned down, the inmate petitioned the chancery court for a Writ of Certiorari. The court dismissed his petition on the ground on untimeliness. We affirm the dismissal, but base our decision on the alternate ground of the petitioner's failure to state a claim upon which relief can be granted. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/TOMLITD_OPN.WP6 THE CITY OF WHITE HOUSE vs. LAWRENCE RAY WHITLEY, District Attorney General for the Eighteenth Judicial District for the State of Tennessee, JOHN CARNEY, District Attorney and THE STATE OF TENNESSEE and TAYLOR (TED) EMERY, Sheriff for Robertson County, Tennessee, J. D. VANDERVORK, Sheriff for Sumner County, Tennessee with DISSENTING OPINION Court:TCA Attorneys: John Knox Walkup Attorney General and Reporter Gordon W. Smith Associate Solicitor General 500 Charlotte Avenue Nashville, TN 37243 ATTORNEYS FOR DEFENDANTS/APPELLANTS David M. Amonette 554 West Main Street Gallatin, TN 37066 ATTORNEY FOR PLAINTIFF/APPELLEE Judge: TODD First Paragraph: The captioned defendants, Lawrence Ray Whitley, District Attorney, John Carney, District Attorney, and The State of Tennessee have appealed from an unsatisfactory non-jury judgment in this suit for a declaratory judgment and mandamus. The other captioned defendants have not appealed. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/WHITEHOU_OPN.WP6 URL:http://www.tba.org/tba_files/TCA/WHITEHOU_DIS.WP6 MARSHA R. WILLIAMS vs. SEARS, ROEBUCK AND COMPANY, d/b/a SEARS Court:TCA Attorneys: MARSHA R. WILLIAMS 153 Twin Oaks Drive Nashville, TN 37211 PRO SE/PLAINTIFF/APPELLANT KEENE W. BARTLEY, #9889 Schulman, LeRoy & Bennett 501 Union Street, Suite 701 P.O. Box 190676 Nashville, TN 37219-0676 ATTORNEY FOR DEFENDANT/APPELLEE Judge: TODD First Paragraph: The plaintiff, Marsha R. Williams, has appealed from a jury verdict and judgment dismissing her suit for personal injuries sustained in a fall on the premises of the defendant, Sears, Roebuck & Company. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/WILLIAMM2_OPN.WP6 STATE OF TENNESSEE vs. JOSEPH T. ALLEY Court:TCCA Attorneys: For the Appellant: For the Appellee: Joseph P. Atnip Charles W. Burson District Public Defender Attorney General of Tennessee P.O. Box 734 and Dresden, TN 38225 Rebecca L. Gundt (AT TRIAL AND ON APPEAL) Assistant Attorney General of Tennessee Bill R. Barron 450 James Robertson Parkway 124 East Court Square Nashville, TN 37243-0493 Trenton, TN 38382 (ON APPEAL) Thomas A. Thomas District Attorney General and James T. Cannon Asst District Attorney General 414 S. Fourth P.O. Box 218 Union City, TN 38161-0218 Judge: Tipton First Paragraph: The defendant, Joseph T. Alley, appeals as of right from his conviction by a jury in the Weakley County Circuit Court for the sale of less than one-half gram of cocaine, a Class C felony. He received a four-year sentence in the Department of Correction as a Range I, standard offender and a fifteen thousand dollar fine. The defendant contends that (1) the evidence was insufficient to support his conviction and (2) the trial court erred in admitting hearsay into evidence. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/ALLEYJT_OPN.WP6 STATE OF TENNESSEE vs. JERRY WAYNE EDISON Court:TCCA Attorneys: For Appellant: For Appellee: Lu Ann Ballew Charles W. Burson Asst. Public Defender Attorney General & Reporter P.O. Box 416 Dandridge, TN 37725 Michael J. Fahey, II Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 James L. Gass Asst District Attorney General P.O. Box 70 Dandridge, TN 37725-0070 Judge: WADE First Paragraph: A jury found the defendant, Jerry Wayne Edison, guilty of DUI; the trial court imposed a sentence of eleven months and twenty-nine days, suspended after the service of seven days in jail, and revoked the defendant's license for one year. The sole issue on appeal is whether the trial court erred by admitting the results of the defendant's breath test into evidence at trial. REVERSED AND REMANDED FOR NEW TRIAL. URL:http://www.tba.org/tba_files/TCCA/EDISON_OPN.WP6 CHARLES HARRILL vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT FOR THE APPELLEE Mack Garner John Knox Walkup District Public Defender Attorney General and Reporter 419 High Street 450 James Robertson Parkway Maryville, Tennessee 37801 Nashville, Tennessee 37243 0493 Laura Rule Hendricks Michael J. Fahey, II 810 Henley Street Assistant Attorney General Knoxville, Tennessee 37902 450 James Robertson Parkway Nashville, Tennessee 37243 0493 Michael L. Flynn District Attorney General 363 Court Street Maryville, Tennessee 37804 5906 Kirk Andrews Asst District Attorney General 363 Court Street Maryville, Tennessee 37804 5906 Judge: Barker First Paragraph: The Appellant, Charles Harrill, appeals as of right the Blount County Circuit Court's dismissal of his post-conviction petition. He argues on appeal that his constitutional right to effective assistance of counsel was violated. AFFIRMED IN PART; DELAYED APPEAL GRANTED. URL:http://www.tba.org/tba_files/TCCA/HARRILLC_OPN.WP6 STATE OF TENNESSEE vs. DAVID KEITH LANE Court:TCCA Attorneys: For the Appellant: For the Appellee: At trial: JOHN KNOX WALKUP SCOTT KANAVOS Attorney General & Reporter 166 N. Ocoee Street Cleveland, TN 37364 TIMOTHY F. BEHAN Assistant Attorney General On motion to rehear: 450 James Robertson Parkway ROBERT W. RITCHIE Nashville, TN 37243-0493 P.O. Box 1126 Knoxville, TN 37901-1126 JERRY N. ESTES District Attorney General On appeal: 10th Judicial Circuit KENNETH F. IRVINE, JR. 606 W. Main Street, Suite 350 REBBLE JOHNSON P.O. Box 84 Asst. District Attorney General Knoxville, TN 37901-0084 10th Judicial Circuit P.O. Box 1351 Cleveland, TN 37364-1351 Judge: WITT First Paragraph: The defendant, David Keith Lane, directly appeals from the sentencing determination of the Bradley County Criminal Court. He was indicted for three counts of statutory rape (Tenn. Code Ann. S 39-13-506) and three counts of unlawful exercise of official power (Tenn. Code Ann. S 39-16 402), all being Class E felonies. The trial court accepted guilty pleas on all counts, and after a sentencing hearing, the court sentenced the appellant as a standard (Range I) offender to a two-year sentence on each of the six counts. The three sentences for statutory rape were set to run concurrently, and the three sentences for official misconduct were likewise set to run concurrently; however, the effective two-year sentence for the statutory rape charges was set to run consecutively to the official misconduct sentence. The resulting effective aggregate sentence is four years to be served in the Tennessee Department of Correction. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/LANEX_OPN.WP6
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