TBALink Opinion-Flash

June 19, 1997 -- Volume #3 -- Number #63

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

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George Dean
TBALink Chief Editor


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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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