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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MATTIE BEDFORD vs. MARGARET CULPEPPER, Commissioner of the Tennessee Department of Employment Security, and METHODIST HOSPITAL Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: Florence M. Johnson Margaret C. Culpepper, Memphis, Tennessee Commissioner of The Tennessee Department of Employment Security: Charles W. Burson Robert W. Stack Jennifer H. Small Nashville, Tennessee Judge: LILLARD First Paragraph: This is an unemployment benefits case. The Tennessee Department of Employment Security ("TDES") denied the application of Appellant Mattie D. Bedford ("Bedford") for unemployment benefits on the basis of several instances of employee misconduct and ordered the repayment of previously paid benefits totaling $1,100. After administrative appeals, the Chancery Court affirmed the denial of benefits and the repayment order. We affirm the decision of the Chancery Court. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/BEDFORD_OPN.WP6 BOBBIE J. BYRD and WILLIE BYRD, vs. FIRST TENNESSEE BANK Court:TCA Attorneys: Jeffrey Jones of Memphis For Appelles William M. Jeter and Richard Sorin; Glassman, Jeter, Edwards & Wade, P.C., of Memphis For Appellant Judge: CRAWFORD First Paragraph: This is a premises liability action brought by plaintiffs, Bobbie J. Byrd and husband, Willie Byrd, against defendant, First Tennessee Bank, for Mrs. Byrd's injuries sustained on June 12, 1991. Mrs. Byrd, seeking information concerning the bank's certificates of deposit, was directed to take a seat in the waiting area of the Raleigh Branch of the First Tennessee Bank. When she sat down in the area, the chair collapsed, and Mrs. Byrd fell to the floor sustaining injuries. The Byrds filed suit against First Tennessee in circuit court on December 11, 1991 and alleged that First Tennessee failed to properly maintain and inspect the chair, failed to warn Mrs. Byrd of a defective chair, and failed to provide a safe chair for Mrs. Byrd. The Byrds aver that the alleged acts of negligence were the direct and proximate cause of Mrs. Byrd's injuries. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/BYRD_OPN.WP6 ALBERT MILAM, JR., A Minor, by Mother and Next Friend TINA L. MILAM, and TINA L. MILAM, Individually vs. FRANKLIN D. WILSON Court:TCA Attorneys: Tina L. Milam of Memphis For Appellant Ed M. Hurley of Memphis For Appellee Judge: CRAWFORD First Paragraph: This appeal involves an action to recover damages for personal injuries allegedly sustained in an automobile accident. The plaintiffs, Albert Milam Jr., a minor, by his mother and next friend Tina L. Milam, and Tina L. Milam, individually (the Milams), appeal from the judgment of the trial court on a jury verdict for the defendant, Franklin D. Wilson (Wilson). AFFIRMED. URL:http://www.tba.org/tba_files/TCA/MILAM_OPN.WP6 IN RE: NICKOLAS E. PRICE, WILLIAM J. HARRIS vs. CHRISTIAN CAROL PRICE Court:TCA Attorneys: David E. Caywood, Amy R. Fulton; Causey, Caywood, Taylor, McManus & Bailey of Memphis For Appellant Judge: CRAWFORD First Paragraph: This is a child custody case. The petitioner, William J. Harris (Father), appeals from the order of the trial court awarding the parties joint custody of their minor child, with physical custody to Christian Carol Price (Mother). VACATED, RENDERED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/PRICEN_OPN.WP6 IRENE S. SCOTT, individually, and as surviving spouse of FLOYD E. SCOTT, deceased vs. JONES BROTHERS CONSTRUCTION, INC. and ROGER D. HOLLAND and JOSE ARELLANES Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: John D. Richardson Robert L. J. Spence, Jr. Memphis, Tennessee Peter J. Dauster Memphis, Tennessee Judge: LILLARD First Paragraph: This case involves claims of negligence and wrongful death arising out of an accident at a highway construction site. The jury found the defendant construction company 70% negligent and the decedent 30% negligent. The defendant appeals to this Court. We affirm. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/SCOTTI_OPN.WP6 JOHN J. WOLFE vs. FIRST AMERICAN CORPORATION, d/b/a JACKSON, TENNESSEE Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: Carl I. Jacobson William C. Bell, Jr. Memphis, Tennessee Jackson, Tennessee Judge: LILLARD First Paragraph: In this case, the plaintiff asserted that the defendant trust company distributed trust funds in violation of the conditions set forth in the trust instrument. The trial court found no trust violation, and we affirm. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/WOLFE_OPN.WP6 JESSIE LEE BISHOP vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Jessie Lee Bishop, Pro Se Charles W. Burson No. 90028-201 Attorney General & Reporter F.C.I. Memphis P.O. Box 34550 Sarah M. Branch Memphis, TN 38184-0550 Counsel for the State 450 James Robertson Parkway Nashville, TN 37243 William L. Gibbons District Attorney General James J. Challen III Asst District Attorney General Suite 301, 201 Poplar Avenue Memphis, TN 38103 Judge: SUMMERS First Paragraph: The appellant, Jessie Lee Bishop, has been convicted of various offenses between 1970 and 1988. In 1996 he filed a petition for post conviction relief attacking these convictions. The trial court dismissed the petition on the ground that it was barred by the statute of limitations. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/BISHOPJL_OPN.WP6 STATE OF TENNESSEE vs. TIMOTHY SCOTT PORTER Court:TCCA Attorneys: For the Appellant: For the Appellee: Guy T. Wilkinson Charles W. Burson Public Defender Attorney General of Tennessee and and Richard DeBerry M. Allison Thompson Assistant Public Defender Asst Atty General of Tennessee P.O. Box 663 450 James Robertson Parkway Camden, TN 38320 Nashville, TN 37243-0493 G. Robert Radford District Attorney General P.O. Box 686 Huntingdon, TN 38344-0686 and John Overton Asst District Attorney General Main Street, P.O. Box 484 Savannah, TN 38372 Judge: Tipton First Paragraph: The defendant, Timothy Scott Porter, appeals as of right from a jury conviction in the Circuit Court of Hardin County for burglary, a Class D felony. The defendant was sentenced as a Range I, standard offender to four years in the custody of the Department of Correction to be served consecutively to an earlier sentence for a felony theft conviction. In this appeal, he contends that the evidence is insufficient to support his conviction and that the trial court was not correct in its use of enhancement factors in setting the length of his sentence. We disagree and affirm the trial court's judgment of conviction. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/PORTER-T_OPN.WP6 JOHNNY SMITH, JR. vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Johnny Smith, Jr., Pro Se Charles W. Burson Reg. No. 12232-076 Attorney General & Reporter F.C.I. Memphis P.O. Box 34550 (Beale-B) Janis L. Turner Memphis, TN 38184-0550 Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493 William L. Gibbons District Attorney General Daniel R. Moody Asst District Attorney General Criminal Justice Complex, # 301 201 Poplar Avenue Memphis, TN 38103 Judge: SUMMERS First Paragraph: In 1987 the appellant, Johnny Smith, Jr., pled guilty to the unlawful possession of marijuana with intent to sell and convicted felon carrying a firearm. In 1996 he filed a petition for post-conviction relief, approximately nine years after his convictions became final. The trial court dismissed the petition on the ground that it was barred by the statute of limitations. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/SMITHJOH_OPN.WP6 STATE OF TENNESSEE vs. WILLIAM HERBERT STITTS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GEORGE MORTON GOOGE JOHN KNOX WALKUP Public Defender Attorney General & Reporter DANIEL J. TAYLOR ELLEN H. POLLACK Assistant Public Defender Assistant Attorney General 227 West Baltimore 450 James Robertson Parkway Jackson, Tennessee 38301 Nashville, Tennessee 37243 0493 JAMES G. WOODALL District Attorney General DONALD H. ALLEN Asst District Attorney General P.O. Box 2825 Jackson, Tennessee 38302 Judge: RILEY First Paragraph: The defendant, William H. Stitts, appeals as of right a jury conviction of vandalism of property under $500. He was sentenced to eleven (11) months and twenty-nine (29) days in the local jail. The sole issue for review is whether the evidence is sufficient to sustain the conviction. We affirm the judgment of the trial court pursuant to Rule 20 of this Court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/STITTSWH_OPN.WP6 STATE OF TENNESSEE vs. TIMOTHY LEE STUBBLEFIELD Court:TCCA Attorneys: For the Appellant: For the Appellee: Donald E. Parish Charles W. Burson 124 East Paris Street Attorney General of Tennessee P.O. Box 229 and Huntingdon, TN 38344 Robin L. Harris Asst Attorney General of Tennessee 450 James Robertson Parkway Nashville, TN 37243-0493 Robert Radford District Attorney General P.O. Box 686 Huntingdon, TN 38344 Judge: Tipton First Paragraph: The defendant, Timothy Lee Stubblefield, appeals as of right from an order of the Henry County Circuit Court revoking his split confinement probation. He contends that the trial court had no authority to revoke his probation based on offenses he committed before he was convicted and sentenced to split confinement. We affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/STUBBLEF_OPN.WP6
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