TBALink Opinion-Flash

June 24, 1997 -- Volume #3 -- Number #064

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
05-New Opinons From TCCA

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George Dean
TBALink Chief Editor


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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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