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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APRIL L. DAVIDSON (COOK) vs. JEFFREY VENSON DAVIDSON Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: Pamela S. Jones Jesse H. Ford, III Dresden, Tennessee Jackson, Tennessee Judge: LILLARD First Paragraph: This is a child custody case in which custody of the children has changed several times between the father and mother. In this proceeding, the trial court found a material change of circumstances warranting a change of custody from the father to the mother. We affirm. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/DAVIDSOA_OPN.WP6 MONROE E. DAVIS, DAVID SHELTON and TRACEY CHADWICK vs. DON SUNDQUIST, Governor of the State of Tennessee, and CHARLES W. BURSON, Attorney General and Reporter for the State of Tennessee Court:TCA Attorneys: MONROE E. DAVIS, Pro Se TDOC # 130909 W.T.H.S.F. P. O. Box 1050 Henning, Tennessee 38041-1050 CHARLES W. BURSON Attorney General & Reporter JEFFREY L. HILL Assistant Attorney General Civil Rights and Claims Division 2nd Floor, Cordell Hull Building 426 5th Avenue North Nashville, Tennessee 37243-0488 ATTORNEYS FOR RESPONDENTS/APPELLEES Judge: LEWIS First Paragraph: This is an appeal by petitioners/appellants, Monroe Davis, David Shelton, and Tracey Chadwick. Petitioners are inmates in the custody of the Tennessee Department of Corrections and are appealing the judgment of the Chancery Court for Davidson County. The chancery court dismissed their petition seeking a declaratory judgment that Tennessee Code Annotated section 40-20-112 is unconstitutional because it encompasses more than one subject in contravention of article 2, section 17 of the Constitution of the State of Tennessee. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/DAVISM_OPN.WP6 NORMA JEAN FOSHEE vs. SOUTHERN FINANCE AND THRIFT CORPORATION, WALTER BRUMIT and HORACE BRUMIT Court:TCA Attorneys: STEVEN C. ROSE OF KINGSPORT FOR APPELLANTS SOUTHERN FINANCE AND THRIFT CORPORATION and WALTER BRUMIT THOMAS C. McKEE OF JOHNSON CITY FOR APPELLANT HORACE BRUMIT FRANCIS X. SANTORE, SR., and FRANCIS X. SANTORE, JR., OF GREENEVILLE FOR APPELLEE Judge: Goddard First Paragraph: The principal--and, in our view, the determinative- issue presented in this Rule 9 Interlocutory appeal is whether a plea of double jeopardy in which the underlying criminal prosecution was dismissed on the ground that the Trial Court erroneously granted a mistrial in the first criminal case is a termination favorable to the Plaintiff. REVERSED AND DISMISSED. URL:http://www.tba.org/tba_files/TCA/FOSHEEN_OPN.WP6 WILLIAM R. KEY, Clerk of the Criminal Courts of Shelby County, Tennessee vs. JULIAN T. BOLTON, Chairman of the Shelby County Board of Commissioners, and JIM ROUT, Mayor of Shelby County, Tennessee Court:TCA Attorneys: DAVID F. KUSTOFF, Memphis, Attorney for Plaintiff. ALAN G. CRONE, Assistant Shelby County Attorney, Wilder, Crone, Johnston, Mason & Goodwin, PLC, Memphis, Attorney for Defendants. Judge: TOMLIN First Paragraph: William R. Key, Clerk of the Criminal Courts of Shelby County (hereafter "Plaintiff") filed a petition in the Criminal Court of Shelby County against Mark Norris, Chairman of the Shelby County Board of Commissioners, and Jim Rout, Mayor of Shelby County (hereafter "Defendants") seeking salary increases for various employees of the Criminal Court Clerk's Office in Shelby County pursuant to T.C.A. ? 8-20-101 et seq. Following a bench trial the trial court granted all of the requested salary increases. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/KEYWILLI_OPN.WP6 PATRICIA KIREYCZYK and JOHN KIREYCZYK vs. MF ATHLETIC CLUB, L.P., THE ATHLETIC CLUB OF MARYLAND FARMS, INC., and CLUN SPORTS INTERNATIONAL-NASHVILLE, INC. Court:TCA Attorneys: DAVID F. KUSTOFF, Memphis, Attorney for Plaintiff. ALAN G. CRONE, Assistant Shelby County Attorney, Wilder, Crone, Johnston, Mason & Goodwin, PLC, Memphis, Attorney for Defendants. Judge: CAIN First Paragraph: This is a "slip and fall" case before the Court for review of the trial Court action sustaining a Motion for Summary Judgement filed by the Defendants. URL:http://www.tba.org/tba_files/TCA/KIREYCZY_OPN.WP6 The Outdoor Source, Inc. vs. Outdoor Entertainment, Inc. Court:TCA Attorneys: GREGORY D. SMITH Willis & Knight 215 Second Avenue North Nashville, Tennessee 37201 ATTORNEY FOR PLAINTIFF/APPELLANT L. WEBB CAMPBELL II Sherrard & Roe, PLC 424 Church Street, Suite 2000 Nashville, Tennessee 37219 ATTORNEY FOR DEFENDANT/APPELLEE Judge: LEWIS First Paragraph: This is an appeal by plaintiff/appellant, The Outdoor Source, Inc. ("TOSI"), from the chancery court's decision granting the motion for summary judgment filed by defendant/appellee, Outdoor Entertainment, Inc. ("OEI"), and overruling TOSI's motion for summary judgment. URL:http://www.tba.org/tba_files/TCA/OUTDOOR_OPN.WP6 ROBERT ELLIS ROULETTE vs. HEATHER MARIE HICKS ROULETTE Court:TCA Attorneys: For Appellant For Appellee SANDRA G. OLIVE JERRY G. CUNNINGHAM Olive & Olive Kizer & Black Knoxville, Tennessee Maryville, Tennessee Judge: Susano First Paragraph: In this post-divorce proceeding, the trial court, following a bench trial, granted the petition of Robert Ellis Roulette (Father) seeking sole custody of the parties' child, Cody Dyllan Roulette, age three. In so doing, the court modified the parties' judgment of divorce, which, pursuant to the parties' marital dissolution agreement, had decreed joint custody and designated Heather Marie Hicks Williams (formerly Roulette) (Mother) as the residential custodian. Mother appealed, arguing that the evidence preponderates against the trial court's determination that there was a material and substantial change in the circumstances of the parties and their child justifying a change of custody. We affirm. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/ROULETRE_OPN.WP6 ALAN TATE vs. STATE OF TENNESSEE BOARD OF PAROLES, and KEVIN MYERS Court:TCA First Paragraph: This is an appeal from the dismissal of a prisoner's common-law writ of certiorari challenging the decision of the Tennessee Board of Paroles to deny his application for parole. After reviewing the parties' briefs and the entire record, we have determined that the October 17, 1996 Order of the Fifth Circuit Court for Davidson County should be affirmed in accordance with Tenn. Ct. App. R. 10(a). URL:http://www.tba.org/tba_files/TCA/TATE_ORD.WP6 WILLIAM TOWNE YOUNG vs. MARTHA McCOOL YOUNG Court:TCA Attorneys: J. RUSSELL HELDMAN Franklin, Tennessee Attorney for Appellant THOMAS C. BINKLEY JEFFREY ZAGER TRABUE, STURDIVANT & DeWITT Nashville, Tennessee Attorneys for Appellee Judge: HIGHERS First Paragraph: In this divorce action, Martha McCool Young ("Wife") was awarded a divorce from William Towne Young ("Husband") on the grounds of adultery. Pursuant to a consent decree of divorce, custody of the parties' minor child was awarded to Wife. Wife agreed to obtain medical insurance coverage for the child through her employer, and the parties agreed to divide equally the medical expenses of the child which were not covered by insurance. Wife was awarded an IRA account valued at $29,000 which was titled in Husband's name. In exchange for Wife's receipt of the IRA account, Husband was forgiven any child and spousal support arrearage existing through June 30, 1995, and Wife relinquished any claim she might have against Husband for dissipation of the marital assets on any person other than Wife. AFFIRMED AS MODIFIED. URL:http://www.tba.org/tba_files/TCA/YOUNGYO_OPN.WP6 STATE OF TENNESSEE vs. HOYT EDWARD CARROLL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREG W. EICHELMAN JOHN KNOX WALKUP District Public Defender Attorney General and Reporter R. RUSSELL MATTOCKS CLINTON J. MORGAN Assistant District Public Defender Assistant Attorney General 1609 College Park Drive, Box 11 450 James Robertson Parkway Morristown, TN 37813-1618 Nashville, TN 37243-0493 C. BERKELEY BELL, JR. District Attorney General G. DOUGLAS GODBEE Asst District Attorney General Hawkins County Courthouse Rogersville, TN 37857 MICHELLE GREEN Asst District Attorney General Greene County Courthouse Greeneville, TN 37743 Judge: RILEY First Paragraph: The defendant, Hoyt Edward Carroll, was indicted on one (1) count of the manufacture of more than one-half () ounce but less than ten (10) pounds of marijuana, one (1) count of possession of drug paraphernalia, and one (1) count of evading arrest. A Hawkins County jury convicted him of the manufacture of marijuana and possession of drug paraphernalia. The trial court sentenced him to two (2) years in the Tennessee Department of Correction for the manufacture of marijuana, and eleven (11) months and 29 days in the county jail for the possession of drug paraphernalia. The sentences were ordered to run concurrently. On appeal, he contends that the evidence was insufficient to sustain his convictions, his sentences are excessive, and the trial court erred in denying alternative sentencing. We AFFIRM his convictions, but MODIFY his misdemeanor sentence. AFFIRMED AS MODIFIED. URL:http://www.tba.org/tba_files/TCCA/CARROLHE_OPN.WP6 STATE OF TENNESSEE vs. DAVID DAVENPORT Court:TCCA Attorneys: For Appellant: For Appellee: Gregory D. Smith, Attorney John Knox Walkup One Public Square, Ste. 321 Attorney General & Reporter Clarksville, TN 37040 (on appeal) Kenneth W. Rucker Assistant Attorney General Jeff Mueller 450 James Robertson Parkway Assistant Public Defender Nashville, TN 37243-0493 227 West Baltimore Jackson, TN 38301 James W. Thompson (at trial & co-counsel on appeal) Asst. District Attorney General Lowell Thomas State Office Bldg Jackson, TN 38301 Judge: WADE First Paragraph: The defendant, David Davenport, was convicted of automobile burglary and theft of property valued over $10,000. See Tenn. Code Ann. SS 39 14-402(a)(4) (Class E felony), 39-14-101 and -105(4) (Class C felony). The trial court merged the convictions into a single count of theft over $10,000 and imposed a Range I sentence of three years. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCCA/DAVENPOD_OPN.WP6 STATE OF TENNESSEE vs. YTOCKIE FULLER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GEORGE MORTON GOOGE JOHN KNOX WALKUP District Public Defender Attorney General & Reporter JEFF MUELLER WILLIAM DAVID BRIDGERS Assistant Public Defender Assistant Attorney General 227 West Baltimore Street 425 Fifth Avenue North Jackson, TN 38301-6137 2nd Floor, Cordell Hull Building Nashville, TN 37243 JAMES G. WOODALL District Attorney General JAMES W. THOMPSON Asst District Attorney General Lowell Thomas State Office Building 225 Martin Luther King Drive P.O. Box 2825 Jackson, TN 38302 Judge: WOODALL First Paragraph: The Defendant, Ytockie Fuller, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. Following a jury trial in the Circuit Court of Madison County, Defendant was found guilty of especially aggravated robbery, conspiracy to commit especially aggravated robbery and possession of a deadly weapon with the intent to employ in the commission of an especially aggravated robbery. Subsequently, the trial judge merged the deadly weapon conviction with the especially aggravated robbery conviction and dismissed the conspiracy charge. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/FULLERY_OPN.WP6 STATE OF TENNESSEE vs. STEVEN J. HAYNES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MACK GARNER JOHN KNOX WALKUP District Public Defender Attorney General & Reporter 419 High St. Maryville, TN 37804 MARVIN E. CLEMENTS, JR. Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 MIKE FLYNN District Attorney General PHILLIP MORTON Asst. District Attorney General Blount County Courthouse Maryville, TN 37804 Judge: PEAY First Paragraph: The defendant was declared a Motor Vehicle Habitual Offender in September 1993. During a five month period from August 1995 to January 1996, the defendant was charged with violating the Motor Vehicle Habitual Offenders Act along with various other traffic related offenses. On February 14, 1996, he pled guilty to all charges. After a hearing, he received an effective sentence of six years. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/HAYNESSJ_OPN.WP6 JIMMY WAYNE WILSON vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Jimmy Wayne Wilson, Pro Se Charles W. Burson P. O. Box 5000 Attorney General and Reporter Mountain City, TN 37683 Elizabeth T. Ryan Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 H. Greeley Wells, Jr. District Attorney General Joseph Eugene Perrin Asst. District Attorney General P.O. Box 526 Blountville, TN 37617-0526 Judge: DENDER First Paragraph: This is an appeal as of right from the order of the Sullivan County Criminal Court, dated February 20, 1996, dismissing appellant's petition for a writ of habeas corpus, without appointing counsel and without a hearing. We find no merit in any of the issues raised on appeal, and the trial court is affirmed. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/WILSON_OPN.WP6
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