-
TBALink Opinion-Flash
August 18, 1997 -- Volume #3 -- Number #074
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
- 09-New Opinons From TCA
- 05-New Opinons From TCCA
- 00-New Opinons From TSC
There are three ways to get the full opinion from the Web: (TBALink members only)
- Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text
version of the opinion.
- *NEW* Browse the Opinion List area of TBALink. This option will allow you
to download the original WP 6.0 document.
version of the opinion.
- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
George Dean
TBALink Chief Editor
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
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank
© Copyright 1998 Tennessee Bar Association - This Issue (IN THIS ORDER):