-
TBALink Opinion-Flash
August 22, 1997 -- Volume #3 -- Number #076
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):
- 01-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 01-New Opinons From TSC-Workers Comp Panel
- 06-New Opinons From TCA
- 08-New Opinons From TCCA
- 01-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
STATE OF TENNESSEE vs. JUBAL CARSON Court:TSC Attorneys: For Appellant: For Appellee: Christopher Van Riper John Knox Walkup Stuart & Van Riper Attorney General & Reporter Clinton, Tennessee Michael E. Moore Solicitor General Michael J. Fahey, II Assistant Attorney General Nashville, Tennessee Randall E. Nichols District Attorney General Jo Helm Leon Franks Asst District Attorney General Knoxville, Tennessee Judge: ANDERSON First Paragraph: The issue presented by this appeal is whether the defendant, who assisted his co defendants in committing an aggravated robbery, was criminally responsible under Tenn. Code Ann. S 39-11-402(2) for additional offenses committed by them. AFFIRMED. URL:http://www.tba.org/tba_files/TSC/CARSONJ_OPN.WP6
TIMMY RAY BEARD
vs.
QUADREX CORPORATION and
LIBERTY MUTUAL INSURANCE
COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellees:
Gerald L. Gulley, Jr. Richard K. Evans
P.O. Box 1708 P.O. Box 777
Knoxville, Tenn. 37901-1708 Kingston, Tenn. 37763
Judge: THAYER
First Paragraph:
Defendants, Quadrex Corporation and Liberty Mutual Insurance Company,
have appealed from the trial court's award of 50% permanent partial
disability to the body as a whole. They contend the court was in
error in fixing any disability for plaintiff's psychological injury
and that the award exceeded the statutory cap of six times the medical
impairment rating of 5%. AFFIRMED.
URL:http://www.tba.org/tba_files/TSC_WCP/BEARDTR_OPN.WP6
ADAMS TV OF MEMPHIS, INC.
vs.
COMCORP OF TENNESSEE, INC.,
and THOMAS R. GALLOWAY
Court:TCA
Attorneys:
LUCIAN T. PERA
CANNON F. ALLEN
MARY A. McNEIL
ARMSTRONG ALLEN PREWITT GENTRY JOHNSTON & HOLMES
Memphis, Tennessee
Attorneys for Appellant
HENRY L. KLEIN
APPERSON, CRUMP, DUZANE & MAXWELL, PLC
Memphis, Tennessee
Attorney for Appellee
Judge: HIGHERS
First Paragraph:
In this breach of contract action, Adams TV of Memphis, Inc.
("Plaintiff" or "Adams TV") filed suit against ComCorp of Tennessee,
Inc. ("ComCorp") and Thomas R. Galloway for breaching several
provisions of their contract (hereinafter the "Adams TV-ComCorp
contract"), which provided for the sale of WHBQ-TV (hereinafter the
"Station"). ComCorp filed a motion to dismiss asserting that even if
ComCorp had breached certain provisions of the Adams TV-ComCorp
contract, such breaches were not material breaches, and Adams TV
incurred no damage as a result. The trial court granted ComCorp's
motion to dismiss, holding that Adams TV received the entire benefit
of its bargain under the Adams TV-ComCorp contract, that ComCorp did
not materially breach any part of the Adams TV-ComCorp contract, and
that the damages sought by Adams TV were merely consequential and
thereby precluded by section 9.2(c) of the Adams TV-ComCorp contract.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/ADAMSTV_OPN.WP6
STEVE CARROLL and wife,
TAMMY CARROLL
vs.
J. R. ROACH
Court:TCA
Attorneys:
W. J. REYNOLDS, Reynolds & Reynolds Law Firm, Savannah, for
Plaintiffs/Appellants.
CHARLES M. PURCELL, Waldrop & Hall, P.A., Jackson
TERRY ABERNATHY, Law Offices of Terry Abernathy, Selmer
for Defendant/Appellee.
Judge: FARMER
First Paragraph:
Steve Carroll and wife Tammy Carroll sued J. R. Roach to recover for
damages sustained as a result of a vehicular accident between a car
driven by Mr. Carroll and a truck and trailer driven by Mr. Roach.
AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/CARROLLST_OPN.WP6
DECATUR COUNTY BANK
vs.
WELBORN B. DUCK
AND
CECIL DUCK
Court:TCA
Attorneys:
Welborn B. Duck, Pro Se
Edwin Townsend, TOWNSEND AND TOWNSEND, Parsons, Tennessee
Attorney for Plaintiff/Counter-Defendant/Appellee.
Judge: FARMER
First Paragraph:
Appellee, Decatur County Bank (Bank), filed suit against Appellant,
Welborn B. Duck (Duck), for reformation of a trust deed and default
upon four promissory notes. Bank specifically alleged that Duck was
in default on a note dated October 10, 1986 in the principal amount of
$59,518.73; a note dated June 27, 1988 in the principal amount of
$1,003.10; a note dated March 21, 1988 in the principal amount of
$25,043; and a note dated March 23, 1989 in the principal amount of
$6,000, for a total principal indebtedness of $91,564.83. AFFIRMED AND
REMANDED.
URL:http://www.tba.org/tba_files/TCA/DECATURC_OPN.WP6
JOSEPH LEIBOVICH, EXECUTOR OF
THE ESTATE OF EVELYN G. JORDAN
AND JOHN JORDAN
vs.
THE KROGER COMPANY,
TOPVALCO, INC., MID-SOUTH
AUTOMATIC DOOR AND BESAM,INC.
Court:TCA
Attorneys:
JOHN R. CANNON, JR.
THE HARDISON LAW FIRM
Memphis, Tennessee
Attorney for Appellant
SAM L. CRAIN, JR.
STEPHEN D. CRAWLEY
SCOTT J. CROSBY
Memphis, Tennessee
Attorneys for Appellee
Judge: HIGHERS
First Paragraph:
In this personal injury action, Joseph Leibovich ("Plaintiff") filed
suit as the executor of the estate of Evelyn Jordan ("Jordan") and her
husband, John Jordan, for injuries Jordan sustained as a result of
being struck by automatic doors that closed upon her. Plaintiff
alleged that the negligence of the Defendants, The Kroger Company,
Topvalco, Inc., Mid-South Automatic Door ("Mid-South"), and Besam,
Inc. ("Besam"), combined to cause Jordan's injury. REVERSED AND
REMANDED.
URL:http://www.tba.org/tba_files/TCA/LEIBOVIC_OPN.WP6
CAROL STRONG
vs.
TIMOTHY RALPH STRONG
Court:TCA
Attorneys:
CAREN DANTZKER, Memphis, Attorney for Plaintiff.
G. KEITH ROGERS, JR., Memphis, Attorney for Defendant.
Judge: TOMLIN
First Paragraph:
This case presents a procedural issue involving T.R.C.P. 37.01. Carol
Strong (hereafter "Wife") filed suit for divorce in the Circuit Court
of Shelby County against Timothy Ralph Strong (hereafter "Husband").
Subsequently, Wife served Husband with a set of eighteen
interrogatories. Husband filed an answer to the complaint as well as
responses to the interrogatories. Wife thereafter filed a Motion to
Compel Discovery pursuant to T.R.C.P. 37.01, contending that Husband's
responses to four of the interrogatories were incomplete and
insufficient. The trial court granted Wife's motion to compel and
ordered Husband to answer the four interrogatories. In addition, the
trial court ordered Husband and his counsel AEI@(eO$P.00 as
sanct'He for failure to cooperate with discovery. Husband's sole
issue on appeal is whether the trial court erred in ordering Husband
and his counsel to pay Wife the $500.00 pursuant to Rule 37 T.R.C.P..
In addition, Wife asks this court to find Husband's appeal to be
frivolous pursuant to T.C.A. 27-1-122. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/STRONGCA_OPN.WP6
SUNBURST BANK, CARLTON
BARNES, and ALMA JO BARNES
vs.
ROBERT PATTERSON, SR., SHELBY
COUNTY TRUSTEE; HAROLD
STERLING, SHELBY COUNTY
ASSESSOR OF PROPERTY; JOHN
ROBERTSON, CLERK & MASTER OF
THE CHANCERY COURT FOR THE
THIRTIETH JUDICIAL DISTRICT and
SHELBY COUNTY, TENNESSEE
Court:TCA
Attorneys:
For the Plaintiff/Appellee, For the Plaintiffs/Appellees,
Sunburst Bank: Carlton Barnes and Alma Jo Barnes:
S. Russell Headrick Richard L. Winchester
John S. Golwen Memphis, Tennessee
Memphis, Tennessee
For the Defendants/Appellants, For the Defendants/Appellants,
Robert Patterson, Jr., Shelby W. J. Wallace and Norma Wallace:
County Trustee, Harold Sterling,
Shelby County Assessor Roger A. Stone
of Property, John Robertson, Memphis, Tenn.
Clerk & Master of The Chancery
Court for the Thirtieth Judicial
District and Shelby County, Tenn.:
Lynn Cobb
Danny Presley
Memphis, Tennessee
Judge: LILLARD
First Paragraph:
In this case, the trial court set aside the tax sale of a tract of
realty because the lack of sufficient notice to the property owners
and the mortgagor violated their constitutional right to due process.
Relying on Mennonite Board of Missions v. Adams, 462 U.S. 791, 103 S.
Ct. 2706, 77 L. Ed. 2d 180 (1983), we affirm. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/SUNBURSTB_OPN.WP6
STATE OF TENNESSEE
vs.
JERRY BLAYLOCK
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
RICHARD W. DEBERRY (On Appeal) JOHN KNOX WALKUP
Assistant Public Defender Attorney General & Reporter
24th Judicial District
P.O. Box 663 ELLEN H. POLLACK
Camden, TN 38320 Assistant Attorney General
450 James Robertson Pkwy.
STEPHEN HALE (At Trial) Nashville, TN 37243-0493
Attorney At Law
P.O. Box 331 ROBERT RADFORD
Bolivar, TN 38008 District Attorney General
P.O. Box 686
Huntingdon, TN 38344-0686
JOHN OVERTON
Assistant Dist. Attorney General
Main Street
Savannah, TN 38372
Judge: WITT
First Paragraph:
The defendant, Jerry Blaylock, appeals the conviction and sentence he
received in the Circuit Court of Hardin County. The indictment
alleges as count (1) possession of cocaine with intent to manufacture,
deliver, or sell, a Class B felony, and as count (2) possession of
marijuana, a misdemeanor. The jury convicted the defendant on both
counts and determined that fines in the amount of $75,000 on count (1)
and $1,250 on count (2) were appropriate. After a sentencing hearing,
the court imposed the fines and ordered a mid-Range I sentence on
count (1) of ten years and the maximum sentence on count (2), eleven
months, twenty-nine days, to run concurrently. The trial court
declined to order any form of alternative sentencing. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BLAYLOCKJ_OPN.WP6
WAYNE DILLARD CARVER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Laura Rule Hendricks John Knox Walkup
606 W. Main Street, Suite 350 Attorney General & Reporter
P.O. Box 84
Knoxville, TN 37901-0084 Peter M. Coughlin
Assistant Attorney General
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney
Ms. Marsha Selecman
Asst District Attorney General
District Attorney General's Office
City-County Building
Knoxville, TN 37902
Judge: BYERS
First Paragraph:
The petitioner was convicted of murder during the commission of a
felony on April 9, 1987 by jury trial, and he was sentenced to life in
prison for this crime. On March 5, 1991, he filed a petition for
post-conviction relief claiming incompetence of counsel. The trial
judge denied the petition of the Appellant. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/CARVERWD_OPN.WP6
STATE OF TENNESSEE
vs.
TYRONE CLAY
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
VANEDDA PRINCE CHARLES W. BURSON
Post Office Box 26 Attorney General and Reporter
Union City, TN 38261
(ON APPEAL) GEORGIA BLYTHE FELNER
Assistant Attorney General
Criminal Justice Division
STEVE DAVIS 450 James Robertson Parkway
District Public Defender Nashville, TN 37243-0493
P. O. Box 742
Dyersburg, TN 38025-0742 C. PHILLIP BIVENS
(AT TRIAL) District Attorney General
JAMES E. LANIER
Asst. District Attorney General
P. O. DRAWER E
DYERSBURG, TN 38024
Judge: Hayes
First Paragraph:
The appellant, Tyrone Clay, presents a delayed appeal challenging the
length of sentences imposed by the Lake County Circuit Court. On the
morning of the appellant's scheduled trial, a plea agreement was
reached, whereby the appellant agreed to plead guilty to three class B
felony sales of cocaine in exchange for three concurrent sentences as
a range I offender. In this appeal, the appellant specifically
contends that the trial court failed to consider applicable mitigating
factors which resulted in an excessive sentence. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/CLAYTG_OPN.WP6
MONROE E. DAVIS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
MICHAEL E. SCHOLL CHARLES W. BURSON
212 Adams Avenue Attorney General and Reporter
Memphis, TN 38103
KENNETH W. RUCKER
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
WILLIAM GIBBONS
District Attorney General
RHEA CLIFT
Asst. District Attorney General
Criminal Justice Complex
Suite 301
201 Poplar Street
Memphis, TN 38103
Judge: Hayes
First Paragraph:
The appellant, Monroe E. Davis, appeals the Shelby County Criminal
Court's dismissal of his petition for post-conviction relief. On
October 6, 1989, the appellant pled guilty to one count of second
degree murder and one count of petit larceny. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/DAVIS-ME_OPN.WP6
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. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/EDISONJW_OPN.WP6
STATE OF TENNESSEE
vs.
GEORGE E. MARTIN, JR.
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
George Morton Googe Charles W. Burson
District Public Defender Attorney General of Tennessee
and and
Pamela J. Drewery Robin L. Harris
Assistant Public Defender Asst Attorney General of Tennessee
227 W. Baltimore Street 450 James Robertson Parkway
Jackson, TN 38301 Nashville, TN 37243-0493
Jerry Woodall
District Attorney General
and
Nick Nicola
Asst District Attorney General
P.O. Box 2825
Jackson, TN 38302
Judge: Tipton
First Paragraph:
The defendant, George E. Martin, Jr., appeals as of right from his
conviction by a jury in the Circuit Court of Madison County for
possession with the intent to sell cocaine, a Class B felony. The
trial court sentenced the defendant as a Range I, standard offender to
nine years to serve ninety days in the county jail and eight years and
nine months on community corrections. The trial court also imposed a
fine of two thousand dollars. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/MARTINGE_OPN.WP6
JIMMY LLOYD McCURRY
vs.
STATE OF TENNESSEE
Court:TCCA
First Paragraph:
This matter is before the Court upon the state's motion, pursuant to
Rule 20, Rules of the Court of Criminal Appeals, to affirm the
judgment of the trial court in this case by order rather than formal
opinion. The above-captioned case represents an appeal from the trial
court's dismissal of the petitioner's petition for writ of habeas
corpus. The record was filed on June 3, 1997, and the petitioner
filed his brief on June 18, 1997.
URL:http://www.tba.org/tba_files/TCCA/MCCURRY1_ORD.WP6
STATE OF TENNESSEE
vs.
KERWIN L. WALTON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
A. C. WHARTON JOHN KNOX WALKUP
(of counsel on appeal) Attorney General & Reporter
Shelby County Public Defender
JANIS L. TURNER
W. MARK WARD Assistant Attorney General
(on appeal) 450 James Robertson Parkway
Assistant Public Defender Nashville, Tennessee 37243 0493
147 Jefferson, Ste. 900
Memphis, Tennessee 38103 WILLIAM L. GIBBONS
District Attorney General
BETTY THOMAS
(at trial) KEVIN RARDIN
Assistant Public Defender KAREN COOK
Shelby County PD's Office Asst District Attorneys General
201 Poplar Ave. - Second Floor 201 Poplar Ave. Ste. 301
Memphis, Tennessee 38103 Memphis, Tennessee 38103 1947
Judge: RILEY
First Paragraph:
The defendant, Kerwin L. Walton, appeals as of right from the sentence
imposed by the Shelby County Criminal Court. He was convicted of
reckless homicide, a Class D felony. As a Range I, Standard Offender,
the trial court sentenced the defendant to four (4) years
incarceration, to run consecutively to a twenty-five (25) year
sentence for aggravated arson arising out of the same incident. In
challenging the sentence for reckless homicide, defendant presents two
(2) issues for review: (1) whether the trial court imposed an
excessive sentence by relying upon non-statutory enhancement factors;
and (2) whether the trial court erred by ordering his sentence to be
served consecutively. The judgment of the trial court is AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/WALTONKL_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):