TBALink Opinion-Flash

September 8, 1997 -- Volume #3 -- Number #083

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
04-New Opinons From TCA
05-New Opinons From TCCA

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George Dean
TBALink Chief Editor


DOROTHY R. W. BARHAM
vs.
DIANE W. COOPER

Court:TCA

Attorneys:

Clyde W. Keenan; Keenan, Fox & Dabbous of Memphis
    For Appellant

Charles E. Hodum and Mitzie C. Johnson of Collierville
    For Appellee
                          
Judge: CRAWFORD

First Paragraph:

This case involves a complaint for an accounting and injunctive
relief.  Plaintiff, Dorothy R. W. Barham, appeals the order of the
trial court affirming the report of the Special Master in favor of
defendant, Diane W. Cooper. AFFIRMED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/BARHAMD_OPN.WP6
Opinion-Flash

WILLIAM J. CHASE, JR., As Administrator
C.T.A. of the Estate of BETTY LOU 
STIDHAM, Deceased
vs.
THE CITY OF MEMPHIS

Court:TCA

Attorneys: 

John J. Heflin III, Bourland, Heflin,
Alvarez, Holley & Minor, PLC, of Memphis
    For Plaintiff-Appellee

Monice Moore Hagler, City Attorney
Robert M. Fargarson, Assistant City Attorney
Martin W. Zummach
    For Defendant-Appellant                         

Judge: CRAWFORD

First Paragraph:

This appeal involves a suit for wrongful death based on negligence
under the Tennessee Governmental Tort Liability Act, T.C.A.  S
29-20-101 et seq. (1980) and for wrongful death based on the creation
of a special relationship and a nuisance.  Defendant, the City of
Memphis, appeals from the trial court's judgment in favor of
plaintiff, William J. Chase, as Administrator C.T.A. of the Estate of
Betty Lou Stidham.  The trial court, sitting without a jury, found
that plaintiff's damages totaled $1,897,713.03, and that the City's
negligence caused 40 percent of those damages.  However, because of
the application of the Tennessee Governmental Tort Liability Act
(hereinafter the Act), the court limited plaintiff's recovery to
$130,000.00, and entered a judgment in that amount. AFFIRMED.

URL:http://www.tba.org/tba_files/TCA/CHASEWM_OPN.WP6
Opinion-Flash

ALTON F. DIXON
vs.
NIKE, INC.

Court:TCA

Attorneys:

Alton F. Dixon, 
    Pro Se
    
Herbert E. Gerson, Michelle S. Harkavy;
    McKnight Hudson Lewis Ford & Harrison of Memphis                          

Judge: CRAWFORD

First Paragraph:

Plaintiff, Alton F. Dixon, appeals the order of the trial court
granting summary judgment to defendant, Nike, Inc.  Nike is a
manufacturer of sporting goods, footwear, and apparel, and Dixon was
an at-will employee of Nike.  Nike encourages its employees to
actively participate in improving their work environment and in
implementing ideas for new products on the market through a program
called "I Got It."  AFFIRMED.

URL:http://www.tba.org/tba_files/TCA/DIXONAL_OPN.WP6
Opinion-Flash

MARY ANN UMSTOT
vs.
EDWARD SHIRER UMSTOT

with DISSENTING IN PART; CONCURRING IN PART OPINION

Court:TCA

Attorneys:  

Daniel Loyd Taylor and James H. Taylor, III of Memphis
    For Appellee

Hal Gerber and Karen R. Cicala of Memphis
    For Appellant                        

Judge: CRAWFORD

First Paragraph:

This is a divorce case.  Edward Shirer Umstot (Husband) appeals the
order of the trial court awarding a divorce, alimony in solido, and
child support to Mary Ann Umstot (Wife). REVERSED IN PART, AFFIRMED AS
MODIFIED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/UMSTOTMA_OPN.WP6
URL:http://www.tba.org/tba_files/TCA/UMSTOTMA_DIS.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
MICHAEL DRINNON

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

George W. Eichelman                 Charles W. Burson
District Public Defender            Attorney General & Reporter 

D. Clifton Barnes                   Peter M. Coughlan
Assistant Public Defender           Assistant Attorney General
1609 College Park Drive             Criminal Justice Division
P.O. Box 11                         450 James Robertson Parkway
Morristown, TN 37813-1618           Nashville, TN 37243-0493

                                    C. Berkeley Bell, Jr.
                                    District Attorney General
    
                                    John F. Dugger, Jr.
                                    Victor J. Vaughn
                                    Asst District Attorneys General
                                    Hamblen County Justice Center
                                    510 Allison Street
                                    Morristown, TN 37814                          

Judge: SUMMERS

First Paragraph:

The appellant, Michael Drinnon, was convicted by a jury of driving
under the influence (DUI) and driving on a revoked license.  Both
convictions were for second offenses for each individual crime.  He
received 11 months and 29 days, with a 50% release eligibility date
for the DUI conviction and 11 months and 29 days for driving on a
revoked license.  He appeals challenging the sufficiency of the
convicting evidence and his sentence.  Upon review, we affirm.

URL:http://www.tba.org/tba_files/TCCA/DRINNONM_OPN.WP6
Opinion-Flash

GEORGE F. JONES, JR.
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

DAVID B. HILL                       JOHN KNOX WALKUP
301 E. Broadway                     Attorney General & Reporter
Newport, TN 37821               
                                    MICHAEL J. FAHEY, II
                                    Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493    

                                    ALFRED C. SCHMUTZER
                                    District Attorney General
                                    125 Court Ave. Rm. 301-E
                                    Sevierville, TN 37864-4245

                                    Richard R. Vance
                                    Asst District Attorney General
                                    339-A E. Main St.
                                    Newport, TN 37821                         

Judge: WITT

First Paragraph:

The petitioner, George F. Jones, Jr., appeals pursuant to Rule 3,
Tennessee Rules of Appellate Procedure, from the Grainger County
Circuit Court's denial of post-conviction relief.  The petitioner was
convicted in 1991 of four counts of aggravated rape and received an
effective twenty-year sentence.  His conviction was affirmed on direct
appeal to this court. State v. Jackie Ray Coffman and George Jones,
No.  03C01-9203-CR-65 (Tenn. Crim. App., Knoxville, Jan. 7, 1993). 
Jones filed a petition for post-conviction relief on Jan. 21, 1994,
alleging various violations of his constitutional rights.  The trial
court appointed counsel and held a hearing on October 23, 1994.  At
the hearing, the petitioner relied solely on his claim that he had
been denied effective assistance of counsel.  The trial court denied
the petition at the close of the hearing, finding that defense counsel
had not been ineffective. We affirm the judgment of the trial court.

URL:http://www.tba.org/tba_files/TCCA/JONESGEF_OPN.WP6
Opinion-Flash

DAVID G. MYERS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For Appellant:

David G. Myers, Pro Se
228811 NECC 
P.O. Box 5000
Mountain City, TN  37683

For Appellee:

Charles W. Burson
Attorney General & Reporter

Marvin E. Clements, Jr.
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN  37243-0493

Victor Vaughn
Assistant District Attorney General
510 Allison Street
Morristown, TN  37814                          

Judge: WITT

First Paragraph:

The petitioner, David G. Myers, filed a petition for post conviction
relief on October 25, 1996.  The trial court dismissed the petition as
being barred by the statute of limitations without appointing counsel
or holding an evidentiary hearing.  The petitioner now appeals as of
right the dismissal of his petition.  We affirm.

URL:http://www.tba.org/tba_files/TCCA/MYERSDG_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
STEVEN L. RAUHUFF

Court:TCCA

Attorneys: 

For Appellant:                      For Appellee:
Mack Garner                         Charles W. Burson
District Public Defender            Attorney General & Reporter
419 High Street
Maryville, TN  37801                Peter M. Coughlan
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493           
                                    Philip Morton
                                    Asst District Attorney General
                                    363 Court Street
                                    Maryville, TN  37804                         

Judge: WITT

First Paragraph:

The defendant,  Steve Rauhuff, appeals as of right the judgment of the
Blount County Circuit Court revoking his probation.  Declared a
habitual motor vehicle offender, the defendant was convicted of
violations of the order in 1992 and 1993 and served a portion of both
sentences in custody.  In 1994, the defendant was again convicted of
violating the order and sentenced to full probation.  He filed this
appeal.  While released on probation in this case, the defendant was
charged with a fourth violation of the habitual motor vehicle offender
order and with resisting arrest.  Thereafter, the trial court revoked
probation. AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/RAUHUFFS_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
GARY W. TOMLIN

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

THOMAS T. OVERTON                   JOHN KNOX WALKUP 
213 Third Avenue, North             Attorney General & Reporter
Nashville, TN  37201
                                    DARYL J. BRAND
                                    Assistant Attorney General
                                    425 Fifth Avenue North 
                                    2nd Floor, Cordell Hull Building
                                    Nashville, TN  37243

                                    LAWRENCE RAY WHITLEY
                                    District Attorney General

                                    C. WAYNE HYATT 
                                    Asst District Attorney General
                                    113 West Main Street
                                    Gallatin, TN  37066 

Judge: WOODALL

First Paragraph:

The Appellant, Gary W. Tomlin, Jr. , appeals the revocation of his
probation by the trial court in Sumner County.  At the revocation
hearing, the State presented evidence of the Appellant's failure to
comply with the conditions of his probation.  The Appellant testified
and gave explanations for his failure to comply with the  probation
conditions.  After hearing all the evidence, the trial court made
specific findings of fact set forth in court orders, that Appellant
had violated the conditions of his probation.

URL:http://www.tba.org/tba_files/TCCA/TOMLINGW_OPN.WP6

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