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TBALink Opinion-Flash
October 17, 1997 -- Volume #3 -- Number #103
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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PATRICIA J. GUNBY and JANICE HAMIL vs. THE EQUITABLE LIFE ASSURANCE SOCIETY OF THE UNITED STATES, DAVID BRYAN, and BOB DUNHAM Court:TCA Attorneys: STEPHEN H. BILLER MAURICE WEXLER BAKER, DONELSON, BEARMAN & CALDWELL, P.C. Memphis, Tennessee Attorneys for Appellants TIM EDWARDS JAMES F. HORNER GLASSMAN, JETER, EDWARDS & WADE Memphis, Tennessee Attorneys for Appellees Judge:HIGHERS First Paragraph: In these sexual discrimination/sexual harassment cases, consolidated on appeal, Plaintiffs, Patricia Gunby ("Gunby") and Janice Hamil ("Hamil"), filed suit against Defendants, The Equitable Life Assurance Society of the United States ("The Equitable"), David Bryan ("Bryan") and Bob Dunham ("Dunham"), seeking damages for Defendants' alleged acts of sexual discrimination and sexual harassment. The Defendants filed a motion to compel arbitration and to stay the action pending arbitration or, in the alternative, to dismiss. The trial court denied Defendants' motions. Defendants appeal the judgment of the trial court arguing that the trial court erred in denying Defendants' motion to compel Plaintiffs to submit their claims for sexual harassment and sexual discrimination to arbitration. For the reasons stated hereafter, we reverse the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/gunbypj_opn.WP6
JESSIE W. JONES and wife,
MELISSA A. JONES
vs.
TIPTON COUNTY, TENNESSEE
Court:TCA
Attorneys:
W. Timothy Hayes, Jr.; The Hardison Law Firm of Memphis,
for Appellee
Raleigh E. Sanford, Jr. of Rosemark
For Appellants
Judge:CRAWFORD
First Paragraph:
This case involves a suit filed pursuant to the Tennessee Governmental
Tort Liability Act (TGTLA). Plaintiffs Jessie and Melissa Jones
appeal the order of the trial court granting summary judgment to
defendant Tipton County, Tennessee.
URL:http://www.tba.org/tba_files/TCA/jonesjes_opn.WP6
URL:http://www.tba.org/tba_files/TCA/jonesjes_dis.WP6
WALTER L. WALSH, JR. and
PREMIER PROPERTIES
PARTNERSHIP, a Tennessee General
Partnership
BA, INC. f/k/a MEDICAL DEVICES,
INC., a Tennessee Corporation, ALAN
C. FITZPATRICK and BEVERLY R.
FITZPATRICK
Court:TCA
Attorneys:
Timothy A. Ryan, III, Memphis, Tennessee
Attorney for Defendants/Appellants.
Robert E. Orians, MARTIN, TATE, MORROW & MARSTON, P.C., Memphis, Tn
Attorney for Plaintiffs/Appellees.
Judge:FARMER
First Paragraph:
Defendants Alan C. Fitzpatrick and Beverly R. Fitzpatrick appeal the
trial court's order which granted the motion for summary judgment
filed by Plaintiffs/Appellees Walter L. Walsh, Jr., and Premier
Properties Partnership and which awarded the Partnership a judgment of
$38,500 on its claim for breach of fiduciary duty against the
Fitzpatricks. We reverse the trial court's judgment based on our
conclusion that a genuine issue of material fact exists as to whether
the Fitzpatricks breached their fiduciary duty to the Partnership when
they amended a Partnership lease without the consent of all the
partners.
URL:http://www.tba.org/tba_files/TCA/walshwl_opn.WP6
BUD CASH, JR.
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Douglas A. Trant John Knox Walkup
900 S. Gay Street Attorney General and Reporter
Suite 1502
Knoxville, TN 37902 Sandy R. Copous
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Jerry N. Estes
District Attorney General
G. Scott Kanavos
Assistant District Attorney
93 N. Ocoee Street
Cleveland, TN 37364
Judge: Barker
First Paragraph:
The appellant, Bud Cash, Jr., appeals as of right the dismissal by the
Bradley County Criminal Court of his petition for post-conviction
relief.
URL:http://www.tba.org/tba_files/TCCA/cashb_opn.WP6
STATE OF TENNESSEE
vs.
CLIFTON EDWARD ELLISON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN H. HENDERSON JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
407 C Main St.
P.O. Box 68 GEORGIA BLYTHE FELNER
Franklin, TN 37065-0068 Counsel for the State
450 James Robertson Pkwy.
Nashville, TN 37243-0493
JOSEPH D. BAUGH
District Attorney General
DEREK SMITH
Asst. District Attorney General
P.O. Box 937
Franklin, TN 37065-0937
Judge:PEAY
First Paragraph:
The defendant was indicted for joyriding, theft and two counts of
aggravated assault by use of a deadly weapon. The State nolled the
theft charge and one count of aggravated assault. A jury convicted
the defendant of joyriding and the remaining count of aggravated
assault, Class C. After a hearing, he was sentenced as a Range I
standard offender on the felony charge to four years incarceration,
suspended, with five years probation. He was sentenced on the
joyriding charge to eleven months, twenty-nine days in jail,
suspended, with eleven months, twenty-nine days probation, concurrent
to the aggravated assault sentence. As a condition of each of his
periods of probation, he was ordered to serve one hundred days, day
for day, in the county jail. In this direct appeal, the defendant
challenges the sufficiency of the evidence on the assault conviction
and complains about his sentences. Upon our review of the record, we
affirm the judgment below.
URL:http://www.tba.org/tba_files/TCCA/ellisonc_opn.WP6
STATE OF TENNESSEE
vs.
JIMMY D. JOHNSON
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Raymond Mack Garner Charles W. Burson
District Public Defender Attorney General of Tennessee
and and
Natalee Staats Hurley Robin L. Harris
Assistant Public Defender Assistant Attorney General of Tennessee
318 Court Street 450 James Robertson Parkway
Maryville, TN 37804-4912 Nashville, TN 37243-0493
Michael L. Flynn
District Attorney General
and
Kirk Andrews
Assistant District Attorney General
363 Court Street
Maryville, TN 37804-5906
Judge:Tipton
First Paragraph:
The defendant, Jimmy D. Johnson, appeals as of right from the sentence
he received in the Blount County Circuit Court for the offense of
incest, a Class C felony. The trial court sentenced the defendant as
a Range I, standard offender to five years, requiring him to serve one
year in the county jail and four years in the Community Corrections
Sex Offenders' Program.
URL:http://www.tba.org/tba_files/TCCA/johnsonj_opn.WP6
STATE OF TENNESSEE
vs.
RANDY A. McDONALD
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
John H. Henderson Charles W. Burson
District Public Defender Attorney General of Tennessee
407 Main Street and
Franklin, TN 37065-0068 Clinton J. Morgan
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
Joseph D. Baugh, Jr
District Attorney General
and
Emily Walker
Assistant District Attorney General
Williamson County Courthouse
P.O. Box 937
Franklin, TN 37065-0937
Judge:Tipton
First Paragraph:
The defendant, Randy A. McDonald, was convicted in the Circuit Court
of Williamson County for driving under the influence of an intoxicant
(D.U.I.), fourth offense, driving on a revoked license (D.O.R.L.),
second offense, and evading arrest, Class A misdemeanors, and reckless
driving and resisting arrest, Class B misdemeanors. For the D.U.I.
conviction, he was fined one thousand dollars and sentenced to eleven
months and twenty-nine days in the county jail with all but nine
months at seventy-five percent suspended. The trial court fined the
defendant five hundred dollars and sentenced the defendant to eleven
months and twenty-nine days in the county jail to be suspended for the
evading arrest and D.O.R.L. convictions, respectively. For the
reckless driving and resisting arrest, the court imposed fines of five
hundred dollars and sentences of six months each to be suspended. The
trial court ordered the defendant to serve his sentences for D.O.R.L.,
evading arrest, reckless driving and resisting arrest concurrent with
each other but consecutive to the D.U.I.
URL:http://www.tba.org/tba_files/TCCA/mcdonalr_opn.WP6
STATE OF TENNESSEE
vs.
TONEY L. MOORE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN H. HENDERSON JOHN KNOX WALKUP
District Public Defender Attorney General and Reporter
LARRY D. DROLSUM GEORGIA BLYTHE FELNER
Asst District Public Defender Assistant Attorney General
407 C Main Street 450 James Robertson Parkway
P.O. Box 68 Nashville, TN 37243-0493
Franklin, TN 37065-0068
JOSEPH D. BAUGH, JR.
District Attorney General
JEFF BURKS
Asst District Attorney General
Williamson County Courthouse
Suite G-6
P.O. Box 937
Franklin, TN 37065-0937
Judge:RILEY
First Paragraph:
The defendant, Toney L. Moore, was convicted by a Williamson County
jury of driving after having been declared a Motor Vehicle Habitual
Offender pursuant to Tenn. Code Ann. S 55-10-616. He was sentenced to
four (4) years in the Tennessee Department of Correction. On appeal,
he challenges the sufficiency of the convicting evidence and argues
that the trial court erred in denying alternative sentencing. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/mooretl_opn.WP6
STATE OF TENNESSEE
vs.
TONEY MOORE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN H. HENDERSON JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
LARRY D. DROLSUM GEORGIA BLYTHE FELNER
Assistant Public Defender Assistant Attorney General
407-C Main St. 450 James Robertson Parkway
P.O. Box 68 Nashville, Tennessee 37243 0493
Franklin, Tennessee 37065-0068
JOSEPH D. BAUGH, JR.
District Attorney General
JEFFREY P. BURKS
Asst District Attorney General
Williamson County Courthouse
Ste. G-6, P.O. Box 937
Franklin, Tennessee 37065 0937
Judge:RILEY
First Paragraph:
The appellant, Toney Moore, appeals the Williamson County Criminal
Court's order revoking his probation and requiring the sentence to be
served consecutively to a new conviction. He presents two issues for
our review: (1) whether the trial court abused its discretion in
failing to reinstate his probation; and (2) whether the trial court
erred in requiring the original sentence to be served consecutively to
the conviction triggering the probation violation. The judgment of
the trial court is AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/mooret_opn.WP6
STATE OF TENNESSEE
vs.
MARK T. SCISNEY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT S. PETERS JOHN KNOX WALKUP
Swafford, Peters & Priest Attorney General & Reporter
100 First Avenue, S.W.
Winchester, TN 37398 DEBORAH A. TULLIS
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
C. MICHAEL LAYNE
District Attorney General
STEPHEN E. WEITZMAN
Asst District Attorney General
307 South Woodland
P.O. Box 147
Manchester, TN 37355
Judge: WOODALL
First Paragraph:
A Coffee County jury found Defendant guilty of driving under the
influence while operating a commercial motor vehicle in violation of
Tennessee Code Annotated section 55-50-408. He appeals as of right
pursuant to Rule 3, Tennessee Rules of Appellate Procedure. In a two
(2) prong attack upon the sufficiency of the evidence, Defendant
argues that the State failed to prove that his blood alcohol
concentration was .04 or more, and also argues that the evidence was
insufficient as the State proved his "alcohol by weight" rather than
his blood alcohol concentration as required by the statute. The
judgment of the trial court is affirmed.
URL:http://www.tba.org/tba_files/TCCA/scisneym_opn.WP6
URL:http://www.tba.org/tba_files/TCCA/scisneym_con.WP6
URL:http://www.tba.org/tba_files/TCCA/scisneym_dis.WP6
STATE OF TENNESSEE
vs.
JEFF WELCH
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Charles W. Burson Philip A. Condra
Attorney General & Reporter Public Defender
204 Betsy Park Drive
Michael J. Fahey, II P.O. Box 220
Assistant Attorney General Jasper, TN 37347
450 James Robertson Parkway
Nashville, TN 37243-0493
David E. Crockett
District Attorney General
Lisa Nidiffer Rice
Assistant District Attorney General
Rte. 19 Box 99
Johnson City, TN 37601
Judge: BYERS
First Paragraph:
The trial court found that a prison disciplinary finding which
assessed restitution in the sum of $100.00 against the defendant for
damages caused to a prison guard's uniform, when he was assaulted by
the defendant, barred the prosecution of the defendant on a charge of
assault and battery.
URL:http://www.tba.org/tba_files/TCCA/welchj_cca.WP6
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