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TBALink Opinion-Flash
October 27, 1997 -- Volume #3 -- Number #108
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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KELLY CARR vs. UNITED PARCEL SERVICE, ET AL. Court:TSC Attorneys: FOR PLAINTIFF: FOR DEFENDANTS: Deanna C. Bell Charles Hampton White Nashville Rebecca Wells Demaree Nashville FOR AMICUS CURIAE, TENNESSEE MUNICIPAL FOR AMICUS CURIAE, LEAGUE RISK MANAGEMENT, JOYCE M. GRIMES: ET AL.: Joyce M. Grimes Pamela Lynn Reeves Nashville Knoxville Judge:HOLDER First Paragraph: This case comes to us on a certified question of law. The plaintiff, Kelly Carr, filed a sexual harassment action in the United States District Court for the Middle District of Tennessee alleging violations of both Title VII of the Civil Rights Act of 1964 ("Title VII") and the Tennessee Human Rights Act ("THRA"). She named as defendants her employer, United Parcel Service ("UPS"), and three UPS employees, Ron Foster, Martin Sisk, and Andrew Martin. Foster, Sisk, and Martin filed a motion for judgment on the pleadings arguing that they could not be held individually liable under either Title VII or the THRA. The district court entered an order requesting this Court "to resolve the issue of whether a defendant can be held individually liable under THRA." We accepted certification of the question. We hold that, under the facts as certified to us, the THRA does not impose individual liability in this case. URL:http://www.tba.org/tba_files/TSC/carrkell_opn.WP6
TALMADGE CARVER, et al.
vs.
CITIZEN UTILITIES COMPANY d/b/a
CITIZENS TELECOMMUNICATIONS
COMPANY OF TENNESSEE
Court:TSC
Attorneys:
FOR PETITIONER: FOR RESPONDENTS:
R. Eddie Wayland Ronald C. Koksal
M. Kim Vance Knoxville
Jonathan G. Chance Jon Edward Jones
Nashville Cookeville
FOR AMICUS CURIAE,
TENNESSEE MUNICIPAL
LEAGUE RISK MANAGEMENT,
THE CITY OF KNOXVILLE, AND
KNOXVILLE MAYOR VICTOR ASHE:
Pamela L. Reeves
Knoxville
Judge:HOLDER
First Paragraph:
This case comes to us on a certified question of law. The plaintiffs,
Talmadge G. Carver, Everett L. Bolin, Jr., Earlene G. Hart, and
Melinda D. Robinson, filed suits in the United States District Court
for the Middle District of Tennessee alleging violations of the Age
Discrimination and Employment Act (ADEA), the Employment Retirement
Income Security Act (ERISA), and the Tennessee Human Rights Act
(THRA). They seek punitive damages under the THRA. The defendants,
Citizens Utilities Company d/b/a Citizens Telecommunications Company
of Tennessee, filed motions to dismiss the plaintiffs' claims for
punitive damages. The district court has certified the following
question for our resolution: whether punitive damages are available
under the THRA? We accepted certification and hold that punitive
damages are available under the THRA only for claims involving
discriminatory housing practices and malicious harassment.
URL:http://www.tba.org/tba_files/TSC/carvertg_opn.WP6
STATE OF TENNESSEE
vs.
CHARLES BOURGEOIS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
FRANK LANNOM JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
P.O. Box 649
Lebanon, TN 37088-0649 ELLEN H. POLLACK
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
TOM P. THOMPSON, JR.
District Attorney General
DOUG HALL
Asst District Attorney General
111 Cherry Street
Lebanon, TN 37087
Judge: WITT
First Paragraph:
The defendant, Charles Bourgeois, appeals his conviction of driving
under the influence. Bourgeois was convicted following a jury trial
in the Wilson County Criminal Court. The court sentenced him to serve
11 months, 29 days, with all but 10 days suspended in favor of
probation, revoked his driver's license for one year, and fined him
$350.00 plus costs. In this direct appeal, Bourgeois alleges the
trial court improperly admitted evidence of the level of alcohol in
his blood. Although we find no merit in this argument, we
nevertheless reverse the defendant's conviction and remand for a new
trial, based upon plain error in the trial court's instruction to the
jury.
URL:http://www.tba.org/tba_files/TCCA/bourgeoc_opn.WP6
STATE OF TENNESSEE
vs.
CARL E. CAMPEN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CHRISTOPHER VAN RIPER JOHN KNOX WALKUP
Stuart & Van Riper Attorney General and Reporter
300 Market Street
Clinton, TN 37716 KAREN M. YACUZZO
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
MICKEY LAYNE
District Attorney General
STEPHEN E. WEITZMAN
Assistant District Attorney
P. O. Box 147
Manchester, TN 37355
Judge: SMITH
First Paragraph:
A Coffee County Circuit Court jury found Appellant Carl E. Campen
guilty of driving under the influence of an intoxicant (DUI), fourth
offense, and driving on a revoked license. For the DUI conviction,
Appellant received a sentence of eleven months twenty-nine days in the
county jail and a fine of seven thousand dollars. For the driving on
a revoked license conviction, he received a sentence of one hundred
eighty days in the county jail and a fine of five hundred dollars.
The trial court ordered the sentences served consecutively.
URL:http://www.tba.org/tba_files/TCCA/campen_opn.WP6
STATE OF TENNESSEE
vs.
DAVID M. CANTRELL
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN H. HENDERSON JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
407-C Main Street
P.O. Box 68 KAREN M. YACUZZO
Franklin, TN 37065 Assistant Attorney General
425 Fifth Avenue North
2nd Floor, Cordell Hull Bldg
Nashville, TN 37243
JOSEPH D. BAUGH, JR.
District Attorney General
RONALD L. DAVIS
Asst District Attorney General
Williamson County Courthouse,
Ste. G-6
P.O. Box 937
Franklin, TN 37065
Judge:WOODALL
First Paragraph:
The Defendant, David L. Cantrell, appeals as of right pursuant to Rule
3 of the Tennessee Rules of Appellate Procedure. Following a jury
trial in the Circuit Court of Hickman County, Defendant was convicted
of four counts of aggravated rape and one count of false imprisonment.
He was sentenced by the trial court to serve forty (40) years for
each count of aggravated rape and eleven (11) months and twenty-nine
(29) days for the false imprisonment conviction. Defendant was to
serve all sentences concurrently, except for two of the forty (40)
year sentences, resulting in a total sentence of eighty (80) years.
Defendant challenges the sufficiency of the evidence and argues the
eighty (80) year sentence is excessive. We affirm the judgment of the
trial court.
URL:http://www.tba.org/tba_files/TCCA/cantreld_opn.WP6
STATE OF TENNESSEE
vs.
GEORGE WESLEY HARVILLE, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Edward L. Boring John Knox Walkup
Attorney at Law Attorney General & Reporter
P. O. Box 381 500 Charlotte Avenue
Pikeville, TN 37367 Nashville, TN 37243-0497
Daryl J. Brand
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
J. Michael Taylor
District Attorney General
265 Third Avenue, Suite 300
Dayton, TN 37321
Will Dunn
Asst District Attorney General
265 Third Avenue, Suite 300
Dayton, TN 37321
Judge: Jones
First Paragraph:
The appellant, George W. Harville, Jr., (defendant), was convicted of
aggravated assault, a Class C felony, by a jury of his peers. The
trial court found the defendant was a standard offender and imposed a
Range I sentence consisting of a $5,000 fine and confinement for four
(4) years in the Department of Correction. In this Court, the
defendant contends the trial court committed error of prejudicial
dimensions by failing to suppress evidence on the ground the
aggravated assault occurred after an unlawful stop by a police
officer. After a thorough review of the record, the briefs submitted
by the parties, and the law governing the issue presented for review,
it is the opinion of this Court that the judgment of the trial court
should be affirmed.
URL:http://www.tba.org/tba_files/TCCA/harvilgw_opn.WP6
STATE OF TENNESSEE
vs.
FRANKLIN JENKINS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
NATHANIEL H. KOENIG JOHN KNOX WALKUP
150 Second Ave., N., Suite 300 Attorney General & Reporter
Nashville, TN 37201-1902
(On appeal) LISA A. NAYLOR
Asst. Attorney General
SHARA FLACY 450 James Robertson Pkwy.
District Public Defender Nashville, TN 7243-0493
LARRY NICKELL MIKE BOTTOMS
Asst. Public Defender District Attorney General
P.O. Box 1208
Pulaski, TN 38478 RICHARD H. DUNAVANT
(At trial) Asst. District Attorney General
P.O. Box 304
Pulaski, TN 38478
Judge:PEAY
First Paragraph:
The defendant was indicted for aggravated assault committed by use of
a deadly weapon. A jury convicted him of Class D aggravated assault
and he was sentenced as a Range I standard offender to three years
incarceration. In this direct appeal, the defendant contends that he
is entitled to a new trial because the court below failed to instruct
the jury on the lesser offense of assault. He also challenges the
length of his sentence, contending that the trial court erred in
applying certain enhancement factors. Upon our review of the record,
we reverse the defendant's conviction and remand this matter for
retrial.
URL:http://www.tba.org/tba_files/TCCA/jenkinsf_opn.WP6
STATE OF TENNESSEE
vs.
KING DAVID JOHNSON, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
HERSHELL D. KOGER JOHN KNOX WALKUP
P.O. Box 1148 Attorney General & Reporter
Pulaski, TN 38478
(On appeal) SARAH M. BRANCH
Counsel for the State
LIONEL R. BARRETT, JR.
450 James Robertson Pkwy.
Washington Square Two, Suite 417 Nashville, TN 37243-0493
222 Second Ave.
Nashville, TN 37201 MIKE BOTTOMS
(At trial) -and-
ROBERT C. SANDERS
District Attorney General
P.O. Box 459
Lawrenceburg, TN 38464
Judge: PEAY
First Paragraph:
The defendant was indicted in June 1993 for first-degree murder of his
girlfriend, Valerie Duke. A jury convicted him on February 27, 1996,
of second-degree murder, and after a hearing, he was sentenced as a
Range I standard offender to twenty years in the Tennessee Department
of Correction. In this appeal as of right, the defendant challenges
the sufficiency of the evidence and the appropriateness of his
sentence. After a review of the record and applicable law, we affirm
his conviction and remand the cause for resentencing.
URL:http://www.tba.org/tba_files/TCCA/johnsonk_opn.WP6
STATE OF TENNESSEE
vs.
STANLEY LAWSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN E. HERBISON JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
2016 Eight Avenue South
Nashville, Tennessee 37204 DARYL J. BRAND
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243
SALLIE WADE BROWN
Asst District Attorney General
113 West Main Street
Gallitin, Tennessee, 37066
Judge:WALKER
First Paragraph:
The defendant appeals a jury verdict finding him guilty of twenty-five
counts of incest. The defendant was sentenced to seven years on each
count, with counts one through ten to be served consecutively, and the
others to be run concurrently. The jury assessed fines of ten
thousand dollars per count. The court reduced the fines to two
thousand dollars per count.
URL:http://www.tba.org/tba_files/TCCA/lawsonop_wpd.WP6
STATE OF TENNESSEE
vs.
ANTONIO D. MASON
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
CURTIS H. GANN CHARLES W. BURSON
Assistant Public Defender Attorney General and Reporter
105 South Main
P. O. Box 1119 JANIS L. TURNER
Fayetteville, TN 37334 Assistant Attorney General
Criminal Justice Division
(ON APPEAL) 450 James Robertson Parkway
Nashville, TN 37243 0493
MICHAEL D. RANDLES
Assistant Public Defender
117 S. Main, STE. 203 WILLIAM MICHAEL MCCOWN
Shelbyville, TN 37160 District Attorney General
(AT TRIAL) ROBERT CRIGLER
Asst. District Attorney General
JOHN HARWELL DICKEY One Public Square, STE 100
District Public Defender Shelbyville, TN 37160
Judge:Hayes
First Paragraph:
The appellant, Antonio D. Mason, appeals his jury convictions for
attempted first degree murder, attempted aggravated robbery, and
aggravated assault. The Bedford County Circuit Court imposed
sentences of twenty-three years and six months for the attempted first
degree murder conviction, six years for the attempted aggravated
robbery conviction, and four years and six months for the aggravated
assault conviction. The attempted aggravated robbery conviction was
ordered to run consecutive to the attempted first degree murder
conviction, resulting in a total effective sentence of twenty-nine
years and six months. In this appeal, the appellant contends that the
evidence presented at his jury trial was insufficient to support his
conviction for attempted first degree murder. Second, the appellant
asserts that the sentences imposed by the trial court were excessive.
URL:http://www.tba.org/tba_files/TCCA/masonad_opn.WP6
STATE OF TENNESSEE
vs.
PHYLISS ANN McBRIDE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
LANCE H. SELVA CHARLES W. BURSON
214 West Main Street Attorney General and Reporter
Murfreesboro, TN 37130
LISA A. NAYLOR
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
WILLIAM WHITESELL
District Attorney General
Third Floor Judicial Building
Murfreesboro, TN 37130
Judge:Hayes
First Paragraph:
The appellant, Phyliss Ann McBride, appeals her conviction, by a
Rutherford County jury, for the first degree murder of her husband,
Bobby McBride. The jury fixed the appellant's sentence at imprisonment
for life. At a separate sentencing hearing, the trial court ordered
the life sentence to run concurrently with seven prior unserved felony
sentences. In this appeal, the appellant contends that (1) the trial
court failed to comply with the mandatory jury selection procedure set
forth in Tenn. R. Crim. P. 24(c); and (2) the trial court improperly
restricted cross-examination of a State's witness. Additionally, the
State cross-appeals challenging the trial court's decision that the
appellant's life sentence should be served concurrently with her seven
felony sentences.
URL:http://www.tba.org/tba_files/TCCA/mcbridep_opn.WP6
PERRY T. MILLER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Perry T. Miller, Pro Se Charles W. Burson
#87879 Attorney General of Tennessee
CCA/SCCF, P.O. Box 279 and
Clifton, TN 38425-0279 Eugene J. Honea
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
W. Michael McCown
District Attorney General
P.O. Box 904
Fayetteville, TN 37334
Judge:Tipton
First Paragraph:
The petitioner, Perry T. Miller, appeals as of right from the Lincoln
County Circuit Court's summary dismissal of his petition for
post-conviction relief. The trial court dismissed the petition,
concluding that the petition was barred by the statute of limitations
and that the grounds alleged in the petition had been waived or
previously determined. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/millerpt_opn.WP6
DAVID PETERS
vs.
RICKY BELL, WARDEN
Court:TCCA
Judge: SMITH
First Paragraph:
This matter is before the Court upon the state's motion requesting
that the judgment in the above-styled cause be affirmed pursuant to
Rule 20, Tennessee Court of Criminal Appeals Rules. Although not for
the reasons set forth in the state's motion, we find that this is an
appropriate case for affirmance pursuant to Rule 20.
URL:http://www.tba.org/tba_files/TCCA/petersd1_ord.WP6
LEN MARTUCCI
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
J. Michael Clement Charles W. Burson
210 Charles Seivers Blvd. Attorney General of Tennessee
Clinton, TN 37716 and
John Patrick Cauley
Asst Attorney General of TN
450 James Robertson Parkway
Nashville, TN 37243-0493
James N. Ramsey
District Attorney General
and
Jan Hicks
Asst District Attorney General
Anderson County Courthouse
Clinton, TN 37716
Judge:Tipton
First Paragraph:
The petitioner, Len Martucci, appeals as of right from the Anderson
County Criminal Court's denial of his petition for post-conviction
relief after an evidentiary hearing. The petitioner has filed a
somewhat rambling, ninety-five page brief in this court raising a
panoply of issues. Essentially, the petitioner argues that he is
entitled to post-conviction relief.
URL:http://www.tba.org/tba_files/TCCA/martucl_opn.WP6
STATE OF TENNESSEE
vs.
FREDERICK R. PORTER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CHARLES L. BEACH JOHN KNOX WALKUP
365 Market St. Attorney General & Reporter
Clinton, TN 37716
(At trial and on appeal) MARVIN E. CLEMENTS, JR.
Asst. Attorney General
DEBORAH MURPHY BEACH 450 James Robertson Pkwy.
365 Market St. Nashville, TN 37243-0493
Clinton, TN 37716
(At trial) ROBERT L. JOLLEY, JR.
Special Prosecutor
DAVID HILL P. O. Box 1468
301 E. Broadway Knoxville, TN 37901-1468
Newport, TN 37821-3105
(At trial)
Judge:PEAY
First Paragraph:
The defendant was charged with the premeditated murder of Gerald
Brown, the felony murder of Gerald Brown, and the attempted
premeditated murder of Jerome Anderson. After a jury trial, he was
convicted of the second-degree murder of Gerald Brown and attempted
second-degree murder of Jerome Anderson; following the verdict, the
trial court dismissed the charge of felony murder. After a hearing,
the trial court sentenced the defendant as a Range I standard offender
to twenty-five years incarceration for the murder offense and twelve
years incarceration on the attempted murder offense. The sentences
were run consecutively.
URL:http://www.tba.org/tba_files/TCCA/porterfr_opn.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue (IN THIS ORDER):