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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- 00-New Opinons From TSC-Rules
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- 10-New Opinons From TCA
- 02-New Opinons From TCCA
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ROBERT BEAN, FRANKLIN SHAFFER, DAVID AUTRY, MACK ROBERTS, KEVIN ANTLE, TOM NICHOLS, TAMMIE BEASLEY, and ROXANNE LUCE, vs. NED RAY McWHERTER, in his capacity as Governor of the State of Tennessee, CHARLES W. BURSON, Attorney General of the State of Tennessee, TENNESSEE WILDLIFE RESOURCES COMMISSION, and GARY MYERS, Director of the Wildlife Resources Agency Court:TSC First Paragraph: A petition for rehearing has been filed on behalf of Plaintiffs/Appellees. After consideration of the same, the Court is of the opinion that the petition should be and the same is hereby denied at the cost of Plaintiffs/Appellees. URL:http://www.tba.org/tba_files/TSC/beanr_ord.WP6 JOHN J. BANDEIAN, JR., M.D. VS. MARTIN H. WAGNER Court:TCA Attorneys: John J. Bandeian, M.D. 3169 West State Street Bristol, TN 37620 PRO SE FOR PLAINTIFF/APPELLANT Ed R. Davies, #3231 DAVIES, CANTRELL & HUMPHREYS 150 Second Avenue North, Suite 225 Nashville, TN 37201 ATTORNEY FOR DEFENDANTS/APPELLEES Judge:TODD First Paragraph: The plaintiff, John J. Bandeian, Jr., M.D. has appealed from the summary dismissal of his suit against the defendant, Martin H. Wagner, M.D. for libel. URL:http://www.tba.org/tba_files/TCA/bandeisj_opn.WP6 URL:http://www.tba.org/tba_files/TCA/bandeian_con.WP6 KEVIN CALDWELL VS. NISSAN MOTOR MANUFACTURING CORPORATION, U.S.A. Court:TCA Attorneys: Shelley I. Stiles 5214 Maryland Way, #210 Brentwood, TN 37027 ATTORNEY FOR PLAINTIFF/APPELLANT Andree Sophia Blumstein SHERRARD & ROE PLC 424 Church St., Suite 2000 Nashville, TN 37219 ATTORNEY FOR DEFENDANT/APPELLEE, Judge:TODD First Paragraph: The plaintiff, Kevin Caldwell, has appealed from a summary judgment dismissing his suit against Nissan Manufacturing Corp. U.S.A., his former employer, for damages resulting from the termination of his employment in retaliation for his claiming workers compensation benefits. URL:http://www.tba.org/tba_files/TCA/caldwelk_opn.WP6 JEWEL DeGROOD and FRANK DeGROOD VS. CROOK'S SUPERMARKET, INC. d/b/a STEVEN'S FOOD STORE Court:TCA Attorneys: John H. Lowe, Samuel A. Baron, LOWE & BARON, Goodlettsville, Tennessee Attorney for Plaintiffs/Appellants. C. Benton Patton, MANIER, HEROD, HOLLABAUGH & SMITH, Nashville, TN Attorney for Defendant/Appellee. Judge:FARMER First Paragraph: Jewel DeGrood and Frank DeGrood, her husband, sued Crook's Supermarket, Inc., d/b/a Steven's Food Store (Store) alleging injuries and damages resulting from Mrs. DeGrood having fallen on the defendant's premises on August 12, 1994. The trial court granted the defendant's motion for summary judgment and the issue presented by the plaintiffs on appeal is whether or not the trial court erred in doing so. URL:http://www.tba.org/tba_files/TCA/degroodj_opn.WP6 PETRA (PICKEL) FRANKS VS. DAVID EARL FRANKS Court:TCA Attorneys: KEVIN C. KENNEDY 127 South Third Street Clarksville, Tennessee 37040 Attorney for Plaintiff/Appellant LARRY B. WATSON 320 Franklin Street Clarksville, Tennessee 37040 Attorney for Defendant/Appellee Judge:CANTRELL First Paragraph: The Chancery Court of Montgomery County denied Petra Franks' petition for a change of custody of her three minor children. Because we find no change of circumstances following the original award to the father, we affirm the lower court's judgment. URL:http://www.tba.org/tba_files/TCA/franksp_opn.WP6 DONALD A. FRIEDMAN VS. JOHN B. LOWERY Court:TCA Attorneys: Stewart C. Stallings, STEWART, WILKINSON AND WILSON, Memphis, TN Attorney for Plaintiff/Appellant. Thomas Lee Hinson, Collierville, Tennessee Attorney for Defendant/Appellee. Judge:FARMER First Paragraph: Plaintiff Donald A. Friedman appeals the trial court's order which entered a judgment in favor of Defendant/Appellee John B. Lowery in this action on a Guarantee Agreement. We reverse the trial court's judgment based on our conclusion that Lowery was not relieved of his obligation as a guarantor under the Guarantee Agreement. URL:http://www.tba.org/tba_files/TCA/friedmda_opn.WP6 JAN MILTON HAUSMANN VS. NINA LOUISE STANFORD HAUSMANN Court:TCA Attorneys: EDWARD J. GROSS Suite 1601, Parkway Towers Nashville, Tennessee 37219 Attorney for Plaintiff/Appellant J. RUSSELL PARKES 102 West 7th Street P. O. Box 692 Columbia, Tennessee 38402-0692 Attorney for Defendant/Appellee Judge:CANTRELL First Paragraph: Jan Milton Hausmann and Nina Louise Stanford married in 1967, when he was working on his masters degree in physiology, and she was a nursing school student. Mrs. Hausmann obtained her R.N. degree about three months after the marriage. Her husband obtained his masters degree, and began medical school in 1968. URL:http://www.tba.org/tba_files/TCA/hausmajm_opn.WP6 WAYNE MORRIS VS. CORRECTIONAL ENTERPRISES OF TENNESSEE, TENNESSEE CIVIL SERVICE COMMISSION, and SUSAN R. WILLIAMS, in Her Official Capacity as Commissioner of the Tennessee Department of Personnel Court:TCA Attorneys: LARRY D. WOODS P. O. Box 24727 Nashville, Tennessee 37202-4727 Attorney for Plaintiff/Appellant JOHN KNOX WALKUP Attorney General & Reporter JAMES C. FLOYD Assistant Attorney General 450 James Robertson Parkway Nashville, Tennessee 37243-0490 Attorney for Defendants/Appellees Judge:CANTRELL First Paragraph: The primary question in this appeal, from which all other issues flow, is what is the procedure for determining whether a state employee was in the career service, and thus entitled to civil service protection, or in the executive service serving at the pleasure of his employer. We vacate the judgment of the chancery court and give the appellant employee thirty days to act in accordance with the proper procedure as outlined in the following opinion. URL:http://www.tba.org/tba_files/TCA/morrisw_opn.WP6 CHRIS SENSING VS. KARRIE DODSON Court:TCA Attorneys: PHILLIP M. GEORGE P. O. Box 467 511 Enon Springs Road, East Smyrna, Tennessee 37167 Attorney for Plaintiff/Appellant WILLIAM LANDIS TURNER 102 No. Court Street P. O. box 789 Hohenwald, Tennessee 38462 Attorney for Defendant/Appellee Judge:CANTRELL First Paragraph: This case involves a father's right of visitation with his minor child born out of wedlock. Because we find that the trial court could have structured visitation in a manner which interfered less with the parent/child relationship, we remand this case for a re-structuring of the visitation arrangement in accordance with the following opinion. URL:http://www.tba.org/tba_files/TCA/sensingc_opn.WP6 SHARON ANNE SMITH VS. ALAN WAYNE SMITH Court:TCA Attorneys: R. E. LEE DAVIES HARTZOG, SILVA & DAVIES 123 Fifth Avenue North P. O. Box 664 Franklin, Tennessee 37065-0664 Attorney for Plaintiff/Appellant ROBERT TODD JACKSON JACKSON & ASSOCIATES 214 Second Avenue North Suite 103 Nashville, Tennessee 37201 Attorney for Defendant/Appellee Judge:CANTRELL First Paragraph: Two years after divorce, the wife filed a petition for an increase in child support. The husband responded with a petition to reduce alimony. After hearing, the trial court did both. We affirm the reduction in alimony, but we agree with the wife that in light of the increase in the husband's income, the amount of additional child support ordered by the trial court was not sufficient to comply with the guidelines. URL:http://www.tba.org/tba_files/TCA/smithsa_opn.WP6 STATE OF TENNESSEE vs. BARRY JORDAN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: G. STEPHEN DAVIS JOHN KNOX WALKUP District Public Defender Attorney General & Reporter 208 N. Mill Avenue P.O. Box 742 CLINTON J. MORGAN Dyersburg, TN 38025-0742 Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 C. PHILLIP BIVENS District Attorney General P.O. Drawer E Dyersburg, TN 38024 Judge:WOODALL First Paragraph: The Defendant, Barry Jordan, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. Following a jury trial in the Circuit Court of Dyer County, the Defendant was found guilty of voluntary manslaughter and was sentenced to five (5) years in prison as a Range I standard offender. In his sole issue on appeal, Defendant argues that the sentence imposed by the trial court was excessive. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/jordanb_opn.WP6 ANTHONY L. WASHINGTON vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GERALD SKAHAN JOHN KNOX WALKUP 140 North Third Street Attorney General & Reporter Memphis, TN 38103 KENNETH W. RUCKER Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General JANET SHIPMAN Asst District Attorney General 201 Poplar Street, Suite 301 Memphis, TN 38103 Judge:WOODALL First Paragraph: Petitioner, Anthony Washington, appeals the trial court's denial of his petition for post-conviction relief. Petitioner was charged with the crimes of first degree murder, theft, aggravated robbery (four counts) and especially aggravated robbery (two counts). He pled guilty in October 1995. Petitioner was sentenced to life imprisonment on the first degree murder charge, four (4) years incarceration on the theft charge, four (4) sentences of twelve (12) years incarceration on the aggravated robbery charges, and two (2) sentences of twenty-five (25) years incarceration for each especially aggravated robbery conviction, with all sentences to run concurrently. Petitioner only challenges the conviction for first degree murder. He argues that he was denied his Sixth Amendment right to the effective assistance of counsel. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/wshngtna_opn.WP6
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