TBALink Opinion-Flash

October 29, 1997 -- Volume #3 -- Number #110

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
00-New Opinons From TSC-Workers Comp Panel
10-New Opinons From TCA
02-New Opinons From TCCA

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George Dean
TBALink Chief Editor


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
Opinion-Flash
    
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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash
    
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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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