TBALink Opinion-Flash

November 12, 1997 -- Volume #3 -- Number #117

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
00-New Opinons From TCA
03-New Opinons From TCCA

There are three ways to get the full opinion from the Web: (TBALink members only)

  • Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

  • *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WP 6.0 document. version of the opinion.

  • Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.

George Dean
TBALink Chief Editor


WILLIAM GAYLE WARREN
vs.
THE ESTATE OF JERRY N. KIRK,        
DECEASED AND BELTON DUNCAN d/b/a    
DELTA TREE SERVICE

Court:TSC

Attorneys:

For Plaintiff-Appellant:            For Defendant-Appellee:

Joseph C. Langston                  Stephen Craig Kennedy
Langston, Langston, Michael         Deusner & Kennedy
& Bowen, P.A.                       Selmer
Booneville, MS

Kent E. Smith
Webb, Sanders, Deaton, 
Balducci, Smith & Faulks
Oxford, MS
                          

Judge:REID

First Paragraph:

This case presents for review the decision of the Court of Appeals
affirming the trial court's grant of summary judgment for the owner of
a vehicle in an action for personal injuries caused by the negligent
operation of the vehicle.  The Court of Appeals found that there is no
genuine issue of material fact as to the existence of a master-servant
relationship between the driver and the owner and dismissed the
complaint against the owner.  This Court concludes that the lower
courts erred in granting summary judgment.

URL:http://www.tba.org/tba_files/TSC/warrenwg_opn.WP6
Opinion-Flash

DAVID CARL DUNCAN   
vs.
STATE OF TENNESSEE  

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

John E. Herbison                    John Knox Walkup
2016 Eighth Avenue South            Attorney General & Reporter
Nashville, TN 37204
                                    John P. Cauley
Joanie L. Abernathy                 Assistant Attorney General
136 Fourth Avenue South             
Franklin, TN 37064                  Christina S. Shevalier
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    Lawrence Ray Whitley
                                    District Attorney General
                                    113 West Main Street
                                    Gallatin, TN 37066-2803

                          

Judge:SCOTT

First Paragraph:

The appellant, David Carl Duncan, was convicted of murder in the first
degree for which he received a sentence of death by electrocution.  On
appeal to the Tennessee Supreme Court his conviction was affirmed. 
State v. Duncan, 698 S.W.2d 63 (Tenn. 1995).  His petition for
certiorari was denied by the United States Supreme Court.  Duncan v.
Tennessee, 475 U.S. 1031, 106 S.Ct. 1240, 89 L.Ed.2d 348 (1986).

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

STATE OF TENNESSEE
vs.
ORLANDO HOBSON

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

William C. Bright                   John Knox Walkup
Assistant Public Defender           Attorney General & Reporter
128 North 2nd Street                500 Charlotte Avenue
Pulaski, TN 38478                   Nashville, TN 37243-0497

OF COUNSEL:                         Janis L. Turner
                                    Assistant Attorney General
Shara A. Flacy                      450 James Robertson Parkway
District Public Defender            Nashville, TN 37243-0493
128 North 2nd Street                
Pulaski, TN 38478                   T. Michael Bottoms
                                    District Public Defender
                                    P.O. Box 459
                                    Lawrenceburg, TN 38464-0459

                                    Stella L. Hargrove
                                    Asst District Attorney General
                                    10 Public Square
                                    Columbia, TN 38402-1619                          

Judge:Jones

First Paragraph:

The appellant, Orlando Hobson (defendant), appeals as of right from a
judgment of the trial court revoking his probation and requiring him
to serve the balance of his sentence.  In this court, the defendant
contends the trial court abused its discretion by ordering him to
serve the balance of his sentences without considering whether he
should receive yet another alternative sentence.  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/HOBSONO_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
PATRICK V. KELFALLA

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

Jeffrey A. DeVasher                 John Knox Walkup
Assistant Public Defender           Attorney General & Reporter
1202 Stahlman Building              500 Charlotte Avenue
Nashville, TN 37201-5730            Nashville, TN 37243-0497

David M. Siegel                     Peter M. Coughlan
Assistant Public Defender           Assistant Attorney General
1202 Stahlman Building              450 James Robertson Parkway
Nashville, TN 37201-5730            Nashville, TN 37243-0493

Ralph W. Newman                     Victor S. Johnson III
Assistant Public Defender           District Attorney General
1202 Stahlman Building              222 Second Avenue, Suite 500
Nashville, TN 37201-5730            Nashville, TN 37201-1649

                                    Kymberly Haas
                                    Asst District Attorney General
                                    222 Second Avenue, Suite 500
                                    Nashville, TN 37201-1649                          

Judge:Jones

First Paragraph:

The appellant, Patrick V. Kelfalla (defendant), was convicted of
second degree murder, a Class A felony, by a jury of his peers.  The
trial court found the defendant was a standard offender and imposed a
Range I sentence of fifteen (15) years in the Department of
Correction.  In this Court the defendant contends (a) the evidence is
insufficient to support his conviction and (b) the trial court abused
its discretion in permitting improper rebuttal testimony.  After a
thorough review of the record, the briefs submitted by the parties,
and the law governing the issues presented for review, it is the
opinion of this Court that the judgment of the trial court should be
reversed.

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

Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/

Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

Non TBA members are WELCOME to subscribe...it's free!!

Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank


© Copyright 1998 Tennessee Bar Association