TBALink Opinion-Flash

December 8, 1997 -- Volume #3 -- Number #128

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
22-New Opinons From TCA
09-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


KENNETH McDANIEL
vs.
CSX TRANSPORTATION, INC.

Court:TSC

First Paragraph:

The defendant has filed a petition for rehearing of this appeal
pursuant to Tenn. R. App. P. 39.  We have considered all of the
arguments raised in the petition and have found them to be without
merit.

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

FAIRLY HUBBARD ADELSPERGER
vs.
DAVID ROBERT ADELSPERGER

Court:TCA

Attorneys:

For the Plaintiff/Appellant:            For the Defendant/Appellee:  

Jon S. Jablonski                        Daryl M. South
Nashville, Tennessee                    Kidwell & South
                                        Murfreesboro, Tennessee
                          
Judge:KOCH

First Paragraph:

This appeal presents a custody and visitation dispute.  The parties
were declared divorced in the Chancery Court for Rutherford County,
and the wife received sole custody of the parties' three minor
children.  Six months later, the wife moved to Mississippi, and the
father petitioned for a change of custody.  Following a bench trial,
the trial court granted the father custody of the children after
concluding that there had been a material change of circumstances and
that placing the children in the father's custody would be in their
best interests.  The mother asserts on this appeal that the evidence
does not support the trial court's decision.  We agree and, therefore,
reverse the judgment.

URL:http://www.tba.org/tba_files/TCA/adelsfh_opn.WP6
Opinion-Flash

AMERICAN COLOR
SULLIVAN GRAPHICS, INC.
vs.
INNOVO, INC.

Court:TCA

Attorneys:

Patrick Johnson
Cavalier Building, Suite 508
95 White Bridge Road
Nashville, TN 37205
ATTORNEY FOR PLAINTIFF/APPELLEE

Lisa M. Sherrill
509 West Court Square
Springfield, TN 37172
ATTORNEY FOR DEFENDANT/APPELLANT
                          
Judge:TODD

First Paragraph:

The defendant, Innovo, Inc., has appealed from a non jury judgment, in
the amount of $58,856.26, in favor of the plaintiff, American Color, a
division of Sullivan Graphics, Inc., for merchandise sold and services
rendered to the defendant.

URL:http://www.tba.org/tba_files/TCA/amercol_opn.WP6
URL:http://www.tba.org/tba_files/TCA/americac_con.WP6
Opinion-Flash

IN RE: CHAD ALAN ANDOLINO   
                        
CHARLES ALAN MIX and LORENA 
MAY MIX
vs.
ROBERT BARTON

Court:TCA

Attorneys:

THOMAS F. BLOOM
Nashville, Tennessee
Attorney for Appellants

LEW CONNER
LARRY H. HAYES, JR.
BOULT, CUMMINGS, CONNERS & BERRY, PLC
Nashville, Tennessee
Attorney for Appellee
                          
Judge:HIGHERS

First Paragraph:

This case presents for review the decision of the Chancery Court of
Decatur County finding that the Defendant, Robert Barton ("Father")
did not abandon his son, Chad Andolino ("Son") and, therefore,
dismissing Plaintiffs', Charles and Lorena Mix ("Mixes"), petition for
adoption.  The Mixes appealed.  For reasons stated hereinafter, we
affirm the judgment of the trial court.

URL:http://www.tba.org/tba_files/TCA/andolino_opn.WP6
Opinion-Flash

SANDRA K. BAKER (ABROMS)
vs.
STATE OF TENNESSEE, ex rel, 
GARY D. BAKER

Court:TCA

Attorneys:

For the Plaintiff/Appellee:         For the Defendant/Appellant:

James G. Martin                     John Knox Walkup
G.A. Puryear, IV                    Attorney General and Reporter
FARRIS, WARFIELD & KANADAY
Nashville, Tennessee                James H. Tucker, Jr.
                                    Assistant Attorney General
                          
Judge:KOCH

First Paragraph:

This appeal involves a trial court's discretion not to employ the
mechanisms in Title IV-D for the payment and collection of child
support.  In a post-divorce proceeding seeking changes in visitation
and child support arrangements, the Circuit Court for Davidson County
declined to order the obligor parent to execute a wage assignment or
to pay child support through the trial court clerk.  On this appeal,
the Attorney General and Reporter, on behalf of the Title IV-D
contractor who represented the custodial parent, asserts that the
trial court was statutorily required to direct the non-custodial
parent to pay child support through the trial court clerk.  We agree. 
Even though requiring the child support to be paid through the trial
court clerk will, in this case, extract an unnecessary five percent
penalty from the non-custodial spouse, paying child support through
the trial court clerk is statutorily required in Title IV-D
proceedings.

URL:http://www.tba.org/tba_files/TCA/bakersk_opn.WP6
 Opinion-Flash

RONNIE BRADFIELD
vs.
BILLY COMPTON, et al

Court:TCA

Attorneys:

For the Plaintiff/Appellant:        For the Defendants/Appellees:

Ronnie Bradfield, Pro Se            John Knox Walkup 
Tiptonville, Tennessee              Jeffrey L. Hill   
                                    Nashville, Tennessee
                          
Judge:LILLARD

First Paragraph:

This case involves a claim under 42 U.S.C.A. S 1983, filed by a state
prisoner against employees of the Tennessee Department of Corrections.
 One defendant is a physician employed by Department.  Plaintiff
appeals the dismissal of his claims against all defendants.  We
affirm.

URL:http://www.tba.org/tba_files/TCA/bradfier_opn.WP6
Opinion-Flash

JERRY RAY BROWN
vs.
PHILLIP L. DAVIDSON

Court:TCA

Attorneys: 

For the Plaintiff/Appellant:        For the Defendant/Appellee:

Jerry Ray Brown, Pro Se             James L. Harris          
Clarksville, Tennessee              Nashville, Tennessee
                                                        
Judge:LILLARD

First Paragraph:

This is a legal malpractice action.  The trial court dismissed the
action as time-barred by the applicable statute of limitations.  We
affirm.

URL:http://www.tba.org/tba_files/TCA/brownjer_opn.WP6
Opinion-Flash

ANNETTE DUBOSE
vs.
DEBBIE RAMEY

Court:TCA

Attorneys: 

THOMAS K. McALEXANDER
HILL BOREN, P.C.
Jackson, Tennessee
Attorney for Appellant

JONATHAN O. STEEN
SPRAGINS, BARNETT, COBB & BUTLER
Jackson, Tennessee
Attorney for Appellee
                        
Judge:HIGHERS

First Paragraph:

Plaintiff/Appellant, Annette Dubose ("Dubose"), appeals the judgment
of the trial court denying her motion for a new trial and specifically
finding that the jury verdict and the judgment previously entered in
this case were proper and correct.  For reasons hereinafter stated, 
we affirm the judgment of the trial court.

URL:http://www.tba.org/tba_files/TCA/dubosea_opn.WP6
Opinion-Flash

ALEXANDER FRIEDMANN
vs.
CHARLES BASS, et al.

Court:TCA

Judge:TODD

First Paragraph:

Alexander Friedmann's petition for rehearing is respectfully denied.

URL:http://www.tba.org/tba_files/TCA/friedman_reh.WP6
Opinion-Flash

WILLIAM W. GOAD, JR.
vs.
ALPHONSE PASIPANODYA, M.D., 
MEHARRY HUBBARD HOSPITAL,   
FRANK THOMAS, M.D., and         
LARRY WOODLEE

Court:TCA

Attorneys:

For the Plaintiff/Appellant:        For Meharry Hubbard Hospital:

William W. Goad, Jr.,               Thomas A. Wiseman, III
Pro Se                              John T. Reese
                                    Nashville, Tennessee

    
                                    For Larry Woodlee:

                                    Cyrus L. Booker
                                    Carla G. Fox
                                    Nashville, Tennessee 
                                                             
Judge:KOCH

First Paragraph:

This appeal involves a prisoner's medical malpractice suit stemming
from the repair of an epigastric hernia.  The prisoner filed a pro se
complaint against the surgeon who had performed the surgery, the
hospital where the surgery was performed, and a physician and
physician's assistant employed by the prison.  The Circuit Court for
Davidson County first granted the motion for summary judgment filed by
the physician's assistant and later granted the summary judgment
motion filed by the hospital.  The prisoner appealed from the order
summarily dismissing his claims against the hospital.  We have
determined that the prisoner's appeal must be dismissed because he has
not complied with the mandatory requirements of Tenn. R. App. P. 3(f)
and 4(a).

URL:http://www.tba.org/tba_files/TCA/goadww_opn.WP6
Opinion-Flash

JERRY HAMMOCK and wife      
RUBY HAMMOCK, et al.
vs.
SUMNER COUNTY, TENNESSEE

Court:TCA

Attorneys:

For the Plaintiffs/Appellants:          For the Defendant/Appellee:

B. Keith Williams                       John Knox Walkup
Taylor, Taylor, Lannom & Williams       Attorney General and Reporter
Lebanon, Tennessee
                                        Wendell C. Dawson
                                        Assistant Attorney General
                         
Judge:KOCH

First Paragraph:

This interlocutory appeal involves the right of a party to discover
the appraisal report of a testifying expert in a condemnation case. 
The Circuit Court for Sumner County denied the property owners'
request for the appraisal report in order to prepare to depose the
appraiser on the grounds that the report is "privileged, as work
porduct [sic]" but granted the property owners permission to apply for
an interlocutory appeal pursuant to Tenn. R. App. P.  9.  We concur
that an interlocutory appeal will prevent needless, expensive, and
protracted litigation in this case.  Because the application and the
response thereto fully set forth the parties' positions and the
material facts, we dispense with further briefing and oral argument
and proceed to the merits in order to save the parties additional time
and expense.  We vacate the trial court's order and remand the case
with instructions to enter an order compelling the production of the
testifying appraiser's reports.

URL:http://www.tba.org/tba_files/TCA/hammockj_opn.WP6
Opinion-Flash

JONI SMART HOLT
vs.
JACK SANDERS HOLT

Court:TCA

Attorneys:

For the Plaintiff/Appellee:         For the Defendant/Appellant:

Rose Palermo                        Mary Arline Evans
Nashville, Tennessee                Nashville, Tennessee
                         
Judge:KOCH

First Paragraph:

This appeal involves the dissolution of a nineteen-year marriage.  The
wife filed suit for divorce in the Chancery Court for Sumner County
but then suspended the proceedings while the parties attempted to
reconcile.  The efforts proved fruitless, and, following a bench
trial, the trial court granted the wife a divorce on the grounds of
adultery.  The trial court also awarded the wife custody of the
parties' two children, divided the marital estate, and awarded the
wife spousal support as well as additional funds for her legal
expenses.  The husband takes issue on this appeal with the financial
aspects of the divorce decree, including the division of the marital
property, the long-term spousal support award, and the additional
award to defray the wife's legal expenses at trial.  While the trial
court properly divided the marital property and awarded the wife funds
for her legal expenses at trial, we modify the spousal support award
to provide for rehabilitative alimony and for reduced long-term
spousal support.

URL:http://www.tba.org/tba_files/TCA/holtjs_opn.WP6
Opinion-Flash

REIKO McCULLOUGH
vs.
WHITFORD B. McCULLOUGH

Court:TCA

Attorneys:

For the Plaintiff/Appellee:         For the Defendant/Appellant:

Joseph L. Lackey, Jr.               David H. Hornik          
Nashville, Tennessee                Nashville, Tennessee
                          
Judge:LILLARD

First Paragraph:

This case involves a petition for the modification of alimony
payments.  The ex-husband appeals the trial court's denial of his
petition to reduce his alimony obligations to his ex-wife.  We affirm.

URL:http://www.tba.org/tba_files/TCA/mccullor_opn.WP6
Opinion-Flash

PHILLIP GENE McDOWELL
vs.
ROBERTA GRISSOM BOYD,   
Individually and as Administratrix  
of the Estate of David Carah Boyd,  
Deceased

Court:TCA

Attorneys:

For the Plaintiff/Appellee:         For the Defendant/Appellant:

David R. Swafford                   Howard L. Upchurch
Pikeville, Tennessee                Pikeville, Tennessee
                          
Judge:KOCH

First Paragraph:

This appeal involves a posthumous paternity dispute.  While the
decedent's estate was pending in probate court, a person claiming to
be the decedent's son filed a petition in the Chancery Court for Van
Buren County against the decedent's estate and his widow seeking to
establish the petitioner's right to inherit part of the decedent's
estate.  The trial court heard the evidence without a jury and
determined that the petitioner had presented clear and convincing
evidence that he was the decedent's biological son.  The decedent's
wife asserts on this appeal that the evidence does not support the
trial court's conclusion.  We affirm the judgment.

URL:http://www.tba.org/tba_files/TCA/mcdowlpg_opn.WP6
Opinion-Flash

DEBORAH JOANNE CUPPLES  
PLUNK
vs.
EDWARD LEE PLUNK

Court:TCA

Attorneys:

Michael B. McWherter, SPRAGINS, BARNETT, COBB & BUTLER, Jackson,
Tennessee
Attorney for Plaintiff/Appellant.

Harold F. Johnson, Jackson, Tennessee
Attorney for Defendant/Appellee.
                          
Judge:FARMER

First Paragraph:

Plaintiff Deborah Joanne Cupples Plunk (Wife) appeals the final
divorce decree entered by the trial court which awarded custody of the
parties' two children to the Wife, ordered Defendant/Appellee Edward
Lee Plunk (Husband) to pay child support and rehabilitative alimony to
the Wife, and distributed the parties' real and personal property.  We
affirm.

URL:http://www.tba.org/tba_files/TCA/plunkdj_opn.WP6
Opinion-Flash

ELLA FRANCES PRUETT
vs.
WAL-MART STORES, INC.

Court:TCA

Attorneys:

For the Plaintiff/Appellant:        For the Defendant/Appellee:

Hite McLean, Jr.                    Charles H. Barnett, III   
Memphis, Tennessee                  Justin S. Gilbert              
                                    Jackson, Tennessee
                                            

Judge:LILLARD

First Paragraph:

This is an employment discrimination case.  The plaintiff, an employee
of a department store, developed problems with her feet and was unable
to stand or walk for long periods.  She contends that the defendant
store refused to assign her to a position answering the telephone,
alleging discrimination on the basis of age and disability, as well as
an intent to take away her medical insurance benefits.  The trial
court granted summary judgment to the employer.  We affirm in part,
reverse in part, and remand.

URL:http://www.tba.org/tba_files/TCA/pruettef_opn.WP6
Opinion-Flash

GINGER C. SNEAD and
JAMES D. SNEAD
vs.
LOIS V. METTS

Court:TCA

Attorneys:

Steve C. Norris, Nashville, Tennessee
Attorney for Plaintiffs/Appellants.

John L. Norris, HOLLINS, WAGSTER & YARBROUGH, Nashville, Tennessee
Attorney for Defendant/Appellee.
                          
Judge:FARMER

First Paragraph:

The plaintiffs, Ginger C. Snead and James D. Snead, sued the
defendant, Lois A. Metts as a result of a vehicular accident which
occurred on July 22, 1994.  It is undisputed that the car driven by
Ms. Metts struck the car driven by Ms. Snead in the rear while the
Snead vehicle was stopped at a stop sign.  Ms. Snead sued for injuries
and damages and Mr. Snead sued for loss of consortium.

URL:http://www.tba.org/tba_files/TCA/sneadgc_opn.WP6
Opinion-Flash

FREDRIKA A. STEINER
vs.
THE PARMAN CORPORATION

Court:TCA

Attorneys:

Ben C. Fordham, #6408
HARWELL HOWARD HYNE GABBERT & MANNER, P.C.
1800 First American Center
315 Deaderick Street
Nashville, TN 37238
ATTORNEY FOR PLAINTIFF/APPELLANT

Glen L. Krause, #12691
BREWER, KRAUSE, BROOKS & MILLS
Suite 2600, The Tower
611 Commerce Street
Nashville, TN 37203
ATTORNEY FOR DEFENDANT/APPELLEE
                          
Judge:TODD

First Paragraph:


The plaintiff, Fredrika A. Steiner, has appealed from the summary
dismissal of her suit against the defendant, The Parman Corporation,
for damages for personal injury sustained in a fall on the premises of
defendant.

URL:http://www.tba.org/tba_files/TCA/steinerf_opn.WP6
URL:http://www.tba.org/tba_files/TCA/steiner_con.WP6
Opinion-Flash

CINDY L. STUBBS
vs.
WOODROW W. STUBBS, III

Court:TCA

Attorneys:

STEPHEN C. CROFFORD
Nashville, Tennessee
Attorney for Appellant

BRUCE MOSS
CONLEY CAMPBELL MOSS SMITH
Union City, Tennessee
Attorney for Appellee
                          
Judge:HIGHERS

First Paragraph:

Plaintiff, Woodrow Wilson Stubbs III ("Father"), appeals the trial
court's order in favor of Cindy Stubbs ("Mother") dismissing his
petition to change custody.  For reasons hereinafter stated, we affirm
the trial court's judgment and remand to the trial court for a
determination of the amount of attorney's fees to award Mother as
necessitated by this appeal.

URL:http://www.tba.org/tba_files/TCA/stubbscl_opn.WP6
Opinion-Flash

ANTONIO SWEATT
vs.
ROBERT CONLEY, Warden, WILLIAM  
CALHOUN, Unit Manager, DALE     
BASHAM, Inmate Relations Coordinator,   
SHELIA ROBERTS, Counsel, HATTIE 
MOORE, Inmate Relations Coordinator,    
EDNA FREEMAN, Health Administrator, 
DR. HAROLD BUTLER, Medical Physician

Court:TCA

Attorneys:

MR. ANTONIO SWEATT, PRO SE
TDOC #143176
L.C.R.C.F.
Rt. #1, Box #330
Tiptonville, Tennessee 38079

JOHN KNOX WALKUP
Attorney General & Reporter
ABIGAIL TURNER
Assistant Attorney General
Civil Rights & Claims Division
2nd Floor Cordell Hull Building
425 Fifth Avenue North
Nashville, Tennessee 37243-0488
ATTORNEY FOR RESPONDENTS/APPELLEES, ROBERT CONLEY, WILLIAM CALHOUN,
DALE BASHAM, SHELIA ROBERTS, HATTIE MOORE, AND EDNA FREEMAN

C. HAYES COONEY
Watkins, McGugin, McNeilly & Rowan, P.L.L.C.
214 2nd Avenue North, Suite 300
Nashville, Tennessee 37201-1638
ATTORNEY FOR RESPONDENT/APPELLEE, DR. HAROLD BUTLER
                          
Judge:LEWIS

First Paragraph:

This is an appeal by petitioner/appellant, Antonio Sweatt, from an
order of the Davidson County Chancery Court dismissing Appellant's
petition against respondents/appellees Robert Conley, William Calhoun,
Dale Basham, Shelia Roberts, Hattie Moore, Edna Freeman, and Dr.
Harold Butler.  The chancery court dismissed Appellant's petition with
prejudice after determining Appellant failed to state a claim upon
which relief could be granted.

URL:http://www.tba.org/tba_files/TCA/SWEATTA_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE o/b/o        
JUANITA WHITEHEAD
vs.
MATTIE (WHITEHEAD) THOMPSON

Court:TCA

Attorneys:

For Plaintiff/Appellee:                 For Defendant/Appellant:

John Knox Walkup                        David Kozlowski
Attorney General and Reporter           Columbia, Tennessee 

James H. Tucker, Jr.
Assistant Attorney General
                          
Judge:KOCH

First Paragraph:

This appeal involves a trial court's authority to enter and enforce a
child support award when proceedings involving the child were already
pending in another court.  After the Wayne County Juvenile Court gave
custody of the child to the State in a dependent and neglect
proceeding, the Department of Human Services filed separate petitions
in the Chancery Court for Wayne County seeking to require the child's
divorced parents to pay child support.  The trial court directed both
parents to pay child support to the State.  After the State's repeated
efforts over five years to require the mother to pay child support,
she questioned the trial court's subject matter jurisdiction because
the dependent and neglect proceeding was still pending in the juvenile
court.  The trial court denied the mother's motion to dismiss, and on
this appeal, the mother renews her claim that the trial court should
have deferred to the juvenile court.  We agree and, therefore, reverse
the order denying the mother's motion to dismiss.

URL:http://www.tba.org/tba_files/TCA/whitehdj_opn.WP6
Opinion-Flash

AARON WARNER BOLTON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

William C. Barnes, Jr.          Charles W. Burson
P.O. Box 552                    Attorney General of Tennessee
Columbia, TN 38402              and
                                Amy L. Tarkington
                                Asst Attorney General of Tennessee                              450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                T. Michael Bottoms
                                District Attorney General
                                P.O. Box 1619
                                Columbia, TN 34802
                          
Judge:Tipton

First Paragraph:

The petitioner, Aaron Warner Bolton, appeals as of right from the
Maury County Circuit Court's denial of his petition for
post-conviction relief.  He is presently serving an effective sentence
of sixty-six years in the custody of the Department of Correction for
various convictions involving drug felonies, possession of counterfeit
money, and keeping a gambling room or table.  He contends that his
convictions and sentences result from the ineffective assistance of
counsel.  We disagree.

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

RODNEY CAROTHERS
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

RODNEY CAROTHERS, pro se        JOHN KNOX WALKUP 
#223901, SCCF/CCA               Attorney General & Reporter
P.O. Box 279 
Clifton, TN  38425              ELLEN H. POLLACK
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                VICTOR S. JOHNSON, III
                                District Attorney General

                                NICK BAILEY 
                                Assistant District Attorney General
                                Washington Square, Suite 500 
                                222 Second Avenue South
                                Nashville, TN  37201 
                         
Judge:WOODALL

First Paragraph:

The Petitioner, Rodney Carothers, appeals the order of the Davidson
County Criminal Court dismissing his pro se petition for
post-conviction relief.  The trial court found that the petition was
filed outside the statute of limitations.  In this appeal, Petitioner
raises numerous issues which can collectively be summarized as
challenging the trial court's ruling that his petition for post
conviction relief is time-barred.  After a review of the record, we
affirm the trial court's denial of post-conviction relief.

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

STATE OF TENNESSEE
vs.
PAM COSTA

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

CHARLES R. RAY              JOHN KNOX WALKUP
Ray and Housch              Attorney General and Reporter
211 Third Avenue North
Nashville, TN 37219         REBECCA LYFORD
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243

                            VICTOR S. JOHNSON
                            District Attorney General

                            LILA STATOM
                            Assistant District Attorney
                            222 Second Avenue North
                            Nashville, TN 37201-1649

                          
Judge:SMITH

First Paragraph:

Appellant Pam Costa appeals as of right from a June 23, 1995 order
denying her Motion to Modify Sentence.  On April 11, 1994, Appellant
pled guilty to rape of a minor and received a twelve year sentence. 
At the second evidentiary hearing on Appellant's motion, counsel for
Appellant requested that he be allowed to make an offer of proof.  The
presiding judge denied counsel's request.  The issue presented by
Appellant is whether the trial court erred in denying Appellant's
request to make an offer of proof.

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

STATE OF TENNESSEE  
vs.
JAMES OLIVER GRAYLESS

Court:TCCA

Attorneys:

FOR THE APPELLANT:

Kenneth L. Miller
Attorney at Law
30 Second Street, N.W.
Post Office Box 191
Cleveland, Tn. 37364-0191

FOR THE APPELLEE:

Charles W. Burson
Attorney General and
Hunt S. Brown
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tn. 37243  

Jerry N. Estes
District Attorney General
and
Joe A. Reyhansky
Assistant District Attorney
P.O. Box 1351
Cleveland, Tn. 37364-1351                          

Judge:LEE

First Paragraph:

The defendant, James Oliver Grayless, entered a guilty plea in the
Criminal Court of Bradley County for Driving Under the Influence
Second Offense. He received a sentence of eleven months and
twenty-nine days with forty five days to serve and was placed on
probation for the balance of his sentence. In addition to this he was
ordered to pay a five hundred dollar fine.  The defendant appeals as
of right upon a certified question of search and seizure law that is
dispositive of his case. See T.R.A.P. 3(b); Tenn. R. Crim. P. 37(b).

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

STATE OF TENNESSEE
vs.
JOSEPH PATTERSON

Court:TCCA

Attorneys: 

For Appellant:                  For Appellee:

Michael R. Jones                Charles W. Burson           
Public Defender                 Attorney General and Reporter
Nineteenth District         
110 Sixth Avenue, West          Daryl J. Brand  
Springfield, TN  37172          Assistant Attorney General
                                Criminal Justice Division 
                                450 James Robertson Parkway
                                Nashville, TN  37243-0493

                                Dent Morriss 
                                Asst District Attorney General
                                500 South Main Street       
                                Springfield, TN  37172 
                                 
Judge:WADE

First Paragraph:

The defendant, Joseph Patterson, entered pleas of guilt to three
counts of passing a forged instrument.  The trial court imposed Range
III, four-year sentences on each count, all of which are to be served
concurrently in the Department of Correction.  At the time of
sentencing, the defendant had approximately eight months in jail
credits.

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

KENNETH LEE PIPKIN
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Shipp R. Weems                  John Knox Walkup
District Public Defender        Attorney General and Reporter
                            
Robbie T. Beal                  Peter M. Coughlan       
Assistant Public Defender       Assistant Attorney General
P.O. Box 160                    450 James Robertson Parkway
Charlotte, TN 37036             Nashville, TN 37243-0493

                                Dan Mitchum Alsobrooks
                                District Attorney General

                                George Sexton
                                Assistant District Attorney
                                Humphrey County Courthouse
                                Waverly, TN 37185
Judge:Barker

First Paragraph:

The appellant, Kenneth Lee Pipkin, appeals as of right the denial of
his post conviction petition by the Stewart County Circuit Court.  On
appeal, he contends that his trial counsel was ineffective: (1) for
failing to remove a biased juror from the jury panel; (2) for failing
to challenge the qualifications of an expert witness; (3) for failing
to thoroughly cross-examine a witness; (4) for seeking a continuance
of the case which was prejudicial to appellant; and (5) for failing to
properly inform appellant about his right to appeal.  We conclude that
counsel was ineffective in advising appellant about pursuing an
appeal, thus resulting in a waiver of that right which was not
voluntary or knowing.  Therefore, we grant appellant the opportunity
to pursue a delayed appeal.  In all other respects, we affirm the
trial court.

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

STATE OF TENNESSEE
vs.
WINFORD LEE PIPKIN

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

DAVID COLLINS                   JOHN KNOX WALKUP 
211 Printers Alley Bldg.        Attorney General & Reporter
Fourth Floor 
Nashville, TN  37201            KAREN M. YACUZZO
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                VICTOR S. JOHNSON, III
                                District Attorney General

                                WILLIAM REED
                                Asst District Attorney General
                                Washington Square, Suite 500 
                                222 Second Avenue South
                                Nashville, TN  37201 
                          
Judge:WOODALL

First Paragraph:

The Defendant, Winford Lee Pipkin, was convicted of one (1) count of
especially aggravated kidnapping and five (5) counts of rape of a
child following a jury trial in the Criminal Court of Davidson County.

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

STATE OF TENNESSEE
vs.
AUSTIN KIPLING STRATTON

Court:TCCA

Attorneys:

FOR THE APPELLANT:

R. N. (BO) TAYLOR (Appeal)
112 Long Hollow Pike
Suite 206
Goodlettsville, TN 37072

JAMES M. JOHNSON (Trial Court)
112 Frey Street
Ashland City, TN 37015-1806
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

DARYL J. BRAND
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN  37243-0493

DAN M. ALSOBROOKS
District Attorney General

SUZANNE M. LOCKERT
Assistant District Attorney General
P. O. Box 580 
Charlotte, TN 37036-0580                          

Judge:RILEY

First Paragraph:

Defendant, Austin Kipling Stratton, seeks review of his consecutive
sentences totaling twenty (20) years for various drug offenses.  The
sentences resulted from a plea of guilty.  We find that the notice of
appeal was untimely filed, and no relief is merited under Tenn. R.
Crim. P. 35(b).  Accordingly, we affirm the judgment of the trial
court.

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

STATE OF TENNESSEE
vs.
DANIEL WILSON

Court:TCCA

Attorneys:
    
FOR THE APPELLANT:                  FOR THE APPELLEE:

SHAWN G. GRAHAM                     JOHN KNOX WALKUP
Asst District Public Defender       Attorney General & Reporter
419 High St.
Maryville, TN 37804                 MARVIN E. CLEMENTS, JR.
                                    Assistant Attorney General
                                    Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493    

                                    MICHAEL L. FLYNN
                                    District Attorney General
                        
                                    PHILIP MORTON
                                    Asst District Attorney General
                                    363 Court St.
                                    Maryville, TN 37804-5906
                          
Judge:WITT

First Paragraph:

Daniel Wilson, the appellant, appeals pursuant to Rule 3 of the
Tennessee Rules of Criminal Procedure from the trial court's
revocation of his probation.  This is his third violation of
probation.  The gravamen of his complaint is that the trial court
abused its discretion in ordering him to serve his sentence in
incarceration.

URL:http://www.tba.org/tba_files/TCCA/wilsond_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