TBALink Opinion-Flash

December 12, 1997 -- Volume #3 -- Number #131

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):
00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
02-New Opinons From TCA
06-New Opinons From TCCA

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George Dean
TBALink Chief Editor


JOHN LEE NEWTON and,    
VICTORIA CARTER NEWTON
vs.
DENISE TINSLEY, Individually and as     
ADMINISTRATRIX OF THE   
ESTATE OF CARL THOMAS TINSLEY

Court:TCA

Attorneys:

Bruce A. Anderson,
Vonda M. Laughlin,
BUTLER, VINES AND BABB, P.L.L.C., Knoxville, Tennessee
Attorneys for Plaintiffs/Appellants.

Paul E. Dunn,
Dallas T. McRenolds, III 
DUNN, MacDONALD & COLEMAN, P.C., Knoxville, Tennessee
Janet L. Hogan, HOGAN & HOGAN, Knoxville, Tennessee
Attorneys for Defendant/Appellee.
                          
Judge:FARMER

First Paragraph:

Plaintiffs John Lee Newton and Victoria Carter Newton appeal the trial
court's order granting the motion for summary judgment filed by
Defendant/Appellee Denise Tinsley in her individual capacity.  We
affirm based on our conclusion that, under the facts of this case,
Tinsley owed no legal duty to prevent injury to the Newtons.

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

ROBIN MEDIA GROUP, INC.,    
A Tennessee Corporation d/b/a East  
Tennessee Cablevision,  
vs.
KENNETH M. SEATON,  
EAST COAST CABLEVISION, and 
THE CITY OF PIGEON FORGE, TENNESSEE

Court:TCA

Attorneys: 

Hugh B. Bright, Jr.,
Norman G. Templeton,
WOOLF, McCLANE, BRIGHT, ALLEN & CARPENTER, Knoxville, Tennessee
Attorney for Plaintiff/Appellant.

C. Dan Scott,
Katherine M. Hamilton,
SCOTT & ASSOCIATES, Sevierville, Tennessee
Attorney for Defendant/Appellee Kenneth M. Seaton.

Douglas S. Yates, BRABSON, YATES & HAMILTON, Sevierville, Tennessee
Attorney for Defendant/Appellee East Coast Cablevision.

Norma McGee Ogle, OGLE, WYNN & RADER, Sevierville, Tennessee
Attorney for Defendant/Appellee City of Pigeon Forge, Tennessee.
                         
Judge:FARMER

First Paragraph:

Plaintiff Robin Media Group, Inc., appeals the trial court's judgment
dismissing its claims for declaratory and injunctive relief against
Defendants/Appellees Kenneth M. Seaton, East Coast Television, and the
City of Pigeon Forge.  We affirm in part and reverse in part the trial
court's judgment based, inter alia, on East Coast's concession that
Robin Media had standing to maintain this action.

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

STATE OF TENNESSEE
vs.
CARLITO D. ADAMS

Court:TCCA

Attorneys:

For Appellant:                  For Appellee:

William D. Massey               John Knox Walkup 
3074 East Street                Attorney General and Reporter
Memphis, TN  38128
(on appeal)                     Karen M. Yacuzzo
                                Assistant Attorney General
Brett Stein                     450 James Robertson Parkway
236 Adams Avenue                Nashville, TN  37243-0493
Memphis, TN  38103
and                             John W. Campbell
Wayne Chastain                  Assistant Attorney General
147 Jefferson Avenue            Criminal Justice Complex, Ste. 301
Memphis, TN  38103              201 Poplar Street
(at trial)                      Memphis, TN  38103

                          
Judge:WADE

First Paragraph:

The defendant, Carlito D. Adams, was convicted of two counts of first
degree felony murder and two counts of attempted first degree felony
murder.  He received concurrent life sentences for the felony murder
convictions.  The trial court imposed Range I, fifteen and twenty-five
year sentences for the two attempted felony murder convictions, to be
served consecutively to each other and to his life sentences, for an
aggregate sentence of life plus forty years.

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

STATE OF TENNESSEE
vs.
HOWARD BROWN, ALIAS,        
DUNKER

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

Susan E. Shipley                Charles W. Burson
800 Gay Street                  Attorney General of Tennessee
1610 Plaza Tower                    and
Knoxville, TN 37929             Hunt S. Brown
                                Asst Attorney General of Tennessee                  
                                450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                Honorable Randall E. Nichols
                                District Attorney General
                                    and
                                Charme P. Johnson
                                Greg Harrison
                                Asst District Attorneys General
                                City County Building
                                Knoxville, TN 37902
                         
Judge:Tipton

First Paragraph:

The defendant, Howard Brown, alias, Dunker, appeals from his
conviction in the Knox County Criminal Court for aggravated rape, a
Class A felony.  He was sentenced as a Range I, standard offender to
twenty years to be served in the custody of the Department of
Correction.

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

STATE OF TENNESSEE
vs.
TRACEY PENDERGRASS

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

L. THOMAS AUSTIN                JOHN KNOX WALKUP
Attorney at Law                 Attorney General & Reporter
P.O. Box 666
Dunlap, TN  37327               SANDY R. COPOUS
                                Assistant Attorney General
                                425 Fifth Avenue North 
                                2nd Floor, Cordell Hull Building
                                Nashville, TN  37243

                                JAMES MICHAEL TAYLOR
                                District Attorney General

                                WILL DUNN 
                                Assistant District Attorney General
                                265 Third Avenue, Suite 300
                                Dayton, TN  37321                          

Judge:WOODALL

First Paragraph:

The Defendant, Tracey Pendergrass, appeals as of right pursuant to
Rule 3 of the Tennessee Rules of Appellate Procedure.  The Defendant
was convicted of aggravated child abuse following a jury trial in the
Circuit Court of Bledsoe County.  She was sentenced to ten years as a
Range I offender.  The Defendant argues the following five issues in
her appeal: (1) Whether the trial court abused its discretion when it
allowed family members to testify as to statements made by the minor
child several hours after he was injured; (2) whether the trial court
abused its discretion when it allowed the attending nurse to testify
as to statements made by the child which identified the Defendant as
the cause of the injury; (3) whether the trial court erred when it
neglected to include a lesser included offense in its charge to the
jury; (4) whether the trial court abused its discretion when it
refused to grant the Defendant's motion for a mistrial after four
jurors were allowed to use the telephone after the case was submitted
to the jury; and (5) whether the trial court erred when it imposed a
sentence of ten (10) years upon the Defendant.  For the reasons stated
below, we remand this case to the trial court for a hearing on the
issue of jury separation.

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

CHARLES R. SMITH
vs.
ALTON HESSON, WARDEN
Court:TCCA
                       
Judge:JONES

First Paragraph:

This matter is before the Court upon the state's motion to affirm the
judgment of the trial court in accordance with Rule 20, Rules of the
Court of Criminal Appeals.  In March 1991, the petitioner was indicted
on one count of rape and one count of sexual battery.  Though the
judgment is not contained in the record, it appears the petitioner was
subsequently convicted of rape and sexual battery, and received an
effective sentence of thirteen years.  On June 18, 1997, the
petitioner filed a petition for a writ of habeas corpus challenging
the sufficiency of the indictment entered against him.  The trial
court denied relief.

URL:http://www.tba.org/tba_files/TCCA/smith-c1_ord.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
CHARLES DAVID VANDERFORD

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

J. Daniel Freemon               John Knox Walkup
Attorney at Law                 Attorney General & Reporter
327 West Gaines Street          500 Charlotte Avenue
Lawrenceburg, TN 38464          Nashville, TN 37243-0497

                                Eugene J. Honea
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                G. Robert Radford
                                District Attorney General
                                P.O. Box 686
                                Huntingdon, TN 38344-0686

                                John W. Overton, Jr.
                                Asst District Attorney General
                                P.O. Box 484
                                Savannah, TN 38372
                         
Judge:Jones

First Paragraph:

The appellant, Charles David Vanderford (defendant), was convicted of
possessing over five grams of cocaine, a Class B felony, and
possessing more than .5 ounces of marijuana, a Class E felony, by a
jury of his peers.  The trial court found the defendant was a standard
offender and imposed the following Range I sentences: a fine of
$25,000 and confinement for nine (9) years in the Department of
Correction for possessing cocaine and a fine of $5,000 and confinement
for eighteen (18) months in the Department of Correction for
possessing marijuana. The sentences are to be served concurrently. 
The effective sentence imposed consisted of fines totaling $30,000 and
confinement for nine (9) years in the Department of Correction.

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

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