TBALink Opinion-Flash

January 12, 1998 -- Volume #4 -- Number #007

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
09-New Opinons From TCCA

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George Dean
TBALink Chief Editor


LJB, INC., d/b/a LAUREL WOOD    
FARM, a Tennessee Corporation,  
and LAWRENCE J. BANNIER
VS.
BUFORD L. CRAIG,            
GLEN L. CRAIG,              
SOUTHERN GARDEN         
DESIGNS, INC.,              
GLEN L. CRAIG, d/b/a            
BUFORD L. CRAIG GENERAL 
CONTRACTORS, INC., and      
SOUTHERN GARDEN DESIGNS,    
INC., d/b/a                 
NORTH RIVER NURSERY

Court:TCA

Attorneys: 

W. Gerald Tidwell, Jr., Chattanooga, for the Appellants.

H. Owen Maddux, Chattanooga, for the Appellees.
                         
Judge:INMAN

First Paragraph:

This is an action for damages for breach of contract involving the
sale  of the assets of a corporation doing business as North River
Nursery in Chattanooga.

URL:http://www.tba.org/tba_files/TCA/ljb2_ca3.WP6
Opinion-Flash

ROBERT J. McCURLEY
PATRICIA G. McCURLEY,
VS.
CITY OF JACKSON, TENNESSEE; 
CHARLES FARMER, Mayor for the   
City of Jackson, Tennessee; and J. B.   
GLASSMAN and wife, BRENDA   
GLASSMAN
And 
HAROLD ANGUS

Court:TCA

Attorneys:

Phillip L. Davidson, Nashville, Tennessee
Attorney for Defendant/Appellant Harold Angus.

Jesse H. Ford, III, Jackson, Tennessee
John Van den Bosch, Jr., Jackson, Tennessee
Attorney for Plaintiffs/Appellees.
                          
Judge:FARMER

First Paragraph:

This is an action in negligence arising out of the June 1993 acts of
the appellant, Harold Angus, in demolishing the "Glassman" building,
located at 111 North Highland Avenue in Jackson, pursuant to a
contract with the city.  Angus' demolition of the building, which had
been declared condemned by the city code, is not disputed.  Nor is it
disputed that, as a result of the building's demolition, damage was
sustained to the building located adjacent thereto, identified as the
"Carmen's"  building, and owned by the appellees, Robert J. McCurley
and wife, Patricia G. McCurley. The two buildings shared a common
"party wall."  At issue in this case is whether Angus was negligent in
its demolition of the Glassman building so as to be held legally
accountable to the McCurleys for the damages they sustained.  The case
proceeded to a trial by jury where, at the close of all proof, the
trial court directed a verdict in favor of the appellees on the issue
of liability.  Angus has appealed challenging the correctness of the
trial judge's decision in this regard.  For the reasons hereinafter
stated, we reverse and remand for a new trial.

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

STATE OF TENNESSEE
VS.
ROBERT BACON

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

JAMES A. NIDIFFER           JOHN KNOX WALKUP
201 W. Watauga Avenue       Attorney General and Reporter
P.O. Box 118
Johnson City, TN 37605      TIMOTHY F. BEHAN
                            Assistant Attorney General
                            425 5th Avenue North
                            Nashville, TN 37243

                            GREELEY WELLS
                            District Attorney General

                            TERESA MURRAY-SMITH
                            Asst District Attorney General
                            Blountville, TN 37617
                          
Judge:WELLES

First Paragraph:

This is an appeal as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure.  The Defendant, Robert Bacon, was
convicted by a Sullivan County jury of rape.  He was sentenced as a
Range I, standard offender to eight years and fined twenty-five
hundred dollars ($2500.00).   He was ordered to serve his sentence in
community corrections.

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

STATE OF TENNESSEE
VS.
MICHAEL A. CRAWFORD

Court:TCCA

Attorneys: 

For Appellant:                  For Appellee:

Gregory D. Smith                John Knox Walkup
Attorney                        Attorney General and Reporter
One Public Square, Ste. 321
Clarksville, TN  37040          Georgia Blythe Felner
(on appeal)                     Counsel for the State 
                                450 James Robertson Parkway
Richard Tate                    Nashville, TN  37243-0493
Asst. Public Defender 
266 Blountville Bypass          H. Greeley Wells, Jr. 
Blountville, TN  37617          District Attorney General
(at trial)                      and
                                Barry Staubus 
                                Asst District Attorney General
                                140 Blountville Bypass
                                Blountville, TN  37617                         

Judge:WADE

First Paragraph:

The defendant, Michael Anthony Crawford, was indicted for attempted
second degree murder.  Tenn. Code Ann. S 39-13-210.  The jury returned
a verdict of guilt for the lesser included offense of aggravated
assault, a Class C felony.  Tenn. Code Ann. S 39-13-102.  The trial
court imposed a Range II, ten-year sentence.  There was a fine of
$10,000.00.

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

STATE OF TENNESSEE
VS.
RONALD K. KELLER

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Raymond Mack Garner             John Knox Walkup
District Public Defender        Attorney General & Reporter
419 High Street                 500 Charlotte Avenue
Maryville, TN 37804             Nashville, TN 37243-0497

                                Peter M. Coughlan
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                Michael L. Flynn
                                District Attorney General
                                Blount County Courthouse
                                363 Court Street
                                Maryville, TN 37804-5906

                                Edward P. Bailey, Jr.
                                Asst District Attorney General
                                Blount County Courthouse
                                363 Court Street
                                Maryville, TN 37804-5906                          

Judge:Jones

First Paragraph:

The appellant, Ronald K. Keller (defendant), was convicted of
nonsupport, a Class A misdemeanor, following a bench trial.  The trial
court sentenced the defendant to confinement for eleven months and
twenty-nine days in the Blount County Jail.  In this court, the
defendant contends (a) the evidence contained in the record is
insufficient, as a matter of law, to support his conviction because
the State of Tennessee failed to prove beyond a reasonable doubt that
he had sufficient funds to pay child support when the support was due;
and (b) the record establishes he honestly believed his obligation to
pay child support had been terminated because three of his children
had been adopted by their stepfather.  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 affirmed.

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

STATE OF TENNESSEE
VS.
HERMAN MONTRELL MARTIN

Court:TCCA

Attorneys:

FOR THE APPELLANT:

GEORGE MARTIN GOOGE
District Public Defender

DANIEL J. TAYLOR
Assistant Public Defender
227 W. Baltimore Street
Jackson, TN  38301-6137

FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

CLINTON J. MORGAN
Assistant Attorney General
Cordell Hull Bldg. - 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

JAMES G. WOODALL
District Attorney General

LAWRENCE E. NICOLA
Assistant District Attorney General
225 Martin Luther King Dr.
P. O. Box 2825
Jackson, TN  38302-2825                          

Judge:RILEY

First Paragraph:

Herman Montrell Martin, the defendant, appeals the revocation of his
probation by the Madison County Circuit Court.  The sole issue
presented for our review is whether the trial court erred in revoking
probation.  We AFFIRM the judgment of the trial court pursuant to Rule
20 of the Tennessee Court of Criminal Appeals.

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

STATE OF TENNESSEE
VS.
ANDREA D. MILES

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

CHARLES E. WALDMAN          JOHN KNOX WALKUP
147 Jefferson Avenue        Attorney General and Reporter
Suite 1102
Memphis, TN 38103           ELLEN H. POLLACK
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243

                            WILLIAM L. GIBBONS
                            District Attorney General
    
                            JERRY C. BEASLEY, JR.
                            JERRY HARRIS
                            Assistant District Attorneys
                            201 Poplar Avenue - 3rd Floor
                            Memphis, TN 38103
                         
Judge:SMITH

First Paragraph:

Appellant Andrea D. Miles was convicted on August 11, 1995 in the
Shelby County Criminal Court of murder in the first degree.  She
received a sentence of life imprisonment with the Tennessee Department
of Corrections.  Additionally, the court imposed a fine of $50.00 to
be paid to the Criminal Injuries Compensation Fund.  Appellant
presents three issues for our consideration on this direct appeal: 
(1) whether the evidence was sufficient to sustain Appellant's
conviction for first degree murder; (2) whether the trial court erred
in failing to instruct the jury regarding post traumatic stress
disorder; and (3) whether the prosecution failed to carry its burden
of proving that Appellant was sane at the time the offense was
committed.

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

DENNIS P. NEILAN
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT               FOR THE APPELLEE

James W. Greenlee               John Knox Walkup
118 Bruce Street                Attorney General and Reporter
Sevierville, Tennessee 37862    
                                Michael J. Fahey, II
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, Tennessee 37243-0493
                                                    
                                G. Scott Green
                                Assistant District Attorney

                                Al Schmutzer                                        
                                District Attorney General
                                Ste 301, Sevier County Courthouse
                                Sevierville, Tennessee 37862
                          
Judge:Barker

First Paragraph:

The appellant, Dennis P. Neilan, appeals from the judgment of the
Sevier County Circuit Court which dismissed, without hearing, his
petition seeking post conviction relief.  We affirm the trial court
pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal
Appeals.

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

STATE OF TENNESSEE
vs.
JOE HENRY SMITH

Court:TCCA

Attorneys:

For Appellant:                      For Appellee:

Ardena J. Garth                     John Knox Walkup
District Public Defender            Attorney General and Reporter
Eleventh Judicial District          
        
Donna Robinson Miller               Clinton J. Morgan
Asst District Public Defender       Counsel for the State 
Suite 300, 701 Cherry Street        450 James Robertson Parkway
Chattanooga, TN  37402              Nashville, TN  37243-0493
(on appeal)
                                    Barry Steelman
Cynthia Lecroy-Schemel              Asst District Attorney General
Asst District Public Defender       Ste 300, 600 Market Street
Suite 300, 701 Cherry Street        Chattanooga, TN  37402
Chattanooga, TN  37402
(at trial)
                          
Judge:WADE

First Paragraph:

The defendant, Joe Henry Smith, was indicted for aggravated robbery. 
He then entered into a plea agreement whereby he pled guilty to simple
robbery and accepted a Range I, six-year sentence.  The trial court
denied probation.  In this appeal of right, the defendant complains
that the trial court should have granted probation or an alternative
sentence.

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

RUSSELL STRADER, JR.
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For Appellant:                  For Appellee:

Russell Strader, Jr.            John Knox Walkup
Pro Se                          Attorney General and Reporter
No. 093164                      450 James Robertson Parkway
M.C.R.C.F., P.O. Box 2000       Nashville, TN  37243-0493
Wartburg, TN  37887-2000
                                Timothy F. Behan
                                Assistant Attorney General
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN  37243-0493

                                J. Michael Taylor
                                District Attorney General
                                Third Floor
                                First American Bank Building         
                                Dayton, TN  37321
                          
Judge:WADE

First Paragraph:

The petitioner, Russell Strader, Jr., appeals the trial court's
dismissal of his petition for post-conviction relief.

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

STATE OF TENNESSEE
vs.
LADANIEL RAY WILLIAMS

Court:TCCA

Attorneys:

For Appellant:                      For Appellee:

D'Artagnan H. (Chip) Perry          John Knox Walkup
Attorney                            Attorney General and Reporter
1910 First Tennessee Plaza          
800 South Gay Street                Marvin E. Clements, Jr.
Knoxville, TN  37902                Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN  37243-0493

                                    Randall E. Nichols
                                    District Attorney General

                                    Fred Bright and Willie Harper
                                    Asst. District Attorneys General
                                    City-County Building 
                                    Knoxville, TN  37902
                          
Judge:WADE

First Paragraph:

The defendant, LaDaniel Ray Williams, entered a plea of guilt to
aggravated robbery.  The trial court imposed a Range I sentence of
eight years.  The single issue presented for our review is whether the
trial court erred by denying the defendant's request to be classified
as an especially mitigated offender.  We affirm the judgment of the
trial court.

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

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