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.
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 01-New Opinons From TSC-Workers Comp Panel
- 11-New Opinons From TCA
- 08-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
BOBBY L. SMITH VS. LAUREN CONSTRUCTORS, INC., Court:TSC - Workers Comp Panel Judge:KILCREASE First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. URL:http://www.tba.org/tba_files/TSC_WCP/smithb_wc.WP6 DEROYAL INDUSTRIES, INC. VS. RUTH E. JOHNSON, COMMISSIONER OF REVENUE, STATE OF TENNESSEE Court:TCA Attorneys: John Knox Walkup and Sean P. Scally, Nashville, for the Appellant. Dale C. Allen and H. Bruce Guyton, Knoxville, for the Appellee. Judge:INMAN First Paragraph: This is a sales tax deficiency case. The taxpayer filed a determinative action in the Chancery Court of Claiborne County against the Commissioner of Revenue, who filed a motion to dismiss alleging improper venue. The motion was denied, and the case proceeded to judgment. The Commissioner appeals, insisting, inter alia, that the Chancellor erred in holding that Claiborne County was a proper venue. URL:http://www.tba.org/tba_files/TCA/deroyal_ca3.WP6 JANICE R. GRAVES and JOHN GRAVES VS. GRADY'S INC., LAMONTAGNE SELECTED WOOD FURNISHINGS, and RICHARDSON TURNER CONSTRUCTION CO. Court:TCA Attorneys: Philip Durand, Lars E. Schuller, and Andrew L. Colcotronis, Knoxville, for Appellants. Linda J. Hamilton Mowles, Knoxville, for Appellees Richardson Turner Construction Company. Terrill L. Adkins, Knoxville, for Appellee LaMontagne Selected Wood Finishings Judge:INMAN First Paragraph: This is the second appeal of this case. The first opinion is reported in 906 S.W.2d 463 (Tenn. App. 1995), to which we make reference for the basis and history of this litigation. The manufacturer of the offending booth, LaMontagne, and the general contractor, Richardson Turner, were dismissed by the trial court which held that the one-year statute of limitations barred the action since it was filed April 25, 1994 and the accident occurred November 13, 1992. URL:http://www.tba.org/tba_files/TCA/graves_ca3.WP6 TERESA ANN HUGHES HAREN VS. JAMES SKYLER HAREN Court:TCA Attorneys: ROGER E. JENNE, JENNE, SCOTT & BRYANT, Cleveland, for Plaintiff-Appellant. JAMES F. LOGAN, JR., LOGAN, THOMPSON, MILLER, BILBO, THOMPSON & FISHER, P.C., Cleveland, for Defendant-Appellee. Judge:Franks First Paragraph: In this divorce action the appeals focus on the Trial Judge's custody determination, the award of alimony and child support, and the division of marital assets. URL:http://www.tba.org/tba_files/TCA/harent_opn.WP6 VICKY HARVELL, as next friend of JEREMY TRAMMELL WILLIAMS VS. MARY WILLIAMS Court:TCA Attorneys: WILLIAM S. FLEMING 207 West Eighth Street P. O Box 90 Columbia, TN 38402-0090 Attorney for Plaintiff/Appellee JANET C. DAVEY 711 North Garden Street P. O. Box 631 Columbia, TN 38402-0631 Attorney for Defendant/Appellant Judge:CANTRELL First Paragraph: The trial court declared that a piece of residential property held in the name of the defendant was subject to the equitable remedy of a resulting trust for the benefit of her grandson. The defendant argues on appeal that the plaintiff was not entitled to such a remedy because he did not meet the required burden of proof, and because of the doctrine of unclean hands. We affirm the trial court. URL:http://www.tba.org/tba_files/TCA/harvellv_opn.WP6 DAVID HENSON and SARAH HENSON, Individually and as Parents and Next Friends of CASEY ERIN HENSON, a Minor VS. CARTER EXPRESS, INC.; ASTRO ENTERPRISES, INC.; and DONALD R. HURT VS. KASBAR NATIONAL INDUSTRIES, INC.; SATHER TRUCKING CORPORATION; and DANNY L. WARREN Court:TCA Attorneys: Charles J. Gearhiser and Michael A. Anderson, Chattanooga, and W. Charles Doerflinger, Lawrenceburg, for Plaintiffs. John T. Rice, Chattanooga, for Defendants Carter Express, Inc., Astro Enterprises, Inc., and Donald R. Hurt. Steven W. Keyt, Chattanooga, for Defendant Sather Trucking Corporation. Judge:INMAN First Paragraph: A jury awarded Casey Henson, age 15, $155,000.00 for damages for personal injuries she sustained in a traffic crash. URL:http://www.tba.org/tba_files/TCA/henson_ca3.WP6 ROBERT L. OGBURN VS. TENNESSEE DEPARTMENT OF CORRECTION, ET AL. Court:TCA Attorneys: ROBERT L. OGBURN Cold-Creek Correctional Facility B-3, Cell #38 Post Office Box 1000 Henning, Tennessee 38041-1000 Pro Se/Petitioner/Appellant JOHN KNOX WALKUP Attorney General and Reporter JOHN R. MILES Assistant Attorney General Cordell Hull Building, Second Floor 425 Fifth Avenue North Nashville, Tennessee 37243-0488 Attorney for Respondents/Appellees Judge:CANTRELL First Paragraph: An inmate in the Tennessee prison system sought a declaratory judgment that the Tennessee Department of Correction's Policy 502.02 was unconstitutional and that it was also unenforceable because it was not promulgated according to the Administrative Procedures Act. The Chancery Court of Davidson County dismissed the petitioner's claims. We affirm. URL:http://www.tba.org/tba_files/TCA/ogburnrl_opn.WP6 URL:http://www.tba.org/tba_files/TCA/ogburnrl_dis.WP6 DOROTHY RIDLEY VS. BARRY RIDLEY, and RODNEY WHEELER and SANDRA WHEELER Court:TCA Attorneys: For Appellant For Appellees Wheelers DEBRA L. HOUSE NO APPEARANCE Southeast Tennessee Legal Services Cleveland, Tennessee Judge:Susano First Paragraph: In this case, we must decide if the order of the trial court, from which this appeal is being pursued, is properly before us. Our review of the record persuades us that it is not. URL:http://www.tba.org/tba_files/TCA/ridleyd_opn.WP6 VICKY HARVELL, as next friend of JEREMY TRAMMELL WILLIAMS VS. MARY WILLIAMS Court:TCA Attorneys: WILLIAM S. FLEMING 207 West Eighth Street P. O Box 90 Columbia, TN 38402-0090 Attorney for Plaintiff/Appellee JANET C. DAVEY 711 North Garden Street P. O. Box 631 Columbia, TN 38402-0631 Attorney for Defendant/Appellant Judge:CANTRELL First Paragraph: The trial court declared that a piece of residential property held in the name of the defendant was subject to the equitable remedy of a resulting trust for the benefit of her grandson. The defendant argues on appeal that the plaintiff was not entitled to such a remedy because he did not meet the required burden of proof, and because of the doctrine of unclean hands. We affirm the trial court. URL:http://www.tba.org/tba_files/TCA/stinsong_opn.WP6 GEORGE STINSON, EDWARD D. LEWIS and GELSCO OF TENNESSEE, INC. VS. 138 FIFTH AVENUE SOUTH, INC., 138 FIFTH AVENUE SOUTH ASSOCIATES, L.P., ALBERT DEL FAVERO, JR., and METROPOLITAN DEVELOPMENT AND HOUSING AUTHORITY Court:TCA Judge:CANTRELL First Paragraph: I concur in the conclusion that paragraph 17 of the lease was not triggered by the sale from the lessors to MDHA. I am also of the opinion that the critical sentence beginning with "All damages awarded for such taking . . ." refers to a partial taking, because the damages are described later in the sentence as "compensation for diminution in value to the leasehold or to the fee of the property herein leased." A taking of the whole would not diminish the value of the leasehold or the fee; it would extinguish the leasehold and the fee and replace them with a monetary award. URL:http://www.tba.org/tba_files/TCA/stinsong_con.WP6 STATE OF TENNESSEE DEPARTMENT OF HUMAN SERVICES, JOSHUA A. WILLIAMSON VS. CHRISTINA SANDERS Court:TCA Attorneys: Jean Brown Dyer, Lenoir City, for Appellant. John R. Rosson, Jr., Knoxville, for Appellee. Judge:INMAN First Paragraph: An Order of Legitimation of the child of Joshua Allen Williamson and Christina Louise Sanders, born September 13, 1995 in West Germany, was entered on May 21, 1996. URL:http://www.tba.org/tba_files/TCA/willmson_ca3.WP6 MIKE ALLRED VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: KELLY WILLIAMS JOHN KNOX WALKUP P.O. Box 608 Attorney General and Reporter Livingston, TN 38570 DARYL J. BRAND Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 BILL GIBSON District Attorney General OWEN G. BURNETT Assistant District Attorney General 145 South Jefferson Avenue Cookeville, TN 38501 Judge:WELLES First Paragraph: The Petitioner, Terry Michael Allred, appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure the trial court's denial of his petition for post-conviction relief. He argues that (1) trial counsel rendered ineffective assistance, and that (2) he was prejudiced because the State failed to provide an audiotape regarding the offense for which he was charged until three days before his trial. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/allredtm_opn.WP6 FREDERICK A. AVERY VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARK J. FISHBURN JOHN KNOX WALKUP 100 Thompson Lane Attorney General & Reporter Nashville, TN 37211 CLINTON J. MORGAN Counsel for the State 425 Fifth Ave. N. 2nd Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General ROGER MOORE Asst. District Attorney General 500 Washington Sq. 222 2nd Ave. N. Nashville, TN 37201 Judge:PEAY First Paragraph: The petitioner filed for post-conviction relief on April 20, 1994; an amended petition was filed on November 15, 1995. In response to charges of felony murder, aggravated robbery, robbery, attempt to commit robbery, aggravated burglary, theft of property and aggravated assault, the petitioner pled guilty on August 13, 1993, to second-degree murder and to robbery. As part of the plea-bargain, the remaining charges were dismissed and he was sentenced to twenty-five years as a Range I standard offender on the murder charge and to a consecutive term of ten years as a Range II multiple offender on the robbery charge. The petitioner contends that his guilty pleas were the result of ineffective assistance of counsel and therefore not voluntarily, knowingly and intelligently made. After an evidentiary hearing, the court below denied relief. We affirm. URL:http://www.tba.org/tba_files/TCCA/averyfa_opn.WP6 STATE OF TENNESSEE VS. ROBERT CHADWELL BROTHERS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN B. MELTON, III JOHN KNOX WALKUP 120 East Main Street Attorney General & Reporter Nations Bank Building Third Floor EUGENE J. HONEA Murfreesboro, TN 37133-1336 Assistant Attorney General 2nd Floor, Cordell Hull Bldg 425 Fifth Avenue North Nashville, TN 37243 WILLIAM C. WHITESELL District Attorney General PAUL A. HOLCOMBE, III Asst District Attorney General Rutherford County Judicial Bldg. Third Floor Murfreesboro, TN 37130 Judge:WOODALL First Paragraph: The Defendant, Robert Chadwell Brothers, was convicted of assault following a jury trial in the Rutherford County Circuit Court. He was sentenced to serve eleven (11) months and twenty-nine (29) days, suspended after service of ninety (90) days in the workhouse. The court also ordered Defendant to pay restitution to the victim in the amount of $2,124.10. In his appeal as of right, Defendant argues two issues: (1) the trial court erred by failing to grant Defendant a new trial based upon the State's failure to comply with Defendant's discovery request and (2) the trial court erred by not reducing the amount of restitution ordered at the sentencing hearing. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/brothers_opn.WP6 DANIEL THOMAS HILL VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Daniel Thomas Hill, Pro Se John Knox Walkup #105808 Atty General & Reporter MCRCF Box 200 Clinton J. Morgan Wartburg, TN 37887 Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493 Victor S. Johnson, III District Attorney General Roger Moore Asst District Attorney General Washington Square, Suite 500 222-2nd Avenue North Nashville, TN 37201-1649 Judge:SUMMERS First Paragraph: The appellant, Daniel Thomas Hill, pled guilty to aggravated rape and armed robbery on September 30, 1985. On August 27, 1996 he filed a pro se petition for post-conviction relief, alleging six grounds for relief. On October 30, 1996 the trial court entered an order dismissing the petition, finding that grounds one through five in the petition were time barred and that issue six, regarding a defective indictment, was without merit. URL:http://www.tba.org/tba_files/TCCA/hilldant_opn.WP6 STATE OF TENNESSEE VS. GARY LOUIS MIGGIO Court:TCCA Attorneys: For Appellant: For Appellee: Peter D. Heil, Attorney John Knox Walkup P.O. Box 40651 Attorney General and Reporter Nashville, TN 37204 (on appeal) Daryl J. Brand Assistant Attorney General David E. Brandon, Attorney Criminal Justice Division 211 Third Avenue North 450 James Robertson Parkway Nashville, TN 37201 Nashville, TN 37243-0493 (at trial and on appeal) Jim Milam Asst District Attorney General Washington Sq. Bldg, Ste 500 222 Second Avenue North Nashville, TN 37201-1649 Judge:WADE First Paragraph: The defendant, Gary Louis Miggio, entered a plea of guilt to driving under the influence of an intoxicant, first offense. The trial court imposed a sentence of eleven months and twenty-nine days and suspended all but four days, which were to be served in jail. There was a $250.00 fine. The defendant reserved the right to appeal a certified question of law. Tenn. R. Crim. P. 37(b)(2). URL:http://www.tba.org/tba_files/TCCA/miggiogl_opn.WP6 CURTIS ANTHONY MILLER VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Jennie L. Brown John Knox Walkup 229 Summit Ridge Drive Attorney General & Reporter Nashville, TN 37215 Clinton J. Morgan Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493 Victor S. Johnson, III District Attorney General Roger Moore Asst District Atty General Washington Square, Suite 500 222-2nd Avenue North Nashville, TN 37201-1649 Judge:SUMMERS First Paragraph: The appellant, Curtis Anthony Miller, appeals the denial of post conviction relief. He was convicted of second degree murder in February 1993 and was sentenced to twenty years in prison. This Court affirmed his conviction in June 1994. In this post-conviction petition, the appellant's sole issue is that he was denied effective assistance of counsel. An evidentiary hearing was held on August 23, 1996, and the appellant was denied post-conviction relief. We affirm. URL:http://www.tba.org/tba_files/TCCA/millerca_opn.WP6 STATE OF TENNESSEE VS. ANTHONY TURNER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CAMPBELL SMOOT JOHN KNOX WALKUP Public Defender Attorney General and Reporter RACHEL E. WILLIS GEORGIA BLYTHE FELNER Assistant Public Defender Assistant Attorney General 605 East Carroll Street 425 5th Avenue North P.O. Box 260 Nashville, TN 37243 Tullahoma, TN 37388 C. MICHAEL LAYNE District Attorney General STEPHEN WEITZMAN Asst District Attorney General Manchester, TN 37355 Judge:WELLES First Paragraph: The Defendant appeals as of right from the judgment of the trial court which found him to be in violation of the terms of his community corrections sentence and ordered that the balance of his six-year sentence be served in the Department of Correction. The Defendant argues that the trial judge abused his discretion in ordering that the remainder of the Defendant's sentence be served in the Department of Correction. We disagree and affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/turnera_opn.WP6 STATE OF TENNESSEE VS. VENSON EARL WOODARD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM C. ROBERTS, JR. JOHN KNOX WALKUP Suite 1502, Parkway Towers Attorney General and Reporter Nashville, TN 37219 PETER M. COUGHLAN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 MIKE MCCOWN District Attorney General ROBERT G. CRIGLER Assistant District Attorney One Public Square, Ste. 300 Shelbyville, TN 37206-4211 Judge:SMITH First Paragraph: A Bedford County Circuit Court jury found Appellant Venson Woodard guilty of two counts of aggravated assault. As a Range II multiple offender, he received a sentence of nine years and eight months in the Tennessee Department of Correction. The trial court ordered the sentence to be served consecutive to a sentence for which Appellant was on parole at the time of the offense. In this appeal, Appellant presents the following issue for review: whether the trial court violated its duty to act as a thirteenth juror by refusing to grant Appellant's motion for a new trial. Specifically Appellant maintains the weight of the evidence shows he was acting in self-defense. URL:http://www.tba.org/tba_files/TCCA/woodardv_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