TBALink Opinion-Flash

February 5, 1998 -- Volume #4 -- Number #023

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
03-New Opinons From TCA
07-New Opinons From TCCA

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JOHN D. LOCKRIDGE
VS.
MARY JANET WISE LOCKRIDGE

Court:TCA

Attorneys:

ROBERT L. CROSSLEY, Long, Ragsdale & Waters, P.C., Knoxville, for
Appellant.

DORIS C. ALLEN, Bernstein, Stair & McAdams, Knoxville, for Appellee.
                          
Judge:McMurray

First Paragraph:

In this post-divorce case, John D. Lockridge (husband) appeals the
trial court's judgment ordering him to pay $16,021.70 in educational
expenses incurred by his former wife, Janet Wise Lockridge (wife),
pursuant to a contractual agreement between them made shortly before
the divorce.  The husband also appeals the trial court's award of
attorney's fees to the wife in the amount of $20,552.57.  We affirm
the trial court's judgment in part and reverse in part.

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

McCALLIE CHIROPRACTIC CLINIC
INC., d/b/a McCALLIE HEALTH   
CENTER
VS.
ERWIN DINSMORE, Police          
Commissioner, and THE CITY OF   
CHATTANOOGA

Court:TCA

Attorneys:

DOUGLAS R. PIERCE and DEENA M. CHARDOFF, King & Ballow, Nashville, for
Appellant.

PHILLIP A. NOBLETT & RANDALL L. NELSON, City Attorney, Chattanooga,
for appellees.
                          
Judge:McMurray

First Paragraph:

The appellant (plaintiff) instituted this action against the appellees
(defendants) in an attempt to gain access to copies of police reports
of automobile accidents investigated by the Chattanooga Police
Department.  The plaintiff had requested by letter to inspect "[a]ll
traffic accident reports maintained by your department which relate to
any accident occurring within seven days preceding the date of this
letter."  The defendants had refused access to the plaintiff on the
theory that such accident reports are made confidential under the
provisions of T.C.A. SS 55-10-108, et seq.  The action was brought
pursuant to the provisions of The Tennessee Public Records Act
codified in T.C.A. SS 10-7-503, et seq.  The trial court denied relief
and this appeal resulted.  We affirm the judgment of the trial court.

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

UNDERGROUND II, INC., d/b/a     
THE BOILER ROOM 
VS.
THE CITY OF KNOXVILLE,          
TENNESSEE; VICTOR ASHE, MAYOR   
OF KNOXVILLE; PHILIP KEITH,     
CHIEF OF KNOXVILLE POLICE       
DEPARTMENT; LARRY COX; IVAN     
HARMON; CARLEEN MALONE; NICK    
PAULIS; WILLIAM POWELL; JACK C. 
SHARP; ED SHOUSE; JEAN TEAGUE;  
AND GARY UNDERWOOD, IN THEIR    
OFFICIAL CAPACITIES

Court:TCA

Attorneys:

JEROLD L. BECKER & SAMUEL W. BROWN, Lockridge, Becker & Valone, P.C.,
Knoxville, for appellant.

THOMAS VARLAN, Knoxville City Law Director, CHARLES SWANSON and
WILLIAM A. MYNATT, JR., Knoxville for appellees.
                          
Judge:McMurray

First Paragraph:

In this action the plaintiff-appellant (plaintiff) challenges the
validity of an ordinance of the City of Knoxville which prohibits the
practice of "brown bagging" (bringing your own alcoholic beverage)
into restaurants, clubs and businesses between the hours of 1:00 a.m.
and 6:00 a.m. Monday through Saturday and 1:00 a.m. to 12:00 p.m. on
Sundays.  It further makes it unlawful for businesses of any kind to
permit or allow any customer to "bring in, carry, possess, or consume
beer or alcoholic beverages"  during specified times as set out above.
 The proprietors of the designated places are also prohibited from
selling any non-intoxicating beverages to be mixed with and/or
consumed with alcoholic beverages between the designated times.  The
trial court upheld the validity of the ordinance.  We reverse the
trial court.

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

STATE OF TENNESSEE
VS.
STACY LYNN COLLIER

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

VANESSA P. BRYAN                JOHN KNOX WALKUP
Assistant Public Defender       Attorney General and Reporter
P.O. Box 68
Franklin, TN 37065              JANIS L. TURNER
                                Assistant Attorney General
                                425 5th Avenue North
                                Nashville, TN 37243

                                JOE D. BAUGH, JR.
                                District Attorney General

                                JOHN BARRINGER
                                Asst District Attorney General
                                P.O. Box 937
                                Franklin, TN 37065-0937
                                                  
Judge:WELLES

First Paragraph:

The Defendant, Stacy Lynn Collier, appeals as of right pursuant to
Rule 3 of the Tennessee Rules of Appellate Procedure.  She was
convicted by a Williamson County jury of driving under the influence
of an intoxicant ("DUI").  The trial court sentenced her to thirty
days in the county jail, all suspended except for forty-eight hours,
and eleven months and twenty-nine days of supervised probation.  The
trial court also imposed a fine of three hundred fifty dollars ($350),
revoked the Defendant's driver's license for one year, and ordered
that she use an ignition interlock during her probationary period.  In
this appeal, the Defendant argues that the evidence was legally
insufficient to support her conviction, that the trial court erred in
admitting the result of an Intoximeter 3000 breath test, and that the
trial court erred in admitting testimony concerning a horizontal gaze
nystagmus ("HGN") field sobriety test.  After reviewing the record, we
conclude that the Defendant's issues provide no basis for the reversal
of her conviction.  Accordingly, we affirm the judgment of the trial
court.

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

STATE OF TENNESSEE
VS.
ERIC MCKINNIE

Court:TCCA

Attorneys:

FOR THE APPELLANT:           FOR THE APPELLEE:
DAVID H. CRICHTON            JOHN KNOX WALKUP
P.O. Box 651                 Attorney General & Reporter
Bolivar, TN 38008
                             DEBORAH A. TULLIS
                             Assistant Attorney General
                             450 James Robertson Parkway
                             Nashville, TN 37243-0493

                             ELIZABETH T. RICE
                             Dist. Attorney General
                             302 Market Street
                             Somerville, TN 38068

                             JERRY NORWOOD
                             Asst. District Attorney General
                             302 Market Street
                             Somerville, TN 38068
                          

Judge:WITT

First Paragraph:

The defendant, Eric McKinnie, appeals the sentencing determination of
the Hardeman County Circuit Court.  After a jury convicted the
defendant of aggravated robbery, a Class B felony, the trial court
sentenced the defendant as a standard offender to a nine-year term of
incarceration.  We affirm the judgment of the trial court pursuant to
Court of Criminal Appeals Rule 20.

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

DENVER JOE MCMATH
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

JOSEPH L. PENROD                JOHN KNOX WALKUP
Assistant Public Defender       Attorney General and Reporter
128 North 2nd Street
P. O. Box 1208                  KAREN M. YACUZZO
Pulaski, TN 38478               Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243

                                MIKE BOTTOMS
                                District Attorney General

                                JAMES G. WHITE
                                District Attorney General
                                Lawrence County Courthouse
                                Lawrenceburg, TN 38464
                         
Judge:SMITH

First Paragraph:

Appellant, Denver Joe McMath, appeals from the dismissal of his
petition for habeas corpus relief in which he alleged his continued
incarceration was illegal because he had fully served the sentence
upon which he was being held.

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

MICHAEL EDWARD MINTHORN
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

Samuel F. Anderson              John Knox Walkup
Attorney at Law                 Attorney General & Reporter
2016 Eighth Avenue, South       425 Fifth Avenue, North
Nashville, TN 37204             Nashville, TN 37243-0497

                                Karen M. Yacuzzo 
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                William C. Whitsell, Jr.
                                District Attorney General
                                303 Rutherford County Judicial Bldg
                                Murfreesboro, TN 37130
                          

Judge:Jones

First Paragraph:

The appellant, Michael Edward Minthorn (petitioner), appeals as of
right from a judgment of the trial court summarily dismissing his
post-conviction action.  Three issues are presented for review.  The
petitioner contends (a) he "established colorable claims supporting
his petition for post-conviction relief," (b) the "trial court
committed reversible error when it failed to appoint legal counsel,
failed to allow Petitioner to amend his petition, and failed to
conduct an evidentiary hearing," and (c) "the trial court erred in
failing to follow  proper procedures under the Tennessee Post
Conviction Procedure Act."  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 in part and reversed in
part.

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

STATE OF TENNESSEE
vs.
MICHAEL G. ROSE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

E. Covington Johnson, Jr.           John Knox Walkup
Attorney at Law                     Attorney General & Reporter
136 Fourth Avenue, South            500 Charlotte Avenue
Franklin, TN 37065                  Nashville, TN 37243-0497

                                    Karen M. Yacuzzo
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    Joseph D. Baugh
                                    District Attorney General
                                    P.O. Box 937
                                    Franklin, TN 37065-0937

                                    Jeffrey P. Burks
                                    Asst District Atty General
                                    P.O. Box 937
                                    Franklin, TN 37065-0937
                          
Judge:Jones

First Paragraph:

The appellant, Michael G. Rose (defendant), was convicted of driving
while under the influence, second offense, a Class A misdemeanor, by a
jury of his peers.  The trial court sentenced the defendant to pay a
$1,500 fine and serve eleven months and twenty-nine days in the
Williamson County Jail.  The trial court suspended all but 180 days of
the sentence, and required the defendant to serve the balance of his
sentence on probation.  The court also revoked the defendant's license
for two years.  In this court, two issues are presented for review. 
The defendant contends (a) the evidence contained in the record will
not support a finding by a rational trier of fact that he is guilty of
driving while under the influence, and (b) the trial court committed
error of prejudicial dimensions by denying his motion to suppress
certain statements he made to a law enforcement officer.  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/rosemg_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
JASON M. WEISKOPF

Court:TCCA

Attorneys:

FOR THE APPELLANT:

LESLIE I. BALLIN
MARK A. MESLER
200 Jefferson Avenue, Suite 1250
Memphis, TN  38103


FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

ELIZABETH T. RYAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN  37243-0493

WILLIAM L. GIBBONS
District Attorney General

THOMAS D. HENDERSON
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN  38103                          

Judge:RILEY

First Paragraph:

Defendant, Jason M. Weiskopf, was convicted by a Shelby County jury of
premeditated first degree murder and sentenced to life imprisonment.

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

WOODROW WILSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:


JOHN T. CONNERS, III                JOHN KNOX WALKUP
P.O. Box 1451                       Attorney General & Reporter
Franklin, TN   37065-1451
                                    LISA A. NAYLOR
                                    Asst. Attorney General
                                    450 James Robertson Pkwy.                               
                                    Nashville, TN  37243-0493
                
                                    VICTOR S. JOHNSON, III
                                    District Attorney General
                          

Judge:PEAY

First Paragraph:

The petitioner entered a "best interest" guilty plea to two counts of
aggravated sexual battery on August 10, 1989.  Pursuant to his plea
bargain with the State, the trial court sentenced him to concurrent
twenty year terms of incarceration.  The petitioner took no direct
appeal but filed for post-conviction relief claiming that his plea was
not entered knowingly, voluntarily and understandingly, and that he
had received ineffective assistance of counsel in conjunction with his
plea.  Relief was denied on February 5, 1993, and this Court affirmed
the post-conviction court's action in Wilson v. State, 899 S.W.2d 648
(Tenn. Crim. App. 1994).  Our Supreme Court subsequently denied the
petitioner's request to appeal.

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

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