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
- 00-New Opinons From TSC-Workers Comp Panel
- 03-New Opinons From TCA
- 07-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
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 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 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 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 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 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 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 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 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 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
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