TBALink Opinion-Flash

February 11, 1998 -- Volume #4 -- Number #027

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
01-New Opinons From TCCA

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George Dean
TBALink Chief Editor


DEAN EDWARD KNOLL
vs.
LEYSA ELAINE RADER KNOLL

Court:TCA

Attorneys:

VICTORIA H. BOWLING, Knoxville, ELBERT COOPER, Clinton, for Appellant.

DAIL R. CANTRELL, Cantrell, Pratt & Varsalona, Clinton, for Appellee.
                          
Judge:McMurray

First Paragraph:

In this divorce case, plaintiff, Dean Edward Knoll, (Father) appeals
the trial court's custody award of his three year old daughter,
Brittany, to Leysa Elaine Rader Knoll (Mother).  The trial court
awarded the father the divorce and the mother custody, granting the
father visitation of every other weekend, alternate major holidays,
and two weeks during the summer.  We affirm the judgment of the trial
court.

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

PATRICIA STEPHENS and husband
CHRIS STEPHENS
vs.
REVCO DISCOUNT DRUG         
CENTERS, INC.

Court:TCA

Attorneys:

JOHN P. NEWTON, JR., McGEHEE & NEWTON, Knoxville, for
Plaintiffs-Appellants.

BARRY K. MAXWELL and MARY JANE BORDEN, EGERTON, McAFEE, ARMISTEAD &
DAVIS, P.C., Knoxville, for Defendant-Appellee.
                          
Judge:Franks

First Paragraph:

In this action, the Trial Court granted summary judgment to defendant
on the basis that the cause of action was barred by the one-year
statute of limitations.  Plaintiffs have appealed.

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

THOMAS DEWAYNE WORLEY
vs.
STATE OF TENNESSEE,         
DEPT. OF CHILDREN'S SERVICES

Court:TCA

Attorneys:

LAURIE J. HADWYN, Chattanooga, for Appellant.

JOHN KNOX WALKUP, Attorney General and Reporter, and
DOUGLAS EARL DIMOND, Assistant Attorney General, Nashville, for
Appellee.
                          
Judge:Franks

First Paragraph:

The Juvenile Court terminated Appellant's parental rights to Samantha,
pursuant to Tennessee Code Annotated S36-1-113(g)(6).  Appellant
insists that since his parental rights were terminated solely on the
length of his criminal sentence  and his daughter's age, his
constitutional right to a parental relationship with his daughter are
impermissibly abrogated by this statute.

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

STATE OF TENNESSEE
vs.
JAMES ROBERT LOVINGOOD

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

MACK GARNER                     JOHN KNOX WALKUP 
District Public Defender        Attorney General & Reporter
419 High Street 
Maryville, TN  37804            PETER M. COUGHLAN 
                                Assistant Attorney General
                                2nd Fl. Cordell Hull Bldg
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                MICHAEL L. FLYNN
                                District Atty General for Blount Co.
                        
                                EDWARD P. BAILEY, JR. 
                                Asst District Attorney General
                                363 Court Street
                                Maryville, TN  37804

                                GREG W. EICHELMAN
                                District Atty General for Greene Co.

                                ERIC D. CHRISTIANSEN
                                Asst District Attorney General
                                NationsBank Building
                                Greeneville, TN  37743  
                          

Judge:WOODALL

First Paragraph:

The Defendant, James Robert Lovingood, pled guilty to twelve counts of
theft of various grades and one count of alteration of a
manufacturer's serial number in the Circuit Court of Blount County. 
By agreement, he was to receive a ten (10) year sentence with the
manner of service to be determined by the trial court.  The trial
court ordered Defendant to serve the sentence in the Department of
Correction.  Defendant also pled guilty to one count of theft over ten
thousand dollars ($10,000.00) in the Greene County Circuit Court.  The
agreed sentence in that case was ten (10) years to run concurrent with
the sentence for the Blount County convictions.  The State and the
Defendant had previously agreed that the Blount County trial court's
determination as to the manner of service of Defendant's sentence
would also determine the manner of service of Defendant's sentence in
Greene County. Therefore, the trial court in Greene County ordered the
ten (10) year sentence for the theft to be served in the Department of
Correction.   The Defendant appealed the sentencing orders of both
courts as of right regarding the manner of service of his sentences,
and his motion to consolidate the appeals was granted by this court. 
The Defendant argues that the trial courts erred in denying him
placement into the Community Corrections Program and requiring him to
serve his sentence in the Department of Correction.  We affirm the
judgments of the trial courts.

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

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