TBALink Opinion-Flash

February 13, 1998 -- Volume #4 -- Number #029

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
05-New Opinons From TCCA

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George Dean
TBALink Chief Editor


MILDRED ELAINE YOUNG DANIEL
vs.
JAMES WIRT DANIEL

Court:TCA

Attorneys:

STEPHEN R. LEFFLER
Memphis, Tennessee
Attorney for Appellant

DONNA M. FIELDS
ROBERT S. WEISS
Memphis, Tennessee
Attorneys for Appellee
                          
Judge:HIGHERS

First Paragraph:

Mildred Elaine Young Daniel (hereinafter, "Mrs. Daniel") filed a
complaint for divorce in the Shelby County Chancery Court on September
15, 1994.  Thereafter, James Wirt Daniel (hereinafter, "Mr. Daniel")
filed an answer, and the parties engaged in discovery.  The case was
set to be heard in January, 1996.  On January 22, 1996, the parties
through counsel appeared before the trial court and announced that
they had negotiated the settlement of some, though not all, of the
issues in the case.  Of particular importance, the parties stipulated
that they desired for the trial court to grant a divorce that day and
restore Mrs. Daniel's maiden name to her in light of the fact that she
had been diagnosed with terminal cancer.  In addition to the
foregoing, the parties also agreed to the division of some, though not
all, of the marital property.  On January 24, 1996, the trial court
entered an order styled "Final Decree of Divorce, Return of Maiden
Name, Announcement of Settlement as to Certain Property Rights and
Reservation of Certain Property Matters," which memorialized the
stipulations made at the January 22, 1996, hearing.

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

ROBERT B. MARTIN
vs.
UNION PLANTERS CORPORATION;
AND UNION PLANTERS NATIONAL BANK

Court:TCA

Attorneys: 

Jef Feibelman, Susan M. Clark; Burch, Porter & Johnson
of Memphis, For Appellant

J. Richard Buchignani, Ross Higman; Wyatt, Tarrant & Combs
of Memphis, For Appellees
                         
Judge:CRAWFORD

First Paragraph:

This is basically a contract interpretation case.  Although the
complaint of plaintiff, Robert D. Martin, against defendants, Union
Planters National Bank (UPNB) and Union Planters Corporation (UPC),
has other theories of recovery, the primary focus of the suit is for a
declaration of rights and obligations under the contract between the
parties and alternatively for plaintiff's recovery against the
defendants on the theories of unjust enrichment or quantum meruit.

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

TERESA MCGLOTHLIN and KATHY 
HELTON
vs.
BRISTOL OBSTETRICS,         
GYNECOLOGY and FAMILY       
PLANNING, INC.                                      
and                     
DR. GARY BOYLE

Court:TCA

Attorneys: 

TERRY C. FRYE, Bristol, VA, for Appellants.

CHARLES T. HERNDON, IV, HERNDON, COLEMAN, BRADING & McKEE, Johnson
City, for Appellees.
                         
Judge:Franks

First Paragraph:

Plaintiffs, mother and daughter, sued defendants, charging defendants
performed an abortion on daughter, in violation of T.C.A. S39-15-202,
and the doctor, in performing the abortion, was guilty of medical
malpractice and battery upon the daughter.

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

STATE OF TENNESSEE
vs.
STEVEN CULPS

Court:TCCA

Attorneys:

FOR THE APPELLANT:

GEORGE MORTON GOOGE
District Public Defender

VANESSA D. KING
(at trial and of counsel on appeal)
Assistant Public Defender
227 West Baltimore
Jackson, TN 38301-6137

GREGORY D. SMITH
(on appeal)
Contract Appellate Defender
One Public Sq., Suite 321
Clarksville, TN 37040
FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

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

JERRY WOODALL
District Attorney General

DONALD H. ALLEN
Assistant District Attorney General
225 Martin Luther King Dr.
P.O. Box 2825
Jackson, TN 38302-2825
                          
Judge:RILEY

First Paragraph:

The defendant, Steven Culps, appeals the Madison County Circuit
Court's order revoking his probation.  The sole issue presented for
review is whether the trial court erred in revoking his probation. 
The judgment of the trial court is affirmed.

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

STATE OF TENNESSEE
vs.
KEVIN R. HYMAN and  
KAREN D. RUSSELL

Court:TCCA

Attorneys: 

FOR BOTH APPELLANTS ON
APPEAL:

BENJAMIN F. HEAD
147 Jefferson, Suite 408
Memphis, Tennessee 38103-2234

FOR APPELLANT HYMAN
IN TRIAL Court:

MARVIN E. BALLIN
200 Jefferson Avenue, Ste. 1250
Memphis, TN 38103-2328

FOR APPELLANT RUSSELL
IN TRIAL Court:

WALTER L. BAILEY, JR.
200 Jefferson Avenue, Ste. 800
Memphis, TN 38103-2328

FORE$()()E7*JOHN KNOX WA?yAe
Attorney General and Reporter

DEBORAH A. TULLIS
Assistant Attorney General
Cordell Hull Bldg. - 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

WILLIAM L. GIBBONS
District Attorney General

J. ROBERT CARTER, JR.,
LORRAINE CRAIG
Asst. District Attorneys General
201 Poplar Avenue, Suite 301
Memphis, Tennessee 38103
                         
Judge:RILEY

First Paragraph:

This is an appeal from the denial of judicial diversion and total
probation.  Appellants, Kevin R. Hyman and Karen D. Russell, each pled
guilty to one count of Class D reckless aggravated assault.  The court
required thirty (30) days continuous incarceration with an additional
thirty (30) days to be served on weekends; a total of two (2) years
probation, six (6) months of which was to be intensive probation; one
year of house arrest; 200 hours of community service; a letter of
apology to the victim; and curfew for the entire two (2) years of
probation.

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

STATE OF TENNESSEE
vs.
KENNETH B. JOHNSON

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

MARK A. MESLER                      JOHN KNOX WALKUP
200 Jefferson Ave. Ste 1250         Attorney General & Reporter
Memphis, TN 38103
                                    KENNETH W. RUCKER
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-4351

                                    WILLIAM L. GIBBONS
                                    District Attorney General
                                    201 Poplar Avenue, Suite 3-01
                                    Memphis, TN 38103

                                    LEE V. COFFER
                                    Asst District Attorney General
                                    201 Poplar Avenue
                                    Memphis, TN 38103 
                          

Judge:WITT

First Paragraph:

The defendant, Kenneth B. Johnson, appeals the manner of the service
of his sentence as determined by the Shelby County Criminal Court.  He
was charged with three counts of forgery over $10,000.00, Class C
felonies.  Upon acceptance of his guilty plea, the trial court
sentenced the defendant to three years on each count, to run
concurrently, and imposed a fine of $500.00 on each count.  The
effective sentence of three years was ordered to be served through
periodic confinement consisting of a probationary period of four years
in conjunction with incarceration on 52 consecutive weekends during
the first year of probation.  During the remaining three years of the
probationary period, the defendant is to perform 100 hours of
community service.

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

STATE OF TENNESSEE
vs.
RAYMOND LEVI JONES, JR.

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

GEORGE MORTON GOOGE
(at trial and of counsel on appeal)
District Public Defender

STEPHEN P. SPRACHER
(at trial and hearing)
Assistant Public Defender
227 West Baltimore
Jackson, TN 38301-6137

CLIFFORD K. MCGOWN, JR.
(on appeal only)
113 North Court Square
P.O. Box 26
Waverly, TN 37185

FOR THE APPELLEE:

JOHN KNOX WALKUP
Attorney General and Reporter

ELIZABETH RYAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

JERRY WOODALL
District Attorney General

JAMES W. THOMPSON
Assistant District Attorney General
225 Martin Luther King Dr.
P.O. Box 2825
Jackson, TN 38302-2825                         

Judge:RILEY

First Paragraph:

The defendant, Raymond Levi Jones, Jr., appeals the Madison County
Circuit Court's order revoking his probation.  The sole issue
presented for review is whether the trial court erred in revoking his
probation.  The judgment of the trial court is affirmed.

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

RICKEY LEE NELSON
vs.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Paula Skahan                    Charles W. Burson
Attorney at Law                 Attorney General and Reporter
140 North Third Street  
Memphis, TN  38103              Kenneth W. Rucker
                                Assistant Attorney General                              
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493                
                        
                                William L. Gibbons
                                District Attorney General

                                Ms. Lorraine Craig
                                Asst. District Attorney General
                                Criminal Justice Complex
                                Suite 301, 201 Poplar St
                                Memphis, TN  38103
                          
Judge:Hayes

First Paragraph:

The appellant, Rickey Lee Nelson, appeals the denial of his petition
for post-conviction relief and denial of his motion requesting
state-funded DNA testing.  He is currently serving an effective
twenty-five year sentence in the Department of Correction, resulting
from his 1991 Shelby County convictions for robbery with a deadly
weapon, second degree burglary, and aggravated rape.   His convictions
were affirmed on direct appeal to this court.  See  State v. Nelson,
No. 02C01-9103-CR-00050 (Tenn. Crim. App. at Jackson, Oct. 2, 1991),
perm. to appeal denied, (Tenn. Feb. 24, 1992).  On June 15, 1993, the
appellant, proceeding pro se, filed the instant petition for
post-conviction relief.  On October 11, 1993, he filed a motion for
state-funded DNA testing.  After hearings on the merits of the motion
and the post-conviction petition, the trial court denied the relief
sought.  The issues presented in these proceedings are consolidated
for purposes of appeal.

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

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