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.
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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 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 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 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 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 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 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 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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