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TBALink Opinion-Flash
March 3, 1998 -- Volume #4 -- Number #040
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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- 04-New Opinons From TCCA
- 01-New Opinons From TSC
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George Dean
TBALink Chief Editor
SANDRA SANDERS vs. DAVID W. LANIER AND STATE OF TENNESSEE Court:TSC Attorneys: FOR APPELLANT STATE OF: FOR APPELLEE TENNESSEE: Jerrold L. Becker John Knox Walkup Scarlett A. Beaty Attorney General & Reporter Lockridge, Becker & Valone, P.C. Knoxville Michael E. Moore Solicitor General Elizabeth Martin Assistant Attorney General Judge:HOLDER First Paragraph: The issue with which we are confronted is whether the State may be liable to a county employee for employment discrimination under the Tennessee Human Rights Act ("THRA") when the county employee is under the supervision of a state judge who commits quid pro quo sexual harassment against the county employee. The trial court answered the question in the negative holding that the State was not the plaintiff's employer under the THRA. The Court of Appeals reversed and held that the THRA imposed liability on the State under an economic realities test. For the reasons set forth in this opinion, we affirm as modified the appellate court's reversal of the trial court's judgment. URL:http://www.tba.org/tba_files/TSC/sanderss_opn.WP6
HAROLD P. COUSINS, d/b/a
COUSINS CONSTRUCTION
vs.
MK-FERGUSON OF OAK RIDGE
COMPANY
Court:TCA
Attorneys:
Brian C. Quist, Knoxville, for Appellant.
E. H. Rayson, William P. Snyder and John C. Burgin, Jr., Knoxville,
for Appellee.
Judge:INMAN
First Paragraph:
This is an action to recover profits the plaintiff contractor alleges
he would have made had he been allowed to construct an additional four
warehouses similar in design and usage to a fifth warehouse he
constructed and for which he was paid.
URL:http://www.tba.org/tba_files/TCA/cousins_ca3.WP6
STATE OF TENNESSEE
vs.
DAVID LEE BELLAMY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
STEPHEN M. WALLACE JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
GALE K. FLANARY TIMOTHY F. BEHAN
Asst. District Public Defender Assistant Attorney General
P.O. Box 839 Criminal Justice Division
Blountville, TN 37617 450 James Robertson Parkway
Nashville, TN 37243-0493
H. GREELEY WELLS, JR.
District Attorney General
JOSEPH EUGENE PERRIN
Asst. District Attorney General
P.O. Box 526
Blountville, TN 37617
Judge:WITT
First Paragraph:
The defendant, David Lee Bellamy, appeals his conviction of driving
under the influence, third offense. He was convicted in the Sullivan
County Criminal Court following a trial by a jury of his peers. The
trial court sentenced the defendant to eleven months and 29 days in
the county jail, with mandatory minimum service of 120 days, imposed a
$10,000 fine, and revoked the defendant's driving privileges for ten
years. In his direct appeal, the defendant raises challenges to the
sufficiency of the convicting evidence and the trial court's refusal
to instruct the jury that the vehicle which the defendant occupied at
the time of his arrest must have been "operational and capable of
being driven." Having reviewed the record and the parties' briefs, we
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/bellamyd_opn.WP6
STATE OF TENNESSEE
vs.
JENNIFER COLLINS
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Larry J. Campbell, Attorney John Knox Walkup
605 Lindsay Street Attorney General and Reporter
Chattanooga, TN 37403
Michael J. Fahey, II
Assistant Attorney General
425 Fifth Ave N. 2nd Floor
Cordell Hull Building
Nashville, TN 37243-0490
Barry A. Steelman
and
David W. Denny
Asst District Attorneys General
Hamilton County District
Attorney General's Office
600 Market Street, Suite 310
Chattanooga, TN 37402
Judge:WADE
First Paragraph:
The defendant, Jennifer Collins, was convicted of second degree
murder. The trial court imposed a Range I sentence of fifteen years.
URL:http://www.tba.org/tba_files/TCCA/collinsj_opn.WP6
RANDY HICKS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
RANDY HICKS JOHN KNOX WALKUP
Pro Se Attorney General & Reporter
N.E.C.C.
P.O. Box 5000 PETER M. COUGHLAN
Mountain City, TN 37683 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
JERRY N. ESTES
District Attorney General
Washington Ave.
Athens, TN 37303
Judge:WITT
First Paragraph:
Randy Hicks appeals the McMinn County Criminal Court's summary
dismissal of his "Motion for New Trial Based on Newly Discovered
Evidence Rule 22, FRCrP." The lower court considered this "motion"
under the law applicable to motions for new trial, petitions for writ
of error coram nobis, and petitions for post conviction relief, found
it without merit, and summarily dismissed Hicks's claim without
conducting a hearing. Hicks's underlying conviction is for criminal
facilitation of first degree murder, for which he is serving a 25 year
sentence. State v. Hicks, 835 S.W.2d 32 (Tenn. Crim. App. 1992). In
his pro se appellate brief, Hicks never directly attacks the lower
court's denial of his "motion," but he does raise several issues
relating to the admission of evidence, denial of a severance and the
sufficiency of the convicting evidence at his trial. He also filed
with his pro se appellate brief a document entitled Petition for Writ
of Error Coram Nobis, in which he alleges that the district attorney
knowingly and willfully submitted false evidence in his trial. Having
painstakingly reviewed the record and Hicks's brief, we affirm the
trial court's summary dismissal of the claim. Likewise, we find the
petition filed in this court proper for dismissal.
URL:http://www.tba.org/tba_files/TCCA/hicksr_opn.WP6
STATE OF TENNESSEE
vs.
SHIRLEY ADAMS ROGERS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MARK E. STEPHENS JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
PAULA R. VOSS TIMOTHY F. BEHAN
Assistant Public Defender Assistant Attorney General
2nd Floor, Cordell Hull Building
JOHN HALSTEAD 425 Fifth Avenue North
Assistant Public Defender Nashville, TN 37243
1209 Euclid Avenue
Knoxville, TN 37921 RANDALL E. NICHOLS
District Attorney General
CHARM JOHNSON
Asst District Attorney General
GREGG HARRISON
Asst District Attorney General
City-County Building, Suite 168
400 Main Street
Knoxville, TN 37902-2405
Judge:WOODALL
First Paragraph:
The Defendant, Shirley Adams Rogers, appeals as of right her
conviction of attempted second degree murder following a jury trial in
the Criminal Court of Knox County. The Knox County Grand Jury
indicted Defendant on two (2) counts of attempted first degree murder.
However, Defendant was found guilty of only one (1) count of
attempted second degree murder, and not guilty of the other indicted
charge. The trial court initially sentenced Defendant to eleven (11)
years as a Range I Standard Offender at 30 percent to be served in
custody. The trial court subsequently entered an amended judgment
following the hearing on the Motion for New Trial, reducing
Defendant's sentence to ten (10) years. Defendant raises two (2)
issues in this appeal: (1) whether the evidence is sufficient beyond a
reasonable doubt to support the conviction for attempted second degree
murder; and (2) whether the trial court committed sentencing errors.
We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/rogerssa_opn.WP6
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