-
TBALink Opinion-Flash
April 30, 1998 -- Volume #4 -- Number #070
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
- 06-New Opinons From TCA
- 09-New Opinons From TCCA
- 00-New Opinons From TSC
There are three ways to get the full opinion from the Web: (TBALink members only)
- Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text
version of the opinion.
- *NEW* Browse the Opinion List area of TBALink. This option will allow you
to download the original WP 6.0 document.
version of the opinion.
- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
George Dean
TBALink Chief Editor
ELIZABETH BRIGHT and THOMAS C. BRIGHT, III vs. SPAGHETTI WAREHOUSE, INC. Court:TCA Attorneys: ROGER W. DICKSON OF CHATTANOOGA FOR APPELLANT F. FERBER TRACY OF CHATTANOOGA FOR APPELLEE Judge:Goddard First Paragraph: Elizabeth Bright and Thomas C. Bright, III, appeal the dismissal of their case from the Circuit Court of Hamilton County. The Brights filed their lawsuit on August 11, 1995, claiming, inter alia, that Spaghetti Warehouse, Inc., had fraudulently induced them to form a corporation and purchase a Spaghetti Warehouse franchise. The Brights requested relief in the form of damages not to exceed $2.5 million, the trebling of actual damages in accordance with the Texas Deceptive Trade Practices - Consumer Protection Act, and attorney fees plus court costs and costs of collection. URL:http://www.tba.org/tba_files/TCA/brighte_opn.WP6
DEBBY W. CALKINS
vs.
JAMES C. CALKINS
Court:TCA
Attorneys:
Stephen K. Barrett, Knoxville, for Appellant.
William A. Mynatt, Jr., Knoxville, for Appellee.
Judge:INMAN
First Paragraph:
A final judgment of divorce was entered in Louisiana in June 1993,
which, inter alia, awarded the plaintiff custody of the children and
$1,050.00 monthly child support.
URL:http://www.tba.org/tba_files/TCA/calkins_ca3.WP6
DELPHIA M. GREENMAN
vs.
BYRON HUTCHINS
Court:TCA
Attorneys:
CHRISTOPHER VAN RIPER, Stuart & Van Riper, Clinton, for Appellant.
PAUL E. DUNN, CANDIS D. LASLEY, Dunn, MacDonald & Coleman, Knoxville,
and ROGER L. RIDENOUR, Ridenour, Ridenour & Fox, Clinton, for
Appellee.
Judge:INMAN
First Paragraph:
In this case, we are asked to review the propriety of the action of
the trial court in directing a verdict in favor of the defendant,
Byron Hutchins. The plaintiff, Delphia Greenman, alleged in her
complaint that the defendant, Byron Hutchins, was the driver of a
truck in which she was a passenger. She further alleged that as a
result of his negligence the truck was involved in an accident in
which she was injured.
URL:http://www.tba.org/tba_files/TCA/greenmnd_opn.WP6
FORTUNEE HOFFMAN
vs.
BARRY LYNN HOFFMAN
Court:TCA
Attorneys:
DAVID E. CAYWOOD and DARRELL D. BLANTON OF MEMPHIS FOR APPELLANT
WILLIAM H. HORTON OF CHATTANOOGA FOR APPELLEE
Judge:Goddard
First Paragraph:
Fortunee Hoffman and Barry Lynn Hoffman both appeal a divorce judgment
rendered by the Hamilton County Circuit Court.
URL:http://www.tba.org/tba_files/TCA/hoffmanf_opn.WP6
MARVIN LEE SPENCER
vs.
TIM HUTCHISON, Sheriff
and KNOX COUNTY, TENNESSEE
Court:TCA
Attorneys:
SAM G. SMITH, JR., OF KNOXVILLE FOR APPELLANT
WENDALL HALL, Deputy Law Director, OF KNOXVILLE FOR APPELLEES
Judge:Goddard
First Paragraph:
Appellant Marvin Lee Spencer appeals dismissal of his suit against
Appellees Tim Hutchison, Sheriff of Knox County, and Knox County,
Tennessee. His complaint alleges that while incarcerated in a Knox
County penal institution he suffered injuries by reason of the
negligence of the Appellees.
URL:http://www.tba.org/tba_files/TCA/spencerm_opn.WP6
IN RE: THE ESTATE OF
HENRY M. SWANAY
Court:TCA
Attorneys:
Judith Fain, Johnson City, for the Appellant.
John S. Taylor, Johnson City, for the Appellee.
Judge:INMAN
First Paragraph:
The last will and testament of Henry M. Swanay, who died September 28,
1995, was propounded for probate on February 23, 1996. He devised and
bequeathed his entire estate to his daughter, Carrie Swanay, whom he
named Executrix.
URL:http://www.tba.org/tba_files/TCA/swanay_ca3.WP6
STATE OF TENNESSEE
vs.
SCOTT ANDERSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LAURA RULE HENDRICKS JOHN KNOX WALKUP
Eldridge, Irvine & Hendricks Attorney General & Reporter
606 West Main Street, Suite 350
P.O. Box 84 GEORGIA BLYTHE FELNER
Knoxville, TN 37901-0084 Assistant Attorney General
Cordell Hull Building, 2nd Floor
RAYMOND MACK GARNER 425 Fifth Avenue North
District Public Defender Nashville, TN 37243-0493
NATALEE HURLEY MICHAEL L. FLYNN
Assistant Public Defender District Attorney General
415 High Street
Maryville, TN 37804 PHILIP MORTON
Asst District Attorney General
363 Court Street
Maryville, TN 37804
Judge:CLARK
First Paragraph:
The appellant, Scott Anderson, appeals as of right from the revocation
of his probation by the Blount County Circuit Court. He argues that
the trial court abused its discretion by permitting hearsay testimony
during his revocation hearing and by failing to make adequate
findings. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/andersns_opn.WP6
JAMES H. CRAWFORD
vs.
STATE OF TENNESSEE
Court:TCCA
Judge:JONES
First Paragraph:
This matter is before the Court upon the state's motion to affirm the
trial court judgment by order under Rule 20, Rules of the Court of
Criminal Appeals. This case represents an appeal from the trial
court's dismissal of the petitioner's petition for writ of habeas
corpus. The record has been filed and the petitioner has submitted
his appellate brief.
URL:http://www.tba.org/tba_files/TCCA/crawford_ord.WP6
STATE OF TENNESSEE
vs.
RICKY DAVIS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MARK E. STEPHENS JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
PAULA R. VOSS CLINTON J. MORGAN
DAVID M. GALL Assistant Attorney General
Assistant Public Defenders Cordell Hull Building, 2nd Floor
1209 Euclid Avenue 425 Fifth Avenue North
Knoxville, TN 37921 Nashville, TN 37243-0493
RANDALL E. NICHOLS
District Attorney General
ZANE SCARLETT
Asst District Attorney General
City-County Building
Knoxville, TN 37902
Judge:CLARK
First Paragraph:
The appellant, Ricky Davis, appeals as of right from the revocation of
his probation, alleging that the trial court abused its discretion by
revoking his probation for reasons not set forth in the violation
warrant and not articulated in the record. We affirm the decision of
the trial court.
URL:http://www.tba.org/tba_files/TCCA/davisr_opn.WP6
STATE OF TENNESSEE
vs.
FREDERICK OTTITUS EDWARDS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN E. HERBISON JOHN KNOX WALKUP
2016 Eighth Ave., South Attorney General & Reporter
Nashville, TN 37204
(On Appeal) RUTH A. THOMPSON
Counsel for the State
JOSEPH P. ATNIP 425 Fifth Ave., North
Public Defender Cordell Hull Bldg., Second Fl.
P.O. Box 734 Nashville, TN 37243-0493
Dresden, TN 38225
(At Trial) THOMAS A. THOMAS
District Attorney General
JIM CANNON
Asst. District Attorney General
P.O. Box 218
Union City, TN 38261
Judge:CLARK
First Paragraph:
A Weakley County jury convicted the defendant of four counts of sale
of less than 0.5 grams of cocaine. The trial court sentenced him to
serve six years on each conviction and ordered the sentences to run
concurrently. The defendant was also fined two thousand dollars
($2000). In this appeal as of right, the defendant challenges the
sufficiency of the evidence for one of his convictions, the
uncorroborated accomplice testimony, and the length of his sentences.
After a review of the record and applicable law, we reverse and
dismiss one of the defendant's convictions for selling cocaine, but
affirm his remaining convictions and the sentences ordered for each of
those convictions.
URL:http://www.tba.org/tba_files/TCCA/edwardsf_opn.WP6
STATE OF TENNESSEE
vs.
WARREN TYRONE FOWLER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
EDWARD C. MILLER JOHN KNOX WALKUP
P.O. Box 416 Attorney General & Reporter
Dandridge, TN 37725-0416
ELLEN H. POLLACK
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
JAMES L. GASS
Assistant Dist. Attorney General
P.O. Box 70
Dandridge, TN 37725-0070
Judge:CLARK
First Paragraph:
A Jefferson County Circuit Court jury convicted the defendant, Warren
Tyrone Fowler, of felony vandalism, two counts of aggravated assault,
and felony evading arrest. He appeals these convictions pursuant to
Tennessee Rule of Appellate Procedure 3. On appeal, he claims (1) the
evidence is insufficient to convict him of any of the offenses and (2)
the trial court erred in failing to instruct the jury on the lesser
included offense of facilitation of each of the felony offenses.
After hearing the parties' arguments and reviewing the record, the
briefs, and the applicable law, we affirm the trial court's judgment.
URL:http://www.tba.org/tba_files/TCCA/fowlerwt_opn.WP6
STATE OF TENNESSEE
vs.
JON DOUGLAS HALL
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JESSE H. FORD, III JOHN KNOX WALKUP
CLAYTON F. MAYO Attorney General and Reporter
618 N. Highland
Jackson, TN 38301 KENNETH W. RUCKER
Asst. Attorney General
425 Fifth Ave. N.
Cordell Hull Bldg., 2nd Fl.
Nashville, TN 37243-0493
JAMES G. WOODALL
District Attorney General
ALFRED LYNN EARLS
Asst. District Attorney General
Lowell Thomas State Office Bldg.
Jackson, TN 38301
Judge:PEAY
First Paragraph:
The defendant was indicted for the premeditated first-degree murder of
his estranged wife, Billie Jo Hall. Upon the defendant's motion, the
case was transferred from Henderson County to Madison County. On
February 5, 1997, the jury returned a guilty verdict on the charge of
first-degree murder. After a sentencing hearing held that same day,
the jury sentenced the defendant to death. The jury found that the
murder was especially heinous, atrocious, or cruel in that it involved
torture or serious physical abuse beyond that necessary to produce
death. T.C.A. S 39-13-204(i)(5).
URL:http://www.tba.org/tba_files/TCCA/halljd_opn.WP6
GARY S. MAYES
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Rex A. Dale John Knox Walkup
Attorney at Law Attorney General & Reporter
208 Bank Street
Lenoir City, TN 37771 Ellen H. Pollack
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Charles Hawk
District Attorney General
Frank Harvey
Asst District Attorney General
P.O. Box 703
Kingston, TN 37763-0703
Judge:SUMMERS
First Paragraph:
The petitioner, Gary S. Mayes, filed a petition for habeas corpus
and/or post-conviction relief in the criminal court at Loudon County.
The court denied the petition as barred by the statute of limitations.
The petitioner appealed. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/mayesgar_opn.WP6
STATE OF TENNESSEE
vs.
JAMES MCCLENTON
Court:TCCA
Judge:JONES
First Paragraph:
This matter is before the Court upon the state's motion to dismiss.
Based upon our review of the entire record before the Court, including
the appellant's response to the state's motion, we affirm the judgment
of the trial court pursuant to Rule 20, Rules of the Court of Criminal
Appeals.
URL:http://www.tba.org/tba_files/TCCA/mcclent1_ord.WP6
HARRY MCLEMORE, JR.
vs.
ALTON HESSON, WARDEN
Court:TCCA
Judge:JONES
First Paragraph:
This case represents an appeal from the denial of the petitioner's
petition for writ of habeas corpus. The petitioner was originally
indicted on one count of rape in May 1965, and he was subsequently
convicted of the same and sentenced to life imprisonment. In July
1997, the petitioner filed a petition for a writ of habeas corpus
challenging the sufficiency of the indictment entered against him.
The trial court denied relief.
URL:http://www.tba.org/tba_files/TCCA/mclemore_ord.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
© Copyright 1996-1997 Tennessee Bar Association - This Issue (IN THIS ORDER):