TBALink Opinion-Flash

June 11, 1998 -- Volume #4 -- Number #089

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):
01-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
02-New Opinons From TCA
10-New Opinons From TCCA

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George Dean
TBALink Chief Editor


GENERAL ELECTRIC COMPANY
vs.
PROCESS CONTROL COMPANY

Court:TSC

Attorneys:

FOR PLAINTIFF-RESPONDENT:       FOR DEFENDANT-PETITIONER:

J. Randolph Bibb, Jr.           Clinton V. Butler, Jr.
Nashville                       Jerry D. Kizer, Jr.
                                Dale Conder, Jr.
Thomas G. Cooper                Jackson
Boston, Massachusetts                          

Judge:HOLDER

First Paragraph:

This case comes to us on a certified question of law.  The plaintiff,
General Electric Company ("G.E."), filed this action for contribution
against Process Control Company ("Process Control").  Process Control
filed a motion to dismiss and/or motion for summary judgment arguing
that Tennessee law does not permit a right of contribution in this
case.

URL:http://www.tba.org/tba_files/TSC/generale_opn.WP6
Opinion-Flash

BONNIE WEBSTER GODFREY
vs.
JOSEPH MORKHAM GODFREY

Court:TCA

Attorneys: 

Virginia A. Schwamm, TOWLE & SCHWAMM, Knoxville, Tennessee
Attorney for Plaintiff/Appellant.

Wanda G. Sobieski, SOBIESKI, MESSER & ASSOCIATES, Knoxville, TN
Attorney for Defendant/Appellee.
                         
Judge:FARMER

First Paragraph:

Plaintiff Bonnie Webster Godfrey (the Mother) appeals the final decree
of divorce entered by the trial court which dissolved the parties'
marriage, distributed their property, awarded custody of the parties'
two minor daughters to Defendant/Appellee Joseph Markham Godfrey (the
Father), and ordered the Mother to pay child support.  On appeal, the
Mother challenges the trial court's decision to award custody of the
parties' children to the Father and the trial court's failure to award
the Mother any proceeds of the Father's pension which he had
liquidated during these proceedings.  We affirm.

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

SYLVIA HUDSON
vs.
DAVE SHORTER, JR.

Court:TCA

Attorneys:

Jerry Stokes of Memphis
For Plaintiff-Appellee

C. J. Barnett, McNabb, Holley & Waldrop PLLC of Memphis
For Defendant-Appellant
                          
Judge:CRAWFORD

First Paragraph:

This is an automobile personal injury case.  The defendant, David
Shorter, Jr., appeals from the judgment of the trial court in a bench
trial awarding plaintiff, Sylvia Hudson, $9,000.00 damages.  Shorter's
responsibility for the accident was stipulated, and the trial
concerned only the issue of damages.

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

STATE OF TENNESSEE
vs.
JOSEPH LEE BERNELL BRYANT

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

JEFFREY A. DeVASHER             JOHN KNOX WALKUP
Attorney on Appeal              Attorney General and Reporter
Assistant Public Defender
                                DARYL J. BRAND
J. MICHAEL ENGLE                Assistant Attorney General
Attorney at Trial               425 Fifth Avenue North
Assistant Public Defender       Nashville, TN 37243
1202 Stahlman Building
Nashville, TN 37201             VICTOR S. JOHNSON
                                District Attorney General

                                ROGER MOORE
                                Asst District Attorney General
                                Washington Square, Suite 500
                                222 2nd Avenue North
                                Nashville, TN 37201-1649
                          
Judge:WELLES

First Paragraph:

The Defendant, Joseph Lee Bernell Bryant, appeals as of right pursuant
to Rule 3 of the Tennessee Rules of Appellate Procedure.  He was
convicted by a Davidson County jury of one count of aggravated rape,
two counts of aggravated sexual battery, and one count of attempted
aggravated rape.  He was sentenced as a standard, Range I offender to
twenty-three years for the aggravated rape, ten years for each count
of aggravated sexual battery and ten years for the attempted
aggravated rape.  The trial judge ordered the aggravated rape and
sexual battery convictions to be served concurrently with each other
and consecutively to the conviction for attempted aggravated rape for
an effective sentence of thirty-three years.  He appeals his
convictions and sentences and raises the following issues for our
review: (1)(A) That the evidence was insufficient to support the
verdicts of guilt; and (B) that the evidence failed to establish the
element of "bodily injury;" (2) that  the trial court erred by
granting the State's request for a special jury instruction regarding
the attempt to destroy or conceal evidence; and (3)(A) that the trial
court imposed an excessive sentence because it misapplied sentence
enhancement factors, and (B) that the trial court erred by imposing a
partial consecutive sentence.  After a careful review of the record
and arguments in the case at bar, we affirm the judgment of the trial
court.

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

STATE OF TENNESSEE
vs.
MELVIN DOUGLAS CHASTAIN

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:


CHARLES CORN                    JOHN KNOX WALKUP
Public Defender                 Attorney General & Reporter

RICHARD HUGHES                  CLINTON J. MORGAN
Asst. Public Defender           Asst. Attorney General
P.O. Box 1453                   John Sevier Bldg.
Cleveland, TN  37364-1453       425 Fifth Ave., North                                   
                                Nashville, TN  37243 0493
                
                                JERRY N. ESTES
                                District Attorney General

                                SHARI TAYLOE
                                Asst. District Attorney General
                                P.O. Box 1351       
                                Cleveland, TN  37364-1351                          

Judge:PEAY

First Paragraph:

The defendant was indicted for the first-degree murder of his wife,
Karen Chastain, and the cause proceeded to trial.  The jury found the
defendant guilty of second-degree murder, and the trial court
sentenced the defendant to twenty years imprisonment as a Range I
standard offender.  The defendant now appeals as of right from his
conviction.  He argues that the evidence presented at trial was
legally insufficient to support a conviction.  The defendant also
argues that because the trial court erred in admitting his confessions
into evidence, he is entitled to a new trial.  Finding no merit in the
defendant's contentions, we affirm.

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

STATE OF TENNESSEE
vs.             
ELECTROPLATING, INC., and       
ROSS CUNNINGHAM

Court:TCCA

Attorneys:

FOR THE APPELLANT:                  FOR THE APPELLEE:

JERRY D. HUNT (Trial only)          JOHN KNOX WALKUP
102 E. Main St.                     Attorney General & Reporter
P.O. Box 812
Lebanon, TN 37088-0812              ALBERT L. PARTEE, III   
                                    Senior Counsel
BOB LYNCH, JR. (Trial and Appeal)   425 Fifth Ave. North, 2nd Floor
Suite 316                           Nashville, TN 37243-0493    
Washington Square
222 Second Ave. North               VICTOR S. JOHNSON III
Nashville, TN 37201                 District Attorney General

                                    JOHN SEABORG                                    
                                    JOHN A. MOORE
                                    Asst District Attorney Generals
                                    Suite 500
                                    Washington Square
                                    222 2nd Ave. North
                                    Nashville, TN 37201-1649                          

Judge:WITT

First Paragraph:

The appellant, Ross Cunningham, appeals his conviction for willfully
failing to comply with the Tennessee Water Control Act of 1977 by
discharging chromium into the Metropolitan Government Sewer System on
September 5, 1994, a class E felony.  After the Davidson County jury
returned a guilty verdict, the trial court sentenced the defendant to
the minimum one-year sentence and a fine of $10,000.  The trial court
suspended the sentence and ordered Cunningham to serve two years on
probation including 800 hours of community service and, in addition,
required a cash bond securing payment of his fine and the costs.

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

STATE OF TENNESSEE
vs.
BRIAN EUGENE DANIEL

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

MARK E. STEPHENS                JOHN KNOX WALKUP 
District Public Defender        Attorney General & Reporter

PAULA R. VOSS                   TODD R. KELLEY 
Assistant Public Defender       Assistant Attorney General
                                2nd Floor, Cordell Hull Building
JAMIE L. NILAND                 425 Fifth Avenue North 
Assistant Public Defender       Nashville, TN  37243
1209 Euclid Avenue
Knoxville, TN  37921            RANDALL E. NICHOLS
                                District Attorney General 

                                SCOTT GREEN 
                                Asst District Attorney General
                                City-County Building 
                                Knoxville, TN  37902                          

Judge:WOODALL

First Paragraph:

Defendant, Brian Daniel, appeals pursuant to Rule 37(b)(2)(i) of the
Tennessee Rules of Criminal Procedure.  He pled guilty to possession
of marijuana and reserved, with the consent of the State and the trial
court, the right to appeal a certified question of law that is
dispositive of the case.  After review of the entire record and the
briefs and arguments of both parties, we affirm the judgment of the
trial court.

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

STATE  OF  TENNESSEE
vs.
JOHN  CLARK  GARRISON

Court:TCCA

Attorneys: 

For Appellant:                  For Appellee:

Gregory P. Isaacs               Charles W. Burson
Isaacs, Rayson & Ramsey         Attorney General and Reporter
280 One Centre Square
P.O. Box 2448                   Darian B. Taylor
Knoxville, TN  37901-2448       Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, Tennessee   37243-0493

                                Randall E. Nichols
                                District Attorney General

                                C. Leon Franks
                                Asst. District Attorney General
                                City-County Building
                                Knoxville, Tennessee  37902
                         
Judge:DENDER

First Paragraph:

This is an appeal as of right from the judgment of the trial court at
appellant's re-sentencing hearing on September 1, 1995.

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

STATE OF TENNESSEE
vs.
SCOTTY L. HAYCRAFT

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:


GERALD L. GULLEY, JR.           JOHN KNOX WALKUP
P.O. Box 1708                   Attorney General & Reporter
Knoxville, TN 37901
     (On Appeal)                TIMOTHY F. BEHAN
                                Asst. Attorney General
LESLIE HALE                     425 Fifth Ave., North
Asst. Public Defender           Cordell Hull Bldg., Second Fl.
P. O. Box 839                   Nashville, TN  37243-0493
Blountville, TN 37617               
     (At Trial)                 H. GREELEY WELLS, JR.
                                District Attorney General

                                ROBERT H. MONTGOMERY
                                Asst. District Attorney General
                                P.O. Box 526
                                Blountville, TN 37617
                                                         
Judge:PEAY

First Paragraph:

In July 1996, the Sullivan County grand jury indicted the defendant on
one count of violating the Motor Vehicle Habitual Offenders Act.  He
pled guilty and was sentenced as a Range III persistent offender and
was ordered to serve five years in the Tennessee Department of
Correction.  In this appeal, the defendant argues that the trial court
erred when it denied his request to be placed on Community
Corrections.  After a review of the record and applicable law, we find
no error and affirm the judgment of the court below.

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

STATE OF TENNESSEE
vs.
MICHAEL DOUGLAS HUGHES

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

SAM E. WALLACE, JR.         JOHN KNOX WALKUP 
227 Second Avenue North     Attorney General & Reporter
Nashville, TN  37201
                            TIMOTHY F. BEHAN
                            Assistant Attorney General
                            2nd Floor, Cordell Hull Building
                            425 Fifth Avenue North 
                            Nashville, TN  37243

                            VICTOR S. JOHNSON, III
                            District Attorney General

                            LILA STATOM 
                            Assistant District Attorney General
                            Washington Square   
                            222 Second Avenue North, Suite 500
                            Nashville, TN  37201-1649
                          
Judge:WOODALL

First Paragraph:

The Defendant, Michael Douglas Hughes, appeals as of right from the
sentencing order of the Davidson County Criminal Court.  The Defendant
was indicted on eleven (11) counts of aggravated rape by the unlawful
sexual penetration of a child less than thirteen (13) years of age. 
Defendant pled no contest to one (1) count of aggravated rape and
guilty to ten (10) counts of aggravated rape.  The trial court
sentenced Defendant to twenty (20) years for each count, with the
sentences for four (4) of these counts to run consecutively to each
other and the remaining counts to be served concurrently to each
other.  The total effective sentence is eighty (80) years.

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

STATE OF TENNESSEE
vs.
FRED NUCHOLS

Court:TCCA

Attorneys:

FOR THE APPELLANT:

C. MICHAEL ROBBINS
3074 East Street
Memphis, TN 38128
(On Appeal)

RAYMOND MACK GARNER
District Public Defender
419 High Street
Maryville, TN 37804-4912
(At Trial)
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

MICHAEL L. FLYNN
District Attorney General

PHILIP H. MORTON
Assistant District Attorney General
363 Court Street
Maryville, TN 37804-5906                          

Judge:RILEY

First Paragraph:

The defendant, Fred Nuchols, appeals his Blount County jury
convictions for driving under the influence of an intoxicant, third
offense, and driving on a revoked license, third offense.  The sole
issue presented for review is whether the trial court erred in
permitting the state to recall a witness in rebuttal.  The judgment of
the trial court is affirmed.

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

STATE OF TENNESSEE
vs.
TERRY FRANKLIN STOGDILL

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Martha J. Yoakum                Charles W. Burson 
District Public Defender        Attorney General of Tennessee
P.O. Box 386                    and
Tazewell, TN 37879-0386         Michael J. Fahey     
(AT TRIAL AND ON APPEAL)        Asst Attorney General of TN                                         
                                450 James Robertson Parkway     
Charles Herman                  Nashville, TN 37243-0493
John Beaty
John McAfee                     William Paul Phillips
Assistant Public Defenders      District Attorney General
P.O. Box 386                    P.O. Box 10
Tazewell, TN 37879-0386         Huntsville, TN 37756-0010
(AT TRIAL)                      and
                                Shayne Sexton
                                Asst District Attorney General
                                P.O. Box 455 
                                Tazewell, TN 37879-0455
                          
Judge:Tipton

First Paragraph:

The defendant, Terry Franklin Stogdill, appeals as of right from his
convictions by a jury in the Claiborne County Criminal Court for rape
of a child, a Class A felony, and incest, a Class C felony.  The
defendant was sentenced as a Range I, standard offender to concurrent
sentences of twenty years and five years in the custody of the
Department of Correction.

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

STATE OF TENNESSEE
vs.
JACK KEVIN SUTTON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

KARL DEAN                       JOHN KNOX WALKUP 
District Public Defender        Attorney General & Reporter

JEFFREY A. DeVASHER             LISA A. NAYLOR 
Assistant Public Defender       Assistant Attorney General
(On Appeal)                     2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
DAVID BAKER                     Nashville, TN  37243
Senior Asst Public Defender
1202 Stahlman Building          VICTOR S. JOHNSON, III
Nashville, TN  37201            District Attorney General
(At Trial)
                                KATRIN MILLER
                                Asst District Attorney General
                                Washington Square, Suite 500
                                222 Second Avenue North 
                                Nashville, TN  37201-1649
                         
Judge:WOODALL

First Paragraph:

The Defendant, Jack Kevin Sutton, appeals as of right the sentences
imposed by the Davidson County Criminal Court.  Defendant pled guilty
to two counts of simple robbery, one count of aggravated burglary, one
count of assault, and one count of theft of property.  The trial court
sentenced Defendant as a Range I Standard Offender to three
consecutive five-year sentences for the robbery and burglary
convictions, and two eleven month and 29-day sentences for the assault
and theft convictions.  The latter two sentences were ordered to run
concurrently to  the others.  In this appeal, Defendant argues that
the sentences imposed were excessive and that consecutive sentences
were not proper.  Although we disagree with the trial court's
application of two enhancement factors, we affirm the judgment of the
trial court.

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

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