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.
- 07-New Opinons From TSC
- 01-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA
- 04-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
DAVID A. ALEXANDER and MACLIN P. DAVIS, JR. vs. JULIA ANN WHITE INMAN Court:TSC Attorneys: For Appellant: For Appellees: HARLAN DODSON, III WARD DEWITT, JR. ANNE C. MARTIN Nashville, TN Nashville, TN Judge:BIRCH First Paragraph: We granted permission to appeal under Tenn. R. App. P. 11 to the appellant, Julia Ann White Inman, in order to determine the amount of attorneys' fees, if any, that the appellees, attorneys David A. Alexander and Maclin P. Davis, Jr., are entitled to recover from Inman, their former client, pursuant to a written fee agreement. URL:http://www.tba.org/tba_files/TSC/alexandd_opn.WP6 STATE OF TENNESSEE vs. JAMES BLANTON Court:TSC Attorneys: FOR APPELLANT: FOR APPELLEE: Michael E. Terry John Knox Walkup Nashville Attorney General and Reporter Mark Ivandick Michael E. Moore Clarksville Solicitor General Kathy Morante Deputy Attorney General Darian B. Taylor Assistant Attorney General Nashville Dan M. Alsobrooks District Attorney General J. Kenneth Atkins Assistant District Attorney General Pro Tem James W. Kirby Assistant District Attorney General Charlotte Judge:HOLDER First Paragraph: In this capital case, the defendant, James Blanton, was convicted by a jury of two counts of first degree premeditated murder, four counts of grand larceny, and three counts of first degree burglary. A jury sentenced him to death on both counts of first degree murder based on three aggravating circumstances: (1) the defendant was convicted of one or more previous violent felonies; (2) the murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of the defendant or another; (3) the murder was committed while the defendant was engaged in committing, or was an accomplice in the commission of, or was attempting to commit, or was fleeing after committing or attempting to commit, any first degree murder, arson, rape, robbery, burglary, larceny, kidnapping, aircraft piracy, or unlawful throwing, placing or discharging of a destructive device or bomb. Tenn. Code Ann. S 39-2-203(i)(2), (6) & (7) (1982). In addition to the above aggravating circumstances, the jury found that Mrs. Vester's murder was especially heinous, atrocious and cruel in that it involved torture or depravity of mind. Tenn. Code Ann. S 39-2-203(i)(5). The jury found that no mitigating circumstances sufficiently outweighed the aggravating circumstances. URL:http://www.tba.org/tba_files/TSC/blantonj_opn.WP6 WILLIAM J. CHASE, JR., AS ADMINISTRATOR C.T.A. OF THE ESTATE OF BETTY LOU STIDHAM, DECEASED vs. THE CITY OF MEMPHIS Court:TSC Attorneys: FOR DEFENDANT/APPELLANT/ FOR PLAINTIFF/APPELLEE/CROSS- CROSS-APPELLEE: APPELLANT: Robert M. Fargarson John J. Heflin III Martin W. Zummach Memphis Memphis OF COUNSEL: FOR INTERVENOR, STATE OF Monice Moore Hagler TENNESSEE: Memphis John Knox Walkup Attorney General and Reporter Meredith DeVault Senior Counsel, Civil Rights and Claims Division Judge:HOLDER First Paragraph: This case involves a tort action against the defendant, City of Memphis, arising out of a woman's death when she was mauled by two pit bull dogs. The Court of Appeals held that the City was immune under the Governmental Tort Liability Act ("GTLA") but removed the immunity pursuant to the common law special duty exception to the public duty doctrine. The issues with which we are now confronted are whether: (1) the City animal shelter's failure to follow-up on an order requiring the owner of the dangerous dogs to enroll his dogs in obedience school was immune under the GTLA as a discretionary act or omission; and (2) whether the public duty doctrine's special duty exception can be employed to remove immunity conferred under the GTLA. We hold that the City's actions or inactions in this case were not immune under the GTLA and that the special duty exception to the public duty doctrine cannot be employed to remove immunity conferred under the GTLA. The decision of the Court of Appeals is reversed. URL:http://www.tba.org/tba_files/TSC/chasewj_opn.WP6 MICHAEL SCOTT EVANS vs. KAREN MARIE BISSON STEELMAN and IN THE MATTER OF SEAN MICHAEL CRAWFORD, A CHILD UNDER 18 YEARS OF AGE, THOMAS MICHAEL CIHLAR vs. MARY ANN CRAWFORD and RONALD SHANE CRAWFORD Court:TSC First Paragraph: The appellants in these consolidated appeals have filed petitions for a rehearing pursuant to Tenn. R. App. P. 39. We have considered all of the arguments raised in the petitions, and we have found them to be without merit. It is, therefore, ORDERED that the petitions are denied. URL:http://www.tba.org/tba_files/TSC/crawford_reh.WP6 MICHAEL SCOTT EVANS vs. KAREN MARIE BISSON STEELMAN and IN THE MATTER OF SEAN MICHAEL CRAWFORD, A CHILD UNDER 18 YEARS OF AGE, THOMAS MICHAEL CIHLAR vs. MARY ANN CRAWFORD and RONALD SHANE CRAWFORD Court:TSC First Paragraph: The appellants in these consolidated appeals have filed petitions for a rehearing pursuant to Tenn. R. App. P. 39. We have considered all of the arguments raised in the petitions, and we have found them to be without merit. It is, therefore, ORDERED that the petitions are denied. URL:http://www.tba.org/tba_files/TSC/evansms_reh.WP6 STATE OF TENNESSEE vs. JOHNNY M. HENNING Court:TSC Attorneys: For State-Appellee: For Defendant-Appellant: John Knox Walkup Hughie Ragan Attorney General & Reporter Jackson, Tennessee Michael E. Moore Solicitor General Kenneth W. Rucker Assistant Attorney General Nashville, Tennessee James G. Woodall District Attorney General Twenty-Sixth Judicial District Jackson, Tennessee Shaun A. Brown Assistant District Attorney General Jackson, Tennessee Judge:DROWOTA First Paragraph: We granted this appeal primarily to consider two issues: 1) whether the search warrant in this case is supported by probable cause and is otherwise valid; and 2) whether an appellate court reviewing a pretrial ruling that a search warrant was validly executed may consider the entire record, including evidence submitted at trial, in addition to evidence submitted at the pretrial suppression hearing. We have determined that the search warrant issued in this case is supported by probable cause and free from other defects. As to the second issue, which is a question of first impression in Tennessee, we have determined that an appellate court may consider the entire record, including the evidence submitted at trial, in evaluating the correctness of a pretrial ruling that a search warrant was validly executed. Accordingly, for the reasons that follow, the judgment of the Court of Criminal Appeals upholding the trial court's denial of the defendant's motion to suppress is affirmed. URL:http://www.tba.org/tba_files/TSC/henningj_opn.WP6 BILLIE J. METCALFE, JULIA M. METCALFE, and JOHNNY D. METCALFE vs. LARRY J. WATERS and CHARLES W. PRUITT Court:TSC Attorneys: For Appellants Metcalfe: For Appellee, Charles W. Pruitt: R. Sadler Bailey Robert C. Rosenbush C. Philip M. Campbell Millington, Tennessee BAILEY & CLARKE Memphis, Tennessee For Defendant, Larry J. Waters: Paul E. Lewis Millington, Tennessee Judge:ANDERSON First Paragraph: We granted this appeal to determine whether the Court of Appeals erred in reversing the jury's verdict awarding punitive damages in this legal malpractice action. The appeals court held that punitive damages were improper because the defendant's malpractice did not constitute intentional, fraudulent, malicious or reckless conduct and because the defendant's efforts to conceal his actions were not contemporaneous with his malpractice. The court affirmed the jury's verdict as to liability, but reversed the jury's verdict as to compensatory damages because it was excessive. URL:http://www.tba.org/tba_files/TSC/metcalfe_opn.WP6 SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL June 22, 1998 Court:TSC - Rules URL:http://www.tba.org/tba_files/TSC_RULES/statelst33_wpd.WP6 LARRY CATRON vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Larry Catron, Pro Se John Knox Walkup #103691 Atty General & Reporter Cold Creek Correctional Facility P.O. Box 1000 Marvin E. Clements, Jr. Henning, TN 38041-1000 Asst Attorney General Cordell Hull Building, 2nd Fl 425 5th Avenue North Nashville, TN 37243-0493 Elizabeth T. Rice District Attorney General 302 Market Street Somerville, TN 38068 Judge:SUMMERS First Paragraph: The appellant, Larry Catron, filed a pro se petition for writ of habeas corpus in the Lauderdale County Circuit Court alleging that his convictions are void. The trial court found that the petition failed to state a claim for habeas corpus relief and dismissed the petition without appointing counsel and conducting a hearing. The appellant appeals pro se. We affirm. URL:http://www.tba.org/tba_files/TCCA/catronla_opn.WP6 TENNESSEE FARMERS MUTUAL, INSURANCE COMPANY vs. JOSEPH A. FARMER and wife DEBRA J. FARMER Court:TCCA Attorneys: For Defendants/Appellants: For Plaintiff/Appellee Norbert J. Slovis Robert W. Knolton Douglas C. Weinstein KRAMER, RAYSON, LEAKE, LOCKETT, SLOVIS & WEAVER RODGERS & MORGAN Knoxville, Tennessee Oak Ridge, Tennessee Judge:DROWOTA First Paragraph: We granted this appeal to determine whether or not the Court of Appeals erred in finding that the "Motion to Reconsider" filed by the defendant, Debra Farmer, was not sufficient to allow the trial court to retain jurisdiction. We conclude that the "Motion to Reconsider" was in substance a Rule 59.04, Tenn. R. Civ. P., motion to alter or amend the judgment which allowed the trial court to retain jurisdiction of the cause and which tolled commencement of the time for filing a notice of appeal until entry of an order granting or denying the motion. Accordingly, we reverse the judgment of the Court of Appeals which held that the "Motion to Reconsider" is not authorized by the Rules of Civil Procedure and will not serve to extend the appellate process and remand to the Court of Appeals for further proceedings consistent with this decision. URL:http://www.tba.org/tba_files/TCCA/farmer_opn.WP6 STATE OF TENNESSEE vs. REGINA ANN OWEN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MACK GARNER (on appeal) JOHN KNOX WALKUP District Public Defender Attorney General & Reporter NATALEE S. HURLEY (at hearing) CLINTON J. MORGAN Assistant Dist. Public Defender Asst. Attorney General 419 High St. 425 Fifth Ave. North Maryville, TN 37804 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 MICHAEL L. FLYNN District Attorney General EDWARD BAILEY Asst. District Attorney General 363 Court St. Maryville, TN 37804 Judge:WITT First Paragraph: The defendant, Regina Ann Owen, appeals from the revocation of her probationary sentence. She was convicted upon her guilty plea of attempting to obtain a controlled substance by fraud, a Class D felony. She was sentenced to serve one year on probation and ordered to pay court costs and probation fees. After the one year had expired and the defendant had not paid all of her costs, the court signed an agreed order extending probation for an additional year. Thereafter, the defendant's probation officer filed a violation report alleging the defendant had violated her probation by being convicted of a misdemeanor, using illegal drugs, being in arrears on probation fees, and not making payments on the court costs. Following a hearing at which the defendant was represented by counsel, the court revoked the defendant's probationary status and ordered her to serve a minimum of 30 days in the county jail, after which time she could obtain her freedom by payment in full of court costs and probation fees and would have fully satisfied her sentence. The defendant appeals from this adverse order, claiming the trial court abused its discretion in (1) revoking her probationary status and (2) requiring her to pay the costs and fees in order to obtain release despite her indigent status. On review, we affirm the revocation but modify its terms. URL:http://www.tba.org/tba_files/TCCA/owenra_opn.WP6 SARAH RICHARDSON vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: JAMES H. BRADLEY 112 East Liberty P.O. Box 952 Covington, TN 38019 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter DOUGLAS D. HIMES Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 ELIZABETH T. RICE District Attorney General 302 Market Street Somerville, TN 38068 Judge:RILEY First Paragraph: The petitioner, Sarah Richardson, appeals the denial of post-conviction relief by the Circuit Court of Lauderdale County. She was previously convicted of first degree murder and conspiracy to commit first degree murder. She was sentenced to concurrent terms of life and twenty-five (25) years, respectively. The petitioner now alleges ineffective assistance of trial and appellate counsel. She contends (1) that trial counsel was ineffective for failing to secure a mental evaluation relative to diminished capacity evidence; and (2) that counsel failed to inform her of her right to appeal to the Tennessee Supreme Court following affirmance of her convictions by this Court. We AFFIRM the judgment of the trial court regarding counsel's decision not to pursue a mental defense. However, we VACATE our original judgment in the matter and reinstate it as of the date of the filing of this opinion to allow the petitioner to pursue a delayed appeal to the Tennessee Supreme Court. URL:http://www.tba.org/tba_files/TCCA/richards_opn.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