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TBALink Opinion-Flash
June 24, 1998 -- Volume #4 -- Number #097
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
- 07-New Opinons From TSC
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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
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