What follows is the case style or name, first paragraph, author's name, and the names of the attorneys for the parties of each opinion released today from Tennessee's three appellate courts.
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Lucian T. Pera
WILLIAMSON COUNTY BROADCASTING COMPANY, INC., and WILLIAM B. ORMES vs. INTERMEDIA PARTNERS, a California limited partnership; INTERMEDIA CAPITAL MANAGEMENT; a general partner of InterMedia Partners; LEO J. HINDERY, JR. Managing General Partner and Chief Executive Officer of InterMedia Capital Management; ROBIN CABLE SYSTEMS; ROBIN MEDIA GROUP, INC.; FIRST CABLEVISION, INC.; ROBIN CABLE SYSTEMS LIMITED PARTNERSHIP; TENNESSEE VALLEY CABLEVISION Court:TCA Attorneys: ALFRED H. KNIGHT ALAN D. JOHNSON 215 Second Avenue, North Nashville, Tennessee 37201 Attorneys for Plaintiffs/Appellants STEPHEN K. RUSH 1209 16th Avenue South Nashville, Tennessee 37212 Kathryn A. Stephenson 414 Union Street Nashville, Tennessee 37219 Attorneys for Defendants/Appellees Judge:CANTRELL First Paragraph: In this second appeal involving a written agreement, we are asked to review the chancellor's findings concerning the scope of the agreement, the proof of damages, and whether the agreement should be specifically performed. We reverse the order of specific performance but affirm in all other respects. URL:http://www.tba.org/tba_files/TCA/intermed_opn.WP6 PLANNED PARENTHOOD OF MIDDLE TENNESSEE, et al. VS. DON SUNDQUIST, GOVERNOR OF THE STATE OF TENNESSEE, et al., Court:TCA Attorneys: For Plaintiffs/Appellants: For Defendants/Appellees: Barry Friedman John Knox Walkup Vanderbilt University Attorney General and Reporter Nashville, Tennessee Andy D. Bennett Irwin Venick Associate Chief Deputy Dobbins & Venick Nashville, Tennessee Michael W. Catalano Associate Solicitor General Elizabeth B. Thompson Howrey & Simon Washington, DC For Dr. Anthony Trabue and Dr. Betty Neff: Barbara E. Otten Dara Klassel J. Russell Heldman Roger K. Evans Franklin, Tennessee Planned Parenthood Federation of America, Inc. New York, NY Louise Melling Catherine Weiss American Civil Liberties Foundation New York, NY For American College of Obstetricians and Gynecologists: Ann E. Allen American College of Obstetricians and Gynecologists Washington, DC Abby R. Rubenfeld Rubenfeld & Associates Nashville, Tennessee Judge:KOCH First Paragraph: This appeal presents a multifaceted challenge to the constitutionality of Tennessee's abortion statutes. After a physician and a clinic in Knoxville were charged with violating these statutes, two other clinics in Memphis and Nashville, joined by three physicians, filed suit in the Circuit Court for Davidson County seeking declaratory and injunctive relief under the Constitution of Tennessee. The trial court struck down the residency requirement, the waiting period, and the requirement that physicians inform their patients that an abortion is a major surgical procedure. After making its own substantive revisions in the statutory text, the trial court upheld the mandatory hospitalization requirement, the remaining informed consent requirements, and the newly enacted parental consent requirement. We have determined that the trial court erred by revising the text of several provisions. We have also determined that the emergency medical exception enacted by the General Assembly is unconstitutionally narrow, that the combined effect of the waiting period and the physician-only counseling requirement places an undue burden on women's procreational choice, and that the remaining challenged provisions as construed herein pass constitutional muster. URL:http://www.tba.org/tba_files/TCA/planned_opn.WP6 FREDDY TIPTON VS. ROBERT BURR, Individually anD BLUE RIDGE DRILLING AND OPERATING COMPANY, INC. Court:TCA Attorneys: MICHAEL A. WALKER P. O. Box 1780 Jamestown, Tennessee 38556 Attorney for Plaintiff/Appellee RANDALL A. YORK P. O. Box 3549 Crossville, Tennessee 38557-3549 Attorney for Defendants/Appellants Judge:CANTRELL First Paragraph: The Chancery Court of Fentress County found that the defendant Robert Burr, individually and/or as president of Blue Ridge Drilling and Operating Company, agreed to purchase Freddy Tipton's interest in a drilling rig for $50,000. The court gave the defendant credit for a partial payment of $5,000 and rendered judgment for $45,000 plus prejudgment interest from October 14, 1992. On appeal, Mr. Burr contends that the parties never had a meeting of the minds, that Mr. Tipton did not have an interest in the drilling rig, that the claim is barred by the statute of frauds, that the claim cannot be asserted against him individually, and that the court erred in awarding prejudgment interest. We modify the dates on which prejudgment interest began to accrue. In all other respects we affirm. URL:http://www.tba.org/tba_files/TCA/tiptonf_opn.WP6 DAVID K. WACHTEL, JR. VS. THE WESTERN SIZZLIN CORPORATION f/k/a FRANCHISEE ACQUISITION CORPORATION VS. DAVID K. WACHTEL, JR., AND RESTAURANT MANAGEMENT SERVICES, INC. Court:TCA Judge:CANTRELL First Paragraph: The appellee has filed a respectful Petition to Rehear. After reviewing the grounds for the petition, we are of the opinion that it should be overruled. It is, therefore, ordered that the petition be overruled. URL:http://www.tba.org/tba_files/TCA/wachtedk_reh.WP6 JAMES L. WEST, ET AL. VS. FRANK LUNA Court:TCA Attorneys: For Plaintiffs/Appellees: For Defendant/Appellant: R. Whitney Stevens, Jr. Brad W. Hornsby Stevens, Bagley & Stevens Bullock, Fly & McFarlin Fayetteville, Tennessee Murfreesboro, Tennessee Judge:KOCH First Paragraph: This appeal arises out of a long-running dispute over a dirt race track in Lincoln County. Six years after the track was permanently enjoined from operating at a noise level that amounted to a nuisance, a number of the track's residential neighbors filed suit in the Chancery Court for Lincoln County to enjoin the track's new owner from conducting stock car races because they feared that the noise would create a nuisance. Despite the new owner's assurances that he planned to muffle the noise with sound-reducing technology and landscape modifications, the trial court, sitting without a jury, permanently enjoined the new owner from holding automobile races of any sort at the track. On this appeal, the track's owner challenges the breadth of the injunction and the fact that it was issued before he reopened the track. We have determined that the injunction must be vacated because it is too broad. URL:http://www.tba.org/tba_files/TCA/westjl_opn.WP6 STATE OF TENNESSEE vs. RODNEY E. SMART Court:TCCA Attorneys: For the Appellant: For the Appellee: Ardena J. Garth John Knox Walkup District Public Defender Attorney General and Reporter Donna Robinson Miller Clinton J. Morgan Asst. Public Defender Assistant Attorney General 710 Cherry Street Criminal Justice Division Chattanooga, TN 37402 450 James Robertson Parkway Nashville, TN 37243-0493 William H. Cox III District Attorney General David Denny Asst. District Attorney General Suite 300, Courts Building Chattanooga, TN 37402 Judge:Hayes First Paragraph: The appellant, Rodney E. Smart, appeals the revocation of his Community Corrections sentence by the Hamilton County Criminal Court. Following revocation, the trial court reinstated the appellant's effective sentence of eight years in the Department of Correction. In this appeal as of right, the appellant argues that the trial court abused its discretion by relying on unreliable hearsay evidence to support the revocation. After review of the record, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/smartre_opn.WP6 EARL E. COLLIER VS. CHARLES JONES, Warden, and, STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: EARL E. COLLIER, Pro Se JOHN KNOX WALKUP P.O. Box 2000 Attorney General and Reporter Wartburg, TN 37887-2000 TIMOTHY F. BEHAN Assistant Attorney General 425 5th Avenue North Nashville, TN 37243-0493 CHARLES E. HAWK District Attorney General FRANK A. HARVEY Assistant District Attorney General P.O. Box 703 Kingston, TN 37763 Judge:WELLES First Paragraph: The Defendant, Earl E. Collier, appeals as of right the trial court's dismissal of his petition for writ of habeas corpus. Defendant argues the following four issues in this pro se appeal: (1) his convictions violate due process and double jeopardy interests relevant to the multiplicitous and facially invalid indictments brought against him; (2) his convictions were due to a violation of his right to the effective assistance of counsel; (3) his convictions violate his right against self- incrimination; and (4) the facts do not support his conviction for aggravated kidnapping. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/colliere_opn.WP6 STATE OF TENNESSEE vs. MICHAEL TODD DRINNON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREG W. EICHELMAN JOHN KNOX WALKUP District Public Defender Attorney General & Reporter D. CLIFTON BARNES CLINTON J. MORGAN Asst. District Public Defender Asst. Attorney General 419 High St. 425 Fifth Ave. N., 2d Floor Maryville, TN 37804 Nashville, TN 37243-0493 C. BERKELEY BELL District Attorney General JOHN DUGGER Asst. District Attorney General 510 Allison St. Morristown, TN 37814 Judge:WITT First Paragraph: The defendant, Michael Todd Drinnon, appeals from his convictions of two counts of evading arrest and two counts of third offense driving on a revoked license. Drinnon received his convictions at the conclusion of his trial before a jury of his peers in the Hamblen County Criminal Court. He received sentences of two years each for the evading arrest convictions and eleven months, 29 days for the driving on revoked license convictions. The evading arrest convictions were imposed consecutively to each other and concurrently to the driving on revoked license convictions, for an effective sentence of four years. In this direct appeal, Drinnon challenges the sufficiency of the convicting evidence, the court's ruling that a defense witness must not invoke his Fifth Amendment privilege if he took the stand, and the sentence he received. Following a review of the record and the briefs of the parties, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/drinnonm_opn.WP6 HILTON G. JEFFERIES vs. JAMES A. BOWLEN, WARDEN AND STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: PRO SE JOHN KNOX WALKUP Attorney General & Reporter MICHAEL J. FAHEY, II Assistant Attorney General Cordell Hull Bldg., Second Floor 425 Fifth Avenue, North Nashville, TN 37243-0490 JAMES MICHAEL TAYLOR District Attorney General JAMES W. POPE, III Assistant District Attorney 265 Third Avenue, Suite 300 Dayton, TN 37321 Judge:ACREE First Paragraph: The appellant, Hilton Glen Jefferies, appeals as of right the trial court's dismissal of his petition for writ of habeas corpus. We affirm the trial court. URL:http://www.tba.org/tba_files/TCCA/jeff_op.WP6 STATE OF TENNESSEE VS. SHAWN T. O'MALLEY Court:TCCA Attorneys: For the Appellant: For the Appellee: Mack Garner John Knox Walkup District Public Defender Attorney General and Reporter 419 High Street Maryville, TN 37804 Marvin E. Clements, Jr. Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Michael L. Flynn District Attorney General Philip H. Morton Assistant District Attorney 363 Court Street Maryville, TN 37804 Judge:Barker First Paragraph: The appellant, Shawn T. O'Malley, appeals as of right the sentence he received in the Blount County Circuit Court as a result of his guilty plea to the offense of vehicular homicide. Appellant was sentenced to serve eight (8) years in the Department of Correction as a Range I offender. On appeal, he contests only the trial court's denial of alternative sentencing. We affirm. URL:http://www.tba.org/tba_files/TCCA/omalleys_opn.WP6 STATE OF TENNESSEE VS. ALBERT CHRISTIAN PADGETT Court:TCCA Attorneys: For the Appellant: For the Appellee: Alan R. Beard John Knox Walkup 737 Market Street, Suite 601 Attorney General and Reporter Chattanooga, TN 37402 Timothy F. Behan Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 William H. Cox, III District Attorney General C. Leland Davis Assistant District Attorney 600 Market Street, Suite 310 Chattanooga, TN 37402 Judge:Barker First Paragraph: The appellant, Albert Christian Padgett, appeals as of right his convictions in the Hamilton County Criminal Court of especially aggravated kidnapping, two counts of aggravated rape, two counts of aggravated robbery, and theft over $1,000. He received an effective sentence of 103 years. Appellant argues on appeal: (1) that the trial court erred in allowing separate convictions for aggravated rape and especially aggravated kidnapping based upon the same criminal episode; (2) that the trial court erred in allowing two convictions for aggravated rape when both rapes occurred at the same time and involved the same victim; and (3) that the trial court erred in failing to instruct the jury on the defense of necessity. After a thorough review of the record, we find no reversible error. Accordingly, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/padgett_opn.WP6 STATE OF TENNESSEE VS. ALGERNON WILLIE RICE Court:TCCA Attorneys: For the Appellant: For the Appellee: Ardena J. Garth John Knox Walkup District Public Defender Attorney General of Tennessee and and Richard K. Mabee Clinton J. Morgan Assistant Public Defender Asst. Attorney General of Tennessee 701 Cherry Street, Suite 300 425 Fifth Avenue North Chattanooga, TN 37402 Nashville, TN 37243-0493 (AT TRIAL) William H. Cox, III Ardena J. Garth District Attorney General District Public Defender and and Bates W. Bryan, Jr. Donna Robinson Miller Assistant District Attorney General Assistant Public Defender 600 Market Street, Suite 310 701 Cherry Street, Suite 300 Chattanooga, TN 37402 Chattanooga, TN 37402 (ON APPEAL) Judge:Tipton First Paragraph: The defendant, Algernon Willie Rice, appeals as of right from his conviction upon a guilty plea in the Hamilton County Criminal Court for second degree murder, a Class A felony. The trial court sentenced the defendant as a Range I, standard offender to twenty years in the Department of Correction. The defendant contends that the trial court erred by applying enhancement factors and by failing to consider mitigating factors. We affirm the judgment of conviction. URL:http://www.tba.org/tba_files/TCCA/riceaw_opn.WP6
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