TBALink Opinion-Flash

Month , 1998 -- Volume #4 -- Number #128

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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04-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
06-New Opinons From TCA
04-New Opinons From TCCA

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Lucian T. Pera
Editor-in-Chief, TBALink



IN RE: SUPREME COURT RULE 30 (Media Coverage)

Court:TSC                         

Judge:Anderson

First Paragraph:

Following a one-year pilot program from January 1, 1996, to December
31, 1996, this Court, pursuant to our supervisory role over the
judicial  system of this state, adopted Supreme Court Rule 30, which
governs media coverage of judicial proceedings in the State of
Tennessee.  The rule authorizes media coverage, including television,
subject to the presiding judge's authority to control the courtroom
proceedings, to maintain decorum, to guarantee the safety of
participants, and to ensure the fair and impartial administration of
justice.

URL:http://www.tba.org/tba_files/TSC/camera2_ord.WP6
Opinion-Flash

MEMPHIS PUBLISHING COMPANY
VS.
TENNESSEE PETROLEUM
UNDERGROUND STORAGE TANK
BOARD, AND J.W. LUNA AS
COMMISSIONER OF THE
TENNESSEE DEPARTMENT OF
ENVIRONMENT AND
CONSERVATION

Court:TSC

Attorneys:  

For the Appellant:                  For the Appellee:                                               
John Knox Walkup                    S. Russell Headrick
Attorney General & Reporter         Stephen P. Hale
                                    Memphis, Tennessee
Michael E. Moore                
Solicitor General                   
                        
Barry Turner
Deputy Attorney General
Nashville, Tennessee                                

Judge:DROWOTA

First Paragraph:

The issue in this appeal is whether the law of the case doctrine
applies on remand to issues implicitly decided by an intermediate
appellate court if this Court denied permission to appeal from that
decision, but concurred in results only.  For the reasons that follow,
we hold that the law of the case doctrine applies to all issues
decided either implicitly or explicitly by an intermediate appellate
court.  This Court's  denial of permission to appeal with concurrence
in results only does not alter this longstanding rule.  Accordingly,
we affirm the judgment of the Chancellor and the Court of Appeals.

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

CITY OF SOUTH FULTON, TENNESSEE 
CITY OF BRADFORD, TENNESSEE; and
WEAKLEY COUNTY, TENNESSEE, for  
the use and benefit of Weakley County
Municipal Electric System
VS.
HICKMAN-FULTON COUNTIES RURAL
ELECTRIC COOPERATIVE CORPORATION;
WALLY BEYER, Administrator, Rural   
of Agriculture; CHARLES B. GILL, Governor,  
National Rural Utilities Cooperative Finance
Corporation; NATIONAL BANK FOR  
COOPERATIVES

Court:TSC

Attorneys: 

For Plaintiff-Respondent:       For Defendant/Petitioner:

Frank S. King, Jr.,             Herbert S. Sanger, Jr.
King & Ballow                   Charles A. Wagner III
Nashville, Tennessee            Wagner, Myers & Sanger, P.C.
                                Knoxville, Tennessee

                                G. Griffin Boyte
                                Warmath and Boyte
                                Humboldt, Tennessee 
                         

Judge:DROWOTA

First Paragraph:

Pursuant to Rule 23 of the Rules of the Supreme Court of Tennessee,
this Court accepted certification of the following two questions from
the United States Court of Appeals for the Sixth Circuit. 1.  Does
Tennessee law, specifically the Municipal Electric Plant Law, Tenn.
Code Ann. SS 7-52-101 -- 7-52-310, the Local Government Public
Obligations Act, Tenn. Code Ann. SS 9-21-101 -- 9-21-1016, or the
Revenue Bond Law, Tenn. Code Ann. SS 7-34-101 -- 7-34-118, authorize a
city to condemn the facilities and service areas of an electric
cooperative serving consumers within the city's municipal boundaries
and to grant to another county's electric system the right to operate
those facilities and provide service to consumers within those service
areas?

2.  If Tennessee law does so authorize, does Tennessee Code Annotated
Section 6-51-112 nevertheless prohibit the city from altering any
service areas that were outside the city's municipal boundaries on
March 6, 1968?

As more fully explained below, our conclusion with respect to the
first question is that Tennessee law, specifically the Revenue Bond
Law, authorizes a city to condemn the facilities and service areas of
an electric cooperative serving consumers within the city's municipal
boundaries and to grant to another county's electric system the right
to operate those facilities and provide service to consumers within
those service areas.  With respect to the second certified question,
we conclude that Tenn. Code Ann. S 6-51-112 does not prohibit the city
from altering service areas that were outside the city's municipal
boundaries on March 6, 1968.

URL:http://www.tba.org/tba_files/TSC/southfu1_opn.WP6
Opinion-Flash

BARBARA WHITE
VS.
WILLIAM H. LAWRENCE, M.D.

Court:TSC

Attorneys:  

For Plaintiff-Appellant:               For Defendant-Appellee:

David L. Cooper         	        Jerry D. Kizer, Jr.
John M. Cannon                      Patrick W. Rogers
Columba A. Mchale                   Rainey, Kizer, Butler,
Cannon, Cannon & Copper, P.C.           Reviere & Bell, P.L.C.
Goodlettsville                    	  Jackson                        

Judge:REID

First Paragraph:

This is a medical malpractice case in which the plaintiff, Barbara
White, administratrix of the estate of her deceased husband, Earl R.
White, appeals from the Court of Appeals' decision to reverse the
trial court's denial of a motion for summary judgment for the
defendant, Dr. William H. Lawrence.  The issues to be decided are
whether the decedent's suicide was a superseding, intervening cause,
thereby precluding recovery against the defendant as a matter of law,
and whether the decedent's suicide may be considered in determining
the fault of the defendant under McIntyre v. Balentine, 833 S.W.2d 52
(Tenn. 1992).  The conclusions are that the decedent's act of suicide
was not a superseding, intervening cause of death as a matter of law,
but a question of fact to be resolved at trial, and the decedent's
intentional act of committing suicide may not be considered in
assessing fault against the defendant.

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

RONALD COLLIER
VS.
TENNESSEE DEPARTMENT OF
CORRECTIONS, et. al.,

Court:TCA

Judge:TODD

First Paragraph:

On August 5, 1998, the Clerk of this Court received a "Memorandum of
Law, Facts and Exhibits in Support of Petition for Rehearing,"
apparently referring to the opinion filed by this Court on July 22,
1998.  The Clerk has no record of the receipt of a petition to rehear
in this case.


URL:http://www.tba.org/tba_files/TCA/collier3_ord.WP6
Opinion-Flash

DON HARDEN
VS.
DANEK MEDICAL, INC.

Court:TCA

Attorneys:  

CLINT J. WOODFIN, RALPH BROWN & ASSOCIATES, Knoxville, for
Plaintiff-Appellant.

ROBERT R. CAMPBELL, HODGES, DOUGHTY & CARSON, and STEPHEN S. PHILLIPS
AND JAMES M. BECK, PEPPER HAMILTON, LLP, Philadelphia, PA, for
Defendant-Appellee.
                        

Judge: FRANKS

First Paragraph:

In this action for allegedly manufacturing a defective product which
harmed plaintiff, the Trial Judge granted defendant summary judgment,
and plaintiff has appealed. The principal issue on appeal stated in
plaintiff's brief is: Did the Trial Court commit reversible error by
holding that no genuine issues of material fact existed in the record
on August 19, 1997, and granting summary judgment to the defendant on
that basis.

Appellant in his brief argues that the Trial Judge committed several
errors which were not specified as issues in the statement of issues. 
The issue as stated is simply not reviewable.  We said in Leeson v.
Chernau, 737 S.W.2d 634 (Tenn. App. 1987) p.637: T.R.A.P. does not
contemplate that an appellant may submit one blanket issue as to the
correctness of the judgment and thereby open the door to argument upon
various issues which might affect the correctness of the judgment.

Since the appellee effectively cured this defect by filing a
"counter-statement of the issues presented", we will consider the
issues presented.

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

NOBLE NEAL KNIGHT, a non compos
mentis next friend and guardian,
FRED KNIGHT
VS.
JAMES LANCASTER, Defendant
and MADGE BOGGILD, 

Court:TCA

Judge:CRAWFORD

First Paragraph:

Defendant-Appellant Madge Boggild has filed a petition to rehear, and
from our re-review of the record we have determined that the petition
to rehear is not well taken. Accordingly, the petition to rehear is
denied.

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

MARY LONGWORTH and) LOUDON COUNTY   
LUCY LONGWORTH
VS.
SHARON A. NUNEZ, a/k/a SHARON)
BENNETT, JERRY BENNETT, and)
ROCKY TOP MOTORS)

Court:TCA

Attorneys:  

JOSEPH B. YANCEY and MICHAEL F. SIMPSON OF KNOXVILLE FOR APPELLANTS

STEPHANIE A. WALSH OF KNOXVILLE FOR APPELLEE ROCKY TOP MOTORS                        

Judge:GODDARD

First Paragraph:

In this appeal Plaintiffs Mary Longworth and Lucy Longworth insist the
Trial Court erroneously granted summary judgment dismissing their suit
against Rocky Top Motors in which they sought damages for personal
injuries as a result of an automobile accident.

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

EDWARD TRAUGHBER, ET AL.
VS.
KELLY A. KRESS, ET AL.

Court:TCA                         

Judge:TODD

First Paragraph:

The appellants have filed a respectful petition to rehear which has
been considered and found to be without merit.

The petition is therefore respectfully denied.

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

JOE WALDRON
VS.
DELFFS and JAMES COY DELFFS,

Court:TCA

Attorneys:  

John H. Norton, III of Shelbyville
Thomas F. Bloom of Nashville
For Appellant

Allen Shoffner of Shelbyville
For Appellee, James Coy Delffs                        

Judge:CRAWFORD

First Paragraph:

This case involves an attempt to recover money on a loan. 
Plaintiff/Appellant Joe Waldron (Waldron) appeals from the trial
court's order granting judgment on the pleadings to Defendant/Appellee
James Coy Delffs. Waldron's Complaint alleges that on May 1, 1991,
Defendants Gary and Clara Delffs borrowed from Waldron $50,000 at an
interest rate of thirteen (13%) percent.  This indebtedness was to be
due and payable on May 1, 1992.  In July of 1991, Gary and Clara
Delffs borrowed an additional $30,000 from Waldron that was also to be
due and payable on May 1, 1992.  The loan was still outstanding on May
1, 1992, at which time Waldron extended the loan for another year and
lent an additional $4,000 to Gary and Clara Delffs.  At this time, a
note evidencing the total indebtedness was signed by Gary and Clara
Delffs, as well as by James Coy Delffs, the father of Gary Delffs. 
The sum plus twelve (12%) percent interest was to be due and payable
on May 1, 1993.  The loan was again renewed in May of 1993, at which
time Waldron alleges that he was owed the principal indebtedness of
$120,000 plus eleven (11%) percent interest to be due and payable on
May 1, 1994.

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

STATE OF TENNESSEE
VS.
DREXELL T. RIDLEY   

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:

WILLIAM C. ROBERTS, JR.     JOHN KNOX WALKUP
At trial and on Appeal      Attorney General & Reporter
404 James Robertson Parkway
Parkway Towers, Suite 2121
Nashville, TN 37219         TIMOTHY F. BEHAN
                            Assistant Attorney General
JOHN G. OLIVA               Criminal Justice Division
On Appeal                   425 Fifth Ave. North
601 Woodland St.            2d Floor, Cordell Hull Bldg.
Nashville, TN 37201         Nashville, TN 37243-0493    

                            WILLIAM MICHAEL McCOWN
                            District Attorney General
                            215 E. College St.
                            P. O. Box 878
                            Fayetteville, TN 37334-0878

                            WEAKLEY E. BARNARD
                            Assistant District Attorney General
                            P.O. Box 904
                            Fayetteville, TN 37334
                          

Judge:WITT

First Paragraph:

In this direct appeal, the defendant, Drexell T. Ridley, challenges
the sentences he received as result of his conviction in the Lincoln
County Circuit Court for two counts of transfer of a forged instrument
and one count of theft of property valued at less than $500.00.  The
trial court sentenced him to six years and four years in the custody
of the Department of Correction as a Range III, persistent offender,
for the two forgery convictions and to nine months in the county jail
for theft.  The jury imposed and the trial court approved fines of
$750.00 on each conviction.    The defendant must serve his sentences
consecutively.  In this appeal, the defendant complains that the trial
court applied non-statutory factors in imposing consecutive sentences.
 We affirm the judgment of the trial court.

URL:http://www.tba.org/tba_files/tcca/ridleyd_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
VS.
BRANDON WILSON

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

Raymond Mack Garner             John Knox Walkup
District Public Defender        Attorney General of Tennessee
     and                        and             
George H. Waters                Marvin E. Clements, Jr.
     and                        Assistant Attorney General of Tennessee
Roland Cowden                   450 James Robertson Parkway     
Assistant Public Defenders      Nashville, TN 37243-0493
419 High Street
Maryville, TN 37804-4912        Michael L. Flynn
                                District Attorney General
                                and
                                Philip Morton
                                Assistant District Attorney General
                                Blount County Courthouse
                                37804-5906
                          

Judge:TIPTON

First Paragraph:

The defendant, Brandon Wilson, appeals as of right from his
convictions in the Blount County Circuit Court upon guilty pleas for
six counts of delivering one-half gram or more of cocaine, a Class B
felony, one count of possessing less than one-half gram of cocaine
with the intent to sell or deliver, a Class C felony, and one count of
delivering less than one-half gram of cocaine, a Class C felony.  For
each of the Class B felonies, the defendant was sentenced as a Range
I, standard offender to ten years in the custody of the Department of
Correction and was fined two thousand dollars.  The trial court
sentenced the defendant as a Range II, multiple offender to six years
in the custody of the Department of Correction for each of the Class C
felonies and fined the defendant three thousand dollars and two
thousand dollars, respectively.  The sentences are to be served
concurrently.

URL:http://www.tba.org/tba_files/tcca/wilsonb_opn.WP6
Opinion-Flash

GREGORY SCOTT SPOONER
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:          FOR THE APPELLEE:

HERBERT HOLCOMB             JOHN KNOX WALKUP
101 Church Street           Attorney General and Reporter
Rogersville, TN  37857  
                            PETER M. COUGHLAN
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN  37243-0493

                            C. BERKELEY BELL
                            District Attorney General

                            FLOYD W. RHEA
                            Assistant District Attorney
                            North Court Street
                            Sneedville, TN  37869                        

Judge:SMITH

First Paragraph:

Appellant Gregory Scott Spooner appeals the trial court's denial of
his petition for post-conviction relief.  He presents the following
issue for review:  whether the trial court erred in denying
Appellant's petition for post-conviction relief based upon the
ineffective assistance of trial counsel. After a review of the record,
we affirm the judgment of the trial court.

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

STATE OF TENNESSEE
VS.
CHARLES B. TREADWELL

Court:TCCA

Attorneys: 

    FOR THE APPELLANT:
    
    F. THOMAS GIAMBATTISTA
    (At Trial)
    1008 17th Avenue, S.
    Nashville, TN  37212
    
    JOHN T. CONNERS, III
    (On Appeal)
    P.O. Box 1451
    Franklin, TN  37065-1451

    FOR THE APPELLEE:
    
    JOHN KNOX WALKUP
    Attorney General and Reporter
    
    DARYL J. BRAND
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    VICTOR S. JOHNSON, III
    District Attorney General
    
    STEVE R. DOZIER
    Assistant District Attorney General
    Washington Square, Suite 500
    222 Second Avenue, North
    Nashville, TN  37201-1649                         

Judge:RILEY

First Paragraph:

The defendant, Charles B. Treadwell, was convicted by a Davidson
County jury of one (1) count of aggravated assault, one (1) count of
simple assault and one (1) count of misdemeanor stalking.  He was
sentenced to five (5) years for aggravated assault and eleven (11)
months and twenty-nine (29) days each for simple assault and stalking.
 On appeal, he brings the following issues for this Court's review:
(1) whether the evidence is sufficient to support his convictions;

(2) whether he was denied his right to a unanimous jury verdict on
the stalking offense; and

(3) whether he was denied effective assistance of trial counsel.

After a thorough review of the record before this Court, we find no
error.  Accordingly, the judgment of the trial court is affirmed.

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

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