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
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 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 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 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 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 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 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 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 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 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 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 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 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 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
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