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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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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
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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