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TBALink Opinion-Flash
October 5, 1998 -- Volume #4 -- Number #142
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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- 00-New Opinons From TSC-Workers Comp Panel
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- 00-New Opinons From TSC
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Lucian T. Pera
Editor-in-Chief, TBALink
OPINION NO. 98-4 Court:TSC - Rules Judge:Peete First Paragraph: We have been asked to render an ethics opinion regarding the Code of Judicial Ethics, specifically, whether a judge or judicial candidate can respond to probative questionnaires submitted to the judge or candidate by special advocacy groups which ask the judge or judicial candidate the manner in which the candidate would rule in specific cases, controversies or issues likely to come before the court, pending endorsement by such group. URL:http://www.tba.org/tba_files/TSC-RULES/98-4_OPN.WP6
LINDA ADKINS
VS.
RICK KECK and TORBETT AUTO SUPPLY
Court:TCA
Attorneys:
R. Jackson Rose, Harrogate, for the Appellant.
James D. Estep, III, Tazewell, for the Appellee, Rick Keck.
David L. Hill, Knoxville, for the Appellee, Torbett Auto Supply, Inc.
Judge:INMAN
First Paragraph:
The plaintiff suffered an alleged whiplash injury on March 17, 1994
when her vehicle was struck from behind by the vehicle operated by the
defendant Keck, who was on the business of his co-defendant. The jury
returned a verdict for the plaintiff for $9,340.00 and apportioned 15
percent of the fault to her, apparently accepting the defendant Keck's
testimony that the brake lights on the plaintiff's car were
inoperable.
URL:http://www.tba.org/tba_files/TCA/adkins_ca3.WP6
JEREMY P. CRYE, a Minor, by
his next friend and Mother
BEVERLY A. ROGERS, and
BEVERLY A. ROGERS, Individually
VS.
LLOYD C. NORTON and MARY B. NORTON
Court:TCA
Attorneys:
Herbert S. Moncier and David S. Wigler, Knoxville, for Appellants.
Paul D. Hogan, Knoxville, for Apellee Mary P. Norton.
Judge:INMAN
First Paragraph:
The plaintiff, Jeremy P. Crye, seeks to impose liability on Mary B.
Morton for the act of her son, Lloyd C. Norton, in shooting him. The
trial judge granted her motion for summary judgment without
enlargement. The plaintiff appeals, and presents for review the issue
of whether the proof relevant to the motion established a genuine
dispute of a material fact, thus requiring a merit trial.
URL:http://www.tba.org/tba_files/TCA/crye_ca3.WP6
IN THE MATTER OF:
The adoption of DAMON ALAN KRATOCHVIL
A Minor
by
JAMES L. COONE and SONJA COONE
VS.
DANNY ALAN KRATOCHVIL
Court:TCA
Attorneys:
BRUCE H. GUTHRIE, II, Chattanooga, for Appellant.
GLENNA M. RAMER, Chattanooga, for Appellees.
Judge:McMurray
First Paragraph:
In this adoption case, Danny Alan Kratochvil (respondent) appeals the
trial court's order terminating his parental rights regarding his son,
Damon Alan Kratochvil. The biological mother's parental rights were
terminated by default judgment, and she is not a party to this appeal.
We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCA/kratocvl_opn.WP6
KAREN LYNN PILCHER and HUSBAND KEITH A. PILCHER
VS.
A. L. MONEYMAKER, JR., and wife ROBERTA MONEYMAKER
Court:TCA
Attorneys:
MICHAEL W. RITTER OF OAK RIDGE FOR APPELLANTS
HAROLD P. COUSINS, JR., and GEORGE H. BUXTON, III, OF OAK RIDGE
FOR APPELLEES
Judge:GODDARD
First Paragraph:
A. L. Moneymaker, Jr., and his wife Roberta Moneymaker appeal a
judgment rendered by the Trial Court against them in the amount of
$36,000 as a result of personal injuries sustained by Karen Lynn
Pilcher and loss of consortium of her husband, Keith A. Pilcher. The
suit arose as a result of a collision occurring on September 3, 1994,
about 10:00 a.m., between a female dog named Spec, alleged to be owned
by Mr. and Mrs. Moneymaker, and a bicycle being ridden by Mrs. Pilcher
on Dutch Valley Road in Anderson County.
URL:http://www.tba.org/tba_files/TCA/pilcherk_opn.WP6
LARRY G. RELFORD
VS.
WILLIAM DeROCHIE and STEVE LaFON
Court:TCA
Attorneys:
SAM G. SMITH, JR., OF KNOXVILLE FOR APPELLANT
ROBERT A. CRAWFORD OF KNOXVILLE FOR APPELLEE STEVE LaFON
Judge:GODDARD
First Paragraph:
Larry G. Relford, an employee of William DeRochie, sued Mr. DeRochie
and Steve LaFon, seeking damages for injuries received by him when he
fell from a scaffold while framing a personal residence being erected
for Mr. LaFon under a contract with Mr. DeRochie, the general
contractor. As best we understand the complaint, it is grounded upon
two theories--first, that Mr. LaFon failed to provide a safe place for
Mr. Relford to work and, second, that Mr. LaFon was, as contemplated
by T.C.A. 50-6-111, a statutory employer and subject to the provisions
of the Tennessee Workers' Compensation Statute.
URL:http://www.tba.org/tba_files/TCA/relfordl_opn.WP6
STATE OF TENNESSEE
VS.
KENNETH W. ERVIN
WITH DISSENT
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MACK GARNER JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
419 High St.
Maryville, TN 37804 JANIS L. TURNER
Asst. Attorney General
John Sevier Bldg.
425 Fifth Ave., North
Nashville, TN 37243-0493
MIKE FLYNN
District Attorney General
EDWARD P. BAILEY, JR.
Asst. District Attorney General
363 Court St.
Maryville, TN 37804
Judge:HAYES
First Paragraph:
The appellant, Kenneth W. Ervin, appeals the sentences imposed by the
Blount County Circuit Court following revocation of his Community
Corrections sentences. The appellant's placement in the Community
Corrections program stemmed from his guilty pleas to three class C
felonies. This appeal is before this court from a previous remand of
the sentencing hearing following revocation. Upon remand, the trial
court increased the term imposed for each of the multiple sentences by
one year and modified the previously ordered concurrent sentences to
reflect that they be served consecutively. In this appeal, the
appellant contends (1) that the trial court erred in increasing his
sentences by one year; (2) that the trial court erred in ordering his
sentences to run consecutively; and (3) that, because the plea
agreement violated mandatory consecutive sentencing requirements, he
should have been allowed to withdraw his guilty pleas.
URL:http://www.tba.org/tba_files/TCCA/ervinkw_opn.WP6
DISSENT:
URL:http://www.tba.org/tba_files/TCCA/ervinkw_dis.WP6
STATE OF TENNESSEE
VS.
CECIL EUGENE McGUIRE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DENNIS CAMPBELL JOHN KNOX WALKUP
Assistant Public Defender Attorney General & Reporter
140 A Court Ave.
Sevierville, TN 37862 MICHAEL J. FAHEY
Assistant Attorney General
Criminal Justice Division
425 Fifth Ave. North
2d Floor, Cordell Hull Bldg.
Nashville, TN 37243-0493
ALFRED C. SCHMUTZER, JR.
District Attorney General
STEVEN R. HAWKINS
Assistant District Attorney General
125 Court Ave., Suite 301
Sevierville, TN 37862
Judge:WITT
First Paragraph:
The Sevier County Grand Jury indicted sixteen-year old Cecil Eugene
McGuire for aggravated rape, aggravated sexual battery, and aggravated
burglary. After a trial, the jury acquitted the defendant of
aggravated rape and aggravated burglary but found him guilty of
aggravated sexual battery and aggravated criminal trespass, a lesser
grade offense of aggravated burglary. The trial court sentenced him
to serve eleven years in the custody of the Department of Correction
as a Range I, standard offender for the Class B felony, concurrently
with eleven months and twenty-nine days for the Class A misdemeanor.
URL:http://www.tba.org/tba_files/TCCA/mcguirec_opn.WP6
STATE OF TENNESSEE
VS.
STEVEN TOLBERT
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
A. CHRISTIAN LANIER, III JOHN KNOX WALKUP
615 Lindsay Street, Suite 150 Attorney General & Reporter
Chattanooga, TN 37402
ELLEN H. POLLACK
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
WILLIAM H. COX, III
District Attorney General
THOMAS J. EVANS
Assistant District Attorney General
600 Market Street - Courts Bldg.
Chattanooga, TN 37402
Judge:
First Paragraph:
The defendant was indicted for first-degree premeditated murder and
was convicted of that offense by a jury. He was subsequently
sentenced to life imprisonment. He now appeals as of right from his
conviction and raises the following issues for review: (1) sufficiency
of the evidence;
(2) exclusion of certain testimony concerning the victim's alleged
propensity for violence;
(3) admission of the E-911 audio tape;
(4) allowing the State to question him regarding his prior
incarceration;
(5) use of improper jury instructions;
(6) failure to sequester the jury;
(7) ineffective assistance of counsel; and
(8) exclusion of evidence that the victim had used marijuana.
Upon our review of the record, we affirm the conviction.
URL:http://www.tba.org/tba_files/TCCA/tolberts_opn.WP6
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