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.
- 00-New Opinons From TSC
- 01-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 05-New Opinons From TCA
- 03-New Opinons From TCCA
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Lucian T. Pera
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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