TBALink Opinion-Flash

October 7, 1998 -- Volume #4 -- Number #144

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.

This Issue (IN THIS ORDER):
02-New Opinon(s) From TSC
00-New Document(s) or Proposed Rule(s) From TSC-Rules
01-New Opinon(s) From TSC-Workers Comp Panel
00-New Opinon(s) From TCA
04-New Opinon(s) From TCCA
00-New Formal Ethics Opinion(s) from the BPR

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Lucian T. Pera
Editor-in-Chief, TBALink



CITICORP MORTGAGE, INC.
VS.
JOHN P. ROBERTS

Court:TSC

Attorneys:  

For Plaintiff-Appellee:         For Defendant-Appellant:    

R. Mark Glover                  Tim Edwards
Michael C. Patton               James F. Horner
Baker, Donelson, Bearman,       Glassman, Jeter, Edwards
& Caldwell, P.C.                        & Wade, P.C.
Memphis, Tennessee              Memphis, Tennessee                        

Judge:DROWOTA

First Paragraph:

In this legal malpractice action, the defendant, John P. Roberts,
appeals from the Court of Appeals' reversal of summary judgment
entered by the trial court in his favor based on the expiration of the
statute of limitations.  The issue for our determination is whether
the present action is barred by the one-year statute of limitations
applicable to legal malpractice actions, Tenn. Code Ann. S 28-3-104. 
After carefully examining the record before us and considering the
relevant authorities, we conclude that the instant suit is
time-barred.  Accordingly, for the reasons explained hereafter, the
decision of the Court of Appeals to reverse the trial court's grant of
summary judgment to the defendant is reversed.

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

BARBARA WHITE, as the   
Administratrix of the Estate
of Earl R. White, deceased
VS. 
WILLIAM H. LAWRENCE, M.D.

Court:TSC                          

Judge:PER CURIAM

First Paragraph:

The Court has considered the Petition for Rehearing filed by the
defendant/appellee, and it is the decision of a majority of this Court
that the petition is without merit.  The Petition for Rehearing is
denied.

Justices Drowota and Holder adhere to the views expressed in their
original opinions.

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

GLENN M. BERGER
VS.
LEAR SEATING CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:   

For the Appellant:                  For the Appellee:

Jeffrey C. Taylor                   Douglas R. Beier
Wimberly, Lawson & Seale, PLLC      Evans & Beier, LLP
Liberty Center                      P.O. Box 1754
929 West First North Street         Morristown, TN  37816-1754
P.O. Box 1066
Morristown, TN  37816-1066
          
Judge:BYERS

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.

URL:http://www.tba.org/tba_files/TSC_WCP/bergergl_wc.WP6
Opinion-Flash

TIMOTHY R. POWELL
VS.
STATE OF TENNESSEE,

Court:TCCA

Attorneys:                          

FOR THE APPELLANT:      FOR THE APPELLEE:

TIMOTHY R. POWELL       JOHN KNOX WALKUP
Pro Se                  Attorney General and Reporter
7466 Centennial Blvd.
Nashville, TN 37209     LISA A. NAYLOR
                        Assistant Attorney General
                        425 5th Avenue North
                        Nashville, TN 37243-0493

                        VICTOR S. JOHNSON
                        District Attorney General

                        BERNARD McEVOY
                        Assistant District Attorney General
                        Washington Square, Suite 500
                        222  2nd Avenue North
                        Nashville, TN 37201-1649
Judge:WELLES

First Paragraph:

The Defendant, Timothy R. Powell, appeals as of right from the order
of the trial court summarily dismissing his second petition for
post-conviction relief.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE
VS.
RICK SCUDDER

Court:TCCA

Attorneys: 

    FOR THE APPELLANT:
    
    MACK GARNER 
    Office of the Public Defender
    Fifth Judicial District 
    421 High Street
    Maryville, Tennessee  37804
    
    GERALD L. GULLEY, JR. 
    (on appeal only)
    Contract Appellate Defender
    P.O. Box 1708
    Knoxville, Tennessee  37901-1708

    FOR THE APPELLEE:
    
    JOHN KNOX WALKUP
    Attorney General and Reporter
    
    GEORGIA BLYTHE FELNER
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    MICHAEL L. FLYNN
    District Attorney General
    
    KIRK ANDREWS
    Assistant District Attorney General
    363 Court Street
    Maryville, Tennessee  37804                         

Judge:RILEY

First Paragraph:

The appellant, Rick Scudder, appeals the order of the Blount County
Circuit Court revoking his intensive probation and requiring him to
serve the balance of a one-year sentence.  On appeal, he claims that
the trial court erred in revoking his probation and ordering him to
serve his sentence in confinement.  Finding no merit to these
assertions, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE
VS.
JEFFREY C. STIDDUM

Court:TCCA

Attorneys:  

FOR THE APPELLANT:
    
    C. DIANE CROSIER
    Assistant Public Defender
    407 C. Main street
    P.O. Box 68
    Franklin, TN  37065-0068
    

    FOR THE APPELLEE:
    
    JOHN KNOX WALKUP
    Attorney General and Reporter
    
    LISA A. NAYLOR
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    JOSEPH D. BAUGH, JR.
    District Attorney General
    
    LEE DRYER
    Assistant District Attorney General
    P.O. Box 937
    Franklin, TN  37065-0937                        

Judge:MOORE

First Paragraph:

The appellant, Jeffrey C. Stiddum, was indicted by the Williamson
County grand jury on February 10, 1997, as follows: 
1.  One count  of attempted aggravated burglary in Case No. I-297-73.
2.  One count of aggravated burglary and two counts of theft of
property        with a value of more than $500.00 in Case No. I-297-74.
3.  One Count of aggravated burglary and two counts of theft of
property        with a value of more than $500.00 in Case No. I-297-75.
4.  One count of aggravated burglary and two counts of theft of
property        with a value of more than $500.00 in Case No. I-297-76.
5.  One count of aggravated burglary in Case No. I-297-77. 6.   One
count of aggravated burglary and two counts of theft under $500.00 in
Case No. I-297-78. 7.   One count of aggravated burglary and two
counts of theft of property         with a value of more than $500.00
in Case No. I-297-79. 8.    One count of aggravated burglary and two
counts of theft of property         with a value of more than $1,000.00
in Case No. I-297-80.

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

STATE OF TENNESSEE
VS.
JASON L. WINCHESTER,

Court:TCCA

Attorneys:   

FOR THE APPELLANT:          FOR THE APPELLEE:


WILLIAM R. UNDERHILL        JOHN KNOX WALKUP
512 Main St.                Attorney General & Reporter
Springfield, TN 37172
                            DEBORAH A. TULLIS
                            Asst. Attorney General
                            John Sevier Bldg.
                            425 Fifth Ave., North
                            Nashville, TN  37243-0493
        
                            JOHN W. CARNEY
                            District Attorney General

                            DENT MORRISS
                            Asst. District Attorney General
                            500 South Main St.
                            Springfield, TN 37172                       

Judge:PEAY

First Paragraph:

The defendant pled guilty to burglary, carjacking, and aggravated
assault.  Ultimately, he received an effective sentence of thirteen
years incarceration: ten years for carjacking; five years for
aggravated assault, to be served concurrently with the carjacking
sentence; and three years for burglary, to be served consecutively to
the ten year carjacking sentence.  The defendant now appeals, arguing
that the trial court improperly imposed consecutive sentences under
T.C.A. S 40-35-115.  We affirm.

URL:http://www.tba.org/tba_files/TCCA/winchest_opn.WP6


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