TBALink Opinion-Flash

November 6, 1998 -- Volume 4 -- Number 162

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):
00-New Opinion(s) from the Tennessee Supreme Court
00-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
00-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
08-New Opinion(s) from the Tennessee Court of Appeals
04-New Opinion(s) from the Tennessee Court of Criminal Appeals
00-New Judicial Ethics Opinion(s)
00-New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Lucian T. Pera
Editor-in-Chief, TBALink



BRENDA S. (CUNNINGHAM) CAMPBELL
VS.
CHARLES S. CAMPBELL

Court:TCA

Attorneys:   

JEFFERY D. PARRISH
BOROD & KRAMER, P.C.
Memphis, Tennessee
Attorney for Appellant

STEPHANIE L. PRENTIS
Savannah, Tennessee
Attorney for Appellee                       

Judge:HIGHERS

First Paragraph:

Defendant Charles E. Campbell (Husband) appeals the final decree of
divorce entered by the trial court which distributed the parties'
property and ordered Husband to pay child support and alimony to
Plaintiff/Appellee Brenda S. Cunningham Campbell (Wife).  On appeal
from the final decree, Husband contends that the trial court erred in
the following respects:  (1) in imputing income of $2,000 per month to
Husband for purposes of calculating his child support obligation; (2)
in allocating to Husband a $2,600 debt with the Hardin County Bank;
(3) in awarding Wife the marital home valued at $44,000; and (4) in
awarding Wife $150 per month and other amounts as alimony.  We affirm.

URL:http://www.tba.org/tba_files/TCA/campbelb_opn.WP6
Opinion-Flash

THOMAS HENRY CAMPBELL
VS.
RUTH CAROLINE CAMPBELL

Court:TCA

Attorneys:   

David E. Caywood, Marc E. Reisman
Causey, Caywood, Taylor, McManus & Bailey of Memphis
For Appellee

Dennis J. Sossaman of Memphis
For Appellant
                       

Judge:CRAWFORD

First Paragraph:

This appeal involves a motion to modify an alimony award.  Appellant,
Thomas Henry Campbell (Husband), appeals from the Chancellor's order
denying his motion to modify alimony and awarding Appellee, Ruth
Caroline Campbell (Wife), attorney's fees and costs. 

The parties were married on March 1, 1953 in Reno, Nevada.  In
December of 1982, the couple separated and on August 21, 1984, Husband
filed a complaint for divorce on the grounds of irreconcilable
differences.  The parties entered into a Property Settlement Agreement
(Agreement) on April 22, 1985.  Subsequently, a final decree of
divorce was entered on May 6, 1985 which approved and incorporated the
Agreement.

URL:http://www.tba.org/tba_files/TCA/cmpbellt_opn.WP6
Opinion-Flash

EDDIE COOK, in his capacity as  HICKMAN COUNTY HIGHWAY
SUPERINTENDENT, and THE HICKMAN COUNTY HIGHWAY COMMISSION
VS.
ARCHIE GLEN EDWARDS and wife, MARTHA SUE EDWARDS

Court:TCA

Attorneys: 

DANA DYE
P. O. Box 11
105 West End Avenue
Centerville, Tennessee 37033
    Attorney for Plaintiffs/Appellees

JERRY SCOTT
JOHN KEA
110 City Center Building
100 East Vine Street
Murfreesboro, Tennessee 37133-1216
    Attorneys for Defendants/Appellants                         

Judge:CANTRELL

First Paragraph:

The Hickman County Road Superintendent filed a declaratory judgment
action to ascertain if an old cemetery road across the defendants'
property was a public road.  The Chancery Court of Hickman County
ruled that the road was not a public road but that the defendants'
property was subject to an easement created in a deed in their chain
of title.  Since the court granted relief that no one had sought, to
individuals not parties to the action, we reverse.

URL:http://www.tba.org/tba_files/TCA/cooke_opn.WP6
Opinion-Flash

REGENIA ELLISON
VS.
CHERRI ELLISON

Court:TCA

Attorneys:    

Lance E. Webb of Union City
For Appellant

John Knox Walkup, Attorney General and Reporter
Ronald W. McNutt, Assistant Attorney General                      

Judge:CRAWFORD

First Paragraph:

This appeal involves a petition for grandparent visitation filed by
plaintiff, Regina Ellison, paternal grandmother of Garrett Ellison and
Ethan Wayne Ellison, minor children of defendant, Cherri Ellison, and
Terry Ellison, deceased.  After an evidentiary hearing, the trial
court granted visitation.  Cherri Ellison (Mother) has appealed and
presents the following issues for review as stated in her brief: 1. 
Whether Tenn. Code Ann. S 36-6-306 is unconstitutional because it
authorizes courts to order grandparent visitation upon a finding that
such visitation is in the "best interest" of the child without first
requiring the finding of a danger of substantial harm to the child.

2.  Whether the evidence preponderates against the trial court's award
of visitation rights to the appellee.

URL:http://www.tba.org/tba_files/TCA/ellisonr_opn.WP6
Opinion-Flash

GUARDSMARK, INC.
VS.
BORG-WARNER PROTECTIVE SERVICES, d/b/a BURNS INTERNATIONAL SECURITY
SERVICES

Court:TCA

Attorneys:   

For the Plaintiff/Appellee:         For the Defendant/Appellant:

David Wade                          Thomas L. Henderson
Memphis, Tennessee                  Thomas H. Lawrence
                                    Memphis, Tennessee
Gerald Stern
Washington, D.C.

David O. Bickart
Jonathan D. Schiller
Washington, D.C.                       

Judge:LILLARD

First Paragraph:

This case involves restrictive employment covenants.  The plaintiff
and the defendant are both private security companies.  The trial
court granted the plaintiff a restraining order enjoining the
defendant from inducing former employees to breach the restrictive
covenants in other states, from misrepresenting facts concerning the
enforceability of the covenants, or from litigating or assisting
others in litigating in other states regarding the enforceability of
the restrictive covenants.  We affirm in part, reverse in part, and
remand.

URL:http://www.tba.org/tba_files/TCA/guardsma_opn.WP6
Opinion-Flash

LANNY McCORMACK, Individually and as partner of McCORMACK FARMS
VS.
ZOLLIE McCORMACK

Court:TCA

Attorneys: 

ROBERT D. MASSEY
Pulaski, Tennessee
Attorney for Appellant


BEN BOSTON
CHARLES W. HOLT, JR.
BOSTON, HOLT & SOCKWELL, PLLC
Lawrenceburg, Tennessee
C. ANTHONY EDWARDS
Columbia, Tennessee
Attorneys for Appellee                         

Judge:HIGHERS

First Paragraph:

Plaintiff Lanny McCormack appeals the final judgment entered by the
trial court in this dissolution of partnership case. In its final
judgment, the trial court ordered Defendant/Appellee Zollie McCormack
to pay Lanny McCormack $137,453 for all of the latter's right, title,
and interest in the McCormack Farms partnership.  On appeal, Lanny
McCormack has raised only one issue for this court's review:  whether
the trial court, which previously had adopted a special master's
report, erred when it ruled that Lanny's interest in the partnership
would be resolved in a manner which was not one of three options set
forth in the special master's report.  We affirm the trial court's
judgment.

URL:http://www.tba.org/tba_files/TCA/mccormac_opn.WP6
Opinion-Flash

YONG MUN CHONG MEADOWS
VS.
TOMMY C. MEADOWS

Court:TCA

Attorneys:    

YONG MUN CHONG MEADOWS
2177 Powell Road
Clarksville, Tennessee 37043
    Pro Se/Plaintiff/Appellee

GREGORY D. SMITH
One Public Square, Suite 321
Clarksville, Tennessee 37040
    Attorney for Defendant/Appellant                      

Judge:CANTRELL

First Paragraph:

The trial court granted the parties a divorce, divided the marital
property, and awarded the wife permanent alimony.  On appeal, the
husband contends that the court should have adjusted the property
settlement to take the wife's post-separation dissipation of marital
assets into account, and that it should have placed some limitations
on the alimony award.  We agree, and we modify the decree to
incorporate the necessary changes.

URL:http://www.tba.org/tba_files/TCA/meadowym_opn.WP6
Opinion-Flash

OTHA SMITH
VS.
MARJORIE SMITH

Court:TCA

Attorneys:   

ROBERT D. MASSEY
P. O. Box 409
Pulaski, Tennessee 38478
    Attorney for Plaintiff/Appellant

JOE W. HENRY, JR.
119 South First Street
Pulaski, Tennessee 38478
    Attorney for Defendant/Appellee                       

Judge:CANTRELL

First Paragraph:

Following an in camera proceeding, the trial court declared the
parties divorced, and awarded the real property at issue to the
husband.  The wife filed a Motion to Alter and Amend, which resulted
in a new hearing, and a new decree whereby the real property was
equally divided between the parties.  The husband claimed on appeal
that the trial court erred in re-opening the case after his initial
decree.  We affirm the trial court, but we amend its final order to
make sure there is no doubt that the parties have been legally
divorced.

URL:http://www.tba.org/tba_files/TCA/smitho_opn.WP6
Opinion-Flash

STATE OF TENNESSEE
VS.
GRADY DEMOSS

Court:TCCA

Attorneys:  

FOR THE APPELLANT:              FOR THE APPELLEE:

Julie K. Pillow                 John Knox Walkup
Asst District Public Defender   Attorney General & Reporter
P. O. Box 700                   425 Fifth Avenue, North
Somerville, TN  38068-0700      Nashville, TN  37243-0493

OF COUNSEL:                     Douglas D. Himes
Gary F. Antrican                Assistant Attorney General
District Public Defender        425 Fifth Avenue, North
P. O. Box 700                   Nashville, TN  37243-0493
Somerville, TN  38068-0700
                                Elizabeth T. Rice
                                District Attorney General
                                302 Market Street
                                Somerville, TN  38068

                                Mark E. Davidson
                                District Attorney General
                                302 Market Street
                                Somerville, TN  38068                        

Judge:LAFFERTY

First Paragraph:

The appellant, Grady Demoss, referred herein as the defendant, appeals
as of right from the conviction for delivery of a Schedule II
controlled substance, to wit: cocaine, less than .5 grams, by a
Lauderdale County jury.  As a result of the jury verdict, the trial
court imposed a sentence of four years, six months in the Department
of Correction and a fine of $2,500.  The defendant presents two issues
for appellate review.

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

STATE OF TENNESSEE
VS.
JAMES DENNIS LOVE, JR.

Court:TCCA

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

Billy R. Roe, Jr.                   John Knox Walkup
Assistant District Public Defender  Attorney General & Reporter
117 North Forrest Avenue            425 Fifth Avenue, North
Camden, TN  38320                   Nashville, TN  37243-0493

OF COUNSEL:                         Clinton J. Morgan
Guy T. Wilkinson                    Assistant Attorney General
District Public Defender            425 Fifth Avenue, North
117 North Forrest Avenue            Nashville, TN  37243-0493
Camden, TN  38320
                                    G. Robert Radford
                                    District Attorney General
                                    111 Church Street, P. O. Box 686
                                    Huntingdon, TN  38344-0686

                                    Eleanor Cahill
                                    Asst District Attorney General
                                    111 Church Street, P. O. Box 686
                                    Huntingdon, TN  38344-0686                        

Judge:LAFFERTY

First Paragraph:

The appellant, James Dennis Love, Jr., referred herein as the
defendant, appeals as of right from a judgment entered by the Carroll
County Circuit Court as a result of a jury finding him guilty of the
sale of cocaine, a Schedule II controlled substance.  The defendant
presents one appellate issue for review, whether the evidence was
sufficient to justify a rational trier of fact finding the defendant
guilty beyond a reasonable doubt.  After a review of the evidence in
this record, both parties' briefs, and appropriate law, we affirm the
trial court's judgment.

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

CEDRIC STAMPLEY
VS.
STATE OF TENNESSEE,

Court:TCCA

Attorneys: 

For the Appellant:          For the Appellee:

Cedric Stampley, Pro Se     John Knox Walkup
4018 Mountain Terrace       Attorney General and Reporter
Memphis, TN 38127                           
                            Peter M. Coughlan
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243-0493


                            William L. Gibbons
                            District Attorney General

                            C. Alanda Horne
                            Assistant District Attorney
                            201 Poplar Street, Suite 301
                            Memphis, TN 38103                         

Judge:BARKER

First Paragraph:

The appellant, Cedric Stampley, appeals as of right the denial in the
Shelby County Criminal Court of his petition for post-conviction
relief.  The trial court dismissed appellant's pro se petition without
the appointment of counsel and without an evidentiary hearing.  On
appeal, appellant argues that the trial court erred in summarily
dismissing his petition.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE
VS.
JEFFERY MARTIN WALLACE

Court:TCCA

Attorneys:  

For the Appellant:          For the Appellee:

Guy T. Wilkinson            John Knox Walkup
District Public Defender    Attorney General and Reporter
P.O. Box 663                            
Camden, TN 38320            Elizabeth T. Ryan           
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243-0493


                            G. Robert Radford
                            District Attorney General

                            Todd A. Rose
                            Assistant District Attorney
                            P.O. Box 686
                            Huntingdon, TN 38344                        

Judge:BARKER

First Paragraph:

The appellant, Jeffery Martin Wallace, appeals as of right from his
conviction of aggravated sexual battery by a Henry County jury. 
Appellant was sentenced to serve eight years in prison as a Range I
offender for the Class B felony.  On appeal, appellant challenges the
sufficiency of the evidence and the trial court's exclusion of
evidence relative to the victim's prior sexual knowledge.  We are of
the opinion that no reversible error appears in the record and affirm
the judgment of the trial court.

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


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