January 22, 1999
Volume 5 -- Number 010

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink 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' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
04 New Opinion(s) from the Tennessee Court of Appeals
06 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


HELEN BELL
VS.
TENNESSEE FARMERS MUTUAL INSURANCE COMPANY

Court:TCA

Attorneys:   

PETER J. STRIANSE
2100 First American Center
Nashville, TN 37238

AUBREY HARPER
114 N. College Street
McMinnville, TN 37110
    Attorneys for Plaintiff/Appellant

STEVEN A. DIX
201 West Main Street, Ste. 201
Murfreesboro, TN 37130
    Attorney for Defendant/Appellee                       

Judge:CANTRELL

First Paragraph:

The owner of a homeowner's insurance policy sued the defendant
insurance company to recover benefits allegedly due under the policy. 
The defendant moved for summary judgment, which the trial court
granted, based on the plaintiff's alleged failure to comply with the
notice provisions in the policy, and on her best interest plea of
facilitation to commit arson.  We reverse the trial court.

http://www.tba.org/tba_files/TCA/Bellh_opn.WP6



IN THE MATTER OF THE CONSERVATORSHIP OF EDWARD LEO GRAY EDWARD LEO GRAY VS. SUSAN POLEN ZIMMERLE Court:TCA Attorneys: ANGUS GILLIS, III SCHULMAN, LEROY & BENNETT, P.C. 7th Floor, 501 Union Building Nashville, TN 37219-0676 Attorney for Respondent/Appellant LISA M. SHERRILL LAW OFFICES OF LARRY D. WILKS 509 West Court Square Springfield, Tennessee 37172 Attorney for Petitioner/Appellee Judge:CANTRELL First Paragraph: The trial court appointed a conservator to oversee the financial affairs of an elderly retired man who had suffered two strokes. We reverse the trial court because we do not believe the need for a conservator was proven by clear and convincing evidence. http://www.tba.org/tba_files/TCA/Grayel_opn.WP6
JEANETTE NEAL HALL VS. ROY DONALD HALL, Deceased, ANNETTE ELAINE (HALL) DENSON, Administratrix of estate of Roy Donald Hall Court:TCA Attorneys: RANDLE W. HILL Washington Square Suite 310 222 Second Ave. North Nashville, TN 37201 Attorney for Plaintiff/Appellant HOWARD M. SKIPWORTH 3353 Union Hill Road Suite C Post Office Box 489 Joelton, TN 37080 Attorney for Defendant/Appellee Judge:COTTRELL First Paragraph: In this action, the plaintiff seeks to have declared void a 1979 divorce decree which ended her marriage at her request and which was executed by plaintiff and her attorney. The trial court denied plaintiff's motion for relief from judgment, holding that the allegations of technical defects in the 1979 decree that would render that order void were without merit. We affirm the trial court's ruling. http://www.tba.org/tba_files/TCA/Hall3_opn.WP6
JEFF SEATON VS. LAURA EAVES REYNOLDS Court:TCA Attorneys: Kent F. Gearin, Martin, Tennessee Attorney for Petitioner/Appellant. Langdon S. Unger, Jr., Martin, Tennessee Attorney for Respondent/Appellee. Judge:FARMER First Paragraph: Jeff Seaton and Laura Eaves Reynolds are the natural parents of a daughter born February 24, 1984. A consent order was entered modifying child support on February 13, 1997, wherein Mr. Seaton's child support obligation was increased to $390 per month to be paid through the clerk of the court plus an additional $19.50 clerk's fee. http://www.tba.org/tba_files/TCA/seatonje_opn.WP6
STATE OF TENNESSEE VS. PARKS A. BRYAN WITH CONCURRING OPINION Court:TCCA Attorneys: FOR THE APPELLEE: FOR THE APPELLANT: B. CAMPBELL SMOOT JOHN KNOX WALKUP District Public Defender Attorney General & Reporter RACHEL E. WILLIS KAREN M. YACUZZO Assistant Public Defender Assistant Attorney General 603 East Carroll Street 2nd Floor, Cordell Hull Building Tullahoma, TN 37388 425 Fifth Avenue North Nashville, TN 37243 C. MICHAEL LAYNE District Attorney General STEPHEN E. WEITZMAN Assistant District Attorney General P.O. Box 147 Manchester, TN 37355 Judge:WOODALL First Paragraph: The Defendant, Parks A. Bryan, appeals as of right following his conviction in the Coffee County Circuit Court. Following a jury trial, Defendant was convicted of premeditated first-degree murder and was sentenced to life imprisonment without parole. Defendant appeals both the sufficiency of the evidence and the admission of certain photographs of the victim which he argues were more prejudicial than probative. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Bryanpa_opn.WP6 CONCURRING OPINION: http://www.tba.org/tba_files/TCCA/Bryanpa_con.WP6
RONNIE LEE CANIPE VS. THE MEMPHIS CITY SCHOOLS BOARD OF EDUCATION Court:TCCA Attorneys: CHARLES HAMPTON WHITE RICHARD L. COLBERT KURTIS J. WINSTEAD CORNELIUS & COLLINS Nashville, Tennessee Attorneys for Appellant ERNEST G. KELLY, JR. EVANS & PETREE Memphis, Tennessee Attorney for Appellee Judge:HIGHERS First Paragraph: Plaintiff Ronnie Lee Canipe ("Canipe" or "Appellant") appeals the decision of the trial court granting Defendant Memphis City Schools Board of Education's ("Board" or "Appellee") Motion for Summary Judgment thereby sustaining the Board's dismissal of tenured teacher Canipe. http://www.tba.org/tba_files/TCCA/caniperl_opn.WP6
STATE OF TENNESSEE VS. ERIC FLEMMING Court:TCCA Attorneys: For the Appellant: For the Appellee: Karl Dean John Knox Walkup District Public Defender Attorney General of Tennessee and and Wendy S. Tucker Timothy Behan Assistant Public Defender Assistant Attorney General of Tennessee Stahlman Building, Room 1202 425 Fifth Avenue North Nashville, TN 37201 Nashville, TN 37243-0493 (AT TRIAL) Victor S. Johnson, III Karl Dean District Attorney General District Public Defender and and James W. Milam Jeffrey A. DeVasher Assistant District Attorney General Assistant Public Defender Washington Square, 222 2nd Ave. N. Stahlman Building, Room 1202 Nashville, TN 37201-1649 Nashville, TN 37201 (ON APPEAL) Judge:TIPTON First Paragraph: The defendant, Eric Flemming, appeals as of right following his conviction in the Davidson County Criminal Court of especially aggravated robbery, a Class A felony. He was sentenced as a Range I, standard offender to eighteen years confinement to be served in the custody of the Department of Correction and was fined twelve thousand dollars. http://www.tba.org/tba_files/TCCA/flemming_opn.WP6
WILLIAM HENRY PRESTON VS. FRED RANEY, WARDEN Court:TCCA Attorneys: FOR THE APPELLANT: WILLIAM H. PRESTON, PRO SE #129292 N.W.C.X. Site 2 Route 1, Box 660 Tiptonville, TN 38079 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 C. PHILLIP BIVENS District Attorney General P. O. Drawer E Dyersburg, TN 38025-2005 Judge:RILEY First Paragraph: Petitioner, William Henry Preston, appeals as of right from the summary dismissal of his habeas corpus petition by the Circuit Court of Lake County. The petitioner alleged that his aggravated rape convictions were void due to the failure of the indictment to allege the culpable mental state. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/prestnwh_opn.WP6
THOMAS LEON SMITH VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Bryan E. Larson John Knox Walkup 2700 First American Center Attorney General of Tennessee Nashville, TN 37238-2700 and Daryl J. Brand Assistant Attorney General of Tennessee 450 James Robertson Parkway Nashville, TN 37243-0493 Victor S. Johnson, III District Attorney General and William Reid Assistant District Attorney General 222 2nd Avenue North Nashville, TN 37201-1649 Judge:TIPTON First Paragraph: The petitioner, Thomas Leon SmitEe,-*E* right from ,Davidson County Criminal Court's denial of his petition for post-conviction relief. The petitioner seeks relief from his conviction by a jury of two counts of aggravated rape, a Class A felony, and two counts of aggravated sexual battery, a Class B felony. The petitioner was sentenced as a Range I, standard offender to an effective sentence of thirty-six years. The petitioner contends that the indictment is defective and, therefore, void in that it fails to charge the appropriate mental state for each offense. The petitioner also contends that he received the ineffective assistance of counsel at trial because counsel (1) failed to raise the defective indictment, (2) failed to object to inadmissible evidence, (3) failed to investigate and present mitigating evidence and (4) failed to appeal the admission of fresh complaint testimony. We conclude that the indictment was sufficient and that the petitioner received the effective assistance of counsel. http://www.tba.org/tba_files/TCCA/smithtl_opn.WP6
ROBERT T. WOODS, JR. VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Tim W. Smith John Knox Walkup 165 N. Main Street Attorney General and Reporter Suite 201 Colliersville, TN 38017 Georgia Blythe Felner Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 William L. Gibbons District Attorney General Alanda Horne Assistant District Attorney 201 Poplar Street Suite 301 Memphis, TN 38103 Judge:BARKER First Paragraph: The appellant, Robert T. Woods, Jr., appeals as of right the denial by the Shelby County Criminal Court of his petition for post-conviction relief. The issue on appeal is whether the appellant received the effective assistance of counsel prior to entering his plea of guilty. Finding no merit to appellant's claims, we affirm the trial court's denial of relief. http://www.tba.org/tba_files/TCCA/woodsrt_opn.WP6

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