February 03, 1999
Volume 5 -- Number 017

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):
 
01 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
03 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

		
SAMMIE HALL
VS.
SHONEY'S, INC. AND ALEXSIS, INC.    

Court:TSC

Judge:PER CURIAM

First Paragraph:

This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.
Whereupon, it appears to the Court that the Memorandum Opinion of the
Panel should be accepted and approved; and It is, therefore, ordered
that the Panel's findings of fact and conclusions of law are adopted
and affirmed, and the decision of the Panel is made the judgment of
the Court...

http://www.tba.org/tba_files/TSC/halls_jo.WP6



TODD FREDERICK BROOKS VS. LINDA FAYE CARTER Court:TCA Attorneys: Robert L. J. Spence, Jr., Memphis, Tennessee Karen R. Cicala, Memphis, Tennessee Sara D. Flowers-Dent, Memphis, Tennessee Attorney for Plaintiff/Appellant/Cross-Appellee. Rita L. Stotts, Viola E. Johnson, STOTTS, HIGGINS, JOHNSON, Memphis, Tennessee Attorney for Defendant/Appellee/Cross-Appellant. Judge:FARMER First Paragraph: Defendant Todd Frederick Brooks (Father) appeals, and Plaintiff Linda Faye Carter (Mother) cross-appeals, the final divorce decree entered by the trial court which awarded the parties joint custody of their three minor children, designated the Father as the primary custodial parent, ordered the Father to pay child support to the Mother, and distributed the parties' property. We affirm the trial court's distribution of the marital property, with one modification, but we reverse the court's custody decision and we remand for the court to recalculate the Father's child support obligation pursuant to the Child Support Guidelines. http://www.tba.org/tba_files/TCA/brookstf_opn.WP6
LINDA CHANEY VS. ROBERT DICKINSON Court:TCA Attorneys: LISA M. MACK OF CHATTANOOGA FOR APPELLANT JOHN KNOX WALKUP, Attorney General & Reporter, and TAMMY L. KENNEDY, Assistant Attorney General, OF NASHVILLE, FOR APPELLEE Judge:GODDARD First Paragraph: Robert Lee Dickinson, Jr., appeals the ruling of the Juvenile Court of Hamilton County, Tennessee at Chattanooga, insisting that the Juvenile Court erred in its determination of Mr. Dickinson's Tennessee Rules of Civil Procedure 60.02 motion for relief from child support payments based upon evidence that he is not the father of the child he has been supporting. The Juvenile Court ruled that Mr. Dickinson's motion was barred by res judicata; therefore, Mr. Dickinson is still obligated to pay current and past due child support payments. http://www.tba.org/tba_files/TCA/Chaneyli_opn.WP6
ANTONIO SWEATT VS. BILLY COMPTON, ET AL Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee Dr. Harold Butler: Antonio Sweatt, Pro Se James M. Glasgow Tiptonville, Tennessee Union City, Tennessee For the Defendant/Appellee State of Tennessee: John Knox Walkup Mark A. Hudson Nashville, Tennessee Judge:LILLARD First Paragraph: This is a medical malpractice case brought by an inmate at a state correctional facility. The plaintiff brought the lawsuit against various prison officials and the prison doctor alleging federal constitutional violations as well as medical malpractice. The trial court granted the defendants' motion for summary judgment. We reverse the trial court's grant of summary judgment on the plaintiff's claims under the Eighth Amendment of the U.S. Constitution, and remand for further discovery. We affirm the grant of summary judgment on the remainder of the claims. http://www.tba.org/tba_files/TCA/sweattan_opn.WP6
STATE OF TENNESSEE VS. TIMMY BEAVERS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CURTIS H. GANN JOHN KNOX WALKUP District Public Defender Attorney General & Reporter DONNA L. HARGROVE ELIZABETH B. MARNEY Assistant Public Defender Assistant Attorney General 2nd Floor, Cordell Hull Building JOHN H. DICKEY 425 Fifth Avenue North Assistant Public Defender Nashville, TN 37243 MICHAEL D. RANDLES WILLIAM MICHAEL McCOWN Assistant Public Defender District Attorney General P.O. Box 1119 Fayetteville, TN 37334 WEAKLEY E. BARNARD Assistant District Attorney General GERALD L. GULLEY, JR. Marshall County Courthouse, Room 407 P.O. Box 1708 Lewisburg, TN 37091 Knoxville, TN 37901-1708 (ON APPEAL ONLY) Judge:WOODALL First Paragraph: Following the denial of his motion to suppress evidence, the Defendant, Timmy Beavers, entered a best-interest plea to second degree murder, reserving the right to appeal the trial court's denial of his motion to suppress certain evidence. An agreed upon sentence of thirty (30) years was entered by the trial court. http://www.tba.org/tba_files/TCCA/Beaverst_opn.WP6
STATE OF TENNESSEE VS. LARRY DEWAYNE BROWN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ARDENA J. GARTH JOHN KNOX WALKUP District Public Defender Attorney General & Reporter WILLIAM A. DOBSON, JR. CLINTON J. MORGAN Assistant Public Defender Assistant Attorney General (At hearing) Criminal Justice Division 425 Fifth Ave. North DONNA ROBINSON MILLER 2d Floor, Cordell Hull Bldg. (On appeal) Nashville, TN 37243-0493 Assistant Public Defender 701 Cherry St. Suite 300 WILLIAM H. COX, III Chattanooga, TN 37402 District Attorney General C. LELAND DAVIS Assistant District Attorney General 600 Market St. Suite 310 Chattanooga, TN 37402 Judge:WITT First Paragraph: The defendant, Larry Dewayne Brown, appeals the Hamilton County Criminal Court's revocation of his probationary sentence. As a result of the probation revocation, he is currently serving his sentence of eight years and one month for three counts of possession of cocaine with the intent to sell or deliver. In this appeal, the defendant contends that the state presented no substantial evidence that he had violated the terms of his probation and that the revocation was obtained in violation of his due process rights. Based upon a thorough reading of the record, the briefs of the parties, and the law governing the issues presented for review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Brownl_opn.WP6
DEXTER JOHNSON VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Dexter Johnson, Pro Se John Knox Walkup T.H.S.F. Attorney General and Reporter P.O. Box 1050 Henning, TN 38041 Ellen H. Pollack Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Judge:HAYES First Paragraph: The appellant, Dexter Johnson, appeals the Hamilton County Criminal Court's summary dismissal of his pro se application for a writ of habeas corpus. On February 11, 1994, the appellant entered guilty pleas to the offenses of first degree murder for the death of Donald Sirhan; first degree murder for the death of Renaldo Crawford; criminal attempt to commit first degree murder; and criminal attempt to commit aggravated robbery. The appellant received two life sentences for the murder convictions, twenty-five years for the attempted murder conviction and six years for the attempted aggravated robbery conviction. These sentences were ordered to be served concurrently. The appellant is currently incarcerated at the West Tennessee High Security Facility in Lauderdale County. http://www.tba.org/tba_files/TCCA/Johnsond_opn.WP6
STATE OF TENNESSEE VS. LEONARD G. OWENS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN H. HENDERSON JOHN KNOX WALKUP District Public Defender Attorney General & Reporter 407 C Main Street P.O. Box 68 DARYL J. BRAND Franklin, TN 37065-0068 Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 RONALD L. DAVIS District Attorney General JOHN W. BARRINGER Assistant District Attorney General Williamson Co. Courthouse, Ste. G-6 P.O. Box 937 Franklin, TN 37065-0937 Judge:WOODALL First Paragraph: The Defendant, Leonard G. Owens, appeals as of right his sentence following convictions for sale of cocaine in the Williamson County Circuit Court. In his sole issue on appeal, Defendant argues that the sentences imposed by the trial court are excessive. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Owenslg_opn.WP6
FRANK C. PEASE VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Frank C. Pease, Pro Se John Knox Walkup 8400 Middelbrook Pike, Apt. H-25 Attorney General and Reporter Knoxville, TN 37923 Ellen H. Pollack Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 William H. Cox III District Attorney General David Denny Asst. District Attorney General City and County Courts Bldg. Chattanooga, TN 37402 Judge:HAYES First Paragraph: The appellant, Frank C. Pease, appeals the dismissal of his pro se petition for post-conviction relief by the Hamilton County Criminal Court. On December 12, 1994, the appellant entered guilty pleas to the offenses of attempt to commit aggravated perjury and hindering a secured creditor, both class E felonies, in the Hamblen County Criminal Court. The court sentenced the appellant to one year on each count to be served concurrently as a Range I standard offender. On June 19, 1995, the appellant filed a petition for post-conviction relief collaterally attacking his felony convictions in the Hamblen County Criminal Court. The appellant's post- conviction hearing was scheduled for June 16, 1997, in the Hamilton County Criminal Court. Because the appellant failed to appear at his scheduled hearing, his petition was dismissed. The appellant now appeals from this ruling. http://www.tba.org/tba_files/TCCA/Peasefc_opn.WP6
JORGE ARIEL SANJINES VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Robert N. Meeks John Knox Walkup P.O. Box 8086 Attorney General & Reporter Chattanooga, TN. 37414 (on post-conviction) Sandy C. Patrick Assistant Attorney General 2d Floor Cordell Hull Building 425 Fifth Avenue North Nashville, TN. 37243-0943 William H. Cox, III. District Attorney General Rebecca J. Stern Assistant District Attorney General Third Floor, Courts Building Chattanooga, TN. 37402 Judge:BARKER First Paragraph: The appellant, Jorge Ariel Sanjines, appeals as of right from the Hamilton County Criminal Court's dismissal of his petition for post-conviction relief. He raises the following issues for review: (1) Whether his trial counsel provided effective assistance in preparing his defense and in advising him to enter guilty pleas; (2) Whether the prosecution committed misconduct by withholding Brady evidence, interfering with defense counsels' investigation, and charging appellant with two inchoate offenses, attempted murder and conspiracy to commit murder, for the same criminal objective against Ms. Sanjines; (3) Whether the appellant entered voluntary and knowing guilty pleas following the advice of counsel and the Rule 11 procedure; (4) Whether the appellant was afforded due process of law by the trial court's denial of pre-trial bond, the trial court's acceptance of appellant's guilty pleas, and appellant's absence from a hearing on a pre-trial motion for continuance; and (5) Whether the trial court lacked subject matter jurisdiction to accept appellant's guilty pleas as a result of an indictment charging the appellant with both attempted murder and conspiracy to commit murder of Gina Sanjines. http://www.tba.org/tba_files/TCCA/Snjnsjas_opn.WP6

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