February 11, 1999
Volume 5 -- Number 021

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
02 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

		
		
STATE OF TENNESSEE, DEPARTMENT OF HUMAN SERVICES
VS.
RALONDA NYOKA WRIGHT SMITH      
WYLIE, CRAIG DOUGLAS WYLIE  
and JOHNNY SMITH

IN THE MATTER OF:       
Kristalena Kay Smith, D.O.B. 5/04/89
Justin Thomas Wylie, D.O.B. 12/06/92

Court:TCA

Attorneys:  

JOHN KNOX WALKUP
Attorney General and Reporter

DOUGLAS EARL DIMOND
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 37243-0499
    Attorney for Appellee

D. MICHAEL KRESS II
8 East Bockman Way
Sparta, Tennessee 38483
    Attorney for Appellant Ralonda Nyoka Wright Smith Wylie                        

Judge:CANTRELL

First Paragraph:

The Juvenile Court of White County terminated a mother's parental
rights to two small children.  The only question in this appeal is
whether the State proved by clear and convincing evidence the
statutory grounds for termination.  We affirm the judgment of the
trial court.

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



SHERRY SCHLEICHER VS. FOUNDERS SECURITY LIFE INSURANCE CO. Court:TCA Attorneys: Joe F. Gillespie, Jr., Joelton, Tennessee Attorney for Plaintiff/Appellant. Mark S. LeVan, COX, LEVAN, SPRADER & PATTON, PLLC, Nashville, Tennessee Attorney for Defendant/Appellee. Judge:FARMER First Paragraph: In this premises liability action, Plaintiff Sherry Schleicher filed a complaint against Defendant Founders Security Life Insurance Company (Founders Security), seeking damages for injuries incurred as a result of a fall sustained by Schleicher while exiting a building owned by Founders Security. Schleicher's complaint sought recovery under the theories of common law negligence and negligence per se. The jury returned a verdict finding that Schleicher was forty-nine percent at fault, finding that Founders Security was fifty-one percent at fault, and assessing Schleicher's damages at $20,073.92. Both parties have appeal. For the reasons set forth below, we uphold the jury's findings regarding the relative fault of the parties. With respect to the jury's assessment of damages, however, we reverse and remand to the trial court for a new trial. http://www.tba.org/tba_files/TCA/Schleich_opn.WP6
STATE OF TENNESSEE VS. BILLY CHARLES BOHANAN Court:TCCA Attorneys: For the Appellant: For the Appellee: Edward C. Miller John Knox Walkup Public Defender Attorney General and Reporter P. O. Box 416 Dandridge, TN 37725 Todd R. Kelley Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Alfred C. Schmutzer, Jr. District Attorney General Michael Gallegos Asst. District Attorney General Sevier County Courthouse Sevierville, TN 37862 Judge:HAYES First Paragraph: The appellant, Billy Charles Bohanan, appeals the sentencing decision of the Sevier County Circuit Court following his guilty pleas to the felony sale of marijuana, a class E felony, and conspiracy to sell marijuana, a class A misdemeanor. The trial court imposed the minimum sentence of one year for the felony drug conviction and a concurrent sentence of eleven months twenty-nine days for the conspiracy conviction. The court also ordered that, after service of sixty days in the county jail, both sentences were suspended with the remainder to be served in the Community Corrections program. In this appeal as of right, the appellant contends that the trial court erred in denying total probation. http://www.tba.org/tba_files/TCCA/bohanabc_opn.WP6
RICKY FLAMINGO BROWN VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL E. TERRY JOHN KNOX WALKUP 209 Tenth Avenue South Attorney General & Reporter Suite 310 Cummings Station Nashville, TN 37203 KAREN M. YACUZZO Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 VICTOR S. JOHNSON, III District Attorney General ROGER MOORE Assistant District Attorney General Washington Square 222 Second Avenue North, Suite 500 Nashville, TN 37201-1649 Judge:WOODALL First Paragraph: The Petitioner, Ricky Flamingo Brown, appeals the order of the Davidson County Criminal Court dismissing his petition for post-conviction relief. In this appeal, the Defendant challenges (1) the trial court's ruling as to the effectiveness of his trial counsel, (2) the admission of incompetent testimony at trial, and (3) the legality of the sentence imposed by the trial court. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Brownrf_opn.WP6
STATE OF TENNESSEE VS. JOHNNA GRAVES Court:TCCA Attorneys: For the Appellant: For the Appellee: Robert W. Scott John Knox Walkup Asst. Public Defender Attorney General and Reporter P. O. Box 416 Dandridge, TN 37725 Elizabeth B. Marney Assistant Attorney General Criminal Justice Division Edward Cantrell Miller 425 Fifth Avenue North District Public Defender 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Alfred C. Schmutzer, Jr. District Attorney General James L. Gass Asst. District Attorney General Sevier County Courthouse Suite 301 Sevierville, TN 37862 Judge:HAYES First Paragraph: The appellant, Johnna Graves, pled guilty in the Jefferson County Criminal Court to two counts of class A misdemeanor vandalism and one count of class E felony vandalism. The trial court granted judicial diversion, Tenn Code Ann. 40-35- 313, as to the felony charge and, with respect to the two misdemeanor convictions, imposed a sentence of eleven months and twenty nine days, suspended to thirty days with the balance to be served on supervised probation. These sentences are to be served concurrently. The appellant now appeals the sentencing decision of the trial court in imposing incarceration. After review of the record, we affirm. http://www.tba.org/tba_files/TCCA/Gravesj_opn.WP6
STATE OF TENNESSEE VS. JEFFERY EARL HOLDER Court:TCCA Attorneys: FOR THE APPELLANT: N. ANDY MYRICK, JR. 116 W. Market Street Fayetteville, TN 37334 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter DARYL J. BRAND Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 W. MICHAEL McCOWN District Attorney General WEAKLEY E. BARNARD Assistant District Attorney General Marshall County Courthouse Room 407 Lewisburg, TN 37091 Judge:RILEY First Paragraph: The defendant, Jeffery Earl Holder, appeals as of right his conviction by a Lincoln County jury of aggravated abuse of a child six years of age or less. He was sentenced as a Range I, standard offender to twenty-five years incarceration for this Class A felony. On appeal, the defendant raises the following issues: 1. Whether the trial court erred in failing to suppress his sworn statement to the police; 2. Whether the trial court erred in admitting photographs of the victim's injuries; 3. Whether the evidence is sufficient to support the verdict; and 4. Whether his sentence is excessive. Upon our review of the record, the judgment of the trial court is AFFIRMED. http://www.tba.org/tba_files/TCCA/Holderj_opn.WP6
STATE OF TENNESSEE VS. DAVID LEE ROBINSON and DELORES KAY SMITH Court:TCCA Attorneys: For the Appellant: For the Appellee: William A. Cameron John Knox Walkup Randy S. Chafin Attorney General and Reporter Cameron & Chafin 100 S. Jefferson Avenue Karen M. Yacuzzo Cookeville, TN 38501 Assistant Attorney General (Defendant Robinson) 425 Fifth Avenue North Nashville, TN 37243-0493 David N. Brady District Public Defender 215 Reagan Street Eric D. Christiansen Cookeville, TN 38501 District Attorney General Pro Tem (Defendant Smith) 113 W. Church Street, Suite J Greeneville, TN 37745 Judge:BARKER First Paragraph: The appellants, David Lee Robinson and Delores Kay Smith, appeal as of right from their convictions in the Putnam County Criminal Court. Appellant Robinson was convicted of first degree murder and sentenced to life in prison. Appellant Smith was convicted of second degree murder and sentenced to serve eighteen years and fined $40,000. http://www.tba.org/tba_files/TCCA/Robnsndl_opn.WP6
STATE OF TENNESSEE VS. JEFFREY A. WARFIELD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN E. HERBISON JOHN KNOX WALKUP 2016 Eighth Ave., South Attorney General & Reporter Nashville, TN 37204 (On Appeal) DARYL J. BRAND Asst. Attorney General Cordell Hull Bldg., 2nd Fl. CLAUDIA JACK 425 Fifth Ave., North District Public Defender Nashville, TN 37243-0493 WILLIAM C. BRIGHT MIKE BOTTOMS Asst. Public Defender District Attorney General 809 South Main St., Suite 200 Columbia, TN 38401 STELLA HARGROVE (At Hearing) Asst. District Attorney General P.O. Box 1619 Columbia, TN 38401-1619 Judge:PEAY First Paragraph: Over the course of 1994, 1995, and 1996, the defendant pled guilty to the sale of cocaine (Case No. 8531), the possession of cocaine for resale (Case No. 8540), the sale of cocaine (Case No. 8742), and the delivery of cocaine (Case No. 9204). In Case Nos. 8531 and 8540, the defendant was sentenced to four years on each count to be served consecutively on supervised probation. The defendant was also sentenced to four years on probation in Case No. 8742 to run concurrently with his other sentences. Lastly, the defendant was sentenced to sixty days to be served and four years on probation in Case No. 9204, which also was to run concurrently with the sentences for Case Nos. 8531 and 8540. On October 3, 1997, the defendant's probation in all four cases was revoked, and the defendant was ordered to serve the original eight-year sentence in the Tennessee Department of Correction. http://www.tba.org/tba_files/TCCA/Warfield_opn.WP6

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