April 19, 1999
Volume 5 -- Number 050

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
03 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

JERRY BOWMAN
VS.
MIDSTATE FINANCE COMPANY
INC., a Tennessee Corporation
and
E. SCOTT BOWMAN
Court:TCA

Attorneys:
                          
GRANVILLE S.R. BOULDIN, JR
122 North Church Street
Murfreesboro, Tennessee 37133-0811
    Attorney for Plaintiff/Appellant

CHARLES L. RICH
202 Union Planters Bank Building
Shelbyville, Tennessee 37162
    Attorney for Defendant/Appellee

Judge: CANTRELL

First Paragraph:

A holder of the first mortgage on a parcel of real estate took a
quitclaim deed from the owner to satisfy the mortgage and in payment
of some unsecured debts.  The owner's brother, claiming as an
equitable owner of the property and as a creditor, asserted that (1)
the conveyance was fraudulent as to creditors, and (2) that the
mortgagee was not a bona fide purchaser under the quitclaim deed.  The
Chancery Court of Bedford County dismissed the claim.  We affirm.

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



TINA KENNEDY VS. DR. T. SCOTT HOLDER and STONES RIVER HOSPITAL, INC., d/b/a SOUTHERN TENNESSEE MEDICAL CENTER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREG W. EICHELMAN JOHN KNOX WALKUP District Public Defender Attorney General & Reporter MICHAEL A. WALCHER ELIZABETH B. MARNEY Assistant Public Defender Assistant Attorney General 1609 College Park Drive 2nd Floor, Cordell Hull Building Morristown, TN 37813 425 Fifth Avenue North Nashville, TN 37243 C. BERKELEY BELL, JR. District Attorney General ERIC D. CHRISTIANSEN Assistant District Attorney General 109 South Main Street, Suite 501 Greeneville, TN 37743 Judge:WOODALL First Paragraph: The Defendant, Bobby Dale Franklin, appeals as of right his convictions for aggravated sexual battery, aggravated rape, and rape of a child, following a jury trial in the Criminal Court of Greene County. http://www.tba.org/tba_files/TCCA/Kennedyt_opn.WP6
STATE OF TENNESSEE VS. BOBBY DALE FRANKLIN, SR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREG W. EICHELMAN JOHN KNOX WALKUP District Public Defender Attorney General & Reporter MICHAEL A. WALCHER ELIZABETH B. MARNEY Assistant Public Defender Assistant Attorney General 1609 College Park Drive 2nd Floor, Cordell Hull Building Morristown, TN 37813 425 Fifth Avenue North Nashville, TN 37243 C. BERKELEY BELL, JR. District Attorney General ERIC D. CHRISTIANSEN Assistant District Attorney General 109 South Main Street, Suite 501 Greeneville, TN 37743 Judge: WOODALL First Paragraph: The Defendant, Bobby Dale Franklin, appeals as of right his convictions for aggravated sexual battery, aggravated rape, and rape of a child, following a jury trial in the Criminal Court of Greene County. http://www.tba.org/tba_files/TCCA/Frnklnbd_opn.WP6
STATE OF TENNESSEE VS. SHARON MARIE SHELL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Leonard M. Caputo John Knox Walkup 312 Vine Street Attorney General & Reporter Chattanooga, TN 37403 425 Fifth Avenue, North Nashville, TN 37243-0493 R. Stephen Jobe Assistant Attorney General 425 Fifth Avenue, North Nashville, TN 37243-0493 William H. Cox, III District Attorney General 600 Market Street, Suite 310 Chattanooga, TN 37402 Barry A. Steelman Assistant District Attorney General 600 Market Street, Suite 310 Chattanooga, TN 37402 Judge: LAFFERTY First Paragraph: The appellant, Sharon Marie Shell, referred herein as "the defendant," appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. Upon her plea of guilty to voluntary manslaughter, the trial court imposed a sentence of three years in the Department of Correction, denying an alternative sentence and full probation at the conclusion of the sentencing hearing. http://www.tba.org/tba_files/TCCA/Shellsm_opn.WP6
STATE OF TENNESSEE VS. PHILLIP TODD SWORDS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JERRY H. SUMMERS JOHN KNOX WALKUP 500 Lindsay Street Attorney General and Reporter Chattanooga, TN 37403-3496 ELIZABETH B. MARNEY Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 BILL COX District Attorney General PARKE MASTERSON District Attorney General 600 Market Street - Courts Building Chattanooga, TN 37402 Judge:WELLES First Paragraph: The Defendant, Phillip Todd Swords, appeals as of right from his conviction for third offense DUI in the Criminal Court for Hamilton County. In this appeal, he asserts two primary claims: (1) that he was denied liberty without due process as a result of deficiencies in the customary arrest and bail procedures in Hamilton County, and (2) that the trial court erred by enhancing the conviction at bar due to two prior DUI convictions that Defendant argues are facially invalid. We affirm the decision of the trial court. http://www.tba.org/tba_files/TCCA/Swordspt_opn.WP6

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