May 3, 1999
Volume 5 -- Number 058

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
00 New Opinion(s) from the Tennessee Court of Appeals
00 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

		
IN THE MATTER OF:
BIANCA ARNESHE ASKEW
VS.
JULIE DONOHO

Court:TSC

Attorneys:  

FOR APPELLANT                           FOR APPELLEE
Margaret R. Barr-Myers                  David W. Camp   
Memphis, TN                             Jackson, TN 
                        

Judge:DROWOTA

First Paragraph:

In this child custody case involving Bianca Arneshe Askew, now age
eight years and nine months, we consider the competing claims between
the child's natural mother, Julie Donoho, and Dorothy Lewis, who
presently has physical custody of the child.  The lower courts found
that a prior court order had granted custody to Ms. Lewis and that Ms.
Donoho had failed to satisfy her burden of proving that custody should
be restored to her.  Because we find that Ms. Donoho's constitutional
right as a parent has been abridged, due to the absence of a showing
of unfitness or of substantial harm, we reverse the decisions of the
lower courts.

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

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