May 5, 1999
Volume 5 -- Number 060

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
03 New Opinion(s) from the Tennessee Court of Appeals
02 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



Moseley & Moseley
Suite 300, One Church Street
101 Church Street
Nashville, Tennessee  37201-1609

429 Church Street
P. O. Box 590 
Goodlettsville, Tennessee  37070-0590


First Paragraph:

This case involves a mother's post-divorce petition to modify custody. 
The trial court dismissed the petition and awarded attorney fees to the
father's attorney. The mother asserts that circumstances have changed
such that it is now in the children's best interests to live with her. 
We do not find that the mother has made the requisite showing of changed
circumstances, and, accordingly, we affirm the decision of the trial

GEORGE WEATHERBY SICKLER, III VS. CLETUS JOY SICKLER Court:TCA Attorneys: PATRICIA A. McDADE 227 Bridge Street Franklin, Tennessee 37064 ATTORNEY FOR PLAINTIFF/APPELLANT REBECCA E. BYRD 306 Public Square Franklin, Tennessee 37064 ATTORNEY FOR DEFENDANT/APPELLEE Judge:CAIN First Paragraph: This appeal involves the division of property and the award of alimony as between parties who were married for many years. On appeal, the appellant is challenging the trial court's characterization of certain property as marital property, the trial court's division of the marital estate, and the trial court's failure to award both periodic alimony as well as attorney fees and costs to the wife. The decision of the trial court is affirmed with regard to certain matters and reversed with regard to others.
JOHN C. TOMLINSON VS. TENNESSEE DEPARTMENT OF CORRECTION Court:TCA Attorneys: JOHN C. TOMLINSON #099306 NECX P. O. Box 5000 Mountain City, Tennessee 37683 PRO SE JOHN KNOX WALKUP Attorney General and Reporter MICHAEL E. MOORE Solicitor General PATRICIA KUSSMANN Assistant Attorney General Civil Rights and Claims Division Second Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, Tennessee 37243 ATTORNEYS FOR DEFENDANT/APPELLEE Judge:COTTRELL First Paragraph: In this appeal, a state prisoner appeals the trial court's dismissal of his action in which he contends that he is entitled to the benefit of the 1989 Sentencing Reform Act's allegedly lesser sentences for armed robbery, aggravated rape and aggravated kidnaping rather than the sentences imposed upon him at the time of his convictions in 1983. He also contends he is entitled, as a matter of law, to certain sentence reduction credits. Finally, he contends that, taken together, the downward adjustments of his sentence on the basis of these two contentions would entitle him to immediate release from custody. We affirm the dismissal of the prisoner's petition because it fails to state a claim upon which relief can be granted.
STATE OF TENNESSEE VS. STEVE A. BAGGETT Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: PETER M. OLSON JOHN KNOX WALKUP 114 Franklin Street Attorney General and Reporter Clarksville, TN 37040 CLINTON J. MORGAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JOHN CARNEY District Attorney General WILLIAM CLOUD Assistant District Attorney General 204 Franklin Street, Suite 200 Clarksville, TN 37040 Judge:WELLES First Paragraph: The Defendant, Steve A. Baggett, appeals his sentence of ten days incarceration followed by six months probation for reckless driving, a class B misdemeanor. Defendant entered a plea of guilty to one count of reckless driving, with the length and manner of service of the sentence left to the discretion of the trial court. At that time, the State dismissed one count of DUI and one count of refusal to submit to alcohol testing. Following a sentencing hearing, the trial court sentenced Defendant to ten days incarceration and six months of probation. From this order, Defendant timely appeals.
STATE OF TENNESSEE VS. CHARLES R. MENCER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN S. COLLEY, III JOHN KNOX WALKUP P.O. Box 1476 Attorney General & Reporter Columbia, TN 38402 DARYL J. BRAND Asst. Attorney General John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General KYMBERLY HAAS Asst. District Attorney General Washington Square, Suite 500 222 Second Ave., North Nashville, TN 37201 Judge:PEAY First Paragraph: The defendant was charged in the indictment with possession with intent to sell or deliver ten to seventy pounds of marijuana. He filed a motion to suppress the marijuana, which was denied. The defendant then entered a guilty plea, properly preserving for appeal two certified questions that the parties and the trial court agreed were dispositive of this case. He now presents one of those issues on appeal, that is, whether a search warrant affidavit that relies upon positive "alerts" to drugs by two trained drug dogs must include specific statements regarding the drug dogs' training, past performance, and experience in order to establish probable cause. We affirm the trial court's order denying his motion to suppress.

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