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May 14, 1999
Volume 5 -- Number 065
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):
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New Opinion(s) from the Tennessee Supreme Court |
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New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel |
| 00 |
New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court |
| 07 |
New Opinion(s) from the Tennessee Court of Appeals |
| 03 |
New Opinion(s) from the Tennessee Court of Criminal Appeals |
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New Judicial Ethics Opinion(s) |
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New Formal Ethics Opinion(s) from the Board of Professional Responsibility |
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Lucian T. Pera
Editor-in-Chief, TBALink
CHARLES BELK
VS.
OBION COUNTY, TENNESSEE
SHERIFF EWELL BAKER
Court:TCA
Attorneys:
Charles Belk, Pro Se
James I. Pentecost; Waldrop & Hall of Jackson
For Appellees
Judge:CRAWFORD
First Paragraph:
Plaintiff, Charles Belk (Belk), filed suit against defendants, Sheriff
Ewell Baker (Baker), in his official capacity as Sheriff of Obion
County, and Obion County, Tennessee, claiming deprivation of his
constitutional rights under 42 U.S.C. S 1983, as well as violations of
the Tennessee Governmental Tort Liability Act (GTLA). Belk alleged
that Baker violated his civil rights by delaying medical aid while he
was a prisoner in the Obion County jail. Belk appeals the trial
court's grant of summary judgment in favor of Baker and Obion County.
http://www.tba.org/tba_files/TCA/belchro_opn.WP6
ROBERT E. BELCH
VS.
DELISA ALSUP, INDIVIDUALLY AND AS EXECUTRIX OF THE ESTATE
OF DANITA ANNE BELCH, AND AS ADMINISTRATRIX OF THE ESTATE
OF DALTON RAY HAWKINS, AND AS TRUSTEE OF THE DANITA
ANNE BELCH CHILDREN'S TRUST; KATHY PIERCE, KENNETH HAWKINS;
DEBRA WADLEY; HNR CORPORATION; CARRIAGE HOUSE SUBWAY #2992, INC.;
SUBWAY OF LEXINGTON, INC.; SUBWAY STORE # 12491, INC.,
Court:TCA
Attorneys:
Lloyd R. Tatum; Tatum, Tatum & Weinman of Henderson
For Appellant
Harold F. Johnson of Jackson
For Appellees
Judge:CRAWFORD
First Paragraph:
This appeal involves a suit to set aside alleged fraudulent transfers
of property and to determine ownership interests in property.
Plaintiff/Appellant, Robert E. Belch (hereinafter Plaintiff or Belch),
appeals from the order of the trial court in favor of
Defendants/Appellees, Delisa Alsup, Kathy Pierce, Kenneth Hawkins and
Debra Wadley (hereinafter Defendants or by name).
http://www.tba.org/tba_files/TCA/belkch_opn.WP6
JAMES E. COBBLE
VS.
IVAN E. SHEWMAKE and RICHARD SMITH, JR.
CHARLES F. JOHNSON
VS.
IVAN E. SHEWMAKE and RICHARD SMITH, JR.
Court:TCA
Attorneys:
WM. KENNERLY BURGER, BPR #3731
Attorney for Plaintiffs/Appellants
SunTrust Bank Building, Suite 306
201 E. Main Street, P.O. Box 1969
Murfreesboro, TN 37133-1969
615-893-8933
DAVID L. GOAD
Attorney for Plaintiffs/Appellants
P.O. Box 206
Murfreesboro, TN 37133-0206
615-233-5585
JOHN KNOX WALKUP
For Defendants/Appellees
JOHN KNOX WALKUP
Attorney General & Reporter
MICHAEL E. MOORE
Solicitor General
For Defendants/Appellees
MERIDITH DEVAULT, BPR #9157
Senior Counsel
425 Fifth Avenue North
Nashville, TN 37243
615-741-6819
Judge:LEWIS
First Paragraph:
It appearing to this Court from the Judgement of the Trial Court
pursuant to Rule 10A1 of the Court of Appeals, that the
Plaintiffs/Appellants appealed from the Judgement of the Trial Court
granting the Defendant/Appellees Motion for Summary Judgement after
finding that there was an absence of disputed material facts and
therefore, no genuine issues for the Trial Court to decide, 847 S.W.2d
208, 214 (Tenn 1993). The parties entitled to Summary Judgement when
both the facts and the conclusion to be drawn from the facts are so
certain that a reasonable in the exercise of a free and impartial
judgment can reach only one conclusion. Haga vs. Blanc and West
Lumber Company, 666 S.W. 2d 61, 65 (Tenn 1984).
http://www.tba.org/tba_files/TCA/Cobbleje_opn.WP6
RICHARD EVERETT COLLINS
VS.
RACHEL E. WILLIS
Court:TCA
Attorneys:
A. Thomas Monceret, MONCERET & JOHNSON, Knoxville, Tennessee
Attorney for Plaintiff/Appellant.
H. Thomas Parsons, PARSONS & NICHOLS, Manchester, Tennessee
Attorney for Defendant/Appellee.
Judge:CRAWFORD
First Paragraph:
Richard Everett Collins appeals an order of the divorce court valuing
and distributing the parties' marital property. Additionally, Rachel
E. Willis argues that Mr. Collins' appeal is frivolous, thus entitling
her to recover an award for attorney fees incurred in defending the
appeal. For the reasons set forth below, we affirm the ruling of the
trial court and deny Ms. Willis' request for attorney fees.
http://www.tba.org/tba_files/TCA/Collinsr_opn.WP6
CONTEMPORARY MEDIA, INC., doing business as The Memphis Flyer,
and PHIL CAMPBELL
VS
THE CITY OF MEMPHIS, et al
Court:TCA
Attorneys:
Robert L. J. Spence, Jr., City Attorney
Charmiane G. Claxton, Assistant City Attorney
For Appellants
S. Russell Headrick; John S. Golwen;
John M. Campbell of Memphis
For Appellees
Judge:CRAWFORD
First Paragraph:
This case concerns the Tennessee Public Records Act. Respondent, City
of Memphis (City), appeals the order of the trial court awarding
Petitioners, Contemporary Media, Inc., d/b/a The Memphis Flyer, and
Phil Campbell (CMI), $12,033.25 in costs and attorney's fees.
http://www.tba.org/tba_files/TCA/conmedia_opn.WP6
FRED GRIMES and JEANETTE GRIMES WOODWARD
VS.
DONNIE GRIMES
Court:TCA
Attorneys:
TOM W. MOORE, JR.
MOORE & PEDEN
29 Public Square
P. O. Box 981
Columbia, Tennessee 38402-0981
Attorney for Plaintiffs/Appellees
JERRY C. COLLEY
COLLEY & COLLEY
P. O. Box 1476
Columbia, Tennessee 38402-1476
Attorney for Defendant/Appellant
Judge:CANTRELL
First Paragraph:
The sole issue in this appeal is whether the parties' agreement to
divide their mother's estate was supported by consideration. The
Chancery Court of Maury County held that the agreement was
enforceable. We affirm.
http://www.tba.org/tba_files/TCA/Grimesf_opn.WP6
TRACY MEADOWS HENRY
VS.
METROPOLITAN GOVERNMENT OF NASHVILLE, DAVIDSON COUNTY
D/B/A ST. LUKES PUBLIC HEALTH CLINIC
Court:TCA
Attorneys:
Edward L. Hiland, BPR #5778
Attorney for Plaintiff/Appellant
214 Second Avenue North
Suite 105
Nashville, TN 37201
Daniel D. Warlick, BPR #10310
Attorney for Plaintiff/Appellant
611 Commerce Street
Suite 2712, The Tower
Nashville, TN 37219
John L. Kennedy, BPR #9109
Shayna Abrams, BPR #16702
Attorneys for Defendant/Appellee
204 Metro Courthouse
Public Square
Nashville, TN 37201
Judge:LEWIS
First Paragraph:
Plaintiff/Appellant Tracy Meadows Henry has Appealed for the Judgement
of Trial Court granting Defendant's, Metropolitan Government of
Nashville, Davidson County Tennessee d/b/a St. Lukes Public Health
Clinic ( Metro) Motion for Summary Judgement and Dismissal of her
Complaint.
http://www.tba.org/tba_files/TCA/Henrytm_opn.WP6
GREG L. BAINE
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LEONARD M. CAPUTO JOHN KNOX WALKUP
Phillips & Caputo Attorney General and Reporter
312 Vine Street
Chattanooga, TN 37403 R. STEPHEN JOBE
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
JERRY N. ESTES
District Attorney General
SHARI TAYLOE
10th Judicial District
P. O. Box 1351
Cleveland, TN 37364-1351
Judge:SMITH
First Paragraph:
The petitioner, Greg L. Baine, appeals the Polk County Criminal
Court's order denying his petition for post-conviction relief after an
evidentiary hearing. Petitioner was convicted in 1991 of one (1)
count of premeditated first degree murder and sentenced to life
imprisonment. He filed a post-conviction petition, alleging, inter
alia, ineffective assistance of counsel. On appeal, petitioner claims
that trial counsel was ineffective for failing to "properly utilize
exculpatory discovery material" and for failing to speak with state
officials before they conducted an uncounseled interview with the
petitioner. After a thorough review of the record before this Court,
we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Bainegre_opn.WP6
EDWARD D. COKER
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN HENDERSON PAUL G. SUMMERS
District Public Defender Attorney General & Reporter
EUGENE J. HONEA MARVIN E. CLEMENTS, JR.
Asst. District Public Defender Asst. Attorney General
P.O. Box 68 John Sevier Bldg.
Franklin, TN 37065-0068 425 Fifth Ave., North
Nashville, TN 37243-0493
RON DAVIS
District Attorney General
DEREK SMITH
Asst. District Attorney General
P.O. Box 937
Franklin, TN 37065-0937
Judge: PEAY
First Paragraph:
The petitioner, who was convicted of two counts of theft of services
and received an effective sentence of six years, filed a petition for
post-conviction relief, alleging ineffective assistance of counsel.
After a hearing, the trial court dismissed the petition, and the
petitioner now appeals. Finding no merit to the petitioner's
arguments, we affirm.
http://www.tba.org/tba_files/TCCA/Cokered_opn.WP6
STATE OF TENNESSEE
VS.
KELLY A. HANCOCK
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ERIC L. DAVIS JOHN KNOX WALKUP
317 Main Street Attorney General & Reporter
Franklin, TN 37064
KIM R. HELPER
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
RONALD L. DAVIS
District Attorney General
SHARON E. TYLER
Assistant District Attorney General
481 East Main Street
Hohenwald, TN 38462
Judge:WOODALL
First Paragraph:
The Defendant, Kelly A. Hancock, appeals as of right from her
conviction in the Williamson County Circuit Court. Defendant was
indicted for the Class A misdemeanor offense of DUI, first offense,
committed on February 20, 1997. Defendant filed a motion to suppress
the results of the State's ethyl alcohol test of Defendant's blood
procured on February 21, 1997. The trial court denied the motion
following a hearing.
http://www.tba.org/tba_files/TCCA/Hancckka_opn.WP6
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