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):
 
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
07 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

						
						
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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