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September 8, 1999
Volume 5 -- Number 122
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 |
| 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 |
| 06 |
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
STATE OF TENNESSEE
VS.
PAT BONDURANT
Court:TSC
Attorneys:
FOR APPELLANT: FOR APPELLEE:
William P. Redick, Jr. Michael Moore
Whites Creek, Tennessee Attorney General & Reporter
(After Trial & On Appeal)
Peter D. Heil Amy L. Tarkington
Nashville, Tennessee Nashville, Tennessee
(After Trial & On Appeal)
Jerry C. Colley T. Michael Bottoms
John Colley District Attorney General
Colley & Colley 22nd Judicial District
Columbia, Tennessee
(Trial Only) James C. Sanders
Assistant District Attorney General
James G. White, II
Assistant District Attorney General
Columbia, Tennessee
Judge:DROWOTA
First Paragraph:
In this appeal, the defendant, Pat Bondurant, was convicted of
premeditated first degree murder and arson. Upon finding that the
State had proven two statutory aggravating circumstances beyond a
reasonable doubt and that there were no mitigating circumstances
sufficiently substantial to outweigh the aggravating circumstances,
the jury sentenced the defendant to death by electrocution on the
conviction for first degree murder. On the arson conviction, the
trial court sentenced the defendant to ten years consecutive to the
death penalty. The Court of Criminal Appeals affirmed the trial
court's judgment. Thereafter, the case was docketed in this Court and
set for oral argument with respect to eight of the issues raised by
the defendant. See Tenn. S. Ct. R. 12.
http://www.tba.org/tba_files/TSC/Bondurpa_opn.WP6
STATE OF TENNESSEE
VS.
JEFFREY D. HUNTER
Court:TSC
Attorneys:
For the Appellant: For the Appellee:
John S. Colley, III John Knox Walkup
Columbia, Tennessee Attorney General & Reporter
Michael E. Moore
Solicitor General
Marvin E. Clements, Jr.
Assistant Attorney General
Nashville, Tennessee
Judge:BARKER
First Paragraph:
We granted this appeal by Jeffrey D. Hunter, the appellant, in order
to address issues pertinent to a trial court's authority during
probation revocation proceedings. For the reasons provided herein,
we hold that when a trial court has determined that a probation
violation has occurred, it possesses the authority to: (1) order
incarceration; (2) order the original probationary period to commence
anew; or (3) extend the remaining period of probation for as much as
an additional two years. We further conclude that a defendant is not
entitled to credit on his or her sentence of incarceration for any
time served on probation prior to probation revocation and
reinstatement of the original sentence. The judgment of the Court of
Criminal Appeals is affirmed.
http://www.tba.org/tba_files/TSC/Hunterjd_opn.WP6
DEMETRA LYREE PARKER
VS.
WARREN COUNTY UTILITY DISTRICT
Court:TSC
Attorneys:
FOR APPELLANT: FOR APPELLEE:
LISA M. CARSON ROBERT S. PETERS
Franklin Winchester
Judge:HOLDER
First Paragraph:
We granted review to address the standard for an employer's liability
in supervisor sexual harassment cases under the Tennessee Human Rights
Act following the recent United States Supreme Court's decisions in
Burlington Indus. Inc. v. Ellerth, 118 S.Ct. 2257 (1998), and Faragher
v. City of Boca Raton, 118 S.Ct. 2275 (1998). Upon review, we adopt a
standard consistent with Ellerth and Faragher and hold that an
employer is vicariously liable for sexual harassment by a supervisor.
An employer, however, may raise an affirmative defense to liability or
damages when no tangible employment action has been taken. The
decision of the Court of Appeals is affirmed as modified.
http://www.tba.org/tba_files/TSC/PARKERDL_OPN.WP6
VIRGINIA GRAF WADDEY
VS.
IRA CLINTON WADDEY, JR.
Court:TSC
Attorneys:
FOR APPELLANT: FOR APPELLEE:
CLINTON L. KELLY ALBERT F. MOORE
Hendersonville Nashville
Judge:HOLDER
First Paragraph:
We granted this appeal to determine whether a party receiving periodic
alimony may obtain a modification or extension of alimony when: 1) a
termination date was agreed to by the parties in their property
settlement agreement; and 2) the petition to modify was filed after
the termination date but prior to the expiration of thirty days. We
hold that the alimony was not modifiable after one of the
contingencies listed in the property settlement agreement occurred.
We affirm the Court of Appeals, but we base our decision upon other
grounds.
http://www.tba.org/tba_files/TSC/WADDEYVG_OPN.WP6
THE CITY OF CLEVELAND, TENNESSEE
VS.
BRADLEY COUNTY, TENNESSEE
Court:TCA
Attorneys:
WILLIAM P. BIDDLE, III, OF CLEVELAND FOR APPELLANT
JAMES S. WEBB OF CLEVELAND and BRIAN L. KUHN OF MEMPHIS FOR APPELLEE
Judge: GODDARD
First Paragraph:
This is a declaratory judgment action initiated by the City of
Cleveland to determine whether the agreements it had with Bradley
County concerning the division of one-half of the Local Option Revenue
Tax were terminable. The City also sought its share of various
Capital Outlay Notes issued by Bradley County for educational
purposes.
http://www.tba.org/tba_files/TCA/Cleve_op.WP6
D & E CONSTRUCTION COMPANY
VS.
ROBERT J. DENLEY, CO., INC.
Court:TCA
Attorneys:
Julie C. Bartholomew of Somerville
For Appellee
Ted M. Hayden; Less, Getz & Lipman of Memphis
For Appellant
Judge: CRAWFORD
First Paragraph:
This is an action to enforce an arbitration award.
Plaintiff/appellant, D & E Construction Company (D&E), appeals the
order of the Chancery Court vacating an arbitration award rendered
against defendant/appellee, Robert J. Denley Company (Denley).
http://www.tba.org/tba_files/TCA/D&econ_opn.WP6
UNITED AGRICULTURAL SERVICES
VS.
JOHN W. SCHERER, JR.
Court:TCA
Attorneys:
Lenard Hackel of Memphis
For Appellee
Richard F. Vaughn of Memphis
For Appellant
Judge: CRAWFORD
First Paragraph:
This appeal involves jurisdiction under the long-arm statute.
Defendant/appellant, John W. Scherer, Jr. (Scherer), appeals the order
of the trial court awarding plaintiff/appellee, United Agricultural
Services, Inc. (Ag Services), damages for breach of contract.
http://www.tba.org/tba_files/TCA/Unitedag_opn.WP6
STATE OF TENNESSEE
VS.
ERIC JUAN DODD
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MIKE MOSIER PAUL G. SUMMERS
204 West Baltimore Attorney General and Reporter
Jackson, TN 38302-1623
R. STEPHEN JOBE
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
JERRY WOODALL
District Attorney General
SHAUN BROWN
Assistant District Attorney General
Lowell Thomas State Office Building
Jackson, TN 38301
Judge: WELLES
First Paragraph:
The Defendant, Eric Juan Dodd, appeals from his misdemeanor conviction
for simple possession of marijuana. Defendant was charged on a
two-count indictment with possession of marijuana with intent to sell
and possession of marijuana with intent to deliver, both in violation
of Tennessee Code Annotated S 39-17-417. The jury returned a verdict
for the lesser included offense of simple possession on each count,
and the trial judge merged the two convictions. Because Defendant
committed this offense while on parole, the trial court sentenced him
to eleven months, twenty-nine days, to be served at seventy-five
percent, consecutive to the offense for which he violated parole.
http://www.tba.org/tba_files/TCCA/Doddej_opn.WP6
ARZOLIA CHARLES GOINES
VS.
AUBREY L. DAVIS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ARZOLIA CHARLES GOINES PAUL G. SUMMERS
Pro Se Attorney General and Reporter
N.E.C.X. Box 5000
Mountain City, TN 37683 ERIK W. DAAB
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
RANDALL E. NICHOLS
District Attorney General
City-County Building
Knoxville, TN 37902
Judge: WELLES
First Paragraph:
The Appellant, Arzolia Charles Goines, is an inmate in the Department
of Correction serving a life sentence as a habitual criminal. On June
11, 1998, he filed a "Petition for Disbarment" in the Criminal Court
of Knox County, alleging that his attorney in a previous
post-conviction proceeding should be disbarred because of ineffective
assistance of counsel during the post-conviction proceeding. The
trial judge treated the petition as one for post-conviction relief and
dismissed it, primarily because it was time-barred. The Appellant
appeals, arguing that the trial court erred by dismissing the
"Petition for Disbarment." We affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Goinesac_opn.WP6
STATE OF TENNESSEE
VS.
O. B. FREEMAN GREEN, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
RAYMOND L. IVEY PAUL G. SUMMERS
P.O. Box 667 Attorney General & Reporter
Huntingdon, TN 38344
CLINTON J. MORGAN
Counsel for the State
425 Fifth Avenue North
Nashville, TN 37243-0493
ROBERT RADFORD
District Attorney General
ELEANOR CAHILL
Assistant District Attorney General
P.O. Box 686
Huntingdon, TN 38344
Judge: WITT
First Paragraph:
The defendant, O. B. Freeman Green, Jr., appeals his Carroll County
Circuit Court conviction of aggravated assault. See Tenn. Code Ann. S
39-13- 102(a)(1)(A) (1997). After a trial in which a jury returned a
guilty verdict, the trial court imposed a Range II sentence of nine
years to be served in the Tennessee Department of Correction. The
only issue raised by the defendant in this appeal is whether the trial
court erred in allowing the impeachment of the defendant as a witness
by the use of past criminal convictions. We affirm the judgment of
the trial court.
http://www.tba.org/tba_files/TCCA/Greenfob_opn.WP6
STATE OF TENNESSEE
VS.
REDONNA T. HANNA and BERNARDO C. LANE
Court:TCCA
Attorneys:
FOR THE APPELLANTS: FOR THE APPELLEE:
A. C. WHARTON PAUL G. SUMMERS
District Public Defender Attorney General & Reporter
Counsel for Defendant Hanna
R. STEPHEN JOBE
W. MARK WARD Assistant Attorney General
Assistant Public Defender 2nd Floor, Cordell Hull Building
Counsel for Defendant Hanna 425 Fifth Avenue North
Criminal Justice Cntr, Ste 201 Nashville, TN 37243
201 Poplar Avenue
Memphis, TN 38103 JOHN W. PIEROTTI
District Attorney General
PATRICIA A. ODELL PAUL F. GOODMAN
Counsel for Defendant Lane Assistant District Attorney General
50 North Front St, Ste 780
Memphis, TN 38103 MICHAEL H. LEAVITT
Assistant District Attorney General
Criminal Justice Center, Suite 301
201 Poplar Avenue
Memphis, TN 38103
Judge: WOODALL
First Paragraph:
The Defendants, Redonna T. Hanna and Bernardo C. Lane, appeal as of
right from their multiple convictions in the Shelby County Criminal
Court. In this appeal, Defendant Hanna presents the following three
issues for review: I. Whether the evidence was sufficient to
identify Defendant Hanna as the perpetrator of the crimes;
II. Whether the trial court erred in denying Defendant Hanna's
motion to suppress his confession as involuntary; and
III. Whether the convictions for both first degree felony murder
and premeditated first degree murder violated Defendant Hanna's double
jeopardy rights. Defendant Lane presents the following two issues for
review: I. Whether the evidence was sufficient to identify
Defendant Lane as the perpetrator of the crimes; and
II. Whether the convictions for both first degree felony murder and
premeditated first degree murder violated Defendant Lane's double
jeopardy rights. After a careful review of the record, we affirm all
convictions of both Defendants.
http://www.tba.org/tba_files/TCCA/Hannart_opn.WP6
GAILE K. OWENS
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Paul J. Morrow, Jr. Paul G. Summers
Staff Attorney Attorney General and Reporter
Post-Conviction Defender
460 James Robertson Parkway Michael E. Moore
2nd Floor Solicitor General
Nashville, TN 37243-0505
Alice B. Lustre
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Judge: HAYES
First Paragraph:
In this capital case, the appellant, Gaile K. Owens, appeals as of
right the judgment of the Criminal Court of Shelby County denying her
petition for post-conviction relief. In 1986, the appellant was
convicted of accessory before the fact to first degree murder. In a
joint trial, the appellant's co-defendant, Sidney Porterfield, was
also convicted of first degree murder and following a separate
sentencing hearing, both were sentenced to death by electrocution.
The appellant's conviction and sentence were affirmed on direct appeal
by the Tennessee Supreme Court. See State v. Porterfield, 746 S.W.2d
441 (Tenn.), reh'g denied, (1988), cert. denied, 486 U.S. 1017, 108
S.Ct. 1756 (1988).
http://www.tba.org/tba_files/TCCA/Owensgk_opn.WP6
STATE OF TENNESSEE
VS.
JEFFERY RUSSELL UTLEY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GUY T. WILSON PAUL G. SUMMERS
District Public Defender Attorney General & Reporter
RICHARD W. DEBERRY PATRICIA C. KUSSMAN
Assistant Public Defender Assistant Attorney General
117 North Forrest Avenue 425 Fifth Ave. N., 2d Floor
Camden, TN 38320 Nashville, TN 37243-0493
G. ROBERT RADFORD
District Attorney General
111 Church Street
Huntingdon, TN 38344
JOHN W. OVERTON
Assistant District Attorney General
P.O. Box 484
Savannah, TN 38372-0484
Judge: WITT
First Paragraph:
The defendant, Jeffery Russell Utley, appeals from his sentences
imposed for arson and theft in the Hardin County Circuit Court. See
Tenn. Code Ann. SS 39-14-301(a), -14-103 (1997). The trial court
imposed concurrent three-year sentences in the Tennessee Department of
Correction. In this direct appeal, the defendant challenges the
manner of service of his sentences. After a review of the record, the
briefs of the parties, and the applicable law, we affirm the trial
court.
http://www.tba.org/tba_files/TCCA/Utleyjr_opn.WP6
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