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September 21, 1999
Volume 5 -- Number 127
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 |
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New Document(s) or Proposed Rule(s) from the Tennessee Supreme
Court |
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New Opinion(s) from the Tennessee Court of Appeals |
| 04 |
New Opinion(s) from the Tennessee Court of Criminal Appeals |
| 00 |
New Judicial Ethics Opinion(s) |
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New Formal Ethics Opinion(s) from the Board of Professional Responsibility
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will allow you to download the original WordPerfect 6.0 document.
Lucian T. Pera
Editor-in-Chief, TBALink
BUDDY LEE ATTRACTIONS
VS.
WILLIAM MORRIS AGENCY,
INC., and JOSEPH E. HARRIS
Court:TCA
Attorneys:
SAMUEL D. LIPSHIE
SCOTT K. HAYNES
LUTHER WRIGHT, JR.
Boult, Cummings, Conners & Berry
414 Union Street, Suite 1600
P. O. Box 198062
Nashville, Tennessee 37219
ATTORNEYS FOR PLAINTIFF/APPELLEE
JAY S. BOWEN
TIMOTHY L. WARNOCK
GREGORY S. REYNOLDS
Bowen Riley Warnock & Jacobson
1906 West End Avenue
Nashville, Tennessee 37203
ATTORNEYS FOR DEFENDANTS/APPELLANTS
Judge:CAIN
First Paragraph:
Defendant, William Morris Agency, Inc., appeals an adverse jury
verdict in the amount of $250,000.00, trebled by the trial judge under
Tennessee Code Annotated section 47-50-109. This defendant also
appeals a partial summary judgment order granted to plaintiff prior to
the three week jury trial.
http://www.tba.org/tba_files/TCA/BUDDYLEE_OPN.WP6
Concurring Opinion:
http://www.tba.org/tba_files/TCA/Buddy Lee v_ William Morris.WP6
ANTHONY BRYAN JENNETTE
VS.
TERESA LYNN JENNETTE
Court:TCA
Attorneys:
JENNIFER DAVIS ROBERTS
106 Center Avenue
P. O. Box 944
Dickson, Tennessee 37055
Attorney for Plaintiff/Appellant
KARLA C. HEWITT
211 Donelson Pike, Suite 4
Nashville, Tennessee 37214
Attorney for Defendant/Appellee
Judge:CANTRELL
First Paragraph:
In this divorce case the husband appeals the trial court's division of
marital property and the order of child support. We affirm the trial
court's order.
http://www.tba.org/tba_files/TCA/jenneab_opn.WP6
WILLIE JEAN CHERRY JOHNSON
VS.
JAMES FRANKLIN JOHNSON
Court:TCA
Attorneys:
Ronald D. Krelstein, Memphis, Tennessee
Attorney for Plaintiff/Appellant.
Dennis J. Sossaman, Memphis, Tennessee
Attorney for Defendant/Appellee.
Judge:FARMER
First Paragraph:
Plaintiff Willie Jean Cherry Johnson (Wife) appeals the trial court's
judgment denying her petition to modify a final divorce decree
previously entered by the court in December 1996. We affirm the trial
court's judgment based upon our conclusion that the disposition of
this case is controlled by this court's decision in Gilliland v.
Stanley, No. 02A01-9603-GS-00056, 1997 WL 180587 (Tenn. App. Apr. 16,
1997) (no perm. app. filed).
http://www.tba.org/tba_files/TCA/Johnsonw_opn.WP6
TERESA B. LETELLIER
VS.
STEVEN G. LETELLIER
Court:TCA
Attorneys:
Jon S. Jablonski
2400 Crestmoor Road, Suite 321
Nashville, TN 37215
Attorney for Petitioner-Appellant
Gregory D. Smith and Andrea Taylor McKellar
Farris, Warfield & Kanaday, PLC
424 Church Street, Suite 1900
Nashville, TN 37219
Attorneys for Respondent-Appellee
Judge:GODDARD
First Paragraph:
This is an appeal from the Juvenile Court's order transferring this
child support case to a Virginia court due to lack of subject matter
jurisdiction. Teresa B. LeTellier, Petitioner-Appellant, raises the
following issues which we restate:
I. Whether the Juvenile Court had in personam jurisdiction over
Respondent-Appellee to modify the support order entered by the
Superior Court of the District of Columbia.
II. Whether the Juvenile Court had subject matter jurisdiction to
modify the support order entered by the Superior Court of the District
of Columbia.
Steven G. LeTellier, Respondent-Appellee, raises an additional issue
which we restate:
III. Whether the judge erred in transferring the case to an unknown
tribunal in Virginia.
We find the Juvenile Court possessed personal jurisdiction over Mr.
LeTellier and subject matter jurisdiction to modify the child support
order. We reverse and remand this case to the Juvenile Court of
Davidson County.
http://www.tba.org/tba_files/TCA/letellierter_opn.wpd.WP6
GREGORY C. LURIE
VS.
MICHELLE H. (LURIE) MANNING
Court:TCA
Attorneys:
LAURA Y. GOODALL
113 WEST MAIN STREET
GALLATIN, TENNESSEE 37066
ROBERT TODD JACKSON
222 SECOND AVENUE NORTH
SUITE 419
NASHVILLE, TENNESSEE 37201
ATTORNEYS FOR PETITIONER/APPELLANT
MARK T. SMITH
KELLY & SMITH
121 PUBLIC SQUARE
GALLATIN, TENNESSEE 37066
ATTORNEY FOR RESPONDENT/APPELLEE
Judge:COTTRELL
First Paragraph:
This appeal involves the custody of two minor children. Following a
bench trial, the trial court ordered that the parents continue to have
joint custody, but modified primary physical custody and visitation.
Both Father and Mother had sought sole custody, each alleging a change
of material circumstances warranting modification of their joint
custody arrangements. The Father asserts on this appeal that the
trial court erred because he is comparatively more fit than the Mother
to have custody, and that the court incorrectly applied the change of
circumstances requirement. In the alternative, Father asserts the
prior six-month arrangement should be reinstated. We affirm the trial
court's order.
http://www.tba.org/tba_files/TCA/LURIE_Opn.wpd.WP6
NORTHLAND INSURANCE CO.
VS.
STATE OF TENNESSEE
Court:TCA
Attorneys:
JAMES G. O'KANE
Baker, McReynolds, Byrne,
O'Kane, Shea & Townsend
607 Market Street, 11th Floor
P. O. Box 1708
Knoxville, Tennessee 37901-1708
ATTORNEY FOR PLAINTIFF/APPELLEE
PAUL G. SUMMERS
Attorney General and Reporter
MICHAEL E. MOORE
Solicitor General
ANTHONY D. MILLER
LAURA T. KIDWELL
Assistant Attorneys General
425 Fifth Avenue North
Second Floor, Cordell Hull Building
Nashville, Tennessee 37243
ATTORNEYS FOR DEFENDANT/APPELLANT
Judge:CAIN
First Paragraph:
The State of Tennessee appeals an adverse judgment of the Tennessee
Claims Commission. Because we have determined that the Claims
Commission lacks subject matter jurisdiction, the judgment of the
Commission is reversed.
http://www.tba.org/tba_files/TCA/NORTHLDI_OPI.WP6
LARRY STEWART
VS.
STATE OF TENNESSEE
Court:TCA
Attorneys:
RANDY HILLHOUSE
Hillhouse & Huddleston
212 Pulaski Street
P. O. Box 787
Lawrenceburg, Tennessee 38464
ATTORNEY FOR PLAINTIFF/APPELLANT
PAUL G. SUMMERS
Attorney General and Reporter
MARY G. MOODY
LAURA T. KIDWELL
425 Fifth Avenue North
Second Floor, Cordell Hull Building
Nashville, Tennessee 37243-0488
Judge:CAIN
First Paragraph:
This is an automobile accident case that was tried before the
Tennessee Claims Commission as regards the liability of the State for
the actions of a Tennessee highway patrolman alleged to have been
negligent.
http://www.tba.org/tba_files/TCA/STEWARTL_OPN.WP6
STATE OF TENNESSEE
VS.
WILLIAM D. DAVIS, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GREGORY D. SMITH PAUL G. SUMMERS
Contract Appellate Defender Attorney General & Reporter
One Public Square, Suite 321
Clarksville, TN 37040 CLINTON J. MORGAN
(On Appeal) Assistant Attorney General
425 Fifth Avenue North
DONNA L. HARGROVE Nashville, TN 37243-0493
District Public Defender
WILLIAM MICHAEL McCOWN
ANDREW J. DEARING, III District Attorney General
Assistant Public Defender
105 South Main Street MICHAEL D. RANDLES
P. O. Box 1119 Assistant District Attorney General
Fayetteville, TN 37334-1119 215 East College Street
(At Trial and On Appeal) P. O. Box 878
Fayetteville, TN 37334-0878
Judge:GLENN
First Paragraph:
On October 12, 1998, a Marshall County jury found the defendant,
William D. Davis, Jr., knowingly failed to appear for an August 13,
1998 trial in violation of Tenn. Code Ann. S 39-16-609 (1997). The
trial court sentenced him to serve eleven months and twenty-nine days
in the county jail. This sentence was to run consecutively with his
sentence for driving with a revoked license, the charge for which he
was to have been tried on August 13, 1998. The defendant appealed as
of right, listing two assignments of error, that the evidence was
insufficient for a finding of guilt and he received an excessive
sentence.
Based upon our review of this matter, we affirm the decision of the
trial court.
http://www.tba.org/tba_files/TCCA/DAVISWD_wpd.WP6
STATE OF TENNESSEE
VS.
ANDRA LAMAR DILLARD
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL R. JONES PAUL G. SUMMERS
19th District Public Defender Attorney General & Reporter
109 South Second St.
Clarksville, TN 37040 MARVIN E. CLEMENTS, JR.
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
JOHN CARNEY
District Attorney General
HELEN O. YOUNG
Assistant District Attorney
204 Franklin St., Suite 200
Clarksville, TN 37040
Judge:SMITH
First Paragraph:
The appellant, Andra L. Dillard, was charged in a multi-count
indictment with four (4) counts of aggravated burglary, two (2) counts
of aggravated kidnapping, two (2) counts of aggravated robbery, one
(1) count of aggravated rape and one (1) count of theft of property
over $1,000. He was convicted by a Montgomery County jury of one (1)
count of theft of property over $1,000 as charged in Count Eleven of
the indictment. In a separate trial, he was convicted of one (1)
count of aggravated burglary, one (1) count of aggravated kidnapping
and one (1) count of robbery under Counts One, Two and Three of the
indictment. Subsequently, the appellant pled guilty to one (1) count
of aggravated robbery and one (1) count of aggravated rape as charged
in Counts Eight and Nine of the indictment. For all of his
convictions, the trial court sentenced the appellant to an effective
sentence of 41 years.
http://www.tba.org/tba_files/TCCA/Dillaran_opn.WP6
DONALD WAYNE HOLT
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant:
W.H. Stephenson II
311 White Bridge Road
Nashville, TN 37209
For the Appellee:
Paul G. Summers
Attorney General and Reporter
and
Marvin E. Clements, Jr.
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
William C. Whitesell, Jr.
District Attorney General
303 Rutherford Co. Judicial Bldg.
Murfreesboro, TN 37130
Judge:TIPTON
First Paragraph:
The petitioner appeals as of right from the order of the Rutherford
County Circuit Court denying him post-conviction relief from his 1991
conviction for aggravated rape and his resulting twenty-two year
sentence. This court affirmed the conviction on direct appeal. See
State v. Donald Wayne Holt, No. 01C01-9503-CC-00053, Rutherford County
(Tenn. Crim. App. Sept. 27, 1995). The petitioner contends that the
trial court erred in determining that he received the effective
assistance of counsel at his trial. Upon a complete review of the
record, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/HOLTDW_wpd.WP6
STATE OF TENNESSEE
VS.
CHARLES MICHAEL REED
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DONNA L. HARGROVE PAUL G. SUMMERS
District Public Defender Attorney General & Reporter
ANDREW JACKSON DEARING, III CLINTON J. MORGAN
Assistant Public Defender Assistant Attorney General
105 South Main Street 425 Fifth Avenue North
P. O. Box 1119 Nashville, TN 37243-0493
Fayetteville, TN 37334-1119
WILLIAM MICHAEL McCOWN
District Attorney General
ROBERT G. CRIGLER
Assistant District Attorney General
One Public Square, Suite 100
Shelbyville, TN 37160-3953
Judge:GLENN
First Paragraph:
The defendant, Charles Michael Reed, was indicted for burglary and
felony theft. A Bedford County jury found him guilty of the lesser
included offenses of criminal trespass and theft of property under
$500. The trial court sentenced him to ten months and sixteen days
for theft of property and to eighteen days for criminal trespass. The
two sentences were to run concurrently. The defendant now appeals the
imposition of his sentence, arguing he should have received
alternative sentencing. Based on our review of this matter, we affirm
the decision of the trial court.
http://www.tba.org/tba_files/TCCA/REEDCM_wpd.WP6
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