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):
 
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
08 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)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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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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