December 16, 1999
Volume 5 -- Number 170

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):
 
01 New Opinion(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
02 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
07 New Opinion(s) from the Tennessee Court of Appeals
07 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

						
CORETTA SCOTT KING, MARTIN LUTHER KING, III,
BERNICE KING, DEXTER SCOTT KING, and YOLANDA KING
VS.
LOYD JOWERS, and other unknown co-conspirators
and MEMPHIS PUBLISHING COMPANY

Court:TSC

Attorneys:

FOR PLAINTIFFS:     FOR INTERVENOR:     FOR DEFENDANTS:

William F.  Pepper  Lucian T.  Pera     Lewis K.  Garrison, Sr.
Memphis, Tennessee  Memphis, Tennessee  Memphis, Tennessee

Juliet Hill Akines  Kathy Laughter Laizure
Memphis, Tennessee  Memphis, Tennessee
                         

First Paragraph:

We granted the application for permission to appeal filed by Memphis
Publishing Company, doing business as The Commercial Appeal ("MPC"),
to consider whether the trial court had authority to deny MPC access
to jury selection in a trial ongoing in the Circuit Court of Shelby
County.  For the reasons discussed, we find that the trial court did
not have authority to deny the newspaper access to voir dire, and we
therefore vacate the order of the trial court denying MPC access to
the voir dire and to the transcript of the voir dire proceedings.

http://www.tba.org/tba_files/TSC/kingcs.wpd





CHARLES TIMOTHY DUNCAN
VS.
ROYAL INSURANCE COMPANY

Court:TSC - Workers Comp Panel

Attorneys:  

FOR THE APPELLANT:                  FOR THE APPELLEE:

ROBIN H. RASMUSSEN                  MARK P. BARNETT
Jackson, Shields, Yeiser & Cantrell Hill-Boren, P.C.
262 German Oak Drive                1269 N. Highland Avenue
Cordova, Tennessee  38018           P.O. Box 3539
                                    Jackson, Tennessee  38303-3539                        

Judge:  LAFFERTY

First Paragraph:

This worker's compensation appeal has been referred to the Special
Worker's Compensation Panel of the Supreme Court in accordance with
Tennessee Code Annotated S 50-6-225(e) for a hearing and reporting to
the Supreme Court of findings of fact and conclusions of law.

http://www.tba.org/tba_files/TSC_WCP/Duncanct.wpd






SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/CERTLIST_1213.wpd





MEDIA COVERAGE - SUPREME COURT RULE 30

Court:TSC                          

Judge:  ANDERSON

First Paragraph:

This Court, pursuant to our supervisory role over the judicial system
of this State, on December 30, 1996, permanently adopted Supreme Court
Rule 30 governing media coverage of judicial proceedings in Tennessee.
 To ensure that Rule 30 continued to operate in the best interest of
the public and in a manner compatible with the administration of
justice, this Court again solicited comments with respect to the
provisions of the rule, the control of the courtroom by trial judges,
the operation of courts under the rule, compliance with the rule by
the courts and the media, the interests of public information and
education served by the rule, the protection of the rights of
defendants and other court participants, its effect on the
administration of justice, and other related matters.

http://www.tba.org/tba_files/TSC_Rules/rul30Camera_ord.wpd






STEVEN CLAY HOLLEY
VS.
SHERRI LYNN HUFFORD HOLLE

Court:TCA

Attorneys:   
ALBERT L. WATSON, III, Chattanooga, for Plaintiff-Appellant.

JOHN P. KONVALINKA and MATHEW D. BROWNFIELD, 
GRANT, KONVALINKA & HARRISON, P.C., Chattanooga, for Defendant-Appellee                       

Judge:  FRANKS

First Paragraph:

In this divorce action, the Trial Judge granted the parties a divorce,
and allocated the marital and separate assets.

http://www.tba.org/tba_files/TCA/holleys.wpd






MARK MATLOCK d/b/a MSM DEVELOPMENT, INC.
VS.
LENOIR CITY BOARD OF ZONING APPEALS

Court:TCA

Attorneys: 

ARTHUR G. SEYMOUR, JR. and MARY ELIZABETH MADDOX
Frantz, McConnell & Seymour, LLP, Knoxville, for Appellant
                                        

ROBERT G. HINTON and MELODY DANIEL MUSICK
Sproul & Hinton, Lenoir City, for Appellee                         

Judge:  GODDARD

First Paragraph:

This appeal involves a zoning dispute between Mark Matlock, doing
business as MSM Development, Inc., the Plaintiff/Appellant, and the
Lenoir City Board of Zoning Appeals, the Defendant/Appellee.  The
Loudon County Circuit Court affirmed the decision by the Board, and
Mr. Matlock now appeals.

http://www.tba.org/tba_files/TCA/matlockmar.wpd






GLORIA GEIGER NEUENSCHWANDER
VS.
ROY PATRICK NEUENSCHWANDER

Court:TCA

Attorneys:  

L. CAESAR STAIR, III, BERNSTEIN, 
STAIR & McADAMS, LLP, Knoxville, for Plaintiff-Appellant.

WILLIAM W. JONES, 
THE JONES FIRM, Knoxville, for Defendant-Appellee                        

Judge:  FRANKS

First Paragraph:

In this divorce action, the Trial Court granted a divorce to the wife,
ordered the marital residence sold, and divided the marital property
almost equally. The wife was awarded $3,000.00 per month
rehabilitative alimony for four years, and attorney's fees of
$5,000.00.  The husband's Motion to Alter or Amend the judgment to
reflect the changed bank account balances was sustained, and wife has
appealed from the final Judgment and the Order on the Motion to Alter
or Amend.

http://www.tba.org/tba_files/TCA/neuensch.wpd






KIM NUCHOLS (WALKER)
VS.
BENNY NUCHOLS

Court:TCA                      

Judge:  FRANKS

First Paragraph:

Benny Nuchols has filed a Petition to Rehear, and at our direction,
Kim Nuchols has responded.

http://www.tba.org/tba_files/TCA/nucholsk2.wpd






SANDRA E. PERKINS
VS.
COMMISSIONER JAMES DAVENPORT, 
TENNESSEE DEPARTMENT OF EMPLOYMENT SECURITY,
and
SPORTS BELLE, INC.

Court:TCA

Attorneys:      

SAMUEL W. BROWN OF KNOXVILLE FOR PETITIONER-APPELLANT

DOUGLAS EARL DIMOND OF NASHVILLE FOR RESPONDENT-APPELLEE                    

Judge:  GODDARD

First Paragraph:

This is an unemployment compensation case.   Sandra E. Perkins filed a
Petition for Certiorari with the Knox County Chancery Court, seeking a
judicial review of the decision of the Commissioner, Tennessee
Department of Employment Security, whereby she was denied unemployment
compensation benefits.

http://www.tba.org/tba_files/TCA/perkinssan.wpd






ALDRIDGE LYNN SHOCKLEY
VS.
ELLA MAE SHOCKLEY

Court:TCA

Attorneys:  

JOHNNY V. DUNAWAY, LaFollette, for Defendant-Appellant.

DENISE TERRY STAPLETON, Morristown, for Plaintiff-Appellee                        

Judge:  FRANKS

First Paragraph:

In this divorce action, the husband appeals from the Chancellor's
division of marital property and the award of alimony to the wife.

http://www.tba.org/tba_files/TCA/shockleyA.wpd






SOLUTIONS TO ENVIRONMENTAL PROBLEMS, INC.
VS.
ANDERSON COUNTY BOARD OF EDUCATION; 
ANDERSON COUNTY, and BETTY LOU BROOKS

Court:TCA

Attorneys:   

WILLIAM S. LOCKETT, JR., and CRAIG J. DONALDSON, 
KENNERLY, MONTGOMERY & FINLEY, P.C., Knoxville, for Plaintiff-Appellant.

W. LEE MADDUX, CHAMBLISS, 
BAHNER & STOPHEL, P.C., Chattanooga, for Defendant-Appellee, 
Anderson County Board of Education.

DEAN B. FARMER and B. CHASE KIBLER, 
HODGES, DOUGHTY & CARSON, Knoxville, 
for Defendants-Appellees Anderson County.                       

Judge:  FRANKS

First Paragraph:

In this action, plaintiff sought damages based on the failure of
defendants to accept its bid for a construction project.  The Trial
Judge granted summary judgment to defendants, and plaintiff has
appealed.

http://www.tba.org/tba_files/TCA/step.wpd






ROBERT ROGER BREWINGTON
VS.                     
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:


JUSTIN JOHNSON                  PAUL G. SUMMERS
203 Second Ave. N.              Attorney General & Reporter
P.O. Box 190582
Nashville, TN   37219-0582      ELIZABETH B. MARNEY
                                Asst. Attorney General
                                425 Fifth Ave. N.                               
                                Nashville, TN  37243
                
                                VICTOR S. JOHNSON III
                                District Attorney General

                                JOHN C. ZIMMERMAN
                                Asst. District Attorney General
                                Washington Square, Suite 500
                                222 Second Ave. N.
                                Nashville, TN   37201-1649                          

Judge:  PEAY

First Paragraph:

Petitioner was convicted by a jury in 1988 of first-degree murder,
aggravated kidnapping, and armed robbery.  He was sentenced to life
imprisonment for the murder, forty years for the kidnapping, and
thirty-five years for the robbery, each consecutive to the others. 
Petitioner's convictions and sentences were affirmed on direct appeal.
 State v. Robert Roger Brewington, Jr., C.C.A. No. 89-232-III,
Davidson County (Tenn. Crim. App. filed June 20, 1990, at Nashville). 
Petitioner filed for post conviction relief in June 1992; a hearing
was held in May 1998; and the trial court denied relief by written
order in July 1998.

http://www.tba.org/tba_files/TCCA/BREWINGR.wpd






STATE OF TENNESSEE
VS.
DAVID KEITH KEARNEY

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

RUSSELL L. LEONARD          PAUL G. SUMMERS
116 First Avenue, N.W.      Attorney General and Reporter
Winchester, TN 37398
                            TODD R. KELLEY
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            MIKE McCOWN
                            District Attorney General

                            ROBERT G. CRIGLER
                            Assistant District Attorney General
                            One Public Square, Suite 300
                            Shelbyville, TN 37160                         

Judge:  WELLES

First Paragraph:

On July 20, 1998, the Bedford County Grand Jury indicted the
Defendant, David Keith Kearney, for public intoxication.  In August
1998, he was tried by jury and found guilty of public intoxication.  
In addition to fining the Defendant $50.00, the trial court sentenced
him to twenty days incarceration, with all but ten days suspended, and
thirty-two hours of public service.

http://www.tba.org/tba_files/TCCA/kearneydk.wpd






MICHAEL A. STAMM
VS.             
STATE OF TENNESSEE  

Court:TCCA

Attorneys:  

FOR THE APPELLANT:          FOR THE APPELLEE:

LANCE A. EVANS              PAUL G. SUMMERS
Attorney at Law             Attorney General & Reporter
5029 Pea Ridge Road
Maryville, Tennessee 37804  TODD R. KELLEY
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Second Floor
                            Cordell Hull Building
                            Nashville, Tennessee 37243-0493
                
                            JOHN BOBO
                            Assistant District Attorney
                            363 Court Street
                            Maryville, Tennessee 37804                        

Judge:  WALKER

First Paragraph:

The petitioner, Michael A. Stamm, appeals the order of the Blount
County Criminal Court denying his petition for post conviction relief.

http://www.tba.org/tba_files/TCCA/MASTAMM.wpd






BOBBY KENNETH NASH, JR.
vs.                     
STATE OF TENNESSEE

Court:TCCA

Attorneys:

FOR THE APPELLANT:          FOR THE APPELLEE:
THOMAS A. LONGABERGER       PAUL G. SUMMERS
Attorney at Law             Attorney General & Reporter
69 Arcade
Nashville, TN 37219         MARK E. DAVIDSON
                            Assistant Attorney General
                            425 Fifth Ave. North
                            2d Floor, Cordell Hull Bldg.
                            Nashville, TN  37243-0493

                            VICTOR S. JOHNSON, III
                            District Attorney General

                            KYMBERLY HAAS
                            Asst. District Attorney General
                            Washington Square, Ste. 500
                            222 Second Ave. North
                            Nashville, TN 37201-1649                          

Judge:  WITT

First Paragraph:

The petitioner, Bobby Kenneth Nash, Jr., appeals from the Davidson
County Criminal Court's dismissal of his petition for post-conviction
relief.  Nash is presently serving a life sentence for the first
degree murder of his aunt.  See State v. Bobby Kenneth Nash, Jr., No.
01C01-9409-CR-00330 (Tenn. Crim. App., Nashville, Apr. 24, 1997),
perm. app. denied (Tenn. 1997).  The trial court conducted a hearing
on the post-conviction petition, at which the petitioner was
represented by appointed counsel.  The trial court found the
allegations of the petition unsubstantiated by the proof presented and
denied relief.  The petitioner now appeals, raising the following
issues for our consideration.

http://www.tba.org/tba_files/TCCA/nashbk.wpd






STATE OF TENNESSEE
VS.
JAMES THOMAS TYREE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

JOHN E. HERBISON
2016 Eighth Ave. South
Nashville, TN 37204-2202
(On Appeal)

ANDREW JACKSON DEARING III
Assistant Public Defender
105 South Main
P.O. Box 1119
Fayetteville, TN 37334-1119
(At Hearing)

FOR THE APPELLEE:

PAUL G. SUMMERS
Attorney General and Reporter

GEORGIA BLYTHE FELNER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

WILLIAM MICHAEL McCOWN 
District Attorney General

WEAKLEY E. BARNARD
Assistant District Attorney General
Marshall County Courthouse
Room 407
Lewisburg, TN 37091                         

Judge:  RILEY

First Paragraph:

Appellant, James Thomas Tyree, pled guilty to vehicular assault and
received a sentence of three years.  In this appeal as of right,
appellant contends his sentence is excessive.  In addition, appellant
asks this Court to remand his case to the trial court for
clarification as to whether the present sentence runs consecutively to
a probationary sentence, which he contends was not revoked.  Upon our
review of the record, we AFFIRM the sentence imposed by the trial
court.

http://www.tba.org/tba_files/TCCA/TYREEJT.wpd






STATE OF TENNESSEE
VS. 
TYRONE W. VANLIER, SR.

Court:TCCA

Attorneys: 

FOR THE APPELLANT:

ROGER K. SMITH
104 Woodmont Blvd.
Suite 115
Nashville, TN 37205

FOR THE APPELLEE:

PAUL G. SUMMERS
Attorney General and Reporter

CLINTON J. MORGAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN  37243-0493

VICTOR S. JOHNSON III
District Attorney General

DIANE S. LANCE
Assistant District Attorney General
Washington Square
222 2nd Ave. N
Suite 500
Nashville, TN 37201-1649                         

Judge:  RILEY

First Paragraph:

The defendant, Tyrone W. Vanlier, Sr., was convicted by a jury of two
counts of rape of a child.  He was sentenced to twenty-one years on
each count, with the sentences to be served consecutively.  On appeal,
the defendant claims the trial court erred in ordering his sentences
to run consecutively.  Upon our review of the record, we AFFIRM the
sentences imposed by the trial court.

http://www.tba.org/tba_files/TCCA/VANLIRTW.wpd






STATE OF TENNESSEE
VS.
JEREMY WHITSON

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

DAVID A. DOYLE                  PAUL G. SUMMERS
District Public Defender        Attorney General & Reporter
117 West Main Street            
Gallatin, Tennessee 37066       ELIZABETH B. MARNEY
                                Assistant Attorney General
                                425 Fifth Avenue North
                                Nashville, Tennessee  37243

                                SALLIE WADE BROWN
                                Assistant District Attorney General
                                113 East Main Street
                                Gallatin, Tennessee 37066                       

Judge:  LAFFERTY

First Paragraph:

he appellant, Jeremy Whitson, appeals as of right pursuant to Rule 3
of the Tennessee Rules of Appellate Procedure from a judgment of the
Sumner County Circuit Court denying the appellant an alternative
sentence in lieu of incarceration.

http://www.tba.org/tba_files/TCCA/WHITSON.wpd

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