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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