December 17, 1999
Volume 5 -- Number 171

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
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

MARGARET H. CRUZE
VS.
FORD MOTOR COMPANY
and 
DEBORAH BOWLIN

Court:TCA

Attorneys: 

For the Appellant:          For the Appellee            For the Appellee
                            Margaret H.  Cruze:         Deborah Bowlin:
J.  Randolph Bibb, Jr.      Sidney W.  Gilreath         Keith F.  Blue
Karyn C.  Bryant            Dianne E.  Lashmit          JENKINS & JENKINS
BOULT, CUMMINGS,            GILREATH & ASSOCIATES       Knoxville, TN 37929
 CONNERS & BERRY, PLC       Knoxville, TN 37902         
Nashville, TN 37219         
                            Charles R.  Terry
OF COUNSEL:                 TERRY, TERRY & STAPLETON
Craig A.  Morgan            Morristown, TN 37815-0724
Jessie A.  Amos
BROWN, McCARROLL &
 OAKS HARTLINE, LLP
Austin, TN 78701                         

Judge: SWINEY

First Paragraph:

This is a personal injury case arising out of a two-car collision
between Margaret Cruze (Plaintiff/Appellee) and Deborah Bowlin
(Defendant/Appellee).  Cruze sued Bowlin and Ford Motor Company
(Defendant/Appellant), alleging negligence by Bowlin in causing the
accident.  Cruze sued Ford under the theory of negligence and strict
product liability concerning alleged defects in Ford's passenger
restraint system on her 1994 Fort Escort.

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





MEDICAL EDUCATION ASSISTANCE
VS.
STATE OF TENNESSEE, through the EAST TENNESSEE STATE
UNIVERSITY QUILLEN COLLEGE OF MEDICINE
VS.
ASHOK V.  MEHTA, M.D.   

Court:TCA

Attorneys: 

For the Appellant           For the Appellee        For the Intervenor
Ashok V.  Mehta, M.D.:      Medical Education       State of Tennessee - 
                            Assistance Corp:        ETSU Quillen College
                                of Medicine:
Thomas C.  Jessee           Jack Tallent, II        Edward J.  Kelly
Johnson City, TN 37605      Knoxville, TN 37902     Johnson City, TN 37614                         

Judge: SWINEY

First Paragraph:

This is an appeal of the Trial Court's enforcement of a covenant not
to compete  against Ashok V. Mehta, M.D. ("Dr. Mehta"), a pediatric
cardiologist, in favor of Medical Education Assistance Corporation
("MEAC"), and the State of Tennessee through East Tennessee State
University Quillen College of Medicine ("ETSU"). The Trial Court
enjoined Dr. Mehta from practicing medicine in a seven county area for
five years, and awarded damages of $358,265 to MEAC.

http://www.tba.org/tba_files/TCA/MEAC.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





STATE OF TENNESSEE
VS.
STEPHEN CRAIG DILLARD

Court:TCCA

Attorneys:    

For the Appellant:              For the Appellee:

Julie A. Rice                   Paul G. Summers
Contract Appellate Defender     Attorney General and Reporter
P. O. Box 426   
Knoxville, TN  37901-0426       Ellen H. Pollack
Assistant Attorney General      and                     
Criminal Justice Division
425 Fifth Avenue North
Richard A. Tate                 2d Floor, Cordell Hull Building
Assistant Public Defender       Nashville, TN 37243-0493                          
Blountville, TN  37617  

H. Greeley Wells, Jr.
District Attorney General

Robert Montgomery, Jr.
Asst. District Attorney General
Blountville, TN 37617                      

Judge: HAYES

First Paragraph:

The appellant, Stephen Craig Dillard, appeals the sentencing decision
of the Sullivan County Criminal Court.  In November 1998, the
appellant entered  nolo contendere pleas to vehicular homicide,
vehicular assault, and driving on a revoked license.  Pursuant to the
plea agreement, the trial court imposed an eight year sentence for
class B vehicular homicide, a two year sentence for class D vehicular
assault, and a six month sentence for driving on a revoked license. 
The manner of service of the sentences was to be determined by the
trial court.  After a sentencing hearing, the trial court ordered the
sentences to be served concurrently in the Tennessee Department of
Correction.  The appellant appeals the trial court=s denial of an
alternative sentence.

After review of the record, we affirm.

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





WILLIAM FREDRICK LUTTRELL
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

W. Douglas Collins              Paul G. Summers
Post Office Box 1754            Attorney General of Tennessee
Morristown, TN 37816                and
                                Clinton J. Morgan
                                Assistant Attorney General of Tennessee                     
                                425 Fifth Avenue North  
                                Nashville, TN 37243

                                C. Berkeley Bell, Jr.
                                District Attorney General
                                    and
                                John F. Dugger, Jr.
                                Assistant District Attorney General
                                109 South Main Street, Suite 501
                                Greeneville, TN 37743                         

Judge:  TIPTON

First Paragraph:

The petitioner, William Frederick Luttrell, appeals as of right from
the Hamblen County Criminal Court's denial of his petition for
post-conviction relief.  He seeks relief from his 1997 guilty pleas to
three counts of delivery of less than one-half gram of cocaine, a
Class C felony; one count of possession of cocaine; and two counts of
passing worthless checks.

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





STATE OF TENNESSEE
VS.
MOLLY L. MILES

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

MARY KATHERINE LONGWORTH        PAUL G. SUMMERS
303 Cedar Street                Attorney General & Reporter
P. O. Box 501   
Loudon, TN  37774                   MARVIN S. BLAIR, JR.
(At Trial and On Appeal)        Assistant Attorney General
                                425 Fifth Avenue North
PEGGY J. S. MONGER              Nashville, TN  37243-0493
303 Cedar Street
P. O. Box 501                   CHARLES HAWK
Loudon, TN  37774               District Attorney General
(On Appeal Only)
                                DARYL ROGER DELP
JAMES H. SIMPSON                Assistant District Attorney General
Third National Bank, Suite 300
P. O. Box 626                   FRANK A. HARVEY
Lenoir City, TN  37771-0626     Assistant District Attorney General
(At Trial Only)                 P. O. Box 703
                                Kingston, TN  37763-0703                          

Judge:  GLENN

First Paragraph:

The Loudon County Grand Jury indicted the defendant, Molly L. Miles,
for first degree murder in the shooting death of Steven Dotson.  She
pleaded nolo contendere to voluntary manslaughter, a Class C felony,
and was sentenced to four years in the Tennessee Department of
Correction as a Range I standard offender.

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





TERRY FRANKLIN STOGDILL,     
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

FOR THE APPELLANT:
TERRY STOGDILL (pro se)
P.O. Box 2000
Wartburg, TN 37887

FOR THE APPELLEE:
PAUL G. SUMMERS
Attorney General & Reporter

CLINTON J. MORGAN
Asst. Attorney General
425 Fifth Ave. North
2d Floor, Cordell Hull Bldg.
Nashville, TN  37243-0493

WILLIAM PAUL PHILLIPS
District Attorney General
P.O. Box 10
Huntsville, TN 37756-0010
                        
Judge:  WITT

First Paragraph:

The petitioner, Terry Stogdill, appeals the Claiborne County Criminal
Court's dismissal of his petition for post-conviction relief. 
Stogdill is currently serving an effective twenty year sentence for
convictions of rape of a child and incest.  State v. Terry Franklin
Stogdill, No. 03C01-9507-CC-00188 (Tenn. Crim. App., Knoxville, June
10, 1998), perm. app. denied (Tenn. 1999) (concurring in results
only).

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





STATE OF TENNESSEE
VS.
RONALD M. WHITE

Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

JULIE A. RICE                   PAUL G. SUMMERS
P.O. Box 426                    Attorney General & Reporter
Knoxville, Tennessee 37901-0426
                                ELIZABETH B. MARNEY
MACK GARNER                     Assistant Attorney General
District Public Defender        425 Fifth Avenue North
419 High Street                 Nashville, Tennessee 37243
Maryville, Tennessee 37804
                                WILLIAM REED
                                Assistant District Attorney
                                Blount County Courthouse
                                363 Court Street
                                Maryville, Tennessee 37804                         

Judge:  WALKER

First Paragraph:

Appellant appeals as of right from the jury verdict finding him guilty
of driving under the influence, third offense, and leaving the scene
of an accident.

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





FREDRICK B. ZONGE
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:                  For the Appellee:

Joe H. Walker                       Paul G. Summers
District Public Defender            Attorney General of Tennessee
         and                        and
Susan Corea Fuller                  Ellen H. Pollack                
Assistant District Public Defender  Assistant Attorney General                 
Post Office Box 334                 425 Fifth Avenue North      
Harriman, Tennessee 37748-0334      Nashville, Tennessee 37243

                                    J. Scott McCluen                
                                    District Attorney General
                                    Post Office Box 703
                                    Kingston, Tennessee 37763-0703                         

Judge:  TIPTON

First Paragraph:

The petitioner, Fredrick B. Zonge, appeals as of right from the Morgan
County Criminal Court's dismissal of his petition for a writ of habeas
corpus.  He is presently in the Department of Correction serving an
effective thirty-five-year sentence as a Range II offender for his
1994 convictions for especially aggravated kidnapping, especially
aggravated burglary, aggravated assault, and theft of property valued
at over one thousand dollars.

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

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