December 29, 1999
Volume 5 -- Number 176

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
02 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

						
WILLIAM STEPHEN JONES
VS.
SHEARER JOY ELLIS JONES

Court:TCA

Attorneys: 

JOHN D. LOCKRIDGE and SCARLETT A. BEATY, Lockridge, Valone & Beaty,
PLLC, Knoxville, for Appellant
                                        
CHARLES H. CHILD, O'Connor, Petty, Child & Boswell, Knoxville, for
Appellee

Judge:  GODDARD

First Paragraph:

This appeal arises from an entry of a divorce decree in Knox County
Chancery Court between Dr. William Stephen Jones, the
Plaintiff/Appellant, and Shearer Joy Ellis Jones, the
Defendant/Appellee.  The Chancery Court awarded Dr. Jones
approximately $208,000 in marital property, and awarded Mrs. Jones
approximately $180,000 in marital property.  The Court also awarded
Mrs. Jones sole custody and control of the parties' two minor
children, $3,445.12 per month in child support, and $1,200 per month
for five years in rehabilitative alimony.

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





PST VANS, INC. and JAMES A. COUTERMARSH
VS.
GINGER GAYLE REED and ROSIE CLARK REED

Court:TCA

Attorneys:  

For Appellant                 For Appellee

WANDA G. SOBIESKI             JOE H. NICHOLSON
R. RICHARD CARL, II           ANGELIA D. MORIE
Sobieski, Messer & Associates Nicholson, Garner & Duggan
Knoxville, Tennessee          Maryville, Tennessee                        

Judge:  SUSANO

First Paragraph:

This is an action of interpleader.  It presents a dispute between the
widow of Lowell Kenneth Reed ("Reed") and one of his three adult
children.  The plaintiffs in the instant case, PST Vans, Inc. ("PST")
and James A. Coutermarsh ("Coutermarsh"), are judgment debtors as a
result of an action filed in federal court by Rosie Clark Reed ("the
Widow") seeking to recover for the wrongful death of her husband. 
Ginger Gayle Reed ("the Daughter"), one of Reed's children by an
earlier marriage, intervened in the federal court action.

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





STATE OF TENNESSEE
VS.
ROBERT P. BAUCOM, SR.

Court:TCCA

Attorneys:  

FOR THE APPELLANT:
    
    LIONEL R. BARRETT, JR.
    207 Third Avenue, North
    Third Floor, P.O. Box 190599
    Nashville, TN  37219-0599

FOR THE APPELLEE:
    
    PAUL G. SUMMERS
    Attorney General and Reporter
    
    MARVIN E. CLEMENTS, JR.
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    VICTOR S. JOHNSON III
    District Attorney General
    
    EDWARD S. RYAN
    Assistant District Attorney General
    222 - 2nd Avenue North
    Washington Square, Suite 500
    Nashville, TN  37201-1649                        

Judge:  RILEY

First Paragraph:

Defendant, ROBERT P. BAUCOM, SR., pled nolo contendere to vehicular
homicide and reckless aggravated assault, Class C and D felonies,
respectively.  Defendant also pled guilty to three counts of felony
reckless endangerment, Class E felonies.  Pursuant to a plea
agreement, defendant received a total effective sentence of eleven
years as a Range I standard offender:  six years for vehicular
homicide; two years for aggravated assault; and one year for each
reckless endangerment; all sentences ordered to run consecutively. 
The sole issue in this appeal is whether the trial court erred in
denying defendant alternative sentencing or probation.  We AFFIRM the
judgment of the trial court pursuant to Rule 20, Tennessee Court of
Criminal Appeals.

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





STATE OF TENNESSEE
VS.
JACK RONDAL DILLMON

Court:TCCA

Attorneys:   

FOR THE APPELLANT:              FOR THE APPELLEE:

HERBERT S. MONCIER              JOHN KNOX WALKUP
ANN C. SHORT                    Attorney General & Reporter 
Suite 775 Nations Bank Center
550 Main Avenue                 DAVID M. HIMMELREICH    
Knoxville, TN 37920             Deputy Attorney General
                                425 Fifth Avenue North
                                Nashville, TN 37243-0493

                                VICTOR S. (TORRY) JOHNSON, III  
                                District Attorney General

                                RONALD E. MILLER
                                Assistant District Attorney General
                                222 Second Avenue North, Suite 500
                                Nashville, TN 37201-1649                       

Judge:  WILLIAMS

First Paragraph:

The defendant, Jack Rondal Dillmon, appeals from his conviction by a
Davidson County jury.  He was convicted of ten counts of bribery of a
public servant and sentenced to four years on each count.  The trial
court ordered counts one through five to run concurrently and counts
six through ten to run concurrently.  These two four-year sentences
were imposed consecutively for an effective eight year sentence, with
one year to be served in the workhouse, day for day, and the remaining
seven years on probation.  Further, the trial court imposed $24,610 of
restitution and $10,000 of fines.  On appeal, the defendant challenges
both his convictions and his sentence.

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





STATE OF TENNESSEE
VS.
JERRY WAYNE FORD

Court:TCCA

Attorneys:   

FOR THE APPELLANT:          FOR THE APPELLEE:

ROBERT W. NEWMAN            PAUL G. SUMMERS 
GALLIGAN AND NEWMAN         Attorney General & Reporter
308 West Main Street
McMinnville, TN  37110      KIM R. HELPER 
                            Assistant Attorney General
                            2nd Floor, Cordell Hull Building
                            425 Fifth Avenue North 
                            Nashville, TN  37243

                            WILLIAM M. LOCKE
                            District Attorney General 

                            ROBERT W. BOYD, JR.
                            Assistant District Attorney General 
                            Professional Building
                            McMinnville, TN  37110                       

Judge:  WOODALL

First Paragraph:

The Warren County Grand Jury indicted Defendant Jerry Wayne Ford for
driving under the influence ("DUI"), fourth offense, and for driving
on a revoked license ("DORL").  The charge for DORL was later retired.
 Following a jury trial that same day, Defendant was convicted of
second offense DUI.  The trial court subsequently imposed a sentence
of eleven months and twenty-nine days, suspended after ninety days of
confinement. Defendant challenges his conviction, raising the
following issue: whether the evidence was sufficient to support his
conviction.  After a review of the record, we affirm the judgment of
the trial court.

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





STATE OF TENNESSEE
VS.
JOSEPH D. GRAY

Court:TCCA

Attorneys: 

For Appellant               For Appellee

John E. Herbison            Paul G. Summers
2016 Eighth Avenue South    Attorney General and Reporter
Nashville, TN  37204        425 Fifth Avenue North
                            Nashville, TN  37243-0493

                            Lucian D. Geise
                            Assistant Attorney General 
                            425 Fifth Avenue North
                            Nashville, TN  37243-0493

                            Sean Allen
                            Assistant District Attorney General
                            222 2nd Avenue North
                            Nashville, TN  37201-1649                         

Judge:  OGLE

First Paragraph:

On October 7, 1998, the appellant, Joseph D. Gray, pled guilty in the
Davidson County General Sessions Court to two charges of criminal
contempt of court.  The appellant had violated an order of protection
issued by the Davidson County Circuit Court pursuant to the Domestic
Abuse statute.  Tenn. Code. Ann. S 36-3-601 to -621 (1997).  Upon the
appellant's pleas of guilt, the court imposed concurrent sentences of
ten days incarceration in the Davidson County Jail, staying execution
of the sentences pending the resolution of this appeal.  The appellant
utilized the procedure set forth in Tenn. R. Crim. P. 37(b)(2)(iv) in
order to reserve his right to appeal a certified question of law
challenging the jurisdiction of the General Sessions Court.  Following
a review of the record and the parties' briefs, we conclude that the
appellant should have filed his appeal with the Tennessee Court of
Appeals.

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





STATE OF TENNESSEE
VS.
DENNIS J. HUGHES AND SUVONNYA LAKEISHA SMITH

Court:TCCA

Attorneys:   

FOR APPELLANT HUGHES:   FOR THE APPELLEE:

EDWARD M. YARBROUGH     JOHN KNOX WALKUP
and PETER J. STRIANSE   Attorney General & Reporter
424 Church Street
2210 Sun Trust Center   KIM R. HELPER
Nashville, TN 37219     Assistant Attorney General
                        425 Fifth Avenue North
FOR APPELLANT SMITH:    Nashville, TN 37243-0493

RICHARD D. PILIPONIS    VICTOR S. (TORRY) JOHNSON III
176 Second Avenue North District Attorney General
Suite 400
Nashville, TN 37201     JOHN C. ZIMMERMAN 
                        Assistant District Attorney General
                        222 Second Avenue North 
                        Suite 500
                        Nashville, TN 37201-1649                       

Judge:  WILLIAMS

First Paragraph:

On October 7, 1998, the appellant, Joseph D. Gray, pled guilty in the
Davidson County General Sessions Court to two charges of criminal
contempt of court.  The appellant had violated an order of protection
issued by the Davidson County Circuit Court pursuant to the Domestic
Abuse statute.  Tenn. Code. Ann. S 36-3-601 to -621 (1997).  Upon the
appellant's pleas of guilt, the court imposed concurrent sentences of
ten days incarceration in the Davidson County Jail, staying execution
of the sentences pending the resolution of this appeal.  The appellant
utilized the procedure set forth in Tenn. R. Crim. P. 37(b)(2)(iv) in
order to reserve his right to appeal a certified question of law
challenging the jurisdiction of the General Sessions Court.  Following
a review of the record and the parties' briefs, we conclude that the
appellant should have filed his appeal with the Tennessee Court of
Appeals.

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




STATE OF TENNESSEE
VS.
WILLIAM M. NEELY

Court:TCCA

Attorneys: 

FOR THE APPELLANT:
    
    SAM WALLACE, SR.
    227 Second Avenue North
    2nd Floor
    Nashville, TN  37201

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
    
    EDWARD S. RYAN
    COLIN CARNAHAN
    Asst. District Attorneys General
    222 - 2nd Avenue North
    Washington Square, Suite 500
    Nashville, TN  37201-1649                         

Judge:  RILEY

First Paragraph:

A Davidson County jury convicted defendant of driving under the
influence (DUI.)  The sole issue in this appeal as of right is
sufficiency of the convicting evidence.  Upon our review of the
record, we AFFIRM the judgment of the trial court.

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

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