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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