|
December 30, 1999
Volume 5 -- Number 177
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 |
| 01 |
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 |
| 10 |
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
|
-
There are three ways for TBALink members to get the full-text
versions of these opinions from the Web:
Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a
plain text version of the opinion.
*NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original
WordPerfect 6.0 version of the opinion.
Click the URL at end of each Opinion paragraph below. This option
will allow you to download the original WordPerfect 6.0 document.
Lucian T. Pera
Editor-in-Chief, TBALink
LISA JO PHILLIPS
VS.
MORTON'S HORTICULTURAL PRODUCTS, INC.
Court:TSC - Workers Comp Panel
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
NICOLE B. CLAYTON FRANK FARRAR, ESQ.
FRED C. STATUM, III WILLIAM JOSEPH BUTLER
Manier & Herrod Farrar & Holliman
150 Fourth Ave North, Ste 2200 P.O. Box 280
Nashville, Tennessee 37219-2494 Lafayette, Tennessee 37083
Judge: TATUM
First Paragraph:
This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.
http://www.tba.org/tba_files/TSC_WCP/phillips.wpd
JERRY DUNCAN FORD, INC.
VS.
J. ROY FROST d/b/a FROST CONSTRUCTION COMPANY
J. ROY FROST d/b/a FROST CONSTRUCTION COMPANY
VS.
JERRY DUNCAN FORD, INC.
CUSTOMER SERVICE ELECTRIC SUPPLY, INC.
VS.
JERRY DUNCAN FORD, INC. J. ROY FROST d/b/a FROST CONSTRUCTION CO., M.
JERRY DUNCAN and wife, JUDY C. DUNCAN
Court:TCA
Attorneys:
For Appellant Frost For Appellees Jerry Duncan Ford,
Inc., M. Jerry Duncan and Judy
WILSON S. RITCHIE C. Duncan
WALTER B. JOHNSON, II
Ritchie & Johnson, PLC J. POLK COOLEY
Knoxville, Tennessee JENNIFER E. RABY
Cooley, Cooley & Agee
For Appellant Customer Service Rockwood, Tennessee
Electric Supply, Inc.
WILLIAM A. NEWCOMB
Harriman, Tennessee
Judge: SUSANO
First Paragraph:
This case is a consolidation of three breach of contract actions, each
of which arose out of disputes regarding major renovations and
additions to a commercial building in Harriman housing an automobile
dealership owned by Jerry Duncan Ford, Inc. ("Jerry Duncan Ford").
Jerry Duncan Ford filed an action against the general contractor in
charge of the project, J. Roy Frost, doing business as Frost
Construction Company ("Frost"), after terminating Frost's services
because of unsatisfactory performance.
http://www.tba.org/tba_files/TCA/DuncanFord.wpd
SULLIVAN COUNTY, TENNESSEE and THE SULLIVAN COUNTY BUILDING
COMMISSIONER
VS.
JOE ELLIS LYON
Court:TCA
Attorneys:
For Appellant For Appellees
JOE ELLIS LYON DANIEL P. STREET
Pro Se Sullivan County Attorney
Bluff City, Tennessee Blountville, Tennessee
Judge: SUSANO
First Paragraph:
This appeal arises out of the trial court's entry of an "agreed" order
ostensibly resolving a dispute between plaintiffs Sullivan County and
the Sullivan County Building Commissioner (collectively "the County")
and defendant Joe Ellis Lyon ("Lyon"). Lyon appeals, arguing that he
did not consent to the entry of the order. We find and hold that the
order should not have been entered.
http://www.tba.org/tba_files/TCA/SULLIVANco.wpd
JOHN D. BARRON
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Paul J. Bruno, Attorney Paul G. Summers
Washington Square Building Attorney General and Reporter
222 Second Avenue North
Suite 350M Mark E. Davidson
Nashville, TN 37201 Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
Nashville, TN 37243-0493
T. J. Haycox
Assistant District Attorney General
Washington Square Building, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
Judge: WADE
First Paragraph:
The petitioner, John D. Barron, appeals the trial court's denial of
his petition for post-conviction relief. The single issue presented
for review is whether the petitioner's plea of guilt to attempted
aggravated sexual battery was knowingly and voluntarily made.
http://www.tba.org/tba_files/TCCA/barronjd.wpd
STATE OF TENNESSEE
VS.
DON PALMER BLACK
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JERRY H. SUMMERS PAUL G. SUMMERS
500 Lindsay Street Attorney General and Reporter
Chattanooga, TN 37403
MARVIN S. BLAIR, JR.
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
BILL COX
District Attorney General
DEAN FERRARO
Assistant District Attorney General
City and County Court Building
Chattanooga, TN 37402
Judge: WELLES
First Paragraph:
The Defendant, Don Palmer Black, appeals as of right his conviction
pursuant to a Hamilton County jury verdict finding him guilty of
second offense driving under the influence of an intoxicant.
http://www.tba.org/tba_files/TCCA/blackdp.wpd
STATE OF TENNESSEE,
VS.
JOHNNIE SHANE CAPLEY
Court:TCCA
Attorneys:
FOR THE APPELLANT:
EUGENE J. HONEA
Asst. Public Defender
407-C Main Street
Franklin, TN 37065-0068
FOR THE APPELLEE:
PAUL G. SUMMERS
Attorney General & Reporter
ELIZABETH T. RYAN
Asst. Attorney General
425 Fifth Ave. North
2d Floor, Cordell Hull Bldg.
Nashville, TN 37243-0493
RONALD L. DAVIS
District Attorney General
JEFFREY PRESTON BURKS
Asst. District Attorney General
Williamson Cnty. Courthouse
Franklin, TN 37065-0937
Judge: WITT
First Paragraph:
The defendant, Johnnie Shane Capley, appeals from his sentences
imposed for his Williamson County Criminal Court convictions. The
defendant pleaded guilty to simple possession of marijuana, a Class A
misdemeanor; burglary, a Class D felony; theft of property valued over
$1,000, a Class D felony; aggravated burglary, a Class C felony; theft
of property valued over $10,000, a Class C felony; evading arrest, a
Class A misdemeanor; and auto burglary, a Class E felony. After a
sentencing hearing, the defendant was sentenced to an effective term
of 25 years in the Department of Correction as a Range III, persistent
offender. In this direct appeal, the defendant complains that his
sentences were improper. Following a review of the record, the briefs
of the parties, and the applicable law, we affirm the defendant's
sentences.
http://www.tba.org/tba_files/TCCA/CapleyJS.wpd
RONALD L. DAVIS
VS.
JACK MORGAN, Warden
Court:TCCA
Judge: WELLES
First Paragraph:
The appellant, Ronald L. Davis, has filed a petition requesting this
Court to grant a rehearing in this matter pursuant to Tenn. R. App. P.
39. We have considered all of the arguments raised in the petition,
and have found them to be without merit. The petition for rehearing
is, therefore, denied.
http://www.tba.org/tba_files/TCCA/davisrl.wpd
STATE OF TENNESSEE
VS.
SHIRLEY R. HASTINGS
Court:TCCA
Attorneys:
FOR THE APPELLEE: FOR THE APPELLANT:
W. H. STEPHENSON, II PAUL G. SUMMERS
Suite 318, 2400 Crestmoor Road Attorney General & Reporter
Nashville, TN 37215
LUCIAN D. GEISE
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
VICTOR S. JOHNSON, III
District Attorney General
COLIN J. CARNAHAN
Assistant District Attorney General
Washington Square, Suite 500
222 2nd Avenue North
Nashville, TN 37201-1649
Judge: WOODALL
First Paragraph:
On May 20, 1998, the Davidson County Grand Jury indicted Defendant
Shirley R. Hastings in case 98-T-502 for seventh offense driving under
the influence ("DUI") and for violating the habitual motor vehicle
offender ("HMVO") law. On September 16, 1998, the Davidson County
Grand Jury indicted Defendant in case 98-T-915 for seventh offense DUI
and for violating the HMVO law. On October 19, 1998, Defendant pled
guilty in case 98-T-915 to seventh offense DUI and violating the HMVO
law.
http://www.tba.org/tba_files/TCCA/hastingssr.wpd
STATE OF TENNESSEE
VS.
JIMMY D. JOHNSON
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Stacey D. Nordquist Paul G. Summers
Assistant District Public Defender Attorney General of Tennessee
419 High Street and
Maryville, TN 37804 Elizabeth B. Marney
Assistant Attorney General of TN
425 Fifth Avenue North
Nashville, TN 37243
Michael L. Flynn
District Attorney General
and
Kirk E. Andrews
Assistant District Atty General
363 Court Street
Maryville, TN 37804-5906
Judge: TIPTON
First Paragraph:
The defendant, Jimmy D. Johnson, appeals as of right from the Blount
County Circuit Court's revocation of his probation. The defendant
pled guilty to incest, a Class C felony, and was sentenced as a Range
I, standard offender to six years confinement in the Department of
Correction. The defendant was ordered to serve one hundred eighty
days in the Blount County Jail with the remainder to be served on
supervised probation. He contends that the trial court erred by
revoking his probation and sentencing him to incarceration. We affirm
the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/JohnsonJ.wpd
STATE OF TENNESSEE
VS.
DENNIS J. SHELTON, JR.
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Douglas L. Payne Paul G. Summers
114 South Maine Street Attorney General & Reporter
Greeneville, TN 37743
Clinton J. Morgan
Counsel for the State
425 Fifth Avenue North
Nashville, TN 37243-0493
Cecil C. Mills, Jr.
Assistant District Attorney General
109 South Main Street
Greeneville, TN 37743
Judge: WADE
First Paragraph:
The defendant, Dennis Shelton, was convicted of aggravated burglary
and theft of property over $1,000 but less than $10,000. The trial
court imposed Range I sentences of six years for the aggravated
burglary conviction and four years for the theft conviction. The
sentences were ordered to be served concurrently. The trial court
also imposed a fine of $4,000. In this appeal of right, the following
issues are presented for review: (1) whether the evidence is
sufficient to support the guilty verdicts; and (2) whether the
sentence imposed is excessive.
http://www.tba.org/tba_files/TCCA/sheltondjjr.wpd
DAVID STOVALL
VS.
STATE OF TENNESSEE
Court:TCCA
Judge: SMITH
First Paragraph:
This matter is before the Court upon the state's motion requesting
that the judgment in the above-styled cause be affirmed pursuant to
Rule 20, Tennessee Court of Criminal Appeals Rules. Having reviewed
the petitioner's brief, the state's motion, and the record on appeal,
the Court finds that the motion is well taken.
http://www.tba.org/tba_files/TCCA/STOVALLD.wpd
STATE OF TENNESSEE
VS.
JOHN WALTER SULLIVAN
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Hank Hill Paul G. Summers
Hank Hill & Assoc., Attorneys Attorney General and Reporter
701 Cherry Street, Suite 200
Chattanooga, TN 37402 Michael J. Fahey, II
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
William H. Cox III
District Attorney General
H. C. Bright
Asst. District Attorney General
313 Courts Building
600 Market Street
Chattanooga, TN 37402
Judge: HAYES
First Paragraph:
The appellant, John Walter Sullivan, was convicted by a Hamilton
County jury of one count of attempted second degree murder. Following
a sentencing hearing, the appellant was sentenced to ten years in the
Department of Correction. The appellant contends that the evidence is
insufficient to support a conviction for attempted second degree
murder.
http://www.tba.org/tba_files/TCCA/SullivanJW.wpd
STATE OF TENNESSEE
VS.
SCOTT WYATT and ANGELA THOMAS
Court:TCCA
Attorneys:
FOR THE APPELLANTS:
B. CAMPBELL SMOOT (on appeal)
District Public Defender
MARGARET C. LAMB (on appeal)
Assist. Public Defender
605 E. Carroll Street
Tullahoma, TN 37388
GREGORY M O'NEAL (at trial)
Attorney at Law
2 S. Jefferson St.
P.O. Box 555
Winchester, TN 37398
FOR THE APPELLEE:
PAUL G. SUMMERS
Attorney General & Reporter
KIM R. HELPER
Asst. Attorney General
425 Fifth Ave. North
2d Floor, Cordell Hull Bldg.
Nashville, TN 37243-0493
C. MICHAEL LAYNE
District Attorney General
KEN SHELTON
Asst. District Attorney General
P.O. Box 147
Manchester, TN 37355
Judge: WITT
First Paragraph:
The defendants, Scott Wyatt and Angela Thomas, appeal their Coffee
County Criminal Court convictions and their resulting sentences. A
jury convicted the defendants of theft of property valued under $500,
a Class A misdemeanor. After a sentencing hearing, the trial court
sentenced each defendant to serve eleven months, 29 days and pay a
fine of $60.
http://www.tba.org/tba_files/TCCA/WyattTh.wpd
PLEASE FORWARD THIS EMAIL!
Feel free to forward this Opinion Flash on to anyone you know
of with an e-mail address.
GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion
Flash.
JOIN TBALink!
While Opinion Flash is a free service of the Tennessee Bar Association,
you must be a subscriber to TBALink, the premier Web site for
Tennessee attorneys, in order to access the full-text of the opinions
or enjoy many other features of TBALink. TBA members may join
TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/
SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion-Flash free each
day by e-mail? Anyone -- whether a TBA member or not is welcome
to subscribe ... it's free!
For the Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE HTML
3) Leave the body of the message blank
UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank
     
© Copyright 1999 Tennessee Bar Association
|
