January 4, 2000
Volume 6 -- Number 001

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
02 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
05 New Opinion(s) from the Tennessee Court of Appeals
05 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

					
Petition for Approval of Certification Standards for
Family Law Specialist
Court:TSC - Rules                         

Judge:  ANDERSON

First Paragraph:

The Tennessee Commission on Continuing Legal Education and
Specialization filed a petition to amend Supreme Court Rule 21 with
this Court on October 27, 1999.  The Commission has certified that
copies of this Petition were mailed to all major bar associations in
the state.  Further, the Commission's Requirements newsletter, mailed
in November to all Tennessee attorneys, contained an article
describing the proposed standards, and notifying Tennessee attorneys
that the Petition and supporting material was available for review on
the Commission's world wide web site.

http://www.tba.org/tba_files/TSC_Rules/famlaw.wpd





Petition to Amend Supreme Court Rule 21 To Provide for the Permanent 
Acceptance of Distance Learning Activities As Part of Tennessee's
Mandatory Continuing Legal Education Program

Court:TSC - Rules

First Paragraph:

The Tennessee Commission on Continuing Legal Education and
Specialization filed a petition to amend Supreme Court Rule 21 with
this Court on October 26, 1999.  The Commission has certified that
copies of this Petition were mailed to all major bar associations in
the state.  Further, the Commission's Requirements newsletter, mailed
in November to all Tennessee attorneys, contained an article
describing the proposed amendments, and notifying Tennessee attorneys
that the Petition and supporting material was available for review on
the Commission's world wide web site.

http://www.tba.org/tba_files/TSC_Rules/rul21amd.wpd





WANDA FAYE BROWN
VS.
JOHN CHESTER BROWN
Court:TCA

Attorneys:   

For the Plaintiff/Appellant:    For the Defendant/Appellee:

L. Thomas Austin                Jerry B. Bible        
Dunlap, Tennessee               Jasper, Tennessee                         

Judge:  LILLARD

First Paragraph:

This is a divorce case.  The trial court divided the marital estate
and granted the wife alimony in futuro.  Both the wife and the husband
appeal the division of marital property and the award of alimony.  We
affirm.

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





ANALYN ROJO CANTRELL
VS.
IN THE MATTER OF: ESTATE OF JERRY A. CANTRELL, Deceased

Court:TCA

Attorneys: 

PHILLIP NEWMAN
401 Church Street
Franklin, Tennessee 37064
    Attorney for Petitioner/Appellant

JUDY OXFORD
136 Fourth Avenue South
Franklin, Tennessee 37064
    Attorney for Respondent/Appellee                         

Judge:  CANTRELL

First Paragraph:

This appeals concerns the enforceability of a prenuptial agreement. 
On appeal the appellant challenges the trial court's application of
the Dead Man's Statute, Tenn. Code Ann. S 24-1-203, to exclude parts
of her testimony, and the court's finding that she entered into the
agreement freely, knowingly, and after a full and fair disclosure of
the extent and value of her husband's assets.  We affirm the trial
court.

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





WILLIAM BRADLEY KINCAID, III
VS.
KATHY JO KEMMER KINCAID

Court:TCA

Attorneys:

Jeffrey L. Levy, Nashville, Tennessee
Attorney for Plaintiff/Appellant

Helen Sfikas Rogers, Nashville, Tennessee
Lana L. Lennington, Nashville, Tennessee
Attorneys for Defendant/Appellee                          

Judge:  FARMER

First Paragraph:

In this action brought by Plaintiff William Bradley Kincaid, III
against Defendant Kathy Jo Kemmer (formerly Kathy Jo Kemmer Kincaid),
the trial court granted an absolute divorce to Ms. Kemmer, divided the
parties' marital property, allocated the parties' marital debt, and
awarded alimony and attorney's fees to Ms. Kemmer.  On appeal, Mr.
Kincaid challenges the trial court's ruling with respect to the
parties' marital property and debts, alimony, and attorney's fees.  On
cross-appeal, Ms. Kemmer argues that the trial court should have
ordered Mr. Kincaid to pay a greater amount of her attorney's fees. 
For the reasons set forth below, we affirm the ruling of the trial
court.

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





FRED MARSHALL
VS.
JACKSON & JONES OILS, INC.

Court:TCA

Attorneys:

For the Plaintiff/Appellant:        For the Defendant/Appellee:

Frank M. Fly                        Allen Shoffner
Murfreesboro, Tennessee             Shelbyville, Tennessee                          

Judge:  KOCH

First Paragraph:

This appeal involves a contract dispute between a service station
owner and his gasoline supplier.  The owner filed suit against the
supplier in the Circuit Court for Rutherford County alleging that the
supplier's breach of the retail price provisions of their contract
forced him out of business.

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





MARGARET WHITE and MURL WHITE
VS.
THE VANDERBILT UNIVERSITY, THE VANDERBILT UNIVERSITY 
d/b/a VANDERBILT UNIVERSITY MEDICAL CENTER and VANDERBILT UNIVERSITY
HOSPITAL, DAN SPENGLER, M.D. R. BRADLEY WYRSCH, M.D.
MICHAEL CHMELL, M.D., and CLEMENT JONES, M.D.

Court:TCA

Attorneys:    

For Plaintiffs/Appellants:          For Defendants/Appellees:

Jeffrey A. Garrety                  H. Lee Barfield
LAW OFFICES OF JEFFREY A. GARRETY   Steven E. Anderson
Jackson, Tennessee                  E. Clifton Knowles
                                    BASS, BERRY & SIMS
Larry D. Ashworth                   Nashville, Tennessee
David E. High
ASHWORTH & HIGH
Nashville, Tennessee                      

Judge:  KOCH

First Paragraph:

This medical malpractice action stems from a rare post-operative
complication of back surgery called the cauda equina syndrome.  A
patient diagnosed with the syndrome filed suit in the Circuit Court
for Davidson County alleging that four physicians and the hospital
where her back surgery was performed had caused her permanent injury
by negligently failing to monitor, diagnose, and treat her post
operative condition.

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





DAVID CHARLES HAFT
VS.
STATE OF TENNESSEE
Court:TCCA

Attorneys: 

FOR THE APPELLANT:              FOR THE APPELLEE:

DAVID CHARLES HAFT, pro se      PAUL G. SUMMERS 
STSRCF, Unit 13                 Attorney General & Reporter
Route 4, Box 600 
Pikeville, TN  37367            MICHAEL J. FAHEY, II
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                WILLIAM H. COX, III 
                                District Attorney General 
                                600 Market Street, Suite 310
                                Chattanooga, TN  37402                         

Judge:  WOODALL

First Paragraph:

On January 23, 1991, Petitioner David Charles Haft was convicted of
first degree murder and attempted first degree murder.  The trial
court subsequently imposed sentences of life and twenty years,
respectively.  On October 30, 1998, Petitioner filed a petition for
post-conviction relief, or in the alternative, a motion to reopen a
previous petition.

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





GORDON SCOTT HOBBS
VS.
JAMES BOWLEN, Warden and STATE OF TENNESSEE

Court:TCCA

Attorneys:

For Appellant:              For Appellees:

Gordon Scott Hobbs, pro se  Michael E. Moore
#94583                      Solicitor General
Route 4, Box 600
Pikeville, TN  37367        Ellen H. Pollack
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN  37243-0493

                            James W. Pope, III
                            Assistant District Attorney General
                            375 Church Street
                            Dayton, TN  37321                          

Judge:  GLENN

First Paragraph:

The petitioner, Gordon S. Hobbs, was convicted on January 28, 1981, in
the Hamilton County Circuit Court of first degree murder and assault
with intent to commit first degree murder and sentenced to two life
sentences to be served consecutively.  This court affirmed the
convictions and sentences on November 12, 1981, and our supreme court
denied permission to appeal on February 22, 1982.

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





ALICIA SHAYNE LOVERA 
VS.
STATE OF TENNESSEE

WITH CONCURRING OPINION

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

Douglas A. Trant                Paul G. Summers
Attorney for the Appellant      Attorney General and Reporter
900 S. Gay Street, Suite 1502   
Knoxville, TN  37902            Ellen H. Pollack
                                Assistant Attorney General                              
                                Criminal Justice Division
                                425 Fifth Avenue North
                                2d Floor, Cordell Hull Building
                                Nashville, TN 37243-0493                
                        
                                Alfred C. Schmutzer, Jr.
                                District Attorney General
                                Sevier County Courthouse
                                125 Court Avenue, Suite 301-E
                                Sevierville, TN  37962                         

Judge:  HAYES

First Paragraph:

The appellant, Alicia Shayne Lovera, appeals from the trial court's
denial of her petition for post-conviction relief.  In November 1994,
the appellant was charged with the first degree premeditated murder of
her husband Kelly J. Lovera.  A Sevier County jury found the appellant
guilty of the offense charged.

http://www.tba.org/tba_files/TCCA/LoveraAS.wpd
CONCURRING OPINION

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





JEFFREY SCOTT MILES
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys: 

For the Appellant:              For the Appellee:

Jeffrey Scott Miles, Pro Se     Paul G. Summers
NECX CCA Caller #1              Attorney General and Reporter
Roan Mountain, TN  37687    
                                Patricia C. Kussmann
                                Assistant Attorney General                              
                                Criminal Justice Division
                                425 Fifth Avenue North
                                2d Floor, Cordell Hull Building
                                Nashville, TN 37243-0493                
                        
                                William Edward Gibson
                                District Attorney General
        
                                David Patterson
                                Asst. District Attorney General
                                145 S. Jefferson Avenue
                                Cookeville, TN  38501                         

Judge:  HAYES

First Paragraph:

The appellant, Jeffrey Scott Miles, appeals from the trial court's
denial of the writ of error coram nobis.  Proceeding pro se, the
appellant seeks issuance of the writ in order to correct errors from
the judgment of the trial court revoking his probation and remanding
him to the custody of the Department of Correction.

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





STATE OF TENNESSEE
VS.
RAMAAN JAMEL THOMAS

Court:TCCA

Attorneys:

FOR THE APPELLANT:              FOR THE APPELLEE:

WILLIAM L. BROWN                PAUL G. SUMMERS 
Attorney at Law                 Attorney General & Reporter
706 Walnut Street, Suite 902
Knoxville, TN  37902            MARVIN S. BLAIR, JR.
                                Assistant Attorney General
                                2nd Floor, Cordell Hull Building
                                425 Fifth Avenue North 
                                Nashville, TN  37243

                                RANDALL EUGENE NICHOLS
                                District Attorney General 
    
                                MARSHA SELECMAN
                                Assistant District Attorney General
                                400 Main
                                P.O. Box 1468 
                                Knoxville, TN  37901-1468                           

Judge:  WOODALL

First Paragraph:

Defendant Ramaan Jamel Thomas pled guilty in the Knox County Criminal
Court to one count of theft of property worth between $10,000.00 and
$60,000.00 and the trial court imposed a sentence of three years to be
served in the Community Alternative to Prison Program ("CAPP").

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

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