February 7, 2000
Volume 6 -- Number 018

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):
 
04 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
00 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

						
						
STATE OF TENNESSEE
VS.
HOWARD BROWN

Court:TSC

Attorneys: 

For Appellant:              For Appellee:

SUSAN E. SHIPLEY            JOHN KNOX WALKUP
Knoxville, TN               Attorney General and Reporter

                            MICHAEL E. MOORE
                            Solicitor General

                            TODD R. KELLEY
                            Assistant Attorney General
                            Nashville, TN

                            RANDALL E. NICHOLS
                            District Attorney General

                            CHARME P. JOHNSON KNIGHT
                            Asst. District Attorney General

                            GREG HARRISON
                            Asst. District Attorney General
                            Knoxville, TN                         

Judge: BIRCH

First Paragraph:

The issue here presented is whether the trial court correctly applied
the rape shield rule in excluding testimony about a rape complainant's
prior sexual behavior with a person other than the defendant.  The
trial court excluded the proffered evidence upon a finding that the
defendant did not describe the evidence in detail sufficient to
satisfy the requirement of Tenn. R. Evid. 412(d)(1)(iii).  In
contrast, the Court of Criminal Appeals found no issue in the
application of Rule 412(d)(1)(iii); however, it held that the
proffered evidence was properly excluded because it constituted
inadmissible hearsay.

http://www.tba.org/tba_files/TSC/BROWNHow.wpd





STATE OF TENNESSEE
VS.
CHARLES DAMIEN DARDEN

Court:TSC

Attorneys: 

For the Appellant               For the Appellee

Jerome M. Converse              Paul G. Summers
Springfield, Tennessee          Attorney General & Reporter

                                Michael E. Moore
                                Solicitor General

                                Daryl J. Brand
                                Associate Solicitor General                         

Judge: BARKER

First Paragraph:

We granted this appeal to decide (1) whether the circuit court had
jurisdiction over criminal charges that were not addressed in juvenile
court during the transfer hearing; and (2) whether the amendment to
Tennessee Code Annotated section 37-1-159(d) (Supp. 1999), generally
eliminating the requirement for an acceptance hearing, is
unconstitutional.  After examining the record and considering the
arguments of the parties and applicable law, we conclude that the
circuit court properly exercised jurisdiction over the criminal
charges transferred from juvenile court as well as over the additional
charges found in the grand jury's indictment.  In addition, we
conclude that the General Assembly did not act unconstitutionally in
eliminating the requirement for an acceptance hearing.  Accordingly,
for the reasons herein, we affirm the Court of Criminal Appeals.

http://www.tba.org/tba_files/TSC/DardenCD.wpd





IN RE: 

HARRY CLARK MARSH and TRUDI JANETTE MARSH

SUSAN R. LIMOR, TRUSTEE
VS.
FLEET MORTGAGE GROUP and BANK UNITED

Court:TSC

Attorneys: 

For Petitioner/Plaintiff:       For Respondents/Defendants:

SUSAN R. LIMOR                  MICHAEL GIGANDET
Nashville, TN                   Nashville, TN
                         

Judge: BIRCH

First Paragraph:

Pursuant to Rule 23 of the Rules of the Supreme Court of Tennessee,
this Court accepted certification of the following question from the
United States Bankruptcy Court for the Middle District of Tennessee:

Whether the omission of the official notary seal in the acknowledgment
on a Tennessee deed of trust as required by Tennessee Code Annotated S
66-22-110, renders the instrument "null and void as to . . .
subsequent creditors . . . or bona fide purchasers . . . without
notice" as provided in Tennessee Code Annotated S 66-26-103.

http://www.tba.org/tba_files/TSC/marshhopn.wpd





DONALD P. SPICER
VS.
STATE OF TENNESSEE

Court:TSC

Attorneys:   

For the Appellant:              For the Appellee:

Marvin E. Ballin                Michael E. Moore
Memphis, Tennessee              Solicitor General

Mark A. Mesler                  Michael W. Catalano
Memphis, Tennessee              Associate Solicitor General
                                Nashville, Tennessee                           

Judge: BARKER

First Paragraph:

In this appeal, we address several issues related to the consolidation
and severance of multiple sexual abuse offenses pursuant to Tennessee
Rules of Criminal Procedure 8, 13, and 14.  More specifically, these
issues are: (1) whether the appellant properly preserved his right to
a severance of offenses under Rule 14(b)(1) by objecting to a
pre-trial motion for consolidation; if so, (2) whether the trial court
abused its discretion by improperly consolidating two indictments
alleging child rape and aggravated sexual battery in a single trial;
and if so, (3) whether that abuse of discretion affirmatively appears
to have affected the outcome of the trial.

http://www.tba.org/tba_files/TSC/spicerdp.wpd





SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0207.wpd





RICHARD PALLMER JAHN, JR.
VS.
SHERYL JUNE JAHN

Court:TCA

Attorneys:   

J. W. DIETZEN, DIETZEN & ATCHLEY, Chattanooga, for
Plaintiff-Appellant.

E. BLAKE MOORE, SPEARS, MOORE, REBMAN & WILLIAMS, Chattanooga, for
Defendant-Appellee.

Judge: FRANKS

First Paragraph:

This is a third appeal in this divorce action which was filed more
than six years ago between plaintiff ("husband") and defendant
("wife").

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





STATE OF TENNESSEE
VS.
MALE PIT BULL, DEWAYNE ROGERS, SHANIE ROGERS, BILLIE JEAN RITCHIE
JONES

Court:TCA

Attorneys: 

ARDENA J. GARTH, District Public Defender, and DONNA ROBINSON MILLER,
Assistant District Public Defender, OF CHATTANOOGA, FOR APPELLANT
BILLIE JEAN RITCHIE JONES

PAUL G. SUMMERS, Attorney General and Reporter, and MARK E. DAVIDSON,
Assistant Attorney General, OF NASHVILLE, FOR APPELLEE

Judge: GODDARD

First Paragraph:

This is an appeal from the Hamilton County Criminal Court's finding of
criminal contempt against Dewayne Rogers, Shanie Rogers and Billie
Jean Ritchie Jones.  Mrs. Jones, Defendant-Appellant, raises the
following issue, which we restate: Whether the Appellant was
improperly convicted of criminal contempt solely on the basis of the
uncorroborated testimony of an accomplice?

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

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