February 25, 2000
Volume 6 -- Number 029

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.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
02 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
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
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

CHARLES PENDLETON
VS.
KNOXVILLE COMMUNITY DEVELOPMENT CORPORATION

Court:TSC - Workers Comp Panel

Attorneys:   

For the Appellant:              For the Appellee:

John T. Batson, Jr.             James L. Milligan, Jr.
Watson, Hollow & Reeves         607 Market Street
Plaza Tower, Suite 1700         10th Floor
Knoxville, Tennessee 37929      Knoxville, Tennessee 37902                       

Judge:  PEOPLES

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  The
employer, Knoxville Community Development Corporation (hereafter
"KCDC") appeals an award of 20 percent disability to the body.  We
affirm. Review of the findings of fact of the trial court is de novo
upon the record of the trial court, accompanied by a presumption of
the correctness of the finding, unless the preponderance of the
evidence is otherwise.

http://www.tba.org/tba_files/TSC_WCP/PendletonvKCDC.wpd





ALBERT J. SHELL
VS.
ABB COMBUSTION ENGINEERING, INC.

Court:TSC - Workers Comp Panel

Attorneys:   

For the Appellant:              For the Appellee:

Thomas L. Wyatt                 Jeffrey L. Cleary
Summers & Wyatt, P.C.           Cleary & Lockett, P.C.
500 Lindsay Street              801 Broad St. Suite 530
Chattanooga, Tenn.  37403       Chattanooga, Tenn.  37402-2687                         

Judge:  THAYER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.

http://www.tba.org/tba_files/TSC_WCP/shell.wpd





BUFORD KNIGHT and wife, ANNABELLE KNIGHT
VS.
GREENE COUNTY, TENNESSEE, and ALAN D. BROYLES, 
in his capacity as County Executive of Greene County, Tennessee

Court:TCA

Attorneys: 

For Appellants                  For Appellees

WILLIAMS E. PHILLIPS            JEFFREY M. WARD
Phillips & Hale                 DANIEL D. COUGHLIN
Rogersville, Tennessee          Milligan & Coleman
                                Greeneville, Tennessee              

Judge:  SUSANO

First Paragraph:

This is an inverse condemnation action brought by Buford Knight and
Annabelle Knight against Greene County and Alan D. Broyles, County
Executive of Greene County (collectively "the County").  The trial
court granted the County summary judgment, finding that the
plaintiffs' action was barred by the statute of limitations.  The
plaintiffs appeal, arguing that the trial court erred in granting
summary judgment because their cause of action was filed pursuant to
the savings statute, T.C.A. S 28-1-105, and thus is not barred by the
statute of limitations.

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





STEVE MYERS
VS.
DANNY WILSON and ELMO MAYES

Court:TCA

Attorneys: 

For Appellant                    For Appellees

LYNN TARPY                      JOHNNY V. DUNAWAY
THOMAS M. LEVEILLE              LaFollette, Tennessee
Hagood, Tarpy & Cox, PLLC
Knoxville, Tennessee
                         

Judge:  SUSANO

First Paragraph:

This case arises out of a dispute over a 30-foot right-of-way that
crosses the property of the plaintiff, Steve Myers, and provides
access to a state highway from the property owned by the defendant,
Danny Wilson, which property is leased to the defendant, Elmo Mayes. 
Wilson was granted an easement over Myers' property in a deed
providing that Wilson was entitled to "the right of the unobstructed
use of the private road."  Myers brought this action seeking a
declaratory judgment, damages, and injunctive relief against the
defendants after two gates on the right-of-way were destroyed.  The
trial court denied Myers' request for damages and an injunction,
finding that the two gates interfered with Wilson's "unobstructed
use."

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





PAUL A. MAYES
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:   

For Appellant:                  For Appellee:

Joe H. Walker                   Paul G. Summers
District Public Defender        Attorney General and Reporter
    
Susan Corea Fuller              Ellen H. Pollack        
Assistant Public Defender       Assistant Attorney General
P.O. Box 334                    425 Fifth Avenue North 
Harriman, TN  37748             Nashville, TN  37243

                                Scott McCluen
                                District Attorney General
                                P.O. Box 703
                                Kingston, TN  37763                       

Judge:  WADE

First Paragraph:

The petitioner, Paul A. Mayes, appeals the trial court's dismissal of
his petition for writ of habeas corpus.  In this appeal of right, the
single issue presented for review is whether the petition was properly
dismissed.

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





ASHLEE M. SELLARS
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:

For the Appellant:              For the Appellee:

J. Liddell Kirk                 Paul G. Summers             
706 Walnut Street, Suite 902    Attorney General of Tennessee
Knoxville, TN 37902                 and
                                R. Stephen Jobe     
                                Assistant Attorney General of Tennessee 
                                425 Fifth Avenue North  
                                Nashville, TN 37243

                                Randall E. Nichols
                                District Attorney General
                                    and
                                William H. Crabtree
                                Assistant District Attorney General
                                Post Office Box 1468
                                Knoxville, TN 37901-1468                          

Judge:  TIPTON

First Paragraph:

The petitioner, Ashlee M. Sellars, appeals as of right from the Knox
County Criminal Court's dismissal of her petition for post-conviction
relief.  On January 30, 1998, the petitioner pled guilty to
facilitation of felony murder, a Class A felony, and especially
aggravated robbery, a Class A felony.  The trial court sentenced her
to concurrent twenty-five year terms.  The trial court dismissed the
post-conviction petition for failing to state a claim for relief.  The
petitioner contends that the trial court erred in dismissing her
petition without an evidentiary hearing because it stated a colorable
claim.  She claims that her guilty pleas were not knowing and
voluntary because they resulted from emotional coercion from her
mother the night before she entered her plea.  The state contends that
the petitioner failed to allege a violation of her constitutional
rights.  We reverse the trial court's dismissal of the petition and
remand the case for an evidentiary hearing.

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





STATE OF TENNESSEE
VS.
DAVID WILLIAM SMITH

Court:TCCA

Attorneys:  

FOR THE APPELLEE:               FOR THE APPELLANT:

GALE K. FLANARY                 PAUL G. SUMMERS
Assistant Public Defender       Attorney General & Reporter
P. O. Box 839
Blountville, TN  37617-0839     ERIK W. DAAB
(At Trial)                      Assistant Attorney General
                                425 Fifth Avenue North
TERRY L. JORDAN                 Nashville, TN  37243-0493
Assistant Public Defender
P. O. Box 839                   H. GREELEY WELLS, JR.
Blountville, TN  37617-0839     District Attorney General
(At Trial and On Appeal)
                                JOSEPH EUGENE PERRIN
GERALD L. GULLEY, JR.           Assistant District Attorney General
P. O. Box 1708                  P. O. Box 526
Knoxville, TN  37901-1708       Blountville, TN  37617-0526
(On Appeal)
                        

Judge:  GLENN

First Paragraph:

The defendant, David William Smith, was indicted by the Sullivan
County Grand Jury and charged with five counts of attempted first
degree murder.  Following the first trial, the jury found him not
guilty of attempted first degree murder, but could not agree upon the
remaining charges, necessitating that a mistrial be declared.  After
the second jury to hear the charges also could not agree upon a
verdict, a second mistrial was declared. However, the third jury to
hear the charges convicted him of five counts of attempted second
degree murder.  The trial court sentenced the defendant to sixteen
years for each count as a Range II offender.  The court ordered that
the sentences for counts one and two be served consecutively and the
sentences for counts three, four, and five be served concurrently, for
a total effective sentence of thirty-two years.

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

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