February 28, 2000
Volume 6 -- Number 030

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
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
11 New Opinion(s) from the Tennessee Court of Appeals
09 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
 

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.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Lucian T. Pera
Editor-in-Chief, TBALink

JACQUELINE LINDBLOOM
VS.
METRO 8 SHEET METAL, INC.

Court:TSC - Workers Comp Panel

Attorneys:   

For the Appellant:              For the Appellee:

Landon H. Goins                 John M. Griffin
Suite 402, Dome Building        Wolfe and Griffin
Chattanooga, TN 37402           615 Houston Street
                                Chattanooga, TN 37403                       

Judge:  CORLEW

First Paragraph:

This worker's compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with the provisions of Tennessee Code Annotated S50-6-225 (e) (3)
(1998 Supp.) for hearing and reporting to the Supreme Court of
findings of fact and conclusions of law.    The Appellant raises two
issues for consideration by the Court:    1) whether the Trial Court's
award of permanent partial disability payments of forty percent to the
leg is supported by the facts and the evidence, and 2) whether an
award for temporary partial disability benefits is justified by the
evidence.

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



SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0228.wpd
JAMES ARLOND HANCOCK VS. BONNIE LOUISE POPE HANCOCK Court:TCA Attorneys: For the Appellant: For the Appellee: Michael A. Anderson Mark G. Rothberger 835 Georgia Avenue, Suite 600 Ste. 150, 615 Lindsay Street Chattanooga, TN 37402 Chattanooga, TN 37403 Judge: SWINEY First Paragraph: In this divorce case, James Arlond Hancock ("Husband") appeals the Trial Court's valuation and division of marital property. Husband also contends that the Trial Court should have awarded rehabilitative alimony rather than alimony in futuro, and that the amount of periodic alimony awarded is excessive. He also complains about the award of Wife's attorney's fees. For the reasons herein stated, we affirm the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/HancockA.wpd
STATE OF TENNESSEE, EX REL., MICKEY PHILLIPS VS. GWEN KNOX Court:TCA Attorneys: For Appellant For Appellee DR. MICHAEL A. S. GUTH PAUL G. SUMMERS Oak Ridge, Tennessee Attorney General and Reporter Nashville, Tennessee DOUGLAS EARL DIMOND Assistant Attorney General Nashville, Tennessee Judge: SUSANO First Paragraph: This appeal arises out of an order of the Anderson County Juvenile Court finding the defendant Gwen Knox in contempt for failing to pay child support. Within 30 days of the entry of the order, Knox filed a petition that she entitled "Respondent's Second Petition to Vacate and Modify the Court's Orders." The trial court dismissed the petition because it found that there was no authority allowing a "[s]econd petition" to be filed. http://www.tba.org/tba_files/TCA/Knox.wpd
CHARLENE COLVIN LADD VS. DOUGLAS EVAN COLVIN Court:TCA Attorneys: ARTHUR BASS OF CLEVELAND FOR APPELLANT J. ARNOLD FITZGERALD OF DAYTON FOR APPELLEE Judge: GODDARD First Paragraph: This appeal involves the parties' dispute over custody of their minor child, Mykayla Colvin. The Circuit Court denied Douglas Colvin's petition to modify custody and granted custody to the mother, Charlene Colvin Ladd. Mr. Colvin argues that the Court should have granted his petition for change of custody because material changes have occurred since the original custody order. http://www.tba.org/tba_files/TCA/laddcha.wpd
TED LANKFORD, et ux VS. GILBERT L. YOUNG Court:TCA Attorneys: GEORGE H. BUXTON, III and HAROLD P. COUSINS, JR., BUXTON LAW OFFICE, Oak Ridge, for Plaintiffs-Appellants. JOE R. JUDKINS, Wartburg, for Defendant-Appellee Judge: FRANKS First Paragraph: Plaintiffs' action sought to bar defendant from using a road across plaintiff's property, but upon trial, the Trial Judge dismissed the action and plaintiffs' have appealed. http://www.tba.org/tba_files/TCA/lankford.wpd
MITCHELL SEAN PEAK and MELISSA PEAK VS. TED RUSSELL ENTERPRISES, INC., (A/K/A TED RUSSELL FORD, INC., D/B/A WALKER SPRINGS MOTORS, TED RUSSELL MANAGEMENT, INC., BENNIE SATTERFIELD, and CAROL HEATLEY Court:TCA Attorneys: GEORGE H. BUXTON, III and HAROLD P. COUSINS, JR., BUXTON LAW OFFICE, Oak Ridge, for Plaintiffs-Appellants. JOE R. JUDKINS, Wartburg, for Defendant-Appellee Judge: FRANKS First Paragraph: This appeal arises from a summary judgment granted to defendants in an action by plaintiffs based on an agreement to purchase a 1993 Nissan pickup truck from Walker Springs Motors in Knoxville. http://www.tba.org/tba_files/TCA/peakm.wpd
IN RE: ESTATE OF BLANCHE MARIE (BUCKNER) PEERY CHARLES PERKINS VS. GLADYS HOWARD SWAFFORD, ET AL Court:TCA Attorneys: For the Appellant: For the Appellees: John A. Anderson David T. Black 388 High Street Melanie E. Davis Maryville, TN 37804 Kizer & Black 329 Cates Street Maryville, TN 37801 Judge: SWINEY First Paragraph: Appellant Charles Perkins, Proponent of a holographic will alleged to have been written by the decedent, Blanche Marie (Buckner) Peery, appeals the Trial Court's denial of his Motion for New Trial after a jury found the proffered will to be a forgery. http://www.tba.org/tba_files/TCA/PeeryB.wpd
POLK COUNTY, TENNESSEE VS. GLENDA B. ROGERS, d/b/a OCOEE RIVER RATS Court:TCA Attorneys: For the Appellant: For the Appellee: Joe G. Bagwell Denny E. Mobbs 8880 Cedar Springs Lane, Suite 105 P. O. Box 192 Knoxville, TN 37923 Cleveland, TN 37364-0192 Judge: SWINEY First Paragraph: Chapter Two of the Private Acts of 1981 authorizes Appellee Polk County to impose a privilege tax upon commercial Ocoee River whitewater rafting trips. Appellant Glenda Rogers, who owns Ocoee River Rats, an Ocoee whitewater rafting outfitter, did not pay the privilege tax on commercial rafting trips for the years 1988 through 1991. Polk County brought suit against her and the owner of another whitewater rafting company for collection of the taxes. http://www.tba.org/tba_files/TCA/PolkCo.wpd
HENRY SCHEIN, INC. VS. EDMOND WATTS, DVM Court:TCA Attorneys: DAVID A. LUFKIN, Lufkin Henley & Conner, PLLC, Knoxville, for Appellant EDMOND WATTS, Pro Se Judge: GODDARD First Paragraph: This appeal involves the issue of jurisdiction. Henry Schein, Inc., the Plaintiff/Appellant, was awarded a judgment against Dr. Edmond Watts, the Defendant/Appellee, in the General Sessions Court of Washington County. http://www.tba.org/tba_files/TCA/scheinhen.wpd
MARJORIE ELNORA SPANGLER and husband THOMAS SPANGLER VS. EAST TENNESSEE BAPTIST HOSPITAL, a/k/a BAPTIST HEALTH SYSTEM, J. MICHAEL MCCOY, D.D.S. P.C., d/b/a UNIVERSITY ORAL SURGEONS, JAMES E. GLEAVES, JR., M.D., and T. PRESTON SHEPHERD, d/b/a KNOXVILLE UROLOGY CLINIC, P.C. Court:TCA Attorneys: J. MIKEL DIXON, Knoxville, for Plaintiffs-Appellants. R. FRANKLIN NORTON, GARY G. SPANGLER and CATHERINE B. COFFEY, NORTON & LUHN, P.C., Knoxville, for Defendant-Appellee Baptist Hospital of East Tennessee, Inc. DARRELL E. BAKER, JR. and DEBORAH WHITT BAKER, BAKER & WHITT, PLLC, Memphis, for Defendant-Appellee J. Michael McCoy, D.D.S. J. DOUGLAS OVERBEY and CYNTHIA K. MANCEBO, ROBERTSON, INGRAM & OVERBEY, Knoxville, for Defendant-Appellee James E. Gleaves,Jr., M.D. EDWARD G. WHITE and B. CHASE KIBLER, HODGES DOUGHTY & CARSON, Knoxville, for Defendant-Appellee, T. Preston Shepherd. Judge: FRANKS First Paragraph: In this action for medical malpractice, the Trial Judge granted all defendants summary judgments, after ruling that plaintiffs' expert was not qualified to testify as a medical expert witness in this case. http://www.tba.org/tba_files/TCA/spanglerm.wpd
DOROTHY THARP VS. LENITA KAY THARP Court:TCA Attorneys: Judge: FRANKS First Paragraph: In this action the Trial Court entered judgment against the defendant for $175,265.82 and placed a lien on property held by defendant. Defendant has appealed. http://www.tba.org/tba_files/TCA/tharpd.wpd
RALPH E. WILLIAMS VS. TENNESSEE DEPARTMENT OF EMPLOYMENT SECURITY, COMMISSIONER MARGARET CULPEPPER, AND CHATTANOOGA AREA REGIONAL TRANSPORTATION AUTHORITY ("CARTA") Court:TCA Attorneys: For Appellant For Appellees RALPH E. WILLIAMS PAUL G. SUMMERS Pro Se Attorney General and Reporter Chattanooga, Tennessee Nashville, Tennessee DOUGLAS EARL DIAMOND Assistant Attorney General Civil Rights Division Nashville, Tennessee Judge: SUSANO First Paragraph: This is an unemployment compensation case. The Tennessee Department of Employment Security ("the Department") denied the claim of Ralph E. Williams for unemployment benefits, finding that Williams had been guilty of work-related misconduct. After exhausting his administrative remedies to no avail, Williams filed a petition for certiorari in the trial court, which court affirmed the Department's denial of benefits. http://www.tba.org/tba_files/TCA/Williamsre.wpd
STATE OF TENNESSEE VS. GILL AUSTIN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL R. JONES CHARLES W. BURSON Public Defender Attorney General and Reporter 113 Sixth Avenue, West Springfield, TN 37172 CLINTON J. MORGAN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 JOHN CARNEY District Attorney General DENT MORRISS Assistant District Attorney General 500 S. Main Street Springfield, TN 37172 Judge: WELLES First Paragraph: This is an appeal pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant appeals from an order of the trial court which denied the Defendant's "motion to correct an illegal sentence," and also denied the Defendant's "motion for street time." We find no error and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/AUSTIN.wpd
TERRY LAMAR BYRD VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ARDENA GARTH PAUL G. SUMMERS District Public Defender Attorney General and Reporter WILLIAM DOBSON ELLEN H. POLLACK Assistant Public Defender Assistant Attorney General 701 Cherry Street 425 Fifth Avenue North Chattanooga, TN 37402 Nashville, TN 37243 BILL COX District Attorney General BATES W. BRYAN Assistant District Attorney General City and County Courts Building Chattanooga, TN 37402 Judge: WELLES First Paragraph: The Petitioner, Terry Lamar Byrd, appeals as of right the dismissal of his post-conviction petition after an evidentiary hearing to determine whether the petition was time-barred. He raises only one issue on appeal: whether the application of the statute of limitations to bar the instant petition violates the Petitioner's due process guarantees because the Petitioner was mentally incompetent. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/byrdtl.wpd
THOMAS FREEMAN VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: N. ANDY MYRICK, JR. PAUL G. SUMMERS 116 West Market Street Attorney General & Reporter Fayetteville, TN 37334 TODD R. KELLEY Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 MIKE MCCOWEN District Attorney General WEAKLEY E. BARNARD Assistant District Attorney 407 M C Courthouse Lewisburg, TN 37091-3373 Judge: SMITH First Paragraph: On December 3, 1997, pursuant to a plea agreement, Thomas Freeman, the defendant and appellant, pled guilty in the Marshall County Circuit Court to five (5) Class C felonies involving the sale, delivery and possession of schedule II drugs for which he received an effective twelve (12) year sentence. http://www.tba.org/tba_files/TCCA/freemanthom.wpd
STATE OF TENNESSEE VS. DEBORAH LEIGH GOINS Court:TCCA Attorneys: For Appellant: For Appellee: Lee Offman Paul G. Summers 317 Main Street, Suite 208 Attorney General and Reporter Franklin, TN 37064 425 Fifth Avenue North Nashville, TN 37243-0493 Marvin E. Clements, Jr. Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 T.J. Haycox Ed Ryan Assistant District Attorneys General Washington Square, Suite 500 222 2nd Avenue North Nashville, TN 37201-1649 Judge: OGLE First Paragraph: The appellant, Deborah Leigh Goins, appeals her conviction by a jury in the Davidson County Probate Court of leaving the scene of an accident without complying with the requirements of Tenn. Code Ann. S 55-10-103(a) (1998) when she knew or should have known that the accident resulted in a death. The trial court imposed a sentence of two years incarceration in the Davidson County Workhouse but suspended the sentence and imposed an equal period of probation. http://www.tba.org/tba_files/TCCA/goinsdl.wpd
STATE OF TENNESSEE VS. BROWNIE HANKINS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN H. HENDERSON PAUL G. SUMMERS District Public Defender Attorney General & Reporter 407 C Main St. P.O. Box 68 MARVIN E. CLEMENTS, JR. Franklin, TN 37065-0068 Asst. Attorney General 425 Fifth Ave., N. Nashville, TN 37243-0493 RON DAVIS District Attorney General JEFFREY L. LONG Asst. District Attorney General 481 E. Main St. Hohenwald, TN 38462 Judge: PEAY First Paragraph: Defendant was indicted for aggravated child abuse and pled guilty to aggravated assault. After a hearing, the trial court sentenced defendant as a Range I standard offender to five years, suspended upon service of one hundred forty days, followed by six years probation. In this appeal as of right, defendant contends that his sentence is too long and that it should be fully suspended. Upon our review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/HANKINSB.wpd
STATE OF TENNESSEE VS. ANTONIO DEMONTE LYONS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHARLES GALBREATH PAUL G. SUMMERS Attorney at Law Attorney General & Reporter 211 Union St., Ste. 901 Nashville, TN 37201 ELIZABETH T. RYAN Asst. Attorney General 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General DAN HAMM DIANE LANCE Asst. District Attorneys General 1002 E. Main St. Decherd, TN 37324 Judge: WITT First Paragraph: Antonio Demonte Lyons comes before the court in his second appeal related to the homicide of thirteen-month-old Alexandria Gleaves. Lyons first came before this court in 1997, at which time he challenged the constitutional validity of his guilty plea to the offense of second degree murder for the death of Gleaves. This court remanded the case to the trial court with instructions to make findings of fact regarding the voluntariness of Lyons' guilty plea. In 1998, the trial court set aside Lyons' second degree murder conviction, and the case proceeded to jury trial upon the indictment of felony murder committed during the perpetration of aggravated child abuse. http://www.tba.org/tba_files/TCCA/lyonsad.wpd
STATE OF TENNESSEE VS. JOSEPH JOHN HENRY MORRELL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREGORY D. SMITH PAUL G. SUMMERS One Public Sq., Ste. 321 Attorney General and Reporter Clarksville, TN 37040 ELIZABETH B. MARNEY Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 GREELEY WELLS District Attorney General ROBERT H. MONTGOMERY Assistant District Attorney P. O. Box 526 Blountville, TN 37617 Judge: SMITH First Paragraph: On July 29, 1998, Joseph John Henry Morrell, the defendant and appellant, was convicted by a Sullivan County Jury of possession of a weapon in a penal institution, and sentenced as a Range II offender to serve nine (9) years in the Tennessee Department of Corrections. He raises the following issues on appeal. http://www.tba.org/tba_files/TCCA/MORRELLJOSEPH.wpd
STATE OF TENNESSEE VS. DAVID R. MUNDY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARIO RAMOS PAUL G. SUMMERS 1808 West End Ave. Attorney General & Reporter Suite 1101 Nashville, TN 37203 KIM R. HELPER Asst. Attorney General 425 Fifth Ave., N. Nashville, TN 37243-0493 VICTOR S. JOHNSON III District Attorney General BRET T. GUNN Asst. District Attorney General Washington Square, Suite 500 222 Second Ave., N. Judge: PEAY First Paragraph: Defendant was indicted for three counts of assault, two counts of vandalism, and one count of theft of property. A jury convicted him of one count of assault, and two counts of Class E felony vandalism. After a hearing, the trial court sentenced defendant to eleven months, twenty-nine days on the assault conviction, to be served in the county jail at one hundred percent. He was sentenced as a Range I standard offender to two years in the county jail on each of the vandalism convictions, concurrent with each other and with the assault sentence. http://www.tba.org/tba_files/TCCA/MUNDYDR.wpd
CHARLES ROBERT SNEED VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ARDENA J. GARTH PAUL G. SUMMERS District Public Defender Attorney General and Reporter DONNA ROBINSON MILLER J. ROSS DYER HIRAM HILL Assistant Attorney General Assistant District Public Defenders 425 Fifth Avenue North 701 Cherry Street Nashville, TN 37243 Chattanooga, TN 37402 BILL COX District Attorney General PARK MASTERSON Assistant District Attorney General 313 Courts Building 600 Market Street Chattanooga, TN 37402 Judge: WELLES First Paragraph: On April 16, 1997, the Hamilton County Grand Jury indicted the Defendant, Charles Robert Sneed, for driving under the influence. The indictment was later amended to add as a second count an allegation that the Defendant had four previous convictions for DUI. On May 28, 1998, a Hamilton County jury found him guilty of driving under the influence as a third or subsequent offender. The trial court sentenced the Defendant to eleven months, twenty-nine days incarceration at 100%, revoked his license for five years, and fined him $10,000 plus costs. Pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure, the Defendant now appeals his conviction and sentence. http://www.tba.org/tba_files/TCCA/sneedcr.wpd

PLEASE FORWARD THIS E-MAIL!
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 2000 Tennessee Bar Association