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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):
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| 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)
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| 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
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
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