February 29, 2000
Volume 6 -- Number 031

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):
 
03 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
04 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

						
						
PAMELA F. JONES
VS.
MIDDLE TENNESSEE PUBLISHING COMPANY AND CNA INSURANCE COMAPNIES

JUDGMENT

Court:TSC

Judge: PER CURIAM

First Paragraph:

This case is before the Court upon motion for review pursuant to Tenn.
Code Ann. S 50-6-225(e)(5)(B), the entire record, including the order
of referral to the Special Workers' Compensation Appeals Panel, and
the Panel's Memorandum Opinion setting forth its findings of fact and
conclusions of law, which are incorporated herein by reference;

Whereupon, it appears to the Court that the motion for review is not
well taken and should be denied; and ...

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



FLORA RICHARDSON VS. SATURN CORPORATION JUDGMENT Court:TSC Judge: PER CURIAM First Paragraph: This case is before the Court upon motion for review pursuant to Tenn. Code Ann. S 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference; Whereupon, it appears to the Court that the motion for review is not well taken and should be denied; and ... http://www.tba.org/tba_files/TSC/richardsonflora.wpd
LAWRENCE E. TAYLOR VS. PYA/MONARCH, INC. d/b/a SPECIALTY DISTRIBUTION, INC. JUDGMENT ORDER Court:TSC Judge: PER CURIAM First Paragraph: This case is before the Court upon motion for review pursuant to Tenn. Code Ann. S 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference; Whereupon, it appears to the Court that the motion for review is untimely and should be dismissed. http://www.tba.org/tba_files/TSC/taylor.wpd
IN RE: AMENDMENT TO RULE 17, RULES OF THE SUPREME COURT OF TENNESSEE Court:TSC - Rules Judge: Anderson First Paragraph: Rule 17, Rules of the Supreme Court, is hereby amended by deleting the current Uniform Judgment Document and by substituting in its place the attached Uniform Judgment Document. IT IS SO ORDERED. http://www.tba.org/tba_files/TSC_Rules/rule17am_ord.wpd
IN RE: AMENDMENT TO RULE 57(a), TENNESSEE RULES OF CRIMINAL PROCEDURE Court:TSC - Rules Judge: Anderson First Paragraph: The order of this Court entered February 17, 2000, amending Rule 57(a) of the Tennessee Rules of Criminal Procedure, is hereby withdrawn. IT IS SO ORDERED. http://www.tba.org/tba_files/TSC_Rules/rule57a_ord.wpd
IN THE MATTER OF: ESTATE OF MARY TIMMONS AUSTIN THOMAS A. SCOTT, JR., Administrator C.T.A. ROBERT C. AUSTIN, JR. VS. ELIZABETH T. AUSTIN Court:TCA Attorneys: JOHN P. KONVALINKA AND DAVID M. ELLIOTT OF CHATTANOOGA FOR APPELLANT CRAIG V. GABBERT, JR., L. GLENN WORLEY AND M. KIMBERLY STAGG OF NASHVILLE FOR APPELLEE Judge: GODDARD First Paragraph: This is an appeal from the Chancery Court's judgment awarding attorneys' fees from the assets of the Estate of Mary Timmons Austin. Robert Austin, Jr., Appellant, raises the following issue: Did the trial court err in whole or in part by awarding attorneys' fees from the Mary T. Austin Estate to Harwell Howard Hyne Gabbert & Manner, P.C., attorneys for beneficiary Elizabeth T. Austin? The facts of this case span a period of ten years. Mary Timmons Austin died on August 17, 1989, leaving a husband and three children. http://www.tba.org/tba_files/TCA/austinmar.wpd
PAM DAWN HASKETT VS. MARK ALAN HASKETT Court:TCA Attorneys: CYNTHIA FIELDS DAVIS OF CROSSVILLE FOR APPELLANT JOHN B. NISBET, III OF CROSSVILLE FOR APPELLEE Judge: GODDARD First Paragraph: This is an appeal from an order of protection entered by the Cumberland County General Sessions Court. Mark Haskett, Defendant-Appellant, asserts that the Cumberland County General Sessions Court was not the proper venue for an order of protection. http://www.tba.org/tba_files/TCA/haskettpam.wpd
BELINDA HODGE VS. NORMAN VINCENT HODGE Court:TCA Attorneys: For Appellant For Appellee CECILIA S. PETERSEN ROBERT R. SIMPSON Knoxville, Tennessee Eshbaugh, Simpson and Varner Knoxville, Tennessee Judge: SUSANO First Paragraph: This is a divorce case. Belinda Hodge ("Wife") filed a complaint for divorce to which her husband, Norman Vincent Hodge ("Husband"), responded with a motion to dismiss "for failure to state a cause of action upon which relief can be granted and otherwise failing to invoke the jurisdiction of the Court." In the course of a hearing on Husband's motion, it became apparent that the basis of the motion was the fact that Wife had not set forth her maiden name in the complaint, as required by T.C.A. S 36-4-106(b)(1). Wife made an oral motion to amend her complaint in order to set forth her maiden name. The trial court denied Wife's motion and dismissed the complaint. http://www.tba.org/tba_files/TCA/Hodgeb.wpd
EDITH FRANCES ROGERS VS. THE ESTATE OF ODIS GLENN ROGERS, ET AL. Court:TCA Attorneys: L. LEE KULL, Bird, Navratil & Kull, P.L.L.C., Maryville, for Appellant JERROLD L. BECKER, Becker, Thomforde, Brown, Knight & Hester, P.C., for Appellee Judge: GODDARD First Paragraph: This appeal from the Circuit Court of Blount County involves a determination of whether a husband fraudulently conveyed the bulk of his estate to his children from a previous marriage in order to defeat his wife's elective share of his estate. Edith Frances Rogers, the Plaintiff/Appellant, appeals the Trial Court's judgment in favor of the Defendants/Appellees: the estate of Odis Glenn Rogers; Ted Rogers, as executor of his father's estate; and Nancy Rogers Mayes, daughter of Odis Glenn Rogers, individually. http://www.tba.org/tba_files/TCA/rogersedi.wpd
STATE OF TENNESSEE VS. KAREN R. HOWELL, NATASHA W. CORNETT, JASON B. BRYANT, EDWARD D. MULLINS, JOSEPH L. RISNER, and CRYSTAL R. STURGILL Court:TCCA Attorneys: For Appellants: For Appellee: Appellant Howell: Paul G. Summers David L. Leonard Attorney General and Reporter Leonard & Kershaw 128 South Main Street, Suite 102 Kathy Morante Greeneville, TN 37743 Deputy Attorney General Criminal Justice Division Appellant Cornett: 425 Fifth Avenue North Stacy L. Street Nashville, TN 37243-0493 Hampton & Street 630 Elk Avenue C. Berkeley Bell Elizabethton, TN 37643 District Attorney General Third Judicial District Appellant Bryant: 109 South Main Street, Suite 501 Robert J. Jessee Greeneville, TN 37743 412 East Unaka Avenue P.O. Box 997 Cecil C. Mills, Jr. Johnson City, TN 37605 Assistant District Attorney General Third Judicial District Appellant Mullins: 109 South Main Street, Suite 501 Stephen W. Owens Greeneville, TN 37743 P.O. Box 1426 314 Second Street Eric D. Christiansen Pikeville, KY 41502 Assistant District Attorney General Third Judicial District Gerald Eidson 109 South Main Street, Suite 501 4325 Hwy. 66 South, Suite 101 Greeneville, TN 37743 Rogersville, TN 37857 Appellant Risner: Mark D. Slagle 302 Sunset Drive, Suite 111 Johnson City, TN 37604 T. Wood Smith 416 West Main Street Greeneville, TN 37743 Appellant Sturgill: Greg W. Eichelman Michael A. Walcher Office of the Public Defender Third Judicial District 1609 College Park Drive, Box 11 Morristown, TN 37813-1618 Judge: WADE First Paragraph: The defendants, Karen Howell, Natasha Cornett, Crystal Sturgill, Joseph Risner, Jason Bryant, and Dean Mullins, entered pleas of guilt to the attempted murder of Peter Lillelid and the first degree murders of Vidar, Delfina, and Tabitha Lillelid. In exchange for the pleas of guilt, the state agreed to withdraw its requests for imposition of the death penalty. Each defendant waived the right to trial by jury and the trial court conducted a consolidated sentencing hearing. At the conclusion of the proceeding, the trial court sentenced each defendant to life in prison without the possibility of parole for each of the three first degree murder convictions and twenty-five years for the attempted murder conviction. The trial court ordered each sentence to be served consecutively. http://www.tba.org/tba_files/TCCA/howelletal.wpd
STATE OF TENNESSEE VS. EVAY MARKEL KELLEY Court:TCCA Attorneys: For the Appellant: For the Appellee: Martin J. Levitt Paul G. Summers and Attorney General of Tennessee Lloyd A. Levitt and 312 Vine Street Clinton J. Morgan Chattanooga, TN 37403 Counsel for the State (AT TRIAL) 425 Fifth Avenue North Nashville, TN 37243 Ardena J. Garth District Public Defender William H. Cox, III and District Attorney General Donna Robins Miller and Assistant Public Defender Yolanda D. Mitchell 701 Cherry Street, Suite 300 Assistant District Attorney Chattanooga, TN 37402 600 Market Square, Suite 310 (ON APPEAL) Chattanooga, TN 37402 Judge: TIPTON First Paragraph: The defendant, Evay Markel Kelley, appeals as of right from his conviction by a jury in the Hamilton County Criminal Court for second degree murder, a Class A felony. The trial court sentenced the defendant to twenty-five years in the Department of Correction without parole pursuant to Tenn. Code Ann. S 40-35-501(i). The defendant contends that the evidence is insufficient to support his conviction and that his sentence is excessive. We affirm the judgment of conviction. http://www.tba.org/tba_files/TCCA/kelleyem.wpd
DEON PATTON VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: W. Douglas Collins Paul G. Summers Post Office Box 1754 Attorney General of Tennessee Morristown, Tn 37816 and Elizabeth B. Marney Asst Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243 C. Berkeley Bell, Jr. District Attorney General 109 S. Main Street, Suite 501 Greeneville, TN 37743 and John F. Dugger, Jr. Assistant District Attorney General 419 Allison Street Morristown, TN 37814 Judge: TIPTON First Paragraph: The petitioner, Deon Patton, appeals as of right from the Hamblen County Criminal Court's denial of post-conviction relief. Pursuant to guilty pleas, he was convicted in 1998 of possession with intent to sell more than one-half gram of cocaine, delivery of less than one-half gram of cocaine, and escape while being held on a felony. He received an effective sentence of ten and one-half years imprisonment. The petitioner contends that he received the ineffective assistance of counsel and that as a result, his guilty pleas to the drug charges were not knowing and voluntary. We affirm the trial court's denial of post-conviction relief. http://www.tba.org/tba_files/TCCA/Pattond.wpd

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