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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