March 24, 2000
Volume 6 -- Number 046

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
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
05 New Opinion(s) from the Tennessee Court of Appeals
07 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

						
GERALDINE M. BROWN
VS.
HERMAN H. BROWN

Court:TCA

Attorneys: 

JERRE M. HOOD
124 1st Avenue Northwest
Winchester, Tennessee 37398
    ATTORNEY FOR PLAINTIFF/APPELLEE


MARK STEWART
300 South College Street
Winchester, Tennessee 37398
    ATTORNEY FOR DEFENDANT/APPELLANT                         

Judge: CAIN

First Paragraph:

At issue in this case is a husband's obligation to continue to pay
alimony in the face of his former wife's second marriage and of the
subsequent annulment of that marriage.  Because the husband failed to
seek termination of his alimony obligation on this ground in any of
the previous multiple legal proceedings between the parties, we find
that this current challenge is prohibited by the doctrine of res
judicata.  We therefore affirm the trial court in its conclusion to
deny the husband relief from his obligation to pay alimony to the
wife.

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


B. B. JONES VS. NANCY McMILLAN EWELL and SAMUEL K. JOHNSON Court:TCA Attorneys: For Appellant: For Appellees: JOHN L. STEPHENS and CLINTON H. SWAFFORD JAMES S. STEPHENS SWAFFORD, PETERS, PRIEST Sewanee, TN 37375 & COLVIN, Winchester, TN 37398 and MICHAEL W. EWELL FRANTZ, McCONNELL & SEYMOUR Knoxville, TN 37901 Judge: FRANKS First Paragraph: In this action for a statutory easement pursuant to T.C.A. S54-14-101 and 102, the Trial Court granted defendants summary judgment, and plaintiff has appealed. http://www.tba.org/tba_files/TCA/jonesb.wpd
ROGER DALE MARTIN, and wife, VICKIE CHRISTINA DOWDEN MARTIN VS. CAROL ANNETTE BILLY MARTIN Court:TCA Attorneys: For Petitioners/Appellants: For Respondent/Appellee: PAUL A. RUTHERFORD, pro se. RUTHERFORD, DEMARCO, WHITE & KURTZ, Nashville, Tennessee. Judge: FRANKS First Paragraph: The Trial Judge dismissed appellants' Petition for Termination and Adoption against Carol Annette Billy Martin ("Respondent"). The petitioners are the father and stepmother of the three minor children, and respondent is the biological mother of these children. http://www.tba.org/tba_files/TCA/martinr.wpd
RALPH W. SIMONTON, JR. VS. TOM HUFF Court:TCA Attorneys: John R. Bradley, Portland, Tennessee Attorney for Plaintiff/Counter-Defendant/Appellant Walter H. Stubbs, Gallatin, Tennessee Attorney for Defendant/Counter-Plaintiff/Appellee Judge: FARMER First Paragraph: In this action for breach of contract, Plaintiff Ralph W. Simonton, Jr. appeals from an order of the trial court awarding Defendant Tom Huff a total of $3,000.00 in damages and $1,000.00 in attorney's fees. http://www.tba.org/tba_files/TCA/simontonrw.wpd
DUSTIN ROBERT SUNTHEIMER VS. MARIA ESTHER SUNTHEIMER Court:TCA Attorneys: DARRELL L. SCARLETT MURFREESBORO, TENNESSEE ATTORNEY FOR DEFENDANT/APPELLANT STEVEN A. STINSON MURFREESBORO, TENNESSEE ATTORNEY FOR PLAINTIFF/APPELLEE Judge:COTTRELL First Paragraph: This is an appeal from an award of custody upon the parents' divorce. The trial court awarded sole custody of the minor child to Dustin Robert Suntheimer ("Father") with limited visitation to Maria Esther Suntheimer ("Mother"). We affirm the award of custody to Father. http://www.tba.org/tba_files/TCA/Suntheimer.wpd
ANTHONY TYRONE ANDERSON VS. STATE OF TENNESSEE Court:TCCA Judge:HAYES First Paragraph: This matter is before the Court upon the state's motion to affirm the trial court judgment by order pursuant to Rule 20, Rules of the Court of Criminal Appeals. In 1989, the petitioner was convicted on three counts of burglary and three counts of larceny and received a forty-five year sentence. http://www.tba.org/tba_files/TCCA/ANDERSOnat.wpd
STATE OF TENNESSEE VS. LESTER COBLE Court:TCCA Judge: HAYES First Paragraph: This matter is before the Court upon the state's motion to affirm the trial court judgment by order pursuant to Rule 20, Rules of the Court of Criminal Appeals. The appellant is appealing the trial court's revocation of his probation. http://www.tba.org/tba_files/TCCA/COBLeL.wpd
STATE OF TENNESSEE VS. CHRISTOPHER MAX HALL Court:TCCA Attorneys: For the Appellant: For the Appellee: H. Marshall Judd Paul G. Summers Asst. Public Defender Attorney General and Reporter 215 Reagan Street Cookeville, TN 38501 David H. Findley Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North David Neal Brady 2d Floor, Cordell Hull Building District Public Defender Nashville, TN 37243-0493 William Edward Gibson District Attorney General Ben Fann Asst. District Attorney General 1516A E. Spring Street Cookeville, TN 38506 Judge: HAYES First Paragraph: The appellant, Christopher Max Hall, was convicted by a Putnam County jury of the offenses of aggravated assault and misdemeanor stalking. For aggravated assault, the trial court imposed a split confinement sentence of four years and six months with one year of confinement in the jail followed by intensive probation for the remainder of the sentence. http://www.tba.org/tba_files/TCCA/HallCM.wpd
STATE OF TENNESSEE VS. HARVEY PHILLIP HESTER WITH CONCURRING OPINION. Court:TCCA Attorneys: For Appellant: For Appellee: Leonard M. Caputo Paul G. Summers 312 Vine Street Attorney General and Reporter Chattanooga, TN 37403 (on appeal and at trial) Michael J. Fahey II Assistant Attorney General Leroy Phillips, Jr. 425 Fifth Avenue, North 312 Vine Street Second Floor, Cordell Hull Building Chattanooga, TN 37403 Nashville, TN 37243-0488 (at trial) Bates Bryan Assistant District Attorney General 600 Market Street Courts Building Chattanooga, TN 37402 Judge:WADE First Paragraph: The defendant, Harvey Phillip Hester, was convicted of two counts of second degree murder and one count of attempted second degree murder. The trial court imposed twenty-five-year terms for each murder conviction and a twelve-year term for the attempted second degree murder conviction. Because the three sentences are to be served consecutively, the effective sentence is sixty-two years. http://www.tba.org/tba_files/TCCA/hesterhp_opn.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCCA/hesterC_con.wpd
JAMES HIGGINS VS. STATE OF TENNESSEE ORDER Court:TCCA Judge: HAYES First Paragraph: This case came to be heard on the motion of the State of Tennessee for an affirmance of the judgment of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. On September 9, 1998, the Appellant pleaded guilty to aggravated robbery before the Madison County Circuit Court. http://www.tba.org/tba_files/TCCA/HIGGINSJ_ORD.wpd
STATE OF TENNESSEE VS. STEVEN BRYAN MAXWELL Court:TCCA Attorneys: For Appellant For Appellee Terry L. Jordan Paul G. Summers Assistant Public Defender Attorney General and Reporter Office of the Public Defender 425 Fifth Avenue North P.O. Box 839 Nashville, TN 37243-0493 Blountville, TN 37617 R. Stephen Jobe Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Joseph Eugene Perrin Assistant District Attorney General P.O. Box 526 Blountville, TN 37617 Judge: OGLE First Paragraph: The appellant, Steven Bryan Mitchell, appeals his conviction in the Sullivan County Criminal Court of possession of a controlled substance in a penal institution in violation of Tenn. Code Ann. S 39-16-201(a)(2) (1997). Following a sentencing hearing on June 17, 1999, the trial court sentenced the appellant as a Range II multiple offender to seven years incarceration in the Tennessee Department of Correction. http://www.tba.org/tba_files/TCCA/maxwellsb.wpd
JOHN HAROLD WILLIAMS, JR. VS. STATE OF TENNESSEE ORDER Court:TCCA Judge: HAYES First Paragraph: This matter is before the Court upon the state's motion to dismiss the above-captioned appeal. On November 25, 1998, the petitioner filed a motion in the trial court to reopen his prior petition for post-conviction relief. The trial court denied the motion and the petitioner is now attempting to appeal that denial. The state contends that the petitioner failed to comply with the requirements of T.C.A. S 40-30-217, and that this Court, therefore, is deprived of jurisdiction to entertain this appeal. http://www.tba.org/tba_files/TCCA/WILLIAMSJH.wpd

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