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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