May 4, 2000
Volume 6 -- Number 066

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
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
04 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

SHIRLEY CLARK
VS.
HUMBOLDT HEALTHCARE, INC., d/b/a PARKVIEW NURSING AND REHABILITATION
CENTER

Court:TSC - Workers Comp Panel

Attorneys:    

For the Appellee:                For the Appellant:

Mitchell G. Tollison             Carol Mills-Hayden
HAWKS & TOLLISON                 McDONALD KUHN
P.O. Box 630                     P.O. Box 3160
Humboldt, TN 38343               Memphis, TN 38173-0160                      

Judge:  STAFFORD

First Paragraph:

This worker's compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.

http://www.tba.org/tba_files/TSC_WCP/clark.wpd





TOWN OF HUNTSVILLE, TENNESSEE a Municipal Corporation of the State of
Tennessee and STANLODGE, LLC
VS.
WILLIAM I. DUNCAN, RICHARD SMITH, LUKE COFFEY, JAMES R. POTTER, all in
their official capacity as members of the Scott County Election
Commission WILMA JEFFERS, HOWARD JEFFERS, FRED K. PHILLIPS, ALMA KOGER
and GERALD FOSTER, all individually; THE TOWN OF HELENWOOD; and PAUL
G. SUMMERS in his official capacity as Attorney General of the State
of Tennessee, pursuant to Tennessee Code Annotated S 29-14-107

Court:TCA

Attorneys:  

For Appellants              For Appellees Wilma Jeffers,
                            et al., Individually, and
ANDREW R. TILLMAN           Town of Helenwood
Paine, Tarwater, Bickers
 & Tillman                  DAVID E. RODGERS
Knoxville, Tennessee        Kramer, Rayson, Leake, Rodgers & Morgan
                            Oak Ridge, Tennessee

                            For Appellees Scott County
                            Election Commission and
                            Attorney General & Reporter

                            PAUL G. SUMMERS
                            Attorney General and Reporter
                            Nashville, Tennessee

                            MICHAEL E. MOORE
                            Solicitor General
                            Nashville, Tennessee

                            STEVEN A. HART
                            Special Counsel
                            Nashville, Tennessee

                            ANN LOUISE VIX
                            Senior Counsel
                            Nashville, Tennessee                        

Judge:  SUSANO

First Paragraph:

This litigation originated when the Town of Huntsville ("Huntsville")
and Stanlodge, LLC ("Stanlodge"), filed suit challenging the
constitutionality of Chapter 1101 of the Public Acts of 1998.  The
plaintiffs specifically contest Section 9(f)(3) of Chapter 1101, which
permits certain territories to hold incorporation elections even
though these territories do not satisfy the minimum requirements for
such elections as set forth in the general law.  See T.C.A. S 6-1-201
(1998).  On cross motions for summary judgment, the trial court
granted summary judgment to the defendants, finding that Section
9(f)(3) is constitutional.

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





VENESSA LYNN TOTTY
VS.
MICHAEL ALAN TOTTY

WITH CONCURRING OPINION

Court:TCA

Attorneys:   

Vickie Hardy Jones, Memphis, for Appellant, Michael Alan Totty

Carol Smith Katz, KATZ MALLORY & MILLER, Memphis, for Appellee,
Venessa Lynn Totty

Judge:  HIGHERS

First Paragraph:

This appeal involves a dispute regarding a final decree of divorce
entered in the Shelby County Circuit Court.  The Husband appeals the
trial court's order claiming error in several aspects of the decision,
including the determination as to his alimony obligation.

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

CONCURRING OPINION

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





FRANCES BLAYLOCK 
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:   

Julie A. Rice, Knoxville, Tennessee, for the appellant, Frances
Blaylock.

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; Jerry N. Estes, District Attorney General;
William W. Reedy, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge:  OGLE

First Paragraph:

In this appeal, the  petitioner, Frances Blaylock, challenges the
dismissal of her petition for post- conviction relief by the McMinn
County Criminal Court.  Specifically, the petitioner challenges the
post-conviction court's conclusion that her trial counsel rendered
effective assistance in presenting her defense to charges of
conspiracy to commit first degree murder and first degree murder.  The
petitioner was convicted of both offenses and sentenced to life
imprisonment.  On direct appeal, this court affirmed the petitioner's
convictions and sentences.  State v. Blaylock, No. 152, 1988 WL 99958
(Tenn. Crim. App. at Knoxville, September 30, 1988), perm. to appeal
denied, (Tenn. 1988).  Following a review of the record and the
parties' briefs, we affirm the judgment of the post- conviction court.

http://www.tba.org/tba_files/TCCA/blaylockf.wpd




STATE OF TENNESSEE 
VS.
JAMES CHAPMAN

Court:TCCA

Attorneys:     

Hank Hill, Chattanooga, Tennessee, for the appellant, James Chapman.

Paul G. Summers, Attorney General and Reporter, Mark E. Davidson,
Assistant Attorney General, William H. Cox, III, District Attorney
General, Dean C. Ferraro, Assistant District Attorney General, and C.
Leland Davis, Assistant District Attorney General, for the appellee,
State of Tennessee.

Judge:  WOODALL

First Paragraph:

Defendant and the State entered into a memorandum of understanding
that purported to place Defendant on pretrial diversion.  The  trial
court subsequently ordered Defendant to pay restitution as a condition
of pretrial diversion.  Defendant contends that the trial court erred
when it ordered him to pay restitution.  The appeal is dismissed.

http://www.tba.org/tba_files/TCCA/chapmanj.wpd





STATE OF TENNESSEE 
VS.
LUTHER RAY DOTSON, JR.

WITH CONCURRING OPINION

Court:TCCA

Attorneys:     

R. Jeffery Harmon, Jasper, Tennessee, for the appellant, Luther Ray
Dotson, Jr.

Paul G. Summers, Attorney General of Tennessee; Patricia C. Kusmann,
Assistant Attorney General; and James Michael Taylor, District
Attorney General, for the appellee, State of Tennessee.

Judge:  TIPTON

First Paragraph:

The defendant, Luther Ray Dotson, appeals from his conviction by a
jury for first degree murder.  He contends that the evidence is
insufficient, that the trial court erred by refusing to grant an ex
parte hearing on his motion for an expert, that the trial court erred
by limiting the testimony of his expert on suicide, and that the trial
court's jury instruction on circumstantial evidence was improper.  We
hold that the evidence is sufficient; that although the trial court
erred by not granting the defendant an ex parte hearing and by
limiting his expert's testimony, the errors were harmless; and that
the trial court's jury instruction was proper.  We affirm the judgment
of conviction.

http://www.tba.org/tba_files/TCCA/Dotsonlr.wpd

CONCURRING OPINION

http://www.tba.org/tba_files/TCCA/Dotsonlr_con.wpd




STATE OF TENNESSEE 
VS. 
MICHAEL ANDERSON PEEK, alias BIG COUNTRY, alias
MICHAEL PEAK, alias MICHAEL ANDERSON PEAK

Court:TCCA

Attorneys:  

John Allen Brooks, Chattanooga, Tennessee, for the appellant, Michael
Anderson Peek.

Paul G. Summers, Attorney General and Reporter, Elizabeth B. Marney,
Assistant Attorney General, William H. Cox, III, District Attorney
General, Charles Leland Davis, Assistant District Attorney General,
and Caldwell H. Huckaby, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge:  GLENN

First Paragraph:

The defendant was convicted of fourteen felonies, consisting of
various rape, robbery, and burglary charges arising from complaints of
five victims.  He received an effective sentence of ninety-nine years.
 Appealing these convictions, he alleged, inter alia, that the trial
court should have severed the offenses, rather than allowing all five
to be tried in a single trial; that blood, saliva, and hair samples
should have been suppressed; that he should not have been shackled
during the trial, and that his sentence was improper.  Of these
assignments, we find error in the trial court's allowing the
complaints of all five victims to be tried in a single trial, and in
the court's not following the required procedures before shackling the
defendant during the trial.  The errors were harmless and,
accordingly, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/peekma.wpd

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