May 5, 2000
Volume 6 -- Number 067

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
04 New Opinion(s) from the Tennessee Court of Appeals
06 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

						

WASHSHUKRU AL-JABBAR A'LA,  v. CHRISTINE BRADLEY, et al.

Court:TCA

Attorneys: 

Washshukru Al-Jabbar A'La, Pro Se.

Paul G. Summers, Michael E. Moore and Rae Oliver, Nashville, for the
Attorney General.

Judge: SWINEY

First Paragraph:

Plaintiff, an inmate in Brushy Mountain State Penitentiary, appeals
the Trial Court's dismissal of his civil suit for damages allegedly
incurred as a result of the "capricious, arbitrary and unjust"
operation of the Inmate Grievance Procedure, for "malfeasance", and
for "civil rights intimidation."  The Trial Court found that (1) the
doctrine of res judicata prevents Plaintiff's suit on one of his
alleged claims because judgment has been entered in the United States
District Court for the Eastern District of Tennessee on that claim;
(2) all of Plaintiff's allegations are conclusory except for that one
claim already resolved, and, therefore, do not state a claim upon
which relief can be granted; (3) with respect to Plaintiff's
procedural due process claim, Plaintiff does not have a liberty
interest in the Tennessee Department of Correction grievance policy,
and, therefore, that allegation fails to state a claim upon which
relief can be granted.  Plaintiff's Statement of Issues in this appeal
alleges abuse of discretion by the Trial Court "by dismissing his
civil rights claims" and cites Tenn. Code Ann. SS  4-21-701, 4-21-702
and 4-21-801.  Construing Plaintiff's pro se appeal liberally, we deem
it as  challenging all three bases upon which the Trial Court
dismissed his Complaint.  For the reasons herein stated, we affirm the
Judgment of the Trial Court.

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



CHRISTINE BERKLEY, Individually and on behalf of all persons similarly situated, etc., v. H&R BLOCK EASTERN TAX SERVICES, INC. Court:TCA Attorneys: Gary C. Shockley and Alice Corker, Baker, Donelson, Bearman & Caldwell, Nashville, Tennessee and N. Louise Ellingsworth, Daniel R. Young, and Michael D. Pospisil, Kansas City, Missouri, for Appellant. Gordon Ball, Knoxville, Tennessee for Appellees. Judge: FRANKS First Paragraph: This is an interlocutory appeal from the Trial Judge's refusal to enforce an arbitration agreement entered by the parties. Defendant has appealed. We reverse and remand with instructions to enforce the arbitration agreement. http://www.tba.org/tba_files/TCA/berkleyc.wpd
MARY E. BROWN v. CARL B. BROWN, JR., a/k/a SUSAN RAE BROWN Court:TCA Attorneys: Mary Walker, Goodlettsville, Tennessee, for the appellant, Carl B. Brown, Jr., a/k/a Susan Rae Brown. Mark T. Smith, Gallatin, Tennessee, for the appellee, Mary E. Brown. Judge: CANTRELL First Paragraph: This divorce case involves the usual disputes over property and alimony. We affirm the decision of the trial court. http://www.tba.org/tba_files/TCA/brownme.wpd
JERRY BENSON BRYANT v. KATHERINE ANNE BRYANT Court:TCA Attorneys: M. Andrew Hoover, ANDREW HOOVER & ATTORNEYS, Pulaski, Tennessee, Attorney for Appellant, Jerry Benson Bryant Barbara J. Walker, Columbia, Tennessee, Attorney for Appellee, Katherine Anne Bryant Judge: HIGHERS First Paragraph: Appellant ("Husband") appeals the trial court's division and award of marital assets, award of alimony, and award of attorney's fees to Appellee ("Wife"). For the following reasons, the decision of the trial court is hereby affirmed in part, reversed in part, and remanded for further proceedings as necessary. http://www.tba.org/tba_files/TCA/bryantjb.wpd
STATE OF TENNESSEE v. ANTHONY DESHAUN ALLEN Court:TCCA Attorneys: Franklin Deslauriers, Covington, Tennessee, attorney for appellant, Anthony Deshaun Allen. Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, Tara B. Hinkle, Assistant Attorney General, Elizabeth Rice, District Attorney General, for the appellee, State of Tennessee. Judge: HAYES First Paragraph: The appellant appeals the sentencing decision of the Tipton County Circuit Court following his jury conviction for aggravated robbery. At the sentencing hearing, the trial court applied the following enhancement factors: (1) prior criminal history; (10) his risk to human life; and (13) offenses committed while on parole; no applicable mitigating factors were found. In this direct appeal, the appellant argues misapplication of enhancement factors (1) and (13) upon grounds that his previous felony conviction which formed the basis for these enhancers was "overturned" on appeal. Additionally, he argues that application of factor (10) violates sentencing principles. Finding the appellant's allegations unsupported by the record, we affirm the judgment and sentence imposed by the trial court. http://www.tba.org/tba_files/TCCA/ALLENAD.wpd
STATE OF TENNESSEE, v. CARLOS C. BEASLEY. Court:TCCA Attorneys: William D. Massey, Memphis, Tennessee, for the appellant, Carlos C. Beasley. Paul G. Summers, Attorney General and Reporter, and J. Ross Dyer, Assistant Attorney General, for the appellee, State of Tennessee. Judge: LAFFERTY First Paragraph: The appellant, Carlos C. Beasley, referred herein as "the defendant," appeals as of right from a conviction for especially aggravated robbery by a Shelby County jury. The same jury found the defendant guilty of voluntary manslaughter, from which the defendant does not appeal. The Shelby County Criminal Court imposed a sentence of twenty-five (25) years for especially aggravated robbery in the Department of Correction. The defendant presents two appellate issues: 1) whether the evidence is sufficient for a rational trier of fact to find that every element of especially aggravated robbery has been proven beyond a reasonable doubt; and 2) whether the record shows that the trial court in its capacity as thirteenth (13th) juror failed to independently weigh the evidence upon consideration of the motion for a new trial. http://www.tba.org/tba_files/TCCA/BEASLE~1.wpd
STATE OF TENNESSEE v. LEON GOINS Court:TCCA Attorneys: Clifford K. McGown, Jr., District Public Defender, and Howell Tod Taylor, Assistant District Public Defender, Waverly, Tennessee, for the appellant, Leon Goins, on appeal. Jim W. Horner, District Public Defender, Dyersburg, Tennessee, for the appellant, Leon Goins, at trial and of counsel on appeal. Paul G. Summers, Attorney General and Reporter, Patricia C. Kussmann, Assistant Attorney General, and Phillip Bivens, District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: A jury found the defendant guilty of selling 0.5 grams of cocaine, a Schedule II controlled substance. He received a 15 year sentence as a Range II offender, consecutive to a prior felony. The defendant asserts error in allowing the state's expert witness to testify to the aggregate weight of cocaine sold, when the witness did not test every particle of the submitted evidence. The defendant further asserts error in the trial court's admitting a video tape of the sale and in the trial court's sentencing. The judgment from the trial court is affirmed. http://www.tba.org/tba_files/TCCA/GOINSL.wpd
STATE OF TENNESSEE v. MONTRELL D. PERRY Court:TCCA Attorneys: William D. Massey, Lorna S. McClusky, Memphis, Tennessee, attorneys for appellant, Montrell D. Perry. Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, J. Ross Dyer, Assistant Attorney General, William L. Gibbons, District Attorney General, and William D. Bond, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: HAYES First Paragraph: The appellant entered guilty pleas to two counts of sale of cocaine, Class C felonies, and was sentenced to four years confinement in the Department of Correction. The appellant argues, in this direct appeal, that the trial court erred in ordering total confinement. The record supports denial of an alternative sentence. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/PERRYMD.wpd
STATE OF TENNESSEE v. DARYL McKINLEY ROBINSON Court:TCCA Attorneys: Steve McEwen, Mountain City, Tennessee, and George Morton Googe and Stephen Spracher, Jackson, Tennessee, for the appellant, Daryl McKinley Robinson. Paul G. Summers, Attorney General and Reporter, Clinton J. Morgan, Counsel for the State, James G. Woodall, District Attorney General, and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant, Daryl McKinley Robinson, appeals from the trial court's revocation of his probationary sentence and order that he serve his effective 14-year, 11-month, 29-day sentence in the Department of Correction. In this appeal, he complains that the trial court erred in failing to make findings regarding whether his failure to pay fines and costs was willful or a result of lack of bona fide efforts to acquire the resources to pay. He further complains that the trial court erred in ordering him to serve his sentence in incarceration, rather than the Community Corrections program. Upon review, we find no abuse of discretion warranting a reversal of the court's order and therefore affirm. http://www.tba.org/tba_files/TCCA/ROBINS~2.wpd
STATE OF TENNESSEE v. STEPHEN RAY STAMPS Court:TCCA Attorneys: Stephen Ray Stamps, Henning, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter, Mark E. Davidson, Assistant Attorney General, Robert "Gus" Radford, District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: Approximately six years after the Defendant was sentenced to a twelve-year term in the Department of Correction for the offense of rape, he filed a motion in the trial court asking the court to amend the judgment to allow him certain pre-trial jail credit. The trial judge overruled the motion and the Defendant has appealed to this Court. We affirm the decision of the trial court. http://www.tba.org/tba_files/TCCA/STAMPSSR.wpd

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