September 5, 2000
Volume 6 -- Number 140

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
02 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

ROBERT McALISTER BARNETT, III v. PAULA LYNN BARNETT

Court:TSC

Attorneys: 

D. Mitchell Bryant, Cleveland, Tennessee, and Russell Theodore King,
Chattanooga, Tennessee, for appellant, Robert McAlister Barnett, III.

Glenna M. Ramer and Sandra Jean Bott, Chattanooga, Tennessee, for
appellee, Paula Lynn Barnett.
                         
Judge: HOLDER

First Paragraph:

We granted this appeal to determine:  1) whether private school
tuition constitutes an extraordinary educational expense under the
Tennessee Child Support Guidelines; and 2) whether the noncustodial
parent should be required to pay those expenses in addition to child
support based upon the percentage of net income of the noncustodial
parent.  We hold that pursuant to the Tennessee Child Support
Guidelines private school tuition is an "extraordinary educational
expense."  We affirm the decision of the Court of Appeals requiring
the total amount of private school tuition to be paid by the obligor-
father.  We hold, however, that in appropriate cases a court may
apportion the amount of tuition between the parties.

http://www.tba.org/tba_files/TSC/barnetrm.wpd


JANET LYNN HOBBS v. GARRY EARL HOBBS Court:TSC Attorneys: Joseph Eugene Ford, Winchester, Tennessee, for the appellant, Garry Earl Hobbs. Brenda Susan Bramlett, Shelbyville, Tennessee, for the appellee, Janet Lynn Hobbs. Judge: HOLDER First Paragraph: The parties entered into a marital dissolution agreement that provided for a decreased payment of child support during the father's period of unemployment followed by an increased amount of child support to be paid after the resolution of the father's workers' compensation case. The father settled his claim and was awarded $125,000 in a lump sum. Applying Tenn. Code Ann. S 50-6-223, the trial court ruled that "gross income" as defined by the Tennessee Child Support Guidelines did not include the father's lump sum workers' compensation benefit. The Court of Appeals reversed, holding that it would be illogical to exclude lump sum workers' compensation payments from computation of child support when periodic payments may be included. We granted permission to appeal. We hold that lump sum awards of workers' compensation must be used to compute gross income under the Tennessee Child Support Guidelines. http://www.tba.org/tba_files/TSC/hobbsjan.wpd
SUZANNE SHERER, et al. v. RAY ALLEN LINGINFELTER, et al. Court:TSC Attorneys: Arthur G. Seymour, Jr. and James E. Wagner, Knoxville, Tennessee, for the appellant, United Services Automobile Association. Jess D. Campbell, Knoxville, Tennessee, for the appellees, Suzanne Sherer and husband, Charles Sherer as parents and natural guardians of Teal Sherer. Judge: HOLDER First Paragraph: We granted this appeal to determine whether an insurer's right of subrogation under Tenn. Code Ann. S 56-7-1204 extends to damages for enhanced injuries received by the insured as the result of another tortfeasor's actions. We conclude that the subrogation right of the insurer is limited to the injuries for which the insurer has made payment. We affirm the Court of Appeals. http://www.tba.org/tba_files/TSC/sherersu.wpd
SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0905.wpd
STATE OF TENNESSEE v. THOMAS WAYNE OVERBAY Court:TCCA Attorneys: Stephen M. Wallace, District Public Defender, Blountville, Tennessee, for the appellant, Thomas Wayne Overbay. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; Barry T. Staubus, Assistant District Attorney General; Teresa K. Murray-Smith, Assistant District Attorney General; and Gregory A. Newman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant was convicted by a jury of four counts of aggravated sexual battery and ten counts of rape of a child. In this direct appeal Defendant alleges he did not receive a fair trial because (1) the bill of particulars did not sufficiently inform Defendant of the charges, and (2) the prosecution violated Brady v. Maryland when it failed to turn-over potentially exculpatory evidence to Defendant pre- trial. Held: the bill of particulars adequately appraised Defendant of the crimes with which he was charged. Although the prosecution violated Brady when it failed to turn over potentially exculpatory evidence to Defendant pre-trial, the error was harmless. Judgment of the trial court affirmed. http://www.tba.org/tba_files/TCCA/overbaytw.wpd
STATE OF TENNESSEE v. JAMES DAVID LAMOR PERRY Court:TCCA Attorneys: B.C. McInturff, Kingsport, Tennessee, for the appellant, James David Lamor Perry. Paul G. Summers, Attorney General and Reporter; Mark E. Davidson, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Robert H. Montgomery, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant James David Lamor Perry was convicted of two counts of possession of cocaine, more than .5 grams, within 1000 feet of a school, and one count of possession of marijuana. Defendant was fined and sentenced to 20 years on each cocaine possession count and to 6 months on the marijuana count, all sentences to run concurrently. On this direct appeal Defendant now raises numerous challenges to his convictions, including issues regarding the constitutionality and interpretation of the Drug-Free School Zone Act. Defendant also argues that his sentence for the cocaine possession counts is excessive. We find no error and affirm Defendant's convictions and sentences. http://www.tba.org/tba_files/TCCA/perryjdl.wpd

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