September 6, 2000
Volume 6 -- Number 141

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
02 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

FIRST UTILITY DISTRICT OF KNOX COUNTY, TENNESSEE v. ELEANOR JO
JARNIGAN-BODDEN

Court:TCA

Attorneys:

Linda J. Hamilton Mowles, Knoxville, Tennessee, for the appellant,
Eleanor Jo Jarnigan-Bodden.

John A. Lucas, Knoxville, Tennessee, and Nash E. Long, III, Charlotte,
North Carolina, for the appellee, First Utility District of Knox
County, Tennessee.                          

Judge: SWINEY

First Paragraph:

The property owner objected to service of process and asserted due
process violations relating to a utility district easement
condemnation.  Service of process by publication was proper notice to
the non-resident Cayman Islands resident, there was no showing that
the condemnation for public purpose was not necessary, and there was
no right for the property owner to demand a jury of view to determine
the proper easement for a water line.  Judgment of the Trial Court is
affirmed and the case remanded for determination of the compensation
due the property owner for the taking.

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





KIMBERLY DIANE RAMSEY v. ELMER COLE RAMSEY

Court:TCA

Attorneys:

William H. Bell of Greeneville, Tennessee, for the appellant, Elmer
Cole Ramsey

Roger A. Woolsey of Greeneville, Tennessee for the appellee, Kimberly
Diane Ramsey                          

Judge: GODDARD

First Paragraph:

On March 4, 1999, the Plaintiff filed for a divorce.  The Defendant
was served on March 5, 1999.  At the trial court's regular docket
sounding held on March 19, 1999, the divorce hearing  was set for July
20, 1999.    The Defendant filed an answer on April 14, 1999.  Neither
counsel for the Defendant nor the Defendant appeared at the hearing. 
After being unable to contact the Defendant's attorney, the trial
court heard the evidence and entered an order granting the Plaintiff a
divorce, and custody of the child, setting child support, and dividing
the marital property.  Subsequently, the Defendant filed a motion to
vacate the order averring he had no notice of the hearing and that
Defendant's counsel had other business which kept him away from the
hearing.  The motion was denied by the trial court. The Defendant 
appealed.  We affirm the decision of the trial court.

http://www.tba.org/tba_files/TCA/ramseykim.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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