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September 26, 2000
Volume 6 -- Number 154
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.
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New Opinion(s) from the Tennessee Supreme Court |
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New Opinion(s) from the Tennessee Supreme Court Workers' Compensation
Panel |
| 01 |
New Document(s) or Proposed Rule(s) from the Tennessee Supreme
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New Opinion(s) from the Tennessee Court of Appeals |
| 11 |
New Opinion(s) from the Tennessee Court of Criminal Appeals |
| 00 |
New Opinion(s) from the Tennessee Attorney General (PDF format)
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| 00 |
New Judicial Ethics Opinion(s) |
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New Formal Ethics Opinion(s) from the Board of Professional Responsibility
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Lucian T. Pera
Editor-in-Chief, TBALink
IN RE: RULE 35, RULES OF TENNESSEE SUPREME COURT
Court:TSC - Rules
Judge: ANDERSON
First Paragraph:
The Court hereby amends Rule 35, Rules of the Tennessee Supreme Court,
by adding the following sentence at the end of section (b):
The introductory paragraph, prepared by the appellate court and
included at the beginning of an opinion issued in the standard format,
is an official part of the opinion.
http://www.tba.org/tba_files/TSC_Rules/rule35_ord.wpd
RHEA E. BURNS, JR. v. NEW YORK LIFE INSURANCE COMPANY
Court:TCA
Attorneys:
Douglas C. Weinstein, Knoxville, Tennessee, for the Appellant, Rhea E.
Burns, Jr.
Richard J. McAfee, Chattanooga, Tennessee, for the Appellee, New York
Life Insurance Company.
Judge: SWINEY
First Paragraph:
Plaintiff, an insurance sales agent for New York Life Insurance
Company, alleged that he entered into an oral agreement with another
New York Life Insurance agent for the two agents to sell life
insurance policies to a particular family and share the sales
commissions. Some time later, a dispute arose between Plaintiff and
the second New York Life Insurance agent over who was entitled to
receive certain sales commissions. After Plaintiff did not receive a
share of those sales commissions, he sought the assistance of New York
Life in resolving his dispute with the second agent. New York Life
accepted statements from both agents and then declined to intervene on
Plaintiff's behalf.
http://www.tba.org/tba_files/TCA/burnsre.wpd
CLARA FRAZIER v. EAST TENNESSEE BAPTIST HOSPITAL, INC., et al.
Court:TCA
Attorneys:
Donna Keene Holt and David E. Waite, Knoxville, Tennessee, for the
Appellant, Clara Frazier
R. Franklin Norton, Gary G. Spangler and Jeffrey A. Woods, Knoxville,
Tennessee, for the Appellee Baptist Hospital of East Tennessee, Inc.
Judge: GODDARD
First Paragraph:
In this medical malpractice case brought by Clara Frazier, as
Administratrix of the Estate of Josie Mae Blalock Pickens against East
Tennessee Baptist Hospital, Inc., and Mark W. Jackson, M.D., the Trial
Court sustained the motion of Baptist Hospital for summary judgment
because the order granting an amendment to add Baptist Hospital as a
party defendant after a non-suit had earlier been taken, was not
timely and exceeded the one year mandated in T.C.A. 28-1-105(a). Ms.
Frazier appeals, insisting that Rule 15.03 of the Tenn. R. Civ. P. is
applicable and that the amendment related back to the date of the
initial filing. We find the Trial Court acted properly and affirm.
http://www.tba.org/tba_files/TCA/fraziercla.wpd
JACKIE MCGREGOR v. GREGOR SCOTT MCGREGOR
Court:TCA
Attorneys:
Thomas Crutchfield, Chattanooga, Tennessee, for the appellant, Jackie
McGregor.
Grace E. Daniell, Chattanooga, Tennessee, for the appellee, Gregor
Scott McGregor.
Judge: SUSANO
First Paragraph:
This is a divorce case. Following a bench trial, the court below (1)
granted the parties a divorce on stipulated grounds; (2) divided the
marital property; and (3) found that wife was not entitled to an award
of alimony, but that funds withdrawn by her from a joint account
immediately prior to her filing for divorce constituted necessary
temporary support for her and the parties' daughter. Wife appeals the
trial court's characterization of certain real property as marital
property and the trial court's division of the marital property. Both
wife and husband take issue with the trial court's treatment of the
funds withdrawn by wife from the joint account. We affirm the
judgment of the trial court, as modified.
http://www.tba.org/tba_files/TCA/mcgregorj.wpd
CHRISTOPHER J. MOORE v. ROBERT S. JOHNSON, et al.
Court:TCA
Attorneys:
George H. Buxton, Oak Ridge, Tennessee, for the appellant, Robert S.
Johnson.
W. Zane Daniel, Knoxville, Tennessee, for the appellee, Christopher J.
Moore.
Judge: SUSANO
First Paragraph:
This is a personal injury action arising out of an automobile
accident. The jury returned a verdict in favor of the plaintiff,
finding that the defendant and an unidentified driver were equally at
fault in causing the accident. The defendant appeals, raising issues
that require us to determine whether there is material evidence in the
record to support the jury's verdict. We conclude that there is
material evidence to support the verdict and thus affirm the judgment.
http://www.tba.org/tba_files/TCA/moorecj.wpd
STEAMFITTERS LOCAL UNION NO. 614 HEALTH AND WELFARE FUND, et al. v.
PHILIP MORRIS, INC., et al.
Court:TCA
Attorneys:
Leo Bearman, Jr., Jill M. Steinberg, Memphis, Tennessee, Kenneth J.
Parsigian, Boston, Massachusetts, Jack E. McClard, Richmond, Virginia,
for Philip Morris, Inc.
Jeff Jones, Columbus, Ohio, Albert C. Harvey, Memphis, Tennessee, for
R.J. Reynolds Tobacco Company.
Judge: LILLARD
First Paragraph:
Union health and welfare funds brought an action against tobacco
companies and their trade associations to recover the funds' costs of
treating their participants' smoking-related illnesses. The tobacco
companies moved to dismiss the complaint, arguing that the funds'
economic injuries were derivative of the participants' physical
injuries and, consequently, too remote for recovery. The trial court
granted the motion to dismiss on the funds' antitrust claim but denied
the motion on the funds' claims for fraud and deceit,
misrepresentation, conspiracy and violation of the Tennessee Consumer
Protection Act. Permission for interlocutory appeal was granted to
the tobacco companies by both the trial court and the appellate court.
We affirm the trial court's dismissal of the antitrust claim and
reverse the trial court's denial of the motion to dismiss on the
remaining claims, finding the plaintiffs' alleged injuries are too
remote, as a matter of law, to permit recovery. The cause is remanded
for entry of an order dismissing the plaintiffs' complaint.
http://www.tba.org/tba_files/TCA/steamfitters.wpd
STATE OF TENNESSEE v. RANDALL E. BEST
Court:TCCA
Attorneys:
Kimberly A. Parton, Knoxville, Tennessee (at trial and on appeal) and
William C. Tallman, Knoxville, Tennessee (at trial) for the appellant,
Randall E. Best.
Paul G. Summers, Attorney General and Reporter; Clinton J. Morgan,
Counsel for the State; Jerry N. Estes, District Attorney General;
Richard Carson Newman, Assistant District Attorney General; and Jon
Chalmers Thompson, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: TIPTON
First Paragraph:
The defendant, Randall E. Best, appeals his first degree murder
conviction and the resulting sentence of life without parole. He
contends: (1) that the evidence is insufficient to show premeditation
and deliberation, (2) that certain photographs of the victim were
inadmissible at the sentencing phase of the trial, and (3) that the
felony murder aggravating circumstance does not sufficiently narrow
the class of death-eligible offenders when the jury convicts the
defendant of both premeditated murder and felony murder. We hold that
the evidence is sufficient, that the challenged photographs are
admissible because they are relevant to the aggravating and mitigating
circumstances, and that the jury properly based the defendant's
sentence on the felony murder aggravator. We affirm the trial court's
judgment of conviction.
http://www.tba.org/tba_files/TCCA/bestre.wpd
STATE OF TENNESSEE v. AMY BOYD
Court:TCCA
Attorneys:
Greg W. Eichelman, District Public Defender; and Russell Mattocks,
Assistant District Public Defender, Morristown, Tennessee, for the
appellant, Amy Boyd.
Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney
General; and Michelle Green, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: RILEY
First Paragraph:
The defendant was indicted on two counts of aggravated assault. A
Hawkins County jury found her guilty of one count and not guilty of
the other. In this appeal as of right, the defendant challenges the
sufficiency of the convicting evidence and the trial court's denial of
alternative sentencing. Upon a thorough review of the record, we
conclude the evidence was sufficient to sustain the defendant's
conviction for aggravated assault and that alternative sentencing was
properly denied. Thus, the judgment of the trial court is affirmed.
http://www.tba.org/tba_files/TCCA/boyda.wpd
STATE OF TENNESSEE v. DEBORAH DARLENE CLARK
Court:TCCA
Attorneys:
Clifford K. McGown, Jr., Waverly, Tennessee, attorney for the
appellant, Deborah Darlene Clark, (on appeal only) George Morton
George, District Public Defender, Jackson, Tennessee, attorney for the
appellant, Deborah Darlene Clark, (at trial and of counsel on appeal)
Paul G. Summers, Attorney General and Reporter, and J. Ross Dyer,
Assistant Attorney General, attorneys for the appellee, State of
Tennessee
Judge: SMITH
First Paragraph:
The defendant, Deborah Darlene Clark, was convicted by a Madison
County jury of aggravated kidnapping, aggravated robbery, and criminal
impersonation. In this appeal the defendant claims the evidence is
insufficient to support the verdicts. The court finds the evidence
clearly sufficient to support the convictions and thus affirms the
judgment of the trial court.
http://www.tba.org/tba_files/TCCA/clarkd~1.wpd
STATE OF TENNESSEE v. NATHANIEL LYNN CROCKETT
Court:TCCA
Attorneys:
George H. Waters, Maryville, Tennessee, for the appellant, Nathaniel
Lynn Crockett.
Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Michael L. Flynn, District Attorney
General; and Edward P. Bailey, Jr., Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: WEDEMEYER
First Paragraph:
The Defendant pleaded guilty to two counts of burglary and two counts
of theft over $1,000. The trial court sentenced the Defendant to two
years for each count of theft over $1,000 and to one year for each
count of burglary. The trial court ordered that all sentences be
served concurrently and that the Defendant serve six months in the
county jail followed by intensive probation for the remainder of the
sentence. The Defendant was ordered to pay $2,500 in restitution and
to perform one hundred hours of community service. On appeal, the
Defendant argues that the trial court erred in sentencing him to six
months in confinement. Finding no error, we affirm.
http://www.tba.org/tba_files/TCCA/crockettnl.wpd
STATE OF TENNESSEE v. JAMES DOUGLAS HAMPTON
Court:TCCA
Attorneys:
Raymond Mack Garner, District Public Defender, and Shawn G. Graham,
Assistant District Public Defender, for the appellant, James Douglas
Hampton.
Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan,
Assistant Attorney General; Michael L. Flynn, District Attorney
General; and Tammy M. Harrington, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: TIPTON
First Paragraph:
The defendant appeals from the trial court's revocation of his
probation. The defendant admits that he materially violated his
probation, but contends that the trial court's disposition of the case
was improper. The judgment of the trial court is affirmed.
http://www.tba.org/tba_files/TCCA/hamptonjd.wpd
STATE OF TENNESSEE v. BILLY HANCOCK
Court:TCCA
Attorneys:
Charles R. Curbo, Memphis, Tennessee, attorney for the appellant,
Billy Hancock.
Paul G. Summers, Attorney General and Reporter and Tara B. Hinkle,
Assistant Attorney General, attorneys for the appellee, State of
Tennessee
Judge: SMITH
First Paragraph:
The defendant, Billy Hancock, pled guilty in Shelby County Criminal
Court to vehicular homicide, vehicular assault, aggravated child
endangerment, three (3) counts of child endangerment, and reckless
driving. The trial court sentenced the defendant to serve twelve (12)
years for vehicular homicide, four (4) years for vehicular assault,
four (4) years for aggravated child endangerment, nine (9) months for
each of the three (3) counts of child endangerment, and six (6) months
for reckless driving. The court ordered that the sentences for
vehicular homicide, vehicular assault, and each of the three counts of
child endangerment were to be served consecutively to each other, and
that the sentences for reckless driving and aggravated child
endangerment were to be served concurrently with the sentence for
vehicular homicide. The total effective sentence was eighteen (18)
years and three (3) months. On appeal, this court affirms the
imposition of consecutive sentences because the trial court properly
found that the defendant was a dangerous offender and had an extensive
criminal history.
http://www.tba.org/tba_files/TCCA/hancic.wpd
STATE OF TENNESSEE v. JAMES M. McBRIDE
Court:TCCA
Attorneys:
John M. McFarland and Charles B. Hill, II, Kingston, Tennessee,
attorneys for the appellant, James M. McBride.
Paul G. Summers, Attorney General and Reporter; R. Stephen Jobe,
Assistant Attorney General; J. Scott McCluen, District Attorney
General; and Daryl Roger Delp, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: TIPTON
First Paragraph:
The defendant appeals his convictions for two counts of first degree
murder and one count of attempted first degree murder. He contends
that the evidence is insufficient to show premeditation, that his
confession should have been suppressed, that the trial court erred in
admitting gory photographs of the victims and of the motor vehicle,
and that the trial court erred in sentencing him to consecutive
sentences. We affirm the convictions and the sentence.
http://www.tba.org/tba_files/TCCA/mcbridejm.wpd
STATE OF TENNESSEE v. MICHAEL C. RICHARDSON, JR.
Court:TCCA
Attorneys:
Robert M. Brannon, Jr., Memphis, Tennessee, for the appellant, Michael
C. Richardson, Jr.
Paul G. Summers, Attorney General and Reporter, Mark E. Davidson,
Assistant Attorney General, Elizabeth T. Rice, District Attorney
General, Deborah Alsop, Assistant District Attorney General, Henry P.
Williams, Assistant District Attorney General, for the appellee, State
of Tennessee.
Judge: WEDEMEYER
First Paragraph:
The Defendant, Michael C. Richardson, pleaded guilty to aggravated
assault and was sentenced as a Range I standard offender to a
suspended sentence of six years with ten years probation. The
Defendant applied for judicial diversion pursuant to Tennessee Code
Annotated S 40-35-313; however, the trial court denied the
application. The Defendant appeals, arguing that the trial court
abused its discretion in denying his application for judicial
diversion. Finding no abuse of discretion, we affirm the trial
court's denial of judicial diversion.
http://www.tba.org/tba_files/TCCA/richardsonmc.wpd
STATE OF TENNESSEE v. JERRY WAYNE SOUTHERLAND
Court:TCCA
Attorneys:
C. Michael Robbins, Memphis, Tennesseee, John Palmer, Dyersburg,
Tennessee, and Joseph P. Atnip, District Public Defender, Dresden,
Tennessee for the appellant, Jerry Wayne Southerland.
Paul G. Summers, Attorney General and Reporter, Michael E. Moore,
Solicitor General, Peter Coughlan, Assistant Attorney General, Thomas
A. Thomas, District Attorney General and James David Kendall,
Assistant District Attorney General for the appellee, State of
Tennessee.
Judge: WEDEMEYER
First Paragraph:
The Defendant, Jerry Wayne Southerland, was found guilty by an Obion
County jury of aggravated burglary and theft. In this appeal, the
Defendant challenges the trial court's decision to allow the in-court
identification of the Defendant by witness Brian Stacks. We affirm
the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/southerlandjw.wpd
STATE OF TENNESSEE v. BILL WHITEHEAD
Court:TCCA
Attorneys:
J. Ronnie Greer, Greeneville, Tennessee, attorney for the appellant,
Bill Whitehead.
Paul G. Summers, Attorney General & Reporter, Elizabeth B. Marney,
Assistant Attorney General, C. Berkeley Bell, Jr., District Attorney
General, for the appellee, State of Tennessee.
Judge: WADE
First Paragraph:
The defendant, Bill Whitehead, was charged by presentment with
thirteen counts of felonious conflict of interest in violation of
Tenn. Code Ann. S 5-14-114, the conflict of interest provision
contained in the County Purchasing Law of 1957. Through various
motions to dismiss, the defendant challenged the constitutionality of
the statute, asserting that the statute violates state and federal
principles of equal protection, challenging the statute as void for
vagueness, and contending that the County Purchasing Law of 1957
constitutes an inappropriate delegation of legislative power. The
trial court denied the defendant's motions but granted an
interlocutory appeal on each of the constitutional issues. It is our
view that Tenn. Code Ann. S 5-14-114, while not unconstitutionally
vague, is violative of equal protection guaranties. Accordingly, the
trial court's order denying relief is reversed and the presentment is
dismissed. Having determined that the defendant is entitled to
relief, it is not necessary to address the question of whether the
County Purchasing Law of 1957 qualifies as an unconstitutional
delegation of legislative power.
http://www.tba.org/tba_files/TCCA/whiteheadbill.wpd
ERIC YOUNG v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
M. Dianne Smothers, Jackson, Tennessee, for the appellant, Eric Young.
Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, Assistant
Attorney General; James G. Woodall, District Attorney General; and
Alfred Lynn Earls, Assistant District Attorney, for the appellee,
State of Tennessee.
Judge: WILLIAMS
First Paragraph:
In this appeal from the trial court's denial of his post-conviction
petition, the petitioner argues that he received ineffective
assistance of counsel and that his guilty plea was unknowing and
involuntarily entered. We find no error in the trial court's denial
of the post-conviction petition.
http://www.tba.org/tba_files/TCCA/younge.wpd
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