September 28, 2000
Volume 6 -- Number 156

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
09 New Opinion(s) from the Tennessee Court of Appeals
01 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

There are three ways for TBALink members to get the full-text versions of these opinions from the Web:

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Lucian T. Pera
Editor-in-Chief, TBALink




Robert Todd Jackson, Nashville, Tennessee, for the appellant, Bobby G.
Dudley, II.

Timothy K. Barnes, Clarksville, Tennessee, for the appellee, Sandra E.


First Paragraph:

In this divorce case, the trial court awarded the divorce to the Wife
and divided the property.  Husband appeals the award of the marital
residence and its contents to Wife.  We affirm.

FRANKLIN NATIONAL BANK v. MILTON C. PROWELL Court:TCA Attorneys: Matt Q. Bastian, Columbia, Tennessee, for the appellant, Milton C. Prowell. Stephen Price and Andrea Taylor McKellar, Nashville, Tennessee, for the appellee, Franklin National Bank. Judge: CANTRELL First Paragraph: The Circuit Court of Williamson County refused to issue a writ of certiorari to review a judgment of the General Sessions Court of that county because the petition was untimely and the same issues were already pending in an action in Maury County. We affirm.
TAMMY ELIZABETH HICKMAN and DANNY RAY HICKMAN vs. EUGENIA DARLENE HICKMAN Court:TCA Attorneys: William G. McPheeters, Dayton, Tennessee, for Appellants, Tammy Elizabeth Hickman and Danny Ray Hickman. Russell Anne Swafford, Dunlap, Tennessee, for Appellee, Eugenia Darlene Hickman. Judge: FRANKS First Paragraph: Plaintiffs sued to terminate the mother's parental rights. The Trial Judge held plaintiffs failed to carry the burden of proof. We affirm.
STATE OF TENNESSEE, DEPT. OF CHILDREN'S SERVICES v. LS, IN THE MATTER OF DS Court:TCA Attorneys: Daryl A. Colson, Livingston, Tennessee, for appellant, LS. Paul G. Summers, Attorney General and Reporter, and Elizabeth C. Driver, Assistant Attorney General and Reporter, Nashville, Tennessee, for Appellee, State of Tennessee, Department of Children's Services. Judge: FRANKS First Paragraph: The Trial Court removed minor child from the parental home on grounds child was dependent and neglected. We affirm.
WAYNE D. JOINER, SR., v. METROPOLITAN GOVERNMENT Court:TCA Attorneys: Wayne D. Joiner, Sr., Hendersonville, Tennessee, pro se. Dennis W. Stanford, Nashville, Tennessee, for appellee, Metropolitan Government. Judge: FRANKS First Paragraph: The Trial Court entered consent Judgment over objection of defendant. We vacate Judgment and remand.
SHELBY JEAN CHOATE LASSITER v. CHARLES DAVID LASSITER Court:TCA Attorneys: John B. Holt, Springfield, Tennessee for the appellant, Charles David Lassiter. Charlotte U. Fleming, Springfield, Tennessee, for the appellee, Shelby Jean Choate Lassiter. Judge: COTTRELL First Paragraph: This case involves a divorce ending a seven-year marriage. The divorce was awarded to the wife on grounds of the husband's inappropriate marital conduct. The trial court divided the property and debts according to the parties' stipulations. The court then awarded the wife alimony in futuro and ordered the husband to pay $750 of the wife's attorney fees. The husband appeals the awards of alimony and attorney fees. We affirm.
BRIAN K. MOSS, vs. TENNESSEE BOARD OF PAROLES Court:TCA Attorneys: Brian K. Moss, Henning, Tennessee, pro se. Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, and Stephanie R. Reevers, Senior Counsel, Nashville, Tennessee, for Respondent-Appellee, Tennessee Board of Paroles. Judge: FRANKS First Paragraph: At the hearing where appellant's parole was revoked, the Hearing Officer admitted sworn statements of alleged victims. The Trial Court upheld the revocation. We affirm.
JOSEPH BLOUNT TURNER v. GLORIA JEAN WEISS TURNER WITH DISSENTING OPINION Court:TCA Attorneys: Joseph L. Lackey, Jr., Nashville, Tennessee, for the appellant, Joseph Blount Turner. Pamela A. Taylor, Nashville, Tennessee, for the appellee, Gloria Jean Weiss Turner. Judge: SUSANO First Paragraph: This is a divorce case. Following a bench trial, the court below (1) granted a divorce to wife; (2) divided the marital property; (3) awarded wife alimony in the form of a $1,640.55 monthly payment out of husband's retirement account; and (4) declared that the alimony award was to be secured by the husband's retirement account. Husband appeals the alimony award, the use of the retirement account as security for the payment of alimony, and the trial court's division of the marital property. Wife takes issue with the division of the parties' marital property. We affirm. DISSENTING OPINION
WOODROW WILSON v. SOUTH CENTRAL CORRECTIONAL FACILITY DISCIPLINARY BOARD Court:TCA Attorneys: Woodrow Wilson, Clifton, Tennessee, Pro Se. Tom Anderson, Jackson, Tennessee, for the appellee, South Central Correctional Facility Disciplinary Board. Judge: CANTRELL First Paragraph: An inmate in a privately operated prison filed a Petition for Writ of Certiorari against the disciplinary board at that facility. The trial court dismissed his petition for failure to state a claim. We affirm
STATE OF TENNESSEE v. CHRIS WILSON A/K/A CALVIN CLARK Court:TCCA Attorneys: Fred W. Love, Asst. Public Defender, Clarksville, TN 37040, for the appellant, Chris Wilson a/k/a Calvin Clark. Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General,Clinton J. Morgan, Assistant Attorney General, John Wesley Carney, Jr., District Attorney General, and C. Daniel Brollier, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: HAYES First Paragraph: Following a "best interest" plea to one count of aggravated burglary, the appellant was sentenced to a term of five years in the Department of Correction. On appeal, he challenges (1) the length of the sentence and (2) the imposition of a sentence of total confinement. After review, we affirm.

Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

See the intrsuctions at the beginning of this edition of Opinion Flash.

While Opinion Flash is a free service of the Tennessee Bar Association, you must be a subscriber to TBALink, the premier Web site for Tennessee attorneys, in order to access the full-text of the opinions or enjoy many other features of TBALink. TBA members may join TBALink for just $50 per year. To join, go to:

Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free!

For the
Plain Text Version:
1) Send an e-mail message to:
2) In the SUBJECT of the message type:
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to:
2) In the SUBJECT of the message type:
3) Leave the body of the message blank


To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to:
2) In the SUBJECT of the message type:
3) Leave the body of the message blank

© Copyright 2000 Tennessee Bar Association