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

SANDRA ELIZABETH DUDLEY v. BOBBY G. DUDLEY, II

Court:TCA

Attorneys:    

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

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

Judge: COTTRELL

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.

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





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.

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





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.

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





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.

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





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.

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





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.

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





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.

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





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.

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


DISSENTING OPINION
http://www.tba.org/tba_files/TCA/turnerjb_dis.wpd





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

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





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.

http://www.tba.org/tba_files/TCCA/wilsonchris.wpd

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN TBALink!
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: http://www.tba.org/join.html/

SUBSCRIBE TO OPINION FLASH!
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: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE HTML
3) Leave the body of the message blank

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

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


© Copyright 2000 Tennessee Bar Association