November 7, 2000 Volume 6 -- Number 183 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 04 New Opinion(s) from the Tennessee Court of Appeals 03 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 LATASHA MARIE WHITTINGTON-BARRETT v. HUBERT JOHNSON Court:TCA Attorneys: LaTasha Marie Whittington-Barrett, Pro Se Appellant NECX P. O. Box 5000 Mountain City, Tennessee 37683-5000 Hubert Johnson, Pro Se Appellee NECX P. O. Box 5000 Mountain City, Tennessee 37683-5000 Judge: GODDARD First Paragraph: This is a suit between two inmates of the State of Tennessee. The Plaintiff, a transsexual, seeks a declaratory judgment "to establish the rights of the Plaintiff," and damages, attorney fees and costs against the Defendant because of sexual harassment. The cause of action alleges violation of various sections of the Constitutions of the State of Tennessee and the United States of America and of the Civil Rights Act of 1964. The Trial Judge dismissed the complaint because there was "no claim of state action in Plaintiff's complaint, nor is this an employer/employee situation." We affirm. http://www.tba.org/tba_files/TCA/barrettlat.wpd EDMOND BROTHERS SUPPLY COMPANY, INC. v. BOYLE and ADAMS, et al. Court:TCA Attorneys: Thomas C. Jessee, Johnson City, Tennessee, for the Appellant Boyle and Adams, et al. David S. Bunn, Bristol, Tennessee, for the Appellee, Edmond Brothers Supply Company, Inc. Judge: SWINEY First Paragraph: Edmond Brothers Supply Company, Inc. ("Plaintiff"), a building materials supplier, sold materials to a contractor for use in a construction project for Bristol Regional Women's Center, P.C., ("Defendant"). Plaintiff did not send statements to Defendant because the contractor instructed Plaintiff not to bill Defendant. When the project was completed, the contractor took the Plaintiff's final bill to Defendant for payment. Defendant's office manager sent a check in full payment to Plaintiff, but Defendant stopped payment on the check and refused to pay the bill. Plaintiff brought suit against Defendant, individual defendants, and a partnership to enforce a materialmen's lien for the outstanding debt. All defendants denied enforceability of the lien. The Trial Court dismissed the action to enforce the materialmen's lien, dismissed the action against the individual defendants and the partnership, and granted judgment to Plaintiff against Defendant on an agency theory. The Trial Court found that the contractor had authority to make the purchases for Defendant and that since Defendant had used the materials in its building, Defendant was obligated to pay for them, despite its instruction to the contractor not to charge any materials for the project. Defendant appeals this judgment. We hold that the contractor had no actual, implied, apparent, or ostensible authority to charge building materials to Defendant. We reverse the judgment of the Trial Court, and dismiss the Complaint against Defendant. http://www.tba.org/tba_files/TCA/edmondbrothers.wpd C.M. REAGAN v. IMA J. CONNELLY, et al. Court:TCA Attorneys: N. Darrell Bridges, Chattanooga, Tennessee, for the appellants, Ima J. Connelly, Traci Connelly, Casey Connelly, and Dan Connelly, Inc. Scott N. Brown, Jr., Stephany S. Pedigo, and Timothy J. Millirons, Chattanooga, Tennessee, for the appellee, C.M. Reagan. Judge: SUSANO First Paragraph: C.M. Reagan filed this action seeking to collect a money judgment previously obtained against the defendant Dan Connelly ("Connelly"), which judgment was based upon Connelly's guaranty of a note executed by his brother-in-law. Following a bench trial, the court below found that Connelly had fraudulently conveyed three pieces of real property to the defendant corporation, Dan Connelly, Inc. ("the Corporation"). With respect to a fourth piece of property, the trial court found that its transfer to the Corporation was not fraudulent. The trial court, however, went on to disregard the separate identity of the Corporation and find that 96% of the value of the fourth piece of property was available to satisfy the underlying judgment. This determination was based upon the trial court's finding that Connelly owned that percentage of the Corporation's stock. The Corporation and its record shareholders appeal. We affirm in part and reverse in part. http://www.tba.org/tba_files/TCA/reagancm.wpd JAMES RODEN, et al. v. CLARK HECK, SR., et al. Court:TCA Attorneys: Michael A. Anderson, Chattanooga, Tennessee, for the appellants, James Roden and Janet Roden. Douglas M. Campbell, Chattanooga, Tennessee, for the appellees, Clark Heck, Sr., and Clark Heck, Jr. Judge: SUSANO First Paragraph: This case involves a chicken -- more specifically a rooster -- that allegedly ran "afoul" of the law. James Roden and his wife, Janet Roden, brought this action against their neighbors, Clark Heck, Sr., and Clark Heck, Jr., after Mr. Roden was injured by a chicken that had escaped from the defendants' property. The trial court granted the defendants summary judgment. We affirm. http://www.tba.org/tba_files/TCA/rodenj.wpd WILLIAM BOYD v. STATE OF TENNESSEE Court:TCCA Attorneys: J. Liddell Kirk, Knoxville, Tennessee, for the appellant, William Boyd. Paul G. Summers, Attorney General & Reporter, Clinton J. Morgan, Nashville, Tennessee, Randall E. Nichols, District Attorney General, Leland Price, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WITT First Paragraph: The petitioner, William Boyd, appeals from the trial court's denial of his petition for post-conviction relief. Boyd alleges that his eight-year sentence for the offense of especially aggravated sexual exploitation of a minor, which is to be served at 100 percent, is illegal. We agree that the sentence is illegal and therefore reverse the trial court's dismissal of the post-conviction petition, vacate the conviction of especially aggravated sexual exploitation of a minor and the dismissal of the charge of aggravated rape, and remand to the trial court for further proceedings. http://www.tba.org/tba_files/TCCA/boydw.wpd STATE OF TENNESSEE v. JOHN CLARK GARRISON Court:TCCA Attorneys: Gregory P. Isaacs, Knoxville, Tennessee, for the appellant, John Clark Garrison. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; and Randall E. Nichols, District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: On August 3, 1992, the defendant pled guilty to two counts of theft under Tennessee Code Annotated sections 39-14-103, -105(4). The defendant was sentenced to two consecutive nine-year sentences and ordered to pay restitution in the amount of $51,000. On June 8, 1999, the defendant filed a Motion to Correct Illegal Sentence. It was denied. In this appeal, the defendant contends that 1) the trial court erred in its finding that the defendant's sentence of incarceration and restitution was legal as a matter of law; and 2) the trial court erred by finding that the defendant knowingly and voluntarily entered into a plea agreement involving an illegal sentence. After a careful review, we find no merit in these issues, and find that the defendant's sentence is legal. The defendant's sentence of incarceration and the court's imposition of restitution is affirmed. http://www.tba.org/tba_files/TCCA/garrisonjc.wpd STATE OF TENNESSEE v. DOYLE R. STEVENS Court:TCCA Attorneys: Raymond Mack Garner, District Public Defender, and Jon A. Anderson, Assistant District Public Defender, Maryville, Tennessee, for the appellant, Doyle R. Stevens. Paul G. Summers, Attorney General and Reporter; R. Stephen Jobe, Assistant Attorney General; Michael L. Flynn, District Attorney General; and John Bobo and Tammy Harrington, Assistant District Attorneys, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: In July 1999, the defendant entered a plea of nolo contendre on two counts of vehicular homicide and one count of aggravated assault. The defendant contends that the trial court erred by not granting judicial diversion. We conclude that the defendant was not a "qualified defendant" for judicial diversion. His 1992 conviction for driving while under the influence of an intoxicant qualifies as a Class A misdemeanor, and therefore he is not "qualified" for judicial diversion. Accordingly, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/stevensdr.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! 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