January 03, 2001
Volume 7 -- Number 002

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):
 
02 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
03 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
 

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Lucian T. Pera
Editor-in-Chief, TBALink

REGINA L. CABLE  v. CHARLES E. CLEMMONS, JR.

Court:TSC

Attorneys:  

Oliver S. Thomas, John A. Bell, and Theodore R. Kern,  Knoxville,
Tennessee, for the appellant, Regina L. Cable.

Jonathan A. Moffatt, Knoxville, Tennessee, for the appellee, Charles
E. Clemmons, Jr.                        

Judge: ANDERSON

First Paragraph:

We granted this appeal to determine the following two issues: 1)
whether double jeopardy bars multiple convictions for criminal
contempt based on violations of an order of protection and 2) whether
domestic violence counseling may be imposed as part of the sentence
for criminal contempt.  After finding the defendant guilty of six
counts of criminal contempt, the trial court's sentence consisted of
1) ten days in jail for each act of contempt to be served
consecutively and 2) forty-five weeks of domestic violence counseling.
 A new order of protection was issued.  The Court of Appeals held that
the evidence supported only one conviction for criminal contempt and
that the trial court lacked the authority to impose counseling as part
of a sentence for criminal contempt.  After reviewing the record and
authority, we hold that double jeopardy does not bar multiple
convictions for criminal contempt and that the evidence supports three
convictions in this case.  We further hold that although the
legislature has not specifically authorized domestic violence
counseling as a sentence for criminal contempt, the trial court
properly imposed the requirement as part of a new order of protection.

http://www.tba.org/tba_files/TSC/cablerl.wpd


MICHAEL H. SNEED v. BOARD OF PROFESSIONAL RESPONSIBILITY ORDER Court:TSC Judge: BIRCH First Paragraph: This cause is before the Court on the petition for rehearing filed by the respondent, Michael H. Sneed. The crux of the petition is Sneed's request for a period of thirty days within which to "wind down [his] practice and to prepare for the transition of any remaining cases to substitute counsel." http://www.tba.org/tba_files/TSC/sneedm_ord.wpd
EDWARD F. CURTIS v. STEPHEN T. NASH, et al. Court:TCA Attorneys: Thomas R. Henley, Knoxville, Tennessee, for the appellant, Edward F. Curtis. See appendix for list of attorneys for appellees and Pro Se litigants. Judge: GODDARD First Paragraph: This appeal arises in the Knox County Circuit Court from a grant of a motion for summary judgment. Edward F. Curtis appeals the grant of summary judgment. We affirm the judgment of the Trial Court and remand for such further proceedings as may be necessary consistent with this opinion. We adjudge costs of appeal against Mr. Curtis and his surety. http://www.tba.org/tba_files/TCA/curtisedw.wpd
EMERGICARE CONSULTANTS, INC. v. BARBARA A. WOOLBRIGHT, et al. Court:TCA Attorneys: James W. Surprise, for Appellant Ronald T. Riggs, for Appellee Judge: HIGHERS First Paragraph: In this action, Emergicare Consultants, Inc., seeks to pierce the corporate veil of Medic Ambulance Service, Inc. Emergicare and Medic entered into a contract whereby Emergicare was to manage Medic. The purpose of the management contract was to streamline Medic in preparation for a sale to an ambulance consolidator. Emergicare claims that once it delved into the management of Medic, it discovered several abuses of the corporate form. As a result, Emergicare now seeks to pierce the corporate veil to impose personal liability on Medic's president, Barbara Woolbright, in order to recover $64,000 due under the management contract. http://www.tba.org/tba_files/TCA/emergicareconsul.wpd
IN RE: PETITION OF JOHN T. WEATHERFORD, et al. v. BRENDA WEATHERFORD, et al. Court:TCA Attorneys: Carrie W. Kersh, Clarksville, for Appellant Darrin Sheffield Phillip G. Hollis, Camden, for Appellees Judge: HIGHERS First Paragraph: Darrin Sheffield appeals the trial court's judgment terminating his parental rights to his minor son, Tyler Lee Weatherford. We affirm the trial court's judgment based on our conclusion that the record contains clear and convincing evidence to support the court's findings that Mr. Sheffield abandoned Tyler and that termination of Mr. Sheffield's parental rights was in Tyler's best interest. http://www.tba.org/tba_files/TCA/weatherfordjohnt.wpd
STATE OF TENNESSEE v. WILLIE WAYNE BOYLAND Court:TCCA Attorneys: Jeannie Kaess, Bolivar, Tennessee, for the appellant, Willie Wayne Boyland. Paul G. Summers, Attorney General and Reporter; Mark E. Davidson, Assistant Attorney General; and Walt Freeland, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Following a jury trial in the Hardeman County Circuit Court, Defendant was convicted of the offense of casual exchange of marijuana. On appeal, Defendant challenges the sufficiency of the evidence to sustain the conviction. He also asserts that the trial court erred by prohibiting Defendant from questioning a state witness about a civil warrant and judgment against the witness and that the trial court erred by overruling his objection to the State eliciting testimony from its primary witness regarding the witness' employment. We have reviewed the record on appeal and the briefs of the parties and find no reversible error. Accordingly, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/boylandww.wpd

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