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   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 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 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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