February 16, 2001 Volume 7 -- Number 031 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 07 New Opinion(s) from the Tennessee Court of Appeals 04 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 ARTHUR BAILEY, et al. v. MICHAEL SNEED, et al. Court:TCA Attorneys: Michael H. Sneed, Nashville, Tennessee, for the appellants, Michael H. Sneed, and Davis, Sneed, Roberts and Cain. John B. Ingleson, Murfreesboro, Tennessee, for the appellees, Arthur Bailey, David Henson, and James White. Judge: CANTRELL First Paragraph: Three judgment creditors of the appellants filed their foreign judgment in the Chancery Court of Davidson County seeking to enforce the judgment pursuant to Tenn. Code Ann. S 26-6-101, et seq. After the chancellor entered an order enforcing the foreign judgment, the judgment debtors moved to set the order aside. The chancellor overruled the motion. We affirm. http://www.tba.org/tba_files/TCA/baileya.wpd BELLSOUTH ADVERTISING & PUBLISHING CORPORATION v. TENNESSEE REGULATORY AUTHORITY, et al. WITH CONCURRING & DISSENTING OPINIONS Court:TCA Attorneys: Paul S. Davidson and Guilford F. Thornton, Jr., Nashville, Tennessee, and James F. Bogan, III and Daniel J. Thompson, Jr., Atlanta, Georgia, for the appellant, Bellsouth Advertising & Publishing Corporation. Henry Walker and K. David Waddell, Nashville, Tennessee, for the appellees, Nextlink Tennessee, L.L.C. and Tennessee Regulatory Authority. Judge: CAIN First Paragraph: In these cases consolidated on appeal, Bellsouth Advertising & Publishing Corporation (BAPCO) appeals from the action of the Tennessee Regulatory Authority requiring it to brand the covers of its "White Pages Directory" with the names and commercial logos of local telecommunication companies in competition with its parent corporation Bellsouth Telecommunications, Inc. (BST). We reverse the judgment of the Tennessee Regulatory Authority. Judge Cottrell dissents. http://www.tba.org/tba_files/TCA/bellsouthadv_opn.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCA/bellsouthadv_con.wpd DISSENTING OPINION http://www.tba.org/tba_files/TCA/bellsouthadv_dis.wpd IN RE: ESTATE OF ANNIE CLARE HAMILTON, et al. v. WALTER DEWITT MORRIS, et al. Court:TCA Attorneys: Thomas H. Strawn, Dyersburg, William S. Hollis, Lexington, South Carolina, For Appellants Wilkerson Gauldin & Hayes, Dyersburg, For Appellees, Katherine Evans and John E. Gauldin, III Olie Phillips, Jackson, For Appellees, Olie Phillips, Virginia Lamb and Mary Sugg Baker Conley Campbell Moss Smith, Union City, For Appellee Freed-Hardeman University Judge: CRAWFORD First Paragraph: Proponents of 1992 will of testatrix offered the will for probate, and three beneficiaries of testatrix's 1987 will filed a complaint contesting the 1992 will. Proponents of the 1992 will filed a response to the complaint contesting the 1992 will which, inter alia, denies that the 1987 will is the last will and testament of the testatrix. The chancellor granted summary judgment against the proponents of the 1992 will, holding that the will was void by virtue of proponents' undue influence on testatrix. The chancellor also granted summary judgment for residuary beneficiary of the 1987 will and admitted the 1987 will to probate as the last will and testament of the testatrix. Appellants, the proponents of the 1992 will and contestants of the 1987 will, have appealed. http://www.tba.org/tba_files/TCA/hamiltonann.wpd MICHAEL D. LOVE v. DOCTOR R. CRANTS, et al. Court:TCA Attorneys: Michael D. Love, pro se K. Michelle Booth, for Appellees Judge: HIGHERS First Paragraph: This case involves the incarceration of the Appellant in the State of Tennessee pursuant to a contract between the Wisconsin Department of Corrections and Corrections Corporation of America. The Appellant filed a petition for habeas corpus relief in the Circuit Court of Hardeman County. The trial court entered an order dismissing the Appellant's for failure to state a claim upon which relief can be granted. http://www.tba.org/tba_files/TCA/lovemichaeld.wpd DANIEL WHITE v. STATE OF TENNESSEE ex rel. BRENDA ARMSTRONG Court:TCA Attorneys: Clark Lee Shaw and Cynthia Bohn, Nashville, Tennessee, for the appellant, Daniel White. Paul G. Summers, Attorney General and Reporter, and Stuart F. Wilson-Patton, Assistant Attorney General, Nashville, Tennessee, for the appellee, State of Tennessee. Judge: KOCH First Paragraph: This appeal involves the State's liability to repay child support payments made by a man who had voluntarily legitimated a child he believed to be his own. After this court directed the Davidson County Juvenile Court to grant him prospective relief from the legitimation order in accordance with Tenn. R. Civ. P. 60.02(4), the man requested the juvenile court to order the State and the child's biological mother to reimburse him for the child support payments he had made following the entry of the legitimation order. The juvenile court denied the request on the ground that it lacked subject matter jurisdiction to order the State to reimburse "overpaid child support." We have determined that the juvenile court lacks subject matter jurisdiction to adjudicate these claims and, therefore, affirm the juvenile court's order. http://www.tba.org/tba_files/TCA/whitedaniel.wpd STATE OF TENNESSEE ex rel. DEBBIE D. WHITFIELD v. MICHAEL R. HONEYCUTT Court:TCA Attorneys: Clark Lee Shaw, Nashville, Tennessee, for the appellant, Michael R. Honeycutt. Paul G. Summers, Attorney General and Reporter, Stuart Wilson-Patton, Assistant Attorney General, for appellee, State of Tennessee ex rel. Debbie D. Whitfield. Judge: COTTRELL First Paragraph: Appellant, who was married to the mother at the time of the child's birth, responded to a petition for contempt regarding past due child support with a request to determine paternity of the child. A paternity test is irrelevant in this case because even proof that he is not the child's father would not be a defense to contempt for failure to comply with a valid court order. We affirm the trial court's denial of the request. http://www.tba.org/tba_files/TCA/whitfieldd.wpd GARY D. WILLINGHAM v. GALLATIN GROUP, INC., et al. Court:TCA Attorneys: Richard B. Gossett, Chattanooga, Tennessee, for the appellant, First Tennessee Bank. William R. Wright and Leah May Dennen, Gallatin, Tennessee, for the appellee, Bill Kemp, County Clerk for Sumner County. Joe H. Thompson, Gallatin, Tennessee, for the appellee, Connie Kittrell, Recorder for the City of Gallatin. Judge: KOCH First Paragraph: This appeal involves a dispute between a secured creditor and two local governments regarding the priority of their claims against the proceeds from the sale of the assets of a judicially dissolved corporation. Following a bench trial, the Chancery Court for Sumner County held that the local governments' claims for delinquent business taxes had priority over the claim of the secured creditor. We have determined that the secured creditor's claim should have been given priority over the local governments' claims and, therefore, reverse the judgment. http://www.tba.org/tba_files/TCA/willinghamgd.wpd STATE OF TENNESSEE v. TERESA EVERETT CORRECTED Court:TCCA Attorneys: Rex A. Dale, Lenoir City, Tennessee for the appellant, Teresa Everett. Paul G. Summers, Attorney General and Reporter; Ellen H. Pollack, Assistant Attorney General; J. Scott McCluen, District Attorney General; Roger Delp, Assistant District Attorney, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: Following a trial on September 28, 1998, a Loudon County jury convicted Teresa Everett, the defendant and appellant, of attempt to commit second-degree murder. The trial court subsequently sentenced her to serve fifteen (15) years in the Tennessee Department of Corrections. The defendant presents the following issues on appeal (1) Whether the evidence was sufficient to convict her; (2)Whether the trial court erred by allowing improper impeachment; (3) Whether the trial court erred by allowing a lay-witness to testify to his opinion; (4) Whether the trial court erred by allowing the state to introduce character evidence; (5) Whether the state's closing arguments were improper; and (6) Whether the defendant should be granted a new trial based on newly discovered evidence. Although the evidence is sufficient to support the verdict, we find the cumulative effect of all the remaining errors deprived the defendant of a fair trial. Accordingly, we reverse the judgment of the trial court and remand the case for a new trial. http://www.tba.org/tba_files/TCCA/everettteresa.wpd STATE OF TENNESSEE v. MABEL J. LONGMIRE Court:TCCA Attorneys: A.C. Wharton, Jr., District Public Defender; W. Mark Ward, Assistant Public Defender; Michael Johnson, Assistant Public Defender; and Garland Erguden, Assistant Public Defender, Memphis, Tennessee, for the appellant, Mable J. Longmire. Paul G. Summers, Attorney General and Reporter; Lucian D. Geise, Assistant Attorney General; William L. Gibbons, District Attorney General; Karen Cook, Assistant District Attorney General; and David Pritchard, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant Mabel J. Longmire was convicted by a Shelby County jury of first degree murder, Tenn. Code Ann. S 39-13-202, and sentenced to life imprisonment. Her sole issue on appeal is whether the evidence was sufficient to prove beyond a reasonable doubt that she acted with premeditation when she committed the offense. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/longmiremj.wpd STATE OF TENNESSEE v. COLICO S. WALLS Court:TCCA Attorneys: A.C. Wharton, Jr., Public Defender; Charles Brent Walker (at trial) and W. Mark Ward (on appeal), Assistant Public Defenders, Memphis, Tennessee, for the appellant, Colico S. Walls. Paul G. Summers, Attorney General and Reporter; Lucian D. Geise, Assistant Attorney General; William L. Gibbons, District Attorney General; and Jennifer S. Nichols, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: A Shelby County jury convicted the defendant of felony escape and theft of property over $1,000. The trial court sentenced the defendant to consecutive sentences of four years for escape and seven years for theft, for an effective sentence of eleven years. In this appeal, the defendant alleges (1) the evidence is insufficient to sustain the defendant's conviction for escape; (2) the escape statute is unconstitutionally vague; and (3) the trial court erroneously failed to instruct the jury on attempted escape. The defendant does not challenge his theft conviction. After a thorough review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/wallscs.wpd STATE OF TENNESSEE v. RICKEY WILLIAMS Court:TCCA Attorneys: Edwin C. Lenow, Memphis, Tennessee, for the appellant, Rickey Williams. Paul G. Summers, Attorney General and Reporter; Mark E. Davidson, Assistant Attorney General; William L. Gibbons, District Attorney General; James A. Wax, Jr. and David N. Pritchard, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: Defendant challenges his conviction for premeditated first degree murder for which he received a sentence of life imprisonment. He presents the following issues for our review: (1) whether the evidence was sufficient to support the verdict; (2) whether the trial court erred in admitting evidence of a prior bad act; and (3) whether the trial court erred in admitting hearsay. 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