March 16, 2001 Volume 7 -- Number 049 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 06 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 IN RE: JJC Court:TCA Attorneys: Stewart M. Crane, Loudon, Tennessee, for Respondent-Appellant. Paul G. Summers, Attorney General and Reporter, and Douglas Earl Dimond, Assistant Attorney General, Nashville, Tennessee, for State of Tennessee, Department of Children's Services. Theodore Kern, Knoxville, Tennessee, for Petitioners-Appellees. Judge: FRANKS First Paragraph: The Trial Court terminated the father's parental rights. Father argued below and on appeal, that the part of the UCCJA which gave the court jurisdiction of the matter is unconstitutional. We affirm. http://www.tba.org/tba_files/TCA/adoptofjjc.wpd PATRICIA K. BAKER, individually and PATRICIA K. BAKER, d/b/a PATTY'S PAMPERED NAILS, v. TIFFANY HOOPER (MOATES), and JULIA RENAE ELLISON, and ANNETTE GOINES, and DAWN WEIR, and ANNETTE GOINES and DAWN WEIR as co-owners of and d/b/a VOGUE BEAUTY SALON Court:TCA Attorneys: Vance L. Baker, Jr., Athens, Tennessee, for Appellants. Steven B. Ward, Madisonville, Tennessee, for Appellee, Dawn Weir. Larry B. Nolen, Athens, Tennessee, for Appellee, Annette Goines Johnson. H. Chris Trew, Athens, Tennessee, for Appellees, Tiffany Hooper (Moates) and Julia Renae Ellison. Judge: FRANKS First Paragraph: Plaintiff appeals the Court's modification of her non-competition agreement with defendants and the amount of damages awarded, as well as the Court's refusal to recuse. We affirm. http://www.tba.org/tba_files/TCA/bakerp.wpd LAVONDA KAY CABLE v. LOWE'S OF JOHNSON CITY, INC. Court:TCA Attorneys: John B. Curtis, Jr., Chattanooga, Tennessee, for the Appellant, Lowe's of Johnson City, Inc. M. Stanley Givens, Johnson City, Tennessee, for the Appellee, Lavonda Kay Cable Judge: GODDARD First Paragraph: Lowe's of Johnson City, Inc., filed a Rule 60 motion seeking to set aside a default judgment rendered against it on the grounds of mistake, inadvertence or excusable neglect. The Trial Court overruled the motion and Lowe's appeals. We affirm. http://www.tba.org/tba_files/TCA/cablelav.wpd MILLISA MARTINEZ individually and ex rel. AARON CHAVEZ, et al. v. CHARLES MARTINEZ, et al. Court:TCA Attorneys: John B. Curtis, Jr., Chattanooga, Tennessee, for the Appellant, Lowe's of Johnson City, Inc. M. Stanley Givens, Johnson City, Tennessee, for the Appellee, Lavonda Kay Cable Judge: SUSANO First Paragraph: This case presents a question of first impression. We are asked to decide whether, and, if so, under what circumstances, a driver who motions to another driver intending to turn left in front of the signaling driver can be assigned fault in the event of a resulting accident. In the instant case, the trial court granted the signaling driver summary judgment, finding on the facts before it that there could be no liability. We find that summary judgment is not appropriate and accordingly vacate the trial court's judgment and remand for further proceedings. http://www.tba.org/tba_files/TCA/chaveza.wpd IN THE MATTER OF: RAY ALLEN SMITH Court:TCA Attorneys: Ray Allen Smith, Wartburg, Tennessee, Appellant, Pro Se Judge: First Paragraph: GODDARD This is a suit by an inmate to have his last name changed to that of his mother's maiden name. Upon the incarcerated Petitioner not appearing when the case was called for trial, it was dismissed. We vacate and remand. http://www.tba.org/tba_files/TCA/smithray.wpd JUDY HALL TRAVIS v. KENNETH D. TRAVIS, JR. Court:TCA Attorneys: C. Dwaine Evans, Morristown, Tennessee, for the Appellant, Judy Hall Travis. Janice H. Snider, Morristown, Tennessee, for the Appellee, Kenneth D. Travis, Jr. Judge: GODDARD First Paragraph: This appeal from the Hamblen County Chancery Court questions whether the Trial Court erred in finding that a portion of the value of the marital residence is the separate property of the Appellee, Kenneth D. Travis, Jr.,and whether the Trial Court abused its discretion by allowing Mr. Travis to claim the parties' minor children as dependents for federal income tax purposes, by failing to award the parties joint custody of their minor children, and in setting Mr. Travis's visitation schedule. We reverse in part, affirm in part and remand for further proceedings, if any, consistent with this opinion. We adjudge costs of the appeal against Judy Hall Travis and Kenneth D. Travis, Jr. equally. http://www.tba.org/tba_files/TCA/travisjud.wpd STATE OF TENNESSEE v. HOWARD BUCHANAN Court:TCCA Attorneys: Gregory D. Smith, Clarksville, Tennessee; and Christopher L. Young, Charlotte, Tennessee; for the appellant, Howard Buchanan. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; and Suzanne M. Lockert, Assistant District Attorney General; for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: In 1998, a Dickson County jury found the Defendant guilty of aggravated kidnapping, assault, and evading arrest. The trial court sentenced him as a Range II multiple offender to eighteen years for aggravated kidnapping; eleven months, twenty-nine days for assault; and eleven months, twenty-nine days for evading arrest. The trial court ordered the sentences to be served concurrently and set the Defendant's release eligibility status at thirty-five percent. However, the trial court subsequently amended the judgment to comply with Tennessee Code Annotated S 40-35-501(i) and ordered that the Defendant serve one hundred percent of his sentence. The Defendant now appeals the judgment of the trial court, arguing (1) that the evidence presented at trial was insufficient to support his conviction for aggravated kidnapping; and (2) that the trial court improperly amended the judgment in his case. We conclude that the evidence was sufficient to support the Defendant's conviction for aggravated kidnapping and that the trial court's amendment of the judgment was proper. We therefore affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/buchananh.wpd STATE OF TENNESSEE v. DONALD DAVIS Court:TCCA Attorneys: John S. Colley, III, Columbia, Tennessee, for the appellant, Donald Davis. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and John W. Price, III, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant, Donald Davis, was convicted by a Rutherford County jury of felony possession of cocaine over twenty-six grams with intent to sell (a Class B felony) and possession of marijuana (a Class A misdemeanor). The Defendant was sentenced as a Range II, multiple offender to fifteen years for the felony conviction and to eleven months and twenty-nine days for the misdemeanor conviction. The sentences were to be served consecutively to any prior sentences. The Defendant now appeals, arguing that the State failed to properly identify him in court as the person who committed the crimes that were charged. After reviewing the record, we conclude that the State adequately identified the Defendant as the perpetrator of the crimes charged. http://www.tba.org/tba_files/TCCA/davisd.wpd JOHN WATERS, a.k.a. JONATHAN ELLIS, v. STATE OF TENNESSEE Court:TCCA Attorneys: Theodora A. Pappas, Nashville, Tennessee, for the Appellant, John Waters, a.k.a. Jonathan Ellis. Paul G. Summers, Attorney General and Reporter; Marvin E. Clements, Jr., Assistant Attorney General; Victor S. Johnson, District Attorney General; and Pamela Anderson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: This appeal follows the dismissal of the Appellant's petition for post-conviction relief. The Appellant entered a guilty plea to second degree murder and was sentenced to thirty years in the Tennessee Department of Correction with no release eligibility. Thereafter, the Appellant filed a petition for post-conviction relief, alleging that his guilty plea was not entered into knowingly because he received ineffective representation from his attorneys. The post-conviction court denied relief. We conclude that the Appellant was effectively represented and entered his guilty plea knowingly and voluntarily. Therefore, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/watersj.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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