August 15, 2001
Volume 7 — Number 149

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
 

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

CLEAR FORK MINING COMPANY v. WILLIE MARLOW, et al. AND WILLIE MARLOW,
et al. v. CARL KING, et al.

Court:TCA

Attorneys:

Timothy P. Webb, Jacksboro, Tennessee, for the Appellant Willie Marlow

W. Lee Asbury, Jacksboro, Tennessee, for the Appellee Jim King

Judge: GODDARD

First Paragraph:

In the case presently on appeal Willie Marlow, et al., seek a court
determination that he is the  owner of certain real estate located in
Campbell County.  The Trial Court, on motion of Jim King, found the
parties had reached an agreement as to the controversy in accordance
with his insistence.  The Trial Court thereupon entered a judgment in
favor of Mr. King.  Mr. Marlow appeals contending enforcement of the
agreement violates the Statute of Frauds and such a resolution was
barred by the six-year Statute of Limitations.  We affirm.

http://www.tba.org/tba_files/TCA/clearforkmining.wpd


JEROME FELIX HAVELY v. ALMEDA MATTHEWS HAVELY Court:TCA Attorneys: David W. Blankenship, Kingsport, Tennessee, for the Appellant, Almeda Matthews Havely. Clinton R. Anderson, Morristown, Tennessee, for the Appellee, Theresa Waller, administratrix for the Estate of Barbara Havely. Judge: SWINEY First Paragraph: In 1983, Jerome Felix Havely and Almeda Matthews Havely were divorced. They had entered into a Property Settlement Agreement which was incorporated into the Judgment of Divorce ("Divorce Judgment"). Neither the Divorce Judgment nor the Property Settlement Agreement mentioned the military pension of Jerome Felix Havely ("Plaintiff"). Approximately one month after the entry of the Divorce Judgment, Almeda Matthews Havely ("Defendant") filed a motion essentially seeking relief under Tenn. R. Civ. P. 60.02 in which she alleged that the Divorce Judgment should be set aside because she had not been aware of her entitlement to Plaintiff's military pension. This motion was dismissed in 1984 by the Trial Court for failure to prosecute. This matter lay dormant for fourteen plus years until Defendant filed two more Rule 60.02 motions. Defendant's third and final Rule 60.02 motion, filed in 1999, is the subject of this appeal. After three notices of hearing were filed, the Trial Court dismissed Defendant's motion without providing its reasons for the dismissal. Defendant appeals. We affirm. http://www.tba.org/tba_files/TCA/havelyjeromef.wpd
IN RE: C.M. b/n/f DANIEL DORIAN McDANIEL v. RICK PHILLIPS Court:TCA Attorneys: Stanley F. LaDuke, Knoxville, Tennessee, for Appellant. Cecilia S. Petersen, Knoxville, Tennessee, for Appellees. Paul G. Summers, Attorney General and Reporter, and Elizabeth C. Driver, Assistant Attorney, General, Nashville, Tennessee, in defense of Tenn. Code Ann. S36-3-617. Judge: FRANKS First Paragraph: The Trial Court subjected defendant to a protective order pursuant to Tenn. Code Ann. S36-3-601 et seq. Defendant claimed a portion of the statute was unconstitutional, the Court lacked subject matter jurisdiction, and the evidence did not establish a basis to issue the Order. On appeal, we affirm. http://www.tba.org/tba_files/TCA/inrecm.wpd
HENRY WITT, et ux, v. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY Court:TCA Attorneys: Richard A. Fisher, Cleveland, Tennessee, for Appellants, Henry Witt and wife, Margaret Witt. Douglas M. Campbell, Chattanooga, Tennessee, for Appellee, Tennessee Farmers Mutual Insurance Company. Judge: FRANKS First Paragraph: The Trial Court refused to grant plaintiffs relief from a Judgment pursuant to Tenn. R. Civ. P. 59 or 60. Defendant has appealed. We affirm the Trial Court. http://www.tba.org/tba_files/TCA/witth.wpd
STATE OF TENNESSEE v. THOMAS DEE HUSKEY Court:TCCA Attorneys: Herbert S. Moncier and Gregory P. Isaacs, Knoxville, Tennessee, for the appellant, Thomas Dee Huskey. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Erik W. Daab, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Jennifer Welch, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Thomas Dee Huskey, brings this interlocutory appeal, contending that the double jeopardy protections of the United States and Tennessee Constitutions bar a retrial following the jury's deadlock on four counts of first degree murder. He argues that the trial court failed to declare a mistrial and manifest necessity did not compel one, that prosecutorial misconduct and judicial overreaching precipitated the jury's inability to reach a verdict, and that the trial court erroneously failed to accept the jury's special verdicts. We conclude that double jeopardy does not bar a retrial. http://www.tba.org/tba_files/TCCA/huskeytd524.wpd
STATE OF TENNESSEE v. HARRY M. NIMMONS Court:TCCA Attorneys: David L. Hull, Knoxville, Tennessee, for the Appellant, Harry M. Nimmons. Paul G. Summers, Attorney General & Reporter; Mark A. Faulks, Assistant Attorney General; Randall E. Nichols, District Attorney General; Kevin James Allen, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The state appeals from the Knox County Criminal Court's dismissal of a three-count presentment against the defendant, Harry M. Nimmons. The trial court premised its dismissal of the presentment upon the lack of a preliminary hearing prior to return of the presentment, although the court found that the lack of a preliminary hearing was not attributable to bad faith by the state. Because there was no showing of bad faith by the state, we reverse the trial court's order and reinstate the presentment against the defendant. http://www.tba.org/tba_files/TCCA/nimmonshm.wpd
STATE OF TENNESSEE v. DONALD PAUL PRESLEY Court:TCCA Attorneys: J. Thomas Marshall, Jr., Clinton, Tennessee, for the appellant, Donald Paul Presley. Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann, Assistant Attorney General; James N. Ramsey, District Attorney General; and Jan Hicks, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The appellant, Donald Paul Presley, pled guilty in the Anderson County Criminal Court to voluntary manslaughter, a class C felony. Pursuant to a plea agreement, the trial court sentenced the appellant as a Range I standard offender to four years incarceration in the Tennessee Department of Correction. Moreover, following a sentencing hearing, the trial court ordered that the appellant serve his entire sentence in confinement. The appellant now appeals the trial court's denial of any form of alternative sentencing. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/presleydp.wpd

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