August 27, 2001
Volume 7 — Number 157

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
03 New Opinion(s) from the Tennessee Court of Appeals
02 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

LONNIE GEORGE PATE v. CYNTHIA MARIE PATE

Court:TCA

Attorneys:

W. Andrew Yarbrough, Waynesboro, Tennessee, for the appellant, Lonnie
George Pate.

George G. Gray, Waynesboro, Tennessee, for the appellee, Cynthia Marie
Pate.

Judge: KOCH

First Paragraph:

This appeal involves the dissolution of a 23-year marriage.  The
husband first filed a petition for divorce in the Chancery Court for
Wayne County alleging that the wife was chemically dependent and had
committed adultery.  The wife counterclaimed for divorce, alleging
that the husband had abused her physically and psychologically during
the marriage.  Following a bench trial, the trial court declared the
parties divorced in accordance with Tenn. Code Ann. S 36-4-129(b)
(Supp. 2000) and divided the remaining disputed items of marital
property.  On this appeal, the husband asserts (1) that there is no
evidentiary foundation for the trial court's finding that the wife had
suffered physical and psychological abuse throughout the marriage, (2)
that the trial court erred by declaring the parties divorced, and (3)
that the division of the marital estate was inequitable.  We have
concluded that the evidence does not preponderate against the trial
court's finding that the husband engaged in inappropriate conduct
during the marriage and, therefore, that the trial court did not err
by declaring the parties divorced.  We have also concluded that the
trial court erred by awarding the wife more than an equal share of the
value of the marital residence and by failing to award the husband an
equal share of the remaining disputed items of marital property. 
Therefore, we modify the division of the marital estate accordingly.

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




G. KLINE PRESTON, IV v. GARRETT REALTY SERVICE, INC. Court:TCA Attorneys: Lawrence D. Wilson, Nashville, Tennessee, for the appellant, G. Kline Preston, IV. Michael Castellarin, Nashville, Tennessee, for the appellee, Garrett Realty Service, Inc. Judge: CAIN First Paragraph: This matter comes to us on appeal from summary judgment granted due to Tennessee's lack of personal jurisdiction over Defendant. Plaintiff attempted to rent a condominium in Florida and sued Defendant in Tennessee for breach of contract after Defendant discovered a mistake in the quoted price and refused to rent the condo to Plaintiff for the quoted price. The circuit court determined that Tennessee had no personal jurisdiction over Defendant and dismissed the case. We affirm. http://www.tba.org/tba_files/TCA/prestongkline.wpd
TARRANCE ROBINSON v. NEIL CLEMENT, et al. Court:TCA Attorneys: Tarrance Robinson, Nashville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Stephanie R. Reevers, Associate Deputy Attorney General; Nashville, Tennessee, for the appellees, Neil Clement, James Gary, Brenda Morrison, and Betty Preston. Judge: KOCH First Paragraph: This appeal involves a state prisoner housed at the Riverbend Maximum Security Institution who was disciplined for possessing a deadly weapon. After exhausting his internal appeals, the prisoner filed a common-law writ of certiorari in the Chancery Court for Davidson County, alleging that the disciplinary proceedings had violated his due process rights. The trial court granted the State's motion to dismiss the petition. On this pro se appeal, the prisoner asserts that the trial court erred by dismissing his petition. We have determined that the prisoner's petition does not state a claim upon which relief can be granted and, therefore, affirm the trial court. http://www.tba.org/tba_files/TCA/robinsont.wpd
STATE OF TENNESSEE v. CHARLES R. BLACKSTOCK Court:TCCA Attorneys: C. Leland Davis and David W. Wallace, Chattanooga, Tennessee, attorneys for the appellant, Charles R. Blackstock. Paul G. Summers, Attorney General & Reporter; Angele M. Gregory, Assistant Attorney General; and Kelli L. Black and Rodney C. Strong, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Charles R. Blackstock, pled guilty to especially aggravated kidnapping and two counts of rape of a child. See Tenn. Code Ann. SS 39-13-305, 39-13-522. The trial court imposed 25-year sentences on each offense. The sentences were ordered to be served consecutively, for an effective sentence of 75 years. The sentence for especially aggravated kidnapping and the consecutive sentencing order are affirmed. Because the trial court erroneously applied certain enhancement factors to each of the sentences for rape of a child, the terms are modified to 23 years. http://www.tba.org/tba_files/TCCA/blackstock.wpd
STATE OF TENNESSEE v. GEORGE E. RATLIFF Court:TCCA Attorneys: Steve McEwen, Mountain City, Tennessee (on appeal); and David F. Bautista, District Public Defender; Jeffrey C. Kelly, Assistant Public Defender; and Deborah Huskins, Assistant Public Defender, Johnson City, Tennessee (at trial), for the appellant, George E. Ratliff. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; Joe C. Crumley, Jr., District Attorney General; Steve Finney, Assistant District Attorney General; Lisa Rice, Assistant District Attorney General; Victor Vaughn, Assistant District Attorney General; and Janet Hardin, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: The defendant, George E. Ratliff, was convicted by a jury of rape of a child. In this consolidated appeal, Defendant alleges various errors by the trial court, challenges his sentence, and appeals the dismissal of his petition for writ of error coram nobis on the ground of untimely filing. After a review of the record and applicable law, we reverse the trial court's summary dismissal of the petition for writ of error coram nobis based on the recent decision of our supreme court in Workman v. State, 41 S.W.3d 100 (Tenn. 2001). We remand this matter to the trial court for a hearing on the merits of the petition for writ of error coram nobis. Pursuant to State v. Mixon, 983 S.W.2d 661 (Tenn. 1999), appellate proceedings on Defendant's appeal as of right from his conviction are stayed, pending the trial court's ruling on the error coram nobis petition. http://www.tba.org/tba_files/TCCA/ratliffgeorgee.wpd

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