September 20, 2001 Volume 7 — Number 173 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 02 New Opinion(s) from the Tennessee Court of Criminal Appeals 03 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. Howard H. Vogel Knoxville, Tennessee Editor-in-Chief, TBALink STATE EX REL ALICE ELIZABETH DURRANT v. EDWIN BRITTAIN HOWARD, II Court:TCA Attorneys: Jonathan A. Moffatt, Knoxville, Tennessee for Appellant, Alice Elizabeth Durrant. Wanda G. Sobieski, Diane M. Messer, and Nanette J. Landen, Knoxville, Tennessee for Appellee, Edwin Brittain Howard, II. Judge: FRANKS First Paragraph: In this custody dispute, the Trial Court gave custody to the father. The mother appealed. We affirm. http://www.tba.org/tba_files/TCA/durranta.wpd JOE T. JONES V. MARY ANN MCMURRAY, et al. Court:TCA Attorneys: Joe T. Jones, Franklin, Tennessee, pro se Appellant. Maclin P. Davis, Jr., and Terrence O. Reed, Nashville, Tennessee, for the Appellees Mary Ann McMurray and R.E. Lee Davies. Judge: SWINEY First Paragraph: In this malicious prosecution action, Joe T. Jones ("Plaintiff") appeals the Trial Court's grant of summary judgment to the defendants after concluding there was no genuine issue of material fact supporting Plaintiff's allegation of fraud surrounding entry of a judgment against Plaintiff in the underlying lawsuit. We affirm the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/jonesjt.wpd JOHN R. MALONEY, et al. v. MORRISTOWN CLINIC CORP., d/b/a EAST TENNESSEE OB/GYN, P.C., et al. Court:TCA Attorneys: David C. Lee and J.D. Lee, Knoxville, Tennessee, for the appellants, John R. Maloney and Cheryl C. Caruso, individually and as surviving parents of Emily LeAnn Maloney, deceased. Edward G. White, II, and Amy V. Hollars, Knoxville, Tennessee, for the appellees, Morristown Clinic Corp., d/b/a East Tennessee OB/GYN, P.C., and William B. Harris, Jr., M.D. C. J. Gideon, Jr., and Edward A. Hadley, Nashville, Tennessee, for the appellee, Hospital of Morristown, Inc., d/b/a Lakeway Regional Hospital. Judge: SUSANO First Paragraph: This is a wrongful death action based upon alleged medical malpractice. The plaintiffs are the parents of Emily LeAnn Maloney, who died six days after her birth. The trial court dismissed the plaintiffs' claims "for consortium and companionship damages" against the defendants - an obstetrician, his group, and a hospital - all of whom were involved in the birth and subsequent care of the plaintiffs' infant child. We reverse and remand for further proceedings. http://www.tba.org/tba_files/TCA/maloneyjr.wpd PARKS PROPERTIES, et al. v. MAURY COUNTY, et al. Court:TCA Judge: KOCH OPINION DENYING PETITION FOR REHEARING http://www.tba.org/tba_files/TCA/parksproperties.wpd STATE OF TENNESSEE v. STEVEN L. CHRISMAN Court:TCCA Attorneys: Gregory D. Smith (on appeal) and Roger Nell, Public Defender, Clarksville, Tennessee (on appeal and at trial), for the appellant, Steven L. Chrisman. Paul G. Summers, Attorney General & Reporter; Elizabeth T. Ryan, Assistant Attorney General; and Helen Young, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Steven L. Chrisman, was convicted of three counts of aggravated burglary, Class C felonies. See Tenn. Code Ann. S 39-14-403. The trial court imposed concurrent sentences of eight years on each count; required jail confinement of 90 days; and ordered placement in a Community Corrections program for the remainder of the sentence. When the defendant failed to report to his Community Corrections officer, failed to make restitution, and failed to pay costs, the trial court ordered service of the remainder of the sentence in the Department of Correction. In this appeal of right, the defendant contends that the trial court erred by the revocation of his Community Corrections sentence. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/chrismanstevenl.wpd KING DAVID JOHNSON v. STATE OF TENNESSEE Court:TCCA Attorneys: Michael J. Flanagan, Nashville, Tennessee, for the appellant, King David Johnson. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III, Assistant Attorney General; and Robert C. Sanders, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, King David Johnson, appeals the trial court's denial of his petition for post-conviction relief. The issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/johnsonkingdavid.wpd Sheriff's entitlement to fees on first wage garnishment Date: September 11, 2001 Opinion Number: 01-145 http://www.tba.org/tba_files/AG/OP145.pdf Records Concerning HIV Patients Date: September 14, 2001 Opinion Number: 01-146 http://www.tba.org/tba_files/AG/OP146.pdf Establishment of Horizontal Property Regime without Regional Planning Commission's Approval Date: September 14, 2001 Opinion Number: 01-147 http://www.tba.org/tba_files/AG/OP147.pdf 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! 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