Opinion FlashJanuary 9, 2002Volume 8 — Number 006 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.
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Howard H. Vogel LANE-DETMAN, L.L.C., et al. v. MILLER & MARTIN, et al. Court:TCA Attorneys: J. Harvey Cameron, Jasper, Tennessee, for the Appellants, Lane-Detman, LLC, Clara Lane and Darlene Lane-Detman. Gary S. Napolitan and D. Scott Bennett, Chattanooga, Tennessee, for the Appellees, Miller & Martin, Miller & Martin, LLP, and W. Scott McGinness, Jr. Samuel L. Felker and Anna M. Grizzle, Nashville, Tennessee, for the Appellee, Choicepoint Services, Inc., f/k/a Equifax Services, Inc. Judge: SWINEY First Paragraph: In 1995, Lane-Detman, LLC, Clara Lane, and Darlene Lane-Detman ("Plaintiffs"), invested $600,000 in two businesses in which Samuel Cooper ("Cooper") had an ownership interest. This investment soured, and in December 1997, Plaintiffs obtained a default judgment against Cooper. Before Plaintiffs invested with Cooper, Plaintiffs' attorney, defendant W. Scott McGinness, Jr. ("Defendant McGinness"), performed a background search on Cooper at the request of Plaintiff Darlene Lane-Detman ("Plaintiff Lane-Detman"). In addition to other investigative efforts, Defendant McGinness had the co-defendant, Equifax Services, Inc. ("Defendant Equifax"), perform a background search on Cooper. Defendant Equifax's report revealed no questionable or negative history on Cooper. After Plaintiffs obtained their default judgment against Cooper, Plaintiffs hired other counsel to assist with collection of the judgment. In 1998, Plaintiffs' new counsel uncovered an abundance of questionable and negative history on Cooper. Thereafter, in 1999, Plaintiffs sued Defendant McGinness and his law firm, Miller & Martin ("Defendant Miller & Martin"), and Defendant Equifax. The Trial Court granted summary judgment to the defendants, finding that Plaintiffs' claim against Defendant Equifax was barred by an exculpatory clause in the contract between Defendant Equifax and Defendant Miller & Martin and that Plaintiffs' claim against Defendants Miller & Martin and McGinness was barred by the statute of limitations. Plaintiffs appeal. We affirm. http://www.tba.org/tba_files/TCA/lanedetman.wpd IN RE: ESTATE OF J. CRAWFORD MURPHY v. ROBERT A. MURPHY, et al. Court:TCA Attorneys: John T. McArthur, and Martha S. L. Black, Maryville, Tennessee, for the Appellant, Matthew Thompson Edward H. Hamilton, Sevierville, Tennessee, for the Appellee, Robert A. Murphy, Executor of the Estate of J. Crawford Murphy Judge: GODDARD First Paragraph: In this case the Probate Court held that the personal representative of the Estate of Mae Thompson Murphy did not have authority to dissent from the will of her husband, J. Crawford Murphy, and thereby take an elective share of his Estate. We find that T.C.A. 31-4-105 gives the personal representative this right and reverse the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/murphyjcra.wpd RICHARD LYNN NORTON v. RANDY ECKMAN Court:TCA Attorneys: Richard Lynn Norton, Pro Se. Tom Anderson, Jackson, Tennessee, for the appellee, Randy Eckman. Judge: FARMER First Paragraph: The Plaintiff, an inmate in a correctional facility, has appealed the trial court's grant of Defendant's motion to dismiss for failure to state a claim upon which relief can be granted. We reverse the order of dismissal and remand to the trial court to dispose of the Plaintiff's summary judgment motion. http://www.tba.org/tba_files/TCA/nortonr.wpd ROBERT A. ATKINS v. JAMES M. DUKES, WARDEN Court:TCCA Attorneys: Robert A. Atkins, Henning, Tennessee, pro se. Paul G. Summers, Attorney General and Reporter; and Peter M. Coughlan, Assistant Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: The petitioner, Robert A. Atkins, appeals the summary dismissal of his petition for writ of habeas corpus by the Lauderdale County Circuit Court. Following a thorough review of the record and applicable law, we reverse the judgment of the circuit court. http://www.tba.org/tba_files/TCCA/atkinsr.wpd STATE OF TENNESSEE v. JEFFERY BOWERS Court:TCCA Attorneys: Jeffery Bowers, Somerville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Elizabeth Rice, District Attorney General; and Thomas M. Minor, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Jeffery Bowers, was convicted of speeding in the Circuit Court of Fayette County. He now appeals to this Court alleging that his conviction should be reversed due to a conflict of interest in the Somerville City Court. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/bowersj.wpd KERRY JOE BRADLEY v. STATE OF TENNESSEE Court:TCCA Attorneys: H. Randolph Fallin and Steve McEwen, Mountain City, Tennessee, for the appellant, Kerry Joe Bradley. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; T. Michel Bottoms, District Attorney General; and Robert C. Sanders, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The petitioner appeals from the denial of his post-conviction relief petition. The trial court found that the petitioner failed to prove by clear and convincing evidence that his guilty plea was not voluntary or that he received ineffective assistance of counsel. The judgment from the trial court is affirmed. http://www.tba.org/tba_files/TCCA/bradleykj.wpd STATE OF TENNESSEE v. PAUL C. MICHAEL Court:TCCA Attorneys: Angela R. Scott, Henderson, Tennessee, for appellant, Paul C. Michael. Paul G. Summers, Attorney General & Reporter; Laura McMullen Ford, Assistant Attorney General; Elizabeth Rice, District Attorney General; and Jerry Norwood, Assistant District Attorney, for appellee, State of Tennessee. Judge: SMITH First Paragraph: On October 19, 2000, the appellant, Paul C. Michael, was convicted by a McNairy County jury of violating the provisions of Tennessee Code Annotated Section 55-10-616, a section of the Motor Vehicle Habitual Offender Act. On November 22, 2000, he was sentenced to two years incarceration suspended after service of ninety days. He brings this appeal claiming his conviction is invalid because the order declaring him an habitual motor vehicle offender was not properly entered pursuant to Tennessee Rule Civil Procedure 58. We hold that an individual must utilize the provisions of Tennessee Rule of Civil Procedure 60.02 to challenge an order declaring the individual an habitual motor vehicle offender. Because the appellant herein did not mount his attack on such an order pursuant to Rule 60.02 the appellant cannot obtain relief. Moreover, the unreasonable amount of time the appellant waited to mount his challenge after having actual notice of the order declaring him an habitual motor vehicle offender precludes relief pursuant to Rule 60.02. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/michaelpaul.wpd STATE OF TENNESSEE v. LIVERGEST MICKENS Court:TCCA Attorneys: A.C. Wharton, Jr., District Public Defender; Michael Johnson, Assistant Public Defender; and Garland Erguden, Assistant Public Defender, Memphis, Tennessee, for the appellant, Livergest Mickens. Paul G. Summers, Attorney General and Reporter; Laura McMullen Ford, Assistant Attorney General; William L. Gibbons, District Attorney General; and Dan Byer, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Livergest Mickens, was convicted by a Shelby County jury of aggravated burglary, and theft of property under five hundred dollars in value. On appeal, Defendant challenges the sufficiency of the evidence to sustain the convictions. After a review of the record and applicable law, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/mickenslopn.wpd KENNETH W. NESBITT v. STATE OF TENNESSEE Court:TCCA Attorneys: Steven L. West and Dwayne D. Maddox III, Huntingdon, Tennessee, for the appellant, Kenneth W. Nesbitt. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; and Robert Radford, District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Kenneth W. Nesbitt, was convicted of two counts of selling cocaine by a Carroll County jury and sentenced to eight years on each count to be served concurrently. He appealed his convictions and this Court affirmed the convictions and the sentences, and our supreme court denied the Defendant's application for permission to appeal. The Defendant then filed a petition for post- conviction relief alleging ineffective assistance of counsel. The trial court dismissed the petition. The Defendant now appeals to this Court alleging that the trial court erred in denying him relief. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/nesbittkw.wpd STATE OF TENNESSEE v. JARRETT SHERRARD SIBERT Court:TCCA Attorneys: Dan Bryant, Public Defender, for the appellant, Jarrett Sherrard Sibert. Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General; and Dale Potter, District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Jarrett Sherrard Sibert, was convicted of attempted first degree murder by a Warren County jury. After a sentencing hearing on January 14, 2000, the trial court sentenced the Defendant as a Range I standard offender to 24 years in the Department of Correction. On appeal, the Defendant argues that (1) the evidence was insufficient to support the jury's verdict of guilty beyond a reasonable doubt and (2) the trial court improperly sentenced the Defendant. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/sibertjs.wpd STATE OF TENNESSEE v. JOHN D. SNEED Court:TCCA Attorneys: Ross E. Alderman, District Public Defender; and Jonathan F. Wing (at hearing), Joseph E. Clifton (at hearing), and C. Dawn Deaner (on appeal), Assistant District Public Defenders, for the appellant, John D. Sneed. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Sharon L. Brox and Roger D. Moore, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant pled guilty in 1998 to delivery of over 0.5 grams of cocaine for an agreed fine of $2,000 and an eight-year sentence, as a Range I standard offender, with the manner of service of the sentence to be determined by the trial court. Following a sentencing hearing, the trial court denied alternative sentencing. In this appeal, the defendant contests this denial. After review, we affirm. http://www.tba.org/tba_files/TCCA/sneedjd.wpd Drug-Free Workplace Program Required by TENN. CODE ANN. S 50-9-113 and Its Effect on Competitively Bid Construction Services for a Local Board of Education Date: January 2, 2002 Opinion Number: 02-001 http://www.tba.org/tba_files/AG/OP1.pdf Governmental Liability for Off-Duty Police Officers Working for Private Security Firms Date: January 2, 2002 Opinion Number: No. 02-002 http://www.tba.org/tba_files/AG/OP2.pdf Disclosure of Social Security Numbers as a Condition for the Issuance of Handgun Carry Permits Date: January 2, 2002 Opinion Number: 02-003 http://www.tba.org/tba_files/AG/OP3.pdf PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN TBALink! SUBSCRIBE TO OPINION FLASH! For the HTML Text Version: UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! To STOP receiving TBALink Opinion-Flash: Home • Contact Us • PageFinder • What's New • Help |
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