Opinion Flash

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
02	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

ALFRED P. GARIONIS AND WIFE, FLORENCE GARIONIS, VS. ANDRE PRIDE AND
CHARLES M. HOLLAND

Court:TCA

Attorneys:     

Alfred P. Garionis and wife, Florence Garionis, appellants, pro se.

Douglas A. McTyier, Memphis, Tennessee, for the appellee, Charles M.
Holland, and Nathan Kellum, Memphis, Tennessee, for the appellee,
State Auto Insurance Company.

Judge: ACREE

First Paragraph:

The plaintiffs filed a suit for personal injuries arising out of an
automobile accident.  Through their attorney, they reached a
settlement of their claims.  Thereafter, they sought to set aside the
settlement upon the grounds that they had not authorized their
attorney to accept the defendants' offer.  Following an evidentiary
hearing, the trial court found that the plaintiffs had authorized
their attorney to settle the case and entered an order enforcing the
settlement.  We hold that the findings of the trial court are
supported by a preponderance of the evidence and affirm the lower
court.

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

PATRICIA D. PARKS v. JULIE NELSON, et al.

Court:TCA

Attorneys: 

Kevin Wayne Shepard, Maryville, Tennessee, for the Plaintiff/Appellant

Candis D. Lasley, Knoxville, Tennessee, and H. Leo Beale II,
Maryville, Tennessee, for the Defendants/Appellees                         

Judge: GODDARD

First Paragraph:

In this appeal from the Blount County Circuit Court the
Plaintiff/Appellant, Patricia D. Parks, contends that the Trial Court
erred in granting the Motion for Summary Judgment filed by the
Defendants/Appellees, Julie Nelson and Nelson Realtors/ Better Homes
and Gardens, Inc.  Ms. Parks also contends that the Trial Court erred
in failing to grant her motion for continuance and in failing to grant
her motion to accept a late filed deposition.  We affirm the judgment
of the Trial Court and  remand the case for collection of costs below.

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

DALE WESLEY BELL v. STATE OF TENNESSEE

Court:TCCA

Attorneys: 

William Ken Seaton, Selmer, Tennessee, for the Appellant, Dale Wesley
Bell.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Braden H. Boucek, Assistant Attorney General;
Elizabeth T. Rice, District Attorney General; and Jerry W. Norwood,
Assistant District Attorney General, for the Appellee, State of
Tennessee.                         

Judge: HAYES

First Paragraph:

The Appellant, Dale Wesley Bell, appeals from the dismissal of his
petition for post-conviction relief.  In 1999, Bell pled guilty to
nine counts of aggravated burglary and one count of theft in excess of
$10,000.  Bell, a Range III Persistent Offender, received an effective
fifteen-year sentence to be served in the Department of Correction. 
On appeal, Bell challenges the validity of his guilty plea upon
grounds of: (1) voluntariness and (2) ineffective assistance of
counsel.  After review, we affirm the judgment of the McNairy County
Circuit Court dismissing the petition.

http://www.tba.org/tba_files/TCCA/belldalew.wpd

STATE OF TENNESSEE v. JAMES SMITH

Court:TCCA

Attorneys:

Brett B. Stein, Memphis, Tennessee, for the appellant, James Smith.

Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney,
Assistant Attorney General;  and Jerry Kitchen and Greg Gilluly,
Assistant District Attorneys General, for the appellee, the State of
Tennessee.                          

Judge: WADE

First Paragraph:

The defendant, James Smith, was convicted of one count of first degree
murder.  The trial court imposed a sentence of life imprisonment with
the possibility of parole.  In this appeal, the defendant argues (1)
that the evidence was insufficient to support his conviction and (2)
that the trial court erred by admitting certain photographs of the
victim.  The judgment of the trial court is affirmed.

http://www.tba.org/tba_files/TCCA/smithjames.wpd

STATE OF TENNESSEE v. EDDIE LEE TAYLOR

Court:TCCA

Attorneys:

Clayton F. Mayo, Jackson, Tennessee, for the appellant, Eddie Lee
Taylor.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; Jerry Woodall, District Attorney General;
and Jody S. Pickens, Assistant District Attorney General, for the
appellee, State of Tennessee.                          

Judge: WELLES

First Paragraph:

The Defendant, Eddie Lee Taylor, was convicted by a jury of aggravated
robbery.  He was subsequently sentenced as a Range II multiple
offender to sixteen years in the Department of Correction.  In this
appeal as of right, the Defendant contends that the evidence is not
sufficient to support his conviction.  We affirm the judgment of the
trial court.

http://www.tba.org/tba_files/TCCA/taylorel.wpd

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