Opinion Flash

May 2, 2002
Volume 8 — Number 076

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
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


GEORGE B. ALDER, JR. v. BILLY JACK BIBLE, et al.

Court:TCA

Attorneys:

Edwin Z. Kelly, Jr., Jasper, Tennessee, for the appellant, George B.
Alder, Jr.

Jerry B. Bible, Jasper, Tennessee, for the appellees, Billy Jack Bible
and Hylis Bible.                       

Judge: CANTRELL

First Paragraph:

The plaintiff sued adjoining landowners asking the court to establish
the boundary line between the two properties.  The Chancery Court of
Marion County held that the line originally ran where the plaintiff
claimed but that the plaintiff's claim was barred by laches and
adverse possession.  We affirm.

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

DOUG JONES v. EDDIE GILLETTE, SR., et al.

Court:TCA

Attorneys:

Catherine Marie White, Chattanooga, Tennessee, for the Appellants,
Eddie Gillette, Sr., and Vivian Gillette

Erskine Patterson Mabee, Chattanooga, Tennessee, for the Appellee,
Doug Jones                          

Judge: GODDARD

First Paragraph:

The Defendants/Appellants, Eddie Gillette, Sr., and Vivian Gillette,
the maternal grandparents of A.B.J., contend that the Trial Court
abused its discretion when it granted custody of A.B.J. to her father,
the Plaintiff/Appellee, Doug Jones.  The Gillettes further contend
that the Trial Court abused its discretion when it denied their oral
motion to stay enforcement of its judgment pending appeal and when it
denied their oral motion to award them visitation pending appeal. We
affirm the judgment of the Trial Court.

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

JERRY L. LUSTER v. B. CAMPBELL SMOOT

Court:TCA

Attorneys:

Jerry L. Luster, Whiteville, Tennessee, Pro Se.

H. Thomas Parsons, Manchester, Tennessee, for the appellee, B.
Campbell Smoot.                        

Judge: CANTRELL

First Paragraph:

A prisoner filed a civil rights intimidation suit against a public
defender who uttered a racial slur during a recess in the plaintiff's
criminal trial.  The trial court granted summary judgment to the
public defender.  We affirm.

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

ANTONIO SWEATT v. TENNESSEE DEPARTMENT OF CORRECTION

Court:TCA

Attorneys:

Antonio Sweatt, Nashville, Tennessee, Pro Se.

Paul Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; Mark A. Hudson, Senior Counsel, for the appellee,
State of Tennessee.

Judge: CANTRELL

First Paragraph:

An inmate sued the Department of Correction and three of its officials
in forma pauperis, claiming that the defendants conspired to violate
his constitutional rights by housing him in conditions where he was
exposed to second-hand smoke.  The trial court dismissed his complaint
as barred by the doctrine of res judicata, declared it be frivolous,
and enjoined him from filing any more claims because he failed to pay
the court costs as required under the provisions of Tenn. Code. Ann. S
41- 21-801, et seq.  We affirm.

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

YASMOND FENDERSON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Leslie M. Jeffress, Knoxville, Tennessee, for the Appellant, Yasmond
Fenderson.

Paul G. Summers, Attorney General & Reporter; Angele M. Gregory,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and G. Scott Green, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The petitioner, Yasmond Fenderson, filed a petition for
post-conviction relief to challenge his Knox County convictions of
second-degree murder and conspiracy to commit second-degree murder. 
The post-conviction court conducted an evidentiary hearing but denied
post-conviction relief.  The petitioner appeals and claims the
ineffective assistance of trial counsel.  Finding that the record
supports the post-conviction court's denial of relief, we affirm.

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

STATE OF TENNESSEE v. JACQUIE UPCHURCH GIARDINA

Court:TCCA

Attorneys:

R. Russell Mattocks, Assistant Public Defender, Morristown, Tennessee,
for the Appellee, Jacquie Upchurch Giardina.

Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III,
Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney
General; and Jack Marecic, Assistant District Attorney General, for
the Appellee, State of Tennessee.                        

Judge: WITT

First Paragraph:

Convicted by a jury of third-offense driving while under the influence
(DUI), the defendant, Jacquie Upchurch Giardina, challenges on appeal
the sufficiency of the convicting evidence and her sentence of eleven
months and 29 days to be served in confinement.  Discerning no error,
we affirm the conviction and the sentence.

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

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