Opinion FlashJuly 11, 2002
Volume 8 Number 118
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.
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Howard H. Vogel
CHRISTINE P. BILYEU v. BOBBY K. BILYEU Court:TCA Attorneys: Robert L. Marlow, Shelbyville, Tennessee, for Appellant Bobby K. Bilyeu. Thomas E. Looney, Crossville, Tennessee, for Appellee Christine P. Bilyeu. Judge: FRANKS First Paragraph: The Trial Court ordered the parties divorced and classified and divided marital property. Both parties appeal. We affirm, as modified. http://www.tba.org/tba_files/TCA/bilyeuc.wpd
STATE OF TENNESSEE, ex rel. FRANKIE DAVIS (GANT) v. JASON DAVIS Court:TCA Attorneys: Paul G. Summers, Attorney General & Reporter, Stuart F. Wilson-Patton, Senior Counsel, for Appellant, State of Tennessee, ex rel., Frankie Davis (Gant) No brief submitted by appellee. Judge: CRAWFORD First Paragraph: In this post-divorce proceeding, the State of Tennessee filed a petition against Mr. Jason Davis (hereinafter "Father") for contempt and seeking child support arrears ordered to be paid to the custodial parent, Ms. Frankie Davis (Gant) (hereinafter "Mother"). The trial court granted the State a judgment in the amount of $1,660.00, representing the amount of State assistance paid to the Mother and children, to be liquidated by the Father at the rate of $10.50 per week. The State has appealed. We affirm as modified in part, reverse in part, and remand. http://www.tba.org/tba_files/TCA/davisf.wpd
THE NATIONAL MUTUAL INSURANCE COMPANY v. JO IVORY POLK Court:TCA Attorneys: Jo Ivory Polk, Pro Se James F. Kyle, Karen M. Campbell, Memphis, For Appellee, The National Mutual Insurance Company Judge: CRAWFORD First Paragraph: This is a declaratory judgment action brought by an insurer seeking to void a property insurance policy for alleged misrepresentation in the application for the policy. The insured filed a counter claim seeking recovery under the policy. The trial court granted the insurance company's motion for summary judgment and declared the policy void ab initio. We reverse and remand. http://www.tba.org/tba_files/TCA/mutual.wpd
CAROLYN E. PHELPS v. MICHAEL MCGILL, COMMISSIONER OF THE TENNESSEE DEPARTMENT OF LABOR AND WORKFORCE DEVELOPMENT, et al. Court:TCA Attorneys: Michael G. Tollison, Humboldt, For Appellant, Carolyn E. Phelps Paul G. Summers, Attorney General and Reporter, Warren A. Jasper, Assistant Attorney General, for Appellee, Michael McGill P. Allen Phillips, Jackson, For Appellee, Maytag Jackson Judge: CRAWFORD First Paragraph: Plaintiff was discharged from her employment for making a false statement concerning her health in her application for employment to defendant-employer. The false statement was discovered some years after her employment commenced when she sustained an injury at work which had no relation to the false answers in the application. Plaintiff was denied unemployment benefits because of work-related misconduct which was affirmed by the Board of Review. Plaintiff filed a Petition for Judicial Review in the chancery court. The chancery court affirmed the Board of Review, and plaintiff appeals. We affirm. http://www.tba.org/tba_files/TCA/phelpsc.wpd
LILLARD ANTHONY WATTS v. THE KROGER COMPANY Court:TCA Attorneys: Harry U. Scruggs, Jr., Memphis, For Appellant, Lillard Anthony Watts D. Scott Turner, Memphis, for Appellee, The Kroger Company Judge: CRAWFORD First Paragraph: This is a personal injury case dismissed by the trial court as barred by the statute of limitation because it was filed more than one year after the first voluntary nonsuit. Plaintiff filed a motion to alter or amend the order of dismissal pursuant to Tenn. R. Civ. P. 59.04 and also filed a Tenn. R. Civ. P. 60.02 motion to set aside the orders of nonsuit as invalid. The trial court denied both motions, and plaintiff has appealed. We affirm. http://www.tba.org/tba_files/TCA/wattsl.wpd
STATE OF TENNESSEE v. JOSEPH ANTONIO HOUGH Court:TCCA Attorneys: Joseph Antonio Hough (at trial), Mountain City, Tennessee, Pro Se, and Gerald L. Gulley, Jr. (on appeal), Knoxville, Tennessee, for the appellant, Joseph Hough. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; C. Berkeley Bell, District Attorney General; and Chris Scruggs, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The appellant, Joseph Antonio Hough, was convicted of two counts of delivering cocaine and was sentenced as a Range II offender to a total effective sentence of twenty-three years incarceration in the Tennessee Department of Correction. On appeal, the appellant raises the following issues for our review: (1) whether the trial court committed legal error by allowing the appellant to represent himself, and (2) whether the trial court erred in sentencing the appellant. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/houghja1.wpd
LESTER JOHNSON v. STATE OF TENNESSEE Court:TCCA Attorneys: Julie Waroway, Sevierville, Tennessee (at trial), and Robert M. Burts, Rutledge, Tennessee (on appeal), for the appellant, Lester Johnson. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III, Assistant Attorney General; and Charles E. Atchley, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Lester Johnson, appeals the trial court's denial of his petition for post-conviction relief. In this appeal, the petitioner contends (1) that he was denied the effective assistance of counsel and (2) that the trial judge who presided over the revocation hearing was not impartial. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/johnsonl1.wpd
STATE OF TENNESSEE v. DERRICK WAYNE KEMBEL Court:TCCA Attorneys: Jon A. Anderson, Maryville, Tennessee, for the appellant, Derrick Wayne Kembel. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; and Mike Flynn, District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The appellant, Derrick Wayne Kembel, entered guilty pleas in the Blount County Circuit Court to seven counts of theft and was granted immediate probation. Soon thereafter, the trial court revoked the appellant's probation due to the appellant's failure to comply with the terms of his release. On appeal, the appellant contends that the trial court erred when it revoked his probation and sentenced him to serve the balance of his sentence in incarceration. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/kembelldw.wpd
STATE OF TENNESSEE v. GERALD E. SAYLOR Court:TCCA Attorneys: Clifton L. Corker, Johnson City, Tennessee, for the appellant, Gerald E. Saylor. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; Joe C. Crumley, Jr., District Attorney General; and Victor J. Vaughn, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Gerald E. Saylor, was convicted by a Washington County Criminal Court jury of voluntary manslaughter, a Class C felony, and the trial court sentenced him as a Range III, persistent offender to fifteen years imprisonment. The defendant appeals, claiming that: (1) the evidence is insufficient to support his conviction; (2) the trial court erred in denying his motion to suppress his confession; (3) the trial court erred in excluding testimony that several hours before the killing the victim had stated to a third party that he was going to kill the defendant; (4) the trial court erred in excluding testimony to rebut the state's inference that the defendant planted weapons on the victim and that the victim had made prior threats to the defendant; (5) the trial court erred by failing to declare a mistrial when the jury heard references to his being "on parole" and "on the run"; and (6) the trial court erred in its application of enhancement and mitigating factors to his sentence. Although we conclude that enhancement factor (5) regarding exceptional cruelty should not have been applied, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/saylorge.wpd
JOHN PAUL SEALS v. STATE OF TENNESSEE Court:TCCA Attorneys: Greg W. Eichelman, District Public Defender, for the appellant, John Paul Seals. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney General; and Chris Scruggs, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The petitioner, John Paul Seals, appeals as of right the Hamblen County Criminal Court's denial of his petition for post-conviction relief, which the court deemed to be filed outside of the statute of limitations. He contends that the trial court should have granted his motion for the appointment of an additional psychological expert in order that he might prove that his mental incompetence tolled the statute of limitations. We affirm the trial court's denial of the petition. http://www.tba.org/tba_files/TCCA/sealsjp1.wpd
Unauthorized Practice of Law - Private Right of Action - Standing - Courts - Completion of Form Contracts in the Sale or Lease of Personal Property Date: July 3, 2002 Opinion Number: 02-078 http://www.tba.org/tba_files/AG/2002/OP78.pdf
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