Opinion FlashAugust 15, 2002
Volume 8 Number 142
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.This Issue (IN THIS ORDER):
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version.
Howard H. Vogel
KASIEA DELAWN CHANCE, et al. v. CARL DENNIS GIBSON, JR. Court:TCA Attorneys: Scott D. Hall, Sevierville, Tennessee, for the Appellants, Kasiea Delawn Chance and Kayla D. Leonard Keith E. Haas, Sevierville, Tennessee, for the Appellee, Carl Dennis Gibson, Jr. Judge: GODDARD First Paragraph: This is a suit by Kasiea Delawn Chance, adult daughter of Kayla D. Leonard, and Ms. Leonard, who joins in the prosecution of this suit against Carl Dennis Gibson, Jr., seeking to establish his paternity as to Ms. Chance and recover support from the date of Ms. Chance's birth, medical expenses incident thereto, and attorney fees. We affirm in part; vacate in part and remand. http://www.tba.org/tba_files/TCA/chancekas.wpd
WALLACE FORSYTHE v. TIMOTHY GIBBS Court:TCA Attorneys: Luvell L. Glanton and William H. Stover, Nashville, Tennessee, for the appellant, Wallace Forsythe. Paul L. Sprader, Nashville, Tennessee, for the appellee, Timothy Gibbs. Judge: CANTRELL First Paragraph: A laborer injured on the job during horseplay initiated by his employer claimed that he was entitled to damages in tort for his employer's actions. The trial court dismissed the suit, ruling that the plaintiff was bound by the exclusive remedy provisions of the Workers' Compensation Statute. We affirm. http://www.tba.org/tba_files/TCA/forsythew.wpd
RITA JO FINDLEY JONES v. CLINTON GARLAND JONES Court:TCA Attorneys: Vivian E. Warner, Crossville, and Allison M. Barker, Crossville, for the appellant, Clinton Garland Jones. James S. Smith, Jr., Rockwood, for the appellee, Rita Jo Findley Jones. Judge: SUSANO First Paragraph: In this divorce case, the issues raised on appeal all pertain to the trial court's alimony award. That court awarded Rita Jo Findley Jones ("Wife") alimony of $756 per month "until the death or remarriage of [Wife] or until such time as the court modifies its order in this regard." Clinton Garland Jones ("Husband") appeals, contending that Wife is not entitled to alimony; that, if she is entitled to spousal support, she should be awarded rehabilitative alimony rather than alimony in futuro; and that, in any event, $756 per month "is excessive." We modify the trial court's award of alimony. As modified, it is affirmed. http://www.tba.org/tba_files/TCA/jonesrjf.wpd
P.E.K. v. J.M. and C.Y.M. Court:TCA Attorneys: Scott C. Williams, Stephanie S. Maxwell, Columbia, For Appellants, J.M. and C.Y.M. Paul A. Bates, William M. Harris, Lawrenceburg, For Appellee, P.E.K. Judge: CRAWFORD First Paragraph: This case, before this Court for the second time, involves an interstate battle between never- married parents over custody of a minor daughter. The trial court found that under the provisions of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), the trial court had jurisdiction of the custody dispute and entered judgment awarding custody of the minor daughter to the Petitioner-Father. Mother has appealed. We affirm in part, reverse in part, and remand. http://www.tba.org/tba_files/TCA/pek.wpd
RICHARD TAYLOR, ANITA TAYLOR, and CLINTON LYNN TAYLOR, v. STEVEN WAYNE BURLESON, BILLY FARRELL SNYDER and FARRELL E. SNYDER, et al. Court:TCA Attorneys: Thomas C. McKee, Johnson City, Tennessee, for Appellants, Richard Taylor, Anita Taylor and Clinton Lynn Taylor. Earl R. Booze, Johnson City, Tennessee, for Appellee, Linda Zollinger. Judge: FRANKS First Paragraph: In this declaratory judgment action, plaintiffs lot owners, sought to invalidate subdivision restrictive covenants on grounds other lot owners had violated the restrictions. The Trial Court refused. We affirm. http://www.tba.org/tba_files/TCA/taylorr.wpd
STATE OF TENNESSEE v. STEVEN DAVID BROOKS Court:TCCA Attorneys: Aubrey L. Davis, Assistant Public Defender, Knoxville, Tennessee, for the Appellant, Steven David Brooks. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Randall E. Nichols, District Attorney General; Kevin J. Allen, Assistant District Attorney General; Charme Johnson Knight, Assistant District Attorney General; Leland L. Price, Assistant District Attorney General; and Robert Headrick, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Knox County jury convicted the Defendant of three counts of rape of a child and of two counts of rape. The trial court sentenced the Defendant to twenty-three years for each rape of a child conviction and to ten years for each rape conviction. All sentences were to be served concurrently, for an effective sentence of twenty-three years. The Defendant now appeals, arguing the following: (1) that the trial court erred by not severing the offenses involving different victims, (2) that the evidence presented at trial was insufficient to convict the Defendant of the charged offenses, and (3) that the cumulative error during the proceedings deprived the Defendant of a fair trial and due process of law. Concluding that the trial court's failure to sever the offenses was error and that the error was not harmless, we reverse the judgments of the trial court, sever the offenses by victim, and remand for new trials. http://www.tba.org/tba_files/TCCA/brookssd.wpd
STATE OF TENNESSEE v. MAURICE LASHAUN NASH Court:TCCA Attorneys: C. Michael Robbins, Memphis, Tennessee, for the Appellant, Maurice Lashaun Nash. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Kim R. Helper, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Ryan Brown, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Maurice Lashaun Nash, appeals his conviction by a Tipton County jury for facilitation of possession of marijuana, a schedule VI controlled substance, with intent to deliver, a class A misdemeanor. On appeal, Nash raises the following issues for our review: (1) whether the trial court erred by denying his motion to suppress, and (2) whether the evidence in the record is insufficient as a matter of law to sustain his conviction. After a review of the record, we find plain error in the trial court's instruction to the jury charging the offense of facilitation, as this lesser offense was not fairly raised by the evidence. Accordingly, Nash's conviction is reversed and remanded for a new trial upon the lesser offense of class A simple possession. http://www.tba.org/tba_files/TCCA/nashm.wpd
STATE OF TENNESSEE v. JACK ROGER NORTON Court:TCCA Attorneys: Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; Joe Crumley, District Attorney General; and Steve Finney, Assistant District Attorney General, for the appellant, State of Tennessee. James T. Bowman, Johnson City, Tennessee, for the appellee, Jack Roger Norton. Judge: WOODALL First Paragraph: The State has appealed from the trial court's order granting the Motion to Suppress filed by Defendant, Jack Roger Norton. Defendant is the owner of a tavern in Washington County, which was the subject of a valid search warrant. It is undisputed that the officers did not "knock and announce" prior to their entry into the building to execute the warrant. This failure was the basis of the trial court's ruling. After a thorough review of the record, the applicable law, and based upon the specific, narrow issue presented, we reverse the judgment of the trial court. http://www.tba.org/tba_files/TCCA/nortonj.wpd
PLEASE FORWARD THIS E-MAIL!
GET A FULL-TEXT COPY OF AN OPINION!
JOIN THE TENNESSEE BAR ASSOCIATION!
SUBSCRIBE TO OPINION FLASH!
UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi
Home Contact Us PageFinder What's New Help
© Copyright 2002 Tennessee Bar Association