Opinion Flash

August 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):
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
05 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


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

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