Opinion FlashAugust 21, 2002
Volume 8 Number 146
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
MARTHA BOWEN LANGSCHMIDT v. CARL H. LANGSCHMIDT (Original opinion filed July 9, 2002; current opinion substituted for original.) Court:TSC Attorneys: John F. Heflin, III, and Kenneth P. Jones, Memphis, Tennessee, for the Appellant, Martha Bowen Langschmidt. Kathy Laughter Laizure and Roscoe A. Feild, Memphis, Tennessee, for the Appellee, Carl H. Langschmidt. Judge: DROWOTA First Paragraph: We granted permission to appeal in this divorce case to determine: (1) Whether the Court of Appeals erred in holding that the appreciation of a spouse's separate investment accounts during the marriage is separate property since the appreciation in value was entirely market-driven; (2) whether the Court of Appeals erred in failing to consider whether the commingling of marital earnings with separate property converts the separate property into marital property; (3) whether the increase in value of a spouse's separate Individual Retirement Account ("IRA") during the marriage is automatically marital property under Tenn. Code Ann. S 36-4-121(b)(1)(B) when the IRA is funded entirely with premarital earnings; (4) whether the Court of Appeals erred in holding that the trial court's division of the IRA was equitable; (5) whether the Court of Appeals erred in reversing the trial court's award of attorney's fees; and (6) whether the Court of Appeals erred in failing to remand this case for a determination of rehabilitative alimony. For the following reasons, we hold that the appreciation of a spouse's separate investment accounts remains separate property when the appreciation is entirely market-driven and the other spouse does not substantially contribute to the preservation and appreciation of the accounts. We also hold that the appreciation of a spouse's IRA during the marriage is separate property when funded completely with premarital earnings and absent substantial contribution by the other spouse to the preservation and appreciation of the IRA. Finally, we remand to the trial court to determine whether marital earnings were commingled with separate assets in this case, whether rehabilitative alimony is appropriate now that the above-mentioned assets are deemed separate property, whether an award of attorney's fees is appropriate, and whether the distribution of the remaining marital property is equitable given our decision in this case. Therefore the judgment of the Court of Appeals is affirmed in part and reversed in part, and this case is remanded. http://www.tba.org/tba_files/TSC/langschmidtrevised.wpd
JUDY C. BURROUGHS, INDIVIDUALLY, AND AS SURVIVING SPOUSE AND PERSONAL REPRESENTATIVE OF THE ESTATE OF HAROLD L. BURROUGHS, DECEASED v. ROBERT W. MAGEE, M.D. Court:TCA Attorneys: J. Houston Gordon and Jason G. Whitworth, Covington, Tennessee, for the Appellant, Judy C. Burroughs. Hubert B. Jones and Gary H. Nichols, Dyersburg, Tennessee, for the Appellee, Robert W. Magee, M.D. Judge: LILLARD First Paragraph: This is a personal injury and wrongful death case. The plaintiff and her husband were involved in an automobile accident. The plaintiff sued the driver of the other vehicle for her husband's wrongful death as well as for injuries she sustained in the accident. The plaintiff named the driver's physician as an additional tortfeasor, alleging that the physician negligently prescribed drugs to a known drug addict, negligently prescribed two contraindicated drugs, and negligently failed to warn his patient of the risks of driving while under the influence of the drugs. The trial court granted the physician's motion for summary judgment on the grounds that the physician had no duty to unidentifiable third parties such as the plaintiff. We affirm in part and reverse in part, finding that the physician owed a duty to the plaintiff and the decedent to warn his patient of the risks of driving while under the influence of the prescribed drugs. http://www.tba.org/tba_files/TCA/burroughsj1.wpd
STATE OF TENNESSEE v. JEFF L. COURTNEY, III Court:TCCA Attorneys: Paul G. Whetstone, Morristown, Tennessee, for the Appellant, Jeff L. Courtney, III. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney General; and Paige Collins, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Hamblen County Grand Jury indicted the Defendant, Jeff L. Courtney, III, for one count of driving under the influence, per se and for one count of driving under the influence, second offense. A Hamblen County jury convicted the Defendant of driving under the influence, second offense, and the trial court imposed a sentence of eleven months and twenty-nine days. The Defendant now appeals his conviction, arguing that the trial court improperly commented on the evidence at trial, that the trial court improperly instructed the jury, and that the evidence presented at trial was insufficient to support the Defendant's conviction. We conclude that the trial court did not improperly comment on the evidence, that the jury instructions were proper, and that sufficient evidence was presented at trial to support the Defendant's conviction. Therefore, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/courtneyjl.wpd
STATE OF TENNESSEE v. RICKY RAY HUMPHREY Court:TCCA Attorneys: Timothy P. Webb, Jacksboro, Tennessee, for the appellant, Ricky Ray Humphrey. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, Assistant Attorney General; William Paul Phillips, District Attorney General; and Michael Ripley, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: On October 19, 2000, the Defendant entered "best interest" guilty pleas to two counts of child abuse and neglect and three counts of indecent exposure. Pursuant to his plea agreement, the Defendant received five sentences of 11 months and 29 days to be served at 75%. The plea agreement apparently contemplated a hearing to determine the manner of service of the sentence. Following a hearing, the trial court ordered the Defendant to serve a split sentence on the first count with three months to be served on county work release and the balance of the sentence to be served on supervised probation. The court ordered each of the remaining sentences to be served on probation and consecutive to the split sentence, for an effective sentence of five years. It is from this order the Defendant now appeals as of right. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/humphreyrr.wpd
CLESSIE T. JACO, JR. v. STATE OF TENNESSEE Court:TCCA Attorneys: John S. Colley, III, Columbia, Tennessee, for the Appellant, Clessie T. Jaco, Jr. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Kim R. Helper, Assistant Attorney General; T. Michael Bottoms, District Attorney General; Larry Nickell, Jr., Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Clessie T. Jaco, Jr., appeals the Maury County Circuit Court's dismissal of his petition for post-conviction relief. In 1997, Jaco pled guilty to two counts of attempted rape. Following a sentencing hearing, Jaco, a Range I Standard Offender, received two consecutive six- year sentences to be served in the Department of Correction. On appeal, Jaco argues that his guilty plea was involuntary because he was not informed that prior to release on parole he would be required to undergo a mental health evaluation pursuant to Tennessee Code Annotated S 40-35- 503(c) (1997). After a review of the record, we find no error. Accordingly, the judgment of the post-conviction court dismissing the petition is affirmed. http://www.tba.org/tba_files/TCCA/jaco.wpd
STATE OF TENNESSEE v. TERRY DEWAYNE OGLE Court:TCCA Attorneys: George H. Waters, Maryville, Tennessee, for the appellant, Terry DeWayne Ogle. Paul G. Summers, Attorney General & Reporter; Peter M. Coughlan, Assistant Attorney General; and Edward P. Bailey, Jr., and Kirk Andrews, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Terry DeWayne Ogle, indicted for one count of aggravated assault, was convicted of the lesser included offense of assault. The trial court imposed a sentence of 11 months and 29 days. In this appeal of right, the defendant challenges the sufficiency of the evidence. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/oglet.wpd
STATE OF TENNESSEE v. CHESTER LEE SMITH, II Court:TCCA Attorneys: Ardena J. Garth, District Public Defender; Melanie R. Snipes, Assistant District Public Defender (at trial); and Mike A. Little, Chattanooga, Tennessee (on appeal), for the appellant, Chester Lee Smith, II. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; William H. Cox, III, District Attorney General; and Thomas E. Kimball, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: A Hamilton County jury found the defendant guilty of DUI, third offense. On appeal, the sole issue is whether the trial court erred in not allowing the defendant to present testimony from a local health department nurse regarding the health department's procedures for storing and transporting blood samples, which are procured by the local health department for reasons unrelated to blood alcohol testing. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/smithcl.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