Opinion Flash

October 104, 2002
Volume 8 — Number 179

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
01 New Opinion(s) from the Tennessee Court of Appeals
04 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


RUTH CAROLYN WELLS and RAYMOND L. WELLS, Individually and as Husband
and Wife v. J.C. PENNEY COMPANY, INC.

Court:TCA

Attorneys:   

David F. Kustoff and James S. Strickland, Memphis, Tennessee, for
appellants, Ruth Carolyn Wells and Raymond L. Wells, Individually and
as Husband and Wife.

G. Ray Bratton and Gregory W. O'Neal, Memphis, Tennessee, for
appellee, J.C. Penney Company, Inc.                       

Judge: LILLARD

First Paragraph:

This is a premises liability case.  The plaintiff customer was
shopping in a retail store.  After a dispute with an unidentified
customer over which customer would purchase certain merchandise, the
unidentified customer grabbed the plaintiff's wrist.  The plaintiff
customer sued the retail store, asserting that the store had a duty to
protect her from the customer's assault.  The store moved for summary
judgment, which the trial court granted. We affirm, finding that the
assault was unforeseeable, and therefore the retailer did not have a
duty of care to protect the customer from it.

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

STATE OF TENNESSEE v. DONNA F. BENSON

Court:TCCA

Attorneys:

Lee Wilson, Memphis, Tennessee, for the appellant, Donna F. Benson.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Camille McMullen, Assistant District Attorney General,
for the appellee, State of Tennessee.                         

Judge: GLENN

First Paragraph:

The defendant, a former employee of the Shelby County Criminal Court
Clerk's office, pled guilty to two counts of public servant accepting
a bribe, in violation of Tennessee Code Annotated section 39-16-102, a
Class C felony.  The trial court sentenced her as a Range I, standard
offender to concurrent terms of three years on each count, but
suspended all but ninety days of the sentence, to be served on
weekends at the county workhouse.  The defendant was also placed on
probation for three years, ordered to perform 300 hours of community
service,  and assessed a $1000 fine for each count. She argues on
appeal that the trial court erred in denying her judicial diversion or
full probation.  After reviewing the record, we affirm the judgment of
the trial court.

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

ERIC BOYD v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Mark E. Stephens, District Public Defender; and John Halstead,
Assistant Public Defender, Knoxville, Tennessee, for the appellant,
Eric Boyd.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; Randall Eugene Nichols, District Attorney
General; Marsha Mitchell, Assistant District Attorney General; and
Fred Bright, Assistant District Attorney General, for the appellee,
State of Tennessee.                       

Judge: WOODALL

First Paragraph:

Appellant, Eric Boyd, appeals the trial court's denial of his petition
for post-conviction relief.  The issues presented for review are,
whether the State's promise not to offer Appellant's co-defendant a
lesser sentence than Appellant, was in fact a condition of Appellant's
plea agreement, and if so what relief Appellant should receive as a
result of the State's breach of that condition.  We hold that the
State breached the conditions of its plea agreement with Appellant,
thereby entitling him to post- conviction relief.  We further hold
that the appropriate remedy is to set aside Appellant's guilty pleas
and for the original charges to be reinstated.

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

STATE  OF TENNESSEE v. JOE CARLTON HURT

Court:TCCA

Attorneys:  

Guy T. Wilkinson, District Public Defender; and Richard W. DeBerry,
Assistant Public Defender, for the appellant, Joe Carlton Hurt.

Paul G. Summers, Attorney General and Reporter; Christine M. Lapps,
Assistant Attorney General;  G. Robert Radford, District Attorney
General; and John W. Overton, Jr., Assistant District Attorney
General, for the appellee, State of Tennessee.                         

Judge: WILLIAMS

First Paragraph:

The defendant contends the trial court should have sentenced him to a
Community Corrections Program.  We conclude ample evidence exists to
support the trial court's findings that incarceration is necessary to
protect society from the defendant.  The defendant has a long history
of criminal conduct.  We affirm the judgments from the trial court.

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

STATE OF TENNESSEE v. MARK D. NUNNALLY

Court:TCCA

Attorneys:  

M.C. Jermann, Memphis, Tennessee, for the appellant, Mark D. Nunnally.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; and William L. Gibbons, District Attorney
General, for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The defendant seeks appellate review of his motion to clarify the
prior judgments of the trial court.  We dismiss the appeal because the
record does not reflect any order of the trial court concerning the
motion.

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

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