Opinion Flash

October 28, 2002
Volume 8 — Number 190

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
04 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


SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_1028.wpd

SHERI M. ENGLISH, et al. v. CHRIS PRETTI, et al.

Court:TCA

Attorneys:  

Joseph M. Sparkman, Southaven, Mississippi, for the appellants, Sheri
M. English and husband, David W. English.

Robert M. Fargarson, Memphis, Tennessee, for the appellee, Allstate
Insurance Company.                        

Judge: FARMER

First Paragraph:

The trial court awarded summary judgment to the Plaintiffs' uninsured
motorist insurance carrier, finding that the carrier's liability was
offset by the workers' compensation award which the Plaintiff received
for her injuries.  We affirm.

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

PEGGY GASTON v. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY

Court:TCA

Attorneys:

Larry B. Nolen, Athens, Tennessee, for the Appellant, Peggy Gaston.

H. Chris Trew, Athens, Tennessee, for the Appellee, Tennessee Farmers
Mutual Insurance Company.

Judge: GODDARD

First Paragraph:

This appeal from the Circuit Court of McMinn County questions whether
the Trial Court erred in granting a directed verdict in favor of
Tennessee Farmers Mutual Insurance Company because it refused to pay
its policyholder, Peggy Gaston, under the uninsured motorist provision
of her policy which covered Peggy Gaston.  We vacate and remand.

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

SUSAN DIANE JONES  v. STEVEN TRAVIS DORROUGH et al.

Court:TCA

Attorneys:

Lynn Tarpy, Edward J. Shultz and Thomas M. Leveille, Knoxville,
Tennessee, for the Appellants, Steven Travis Dorrough and Jayme
Dorrough

L. Caesar Stair, III, and W. Tyler Chastain, Knoxville, Tennessee, for
the Appellee, Susan Diane Jones

Judge: GODDARD

First Paragraph:

The origin of this appeal was a divorce proceeding between Steven
Travis Dorrough and Susan Diane Jones.  The question presented is the
rights and responsibilities of the parties to a marital dissolution
agreement incorporated in the final divorce decree as it relates to a
piece of property located at 3003 Keller Bend Road in Knoxville, which
had been the parties' marital residence.  We affirm in part, vacate in
part and remand.

http://www.tba.org/tba_files/TCA/joness1.wpd

IN RE:  ESTATE OF EDWARD HILTON MORRIS, Deceased ROGER CLAYTON MORRIS
v. LOLA JANE MORRIS

Court:TCA

Attorneys:  

Sam J. Watridge, Humboldt, For Appellant, Lola Jane Morris

Harold E. Dorsey, Humboldt, For Appellee, Roger Clayton Morris                        

Judge: CRAWFORD

First Paragraph:

Widow, electing to take against husband's will, filed a petition for
year's support, exempt property, elective share, and homestead. 
Because the estate had no personal property with which to satisfy
claims against the estate and the widow's benefits, widow filed a
petition to sell the real property to provide such funds.  The trial
court declined to order a sale of the real property, contingent upon
the executor paying the claims against the estate, exclusive of the
claimed widow's benefits.  Widow appeals.  We affirm in part, reverse
in part, and remand.

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

STATE OF TENNESSEE v. MICHAEL CAMMON

Court:TCCA

Attorneys:

Michael J. Flanagan, Nashville, Tennessee, for the appellant, Michael
Cammon.

Paul G. Summers, Attorney General & Reporter; David H. Findley,
Assistant Attorney General; Bill Whitesell, District Attorney General;
and John W. Price, Assistant District Attorney General, for the
appellee, State of Tennessee.                      

Judge: SMITH

First Paragraph:

The appellant, Michael Cammon, was convicted in a jury trial of
robbery, aggravated assault and possession of over 300 grams of
cocaine with the intent to sell or deliver.  He was also convicted of
felony possession of a weapon.  For these offenses the appellant
received sentences of three years, three years, twenty-two years, and
two years, respectively.  All sentences were set to run concurrently
with each other, but consecutively to any previous sentences the
appellant might have to serve.  In this appeal he raises three issues
for our consideration.  First, he claims the evidence is insufficient
to corroborate the testimony of his accomplice.  Secondly, he alleges
that the trial court erred in failing to instruct the jury with
respect to the amount of controlled substance required for the offense
charged.  Finally, the appellant complains that the trial court erred
in failing to instruct the jury on the lesser-included offense of
simple assault.  We find no reversible error with respect to the
narcotics offense or with respect to the conviction for aggravated
robbery.  Those convictions are affirmed.  However, we must reverse
the conviction for aggravated assault and remand this case for a new
trial.

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

STATE OF TENNESSEE v. ROMANIA ANN GADSON

Court:TCCA

Attorneys:

Lonna K. Hildreth, Nashville, Tennessee, attorney for appellant,
Romania Ann Gadson.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General;  John Wesley Carney, Jr., District
Attorney General; and Lance A. Baker, Assistant District Attorney
General, for the appellee, State of Tennessee.                         

Judge: TIPTON

First Paragraph:

The defendant, Romania Ann Gadson, pled guilty in the Montgomery
County Circuit Court to seven felonies.  While she was on probation
for those crimes, the defendant committed and was convicted of three
additional felonies and one misdemeanor.  After a sentencing hearing,
the trial court revoked the defendant's probation, determined that her
effective sentence for the "old" convictions was twelve years, and
ordered that she serve the twelve-year sentence in incarceration.  The
trial court also sentenced the defendant to an effective sentence of
five years in confinement for the "new" convictions and ordered that
she serve the five-year sentence consecutively to the twelve-year
sentence.  The defendant appeals, claiming (1) that the trial court
incorrectly calculated the effective sentence for her old convictions
to be twelve years; (2) that the trial court erred in sentencing her
to the maximum punishment in the range for one of her new convictions;
and (3) that she should have received a community corrections sentence
for her new convictions.  As to the defendant's claim that the trial
court incorrectly calculated her twelve-year sentence, we remand the
judgments of conviction to the trial court.  As to the defendantŐs new
convictions, we conclude that the trial court properly sentenced the
defendant and affirm those judgments of conviction.

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

STATE OF TENNESSEE v. AARON LEMBAR SMITH

Court:TCCA

Attorneys:

Didi Christie, Brownsville, Tennessee (on appeal); and William B.
(Jake) Lockert, III, District Public Defender, Ashland City, Tennessee
(at trial and of counsel on appeal) for the appellant, Aaron Lembar
Smith.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; Dan M. Alsobrooks, District Attorney
General; and Kim G. Menke, Assistant District Attorney General, for
the appellee, State of Tennessee.                     

Judge: WOODALL

First Paragraph:

Following a jury trial, Defendant, Aaron Lembar Smith, was found
guilty of two counts of Class D felony burglary (a building other than
a habitation), one count of Class E felony vandalism, two counts of
Class D felony theft, and one count of Class D felony vandalism.  One
of the burglaries, the Class D felony vandalism, and one of the Class
D felony thefts, involved an incident which occurred at Centennial
Elementary School in Dickson.  The other charges involved an incident
at Buckner City Park, which is located on property adjoining
Centennial Elementary School.  In this appeal, Defendant challenges
the sufficiency of the evidence to sustain his convictions for the
burglary, vandalism, and theft convictions arising from the incident
at Centennial Elementary School.  He does not challenge the
sufficiency of the evidence, or raise any other issues, regarding the
remaining charges.  After a thorough review of the record, we affirm
the convictions for burglary, vandalism, and theft regarding the
incident at Centennial Elementary School.  However, our review of the
record indicates errors in the judgments; as the sentencing hearing is
not a part of the record, but the judgments on their face are
erroneous, we remand these cases to the Circuit Court of Dickson
County for amended judgments to be entered or for a new sentencing
hearing, if necessary.

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

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