Opinion Flash

February 11, 2003
Volume 9 — Number 024

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
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
04 New Opinion(s) from the Tennessee Court of Appeals
02 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

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.
Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

(Makes correction on page three of opinion released 01/31/03)

Court:TSC - Workers Comp Panel


Kirk L. Clements, Nashville, Tennessee, for the appellants, Crotty
Corp. and Employee Benefit Insurance Company

Edwin Sadler and James D. Madewell, Cookeville, Tennessee, for the
appellee, Joyce Mullins                         

Judge: LOSER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.  In this
appeal, the employer questions the trial court's findings as to
causation, permanency, extent of vocational disability and mileage
reimbursement.  As discussed below, the panel has concluded the
evidence fails to preponderate against the findings of the trial

IN THE MATTER OF: A.W. AND J.W., CHILDREN UNDER EIGHTEEN (18) YEARS OF AGE Court:TCA Attorneys: Debra L. Dishmon, Lebanon, Tennessee, for the appellant, T.W. Paul G. Summers, Attorney General and Reporter; Elizabeth C. Driver, Assistant Attorney General, for the appellee, Tennessee Department of Children's Services. Judge: CANTRELL First Paragraph: The Juvenile Court of Wilson County terminated the parental rights of both parents to two young daughters. The mother appeals, asserting that the court erred in finding: (1) that the Department of Children's Services made reasonable efforts to reunite the family, (2) that she failed to substantially comply with the goals in the permanency plans, (3) that she failed to remedy the conditions that prevented the children's return to her, and (4) that the best interests of the children required the termination of her parental rights. We affirm the judgment of the juvenile court. http://www.tba.org/tba_files/TCA/awjw.wpd
WANDA F. CHERRY, et al. v. FIRST STATE BANK Court:TCA Attorneys: C. Mark Troutman, LaFollette, Tennessee, for the Appellant First State Bank. Rob Quillin, Knoxville, Tennessee, for the Appellees Wanda F. Cherry and Daniel R. Greene. Judge: SWINEY First Paragraph: Wanda F. Cherry and Daniel R. Greene ("Plaintiffs") are the owners of property located on the parkway in Pigeon Forge. Wayne Burroughs ("Burroughs") owned property adjacent to the Plaintiffs' property, but Burroughs' property did not adjoin the parkway. Burroughs leased Plaintiff's property and used their property and his property to operate a business. During this time, Burroughs borrowed money from First State Bank ("Defendant"). Burroughs' leasehold interest in Plaintiffs' property was part of the collateral for this loan. After Burroughs filed for bankruptcy, his leasehold interest in Plaintiffs' property was sold at auction. Defendant was the highest bidder at the auction. Defendant paid rent for a period of time, but then stopped paying rent. Plaintiffs sued for past due rent. The Trial Court granted summary judgment to Plaintiffs and awarded damages totaling $127,968.60. Defendant appeals the grant of summary judgment to Plaintiffs. We affirm. http://www.tba.org/tba_files/TCA/cherryw.wpd
IN THE MATTER OF: THE CONSERVATORSHIP OF ELLEN P. GROVES Court:TCA Attorneys: Landon W. Meadow and Bruce A. Kennedy, Clarksville, Tennessee, for the appellant, Glendon P. Groves. Thomas R. Meeks, Clarksville, Tennessee, for the appellees, Ellen P. Groves and Cheryl Phillips Travis. Judge: KOCH First Paragraph: This appeal involves the conservatorship of an elderly widow. Both the widow's brother-in-law and a niece filed petitions in the Chancery Court for Montgomery County requesting to be appointed her conservator. Following a bench trial, the trial court determined that the widow was "competent" and, therefore, dismissed both conservatorship petitions. The trial court also disapproved the brother-in-law's accounting of his expenditures on the widow's behalf and directed the brother-in- law and his wife to return the widow's real and personal property to her. On this appeal, the widow's brother-in-law asserts that the trial court erred (1) by refusing to appoint him conservator, (2) by refusing to approve reimbursing him for his expenses in caring for his sister-in-law, and (3) by directing him to return his sister-in-law's real and personal property. We have determined that the evidence preponderates against the trial court's conclusions that the widow is not disabled and that she does not need a conservator. However, we have also determined that the trial court properly declined to reimburse the widow's brother-in-law for his expenses in caring for her and properly ordered him to return her real and personal property. http://www.tba.org/tba_files/TCA/grovesep.wpd
JENNY L. PARROTT v. JOHN B. ABRAHAM Court:TCA Attorneys: Thomas R. Meeks and Gregory D. Smith, Clarksville, Tennessee, and Robert J. Turner, Nashville, Tennessee, for the appellant, John B. Abraham. Mark R. Olson, Clarksville, Tennessee, for the appellee, Jenny L. Parrott. Judge: CAIN First Paragraph: Appellant/Father appeals dismissal of his petition seeking to be named residential custodian of his minor child. The trial court found that Tennessee was not the "home" state of the child under Tennessee Code Annotated section 36-6-216 and dismissed the case for lack of subject matter jurisdiction. We reverse. http://www.tba.org/tba_files/TCA/parrott.wpd
DONALD G. BROOKS v. STATE OF TENNESSEE Court:TCCA Attorneys: Robert T. Bateman, Clarksville, Tennessee, for the appellant, Donald G. Brooks. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Arthur Bieber, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Petitioner, Donald G. Brooks, filed a petition for post-conviction relief from his convictions for first degree felony murder, especially aggravated robbery, theft of property over $1,000 and setting fire to personal property. In his petition, Petitioner alleged that he received ineffective assistance of counsel at trial and on appeal. Following an evidentiary hearing, the post-conviction court concluded that Petitioner's appellate counsel had rendered ineffective assistance when he failed to request a transcript of Petitioner's sentencing hearing on appeal. The post-conviction court found that all of the other grounds presented by Petitioner for post-conviction relief were without merit. After a careful review, we affirm in part and reverse in part the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/brooksdg.wpd
JEFFREY M. ENGLISH v. STATE OF TENNESSEE Court:TCCA Attorneys: Stacey M. Brackeen, Franklin, Tennessee, for the appellant, Jeffrey M. English. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Mary K. Harvey, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Petitioner, Jeffrey M. English, was charged with three counts of aggravated robbery and one count of aggravated assault. He entered open pleas of guilt to the three counts of aggravated robbery, and the State nolled the aggravated assault count. A sentencing hearing was conducted, and Petitioner received a sixteen year sentence for each of the three counts of aggravated robbery. Petitioner also received an eight year sentence for a probation violation, which Petitioner conceded. The trial court ordered all four sentences to be served consecutively, resulting in a total effective sentence of fifty- six years. Petitioner's sentence was affirmed by this court on direct appeal. State v. Jeffrey English, 2000 Tenn. Crim. App. LEXIS 911, No. M1999-02495-CCA-R3-CD (Tenn. Crim. App. at Nashville, November 22, 2000) perm. to appeal denied April 9, 2001. Petitioner filed a pro se petition for post-conviction relief, in which he alleged that he received the ineffective assistance of counsel. Petitioner was appointed new counsel, and he subsequently filed an amended petition. An evidentiary hearing was conducted, and the trial court denied the petition. We affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/englishj.wpd

Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

See the intrsuctions at the beginning of this edition of Opinion Flash.

While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi


But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi

HomeContact UsPageFinderWhat's NewHelp
© Copyright 2003 Tennessee Bar Association