Opinion FlashFebruary 21, 2003Volume 9 — Number 031 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. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel AMY HOLLOWAY BUTLER (MOSCHEO) v. MICHAEL CLIFTON BUTLER Court:TCA Attorneys: Philip E. Smith, Nashville, Tennessee, for the appellant, Amy Holloway Butler (Moscheo). R. Eddie Davidson, Nashville, Tennessee, for the appellee, Michael Clifton Butler. Judge: CAIN First Paragraph: The mother of a minor child, as custodial parent, appeals the action of the trial court in denying her application to relocate with the child from the Nashville area to the Dallas-Ft. Worth, Texas area pursuant to Tennessee Code Annotated section 36-6-108(d). We affirm the action of the trial court. http://www.tba.org/tba_files/TCA/butleramy.wpd IN THE MATTER OF: C.A.F. Court:TCA Attorneys: Paul G. Summers, Attorney General & Reporter; Dianne Stamey Dycus, Deputy Attorney General, for the appellant, Tennessee Department of Children's Services. R. Steven Randolph, Cookeville, Tennessee, for the appellee, Ms. Smith. E.J. Mackie, Cookeville, Tennessee, for the appellee, Mr. F. Judge: CANTRELL First Paragraph: The trial court terminated the parental rights of the mother and the biological father of a three-year- old girl. It ruled, however, that there were no legal grounds to terminate the parental rights of another man who had signed a voluntary acknowledgment of paternity, but who admitted that he was not the actual father. We affirm the trial court's actions as to the child's biological mother and father, but reverse as to the other respondent. http://www.tba.org/tba_files/TCA/caf.wpd IN THE MATTER OF: D.M. AND M.M., CHILDREN UNDER EIGHTEEN YEARS OF AGE Court:TCA Attorneys: J.M. Clement, Jr., Dickson, Tennessee, for the appellant, M.H.D.M. Paul G. Summers, Attorney General & Reporter; Elizabeth C. Driver, Assistant Attorney General, for the appellee, Tennessee Department of Children's Services. Judge: CANTRELL First Paragraph: The Juvenile Court terminated the parental rights of the mother of two small children. We reverse, because we do not believe the State has proven the grounds for termination by clear and convincing evidence, or that it is in the children's best interest to have their mother's rights terminated. http://www.tba.org/tba_files/TCA/dmmm.wpd PRECISION ELECTRIC COMPANY, INC. v. STATE OF TENNESSEE
Court:TCA
Attorneys:
Terrill L. Adkins, Knoxville, Tennessee, for the appellant, Precision
Electric Company, Inc.
Paul G. Summers, Attorney General and Reporter; Michael E. Moore,
Solicitor General; and Sarah T. Chambers, Assistant Attorney General,
for the State of Tennessee.
Judge: SUSANO
First Paragraph:
This litigation arises out of an accident involving a truck owned by
Precision Electric Company, Inc. ("the Claimant") and a vehicle owned
by the State of Tennessee ("the State"). The Claimant filed a claim
against the State with the Tennessee Claims Commission, seeking
compensatory damages of $19,845 for, inter alia, the diminution in
value of the Claimant's vehicle and a loss of net profits. The case
was tried before an Administrative Law Judge ("the ALJ"). The ALJ
awarded the Claimant $2,217 for a wrecker bill and certain interest
charges, but declined to award the remaining elements of damages
sought, finding that the Claimant had failed to carry its burden of
proof with respect to these latter damages. On appeal, the Claimant
argues that the ALJ erred in refusing to award the full amount of
damages sought by it. We affirm.
http://www.tba.org/tba_files/TCA/precision.wpd
STATE OF TENNESSEE v. CINDY L. HOLDER a/k/a CINDY LYNN PLEMMONS Court:TCCA Attorneys: Lance A. Evans and K. Gregory Williams, Maryville, Tennessee, for the appellant, Cindy L. Holder, a/k/a Cindy Lynn Plemmons. Paul G. Summers, Attorney General & Reporter; Mark A. Fulks, Assistant Attorney General; Mike Flynn, District Attorney General; and Tammy Harrington, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: The defendant entered guilty pleas to aggravated assault, A misdemeanor theft of services, E felony vandalism, and two counts of aggravated burglary. For these offenses the defendant received an agreed upon effective sentence of six years with the manner of service to be determined at a subsequent sentencing hearing. At the conclusion of this hearing, the trial court denied the defendant alternative sentencing. Through the instant appeal the defendant contests this denial. However, after reviewing the record and relevant authorities, we find that the defendant waived this issue and that, even if not waived, the claim lacks merit. We, therefore, affirm the trial court's action http://www.tba.org/tba_files/TCCA/holdercindy.wpd STATE OF TENNESSEE v. GREGORY PIERCE Court:TCCA Attorneys: Steve McEwen, Mountain City, Tennessee, (on appeal), and Terry Jordan, Assistant Public Defender, Blountville, Tennessee, for the Appellant, Gregory Pierce. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III, Assistant Attorney General; Greeley Welles, District Attorney General; and James Goodwin, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: SMITH First Paragraph: The defendant, Gregory Pierce, pled guilty to attempted rape of a child, and the trial court accordingly sentenced him to serve eight years as a Range I standard offender for that conviction. After conducting a hearing, the trial court denied the defendant's request for alternative sentencing based upon the defendant's pre-sentence report, which includes a risk assessment evaluation outlining the defendant's potential to re-offend. The defendant now appeals the trial court's denial of his alternative sentencing request, arguing that the denial was improperly based on his polygraph results. After reviewing the record, we find that the trial court acted properly and accordingly affirm the defendant's sentence. http://www.tba.org/tba_files/TCCA/piercegregory.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 |
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