Opinion FlashFebruary 21, 2003
Volume 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):
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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
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