Opinion Flash

February 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):
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
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

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


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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