Opinion Flash

July 29, 2003
Volume 9 — Number 135

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
05 New Opinion(s) from the Tennessee Court of Appeals
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
02 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


CHERYL ANDERSON v. CARMELETHA MASON, ET AL.

Court:TCA

Attorneys:                          

Bridgett A. Wohlpart, Brentwood, Tennessee, for the appellant,
Carmeletha Mason.

Mary Ann Reese, Nashville, Tennessee, for the appellee, Cheryl
Anderson.

Judge: CAIN

First Paragraph:

Defendant/Appellant, Carmeletha Mason, appeals from a jury verdict and
judgment against her in this wrongful death action.  She was the owner
of a vehicle driven by her daughter, which was involved in an accident
resulting in the death of David Anderson, husband of the
Plaintiff/Appellee, Cheryl Anderson.  Appellant asserts that her
vehicle was being operated without her permission and that she was not
guilty of an act of negligent entrustment.  She also asserts that the
trial court erred in failing to direct a verdict in her favor.  We
affirm the action of the trial court.

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

THE STATE OF TENNESSEE IN ITS OWN BEHALF AND FOR THE USE AND BENEFIT
OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY,
TENNESSEE v. DELINQUENT TAXPAYERS AS SHOWN ON THE 1998 REAL PROPERTY
TAX RECORDS OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON
COUNTY, TENNESSEE, MTN OUTPARCEL, INC.

Court:TCA

Attorneys:                          

James E. Brown, Madison, Tennessee, Pro Se.

Karl F. Dean and Cristi E. Scott, Nashville, Tennessee, for the
appellee, Metropolitan Government of Nashville and Davidson County.

Judge: CAIN

First Paragraph:

In this cause, a purchaser at tax sale appeals the order of the trial
court voiding its prior default judgment against the delinquent
taxpayer, and voiding the conveyance of that property to the
purchaser.  The delinquent tax notices, as well as the notice of sale,
were issued to an unintelligible address, despite the presence of the
taxpayer's proper address on the special warranty deed retained in the
Metropolitan Government's Assessor's Office.  Upon the government's
motion, notice was then attempted by publication.  After the trial
court had entered the decree of sale and judgment affirming sale, and
after expiration of the period for the exercise of the equitable right
of redemption had otherwise lapsed, the delinquent taxpayer attempted
to redeem the property.  The tax sale purchaser, James Brown,
contested the redemption.  The trial court, considering the taxpayer's
Motion to Void Tax Sale as a Rule 60.02 Motion to Set Aside a Default
Judgment, voided the sale.  For the reasons and under the authority
cited herein we affirm.

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

GEOFFREY E. GILMORE v. MARSHA K. MANGRUM

Court:TCA

Attorneys:                          

C. Ronald Blanton, Hendersonville, Tennessee, for the appellant,
Geoffrey E. Gilmore.

Arthur E. McClellan, Gallatin, Tennessee, for the appellee, Marsha K.
Mangrum.

Judge: CAIN

First Paragraph:

This case involves an issue of change of primary residential custody
of a minor child from one parent to another.  Mother currently has
primary residential custody.  The child at issue was sexually molested
by his step-brother at his Mother's residence.  Father filed a
petition requesting custody be changed from Mother to him.  Although
the trial judge found a material change of circumstances, he did not
find a change of custody to be in the child's best interest and denied
Father's Petition.  We affirm the trial court's decision.

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

BETTY J. JENSEN v. TRACY CITY, TENNESSEE, A MUNICIPALITY

Court:TCA

Attorneys:                          

Robert S. Peters and Mickey Hall, Winchester, Tennessee, for the
appellant, Betty J. Jensen.

Steven M. Roderick and Stacy Lynn Archer, Chattanooga, Tennessee, for
the appellee, Tracy City, Tennessee.

Judge: CANTRELL

First Paragraph:

This is an action under the Governmental Tort Liability Act against
Tracy City for an accident allegedly caused by the accumulation of
gravel on a city street at the bottom of a steep hill.  The Circuit
Court of Grundy County granted the City summary judgment.  We reverse
and remand for further proceedings.

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

ELIZABETH CONWAY SNODGRASS v. ALLEN HOWARD FREEMON

Court:TCA

Attorneys:                          

Barbara Freemon, Nashville, Tennessee, for the appellant, Allen Howard
Freemon.

Andrew Hoover, Pulaski, Tennessee, for the appellee, Elizabeth Conway
Snodgrass.

Judge: CAIN

First Paragraph:

Defendant/Cross-Claimant appeals the action of the trial court in
holding that Cross-Claimant had not carried his burden of proof to
establish adverse possession of the property in issue.  We affirm the
judgment of the trial court.

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

STATE OF TENNESSEE v. PATRICK DESHUN PARIS, ALIAS PATRICK DESHON
PARRIS

Court:TCCA

Attorneys:                          

Jeffrey Schaarschmidt, Chattanooga, Tennessee, for the appellant,
Patrick Deshun Paris, Alias Patrick Deshon Parris.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General;  William H. Cox, III, District Attorney
General; and Lila Statom and Dean C. Ferraro, Assistant District
Attorneys General, for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

A jury found the defendant guilty of first degree premeditated murder,
first degree felony murder, and especially aggravated robbery.  The
two first degree murder convictions merged, and the jury sentenced the
defendant to life without the possibility of parole. The trial court
sentenced the defendant to twenty-four years for especially aggravated
robbery, to run concurrently with his previous sentence for abuse of a
corpse.  The defendant argues that the trial court erred in failing to
suppress an incriminating statement he made on December 2, 1998, that
the jury charge regarding criminal responsibility was in error and
that his sentencing was erroneous.  We affirm the judgments of the
trial court.

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

TOMMY JOE WALKER v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Joseph Liddell Kirk, Knoxville, Tennessee, for the Appellant, Tommy
Joe Walker.

Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Roger D. Moore, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

Convicted in 1990 of first-degree felony murder, aggravated robbery,
and conspiracy to commit aggravated robbery, the petitioner, Tommy Joe
Walker, appeals the Knox County Criminal Court's dismissal of his
petition for post-conviction relief, through which he claimed that
ineffective assistance of trial counsel fouled his convictions. 
Because the record supports the denial of post- conviction relief, we
affirm.

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

Student Eligibility for Enrollment in Type 1 Charter School

Date: July 24, 2003

Opinion Number: 03-090                          

http://www.tba.org/tba_files/AG/2003/op90.pdf

Application of Open Meetings Act to Economic Development Board

Date: July 24, 2003

Opinion Number: 03-091                         

http://www.tba.org/tba_files/AG/2003/op91.pdf

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