Opinion Flash

November 24, 2003
Volume 9 — Number 215

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
07 New Opinion(s) from the Tennessee Court of Appeals
06 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


SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_1124.wpd

ESTELLE C. FRAME v. KENNETH FRAME, JR.

Court:TCA

Attorneys:                          

William M. Monroe, Memphis, For Appellant, Kenneth Frame, Jr.

Larry Rice and Laura D. Rogers, Memphis, For Appellee, Estelle C.
Frame

Judge: CRAWFORD

First Paragraph:

This is a father's appeal of an order which, inter alia, increased a
child support obligation based upon the finding of willful and
voluntary unemployment.  On mother's motion, the appeal is dismissed
for failure to timely file a notice of appeal pursuant to Tenn. R.
App. P. 4.

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

EDWARD HOCHHAUSER, III v. ANNELLE G. HOCHHAUSER

Court:TCA

Attorneys:                          

Joe M. Duncan, Memphis, For Appellant, Edward Hochhauser, III

Richard F. Vaughn, Memphis, For Appellee, Annelle G. Hochhauser

Judge: CRAWFORD

First Paragraph:

This is an appeal from a final decree of divorce, involving issues of
concurrent awards of alimony in futuro and rehabilitative alimony, and
an award of attorney fees.  Husband appeals.  We reverse in part,
modify and affirm in part.

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

MARIE B. JENNINGS v. SEWELL-ALLEN, INC., d/b/a MEGAMARKET, f/k/a COST
U LESS

Court:TCA

Attorneys:                          

Claiborne H. Ferguson, Memphis, TN, for Appellant

John Barry Burgess, Memphis, TN, for Appellee

Judge: HIGHERS

First Paragraph:

This appeal arises from a personal injury action.  The defendant filed
a motion for summary judgment, which motion was granted by the trial
court.  This appeal ensued.  For the following reasons, we affirm.

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

FRANK FETZER MILLS, JR., ET AL. v. LUIS L. WONG, M.D., ET AL.

Court:TCA

Attorneys:                          

Richard J. Myers, Memphis, Tennessee, for the appellants, Frank Fetzer
Mills, Jr. and Rebecca Smith Mills.

William H. Haltom, Jr., and Joseph M. Clark, Memphis, Tennessee, for
the appellee, Charter Lakeside Behavioral Health System, Inc.

Robert B. C. Hale, Memphis, Tennessee, for the appellees, Janet K.
Johnson, M.D., Yvette Marion and Miriam Johnson, Co-Executors of the
Estate of Janet K. Johnson, M.D. and Kenneth F. Tullis, M.D.

Michael L. Robb and Kevin Baskette, Memphis, Tennessee, for the
appellee, John F. O'Connell, M.D.

Judge: FARMER

First Paragraph:

This case involves an appeal from the trial court's grant of
defendants' motion for summary judgment.  The trial court dismissed
the plaintiff's complaint for failure to bring their medical
malpractice claim within the applicable three-year statute of repose.
We affirm.

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

QUEEN'S TREE SURGERY, INC., Plaintiff/Appellee,  v. METROPOLITAN
GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE,
Defendant/Appellant, PIEDMONT NATURAL GAS COMPANY, INC., d/b/a
NASHVILLE GAS COMPANY, Defendant/Cross- Defendant, and CHARTER
TRANSPORT CORPORATION, Defendant/Cross-Plaintiff

Court:TCA

Attorneys:                          

Ann O'Connell, Margaret Darby, and John L. Kennedy, Nashville,
Tennessee, for Defendant/Appellant.

Queen's Tree Surgery, Inc., Nashville, Tennessee, Pro Se
Plaintiff/Appellee.

Judge: FRANKS

First Paragraph:

Appellant defendant in this action for damages was non-suited and then
added as defendant pursuant to TCA S 20-1-119.  This defendant
appealed from adverse judgment.  We affirm.

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

STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES, v. SJMW, IN THE
MATTER OF: DJL, A CHILD UNDER 18 YEARS OF AGE

Court:TCA

Attorneys:                          

John A. Shoaf, Chattanooga, Tennessee, for Appellant.

Paul G. Summers, Attorney General and Reporter, and Elizabeth C.
Driver, Assistant Attorney General, Nashville, Tennessee, for
Appellee.

Judge: FRANKS

First Paragraph:

The mother's parental rights were terminated by the Trial Judge. 
Mother has appealed.  We affirm.

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

DUDLEY STOVALL, SR., ET AL. v. WILLIAM THOMAS BAGSBY, JR., ET AL.

Court:TCA

Attorneys:                          

Christopher D. Cravens, Nashville, Tennessee, attorney for Appellants,
William Thomas Bagsby, Jr. and Velma K. Bagsby.

Douglas S. Hale, Franklin, Tennessee, attorney for appellees, Dudley
Stovall, Sr., and Betty Carolina Stovall.

Julia E. Stovall, Franklin, Tennessee, attorney for appellee, Martha
Oakley

Judge: INMAN

First Paragraph:

This twice-tried boundary line litigation, spanning five years,
involves a small square-footage of a long-existing private roadway,
five surveyors-engineers, and a host of lay witnesses.  The Chancellor
adopted the expert opinion of one of the surveyors with respect to the
precise location of a crucial corner of the roadway.  We affirm except
as modified with respect to discretionary costs, which requires a
remand for determination.

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

CAROLYN DIANE BROWN v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Martha L. Cochran, for the appellant, Carolyn Diane Brown.

Paul G. Summers, Attorney General & Reporter; David H. Findley,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Fred Bright, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WADE
 
First Paragraph:

The petitioner, Carolyn Diane Brown, appeals the trial court's denial
of post-conviction relief.  In addition to a challenge of the
sufficiency of the convicting evidence, the petitioner alleges that
she was denied the effective assistance of counsel.  The judgment is
affirmed.

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

NADIA COFFER v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Joshua B. Spickler, Memphis, Tennessee, for the appellant, Nadia
Coffer.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Lee V. Coffee, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The petitioner, Nadia Coffer, appeals the lower court's denial of her
post-conviction relief petition.  The petitioner originally entered
guilty pleas in the Shelby County Criminal Court to especially
aggravated kidnapping and attempted first degree murder and received
two concurrent fifteen-year sentences, the minimum sentences for these
Class A felonies.  On appeal, the petitioner contends her pleas were
unknowingly and involuntarily entered due to ineffective assistance of
counsel.  We affirm the judgment of the post-conviction court.

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

STATE OF TENNESSEE v. JOHN JOHNSON

Court:TCCA

Attorneys:                          

Robert Little, Maplewood, New Jersey, for the appellant, John Johnson.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; William L. Gibbons, District Attorney
General; and Stephen P. Jones, Jennifer S. Nichols, and Amy P.
Weirich, Assistant District Attorneys General, for the appellee, State
of Tennessee.

Judge: RILEY

First Paragraph:

The jury convicted the defendant of especially aggravated robbery and
theft over $10,000.  The trial court imposed consecutive
twenty-five-year and ten-year sentences, respectively.  On appeal, the
defendant argues: (1) there was insufficient evidence to support his
conviction for especially aggravated robbery; (2) the trial court
erred in not allowing him to move from the defense table to view
evidence on a monitor; and (3) the trial court erred in sentencing
him.  We affirm the judgments of the trial court.

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

IRA MILES v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Juni Ganguli, Memphis, Tennessee, for the appellant, Ira Miles.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and David Pritchard, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Ira Miles, brings this appeal from the trial court's
denial of post-conviction relief.  The Defendant pled guilty to
especially aggravated robbery and received an agreed sentence of
seventeen years to be served at one hundred percent.  In this appeal,
he argues that he is entitled to post-conviction relief because he was
denied the effective assistance of counsel during the course of his
plea.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. ESLIE L. MORGAN

Court:TCCA

Attorneys:                          

Brett B. Stein, Memphis, Tennessee, for the appellant, Eslie L.
Morgan.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and E. Greg Gilluly, Jr., and Michelle Kimbril- Parks,
Assistant District Attorneys General, for the appellee, State of
Tennessee.

Judge: RILEY

First Paragraph:

A Shelby County jury convicted the defendant, Eslie L. Morgan, of
attempted voluntary manslaughter.  The trial court sentenced him to
eight years in confinement as a Range II multiple offender.  On
appeal, the defendant contends: (1) the evidence is insufficient to
support his conviction; and (2) the trial court erred in permitting
the prosecutor to ask the victim an improper question during redirect
examination.  Upon review of the record and the applicable law, we
affirm the judgment of the trial court.

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

RICHARD REHAGEN v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Charles W. Gilchrist, Jr., Memphis, Tennessee, for the appellant,
Richard Rehagen.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Karen Cook, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, Richard Rehagen, pled guilty to one count of first
degree murder, one count of attempted first degree murder, and one
count of aggravated arson.  He was sentenced to life imprisonment
without the possibility of parole for the murder, and to twenty-five
years for each of the other two offenses, to run concurrently.  The
Defendant subsequently challenged his pleas by filing a petition for
post-conviction relief.  The trial court denied the Defendant's
petition after an evidentiary hearing, and the Defendant now appeals. 
We affirm the judgment of the trial court.

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

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