Opinion FlashNovember 24, 2003Volume 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):
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 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 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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