Opinion FlashJanuary 15, 2004
Volume 10 Number 010
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
JAMES ROBERT ELROD v. DEBORAH M. ELROD Court:TCA Attorneys: Adam M. Priest, Knoxville, Tennessee, for the Appellant Deborah M. Elrod. Jerrold L. Becker and Lori F. Fleishman, Knoxville, Tennessee, for the Appellee James Robert Elrod. Judge: SWINEY First Paragraph: James Robert Elrod ("Husband"), sued for a divorce from Deborah M. Elrod ("Wife"). Husband was granted a divorce based on Wife's inappropriate marital conduct. Husband was designated the primary residential parent for the parties' minor son. The Trial Court then divided the marital assets and awarded Wife unclassified alimony in the amount of $1,000 per month for twelve months. Wife appeals, claiming the distribution of the marital assets was inequitable and that she was entitled to permanent alimony or, at a minimum, alimony for a longer period of time. We affirm the distribution of the marital assets as modified herein and further conclude that Wife is entitled to rehabilitative alimony in the amount of $1,000 per month for a period of sixty months. http://www.tba.org/tba_files/TCA/elrodj.wpd
IN RE S.M. WITH CONCURRING OPINION Court:TCA Attorneys: Joanie L. Abernathy, Franklin, Tennessee, for the appellant. Lisa L. Collins, Nashville, Tennessee, for the appellee, The Association for Guidance, Aid, Placement and Empathy. Susie Piper McGowan, Nunnelly, Tennessee, Guardian Ad Litem. Judge: KOCH First Paragraph: This appeal involves the termination of the parental rights of a biological father whose daughter was surrendered to a licensed child-placing agency without his knowledge. Soon after notifying the biological father that it had custody of the child, the agency filed a petition in the Davidson County Juvenile Court seeking to terminate the father's parental rights. Following a bench trial, the juvenile court concluded that the biological father had abandoned his daughter and that the child's best interests required terminating her biological father's parental rights. We have determined that the agency has failed to present clear and convincing evidence that the biological father has abandoned his daughter. http://www.tba.org/tba_files/TCA/inresm_opn.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCA/inresm_con.wpd
JERRY MCGEEHEE, ET AL. v. MICHAEL W. DAVIS Court:TCA Attorneys: Larry D. Ashworth, Nashville, TN, for Appellant J. Russell Parkes, Wesley Mack Bryant, Columbia, TN, for Appellee Judge: HIGHERS First Paragraph: This case is an appeal from a wrongful death claim in which the Defendant was found only fifty percent at fault. The Plaintiffs appeal to this Court for review of two procedural issues. For the following reasons, we affirm the trial court. http://www.tba.org/tba_files/TCA/mcgeeheejerry.wpd
HARRY DAVID JOHNSON v. STATE OF TENNESSEE Court:TCCA Attorneys: W. Thomas Dillard and Charles W. B. Fels (on appeal and at trial); and Jeanne Wiggins (at trial), Knoxville, Tennessee, for the appellant, Harry David Johnson. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Joseph Eugene Perrin and Teresa Murray- Smith, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The petitioner, Harry David Johnson, was convicted in the Sullivan County Criminal Court of the first degree murder of his wife, Katherine Trotter Johnson, and he received a sentence of life imprisonment. Subsequently, the petitioner filed for post-conviction relief, alleging that he did not receive effective assistance of counsel during his trial. The post-conviction court held an evidentiary hearing, ultimately determining that the petitioner had failed to prove by clear and convincing evidence that trial counsel was ineffective. The petitioner timely appealed this ruling. Upon review of the record and the parties' briefs, we reverse the judgment of the post-conviction court and remand for a new trial. http://www.tba.org/tba_files/TCCA/johnsonhd.wpd
STATE OF TENNESSEE v. EVERET L. MCNEIL Court:TCCA Attorneys: William D. Massey, Memphis, Tennessee, for the appellant, Everet L. McNeil. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Thomas E. Williams, III, Assistant Attorney General; William L. Gibbons, District Attorney General; and Lee V. Coffee, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant, Everet L. McNeil, entered guilty pleas to possession with intent to sell less than .5 grams of cocaine, simple possession of marijuana, and simple possession of cocaine. The Shelby County trial court ordered the Defendant to serve an effective three-year sentence in confinement. On appeal, the Defendant contends the trial court erred in denying alternative sentencing. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/mcneile.wpd
Pharmacy Benefits under State and Local Government Health Plans Date: January 6, 2004 Opinion Number: 04-001 http://www.tba.org/tba_files/AG/2004/op1.pdf
Conflict of Interest: Lottery Advertising Date: January 6, 2004 Opinion Number: 04-002 http://www.tba.org/tba_files/AG/2004/op2.pdf
Regulation of Fishing Activities on Interstate Waters Bordering Tennessee Date: January 7, 2004 Opinion Number: 04-003 http://www.tba.org/tba_files/AG/2004/op3.pdf
Termination of teachers in "corrective action" schools under the federal No Child Left Behind Act Date: January 12, 2004 Opinion Number: 04-004 http://www.tba.org/tba_files/AG/2004/op4.pdf
Illegal registration under Tenn. Code Ann. S2-19-107 constitutes voter fraud for the purposes of Tenn. Code Ann. S40-29-105 Date: January 12, 2004 Opinion Number: 04-005 http://www.tba.org/tba_files/AG/2004/op5.pdf
Authority of Security Officers Date: January 12, 2004 Opinion Number: 04-006 http://www.tba.org/tba_files/AG/2004/op6.pdf
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