Opinion FlashFebruary 10, 2004
Volume 10 Number 027
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
ELLA BARBEE, ET AL. v. WAL-MART STORES, INC., ET AL. Court:TCA Attorneys: Michael W. Whitaker, Covington, Tennessee, for the Appellant, Ella Barbee. Frank Deslauries, Covington, Tennessee, for the Appellant, Janice Lee. Jill M. Steinberg and Emily Turner Landry, Memphis, Tennessee, for the appellees, Wal-Mart Stores, Inc. and Dob Johnson. Judge: FARMER First Paragraph: Plaintiffs filed suit against Defendants seeking compensatory and punitive damages based on violations of 42 U.S.C. S 1983, the Tennessee Consumer Protection Act and under theories of gross negligence, deprivation of human rights, intentional infliction of emotional distress, negligent infliction of emotional distress, false light, false imprisonment and arrest, fraud, misrepresentation, and larceny by trick, scheme, or device. Plaintiffs appeal from the trial court's grant of Defendants' motion for summary judgment. We affirm. http://www.tba.org/tba_files/TCA/barbee.wpd
PAGE J. FARNSWORTH v. SIDNEY W. FARNSWORTH, III Court:TCA Attorneys: Michael W. Whitaker, Covington, Tennessee, for the Appellant, Ella Barbee. Frank Deslauries, Covington, Tennessee, for the Appellant, Janice Lee. Jill M. Steinberg and Emily Turner Landry, Memphis, Tennessee, for the appellees, Wal-Mart Stores, Inc. and Dob Johnson. Judge: HIGHERS First Paragraph: This case involves the property of a divorced couple and the award of attorney's fees to the former wife. For the following reasons, we vacate the decision of the trial court and remand for further proceedings consistent with this opinion. http://www.tba.org/tba_files/TCA/farnsw.wpd
TED FOX, DIRECTOR OF PUBLIC WORKS, A DIVISION OF SHELBY COUNTY GOVERNMENT, AND SHELBY COUNTY GOVERNMENT v. THOMAS H. MILES AND SHELBY COUNTY CIVIL SERVICE MERIT BOARD Court:TCA Attorneys: Eugene C. Gaerig, Memphis, Tennessee, for the appellant Ted Fox, Director of Public Works, a Division of Shelby County Government, and Shelby County Government. Earle J. Schwarz, Memphis, Tennessee, for the appellees Thomas H. Miles. Judge: KIRBY First Paragraph: This is an employment case. The employee worked for the county. The employee's county supervisor directed the employee to submit a request for overtime pay from the county for services rendered to a local university during his off hours. In addition, the employee's county supervisor pressured the employee to perform investigative services for the county, outside of his normal duties. The employee received payment for the investigative services, in violation of a county charter provision proscribing conflicts of interest. As a result, the employee was terminated. The employee appealed his termination to the county civil service merit board. The merit board reversed the employee's termination and ordered his reinstatement. The county appealed to the chancery court, which affirmed the reinstatement. We reverse and remand, finding that the merit board's reinstatement of the employee violated a county charter provision which required that the employee be terminated for the conflict of interest. http://www.tba.org/tba_files/TCA/foxt.wpd
FRANK A. McCRAY v. STATE OF TENNESSEE Court:TCCA Attorneys: Dwight Scott, Nashville, Tennessee, for the appellant, Frank McCray. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Michael D. Rohling, Assistant District Attorney, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The petitioner filed a petition for post-conviction relief and petition for DNA analysis under the Post-Conviction DNA Analysis Act of 2001. The post-conviction court denied the petitioner's request for DNA analysis and did not rule on the post-conviction relief claim. The post-conviction relief issue has been waived. The petitioner is not entitled to DNA analysis because he has failed to meet all of the criteria set forth in the statute. The judgment of the post-conviction court is affirmed. http://www.tba.org/tba_files/TCCA/mccrayfa.wpd
ANTONIO L. SAULSBERRY v. STATE OF TENNESSEE Court:TCCA Attorneys: Charles W. Gilchrist, Jr., Memphis, Tennessee, for the Appellant, Antonio L. Saulsberry. Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and Robert Carter and Terry Harris, Assistant District Attorneys General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Antonio L. Saulsberry appeals from the Shelby County Criminal Court's denial of his petition for post-conviction relief, in which he alleged that he received the ineffective assistance of counsel. In this appeal, he raises two challenges to the lower court's ruling on the ineffectiveness claim. Having reviewed the record, the briefs of the parties, and the applicable law, we hold that the petitioner's post-conviction petition was untimely and therefore dismiss the appeal. http://www.tba.org/tba_files/TCCA/saulsbe.wpd
JAMES WEBB v. STATE OF TENNESSEE Court:TCCA Attorneys: Shannon A. Jones, Alamo, Tennessee, for the appellant, James Webb. Michael E. Moore, Solicitor General; Kathy D. Aslinger, Assistant Attorney General; Garry G. Brown, District Attorney General; and Elaine Todd, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The petitioner, James Webb, was convicted of aggravated rape and sentenced to eighteen years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed for post- conviction relief, alleging that he received the ineffective assistance of counsel. The post-conviction court denied the petition, and the petitioner timely appealed. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/webbj.wpd
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