Opinion Flash

February 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):

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
03	New Opinion(s) from the Tennessee Court of Appeals
03	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

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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