Opinion Flash

March 4, 2004
Volume 10 — Number 043

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
02 New Opinion(s) from the Tennessee Court of Appeals
02 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


BARBARA JEAN CAIN v. CHARLES CURTIS CAIN

Court:TCA

Attorneys:                          

David W. Camp, Jackson, Tennessee, for the appellant, Charles Curtis
Cain.

Charles A. Spitzer, Jackson, Tennessee, for the appellee, Barbara Jean
Cain.

Judge: FARMER

First Paragraph:

Wife filed for divorce alleging Husband was guilty of inappropriate
marital conduct.  Trial court granted Wife an absolute divorce,
ordered a martial property distribution, and awarded wife alimony and
attorney's fees.  Husband appeals.  We affirm the distribution of
marital property, modify the award of attorney's fees, vacate the
requirement to provide life insurance and remand.

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

C. B. RAGLAND COMPANY v. MAXWELL ROOFING AND SHEET METAL, INC.

Court:TCA

Attorneys:                          

Thomas C. Corts, Julie Bhattacharya Peak, Nashville, TN, for Appellant

James B. Johnson, Nashville, TN, for Appellee

Judge: HIGHERS

First Paragraph:

This case arises out of a breach of contract by the Defendant for a
roof Defendant installed on Plaintiff's freezer storage facility.  The
case was tried before a jury, who found the Defendant had materially
breached the contract between the parties and awarded Plaintiff
damages in the amount of $5,655.00.  Subsequently, Plaintiff filed a
motion to alter or amend the judgment or, in the alternative, a motion
for additur or new trial.  The trial court denied the motion to alter
or amend the judgment but suggested an additur increasing the award to
$30,655.00, which Defendant appealed.  For the following reasons, we
affirm the decision of the trial court.

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

STATE OF TENNESSEE v. LATASHA AKINS 

Court:TCCA

Attorneys:                          

Thomas H. Strawn, Dyersburg, Tennessee, for the appellant, Latasha
Akins.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; C. Phillip Bivens, District Attorney
General; and Karen W. Burns, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Defendant, Latasha Atkins, appeals her jury conviction for
possession of cocaine with intent to sell, contending the evidence is
insufficient to support her conviction.  We disagree and affirm the
judgment of the trial court.

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

STATE OF TENNESSEE v. TRAVIS PARSON
WITH DISSENTING OPINION

Court:TCCA

Attorneys:                          

Robert Wilson, Shelby County Public Defender (of counsel); Garland
Erguden, Assistant Public Defender (on appeal); Teresa Jones,
Assistant Public Defender (at trial); and Anne Tipton, Memphis,
Tennessee (at trial), for the appellant, Travis Parson.

Paul G. Summers, Attorney General & Reporter; Braden H. Boucek,
Assistant Attorney General; and Scott Bearup and Patience Branham,
Assistant District Attorneys General, for the appellee, State of
Tennessee.

Judge: WADE

First Paragraph:

The defendant, Travis Parson, and co-defendant Marcus Johnson were
initially indicted for two counts of especially aggravated robbery,
premeditated murder, and felony murder. The defendant was convicted of
two counts of especially aggravated robbery and one count of
criminally negligent homicide.  The trial court imposed consecutive
sentences of twenty years for each of the robbery convictions and a
concurrent sentence of two years for the homicide conviction, an
effective sentence of forty years.  In this appeal of right, the
defendant asserts that the sentences are excessive and that the trial
court erred by ordering consecutive sentencing.  Because the
defendant's dual convictions for especially aggravated robbery violate
the principles of double jeopardy, only one of the convictions is
affirmed.  The other is modified to aggravated assault.  Because the
record does not support consecutive sentencing, the sentences are
ordered to be served concurrently.  The aggravated assault conviction
is remanded to the trial court for sentencing.  The remainder of the
judgments of the trial court are affirmed.

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

DISSENTING OPINION
http://www.tba.org/tba_files/TCCA/parsontravis_dis.wpd

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