Opinion Flash

April 2, 2004
Volume 10 — Number 064

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
01 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


JENNIFER LYNN WOLERY BRANHAM v. JEFFERY WAYNE BRANHAM

Court:TCA

Attorneys:                          

Denise Terry Stapleton, Morristown, Tennessee, for Appellant.

Jack W. Bowers and Jama L. McMurray, Knoxville, Tennessee, for
Appellee.

Judge: FRANKS

First Paragraph:

Mother petitioned the Court to relocate to Kentucky with the parties
child, which the Trial Court granted.  On appeal, we affirm.

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

TIFFANY REED v. CHRISTOPHER KIDD

Court:TCA

Attorneys:                          

Carrie Kersh Gasaway, Clarksville, Tennessee, for the appellant,
Christopher Kidd.

Christine Zellar Church, Clarksville, Tennessee, for the appellee,
Tiffany Reed.

Judge: CAIN

First Paragraph:

This custody case involves two parents who have never been married and
have not been involved in any prior custody determination regarding
the child at issue.  Father had never seen the child prior to filing
this custody action and had not spoken with Mother since the child's
birth in 1992.  He was served with a paternity action in November 2001
and adjudicated to be the child's father.  On June 4, 2002, he filed
this custody action.  The trial court determined that custody should
remain with Mother and adopted a parenting plan offered by Mother. 
Father appealed.  We affirm the trial court's determination.

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

STATE OF TENNESSEE v. MICHAEL W. GIBSON

Court:TCCA

Attorneys:                          

Charles D. Buckholts (on appeal) and Michael Ritter (at trial), Oak
Ridge, Tennessee, for the appellant, Michael W. Gibson.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; James N. Ramsey, District
Attorney General; and Janice G. Hicks, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant was convicted of assault, a Class A misdemeanor, for
punching a police officer and was sentenced to eleven months,
twenty-nine days, with sixty days to serve before applying for
probation.  He raises seven issues on appeal: (1) whether the trial
court erred in admitting a tape recording of the officer's call to
dispatch; (2) whether the trial court erred in failing to instruct the
jury to disregard the dispatcher's testimony; (3) whether the trial
court erred in denying the defendant's motion for a mistrial based on
the officer's testimony about her recognition of the defendant; (4)
whether the trial court erred in denying the defendant's request to
publish a second officer's supplemental report to the jury; (5)
whether the trial court erred in allowing defense witnesses to be
impeached with evidence of other crimes; (6) whether trial counsel
provided ineffective assistance by withdrawing his request to
cross-examine police officers regarding prior complaints against them
of excessive force; and (7) whether the evidence was sufficient to
sustain the defendant's conviction.  We find no reversible error in
the trial court's evidentiary rulings and conclude that the defendant
failed to meet his burden of demonstrating ineffective assistance of
counsel.  We further conclude there was ample evidence to sustain the
defendant's conviction for assault.  Accordingly, we affirm the
judgment of the trial court.

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

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