Opinion Flash

April 19, 2004
Volume 10 — Number 075

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
04 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


SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0419.wpd

KENNETH W. MARTIN v. MARTHA MARTIN

Court:TCA

Attorneys:                          

Clark Lee Shaw, Nashville, Tennessee, for the appellant, Kenneth W.
Martin.

Bruce N. Oldham, Sue Hynds Dunning, Gallatin, Tennessee, for the
appellee, Martha Gambrell Martin.

Judge: COTTRELL

First Paragraph:

After a sixteen-year marriage and two children, Husband and Wife both
filed for divorce.  Wife stipulated that Husband was entitled to a
divorce.  After hearing the evidence, the trial court fashioned a
parenting plan which named Mother the primary residential parent with
visitation for Husband; accepted the parties' stipulation with respect
to the marital property; divided the remaining contested marital
property; and ordered the parties to pay their own attorney's fees. 
Husband appeals.  We affirm the judgment of the trial court.

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

RONALD STEPHEN SATTERFIELD v. RENATA E. BLUHM, M.D., and OCCUPATIENT
MEDICAL SERVICES, P.C.

Court:TCA

Attorneys:                          

David S. Wigler, Knoxville, Tennessee, for Appellant.

Nathan D. Rowell, Knoxville, Tennessee, for Appellees.

Judge: FRANKS

First Paragraph:

Plaintiff's claims for defendants aiding and abetting the State in
terminating him and for libel and slander, tortious interference with
his employment contract, outrageous conduct, and negligence were
dismissed in the Trial Court by summary judgment.  Plaintiff has
appealed.  We affirm the Trial Court's Judgment.

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

ANNIE RUTH GILKERSON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Douglas L. Payne, Greeneville, Tennessee, for the appellant, Annie
Ruth Gilkerson.

Paul G. Summers, Attorney General & Reporter; Brent C. Cherry,
Assistant Attorney General; and Eric D. Christiansen, Assistant
District Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The petitioner, Annie Ruth Gilkerson, appeals from the post-conviction
court's dismissal of her petition for post-conviction relief.  Because
the petition is barred by the statute of limitations, the judgment is
affirmed.

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

STATE OF TENNESSEE v. VINCENT JACKSON

Court:TCCA

Attorneys:                          

Robert L. Parris, Memphis, Tennessee (at post-trial hearing and on
appeal); Mike Roberts, Memphis, Tennessee (at post-trial hearing); and
Betty Thomas, Assistant Public Defender (at trial), for the appellant,
Vincent Jackson.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Daniel R. Woody, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

A jury convicted the defendant of premeditated first degree murder,
and the trial court sentenced him to life imprisonment.  On appeal,
the defendant contends: (1) the trial court erred in denying his
motion to suppress his statement to the police; (2) the trial court
erred in denying his motion for a new trial due to jury misconduct;
and (3)  the evidence is insufficient to support his conviction.  We
reduce the conviction to second degree murder and remand for
sentencing.

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

STATE OF TENNESSEE v. MARION SHAWN LAUGHRUN

Court:TCCA

Attorneys:                          

Deborah Black Huskins, Johnson City, Tennessee, for the appellant,
Marion Shawn Laughrun.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Joe Crumley, District Attorney General;
and Dennis Brooks, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Marion Shawn Laughrun, pled guilty to two counts of
theft in the Washington County Criminal Court and received a total
effective sentence of two years and one day in the Tennessee
Department of Correction.  The trial court granted the appellant
probation on both of his sentences.  While on probation, the appellant
pled guilty to attempted robbery and received a sentence of four years
incarceration in the Tennessee Department of Correction.  As a result
of the new conviction, the trial court revoked the appellant's
probation on the theft convictions and ordered the original sentences
to be served in confinement.  Additionally, the court refused to grant
the appellant an alternative sentence on the attempted robbery
conviction.  The appellant appeals both the probation revocation and
the denial of alternative sentencing.  Upon review of the record and
parties' briefs, we affirm the judgments of the trial court.

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

STATE OF TENNESSEE v. FRED L. MAINES

Court:TCCA

Attorneys:                          

Julie A. Rice, Knoxville, Tennessee (on appeal), and Michael
LaGuardia, Kingsport, Tennessee (at trial), for the appellant, Fred L.
Maines.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and Teresa Murray-Smith and Robert Montgomery, Assistant
District Attorneys General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Fred L. Maines, was indicted by the Sullivan County
Grand Jury for driving under the influence, fourth offense, a Class E
felony.  The appellant subsequently pled guilty to driving under the
influence, first offense, a Class A misdemeanor, with the sentence to
be determined by the trial court.  Following a hearing, the trial
court sentenced the appellant to eleven months and twenty- nine days
confinement in the county jail, to be served at seventy-five percent. 
The trial court also imposed a three hundred fifty dollar ($350) fine
and suspended the appellant's driver's license for one year.  On
appeal, the appellant contends that the trial court erred by ordering
the appellant to serve seventy-five percent of his sentence in
confinement.  Upon review of the record and the parties' briefs, we
affirm the judgment of the trial court.

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

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