Opinion Flash

August 3, 2004
Volume 10 — Number 148

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


ROBERT L. EUBANKS, JR., ET AL. v. PROCRAFT, INC., ET AL.

Court:TCA

Attorneys:                          

Martin B. Bailey, Knoxville, Tennessee, attorney for appellants,
Kryton Canada Corporation and Kryton International, Inc.

Chris Ralls, Maryville, Tennessee, attorney for appellees, Robert L.
Eubanks, Jr., and Pamela E. Eubanks.

Judge: INMAN

First Paragraph:

An applied liquid siding damaged the Plaintiffs' house.  By amended
complaint the Plaintiffs joined the purported manufacturer, a Canadian
corporation, pursuant to the Hague Convention.  Held, not subject to
jurisdiction in Tennessee.

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

FREDERICK TODD SMITH, ET AL. v. JIM CROSSMAN, ET AL.

Court:TCA

Attorneys:                          

Barry L. Gardner, Brentwood, Tennessee, for the appellants Frederick
Todd Smith, James E. Newton, and Heritage Groceries, Inc.

Raymond G. Prince, Nashville, Tennessee, for the appellee, Jim
Crossman, Individually, and d/b/a Jim Crossman Realty.

Judge: COTTRELL

First Paragraph:

This appeal involves the interpretation of the attorney's fee
provision in a lease agreement.  The trial court awarded Landlord
attorney's fees, and Tenants appeal.  We reverse the award of
attorney's fees, finding no contractual basis exists for the award.

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

STATE OF TENNESSEE v. PATRICIA SUDBERRY BUTLER

Court:TCCA

Attorneys:                          

Andrew Jackson Dearing, III, Assistant Public Defender (at trial), and
Merrilyn Feirman, Nashville, Tennessee (on appeal), for the appellant,
Patricia Sudberry Butler.

Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General; and Michael Randles and Ann Filer,
Assistant District Attorneys General, for the appellee, State of
Tennessee.

Judge: WADE

First Paragraph:

The defendant, Patricia Sudberry Butler, entered pleas of guilty to
two counts of the sale of more than .5 grams of cocaine, two counts of
the delivery of more than .5 grams of cocaine, one count of  the sale
of less than .5 grams of cocaine, and one count of the delivery of
less than .5 grams of cocaine.  See Tenn. Code Ann. S 39-17-417.  The
convictions for the delivery of cocaine were merged into the
accompanying convictions for the sale of cocaine.  The trial court
imposed sentences of eight years for the first conviction of the sale
of more than .5 grams of cocaine, eight years and nine months for the
second conviction of the sale of more than .5 grams of cocaine, and
four years for the conviction of the sale of less than .5 grams of
cocaine.  Because the sentences for the sale of more than .5 grams of
cocaine were ordered to be served consecutively, the effective
sentence is sixteen years and nine months.  In this appeal, the
defendant asserts that the sentence is excessive and that the trial
court erred by denying an alternative sentence.  The judgments of the
trial court are affirmed.

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

STATE OF TENNESSEE v. HARRY G. STURGILL

Court:TCCA

Attorneys:                          

Emma Rae Tennent, Assistant Public Defender, on appeal, and J. Michael
Engle, Assistant Public Defender, at trial, for the appellant, Harry
G. Sturgill.

Paul G. Summers, Attorney General & Reporter; Elizabeth Ryan,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; and Jon Seaborg, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The appellant, Harry G. Sturgill, was convicted by a jury of eight
counts of rape of a child and two counts of statutory rape.  As a
result, he received a twenty-five year sentence for each of his eight
child rape convictions and a two-year sentence for each of his
statutory rape convictions.  Two of the child rape convictions were
ordered to be served consecutively.  All of the other sentences were
ordered to be served concurrently, for an effective fifty-year
sentence.  In this direct appeal, the appellant challenges the
sufficiency of the evidence in regard to his child rape convictions
and the length and consecutive nature of the sentences.  For the
following reasons, we affirm the judgment of the trial court.

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

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