Opinion FlashAugust 16, 2004
Volume 10 Number 157
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):
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Howard H. Vogel
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0816.wpd
DAVID HODGE, ET AL. v. SHELLY RENAE CORNELISON, ET AL. Court:TCA Attorneys: T. Holland McKinnie of Franklin for Appellants, Shelly Renae Cornelison and Christopher Cornelison John S. Little of Jackson for Appellees, David Hodge and Cindy Hodge Judge: CRAWFORD First Paragraph: In boundary line dispute, owner of southern tract of real property (appellee) brought action against adjacent land owner to the north (appellant) to quiet title and restrain appellant from alleged offending use of disputed piece of property. Appellant filed counter-claim to quiet title and have appellee ejected from property. Trial court decreed appellee lawful owner of disputed property, relying upon evidence of three iron pins referenced in deed to appellee as the proper boundary markers. We affirm. http://www.tba.org/tba_files/TCA/hodgedav.wpd
STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. C.H.K, and UNKNOWN FATHER IN RE: J.W.P. Court:TCA Attorneys: Kelli Barr Summers, Brentwood, Tennessee, for the Appellant, C.H.K. Paul G. Summers, Attorney General and Reporter, and Elizabeth C. Driver, Assistant Attorney General, Nashville, Tennessee, for the Appellee, State of Tennessee, Department of Children's Services. Susie Piper McGowan, guardian ad litem, Nunnelly, Tennessee, pro se Judge: LEE First Paragraph: This appeal involves a petition filed by the Department of Children's Services to terminate the parental rights of the mother to her three year old son. The Trial Court granted the petition and the mother appealed. We have determined that the Trial Court's judgment must be vacated and remanded because the Trial Court failed to make the specific findings of fact and conclusions of law on the issue of abandonment as required by Tenn. Code Ann.S 36-1-113(k). Further, we find that the Trial Court's judgment must be reversed since there was not clear and convincing evidence for termination pursuant to Tenn. Code Ann. S 36-1-113(g)(3)(A). Therefore, we vacate in part, reverse in part and remand. http://www.tba.org/tba_files/TCA/jwp.wpd
TODD SCHOTT v. ANIMAGIC STUDIOS, LLC Court:TCA Attorneys: Raymond E. Lacy and Cynthia Lacy Wagner, Knoxville, Tennessee, for the Appellant Todd Schott. Robert S. Holland, Knoxville, Tennessee, for the Appellee Animagic Studios, LLC. Judge: SWINEY First Paragraph: Todd Schott ("Plaintiff") filed this lawsuit pursuant to Tenn. Code Ann. S 48-245-801 claiming he was a member of Animagic Studios, LLC ("the LLC"), and also that the LLC owed him over $27,000 in unpaid salary and commissions. Plaintiff requested the Trial Court to appoint a Receiver and to direct the Receiver to liquidate the assets of the LLC for the benefit of the LLC's creditors and otherwise dissolve the LLC. After a trial, the Trial Court concluded Plaintiff was neither a creditor nor a member of the LLC and, therefore, could not maintain this lawsuit against the LLC pursuant to Tenn. Code Ann. S 48-245-801. Plaintiff appeals. We affirm. http://www.tba.org/tba_files/TCA/schotttodd.wpd
ALBERT YARBROUGH v. STATE OF TENNESSEE Court:TCCA Attorneys: Juni S. Ganguli, Memphis, Tennessee, for the appellant, Albert Yarbrough. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and Lee Coffee, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The petitioner, Albert Yarbrough, was convicted by a jury in the Shelby County Criminal Court of rape, a Class B felony. The trial court sentenced the petitioner as a violent offender to fourteen years in the Tennessee Department of Correction. Following an unsuccessful appeal of his conviction, the petitioner filed a petition for post-conviction relief, alleging, among other grounds, ineffective assistance of counsel. The post-conviction court denied the petition, finding the petition to be barred by the statute of limitations and the petitioner's allegations to be without merit. The petitioner now brings this appeal challenging the denial of his petition for relief. Upon review of the record and the parties' briefs, we conclude that the petitioner timely filed his petition for post-conviction relief. However, we affirm the post-conviction court's denial of the petition on the merits. http://www.tba.org/tba_files/TCCA/yarbralb.wpd
Impact of Blakely v. Washington on Tennessee's Sentencing Scheme Date: August 13, 2004 Opinion Number: 04-131 http://www.tba.org/tba_files/AG/2004/op131.pdf
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