Opinion Flash

August 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):
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
03 New Opinion(s) from the Tennessee Court of Appeals
01 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 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

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version.
Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

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_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

PLEASE FORWARD THIS E-MAIL!
Feel free to forward this Opinion Flash on to anyone you know of with an e-mail address.

GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion Flash.

JOIN THE TENNESSEE BAR ASSOCIATION!
While Opinion Flash is a free service of the Tennessee Bar Association, you must be a member of the Tennessee Bar Association in order to access the full text of the opinions or enjoy the many other features of TBALink.

To join the TBA go to: http://www.tba.org/join_bar.mgi

SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion Flash free each day by e-mail? Anyone, whether a TBA member or not, is welcome to subscribe ... it's free! Sign up for text or HTML version.

Visit the TBALink web site at: http://www.tba.org/op-flash.mgi

UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!

But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi


HomeContact UsPageFinderWhat's NewHelp
© Copyright 2004 Tennessee Bar Association