Opinion Flash

September 10, 2004
Volume 10 — Number 175

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
03 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


OPAL J. BROCK v. MEIGS COUNTY, TENNESSEE

Court:TCA

Attorneys:                          

W. Holt Smith, Madisonville, Tennessee, and Randy G. Rogers, Athens,
Tennessee, for Appellants.

Michael E.. Evans and Terri L. Bernal, Nashville, Tennessee, for
Appellee.

Judge: FRANKS

First Paragraph:

Plaintiff sustained injuries from a fall in the court house and sued
the County for maintaining a dangerous stairway.  Following trial, the
Court entered a Judgment for defendant. We affirm.

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

WENDY KING (GRAHAM) v. TIMOTHY KING

Court:TCA

Attorneys:                          

Clark Lee Shaw, Nashville, Tennessee, for the appellant, Wendy King
Graham.

Keith s. Smartt, McMinnville, Tennessee, for the appellee, Timothy
King.

Judge: FARMER

First Paragraph:

The trial court denied Mother's petition to change custody of the
parties' minor children from Father to Mother.  We affirm.

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

TINA MARIE WENINGER v. JERRY CRAIG WENINGER

Court:TCA

Attorneys:                          

Markley Runyon Gill, Erin, Tennessee, for the appellant, Jerry Craig
Weninger.

Larry B. Watson, Clarksville, Tennessee, for the appellee, Tina Marie
Weninger.

Judge: FARMER

First Paragraph:

This appeal arises from a divorce action.  The trial court awarded
primary residential custody to mother and standard visitation to
father.  We affirm.

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

JAMES BELL, JR. v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

James Bell, Jr., N.W.C.X., Tiptonville, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter, and Jennifer L.
Bledsoe, Assistant Attorney General, for the appellee, State of
Tennessee.

Judge: GLENN

First Paragraph:

The petitioner, James Bell, Jr., entered pleas of guilty to a number
of offenses in the Shelby County Criminal Court in 1997 and 2000, and
subsequently filed a petition for writ of habeas corpus in the Lake
County Circuit Court, asserting that his convictions were void and his
sentences illegal.  The court denied the petition without a hearing,
and this appeal followed.  We affirm the denial of the petition, but
remand to the Shelby County Criminal Court for a hearing to identify
what disposition was intended as to each of the indictments and entry
of corrected judgments to reflect those determinations.

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

MEMPHIS BONDING COMPANY v. WILLIE JAMES BASSETT

Court:TCCA

Attorneys:                          

Michael J. Gatlin, Memphis Tennessee, for the appellant, Memphis
Bonding Company.

Willie James Bassett, pro se, appellee.

Judge: WADE

First Paragraph:

The appellant, Memphis Bonding Company, appeals the trial court's
order requiring a partial refund to the defendant, Willie James
Bassett.  Because the governing statute does not permit a refund under
the circumstances of this case, the judgment of the trial court is
reversed.

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

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