Quarterly Litigation Upate: Recent Developments in Litigation for
Tennessee Attorneys
March 25 Teleseminar

The TBA Litigation section presents this fast-paced, quarterly update
on recent developments in litigation for Tennessee attorneys. This
update will cover breaking developments in Commercial Law and Consumer
Protection, Contracts and Insurance. Listen in from the comfort of
your own office.

Today's Opinions: March 3, 2005
Volume 11 — Number 041
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.
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
05 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

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 or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi.

Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. • Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. • 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


BERNADETTE BENSON v. NATHAN BERRYMAN, ET AL.

Court:TCA

Attorneys:                          

Darrell J. O'Neal, Memphis, TN, for Appellant

J. Michael Fletcher, Memphis, TN, for Appellee City of Memphis

Judge: HIGHERS

First Paragraph:

This appeal arises out of an action by Appellant for a claim of
negligence.  After the close of Appellant's proof, Appellee moved for
involuntary dismissal based on the lack of evidence concerning the
actions of the emergency vehicle involved in the automobile accident. 
The trial court granted the motion on this basis, and Appellant now
seeks review by this Court.  We affirm.

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

PRESTON U. PENDERGRASS v. KEVIN MYERS, WARDEN

Court:TCA

Attorneys:                          

Preston U. Pendergrass, South Central Correctional Center, Clifton,
Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; and Richard H.
Dunavant, Assistant Attorney General, for the appellee, State of
Tennessee.

Judge: GLENN

First Paragraph:

The petitioner, Preston U. Pendergrass, appeals the summary dismissal
of his petition for writ of habeas corpus, arguing that the
indictment, which charged him with two counts of attempted first
degree murder, failed to state the facts constituting an offense,
thereby depriving the convicting court of jurisdiction and rendering
his judgments void.  The petitioner further argues that the court
erred by not appointing appellate counsel as requested.  Following our
review, we affirm the judgment of the trial court dismissing the
petition for writ of habeas corpus.

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

STATE OF TENNESSEE v. ANTHONY D. AZIZ

Court:TCCA

Attorneys:                          

Stephen M. Wallace, District Public Defender; and William A. Kennedy,
Assistant District Public Defender, for the Appellant, Anthony D.
Aziz.

Paul G. Summers, Attorney General & Reporter; Renee W. Turner,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and Barry Staubus, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The defendant, Anthony D. Aziz, appeals from the Sullivan County
Criminal Court's denial of alternative sentencing.  We affirm the
judgment.

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

STATE OF TENNESSEE v. BARRY WAYNE DUNHAM
WITH DISSENTING OPINION

Court:TCCA

Attorneys:                          

B. F. "Jack" Lowery and G. Jeff Cherry, Lebanon, Tennessee (on
appeal); Comer L. Donnell, District Public Defender, and Thomas H.
Bilbrey, Assistant Public Defender (at trial), for the appellant,
Barry Wayne Dunham.

Paul G. Summers, Attorney General and Reporter; Richard H. Dunavant,
Assistant Attorney General; Tom P. Thompson, District Attorney
General; and Robert N. Hibbett, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The defendant, Barry Wayne Dunham, was convicted by a Macon County
Criminal Court jury of the first degree premeditated murder of his
father and sentenced to life imprisonment.   On appeal, he argues that
the trial court erred by: (1) restricting defense counsel's voir dire
of the jury venire; (2) interfering with defense counsel's examination
of a witness and denying the defendant's motion for a mistrial based
on the court's allegedly prejudicial commentary on the witness's
testimony; and (3) disallowing a defense expert witness on the subject
of domestic violence.  Finding no reversible error, we affirm the
judgment of the trial court.

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

DISSENTING OPINION
http://www.tba.org/tba_files/TCCA/dunhambarryw_dis.wpd

CALVIN J. OLIVER v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Danessa M. Aldridge, Fayetteville, Tennessee, for the appellant,
Calvin J. Oliver.

Paul G. Summers, Attorney General and Reporter; David E. Coenen,
Assistant Attorney General; William Michael McCown, District Attorney
General; and Weakley E. Barnard, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The petitioner appeals the denial of his petition for post-conviction
relief, arguing that his guilty pleas were unknowing and involuntary
and that his trial counsel were ineffective for failing to adequately
explain the consequences of the pleas and for failing to raise the
issue of his mental competency at the sentencing hearing.  Following
our review, we affirm the post-conviction court's denial of the
petition.

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

SANDRA KAYE KEMP PARISH, ET AL. v. JERRY DONALD KEMP, ET AL.

Court:TCCA

Attorneys:                          

Kenneth R. Jones, Jr., Nashville, TN, for Appellants

Robert T. Keeton, Jr., Laura A. Keeton, Huntingdon, TN, for Appellees

Judge: HIGHERS

First Paragraph:

This appeal arises out of a complaint filed by Appellants seeking to
invalidate certain inter vivos transfers made by Decedent as well as
the Wills executed by Decedent while living with Appellees.  After a
hearing in which a jury received evidence from numerous witnesses and
exhibits, Appellants sought a directed verdict on whether, as a matter
of law, the burden to prove the validity of the Wills and the inter
vivos transfers shifted to Appellees.  The trial court denied this
motion, and the jury returned a verdict in favor of Appellees,
upholding Decedent's Last Will and Testament and the inter vivos
transfers.  Review by this Court is sought by Appellants, and, for the
following reasons, we reverse.

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

CHRISTOPHER LEE TUTTLE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Peter J. Strianse, Nashville, Tennessee, and Kimberly S. Hodde,
Madison, Tennessee, for the appellant, Christopher Lee Tuttle.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; Victor S. Johnson, III,
District Attorney General; and John C. Zimmerman, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The petitioner, Christopher Lee Tuttle, appeals as of right the
judgment of the Davidson County Criminal Court dismissing his petition
for post-conviction relief from his convictions for drug-related
offenses and effective forty-year sentence.  The petitioner contends
(1) that the state breached his plea agreement which undermined the
voluntariness of his guilty plea and (2) that the state engaged in
prosecutorial misconduct by acting vindictively and violating Rule
8(a), Tenn. R. Crim. P., requiring mandatory joinder.  We affirm the
trial court's denial of post-conviction relief.

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

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

TBALink HomeContact UsPageFinderWhat's NewHelp

© Copyright 2005 Tennessee Bar Association