2004: Tennessee Supreme Court in Review
What were the key decisions coming out of the Tennessee Supreme Court
during 2004? And what do you need to learn from them for your
practice? A new TennBarU online course has the answers. Tennessee
Attorneys Memo Editor and TennBarU faculty member Virginia Mayo takes
you through the court year, analyzing cases dealing with torts,
workers' compensation, contracts, taxation, property, family law,
criminal law, criminal procedure, and post-conviction relief.

Today's Opinions: July 13, 2005
Volume 11 — Number 132
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
03 New Opinion(s) from the Tennessee Court of Appeals
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
06 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


RONALD E. CROOK, ET AL. v. ANGELA R. JOCK

Court:TCA

Attorneys:                          

Ronald E. Crook, Pro se. Doyle B. Crook, Sr., Pro se.

William M. Monroe, Memphis, Tennessee, for the appellee Angela R. Jock

Judge: FARMER

First Paragraph:

This appeal lies from a trial court's entry of a purported consent
order of dismissal. The trial court entered judgment based upon the
defendant's submitted consent decree. The plaintiffs contend, however,
that they did not consent to the terms of the order as written and
withdrew any consent prior to entry of the judgment. Because the
statement of the evidence in this case is irreconcilable, we vacate
the judgment of the trial court entering the consent decree.

http://www.tba.org/tba_files/TCA/2005/crookr71305.pdf

HIMELDA FUENTES GUZMAN v. SALVADOR GUZMAN ALVAREZ

Court:TCA

Attorneys:                          

Robert A. Anderson, Nashville, Tennessee, for the appellant, Himelda
Fuentes Guzman.

Edward P. Silva, Franklin, Tennessee, and John D. Kitch, Nashville,
Tennessee, for the appellee, Salvador Guzman Alvares.

Judge: FARMER

First Paragraph:

Husband and Wife were married in Mexico while wife's divorce from her
previous husband remained pending. The couple eventually moved to
Tennessee. Following a marriage of approximatelyeighteen years, wife
filed for divorce allegingadultery, inappropriate marital conduct, and
irreconcilable differences. Husband filed an answer and counterclaim
for annulment alleging that the marriage between the parties was
invalid due to wife's prior subsisting marriage. Following a bench
trial, the court below declared a marriage by estoppel and granted
wife a divorce on the ground of adultery. The trial court then
distributed the parties' accumulated property and ordered husband to
establish a lifetime trust with income to be distributed to wife and
the remainder to the parties' children. The parties were granted joint
custody of their four children with wife designated as primary
residential parent. From this order, wife appeals. For the reasons
stated below, we affirm the judgment of the trial court, as modified.

http://www.tba.org/tba_files/TCA/2005/guzmanh71305.pdf

JOHN EDWARD WOODS v. JILL SUZANNE WOODS

Court:TCA

Attorneys:                          

Thomas F. Bloom, Nashville, Tennessee, for the appellant, John Edward
Woods.

Jeffrey L. Levy, Nashville, Tennessee, for the appellee, Jill Suzanne
Woods.

Judge: KOCH

First Paragraph:

This appeal involves the financial aspects of the dissolution of a
twelve-year marriage. Even though the husband filed a petition for
divorce in the Circuit Court for Williamson County, the parties
eventually stipulated that the wife was entitled to divorce on the
ground of the husband's adultery. Following a bench trial, the court
awarded the wife eighty percent of the net marital estate, $1,000 per
month in rehabilitative alimonyfor three years, $25,000 in alimony in
solido, and one-half of her attorney's fees. The husband appealed. We
have determined that the evidence does not support the manner in which
the trial court divided the marital estate, the amount of the
rehabilitative alimony award, the alimony in solido award, or the
award for attorney's fees. We modify the judgment accordingly.

http://www.tba.org/tba_files/TCA/2005/woodsj71305.pdf

JAMES R. BLEVINS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

James R. Blevins, Mountain City, Tennessee, Pro se.

Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General, for the Appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The pro se petitioner, James R. Blevins, appeals from the dismissal of
his motion to reopen his postconviction petition. The states moves the
court to affirm the judgment of the trial court pursuant to Rule 20 of
this court's rules. The motion was properly dismissed for lack of
merit. Accordingly, the state's motion is granted and the judgment of
the trial court is affirmed.

http://www.tba.org/tba_files/TCCA/2005/blevinsJ71305.pdf

MICHAEL L. SMITH v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Michael L. Smith, Mountain City, Tennessee, Pro se.

Paul G.Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; Joe C. Crumley, Jr., District Attorney
General, for the Appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The petitioner, Michael L. Smith, appeals from the trial court's order
denying his petition for writ of habeas corpus. The state has filed a
motion requesting that this court affirm the trial court's denial of
relief pursuant to Rule 20 of the Rules of the Court of Criminal
Appeals. The petitioner has failed to establish a cognizable claim for
habeas corpus relief. Accordingly, the state's motion is granted and
the judgment of the trial court is affirmed.

http://www.tba.org/tba_files/TCCA/2005/smithm71305.pdf

Authority to Compromise Contested Property Tax Assessments

Date: July 6, 2005

Opinion Number: 05-102

http://www.tba.org/tba_files/AG/2005/op102.pdf

TennCare Reforms 

Date: July 7, 2005

Opinion Number: 05-103

http://www.tba.org/tba_files/AG/2005/op103.pdf

Application of Nepotism Statute

Date: July 7, 2005

Opinion Number: 05-104

http://www.tba.org/tba_files/AG/2005/op104.pdf

Tennessee Department of Transportation's Authority as to Speed Limits
on Interstate Highways

Date: July 7, 2005

Opinion Number: 05-105

http://www.tba.org/tba_files/AG/2005/op105.pdf

Violating an Oath of Office

Date: July 7, 2005 

Opinion Number: 05-106

http://www.tba.org/tba_files/AG/2005/op106.pdf

Traffic Enforcement on Interstate Highways

Date: July 8, 2005

Opinion Number: 05-107

http://www.tba.org/tba_files/AG/2005/op107.pdf

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