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Today's Opinions: August 24, 2005
Volume 11 — Number 162
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
01 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
05 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

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


WAED H. ALASSAADIv. DAVIDSON TRANSIT ORGANIZATION

Court: TWCA

Attorneys:

Stanley A. Davis, Nashville, Tennessee, for the appellant, Waed
Alassaadi. 

Terry L. Hill, Nashville, Tennessee, for the appellee, Davidson
Transit Organization. 

Judge: HARRIS

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel in accordance with Tennessee Code
Annotated section 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.In this
appeal, the employee asserts that the trial court erred in finding he
was not entitled to reimbursement for medical expenses for
unauthorized physicians and in finding he sustained only a 5%
permanent partial disability to the whole person as the result of an
injury occurring during the course of the appellant's employment with
the Davidson Transit Organization.We conclude that the evidence
presented supports the findings of the trial judge and, in accordance
with Tennessee Code Annotated section 50-6-225(e)(2), affirm the
judgment of the trial court. 

http://www.tba.org/tba_files/TSC_WCP/2005/alissaadiw82405.pdf

MELINDA DIANE ANDERSON (BYRD) v. DONALD MATTHEW ANDERSON, SR. 

Court: TCA

Attorneys:

John Banks Link, Nashville, Tennessee, for the appellant, Melinda
Diane Anderson Byrd. 

Charles Hill Beaty, Gallatin, Tennessee, for the appellee, Donald
Matthew Anderson, Sr. 

Judge: CAIN

In this extended post-divorce battle over child support, alimony,
property division and variousother imaginative issues, the trial
court granted summary judgment to the defendant.The judgment of the
trial court is vacated, and the cause is remanded for trial of
specific issues. 

http://www.tba.org/tba_files/TCA/2005/andersonm82405.pdf

ELORIS WILLIAMS PRESLEY v. CHARLES RAY SATTLER 

Court: TCA

Attorneys:

Eloris Williams Presley, Madison, Tennessee, Pro Se. 

Charles Sattler, Eunice, Louisiana, Pro Se. 

Judge: KOCH

This appeal involves a former wife‚s efforts to recover damages from
her former husband formisdeeds during their marriage and following
their divorce.Approximately ten years after the parties‚ divorce in
Louisiana, the former wife filed a pro se complaint in the Circuit
Court forDavidson County seeking to recover $10,000,000 from her
former husband for „eight years of trauma and distress, abuse and
torture.šThe former husband filed a pro se „exceptionš to thetrial
court‚s subject matter jurisdiction.The trial court dismissed the
complaint, and the former wife has appealed.We affirm the dismissal
of the complaint. 

http://www.tba.org/tba_files/TCA/2005/presleye82405.pdf

FREDERICK MARTIN UMANS v. DEBORAH LYNNE UMANS

Court: TCA

Attorneys:

Clark Lee Shaw, Nashville, Tennessee, for the appellant, Frederic
Martin Umans. 

Thomas F. Bloom, Nashville, Tennessee, for the appellee, Deborah Lynn
Umans. 

Judge: COTTRELL

Former husband appeals trial court‚s denial of a reduction in
alimony, the effective date of thechild support reduction, the award
of attorney‚s fees and the finding of criminal contempt.The trial
court is affirmed in all respects except the finding of criminal
contempt which is reversedfor lack of proof of willfulness. 

http://www.tba.org/tba_files/TCA/2005/umansf82405.pdf

BEN PRUITT v.CITY OF MEMPHIS AND CITY OF MEMPHIS CIVIL SERVICE
COMMISSION 

Court: TCA

Attorneys:

Sara L. Hall, City Attorney, and Carmalita Carletos-Drayton,
Assistant City Attorney, Memphis,Tennessee, for the appellant, City
of Memphis. 

Thomas E. Hansom, Memphis, Tennessee, for the appellee, Ben Pruitt.

Judge: KIRBY

This is an appeal from the trial court‚s reversal of an
administrative decision.The plaintiffpolice officer was involved in a
one-car collision while driving a police van.At the time, he was on
sick leave and was not authorized to be driving the van.The van
contained numerous high-powered police weapons.After the accident,
the officer locked the van and left it at the accident scene
overnight.The next day, the officer notified the police department
about the accident.The officer was later terminated for his conduct
arising out of the accident.The officer appealed his termination to
the Civil Service Commission, which upheld the termination.The
officer thenfiled the instant lawsuit in the lower court, seeking a
review of the Commission‚s decision.The trial court reversed the
Commission, holding that no material evidence supported its decision
touphold the termination.From that decision, the City now appeals.We
reverse the decision of the trial court and uphold the Civil Service
Commission‚s decision to terminate the plaintiffofficer, finding
material evidence in the record to support the Civil Service
Commission‚s decision. 

http://www.tba.org/tba_files/TCA/2005/pruittb82405.pdf

STEPHANIE TODD WATSON v. TIMOTHY JAMES WATSON 

Court: TCA

Attorneys:

Harold F. Johnson, Jackson, for defendant/appellant Timothy James
Watson 

Betty Stafford Scott, Jackson, and Mary Jo Middlebrooks, Jackson, for
plaintiff/appelleeStephanie Todd Watson 

Judge: KIRBY

This case is about parental relocation and child custody. The parents
of a minor child divorced in2001.Both parents lived in Lexington,
Tennessee, and, at the time of the divorce, agreed to joint
custody.The child alternated daily between the parents‚ homes.In
2002, the mother remarriedand moved to Murfreesboro, Tennessee.The
mother petitioned the court to designate her as primary residential
parent and allow her to move the child with her to Murfreesboro.The
fatheropposed the petition and asked the court to designate him as
the primary residential parent. The trial court found that it was in
the child‚s best interest to move to Murfreesboro with the mother,and
designated her as primary residential parent.The father appealed.We
affirm, finding that the evidence does not preponderate against the
trial court‚s decision to designate mother as primaryresidential
parent and permit the child to move with her. 

http://www.tba.org/tba_files/TCA/2005/watsons82405.pdf

STATE OF TENNESSEE v. ROGER GENE DAVIS 

Court: TCCA

Attorneys:

J. Liddell Kirk, Knoxville, Tennessee, for the Appellant, Roger Gene
Davis. 

Paul G. Summers, Attorney General & Reporter; Renee W. Turner,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Deborah Herron, Assistant District Attorney General, for
the Appellee, State of Tennessee. 

Judge: WITT

The defendant, Roger Gene Davis, stands convicted of aggravated
assault and robbery, for which he was ordered to serve an effective
six-year sentence.Aggrieved of his convictions and sentences, the
defendant brings this instant appeal challenging the sufficiency of
the evidence to support his convictions and the trial court‚s
imposition of consecutive sentences.After reviewing the record, we
affirm the judgments of the lower court. 

http://www.tba.org/tba_files/TCCA/2005/davisr82405.pdf

STATE OF TENNESSEE v. MARLON AVERY BUSSELL 

Court: TCCA

Attorneys:

Mike Whalen, Knoxville, Tennessee, for the appellant, Marlon Avery
Bussell. 

Paul G. Summers, Attorney General and Reporter; David E. Coenen,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Kevin J. Allen, Assistant District Attorney General, for
the appellee, the State of Tennessee. 

Judge: WOODALL

Defendant, Marlon Avery Bussell, was indicted for first degree felony
murder in count one, and for attempted especially aggravated robbery
in count two.Following a jury trial, Defendant was found guilty of
the lesser included offense of criminally negligent homicide, a Class
E felony, in count one, and of the lesser included offense of
attempted robbery, a Class D felony, in count two.The trial court
sentenced Defendant as a Range I, standard offender to two years for
his criminally negligent homicide conviction and four years for his
attempted robbery conviction, and ordered the sentences to be served
concurrently.The trial court denied Defendant‚s request that he be
granted alternative sentencing, and ordered Defendant to serve his
sentences in confinement.On appeal, Defendant challenges the length
of his sentences and the trial court‚s denial of alternative
sentencing.He does not challenge the sufficiency of the convicting
evidence.Following a thorough review of the record, we affirm the
judgments of the trial court. 

http://www.tba.org/tba_files/TCCA/2005/bussellm82405.pdf

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