Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.
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AMENDMENT TO RULE 11, RULES OF THE SUPREME COURT OF TENNESSEE SUBSTITUTE JUDGE CONSENT FORM Court:TSC - Rules Judge: BIRCH First Paragraph: Rule 11, Rules of the Tennessee Supreme Court, is hereby amended by adding the following new section: VII. Courts to be Open; Substitute Judges. URL:http://www.tba.org/tba_files/TSC_Rules/RUL11AMD_ORD.WP6 URL:http://www.tba.org/tba_files/TSC_Rules/RUL11AMD_FRM.WP6 CYNTHIA ALBRIGHT vs. JOSEPH L. MERCER, III Court:TCA ATTORNEY FOR DEFENDANT/APPELLANT ATTORNEY FOR PLAINTIFF/APPELLEE KEITH JORDAN, ESQ. R. E. LEE DAVIES 227 Second Avenue North Hartzog, Silva & Davies Suite 360-M 123 Fifth Avenue North Nashville, Tennessee 37201 P.O. Box 664 Franklin, Tennessee 37065-0664 Judge: LEWIS First Paragraph: This is an appeal by defendant/appellant, Joseph L. Mercer, III, from a decision of the Chancery Court for Williamson County awarding plaintiff/appellee, Cynthia Albright, attorney's fees of $1,000.00. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/ALBRIGHT_OPN.WP6 ELIZABETH ANN BOUTIN vs. FRANCIS JOHN BOUTIN Court:TCA For the Plaintiff/Appellee: For the Defendant/Appellant: Virginia Lee Story Ewing Sellers Franklin, Tennessee SMITH & SELLERS Murfreesboro, Tennessee Judge: KOCH First Paragraph: This appeal involves a provision in a marital dissolution agreement requiring the father to prepay his child support. Upon discovering that one of his children had decided not to complete high school, the father stopped paying the agreed amount of child support and filed a petition to terminate his child support obligation on the ground that the prepayment agreement was premised on the children's continued enrollment in high school. The Chancery Court for Williamson County denied the petition, and the father perfected this appeal. We have determined that the trial court correctly enforced the amended marital dissolution agreement and accordingly affirm the judgment as modified herein. URL:http://www.tba.org/tba_files/TCA/BOUTIN_OPN.WP6 JOHNNY L. BUTLER VS. STATE OF TENNESSEE Court:TCA FOR THE APPELLANT: FOR THE APPELLEE: JOHNNY L. BUTLER, pro se CHARLES W. BURSON F.R.N. 12790-076 Attorney General & Reporter USP Box PMB Atlanta, GA 30315 ELLEN H. POLLACK Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 JOHN W. PIEROTTI District Attorney General C. ALANDA HORNE Asst. District Attorney General 201 Poplar, Suite 301 Memphis, TN 38103-1947 Judge: PEAY First Paragraph: The petitioner, who is serving a sentence for a federal court conviction, has filed two petitions attacking prior state convictions which were used to enhance the sentence for the federal conviction. These two petitions, called petitions for the writ of coram nobis or for habeas corpus, were dismissed by the trial court without a hearing on the basis that they were actually petitions for post-conviction relief and barred by the statute of limitations. We agree with the trial court. URL:http://www.tba.org/tba_files/TCA/BUTLERJL_OPN.WP6 COLEMILL ENTERPRISES, INC., vs. JOE HUDDLESTON, Commissioner of Tennessee Department of Revenue Court:TCA ATTORNEY FOR PLAINTIFF/APPELLANT ATTORNEYS FOR DEFENDANT/APPELLEE RICHARD L. COLBERT CHARLES W. BURSON Cornelius & Collins Attorney General and Reporter Suite 2700 Nashville City Center STEVEN M. RODERICK 511 Union Street Assistant Attorney General P. O. Box 190695 Attorney General's Office Nashville, TN 37219 Tax Division 404 James Robertson Parkway Suite 2121 Nashville, TN 37243-0489 Judge: LEWIS First Paragraph: This is an appeal by plaintiff/appellant, Colemill Enterprises, Inc. ("Colemill"), from a decision of the chancery court which affirmed the determination of defendant/appellee, Joe Huddleston, Commissioner of the Tennessee Department of Revenue ("Commissioner"), that Colemill owed certain state and local sales and use taxes. URL:http://www.tba.org/tba_files/TCA/COLEMILL_OPN.WP6 ALLEN D. CURTIS and CAROLYN JUNE CURTIS vs. WILLIAM M. RICE, and RICE & PAPUCHIS CONSTRUCTION COMPANY, INC. Court:TCA ATTORNEY FOR PLAINTIFF/APPELLANT ATTORNEY FOR DEFENDANTS/APPELLEES JERRY C. SHELTON JAMES C. BRADSHAW, III Lyell, Seaman & Shelton Wyatt, Tarrant & Combs 611 Commerce Street, Suite 2704 313 East Main Street, Suite 1 Nashville, TN 37203 Hendersonville, TN 37075 ATTORNEY FOR INTERVENING PLAINTIFF/APPELLANT CLINTON L. KELLY Kelly and Kelly 629 East Main Street Hendersonville, TN 37075 Judge: LEWIS First Paragraph: This is an appeal by plaintiffs/appellants, Allen D. Curtis and his wife, Carolyn June Curtis, from a decision of the chancery court which dissolved the partnership formed between Curtis and defendant/appellee, William M. Rice, and which distributed the partnership's assets. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/CURTISAD_OPN.WP6 FREDDIE LEE JONES VS. MICHAEL C. GREENE, COMMISSIONER, TENNESSEE DEPARTMENT OF SAFETY Court:TCA For the Plaintiff/Appellant: For the Defendant/Appellee: E.E. Edwards, III Charles W. Burson James A. Simmons Attorney General and Reporter Nashville, Tennessee Rebecca Lyford Counsel to the State Nashville, Tennessee Judge: KOCH First Paragraph: This appeal involves over $45,000 seized during the search of a house in Memphis for illegal drugs. After the Commissioner of Safety ordered the forfeiture of the money, the person claiming the funds filed a petition for review in the Chancery Court for Davidson County asserting that the forfeiture statutes deprived him of his constitutional right to a jury trial and violated the Equal Protection and Due Process Clauses of the United States and Tennessee Constitutions. The trial court upheld the forfeiture statutes and the forfeiture, and this appeal followed. We have determined that Tennessee's forfeiture statutes are constitutional and that the record contains substantial and material evidence supporting the commissioner's forfeiture order. Accordingly, we affirm the judgment. URL:http://www.tba.org/tba_files/TCA/JONESFL_OPN.WP6 STATE OF TENNESSEE VS. RUSSELL A. BURRIS Court:TCCA ROBERT T. VAUGHN CHARLES W. BURSON -and- Attorney General & Reporter JOHN B. BLAIR, III 176 Second Ave. N., Ste. 406 DARIAN B. TAYLOR Nashville, TN 37201 Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 RANDALL NICHOLS District Attorney General ROBERT L. JOLLEY, JR. Asst. District Attorney General City-County Bldg. Knoxville, TN 37902 Judge: PEAY First Paragraph: The defendant pled guilty in 1995 to voluntary manslaughter for killing the victim in 1980. After a hearing he was sentenced to an indeterminate sentence of four to ten years, the first thirty days to be served in county jail, the next five months on work release, and the remaining nine years and six months on probation. As a condition of probation, the court below ordered the defendant to pay restitution of approximately ninety five thousand dollars ($95,000). In this appeal as of right, the defendant challenges the sentencing court's order of restitution. The State contends that the defendant was improperly sentenced to split confinement. Because we find the defendant's sentence to be illegal, we remand this matter for resentencing. URL:http://www.tba.org/tba_files/TCCA/BURRISRA_OPN.WP6 TIM DENTON vs. STATE OF TENNESSEE Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: William Leibrock Charles W. Burson 339 Main Street Attorney General & Reporter Newport, TN 37821 Christina S. Shevalier Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Alfred C. Schmutzer, Jr. District Attorney General James B. Dunn and Richard Vance Asst. Dist. Attorneys General 339A East Main Street Newport, TN 37821 Judge: BURCH First Paragraph: Following a jury trial, Appellant was convicted of the crimes of aggravated rape, aggravated kidnapping and armed robbery. Co- defendant Wiley was convicted of aggravated rape and aggravated kidnapping. Two other co-defendants were acquitted of all charges. The convictions of Appellant and Wiley were affirmed on appeal. URL:http://www.tba.org/tba_files/TCCA/DENTONT_OPN.WP6 STATE OF TENNESSEE VS. RALPH NELMS Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Larry R. Dillow Charles W. Burson Attorney at Law Attorney General & Reporter 421 E. Market Street P.O. Box 3886 Hunt S. Brown Kingsport, TN 37664 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 H. Greeley Wells, Jr. District Attorney General David Overbay Asst. Dist. Attorney General P.O. Box 526 Blountville, TN 37617-0526 Judge: SUMMERS First Paragraph: The appellant, Ralph Nelms, was indicted for multiple counts of selling cocaine, possession of cocaine, possession of marijuana, and possession of drug paraphernalia. Following a summary administrative forfeiture, he moved the trial court to dismiss his criminal charges. He argued that the double jeopardy clause prohibited further criminal prosecution. The trial judge denied the motion. The appellant's request for an interlocutory appeal was denied. The case is before us on extraordinary appeal. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/NELMSRLP_OPN.WP6
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