TBALink Opinion-Flash

December 12, 1996 -- Volume #2 -- Number #114

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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00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
02-New Opinons From TCA
01-New Opinons From TCCA

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George Dean
TBALink Chief Editor


DARRYL JONES, as surviving next of kin of GOLDIE JONES, Deceased
vs.
DANA A. WATSON and SHEREE WATSON

Court:TCA

ERICH W. JAMES and GEORGE E. SKOUTERIS, SR., Memphis, Attorneys for
Plaintiff.

JOHN D. RICHARDSON and KEVIN COMBS, The Richardson Law Firm, Memphis,
Attorneys for Defendants.

Judge: TOMLIN

First Paragraph:

Darryl Jones filed suit in the Circuit Court of Shelby County against
Dana A. Watson and Sheree Watson to recover damages for the wrongful
death of his wife, Goldie Jones, as a result of a motor vehicle
accident. Allstate ultimately entered into a settlement agreement with
plaintiff and pursuant thereto issued not one but two consecutive
settlement checks to plaintiff.  Because the son of the deceased wife
incorrectly filed a wrongful death action on his own behalf, plaintiff
was prevented from consummating the settlement agreement with
Allstate. Some three years after plaintiff's suit had been filed,
defendants filed a motion to dismiss on the grounds that plaintiff had
failed to comply with Rules 3 and 4 T.R.C.P. The trial court granted
the defendants' motion to dismiss.  The sole issue presented by
plaintiff on appeal is whether the trial court erred in so doing.  We
find that it did and reverse.

URL:http://www.tba.org/tba_files/TCA/JONESD_OPN.WP6
Opinion-Flash

LOIS SMITH and CECIL SMITH
VS.
BETHEL MARIE (SMITH) SCHNEIDER
VS. 
ROGER ALLEN SMITH

Court:TCA

Lloyd R. Tatum,
TATUM & TATUM, Henderson, Tennessee 
Attorney for Appellants                         

Judge: FARMER

First Paragraph:

Lois Smith and Cecil Smith appeal from the trial court's denial of
their petition seeking visitation rights with their grandson, Jonathon
Allen Smith, pursuant to T.C.A. S 36-6-301.  The appellants are the
parents of Roger Allen Smith whose marriage to Bethel Marie Smith (now
Schneider) ended in divorce in April 1990.  Jonathon Allen Smith was
born to that marriage and was age 7 at the time of the hearing which
is the subject of this appeal.  Custody of Jonathon was awarded to his
mother. AFFIRMED AND REMANDED.

URL:http://www.tba.org/tba_files/TCA/SMITHLO_OPN.WP6
Opinion-Flash

TAURUS L. GAINES
VS.
STATE OF TENNESSEE

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

WILLIAM B. SELIGSTEIN           CHARLES W. BURSON
Suite 2003, 100 North Main      Attorney General and Reporter
Memphis, TN 38103
                                CHRISTINA S. SHEVALIER
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                JOHN W. PIEROTTI
                                District Attorney General
    
                                J. ROBERT CARTER, JR.
                                Assistant District Attorney General
                                Criminal Justice Complex, 3rd Floor
                                Memphis, TN 38103
                       

Judge: SMITH

First Paragraph:

Appellant Taurus L. Gaines appeals from the denial of his petition for
post-conviction relief.  In October 1990, a jury found Appellant
guilty of first degree murder and assault with intent to commit second
degree murder.  Because Appellant was a juvenile when he committed
murder, he was not eligible to receive the death penalty. Instead,
Appellant received a life sentence for murder to run concurrently with
a one year sentence for assault.  On January 15, 1992, this Court
affirmed Appellant's conviction for first degree murder. On July 31,
1992, Appellant filed a pro se petition for post-conviction relief,
alleging ineffective assistance of counsel. The post-conviction court
denied Appellant's petition, finding that Appellant's claims were
meritless.  AFFIRMED.

URL:http://www.tba.org/tba_files/TCCA/GAINEST_OPN.WP6

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