TBALink Opinion-Flash

December 18, 1996 -- Volume #2 -- Number #118

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.

This Issue IN THIS ORDER:
00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
07-New Opinons From TCA
04-New Opinons From TCCA

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TBALink Chief Editor


THELMA AILOR, EARL AILOR and PAM AILOR
vs. 
CITY OF MAYNARDVILLE

Court:TCA

JON G. ROACH OF KNOXVILLE FOR CITY OF MAYNARDVILLE
LINDA J. HAMILTON MOWLES OF KNOXVILLE FOR THELMA AILOR, EARL AILOR and
	PAM AILOR
                     
Judge: GODDARD

First Paragraph:

This is an appeal from a judgment entered by the Union County Circuit
Court in a case arising from the failure of the Defendant to repair
the damage to the Plaintiffs' home caused by the blockage of a sewer
line.  Plaintiffs Thelma, Earl, and Pam Ailor filed suit against
Defendant City of Maynardville on September 29, 1992, for breach of
implied contract or contract by estoppel and for negligence under the
Governmental Tort Liability Act.  AFFIRMED AND REMANDED.

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

KENNETH MICHAEL BAILES
vs.
PUBLIC BUILDING AUTHORITY

Court:TCA

PAUL D. HOGAN, JR., OF KNOXVILLE FOR APPELLANT
T. SCOTT JONES OF KNOXVILLE FOR APPELLEE                          

Judge: GODDARD

First Paragraph:

The Public Building Authority of the City of Knoxville appeals a
judgment of $26,873.10 rendered against it in favor of Kenneth Michael
Bailes as a result of injuries suffered by him when he fell while
exiting a malfunctioning elevator in the City County Building.  In
making the award the Trial Court allocated 90 percent of the
negligence causing the accident to the City and 10 percent to Mr.
Bailes. REVERSED, DISMISSED and REMANDED.

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

CASTLEWOOD, INC
vs.
ANDERSON COUNTY, TENNESSEE; PATSY STAIR, Trustee; OWEN K. RICHARDSON,
Tax Assessor; CITY OF OAK RIDGE, TENNESSEE; and the TENNESSEE STATE
BOARD OF EQUALIZATION

Court:TCA

DAVID A. STUART OF CLINTON FOR APPELLANTS ANDERSON COUNTY, PATSY STAIR
	and OWEN K. RICHARDSON
CHARLES W. BURSON, Attorney General of Tennessee, and CHRISTINE LAPPS,
	Assistant Attorney General, OF NASHVILLE FOR APPELLANT TENNESSEE 
	STATE BOARD OF EQUALIZATION
BERNARD E. BERNSTEIN and DORIS C. ALLEN OF KNOXVILLE FOR APPELLEE

Judge: GODDARD   

First Paragraph:

This is an appeal from a judgment entered by the Anderson County
Chancery Court holding that the Appellee's condominium units should be
classified as residential property and assessed at 25 percent of their
value for property tax purposes rather than being classified as
industrial and commercial property and assessed at 40 percent of their
value. VACATED AND REMANDED.

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

JOHN TIMOTHY ENOCHS
vs. 
DR. GEORGE N. NERREN, Superintendent of Dyersburg City Schools, and
THE DYERSBURG BOARD OF EDUCATION

Court:TCA

    For the Plaintiff/Appellant:        For The Defendants/Appellees:
Charles Hampton White               Nicholas E. Bragorgos
Richard L. Colbert                  James F. Horner
Nashville, Tennessee                Memphis, Tennessee

Judge: LILLARD

First Paragraph:

This case involves the dismissal of a tenured teacher. Appellant
John Timothy Enochs ("Enochs") challenges his discharge by Appellee
Dyersburg Board of Education ("Board") from his position as a tenured
teacher in the Dyersburg City School System.  After a hearing, Enochs'
dismissal was affirmed by the trial court. In this appeal, Enochs
claims that the trial court's hearing and review of the Board's
dismissal violated the Teacher Tenure Act and his right to due
process.  We affirm the decision of the trial court.

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

BILLIE J. METCALFE, ET AL
vs.
LARRY J. WATERS and CHARLES W. PRUITT

Court:TCA

C. Philip M. Campbell and R. Sadler Bailey, Law Offices of Bailey &
	Associates of Memphis, For Appellees
Paul E. Lewis of Millington, For Appellant, Waters
Robert C. Rosenbush of Millington, For Appellant, Pruitt                          

Judge: CRAWFORD

First Paragraph:

This is a legal malpractice case.  Defendants, Larry J. Waters and
Charles W. Pruitt, appeal from the judgment of the trial court on a
jury verdict awarding plaintiffs, Billie J. Metcalfe, Julia M.
Metcalfe, and Johnny D. Metcalfe, compensatory and punitive damages.
AFFIRMED IN PART, VACATED IN PART AND REMANDED.

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

STATE OF TENNESSEE, ex rel., JOHN A. ROBERTS, et al.    
vs. 
I.D. "BABE" CONNER, et al.

Court:TCA

HUBERT D. PATTY OF MARYVILLE FOR APPELLANTS
DAVID E. RODGERS OF OAK RIDGE FOR APPELLEES                         

Judge: GODDARD

First Paragraph:

John A. Roberts and the other Plaintiffs in this cause appeal
dismissal of their suit styled "COMPLAINT OF OUSTER" against a number
of Defendants. On the date the present suit was filed the original
Defendants, other than those denominated ex officio Defendants--the
District Attorney General, City Attorneys for the City of Lenoir City,
and the Attorney General of Tennessee--were either former members or
present members of the City Commission. By amendment, two additional
present members of the Commission were added as parties Defendant. 
All of the Defendants who are present members of the Commission have
been elected or re-elected since commission of the improper acts
alleged. AFFIRMED AND REMANDED.

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

GEORGE WASHINGTON WILKERSON 
vs.
VICIE MARIE BROWN WILKERSON

Court:TCA

JAMES HARVEY STUTTS OF SWEETWATER FOR APPELLANT
MARY KATHERINE LONGWORTH OF LOUDON FOR APPELLEE                          

Judge: GODDARD

First Paragraph:

This is an appeal by the Respondent, George Washington Wilkerson, from
the Trial Court's judgment entered in favor of the Petitioner, Vicie
Marie Brown Wilkerson in the amount of $1873.60 for half of their
unemancipated child's funeral bill and $350 in attorney fees. AFFIRMED
AND REMANDED.

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

STATE OF TENNESSEE
vs. 
JEFFREY A. BIVENS

Court:TCCA

    FOR THE APPELLANT:              FOR THE APPELLEE:
Mike Mosier                     Charles W. Burson
Attorney at Law                 Attorney General & Reporter 
204 West Baltimore
P.O. Box 1623                   Ellen H. Pollack
Jackson, TN 38302-1623          Assistant Attorney General
                                Criminal Justice Division
Clayton F. Mayo 4               50 James Robertson Parkway
Attorney at Law                 Nashville, TN 37243-0493
618 North Highland Avenue
P.O. Box 1625                   Terrell L. Harris
Jackson, TN 38302-1625          District Attorney General Pro Tem
                                Assistant District Attorney 
                                201 Poplar, Suite 301
                                Memphis, TN 38103-1947

                                Tom Murray
                                Special Prosecutor
                                312 South Shannon
                                Jackson, TN 38301                          

Judge: SUMMERS

First Paragraph:

The appellant, Jeffrey Bivens, was convicted on two counts of first
degree murder.  He was sentenced to life without parole on each count.
The sentences were ordered to run consecutively.  The appellant
presents five issues for review and challenges: 1. The sufficiency of
the evidence; 2. The admission of photographs; 3. The admission of
forgery evidence; 4. The admission of the medical examiner's statement
that both victims' wounds were made by the same person; and 5. The
application of statutory enhancement factors. Upon review, we affirm
the judgment as to convictions and sentences in all respects.

URL:http://www.tba.org/tba_files/TCCA/BIVENS_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
JON CONNORS, also known as JON ROBERT CONNORS

Court:TCCA

    FOR THE APPELLANT:                  FOR THE APPELLEE:
Natalee S. Hurley                   Charles W. Burson
Asst. District Public Defender      Attorney General & Reporter
318 Court Street                    500 Charlotte Avenue
Maryville, TN 37804-4912            Nashville, TN 37243-0497

OF COUNSEL:                         Darian B. Taylor
                                    Assistant Attorney General
R. Mack Garner                      450 James Robertson Parkway
District Public Defender            Nashville, TN 37243-0493
318 Court Street                    
Maryville, TN 37804-4912            Michael L. Flynn
                                    District Attorney General
                                    363 Court Street
                                    Maryville, TN 37804-5906

                                    Edward P. Bailey, Jr.
                                    Asst District Attorney General
                                    363 Court Street
                                    Maryville, TN 37804-5906                          

Judge: JONES

First Paragraph:

The appellant, Jon Connors, also known as Jon Robert Connors, entered
into a plea bargain agreement with the State of Tennessee.  The
appellant entered pleas of guilty to the offenses of aggravated sexual
battery, a Class B felony, and aggravated assault, a Class C felony.
The trial court sentenced the appellant pursuant to the plea bargain.
In this Court, the appellant contends the trial court abused its
discretion by (a) denying his motion to withdraw his pleas of guilty,
and (b) refusing to impose an alternative sentence to incarceration. 
After a thorough review of the record, the briefs submitted by the
parties, and the law governing the issues, it is the opinion of this
Court that the judgments of the trial court should be reversed and
this cause remanded to the trial court for further proceedings
consistent with this opinion.

URL:http://www.tba.org/tba_files/TCCA/CONNORSJ_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
CHRISTOPHER LEE PRICE

Court:TCCA

    For the Appellant:                  For the Appellee:
Guy T. Wilkinson                    Charles W. Burson
District Public Defender            Attorney General and Reporter

W. Jeffery Fagan    
Asst. District Public Defender      Clinton J. Morgan
Post Office Box 663                 Assistant Attorney General  
Camden, TN  38320                   Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    Robert "Gus" Radford
                                    District Attorney General
                                    Post Office Box 686
                                    Huntingdon, TN  38344                          

Judge: HAYES

First Paragraph:

The appellant, Christopher Lee Price, was found guilty by a Henry
County jury of theft of property over $500 and burglary.  On appeal,
the appellant contends that the evidence corroborating the testimony
of his two accomplices is insufficient to sustain his convictions.
REVERSED AND DISMISSED.

URL:http://www.tba.org/tba_files/TCCA/PRICECL_OPN.WP6
Opinion-Flash

STATE OF TENNESSEE
vs.
CHRISTOPHER LEE PRICE

Court:TCCA

    For the Appellant:                  For the Appellee:
Guy T. Wilkinson                    Charles W. Burson
District Public Defender            Attorney General and Reporter

W. Jeffery Fagan    
Asst. District Public Defender      Clinton J. Morgan
Post Office Box 663                 Assistant Attorney General
Camden, TN  38320                   Criminal Justice Division
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493                
                        
                                    Robert "Gus" Radford
                                    District Attorney General
                                    Post Office Box 686
                                    Huntingdon, TN  38344                          

Judge: HAYES

First Paragraph:

The appellant, Christopher Lee Price, was found guilty by a Henry
County jury of theft of property over $500 and burglary.  On appeal,
the appellant contends that the evidence corroborating the testimony
of his two accomplices is insufficient to sustain his convictions.
REVERSED AND DISMISSED.

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

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