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 and the TN Attorney General.
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BETTYE SUE MORRISON ADAMS, v. CHARLES MCAULEY ADAMS, Court:TCA CHARLES R. CURBO Memphis, TN Attorney for Appellant LINCOLN A. R. HODGES Germantown, TN Attorney for Appellee First Paragraph: This divorce appeal presents the issue whether the trial court erred in its division of marital property and award of alimony in solido to the wife. URL:http://www.tba.org/tba_files/TCA/ADAMSBS.OPN.WP6 PEGGY IRENE BREECE, v. HOWARD THOMAS BREECE, Court:TCA R. E. Lee Davies HARTZOG, SILVA & DAVIES Franklin, TN ATTORNEY FOR PLAINTIFF/APPELLANT LAW OFFICES OF SAMUEL H. SMITH Centerville, TN Wm. Landis Turner KEATON, TURNER & SPITZER Hohenwald, TN ATTORNEYS FOR DEFENDANT/APPELLEE First Paragraph: The plaintiff-wife has appealed from a judgment awarding her a divorce, but making an unsatisfactory division of property and expenses. URL:http://www.tba.org/tba_files/TCA/BREECE.OPN.WP6 RON CHRISTIAN, v. TN PETROLEUM UNDERGROUND STORAGE TANK BOARD and J. W. LUNA, as COMMISSIONER OF TN DEPARTMENT OF ENVIRONMENT AND CONSERVATION, Court:TCA Margaret Jane Powers, Crossville, TN Attorney for Petitioner/Appellant. Charles W. Burson, Attorney General & Reporter Elizabeth P. McCarter, Senior Counsel Sharon O. Jacobs, Assistant Attorney General Attorneys for Respondents/Appellees. First Paragraph: For a second time we address this matter which concerns Appellant Ron Christian's eligibility for assistance from the petroleum underground storage tank fund, established in T.C.A. 68-215-110. The TN Petroleum Underground Storage Tank Board (Board), an appellee in this action, found Christian ineligible for assistance due to his failure to reestablish fund eligibility by, inter alia, failing to conduct a site check of his property. URL:http://www.tba.org/tba_files/TCA/CHRISTIA.OPN.WP6 DIANE GILES, v. MICHAEL HAYES, Court:TCA Conrad Finnell, Cleveland, Attorney for Appellant. Nora A. McCarthy, Chattanooga, Attorney for Appellee. First Paragraph: This is a suit for damages against an agent of Allstate Insurance Company, accusing him of fraud in filling out her application for a homeowners' policy of insurance. The motion of Allstate for summary judgment was granted upon the theory of res judicata. URL:http://www.tba.org/tba_files/TCA/GILES2.OPN.WP6 LAIDLAW ENVIRONMENTAL SERVICES OF NASHVILLE, INC., v. METROPOLITAN BOARD OF HEALTH FOR NASHVILLE AND DAVIDSON COUNTY, and ROBERT ORR/SYSCO FOOD SERVICES COMPANY, and BRING URBAN RECYCLING TO NASHVILLE TODAY, and CONCURRING OPINION Court:TCA Thomas V. White TUNE, ENTREKIN & WHITE First American Center, 21st Floor Nashville, TN 37238 JOHN P. WILLIAMS 1900 Cedar Lane Nashville, TN 37212 ATTORNEYS FOR PLAINTIFF/APPELLANT James L. Murphy, III Director of Law John L. Kennedy Metropolitan Attorney Liz Foster Metropolitan Attorney DEPARTMENT OF LAW METROPOLITAN GOVERNMENT OF NASHVILLE Nashville, TN FOR DEFENDANT/APPELLEE METROPOLITAN BOARD OF HEALTH FOR NASHVILLE AND DAVIDSON COUNTY GARY A. DAVIS Knoxville, TN Frank M. Fly BULLOCK, FLY & McFARLAND Murfreesboro, TN ATTORNEYS FOR DEFENDANT/APPELLEE ROBERT ORR/SYSCO FOOD SERVICES COMPANY DAVID BORDENKIRCHER Nashville, TN ATTORNEY FOR DEFENDANT/APPELLEE BRING URBAN RECYCLING TO NASHVILLE TODAY First Paragraph: The captioned plaintiff has appealed from the judgment of the Trial Court affirming the administrative action of the captioned Board reversing the previous action of the Director of the Metropolitan Department of Health in renewing six permits previously issued for operation of a waste disposal plant. URL:http://www.tba.org/tba_files/TCA/LAIDLAW.OPN.WP6 URL:http://www.tba.org/tba_files/TCA/LAIDLAW.CON.WP6 RALPH GUEST MADDUX, III, v. SHERYL LYNNE MADDUX, Court:TCA Bobby W. Sands Rick C. Osborn SANDS & SANDS Columbia, TN ATTORNEYS FOR PLAINTIFF/APPELLEE R. E. Lee Davies HARTZOG, SILVA & DAVIES Franklin, TN ATTORNEY FOR DEFENDANT/APPELLANT First Paragraph: The captioned defendant-wife, has appealed an unsatisfactory decision of the Trial Court regarding her post-divorce decree petition for increase in child support. The wife presents the following issues for review: URL:http://www.tba.org/tba_files/TCA/MADDUXRG.OPN.WP6 NELSON STAFFORD, v. LARRY VANCE, Court:TCA H. Randolph Fallin, Mountain City, TN Attorney for Plaintiff/Appellant. T. J. Little, Jr., Elizabethton, TN Attorney for Defendant/Appellee. First Paragraph: This appeal is from the trial court's grant of summary judgment in favor of the defendant in a suit for malicious prosecution. It is alleged in the complaint and admitted in the answer that the defendant, Larry A. Vance, instituted criminal proceedings against the plaintiff, Nelson Stafford, charging him with the criminal offense of theft of property under $500. Stafford was tried and acquitted of the charge. The motion for summary judgment was supported by five affidavits and the deposition of Vance. URL:http://www.tba.org/tba_files/TCA/STAFFORD.OPN.WP6 AUBREYEL B. AKBAR, v. STATE OF TN, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Aubreyel B. Akbar, Pro Se Charles W. Burson C.C.C.F Attorney General & Reporter P.O. Box 1000 450 James Robertson Parkway Henning, TN 38041 Nashville, TN 37243-0493 Christina S. Shevalier Assistant Attorney General John W. Pierotti District Attorney General Lorraine Craig Assistant District Attorney General First Paragraph: The appellant, Aubreyel B. Akbar, appeals as of right from a judgment of the trial court summarily dismissing his suit for post-conviction relief. The trial court found that the suit was barred by the statute of limitations, the grounds alleged were not cognizable in a suit for post-conviction relief, the issues had been previously determined, and the grounds were not supported by factual allegations. URL:http://www.tba.org/tba_files/TCCA/AKBAR.OPN.WP6 STATE OF TN, v. GENEVA BROYLES, Court:TCCA For Appellant: For Appellee: John S. Anderson Charles W. Burson Attorney Attorney General & Reporter 205 Highway 66, Suite 102 Rogersville, TN 37857 Amy L. Tarkington Assistant Attorney General Al Schmutzer, Jr. District Attorney General and James Dunn Asst. District Attorney General First Paragraph: The defendant, Geneva Broyles, was convicted of first degree murder. The trial court imposed a sentence of life imprisonment. In addition to her challenge to the sufficiency of the evidence, the defendant raises the following issues for appellate review: URL:http://www.tba.org/tba_files/TCCA/BROYLES.OPN.WP6 LARRY W. DOBSON and G.O. DOBSON, JR. and as next friends of JIMMY WAYNE DOBSON, a non compos mentis without guardian, v. VIRGINIA DOBSON SHORTT, individually and as administratrix of the estate of G.O. DOBSON, SR., Court:TCCA D.D. MADDOX, Maddox, Maddox & Maddox, Huntingdon, Attorney for Appellant. ROBERT T. KEETON, JR. and LAURA A. KEETON, Law Offices of Robert T. Keeton, Jr., Huntingdon, Attorneys for Appellee Larry W. Dobson. ANDREW B. FRAZIER, JR., Frazier & Whitworth, Camden, Attorney for Appellee G.O. Dobson, Jr. First Paragraph: This is a will contest case. G.O. Dobson, Sr. ("testator") died on February 21, 1991 in Benton County. Shortly thereafter, Virginia Dobson Shortt (defendant), the testators daughter and administratrix of his estate, filed a petition in the Chancery Court of Benton County to probate the will. The will was admitted to probate in commo URL:http://www.tba.org/tba_files/TCCA/DOBSONLW.OPN.WP6 STATE OF TN, v. PAUL M. DOUGHERTY, Court:TCCA FOR THE APPELLEE: FOR THE APPELLANT: Joseph Y. Longmire Charles W. Burson 103 Bluegrass Commons Blvd. Attorney General & Reporter P.O. Box 738 Hendersonville, TN 37077 Eugene J. Honea Assistant Attorney General Lawrence Ray Whitley District Attorney General Kathi Phillips Asst. Dist. Attorney General First Paragraph: The state brings this appeal claiming that the trial judge erred in granting the appellee's motion to suppress. Following our review, we reverse the trial court's decision and remand for further proceedings. URL:http://www.tba.org/tba_files/TCCA/DOUGHERT.OPN.WP6 STATE OF TN, v. KARI FINCHUM, Court:TCCA For the Appellant: For the Appellee: Mack Garner Charles W. Burson District Public Defender Attorney General and Reporter 318 Court Street Maryville, TN 37804 George Linebaugh Assistant Attorney General Michael L. Flynn District Attorney General Edward Bailey Asst. District Attorney General First Paragraph: The appellant, Kari Finchum, appeals from a two year sentence imposed by the Circuit Court of Blount County following her guilty plea to one count of facilitating the delivery of less than one-half gram of cocaine. The trial court ordered the appellant to serve fifteen days of her sentence in the Blount County Jail with the remainder of the sentence to be served on supervised probation. URL:http://www.tba.org/tba_files/TCCA/FINCHUM.OPN.WP6 STATE OF TN, v. HERMAN F. HICKMAN, Court:TCCA For the Appellant: For the Appellee: David L. Comer Charles W. Burson Attorney Attorney General and Reporter 212 West Gaines Street 450 James Robertson Parkway Lawrenceburg, TN 38464 Nashville, TN 37243-0493 George P. Linebaugh, Jr. Counsel for the State T. Michael Bottoms District Attorney General James White Asst. District Attorney General First Paragraph: The defendant, Herman F. Hickman, was convicted in a bench trial of driving under the influence. Tenn. Code Ann. 55-10-401. The trial court imposed a sentence of 11 months, 29 days; all but 48 hours was suspended. The defendant was also fined $250 and had his license suspended. URL:http://www.tba.org/tba_files/TCCA/HICKMANH.OPN.WP6 STATE OF TN, v. CLEO MASON, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Karen T. Fleet Charles W. Burson Attorney at Law Attorney General & Reporter 116 Main Street, South 450 James Robertson Parkway Bolivar, TN 38008 Nashville, TN 37243-0493 Sharon S. Selby Assistant Attorney General Elizabeth T. Rice District Attorney General First Paragraph: The appellant, Cleo Mason, was convicted of vehicular homicide, a Class C felony, leaving the scene of an accident, a Class E felony, and driving on a revoked license, a Class B misdemeanor. The trial court found that the appellant was a standard offender and imposed the following Range I sentences: (a) Count I, vehicular homicide, confinement for five (5) years in the Department of Correction and (b) Count IV, leaving the scene of an accident, confinement for one (1) year in the Department of Correction. URL:http://www.tba.org/tba_files/TCCA/MASONC.OPN.WP6 STATE OF TN, v. CARRIE PHIPPS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Robert S. Peters Charles W. Burson 100 First Avenue, S.W. Attorney General & Reporter Winchester, TN 37398 Charlotte H. Rappuhn Assistant Attorney General C. Michael Layne District Attorney General Stephen E. Weitzman Asst. Dist. Attorney General First Paragraph: The appellant, Carrie Phipps, was convicted following a jury trial of both retaliation for past action and assault. In this appeal, she claims that the evidence was insufficient to support either conviction. Following our review, we affirm the convictions. URL:http://www.tba.org/tba_files/TCCA/PHIPPSC.OPN.WP6 STATE OF TN, v. BRUCE C. RELIFORD, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: W. Mark Ward Charles W. Burson Assistant Public Defender Attorney General & Reporter (Appeal Only) Ellen H. Pollack Carolyn S. Watkins Assistant Attorney General Assistant Public Defender (Trial Only) John W. Pierotti District Attorney General Bertha T. Ching Assistant Public Defender James M. Lammey, Jr. (Trial Only) Asst District AG OF COUNSEL: A C Wharton, Jr. Shelby County Public Defender First Paragraph: The appellant, Bruce C. Reliford, was convicted of three (3) counts of aggravated robbery, a Class B felony, by a jury of his peers. The trial court found that the appellant was a standard offender and imposed the following Range I sentences: URL:http://www.tba.org/tba_files/TCCA/RELIFORD.OPN.WP6 STATE OF TN, v. ESTENICO SLAYTON, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Anthony Winchester Charles W. Burson P.O. Drawer H Attorney General/Reporter Dyersburg, TN 38024 Charlotte H. Rappuhn Asst Atty. Gen./Reporter Karen Yacuzzo Asst Atty Gen. & Reporter Phillip Bivens District Attorney General John W. Price Asst Dist. Atty General First Paragraph: The appellant, Estenico Slayton, was convicted by a Dyer County jury of aggravated robbery and sentenced to nine years imprisonment in the TN Department of Corrections. On appeal, he presents the following two (2) issues for our review. URL:http://www.tba.org/tba_files/TCCA/SLAYTON.OPN.WP6 HAROLD V. SMITH, v. STATE OF TN, Court:TCCA For the Appellant: For the Appellee: Harold V. Smith Charles W. Burson Pro Se Attorney General and Reporter Northeast Correction CT Nashville, TN Mountain City, TN 37683 Clinton J. Morgan Assistant Attorney General C. Berkeley Bell Jr. District Attorney General John Douglas Godbee Asst. District Attorney General First Paragraph: The appellant, Harold V. Smith, appeals from the Hawkins County Criminal Court's judgment summarily dismissing his petition for post-conviction relief. The trial court dismissed the petition on May 17, 1995, without appointing counsel or holding an evidentiary hearing. URL:http://www.tba.org/tba_files/TCCA/SMITHH.OPN.WP6 BOBBY DEWAYNE WILCOX, v. STATE OF TN, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: David M. Livingston Charles W. Burson Attorney at Law Attorney General & Reporter Brownsville, TN 38012 Nashville, TN Charlotte H. Rappuhn Assistant Attorney General Clayburn L. Peeples District Attorney General Edward L. Hardister Assistant District Attorney General First Paragraph: The appellant, Bobby Dewayne Wilcox, appeals as of right from a judgment of the trial court denying his post-conviction action following an evidentiary hearing. The trial court found that the appellant received the effective assistance of counsel guaranteed by the United States and TN constitutions, and the appellant voluntarily, knowingly, and intelligently entered the pleas of guilty which led to his convictions. URL:http://www.tba.org/tba_files/TCCA/WILCOXBD.OPN.WP6
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