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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WILLIAM J. BUNCH vs. WALTON I. BUNCH and STEVEN B. BUNCH Court:TCA Attorneys: L. L. Harrell, Jr.; Harrell & Harrell of Trenton For Appellee G. Griffin Boyte of Humboldt For Appellants Judge:CRAWFORD First Paragraph: This case involves a suit to partition certain real and personal property owned by three brothers as joint tenants with the right of survivorship. Walton and Steven Bunch appeal the order of the trial court granting the sale for partition. URL:http://www.tba.org/tba_files/TCA/bunchwm_opn.WP6 PORTER FREEMAN vs. ROBERT RING, COUNTY EXECUTIVE, JERRY SHARBER, MAYOR, and JAMES JOHNSON, ADMINISTRATOR Court:TCA Attorneys: PORTER FREEMAN 7131 Nolensville Road Nolensville, Tennessee 37135 Pro Se/Plaintiff/Appellant RICHARD A. BUERGER 306 Public Square Franklin, Tennessee 37064 Attorney for Defendant/Appellee Robert Ring DOUGLAS BERRY Suntrust Center 424 Church Street, Suite 2900 Nashville, Tennessee 37219 Attorney for Defendants/Appellees Jerry Sharber and James Johnson Judge:BUSSART First Paragraph: The appellant sought to enjoin both city and county officials from the sale of general obligation bonds. The Chancery Court of Franklin granted all defendants' motions to dismiss pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure. On appeal, we must determine whether the trial court erred in not considering the petition for injunction on the merits as against either the city or the county defendants. URL:http://www.tba.org/tba_files/TCA/freemanp_opn.WP6 TENNESSEE DEPARTMENT OF HEALTH, DIVISION OF HEALTH RELATED BOARDS and THE BOARD OF MEDICAL EXAMINERS vs. W. DWIGHT FRISBEE, M.D. Court:TCA Attorneys: For the Plaintiffs/Appellees: For the Defendant/Appellant: John Knox Walkup Wayne L. Robbins, Jr. Attorney General and Reporter Gullett, Sanford, Robinson & Martin Nashville, Tennessee Michelle K. Hohnke Assistant Attorney General Daniel D. Warlick Warlick & Todd Nashville, Tennessee Judge:KOCH First Paragraph: This appeal presents an issue of first impression concerning the evidentiary standards applicable to disciplinary proceedings involving licensed physicians. The Tennessee Department of Health perfected an interlocutory appeal to the Chancery Court for Davidson County after an administrative law judge disqualified its expert witness for failing to satisfy the locality rule generally applicable in medical malpractice cases. The trial court reversed the administrative law judge's decision after concluding that a physician's conduct should be measured by a statewide standard of minimum competency rather than a particularized local standard of care. While the administrative law judge's decision was correct with regard to two of the charges, we affirm the trial court's decision in part because several of the charges in this proceeding only require proof that a physician has failed to meet statewide, minimal competency standards. URL:http://www.tba.org/tba_files/TCA/frisbewd_opn.WP6 BRIAN DAVID McCRAY vs. IRENE CAROL KLANSECK McCRAY Court:TCA Judge:TODD First Paragraph: The appellee has filed a respectful petition to rehear which has been duly considered. The mathematical error in quoting of the record and other matters mentioned in the petition are insufficient to alter the decision of this Court. URL:http://www.tba.org/tba_files/TCA/mccray_reh.WP6 DEMETRA LYREE PARKER vs. WARREN COUNTY UTILITY DISTRICT Court:TCA Attorneys: ROBERT S. PETERS SWAFFORD PETERS & PRIEST Winchester, Tennessee Attorney for Appellant DIANNA BAKER SHEW STEPHEN H. PRICE FARRIS, WARFIELD & KANADAY, PLC Nashville, Tennessee Attorneys for Appellee Judge:HIGHERS First Paragraph: Plaintiff Demetra Lyree Parker appeals the trial court's order granting the motion for summary judgment filed by Defendant/Appellee Warren County Utility District. We reverse the trial court's judgment based on our conclusion that a genuine issue of material fact exists as to whether the Utility District responded promptly, adequately, and effectively to Parker's allegations of sexual harassment against the Utility District's general manager. URL:http://www.tba.org/tba_files/TCA/parkerdl_opn.WP6 UNION PLANTERS NATIONAL BANK, as Executor and Trustee Under the Will of JAMES A. LeROY, Deceased vs. BETTYE CLAIRE REINHARDT DEDMAN, JOHN DEDMAN, BERNICE A. LeROY, JILL LeROY DIMICELI and SUE LeROY HENDERSON Court:TCA Attorneys: Marion S. Boyd, Jr., WYATT, TARRANT & COMBS, Memphis, Tennessee Attorney for Petitioner/Appellant. Allan J. Wade, BAKER, DONELSON, BEARMAN & CALDWELL, Memphis, TN Attorney for Respondents/Appellees. Judge:FARMER First Paragraph: Union Planters National Bank ("Bank"), as executor for the estate of James A. LeRoy ("Testator"), filed an action in the Probate Court of Shelby County for probate of Testator's will on January 5, 1989. Bank subsequently filed suit for declaratory judgment against the beneficiaries and legatees of Testator's property ("appellees") alleging that the residuary estate provided for in Testator's will to pay all death taxes was insufficient to cover his tax liability and seeking restitution from the appellees for their proportional share. Dedman appellees responded by contending that the post-death appreciation of residuary estate assets and the receipt of income from those assets had sufficiently increased the value of the residuary estate to enable it to sufficiently cover all death taxes requested by Bank. The Special Master appointed by the trial judge confirmed the sufficiency of the residuary estate on the date the taxes were due. The trial court entered judgment for appellees confirming the report of the Special Master finding that there was no shortfall in the residuary estate established by the testator in his will and thus rendering appellees not liable to Bank for reimbursement of death taxes in any amount. We find the decision of the lower court as to the issue of post-death income to the residuary trust to be in error and remand. Due to the complicated facts of this case and our determination that one issue in this case requires a remand to the lower court, we will only present the facts relevant to that issue. URL:http://www.tba.org/tba_files/TCA/unionp_t.WP6 Winslow Watson vs. Tennessee Department of Correction, Tennessee Board of Paroles, Correction Corporation of America, and Jody Benjamin Court:TCA Attorneys: WINSLOW WATSON, PRO SE Turney Center Prison Only, Tennessee 37140 JOHN KNOX WALKUP Attorney General and Reporter JOHN R. MILES Counsel for the State Cordell Hull Bldg., Second Floor 425 5th Avenue North Nashville, Tennessee 37243-0488 ATTORNEY FOR THE TENNESSEE DEPARTMENT OF CORRECTION AND THE TENNESSEE BOARD OF PAROLES Judge:LEWIS First Paragraph: This is an appeal by petitioner/appellant, Winslow Watson, from a decision of the chancery court dismissing his petition for a declaratory judgment pursuant to the Declaratory Judgment Act, Tennessee Code Annotated section 29-14-101 to -113. URL:http://www.tba.org/tba_files/TCA/watsonw_opn.WP6 STATE OF TENNESSEE vs. STANLEY H. BAKER Court:TCCA Attorneys: For Appellant: For Appellee: Elaine B. Beeler Charles W. Burson Assistant Public Defender Attorney General and Reporter P.O. Box 68 Franklin, TN 37065-0068 Daryl J. Brand Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Ronald L. Davis Assistant District Attorney General P.O. Box 937 Franklin, TN 37065-0937 Judge:WADE First Paragraph: The defendant, Stanley H. Baker, was convicted of driving under the influence of an intoxicant, third offense, and driving on a revoked license. Tenn. Code Ann. SS 55-10-401 and 55-50-504. The trial court imposed concurrent sentences of eleven months and twenty-nine days for the DUI, third offense, and six months for driving on a revoked license; all but one hundred twenty days were suspended on each conviction. At the time of the offenses, the defendant was serving an eleven-month and twenty-nine-day sentence on a 1994 DUI conviction. The trial court revoked probation and required a thirty-five day consecutive sentence before reinstatement of the probationary term. URL:http://www.tba.org/tba_files/TCCA/bakersta_opn.WP6 SHEDRICK CARRUTHERS vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Shedrick Carruthers, Pro Se John Knox Walkup N.E.C.C. ANNEX Attorney General & Reporter P.O. Box 5000 Mountain City, 37683-5000 Clinton J. Morgan Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493 William L. Gibbons District Attorney General Alanda Horne Asst District Attorney General Criminal Justice Complex, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge:SUMMERS First Paragraph: This case represents an appeal from the dismissal of the petitioner's petition for post-conviction relief. On May 10, 1990, the petitioner pled guilty to aggravated rape and was sentenced to seventeen years imprisonment. No appeal was taken. On January 28, 1997, the petitioner filed a petition for post conviction relief alleging an invalid indictment. Finding that the statute of limitations had expired, the trial court dismissed the petition without a hearing. URL:http://www.tba.org/tba_files/TCCA/carruthe_opn.WP6 STATE OF TENNESSEE vs. RICKY HILL KRANTZ Court:TCCA Attorneys: For the Appellant: For the Appellee: Karl Dean Charles W. Burson District Public Defender Attorney General of Tennessee and and Jeffrey A. DeVasher Christina S. Shevalier Michele S. Hall Asst Attorney General of TN Sheila Jones 450 James Robertson Parkway Assistant Public Defenders Nashville, TN 37243-0493 Stahlman Bldg. 211 Union Street Victor S. Johnson, III Nashville, TN 37201-5066 District Attorney General (ON APPEAL) and Katrin Novak Miller David M. Siegel Nicholas Bailey Jeff Powell Asst District Attorneys General Assistant Public Defenders 102 Metro Courthouse Stahlman Bldg. Nashville, TN 37201 211 Union Street Nashville, TN 37201-5066 (AT TRIAL) Judge:Tipton First Paragraph: The defendant, Ricky Hill Krantz, appeals as of right from his conviction by a jury in the Davidson County Criminal Court for felony murder and aggravated assault, a Class C Felony. The defendant was sentenced to life imprisonment for the felony murder conviction and as a Range II, multiple offender to seven years in the custody of the Department of Correction for the aggravated assault conviction. The trial court ordered the defendant's sentences to be served consecutively. URL:http://www.tba.org/tba_files/TCCA/krantzrh_opn.WP6 STATE OF TENNESSEE vs. ROBERT ALLEN McKENZIE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Justin Johnson John Knox Walkup Attorney at Law Attorney General & Reporter 2131 Murfreesboro Road, Ste 205 500 Charlotte Avenue Nashville, TN 37217 Nashville, TN 37243-0497 Ellen H. Pollack Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Tom P. Thompson, Jr. District Atty General Pro Tempore P.O. Box 178 Hartsville, TN 37074-0178 John D. Wootten, Jr. Asst District Atty General P.O. Box 178 Hartsville, TN 37074-0178 Judge:Jones First Paragraph: The issue which this court must resolve is whether the statute of limitations commences in an accessory after the fact prosecution when (a) the crime is committed or (b) the principal offender is convicted. The trial court found the statute of limitations does not commence until the principal offender is convicted. The defendant contends the statute of limitations commences when the crime of accessory after the fact is committed. After a thorough review of the record, the briefs submitted by the parties, and the law pertaining to the issue presented for review, it is the opinion of this court the statute of limitations commenced to run in this prosecution for accessory after the fact when the offense was committed. Therefore, the judgment of the trial court is reversed and the prosecution is dismissed since the prosecution was barred by the statute of limitations. URL:http://www.tba.org/tba_files/TCCA/mcknzira_opn.WP6 MICHAEL MCNEIL vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Frank Deslauriers John Knox Walkup P.O. Box 1156 Attorney General and Reporter Covington, TN 38019 Deborah A. Tullis Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 James G. (Jerry) Woodall District Attorney General Al Earls Asst. District Attorney General Lowell Thomas State Office Bldg. Jackson, TN 38301 Judge:Hayes First Paragraph: The appellant, Michael McNeil, appeals the Madison County Circuit Court's denial of his petition for post-conviction relief arising from his 1989 convictions for three counts of grand larceny and three counts of burglary. These convictions served as triggering offenses for the jury's finding that the appellant was an habitual criminal. Accordingly, the sentences were enhanced to six life sentences. On March 30, 1993, the appellant filed a pro se petition for post-conviction relief alleging ineffective assistance of counsel based upon (1) a conflict of interest arising from joint representation of the appellant and his co-defendant and (2) deficient performance in failing to present an alibi defense. URL:http://www.tba.org/tba_files/TCCA/mcneilm_opn.WP6 PHILLIP W. POMEROY vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Samuel F. Anderson, Attorney Charles W. Burson 2016 Eighth Avenue South Attorney General and Reporter Nashville, TN 37204 Elizabeth B. Marney Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Tom Thurman Asst District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge:WADE First Paragraph: The petitioner, Phillip W. Pomeroy, appeals the trial court's dismissal of his petition for post-conviction relief. The single issue presented for review is whether the petition is barred by the statute of limitations. URL:http://www.tba.org/tba_files/TCCA/pomeroyp_opn.WP6 GARY L. SHIRLEY vs. STATE OF TENNESSEE Court:TCCA Judge:JONES First Paragraph: On April 6, 1994, the petitioner entered guilty pleas to one count of first degree murder and two counts of attempted first degree murder. He was sentenced to life for the murder conviction and twenty-five years each for the attempt convictions, all of which were run concurrently. No appeal was taken. On October 16, 1996, the petitioner filed a petition for post-conviction relief alleging ineffective assistance of counsel and involuntary guilty pleas. Finding that the statute of limitations expired, the trial court dismissed the petition without a hearing. URL:http://www.tba.org/tba_files/TCCA/shirley2_ord.WP6 STATE OF TENNESSEE vs. GEROME J. SMITH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LIONEL R. BARRETT JOHN KNOX WALKUP Washington Square Two Attorney General & Reporter Suite 417 222 Second Avenue, North LISA A. NAYLOR Nashville, TN 37201 Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 VICTOR S. JOHNSON District Attorney General Pro Tem KYMBERLY HAAS Assistant District Attorney General SHARON BROX Assistant District Attorney General Washington Square Two Suite 500 222 Second Avenue, North Nashville, TN 37201 Judge:WOODALL First Paragraph: The Defendant, Gerome J. Smith, appeals as of right from a conviction of first degree murder following a jury trial in the Sumner County Criminal Court. Defendant was subsequently sentenced to life imprisonment. In this appeal, Defendant argues that the evidence is insufficient as a matter of law to allow a rational trier of fact to conclude that the Defendant committed premeditated first degree murder. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/smithgj_opn.WP6 MICHAEL L. SOUTH vs. STATE OF TENNESSEE Court:TCCA Judge:HAYES First Paragraph: This case represents an appeal from the dismissal of the petitioner's second petition for post-conviction relief. The petitioner was originally convicted of aggravated rape and aggravated robbery, and received consecutive sentences of sixty and thirty years respectively. The petitioner also alleges that he was convicted of aggravated burglary and theft. On appeal, this Court affirmed the convictions of aggravated rape and aggravated robbery; the petitioner apparently did not appeal the other two convictions. State v. Michael R. South, No. 02C01-9209-CR-00203 (Tenn. Crim. App., Sept. 15, 1993). The Supreme Court denied application for permission to appeal on March 7, 1994. URL:http://www.tba.org/tba_files/TCCA/south-m_ord.WP6 STATE OF TENNESSEE vs. TRACEY E. STIGALL Court:TCCA Attorneys: FOR THE APPELLANT: A. C. WHARTON, JR. Shelby County Public Defender TIMOTHY J. ALBERS (Trial) Assistant Public Defender 201 Poplar, Ste. 201 Memphis, TN 38103 EDWARD G. THOMPSON (Appeal) Assistant Public Defender 212 Adams Avenue Memphis, TN 38103 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter SARAH M. BRANCH Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General DAVID B. SHAPIRO Assistant District Attorney General 201 Poplar Avenue, Ste. 301 Memphis, TN 38103-1947 Judge:RILEY First Paragraph: Defendant, Tracey E. Stigall, was convicted by a Shelby County jury of the offense of aggravated burglary. The sole issue in this direct appeal is whether the trial court erred in failing to charge lesser offenses. We AFFIRM the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/stigalte_opn.WP6 STATE OF TENNESSEE vs. BUFFY M. TWADELL Court:TCCA Attorneys: For Appellant: For Appellee: Steven F. Glaser Charles W. Burson Assistant Public Defender Attorney General and Reporter Eighteenth Judicial District 117 East Main Street Karen M. Yacuzzo Gallatin, TN 37066 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Thomas Dean Asst District Attorney General 113 West Main Street Gallatin, TN 37066 Judge:WADE First Paragraph: The defendant, Buffy Mae Twadell, has been indicted on two counts of aggravated perjury. Tenn. Code Ann. S 39-16-703. The district attorney general denied the defendant's application for pretrial diversion. Thereafter, the trial court denied her petition for a writ of certiorari. In this extraordinary appeal made pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure, the defendant insists that the district attorney general abused his discretion by the denial of pretrial diversion. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/twadellb_opn.WP6 STATE OF TENNESSEE vs. TYRONE WATKINS Court:TCCA Attorneys: For Appellant: For Appellee: David A. Doyle Charles W. Burson District Public Defender Attorney General and Reporter Eighteenth Judicial District 117 East Main Street Clinton J. Morgan Gallatin, TN 37066 Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493 Thomas Dean Asst District Attorney General 113 West Main Street Gallatin, TN 37066 Judge:WADE First Paragraph: The defendant, Tyrone Watkins, was convicted on July 18, 1994, of two Class A misdemeanors. While allowing pretrial jail credit, the trial court imposed consecutive sentences of eleven months and twenty-nine days, the remainder of which was to be served on probation. On February 16, 1996, a warrant was issued which resulted in the revocation of probation. URL:http://www.tba.org/tba_files/TCCA/watkinst_opn.WP6
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