What follows is the case style or name, first paragraph, author's name, and the names of the attorneys for the parties of each opinion released today from Tennessee's three appellate courts.
- 01-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 05-New Opinons From TCA
- 09-New Opinons From TCCA
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Lucian T. Pera
WIN MYINT and wife PATTI K. MYINT VS. ALLSTATE INSURANCE COMPANY Court:TSC Attorneys: For Appellants: For Appellee: JOSEPH H. JOHNSTON BARRY FRIEDMAN Nashville, TN PAIGE WALDROP MILLS JOHN D. SCHWALB Nashville, TN JON L. FLEISCHAKER Louisville, KY For Amicus Curiae: EDWARD K. LANCASTER Columbia, TN Tennessee Farmers Mutual Ins. Co. J. RICHARD LODGE E. CLIFTON KNOWLES Nashville, TN State Farm Mutual Automobile Insurance Company THOMAS H. PEEBLES, III G. BRIAN JACKSON Nashville, TN National Association of Independent Insurers and The Alliance of American Insurers JOHN KNOX WALKUP STEPHEN C. KNIGHT Nashville, TN State of Tennessee Judge:BIRCH First Paragraph: In this cause, the insuror refused to pay a claim under a policy of insurance. The insured contends that such refusal constitutes an "unfair or deceptive act or practice," in violation of the Consumer Protection Act, Tenn. Code Ann. SS 47-18-101, et seq. In contrast, the insuror insists that Tenn. Code Ann. S 56- 7-105, commonly known as the "bad faith statute," is the exclusive remedy for the bad faith denial of an insurance claim. Because Title 56, Chapters 7 and 8 of the Tennessee Code comprehensively regulates the insurance industry, the insuror insists that the acts and practices of an insurance company are never subject to the Consumer Protection Act. URL:http://www.tba.org/tba_files/TSC/myintw_opn.WP6 WAYNE BRAYFIELD and DON CHADWELL, INDIVIDUALLY AND d/b/a PLEASANTVILLE STUDIO TWO VS. KENTUCKY NATIONAL INSURANCE COMPANY Court:TCA Attorneys: LOUISE R. FONTECCHIO Bruce, Weathers, Corley, Dughman & Lyle 2075 First American Center 315 Deaderick Street Nashville, Tennessee 37238-0275 ATTORNEY FOR PLAINTIFFS/APPELLANTS GARY A. BREWER PARKS T. CHASTAIN Brewer, Krause, Brooks & Mills Suite 2600, The Tower 611 Commerce Street P.O. Box 23890 Nashville, Tennessee 37202-3890 ATTORNEY FOR THE DEFENDANT/APPELLEE Judge:BUSSART First Paragraph: This is an appeal by plaintiffs/appellants, Wayne Brayfield and Don Chadwell, from a jury verdict and order of the trial court awarding defendant/ appellee, Kentucky National Insurance Company, $64,754.54. Appellants contend any misrepresentations were immaterial as a matter of law, the trial court incorrectly instructed the jury, Appellee's counsel made improper statements during his closing argument, errors committed during voir dire tainted the jury, and the trial court allowed inadmissable evidence. The pertinent facts are as follows. URL:http://www.tba.org/tba_files/TCA/brayfie_opn.WP6 SHERRY BROWN, as next friend and natural mother of her minor children, AMANDA DANETTE MCMULLIN and ADAM MCMULLIN VS. DORRIS MCMULLIN, LARRY MCMULLIN, HELEN MCMULLIN, and THE ESTATE OF EUGENE MCMULLIN Court:TCA Judge:TODD First Paragraph: The appellees have filed a petition asking the Court to rule that the appeal in this case was frivolous. We find that the appeal was not frivolous and overrule the petition. It is therefore ordered that the petition be overruled. URL:http://www.tba.org/tba_files/TCA/browns_ord.WP6 ENOCH GEORGE, Sheriff of Maury County, Tennessee VS. ED HARLAN, County Executive of Maury County, Tennessee Court:TCA Attorneys: Robert L. Holloway, Jr., #6535 FLEMING, HOLLOWAY, FLYNN & SANDS 207 West 8th Avenue Columbia, Tennessee 38401 ATTORNEY FOR PLAINTIFF/APPELLEE William H. Dale, Jr. 611 North Main Street Columbia, Tennessee 38401 Thomas W. Hardin, #2873 HARDIN & PARKES 102 West 7th Street Columbia, Tennessee 38401 ATTORNEYS FOR DEFENDANT/APPELLANT Judge:TODD First Paragraph: The County Executive of Maury County has appealed from a judgment of the Circuit Court of Maury County authorizing the Sheriff of Maury County to employ additional assistants and to increase the wages of some existing assistants. URL:http://www.tba.org/tba_files/TCA/georgeen_opn.WP6 AMY L. JOHNSON VS. HAROLD G. JOHNSON Court:TCA Attorneys: Curtis M. Lincoln, Hendersonville, Tennessee Attorney for Defendant/Appellant. Robert G. Ingrum, PHILLIPS & INGRUM, Gallatin, Tennessee Attorney for Plaintiff/Appellee. Judge:FARMER First Paragraph: This is a divorce case. Harold G. Johnson (Husband) and Amy L. Johnson (Wife) were married on October 22, 1988 when he was 47 and she was 20 years old. During the marriage, the parties adopted a son, Justin, born January 11, 1991. In April 1997, the trial court entered a final decree declaring the parties divorced pursuant to T.C.A. S 36-4-129. Husband has appealed from the final decree, challenging the correctness of the trial court's decisions regarding child custody, alimony and classification and division of the marital estate. For the reasons hereinafter expressed, we affirm. URL:http://www.tba.org/tba_files/TCA/johnsona_opn.WP6 ROZANNE F. WRIGHT (FOLK-SCHMIDT) VS. JAN H. SCHMIDT Court:TCA Judge:HIGHERS First Paragraph: Appellant has filed a petition to rehear, which, after due consideration, is respectfully denied. URL:http://www.tba.org/tba_files/TCA/wright_ord.WP6 STATE OF TENNESSEE VS. EDGAR ALLEN ANDERSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL R. JONES JOHN KNOX WALKUP District Public Defender Attorney General & Reporter 110 Public Square Springfield, TN 37172 CLINTON J. MORGAN Counsel for the State 425 Fifth Ave. North 2nd Floor, Cordell Hull Bldg. Nashville, TN. 37243-0493 JOHN WESLEY CARNEY, JR. District Attorney General 204 Franklin St., Suite 300 Clarksville, TN 37040-3420 DENT MORRISS Asst. Dist. Attorney General 500 So. Main St. Springfield, TN 37172 Judge:WITT First Paragraph: The defendant, Edgar Allen Anderson, appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure from his conviction for aggravated burglary. Appellant was tried before a jury, convicted, and sentenced by the trial court to serve five years as a Range I, Standard Offender. URL:http://www.tba.org/tba_files/TCCA/andrsne_opn.WP6 STATE OF TENNESSEE VS. AARON COOPER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: David A. Collins John Knox Walkup Attorney at Law Attorney General & Reporter 211 Printers Alley Bldg. 4th Floor Nashville, TN 37201 Daryl Brand Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Victor S. (Torry) Johnson III District Attorney General Nicholas Bailey Assistant District Attorney General 222 2nd Avenue North Washington Square Building Nashville, TN 37201 Judge:SUMMERS First Paragraph: In November 1996, Aaron Cooper, the appellant, was convicted by a jury of aggravated robbery in the Davidson County Criminal Court. The trial court sentenced him to eight years in the Department of Correction as a Range I standard offender. The appellant raises the following issues for our review: (1) whether Tennessee Code Annotated S 39-13-402(a)(1) (1991) is unconstitutionally vague and (2) whether the evidence is sufficient to support his conviction. The judgment of the trial court is affirmed. URL:http://www.tba.org/tba_files/TCCA/cooperaa_opn.WP6 STATE OF TENNESSEE VS. JERRY HUSKINS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN KNOX WALKUP DON DICKERSON Attorney General & Reporter Attorney at Law 310-D E. Broad St. ELIZABETH B. MARNEY Cookeville, TN 38501 Assistant Attorney General 425 Fifth Ave. N., 2d Floor Nashville, TN 37243-0493 WILLIAM EDWARD GIBSON District Attorney General TONEY CRAIGHEAD Asst. District Attorney General 145 S. Jefferson Ave. Cookeville, TN 38501 Judge:WITT First Paragraph: We granted the state's petition for an interlocutory appeal in this prosecution for driving under the influence to review the Putnam County Criminal Court's order suppressing the results of the defendant's blood alcohol test. The trial court suppressed the evidence because the law enforcement officer who ordered the test failed to warn the defendant as required by Tennessee Code Annotated section 55-10-406(a)(2) that failure to give a sample would result in suspension of the defendant's driver's license. For the reasons that follow, we find the trial court's ruling in error. Accordingly, we reverse the order suppressing the evidence and remand this matter to the trial court for further proceedings consistent with this opinion. URL:http://www.tba.org/tba_files/TCCA/huskinsj_opn.WP6 CARL EUGENE JORDAN VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CARL EUGENE JORDAN, Pro Se JOHN KNOX WALKUP (On Appeal) Attorney General & Reporter DEANNA BELL-JOHNSON LISA A. NAYLOR 211 Third Ave., North Asst. Attorney General Nashville, TN 37201 425 Fifth Ave., North (At Hearing) Nashville, TN 37243 VICTOR S. JOHNSON, III District Attorney General STEVE DOZIER Asst. District Attorney General Washington Square Bldg., Suite 500 222 Second Ave., North Nashville, TN 37201-1649 Judge:PEAY First Paragraph: On January 23, 1981, the petitioner pled guilty to aggravated rape, armed robbery, and second-degree murder. He was then sentenced to three concurrent forty year sentences. On May 2, 1986, this Court granted the petitioner post-conviction relief and vacated the guilty plea on a finding that the trial court had failed to fully comply with required procedure in a determination of whether the guilty plea was made knowingly and voluntarily. State v. Jordan, No. 85-265-111(Tenn. Crim. App. at Nashville, May 2, 1986). URL:http://www.tba.org/tba_files/TCCA/jordance_opn.WP6 STATE OF TENNESSEE VS. JAMES ROY JERNIGAN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL R. JONES JOHN KNOX WALKUP Public Defender Attorney General & Reporter 110 Public Square Springfield, TN 37172 LISA A. NAYLOR Assistant Attorney General Criminal Justice Division 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 JOHN WESLEY CARNEY, JR. District Attorney General 204 Franklin St. Suite 200 Clarksville, TN 37040-3420 DENT MORRISS Assistant District Attorney General 500 S. Main St. Springfield, TN 37172 Judge:WITT First Paragraph: A jury in the Robertson County Circuit Court convicted the defendant, James Roy Jernigan, of aggravated burglary, and the trial court sentenced him to serve ten years in the Department of Correction as a Range III, persistent offender. The defendant now appeals his conviction and sentence alleging that various acts of prosecutorial misconduct denied him a fair trial and that the state failed to prove beyond a reasonable doubt that he was eligible for sentencing as a Range III, persistent offender. After reviewing the record before us and the applicable law, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/jrnignj_opn.WP6 STATE OF TENNESSEE VS. GERALD D. LOVELACE, Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREGORY D. SMITH JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter One Public Square, Suite 321 Clarksville, TN 37040 GEORGIA BLYTHE FELNER Counsel for the State 425 Fifth Ave. N., 2d Floor Nashville, TN 37243-0493 JOHN WESLEY CARNEY, JR. District Attorney General WILLIAM CLOUD Asst. District Attorney General 204 Franklin St., Suite 200 Clarksville, TN 37040 Judge:WITT First Paragraph: The defendant, Gerald D. Lovelace, appeals from his convictions of two counts of attempted second degree murder and one count of reckless endangerment. Lovelace received his convictions at the conclusion of a jury trial in the Montgomery County Circuit Court. The trial court sentenced him to serve concurrent sentences of eleven years, six months for each of his two attempted second degree murder convictions and two years for his reckless endangerment conviction. In this direct appeal, Lovelace challenges the length of his effective sentence. After a review of the record and the briefs of the parties, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/lovelace_opn.WP6 STATE OF TENNESSEE VS. MICHAEL M. TAYLOR Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MONTE D. WATKINS JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 176 Second Ave. N., Ste. 300 Nashville, TN 37201 LISA A. NAYLOR Counsel for the State 425 Fifth Ave. N., 2d Floor Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General LILA STATOM Asst. District Attorney General Washington Square, Ste. 500 222 Second Ave. N. Nashville, TN 37201-1649 Judge:WITT First Paragraph: The defendant, Michael M. Taylor, appeals from the conviction of second degree murder he received in the Davidson County Criminal Court for the killing of Tuesdai Hayes. Taylor is presently serving a 23-year sentence in the Department of Correction. In this direct appeal, he challenges the sufficiency of the convicting evidence, the court's admission of rebuttal testimony of an unsequestered witness, and the length of the sentence imposed. After reviewing the record and the parties' briefs and having heard oral arguments on the issues, we find no error in the proceedings below and affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/taylormm_opn.WP6 JUAN PEREZ WALKER VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: THOMAS H. MILLER JOHN KNOX WALKUP (On Appeal) Attorney General & Reporter Post Office Box 681662 Franklin, TN 37064 CLINTON J. MORGAN Counsel for the State MARTIN A. KOOPERMAN Criminal Justice Division (At the Post-Conviction Hearing) 425 Fifth Ave. North 603 Woodland St. Nashville, TN 37243-0493 Nashville, TN 37206 VICTOR S. JOHNSON, III District Attorney General PAM ANDERSON Assistant District Attorney General Washington Square, Suite 500 222 2nd Ave. N. Nashville, TN 37201-1649 Judge:WITT First Paragraph: Juan Perez Walker, the petitioner, appeals pursuant to Rule 3 of the Tennessee Rules of Criminal Procedure from the trial court's dismissal of his petition for post-conviction relief. He contends that the trial court erred in finding that his attorney had provided effective assistance of counsel and that he knowingly and voluntarily entered his guilty plea. URL:http://www.tba.org/tba_files/TCCA/walkerjp_opn.WP6 STATE OF TENNESSEE VS. SANFORD L. WILSON, Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: THOMAS H. MILLER JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter P.O. Box 681662 Franklin, TN 37068-1662 MARVIN E. CLEMENTS, JR. Asst. Attorney General 425 Fifth Ave. N., 2d Floor Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General DAN HAMM Asst. District Attorney General Washington Square 222 Second Ave. N., Ste. 500 Nashville, TN 37201-1649 Judge:WITT First Paragraph: The defendant, Sanford L. Wilson, appeals from his conviction of felony reckless endangerment. He received his conviction at the conclusion of a jury trial in the Davidson County Criminal Court. The trial court imposed a two-year sentence. In this direct appeal, Wilson appeals the length and manner of service of that sentence. Having reviewed the record and the briefs of the parties, we find no error of law requiring reversal and affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/wilsonsl_opn.WP6
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