January 8, 1999
Volume 5 -- Number 004

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
03 New Opinion(s) from the Tennessee Court of Appeals
08 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Lucian T. Pera
Editor-in-Chief, TBALink


ORDER ESTABLISHING SUPREME COURT RULE 33
TENNESSEE LAWYER ASSISTANCE PROGRAM

Court:TSC - Rules
First Paragraph:

The Court hereby adopts a rule establishing a Tennessee Lawyer
Assistance Program pursuant to the recommendations of the Tennessee
Supreme Court Lawers' Assistance Program Committee.  It is ORDERED
that the rule set forth herein be and is hereby adopted as Rule 33 of
the Rules of the Supreme Court of Tennessee.

http://www.tba.org/tba_files/TSC_Rules/rule-33_ord.WP6



SARAH MAY (CHILDERS) (HARRISON) ANDERSON VS. WILLIAM TRAVIS HARRISON, SR. Court:TCA Attorneys: Chadwick G. Hunt, Savannah, Tennessee Attorney for Plaintiff/Appellant. Dennis W. Plunk, Savannah, Tennessee Attorney for Defendant/Appellee. Judge:FARMER First Paragraph: Plaintiff Sarah May Anderson appeals the trial court's order enforcing the final divorce decree which was previously entered by the court in December 1981. The trial court enforced the decree's provision relative to the division of the parties' former marital home by requiring Defendant/Appellee William Travis Harrison, Sr., to pay to the Plaintiff the sum of $12,084.36 for her interest in the property. The trial court enforced the decree's provision requiring the Defendant to pay a reasonable amount of child support to the Plaintiff by ordering the Defendant to pay to the Plaintiff the sum of $2250 for nine months of child support; however, the court ruled that all other claims for child support were barred by the ten-year statute of limitations applicable to actions on judgments and decrees. Based on our conclusion that both of these rulings were in error, we modify in part, affirm in part, and reverse in part the trial court's judgment. http://www.tba.org/tba_files/TCA/andersns_opn.WP6
FLORENCE HOWARD VS. JIMMIE HOWARD Court:TCA Attorneys: Kim G. Sims, Memphis, Tennessee Attorney for Defendant/Appellant. Christine D. Worley, Memphis, Tennessee Attorney for Plaintiff/Appellee. Judge:FARMER First Paragraph: Defendant Jimmie Howard (Husband) appeals the trial court's order denying his motion to set aside the final divorce decree previously entered by the court. We affirm the trial court's judgment based on our conclusion that the record contains insufficient evidence to support the Husband's motion to set aside. http://www.tba.org/tba_files/TCA/howardfl_opn.WP6
KATHERINE JEWELL SMITH and JIMMIE LEWIS SMITH VS. METHODIST HOSPITALS OF MEMPHIS, KEITH G. ANDERSON, M.D., and THE SUTHERLAND CLINIC, INC., f/k/a CARDIOLOGY CONSULTANTS OF MEMPHIS Court:TCA Attorneys: David M. Cook, W. Timothy Hayes, Jr. Karen L. Schlesinger of Memphis For Defendants-Appellees, Anderson, The Sutherland Clinic, Inc., f/k/a Cardiology Consultants of Memphis Gary K. Smith, William D. Domico, Bryan C. Witt of Memphis For Defendant-Appellant, Methodist Hosiptals of Memphis Judge:CRAWFORD First Paragraph: This interlocutory appeal involves an action by a settling tortfeasor for contribution from an alleged joint tortfeasor. Defendant/cross-plaintiff, Methodist Hospital of Memphis (Methodist), appeals from the order of the trial court dismissing its cross-complaint for contribution against defendant/cross-defendant, Keith G. Anderson, M.D. (Anderson) and the Sutherland Clinic, Inc. (Sutherland). http://www.tba.org/tba_files/TCA/smithka_opn.WP6
STATE OF TENNESSEE VS. JEFFREY R. ALLEN and JENNINGS MICHAEL COEN Court:TCCA Attorneys: FOR THE APPELLANTS: CHRISTOPHER VAN RIPER (Attorney for Appellant Allen) 300 Market Street, Suite 200 Clinton, TN 37716 NANCY MEYER (Attorney for Appellant Coen) Asst. District Public Defender 101 S. Main St., Suite 450 Clinton, TN 37716 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter MICHAEL J. FAHEY, II Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 JAMES N. RAMSEY District Attorney General JAN HICKS Assistant District Attorney General 127 Anderson County Courthouse Clinton, TN 37716 Judge:RILEY First Paragraph: The defendants, Jeffrey R. Allen and Jennings Michael Coen, appeal as of right their convictions of attempted rape by an Anderson County jury. Allen was sentenced to ten (10) years as a Range III, persistent offender. Coen was sentenced to four (4) years as a Range I, standard offender. http://www.tba.org/tba_files/TCCA/allenj_opn.WP6
STATE OF TENNESSEE VS. GROVER DONNELL COWART Court:TCCA Attorneys: For the Appellant: For the Appellee: Randall E. Reagan Charles W. Burson 602 South Gay Street Attorney General of Tennessee Knoxville, TN 37902 and Darian B. Taylor Assistant Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 Randall E. Nichols District Attorney General and Gregg Harrison Assistant District Attorney General City-County Building Knoxville, TN 37902 Judge:TIPTON First Paragraph: The defendant, Grover Donnell Cowart, appeals as of right from his convictions by a jury in the Knox County Criminal Court for especially aggravated robbery and attempted first degree murder, Class A felonies. The trial court sentenced the defendant as a Range I, standard offender to twenty-five years and twenty years, respectively, in the custody of the Department of Correction. The court ordered the defendant to serve his sentences consecutively. http://www.tba.org/tba_files/TCCA/cowartgd_opn.WP6
STATE OF TENNESSEE VS. WILLIAM LAVERN DAVIS Court:TCCA Attorneys: FOR THE APPELLANT: N. ANDY MYRICK, JR. 116 West Market Street Fayetteville, TN 37334 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter KIM R. HELPER Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM MICHAEL MCCOWN District Attorney General WEAKLEY E. BARNARD Assistant District Attorney General Marshall County Courthouse Room 407 Lewisburg, TN 37091 Judge:RILEY First Paragraph: The defendant, William Lavern Davis, appeals his conviction by a Marshall County jury of theft of property over $1,000. He was sentenced as a career offender to twelve (12) years. On appeal, he contends the evidence adduced at trial was insufficient to sustain a guilty verdict and the trial court erred in admitting evidence of a prior bad act. The judgment of the trial court is AFFIRMED. http://www.tba.org/tba_files/TCCA/Daviswl_opn.WP6
STATE OF TENNESSEE VS. RODNEY FORD With DISSENTING OPINION Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Jay Norman John Knox Walkup 213 Third Ave. N. Attorney General & Reporter Nashville, TN 37201 Daryl J. Brand Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Victor S. (Torry) Johnson III District Attorney General Kymberly Haas Assistant District Attorney General Washington Sq., Suite 500 222 Second Ave. N. Nashville, TN 37201-1649 Judge:SUMMERS First Paragraph: The defendant was convicted by a jury of three counts of aggravated robbery. He was sentenced as a range I standard offender to three concurrent terms of eight years. In this direct appeal, the defendant contends that the trial court erred in denying his motion to suppress evidence. Upon our review of both the suppression hearing and the trial, we remand this matter for further proceedings consistent with this opinion. http://www.tba.org/tba_files/TCCA/Fordrodn_opn.WP6 DISSENTING OPINION http://www.tba.org/tba_files/TCCA/Fordr_dis.WP6
ANTHONY DURAND HINES VS. STATE OF TENNESSEE ORDER Court:TCCA Judge:SMITH First Paragraph: This matter is before the Court upon the state's motion to affirm the judgment pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. Having reviewed the state's motion, the appellant's brief, and the record on appeal, the Court finds that the motion is well taken and that the judgment of the trial court should be affirmed. http://www.tba.org/tba_files/TCCA/Hinesad1_ord.WP6
MARVIN K. MASSEY VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Thomas Edward Nelson John Knox Walkup 211 Third Ave., N. Attorney General & Reporter Nashville, TN 37201 Kim R. Helper Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243-0493 Victor S. (Torry) Johnson III District Attorney General Lila Statom Assistant District Attorney General Washington Square, Suite 500 222 Second Ave., N. Nashville, TN 37201-1649 Judge:SUMMERS First Paragraph: The petitioner pled guilty to second-degree murder in exchange for a twenty-two year sentence. No direct appeal was taken. The petitioner subsequently filed the instant petition alleging that he received ineffective assistance of counsel. After a hearing the trial court denied relief, finding that the petitioner received "sound advice from counsel [and] detailed instruction by the Court." http://www.tba.org/tba_files/TCCA/Masseymk_opn.WP6
STATE OF TENNESSEE VS. JAMES M. WILLIAMS WITH CONCURRING OPINION Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT M. BRANNON, JR. JOHN KNOX WALKUP 295 Washington, Suite 3 Attorney General and Reporter Memphis, TN 38103 ELIZABETH T. RYAN THOMAS E. HANSOM Assistant Attorney General 659 Freeman 425 Fifth Avenue North Memphis, TN 38122 Nashville, TN 37243 WILLIAM GIBBONS District Attorney General THOMAS D. HENDERSON PERRY HAYES Assistant District Attorneys General 201 Poplar Avenue Memphis, TN 38103 Judge:WELLES First Paragraph: The Defendant was tried before a jury on charges of vehicular homicide, driving while under the influence of an intoxicant, reckless driving, and leaving the scene of an accident involving death. The jury found him guilty of the Class E felony of leaving the scene of an accident involving death and found him not guilty of all other charges. The trial judge imposed a sentence of two years and denied any form of alternative sentence. The Defendant appeals from his conviction and his sentence. We affirm his conviction and modify his sentence. http://www.tba.org/tba_files/TCCA/williaja_opn.WP6 CONCURRING OPINION http://www.tba.org/tba_files/TCCA/williajc_con.WP6
STATE OF TENNESSEE VS. JAMES W. WILLS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Shipp R. Weems John Knox Walkup District Public Defender Attorney General & Reporter Robert H. Stovall, Jr. Clinton J. Morgan Assistant Public Defender Counsel for the State P.O. Box 160 425 Fifth Avenue North Charlotte, Tennessee 37036 Nashville, TN 37243-0493 Dan M. Alsobrooks District Attorney General George C. Sexton Assistant District Attorney General Humphreys County Courthouse Waverly, TN 37160 Judge:SUMMERS First Paragraph: James W. Wills appeals as of right from a judgment of the Circuit Court of Humphreys County revoking his twelve-year community corrections sentence and resentencing him to an effective term of eighteen years in the Tennessee Department of Correction. The trial court did not conduct a sentencing hearing prior to this resentencing; and the record is devoid of any indication as to how the present sentence was determined. Based upon these and other failures to comply with the Sentencing Reform Act of 1989, the appellant asks this Court to set aside his present sentence and remand this case for a sentencing hearing and resentencing. We so order. The appellant does not contest the revocation of his community corrections sentence. http://www.tba.org/tba_files/TCCA/Willsjam_opn.WP6

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