January 4, 2000
Volume 6 -- Number 001

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
02 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
05 New Opinion(s) from the Tennessee Court of Appeals
05 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

					
Petition for Approval of Certification Standards for
Family Law Specialist
Court:TSC - Rules                         

Judge:  ANDERSON

First Paragraph:

The Tennessee Commission on Continuing Legal Education and
Specialization filed a petition to amend Supreme Court Rule 21 with
this Court on October 27, 1999.  The Commission has certified that
copies of this Petition were mailed to all major bar associations in
the state.  Further, the Commission's Requirements newsletter, mailed
in November to all Tennessee attorneys, contained an article
describing the proposed standards, and notifying Tennessee attorneys
that the Petition and supporting material was available for review on
the Commission's world wide web site.

http://www.tba.org/tba_files/TSC_Rules/famlaw.wpd



Petition to Amend Supreme Court Rule 21 To Provide for the Permanent Acceptance of Distance Learning Activities As Part of Tennessee's Mandatory Continuing Legal Education Program Court:TSC - Rules First Paragraph: The Tennessee Commission on Continuing Legal Education and Specialization filed a petition to amend Supreme Court Rule 21 with this Court on October 26, 1999. The Commission has certified that copies of this Petition were mailed to all major bar associations in the state. Further, the Commission's Requirements newsletter, mailed in November to all Tennessee attorneys, contained an article describing the proposed amendments, and notifying Tennessee attorneys that the Petition and supporting material was available for review on the Commission's world wide web site. http://www.tba.org/tba_files/TSC_Rules/rul21amd.wpd
WANDA FAYE BROWN VS. JOHN CHESTER BROWN Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: L. Thomas Austin Jerry B. Bible Dunlap, Tennessee Jasper, Tennessee Judge: LILLARD First Paragraph: This is a divorce case. The trial court divided the marital estate and granted the wife alimony in futuro. Both the wife and the husband appeal the division of marital property and the award of alimony. We affirm. http://www.tba.org/tba_files/TCA/BROWNWF.wpd
ANALYN ROJO CANTRELL VS. IN THE MATTER OF: ESTATE OF JERRY A. CANTRELL, Deceased Court:TCA Attorneys: PHILLIP NEWMAN 401 Church Street Franklin, Tennessee 37064 Attorney for Petitioner/Appellant JUDY OXFORD 136 Fourth Avenue South Franklin, Tennessee 37064 Attorney for Respondent/Appellee Judge: CANTRELL First Paragraph: This appeals concerns the enforceability of a prenuptial agreement. On appeal the appellant challenges the trial court's application of the Dead Man's Statute, Tenn. Code Ann. S 24-1-203, to exclude parts of her testimony, and the court's finding that she entered into the agreement freely, knowingly, and after a full and fair disclosure of the extent and value of her husband's assets. We affirm the trial court. http://www.tba.org/tba_files/TCA/cantrellar.wpd
WILLIAM BRADLEY KINCAID, III VS. KATHY JO KEMMER KINCAID Court:TCA Attorneys: Jeffrey L. Levy, Nashville, Tennessee Attorney for Plaintiff/Appellant Helen Sfikas Rogers, Nashville, Tennessee Lana L. Lennington, Nashville, Tennessee Attorneys for Defendant/Appellee Judge: FARMER First Paragraph: In this action brought by Plaintiff William Bradley Kincaid, III against Defendant Kathy Jo Kemmer (formerly Kathy Jo Kemmer Kincaid), the trial court granted an absolute divorce to Ms. Kemmer, divided the parties' marital property, allocated the parties' marital debt, and awarded alimony and attorney's fees to Ms. Kemmer. On appeal, Mr. Kincaid challenges the trial court's ruling with respect to the parties' marital property and debts, alimony, and attorney's fees. On cross-appeal, Ms. Kemmer argues that the trial court should have ordered Mr. Kincaid to pay a greater amount of her attorney's fees. For the reasons set forth below, we affirm the ruling of the trial court. http://www.tba.org/tba_files/TCA/Kincaidwb.wpd
FRED MARSHALL VS. JACKSON & JONES OILS, INC. Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: Frank M. Fly Allen Shoffner Murfreesboro, Tennessee Shelbyville, Tennessee Judge: KOCH First Paragraph: This appeal involves a contract dispute between a service station owner and his gasoline supplier. The owner filed suit against the supplier in the Circuit Court for Rutherford County alleging that the supplier's breach of the retail price provisions of their contract forced him out of business. http://www.tba.org/tba_files/TCA/Marshallf.wpd
MARGARET WHITE and MURL WHITE VS. THE VANDERBILT UNIVERSITY, THE VANDERBILT UNIVERSITY d/b/a VANDERBILT UNIVERSITY MEDICAL CENTER and VANDERBILT UNIVERSITY HOSPITAL, DAN SPENGLER, M.D. R. BRADLEY WYRSCH, M.D. MICHAEL CHMELL, M.D., and CLEMENT JONES, M.D. Court:TCA Attorneys: For Plaintiffs/Appellants: For Defendants/Appellees: Jeffrey A. Garrety H. Lee Barfield LAW OFFICES OF JEFFREY A. GARRETY Steven E. Anderson Jackson, Tennessee E. Clifton Knowles BASS, BERRY & SIMS Larry D. Ashworth Nashville, Tennessee David E. High ASHWORTH & HIGH Nashville, Tennessee Judge: KOCH First Paragraph: This medical malpractice action stems from a rare post-operative complication of back surgery called the cauda equina syndrome. A patient diagnosed with the syndrome filed suit in the Circuit Court for Davidson County alleging that four physicians and the hospital where her back surgery was performed had caused her permanent injury by negligently failing to monitor, diagnose, and treat her post operative condition. http://www.tba.org/tba_files/TCA/Whitem.wpd
DAVID CHARLES HAFT VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DAVID CHARLES HAFT, pro se PAUL G. SUMMERS STSRCF, Unit 13 Attorney General & Reporter Route 4, Box 600 Pikeville, TN 37367 MICHAEL J. FAHEY, II Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 WILLIAM H. COX, III District Attorney General 600 Market Street, Suite 310 Chattanooga, TN 37402 Judge: WOODALL First Paragraph: On January 23, 1991, Petitioner David Charles Haft was convicted of first degree murder and attempted first degree murder. The trial court subsequently imposed sentences of life and twenty years, respectively. On October 30, 1998, Petitioner filed a petition for post-conviction relief, or in the alternative, a motion to reopen a previous petition. http://www.tba.org/tba_files/TCCA/haftdc.wpd
GORDON SCOTT HOBBS VS. JAMES BOWLEN, Warden and STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellees: Gordon Scott Hobbs, pro se Michael E. Moore #94583 Solicitor General Route 4, Box 600 Pikeville, TN 37367 Ellen H. Pollack Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 James W. Pope, III Assistant District Attorney General 375 Church Street Dayton, TN 37321 Judge: GLENN First Paragraph: The petitioner, Gordon S. Hobbs, was convicted on January 28, 1981, in the Hamilton County Circuit Court of first degree murder and assault with intent to commit first degree murder and sentenced to two life sentences to be served consecutively. This court affirmed the convictions and sentences on November 12, 1981, and our supreme court denied permission to appeal on February 22, 1982. http://www.tba.org/tba_files/TCCA/hobbsgs.wpd
ALICIA SHAYNE LOVERA VS. STATE OF TENNESSEE WITH CONCURRING OPINION Court:TCCA Attorneys: For the Appellant: For the Appellee: Douglas A. Trant Paul G. Summers Attorney for the Appellant Attorney General and Reporter 900 S. Gay Street, Suite 1502 Knoxville, TN 37902 Ellen H. Pollack Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Alfred C. Schmutzer, Jr. District Attorney General Sevier County Courthouse 125 Court Avenue, Suite 301-E Sevierville, TN 37962 Judge: HAYES First Paragraph: The appellant, Alicia Shayne Lovera, appeals from the trial court's denial of her petition for post-conviction relief. In November 1994, the appellant was charged with the first degree premeditated murder of her husband Kelly J. Lovera. A Sevier County jury found the appellant guilty of the offense charged. http://www.tba.org/tba_files/TCCA/LoveraAS.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCCA/LoveraAS_con.wpd
JEFFREY SCOTT MILES VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Jeffrey Scott Miles, Pro Se Paul G. Summers NECX CCA Caller #1 Attorney General and Reporter Roan Mountain, TN 37687 Patricia C. Kussmann Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 William Edward Gibson District Attorney General David Patterson Asst. District Attorney General 145 S. Jefferson Avenue Cookeville, TN 38501 Judge: HAYES First Paragraph: The appellant, Jeffrey Scott Miles, appeals from the trial court's denial of the writ of error coram nobis. Proceeding pro se, the appellant seeks issuance of the writ in order to correct errors from the judgment of the trial court revoking his probation and remanding him to the custody of the Department of Correction. http://www.tba.org/tba_files/TCCA/MilesJSj.wpd
STATE OF TENNESSEE VS. RAMAAN JAMEL THOMAS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM L. BROWN PAUL G. SUMMERS Attorney at Law Attorney General & Reporter 706 Walnut Street, Suite 902 Knoxville, TN 37902 MARVIN S. BLAIR, JR. Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 RANDALL EUGENE NICHOLS District Attorney General MARSHA SELECMAN Assistant District Attorney General 400 Main P.O. Box 1468 Knoxville, TN 37901-1468 Judge: WOODALL First Paragraph: Defendant Ramaan Jamel Thomas pled guilty in the Knox County Criminal Court to one count of theft of property worth between $10,000.00 and $60,000.00 and the trial court imposed a sentence of three years to be served in the Community Alternative to Prison Program ("CAPP"). http://www.tba.org/tba_files/TCCA/thomasrj.wpd

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