Opinion FlashMay 2, 2002
Volume 8 Number 076
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.
There are three ways for TBALink members to get the full-text versions of these opinions from the Web:
Howard H. Vogel
GEORGE B. ALDER, JR. v. BILLY JACK BIBLE, et al. Court:TCA Attorneys: Edwin Z. Kelly, Jr., Jasper, Tennessee, for the appellant, George B. Alder, Jr. Jerry B. Bible, Jasper, Tennessee, for the appellees, Billy Jack Bible and Hylis Bible. Judge: CANTRELL First Paragraph: The plaintiff sued adjoining landowners asking the court to establish the boundary line between the two properties. The Chancery Court of Marion County held that the line originally ran where the plaintiff claimed but that the plaintiff's claim was barred by laches and adverse possession. We affirm. http://www.tba.org/tba_files/TCA/aldergb.wpd
DOUG JONES v. EDDIE GILLETTE, SR., et al. Court:TCA Attorneys: Catherine Marie White, Chattanooga, Tennessee, for the Appellants, Eddie Gillette, Sr., and Vivian Gillette Erskine Patterson Mabee, Chattanooga, Tennessee, for the Appellee, Doug Jones Judge: GODDARD First Paragraph: The Defendants/Appellants, Eddie Gillette, Sr., and Vivian Gillette, the maternal grandparents of A.B.J., contend that the Trial Court abused its discretion when it granted custody of A.B.J. to her father, the Plaintiff/Appellee, Doug Jones. The Gillettes further contend that the Trial Court abused its discretion when it denied their oral motion to stay enforcement of its judgment pending appeal and when it denied their oral motion to award them visitation pending appeal. We affirm the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/jonesdoug.wpd
JERRY L. LUSTER v. B. CAMPBELL SMOOT Court:TCA Attorneys: Jerry L. Luster, Whiteville, Tennessee, Pro Se. H. Thomas Parsons, Manchester, Tennessee, for the appellee, B. Campbell Smoot. Judge: CANTRELL First Paragraph: A prisoner filed a civil rights intimidation suit against a public defender who uttered a racial slur during a recess in the plaintiff's criminal trial. The trial court granted summary judgment to the public defender. We affirm. http://www.tba.org/tba_files/TCA/lusterjl.wpd
ANTONIO SWEATT v. TENNESSEE DEPARTMENT OF CORRECTION Court:TCA Attorneys: Antonio Sweatt, Nashville, Tennessee, Pro Se. Paul Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Mark A. Hudson, Senior Counsel, for the appellee, State of Tennessee. Judge: CANTRELL First Paragraph: An inmate sued the Department of Correction and three of its officials in forma pauperis, claiming that the defendants conspired to violate his constitutional rights by housing him in conditions where he was exposed to second-hand smoke. The trial court dismissed his complaint as barred by the doctrine of res judicata, declared it be frivolous, and enjoined him from filing any more claims because he failed to pay the court costs as required under the provisions of Tenn. Code. Ann. S 41- 21-801, et seq. We affirm. http://www.tba.org/tba_files/TCA/sweatta.wpd
YASMOND FENDERSON v. STATE OF TENNESSEE Court:TCCA Attorneys: Leslie M. Jeffress, Knoxville, Tennessee, for the Appellant, Yasmond Fenderson. Paul G. Summers, Attorney General & Reporter; Angele M. Gregory, Assistant Attorney General; Randall E. Nichols, District Attorney General; and G. Scott Green, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The petitioner, Yasmond Fenderson, filed a petition for post-conviction relief to challenge his Knox County convictions of second-degree murder and conspiracy to commit second-degree murder. The post-conviction court conducted an evidentiary hearing but denied post-conviction relief. The petitioner appeals and claims the ineffective assistance of trial counsel. Finding that the record supports the post-conviction court's denial of relief, we affirm. http://www.tba.org/tba_files/TCCA/fendersonvasmond.wpd
STATE OF TENNESSEE v. JACQUIE UPCHURCH GIARDINA Court:TCCA Attorneys: R. Russell Mattocks, Assistant Public Defender, Morristown, Tennessee, for the Appellee, Jacquie Upchurch Giardina. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III, Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney General; and Jack Marecic, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Convicted by a jury of third-offense driving while under the influence (DUI), the defendant, Jacquie Upchurch Giardina, challenges on appeal the sufficiency of the convicting evidence and her sentence of eleven months and 29 days to be served in confinement. Discerning no error, we affirm the conviction and the sentence. http://www.tba.org/tba_files/TCCA/giardinajacquieupchurch.wpd
PLEASE FORWARD THIS E-MAIL!
GET A FULL-TEXT COPY OF AN OPINION!
SUBSCRIBE TO OPINION FLASH!
For the HTML Text Version:
UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
To STOP receiving TBALink Opinion-Flash:
© Copyright 2002 Tennessee Bar Association