Opinion Flash

September 23, 2002
Volume 8 — Number 166

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

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
05 New Opinion(s) from the Tennessee Court of Appeals
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
03 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0923.wpd

KAREN BISHOP, et al. v.  HELEN G. BECKNER

Court:TCA

Attorneys:

Robert E. Pryor and Adam M. Priest, Knoxville, Tennessee, and Peter
Alliman, Madisonville, Tennessee, for the appellants, Karen Bishop and
Eric Bishop.

Jerry Shattuck, Clinton, Tennessee, and John T. Johnson, Jr., and
Amanda M. Belew, Knoxville, Tennessee, for the appellee, Helen G.
Beckner.

Judge: SUSANO

First Paragraph:

Jason Bishop was killed when he fell off a ledge while inside a cave
on the defendant's property.  The plaintiffs - mother and brother of
the deceased - sued the defendant.  The mother sued for her son's
wrongful death; the brother sued for "negligent infliction of
emotional harm" allegedly caused by his witnessing the fall that led
to his brother's death.  The defendant filed a motion for summary
judgment, asserting that the deceased was a trespasser to whom she
owed a limited duty - one that she claimed not to have violated; and
that, in any event, she is immune from suit under T.C.A. S 70- 7-101,
et seq. (1995) ("the Recreational Use Statutes").   The trial court
granted the defendant's motion.  The plaintiffs appeal, claiming that
the deceased was not a trespasser and that the statutory immunity does
not apply to the facts of this case.  We affirm.

http://www.tba.org/tba_files/TCA/bishopk.wpd

GALE EMERSON v. ROBERT EMERSON, III

Court:TCA

Attorneys: 

Thomas Crutchfield, Chattanooga, Tennessee, for Appellant.

Michael R. Campbell, Chattanooga, Tennessee, for Appellee.                         

Judge: FRANKS

First Paragraph:

In this post-divorce action, the Trial Court ordered an increase in
child support and ordered the father to pay 85% of the son's private
school tuition.  On appeal, the father insists the Trial Court was
without jurisdiction to entertain the petition, and the proof did not
support the increases ordered by the Trial Court.  We affirm.

http://www.tba.org/tba_files/TCA/emersong.wpd

ROY WILLIAM GRAY v. NANCY JANE GRAY

Court:TCA

Attorneys: 

Ricky A.W. Curtis, Knoxville, Tennessee, for the Appellant, Roy
William Gray

Sarah Y. Sheppeard, Knoxville, Tennessee, for the Appellee, Nancy Jane
Gray                         

Judge: GODDARD

First Paragraph:

In this divorce case from the Circuit Court for Knox County the
Appellant, Roy William Gray, contends that the Trial Court erred in
failing to disqualify counsel for the Appellee, Nancy Jane Gray. Mr.
Gray further contends that the Court erred in dividing the marital
assets, in granting both parties a divorce, and in awarding Ms. Gray
post trial attorney's fees.  Ms. Gray asserts that she should be
reimbursed for attorney's fees incurred by her in responding to this
appeal upon the grounds that the appeal is frivolous and devoid of
merit.  The judgment of the Trial Court is affirmed in part and
reversed in part.

http://www.tba.org/tba_files/TCA/grayroy.wpd

STATE OF TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES v. R.M.M., SR.

Court:TCA

Attorneys:

Lance A. Evans, Maryville, Tennessee, for the Appellant, R.M.M., Sr.

Paul G. Summers, Attorney General and Reporter, and Elizabeth C.
Driver, Assistant Attorney General, Nashville, Tennessee, for the
Appellee, State of Tennessee Department of Children's Services                        

Judge: GODDARD

First Paragraph:

This appeal from the Knox County Juvenile Court questions whether the
Juvenile Court erred in  terminating the parental rights of the
Appellant, R.M.M., Sr.,with respect to his child, R.M.M., II.  We
reverse.

http://www.tba.org/tba_files/TCA/rmm_opn.wpd

STATE OF TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES v. R.M.M., SR.

Court:TCA

SUSANO DISSENTING

http://www.tba.org/tba_files/TCA/rmm_dis.wpd

FRANK WHITE AND SUE WHITE v. GERALD EDWARD JENKINS, II

Court:TCA

Attorneys:

Linda G. Shown, Alcoa, Tennessee, for Appellant, Gerald Edward
Jenkins, II.

Melanie E. Davis and David T. Black, Maryville, Tennessee, for
Appellees, Frank and Sue White.                         

Judge: FRANKS

First Paragraph:

The Trial Court awarded landlord a judgment against tenant for
possession, rent owing, and attorney fees.  On appeal, we affirm with
modifications.

http://www.tba.org/tba_files/TCA/whitef.wpd

STATE OF TENNESSEE v. JONATHAN BLANCHARD

Court:TCCA

Attorneys:

Keith D. Stewart, Knoxville, Tennessee, for the appellant, Jonathan
Blanchard.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; and C. Berkeley Bell, District Attorney
General, for the appellee, State of Tennessee.                        

Judge: WELLES

First Paragraph:

The Appellant, Jonathan Blanchard, was convicted in 1988 of the sale
or delivery of cocaine and sentenced to seven years in prison. 
Following the successful completion of his sentence, the Appellant was
granted a pardon by the governor of Tennessee.  The Appellant
subsequently petitioned for an expungement of all public records
relating to his arrest and conviction.  The trial court denied the
Appellant's petition and the Appellant appealed as of right.  We
affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/blanchardj.wpd

SHIRLEY SPINA v. STATE OF TENNESSEE

Court:TCCA

Attorneys:  

Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; Greeley Wells, District Attorney General;
and Kent Chitwood, Assistant District Attorney General, for the
appellant, State of Tennessee.

Wayne Culbertson, Kingsport, Tennessee, for the appellee, Shirley
Spina.

Judge: WELLES

First Paragraph:

The Defendant, Shirley Spina, was indicted in Sullivan County for
custodial interference.  On the morning of trial, the trial court
dismissed the charge for lack of venue.  The State now appeals.  We
reverse the ruling of the trial court and remand this cause for
further proceedings.

http://www.tba.org/tba_files/TCCA/spinas.wpd

Tenn. Code Ann. S40-35-313

Date: September 16, 2002

Opinion Number: 02-099                         

http://www.tba.org/tba_files/AG/2002/OP99.pdf

Married Minor; Compulsory School Attendance Laws

Date: September 16, 2002

Opinion Number: 02-100                         

http://www.tba.org/tba_files/AG/2002/OP100.pdf

Private Act Creating New Division of General Sessions Court

Date: September 19, 2002

Opinion Number: 02-101                          

http://www.tba.org/tba_files/AG/2002/OP101.pdf

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