Opinion Flash

October 31, 2003
Volume 9 — Number 200

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
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Court of Appeals
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 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


ROY HELTON, ET AL. v. JANICE FAYE VIERS, ET AL.

Court:TCA

Attorneys:                          

Douglas T. Jenkins, Rogersville, Tennessee, for the appellants, Janice
Faye Viers, Nadine Cradic, and Ruth Cradic.

Phillip L. Boyd, Rogersville, Tennessee, for the appellees, Roy Helton
and Judy Helton.

Judge: SUSANO

First Paragraph:

Following the death of Mattie P. Helton ("the deceased"), 11 of her 12
surviving children signed a writing agreeing to sell the deceased's
real property to the twelfth child, their brother, Roy Helton, for
$12,000.  Soon thereafter, two of the children, Janice Faye Viers and
Nadine Cradic, refused to be bound by the agreement.  Roy Helton  then
sued his two sisters for specific performance.  The sisters filed a
counterclaim for rescission and other relief.  Another sister, Ruth
Cradic, subsequently filed an intervening petition for rescission and
other relief.  At the conclusion of a bench trial, the court allowed
Ruth Cradic's petition to intervene; granted Roy Helton's complaint
for specific performance of the agreement; and denied the three
sisters' request for rescission.  We affirm.

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

TENNESSEE WASTE MOVERS, INC. v. LOUDON COUNTY, ET AL.

Court:TCA

Attorneys:                          

J. Polk Cooley, Rockwood, Tennessee, and Michael D. Pearigen and
Jennifer L. Brundige, Nashville, Tennessee, for the appellant,
Tennessee Waste Movers, Inc.

Harvey L. Sproul, Lenoir City, Tennessee, and E. H. Rayson and Penny
A. Arning, Knoxville, Tennessee, for the appellees, Loudon County and
Loudon County Commission.

Judge: SUSANO

First Paragraph:

Tennessee Waste Movers, Inc. ("TWM") filed an application with the
Loudon County Commission ("the Commission") seeking to expand an
existing landfill in the county.  The application was filed pursuant
to the provisions of Tenn. Code Ann. S 68-211-701, et seq., popularly
known as the "Jackson Law."  Following a hearing, the Commission
denied TWM's application.  TWM then petitioned the Loudon County
Chancery Court for judicial review.  At the conclusion of a two-day
bench trial, the court held in favor of the Commission's ruling. 
Consequently, it dismissed TWM's petition.  On appeal, TWM argues that
the trial court erred in its interpretation of the meaning of de novo
review as that concept is found in the Jackson Law and that both the
Commission and the trial court failed to properly consider the
criteria set forth in the Jackson Law.  If successful on appeal, TWM
seeks an award of attorney's fees and litigation costs.  We affirm.

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

STATE OF TENNESSEE v. CHRISTOPHER LOVIN

Court:TCCA

Attorneys:                          

Julie A. Rice (on appeal); and Charles Herman and Dan Korth, Assistant
Public Defenders (at trial), for the appellant, Christopher Lovin.

Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney,
Assistant Attorney General; and Jared Effler, John W. Galloway, Jr.,
and Todd Longmire, Assistant District Attorneys General, for the
appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, Christopher Lovin, was convicted of felony murder in
the perpetration of aggravated child abuse.  In this appeal of right,
the defendant argues that the evidence was insufficient and submits
that the trial court erred by failing to exclude cumulative medical
testimony.  The judgment is affirmed.

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

STATE OF TENNESSEE v. EDWARD L. WILLIAMS

Court:TCCA

Attorneys:                          

D'Artagnan H. Perry, Knoxville, Tennessee, for the appellant, Edward
L. Williams.

Paul G. Summers, Assistant Attorney General and Reporter; Braden H.
Boucek, Assistant Attorney General; Randall E. Nichols, District
Attorney General; and G. Scott Green, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

A Knox County jury convicted the juvenile defendant, Edward L.
Williams, of premeditated first degree murder and especially
aggravated robbery.  The trial court imposed consecutive sentences of
life for the premeditated murder conviction and twenty-two years for
the especially aggravated robbery conviction.  On appeal, the
defendant contends: (1) the evidence is insufficient to support the
conviction for premeditated murder; and (2) the trial court erred in
imposing consecutive sentences.  We remand for entry of an amended
judgment reflecting a sentence of life with the possibility of parole
and deleting any reference to a merger of the premeditated murder
count and the felony murder count.  We further order that the
sentences run concurrently rather than consecutively.  We otherwise
affirm the judgments of the trial court.

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

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