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Our new Google search engine allows TBA members to search our database of Tennessee appellate court decisions from 1995, attorney general opinions from 2001, Tennessee Bar Journal articles from 1996 and more. In addition, you can open a text version of all opinions, whether they were created in Word Perfect or PDF format.

http://www.tba.org/tba_searchlink.html

TODAY'S OPINIONS
Click on the category of your choice to view summaries of today’s opinions from that court, or other body. A link at the end of each case summary will let you download the full opinion in PDF format. To search all opinions in the TBALink database, go to our OpinionSearch page. If you have forgotten your password or need to obtain a password, you can look it up on TBALink at http://www.tba.org/getpassword.mgi.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
01 - TN Supreme Court - Rules
05 - TN Court of Appeals
04 - TN Court of Criminal Appeals
03 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.mgi

Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

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

SUPREME COURT DISCRETIONARY APPEALS

Court: TSC-Rules

http://www.tba2.org/tba_files/TSC_Rules/2006/certlist013006.pdf

CURTIS LEE CANTRELL v. JAMI LYNN CANTRELL

Court: TCA

Attorneys:

Robert J. Turner, Nashville, Tennessee, for the appellant, Jami Lynn Cantrell.

Lee Bussart Bowles, Lewisburg, Tennessee, for the appellee, Curtis Lee Cantrell.

Judge: WILLIAM C. KOCH

This appeal arises from a divorce case. After ten years of marriage, the husband filed a divorce complaint in the Chancery Court for Lincoln County. Even though both parties sought to be the primary residential parent prior to the trial, the court placed the children in the husband’s custody after the wife attempted suicide. After conducting a bench trial, the court designated the father as the primary residential parent and granted the mother unsupervised visitation. On this appeal, the mother asserts that the trial court erred with regard to the custody of the children and the division of marital assets. She also insists that the trial court erred by holding her in criminal contempt. While we reverse the trial court’s finding that the mother was in criminal contempt, we affirm the court’s decisions regarding custody and the division of the marital estate.

http://www.tba2.org/tba_files/TCA/2006/cantrellc013006.pdf


DAVID HELTON, ET AL. v. GLENN ENTERPRISES, INC.,

Court: TCA

Attorneys:

Stephen A. Marcum, Huntsville, Tennessee, for the appellants, David Helton and wife, Charlotte Helton.

Jay Arthur Garrison, Knoxville, Tennessee, for the appellee, Glenn Enterprises, Inc. dba Linmar Hospitality

Judge: CHARLES D. SUSANO, JR.

David Helton and his wife, Charlotte Helton, brought suit against Glenn Enterprises, Inc., dba Linmar Hospitality, the operator of a Fairfield Inn in Knox County, for compensatory damages arising out of the theft of their drag racing vehicle and other personal property losses, all of which occurred while the plaintiffs were guests at the defendant’s motel. At the conclusion of a jury trial, the court directed a verdict for the defendant, holding that there was no liability shown by the proof. This holding was predicated upon the fact that the parking lot where the plaintiffs parked their truck and trailer, while close to the defendant’s motel, was not actually on the defendant’s property. The plaintiffs appeal, arguing that the duty established by the Supreme Court in the case of McClung v. Delta Square Ltd. P’ship, 937 S.W.2d 891 (Tenn. 1996) should apply to the facts of this case. They contend that they made out a question for the jury on the McClung issue as well as on the issue of liability under the Tennessee Consumer Protection Act (“the TCPA”). We vacate the trial court’s judgment on these two issues and remand for a new trial.

http://www.tba2.org/tba_files/TCA/2006/heltondd013006.pdf


BRADLEY S. LOGAN, M.D. v. LEON EVERETT, M.D., VIRGIL CROWDER, M.D., JACK BUCK, CROCKETT HOSPITAL, LLC., and LIFEPOINT HOSPITALS, INC.

Court: TCA

Attorneys:

Bradley S. Logan, M.D., Nashville, Tennessee, pro se.

Robert L. Trentham and Taylor B. Mayes, Nashville, Tennessee, for Appellee, Virgil Crowder, M.D.

Andrew S. Naylor and Stanley E. Graham, Nashville, Tennessee, for Appellees, Leon Everett, M.D., Jack Buck, Crockett Hospital, LLC., and Lifepoint Hospitals, Inc.

Judge: HERSCHEL PICKENS FRANKS

Plaintiff sued defendants, claiming defendants intentionally interfered with a business relationship by making false and malicious statements about him. The Trial Court granted defendants summary judgment on the grounds defendants were immune pursuant to Tenn. Code Ann. § 63-6-210(d)(1)(2) for providing information to a credential committee investigating plaintiff. On appeal, we affirm the Judgment of the Trial Court.

http://www.tba2.org/tba_files/TCA/2006/loganb013006.pdf


JOEL T. SHUMAN v. SHARON LOUISE ALDER SHUMAN

Court: TCA

Attorneys:

John D. Lockridge, Knoxville, Tennessee, for appellant.

Bill W. Petty, Knoxville, Tennessee, for appellee.

Judge: HERSCHEL PICKENS FRANKS

After the divorce where the wife was awarded alimony for two years, the wife petitioned the Court for alimony in futuro, which the Trial Court granted. On appeal, we affirm.

http://www.tba2.org/tba_files/TCA/2006/shumanj013006.pdf


MICHAEL SIMS v. BRENDA WILLIAMS

Court: TCA

Attorneys:

Michael Sims, Marble Hill, Missouri, appellant, Pro Se.

Brenda Williams, appellee, not represented on appeal.

Judge: PATRICIA J. COTTRELL

The trial court found a divorced father guilty of criminal contempt and sentenced him to ninety days in jail after a hearing on the mother’s petition for contempt at which the father failed to appear. We reverse because the father did not receive notice of the contempt proceedings sufficient to meet the requirements of Rule 42 of the Tennessee Rules of Criminal Procedure.

http://www.tba2.org/tba_files/TCA/2006/simsm013006.pdf


STATE OF TENNESSEE v. WILLIAM G. ARTERBURN

Court: TCCA

Attorneys:

Paul G. Whetstone, Mosheim, Tennessee, for the appellant, William G. Arterburn.

Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney General; and Victor J. Vaughn, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: JOSEPH M. TIPTON

A Hamblen County Criminal Court jury convicted the defendant, William G. Arterburn, of driving under the influence, second offense (“DUI”), a Class A misdemeanor, and driving on a revoked license, a Class B misdemeanor, and the trial court sentenced him to eleven months and twenty-nine days for the DUI and six months for the driving on a revoked license, ordering the defendant to serve fifty percent of his sentence in incarceration. The defendant appeals, claiming that the evidence is insufficient and that a rebuttal witness violated Rule 615 of the Tennessee Rules of Evidence, thereby denying him a fair trial. We affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/arterburnw013006.pdf


STATE OF TENNESSEE v. EDDIE ELVETON ROBINSON GASTON

Court: TCCA

Attorneys:

Bruce E. Poston, Knoxville, Tennessee, for the appellant, Eddie Elveton Robinson Gaston.

Paul G. Summers, Attorney General and Reporter; John E. Bledsoe, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Leslie Nassios and Paula Ham, Assistant District Attorneys General, for the appellee, State of Tennessee.

Judge: ROBERT W. WEDEMEYER

The Defendant, Eddie Gaston, was convicted of premeditated first degree murder, two counts of attempted first degree murder, especially aggravated kidnapping, and especially aggravated robbery. The trial court sentenced the Defendant to life in prison for the first degree murder conviction and to twenty-five years for each of the other convictions, and it ordered that all the sentences be served consecutively. On appeal, the Defendant contends that: (1) the evidence is insufficient to sustain any of his convictions; (2) the trial court erred when it ruled on several different evidentiary issues; and (3) the trial court committed sentencing errors. Finding that there exists no reversible error, we affirm the judgments of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/gastone013006.pdf


STATE OF TENNESSEE v. DONALD MULLINS

Court: TCCA

Attorneys:

Edwin G. Sadler, Cookeville, Tennessee, for the appellant, Donald Mullins.

Paul G. Summers, Attorney General and Reporter; Jane L. Beebe, Assistant Attorney General; William Edward Gibson, District Attorney General; and Anthony J. Craighead, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: JOHN EVERETT WILLIAMS

The defendant appeals his conviction for theft of property, contending that the evidence failed to establish that he took the property without the owner’s effective consent. However, upon review, we conclude that the evidence was sufficient to support the verdict and affirm the judgment of the trial court.

http://www.tba2.org/tba_files/TCCA/2006/mullinsd013006.pdf


STATE OF TENNESSEE v. ALFONZO THOMAS PECK, ALIAS TOM PECK

Court: TCCA

Attorneys:

John G. McDougal (on appeal) and Melanie R. Snipes (at trial), Chattanooga, Tennessee, for the appellant, Alfonzo T. Peck, Alias Tom Peck.

Paul G. Summers, Attorney General and Reporter; Blind Akrawi, Assistant Attorney General; William H. Cox, III, District Attorney General; and David W. Denny, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: JOHN EVERETT WILLIAMS

A Hamilton County jury convicted the defendant, Alfonzo Thomas Peck, of two counts of aggravated rape (a Class A felony), and the trial court sentenced him as a repeat violent offender to concurrent sentences of life without the possibility of release. On direct appeal, the defendant raises multiple issues for our review, including the sufficiency of the evidence, challenges to the admission of a prior conviction, a limiting instruction, and sentencing. Upon review, we conclude that the trial court erred in allowing the defendant to be cross-examined regarding his prior conviction of aggravated rape. However, given the overwhelming proof of the defendant’s guilt notwithstanding the conviction, we further conclude that the error was harmless. Moreover, we find no error in the balance of the issues presented. Therefore, we affirm.

http://www.tba2.org/tba_files/TCCA/2006/pecka013006.pdf


Court Clerks in Gibson County

TN Attorney General Opinions

Date: 2006-01-26

Opinion Number: 06-018

http://www.tba2.org/tba_files/AG/2006/ag_06-18.pdf

Purchase of Prescription Drugs from Foreign Countries

TN Attorney General Opinions

Date: 2006-01-27

Opinion Number: 06-019

http://www.tba2.org/tba_files/AG/2006/ag_06-19.pdf

Liability of Audiology Practitioners for Payment of Business Tax and Sales and Use Tax

TN Attorney General Opinions

Date: 2006-01-27

Opinion Number: 06-020

http://www.tba2.org/tba_files/AG/2006/ag_06-20.pdf

TODAY'S NEWS

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New surveillance cameras installed in neighborhoods
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Tricities.com
Legislative News
Track legislation of interest to Tennessee attorneys
The TBA Action List tracks bills in the General Assembly that the TBA has a direct interest in. This means it has either initiated the legislation, taken a position on the bill or has a policy on the issue. The TBA Watch List is a broader list of bills of interest to the Tennessee legal community.
TBA Bill Tracking Service
TennBarU CLE Programs
Join some of the state's top estate planners for this day-long program Feb. 24 at the Tennessee Bar Center. You'll learn about recent developments in estate planning and estate administration, along with asset protection planning, uniform trust code drafting issues and more.
Find our more or register now
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Program offers savings on auto insurance
GEICO and the Tennessee Bar Association team up to offer the GEICO Preferred auto insurance program.


 
 
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