Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.
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- 02-New Opinons From TCA
- 06-New Opinons From TCCA
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JERRY CUNNINGHAM vs. BAKER DONELSON, BEARMAN, & CALDWELL, P.C. Court:TCA Attorneys: JERRY CUNNINGHAM, pro se. ARNOLD GOLDIN, Memphis, for Defendant-Appellee. Judge:Franks First Paragraph: This legal malpractice action was filed on January 29, 1997, and the Trial Court, responding to a motion to dismiss, dismissed the action as being barred by the statute of limitations. Plaintiff has appealed. URL:http://www.tba.org/tba_files/TCA/cunnghmj_opn.WP6 JEFF HUBRIG vs. LOCKHEED MARTIN ENERGY SYSTEMS, INC.; LINC HALL, Individually; LARRY PIERCE, Individually, and JIM KOLLING, Individually Court:TCA Attorneys: A. Philip Lomonaco, Knoxville, and Kathleen E. McGeechan, Kingston, for Appellant. G. Wilson Horde and Patricia L. McNutt, Oak Ridge; E. H. Rayson and John C. Burgin, Jr., Knoxville, for the Appellees. Judge:INMAN First Paragraph: The plaintiff describes himself as a whistle blower, as that term has come to be used, and seeks damages for his termination from employment because he allegedly refused to participate in and keep silent about certain allegedly illegal corporate activities. The allegations were denied by the defendants whose motion for summary judgment was granted. The plaintiff appeals and presents for review the issues of (1) whether he was terminated for time card abuse and sexual harassment or whether these reasons were pretextual, (2) whether a common law cause of action for retaliatory discharge remains viable in this jurisdiction, and (3) whether his termination constituted outrageous conduct by the defendants. Our review of the findings of fact made by the trial Court is de novo upon the record of the trial Court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. Tenn. R. App. P., Rule 13(d). See, Byrd v. Hall, 847 S.W.2d 208 (Tenn. 1993). We will refer to the plaintiff as Hubrig, or as the appellant, or as the plaintiff. This record is unusually prolix; prima facie, it appeared to reflect a trial by affidavit, an impermissible use of Rule 56, see: Womack v. Blue Cross-Blue Shield, 593 S.W.2d 294 (Tenn. 1980), but an in-depth analysis reveals that the trial court correctly held that the totality of the evidence demonstrates the absence of a genuine issue of fact or law. We therefore affirm the judgment. URL:http://www.tba.org/tba_files/TCA/hubrig_ca3.WP6 MARIO BOYD vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: THOMAS C. FILA JOHN KNOX WALKUP 200 Jefferson Ave., Ste 925 Attorney General & Reporter Memphis, TN 38103 GEORGIA BLYTHE FELNER Counsel for the State 450 James Robertson Pkwy. Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General J. ROBERT CARTER Asst. District Attorney General Criminal Justice Complex, Ste 301 201 Poplar St. Memphis, TN 38103 Judge:PEAY First Paragraph: The petitioner was charged with first-degree murder and pled guilty to second-degree murder pursuant to a negotiated plea agreement. As part of the plea bargain, he was sentenced as a Range II multiple offender to thirty-five years incarceration. Absent the plea agreement, the petitioner would have been sentenced as a Range I offender. A little over a year after his plea, the petitioner filed for post-conviction relief alleging that he had received ineffective assistance of counsel and that his plea had not been knowingly and voluntarily entered. Following an evidentiary hearing, the court below denied relief and this appeal as of right followed. We affirm the court below. URL:http://www.tba.org/tba_files/TCCA/boydma_opn.WP6 STATE OF TENNESSEE vs. MICHAEL HARLAN BYRD Court:TCCA Attorneys: For Appellant: For Appellee: John E. Herbison Charles W. Burson 2016 Eighth Ave. S. Attorney General & Reporter Nashville, TN 37204 (on appeal) Elizabeth B. Marney Assistant Attorney General Shara Flacy 450 James Robertson Parkway Public Defender Nashville, TN 37243-0493 P.O. Box 1208 Pulaski, TN 38478 Mike Bottoms (at trial) District Attorney General 252 N. Military Avenue Lawrenceburg, TN 38464 Judge:WADE First Paragraph: The defendant, Michael Harlan Byrd, entered a best interest plea of no contest to one count of attempted aggravated child abuse, a Class C felony. The trial court imposed a Range I, six-year sentence to be served on Community Corrections. On May 28, 1996, the trial court revoked the community corrections sentence and ordered the defendant to jail for failing to maintain employment and for failing to report to his community corrections officer; however, threats made by the defendant against an assistant district attorney were cited as the basis for the revocation. URL:http://www.tba.org/tba_files/TCCA/byrdmh_r&r.WP6 URL:http://www.tba.org/tba_files/TCCA/byrdmh_dis.WP6 STATE OF TENNESSEE vs. PAM DAVIS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GARY F. ANTRICAN JOHN KNOX WALKUP District Public Defender Attorney General & Reporter RICKEY W. GRIGGS GEORGIA BLYTHE FELNER Assistant Public Defender Assistant Attorney General 2nd Floor, Cordell Hull Building JEANNIE KAESS 425 Fifth Avenue North Assistant Public Defender Nashville, TN 37243 P.O. Box 700 Somerville, TN 38068 ELIZABETH T. RICE District Attorney General ED NEAL McDANIEL Asst District Attorney General 300 Industrial Drive Selmer, TN 38375 Judge:WOODALL First Paragraph: The Defendant, Pam Davis, appeals as of right from the judgment of the McNairy County Circuit Court. Defendant was convicted of issuing worthless checks following a jury trial and was sentenced to eleven (11) months, twenty-nine (29) days in the McNairy County Jail with the sentence to be suspended upon payment of the check amount within thirty (30) days. URL:http://www.tba.org/tba_files/TCCA/davisp_opn.WP6 STATE OF TENNESSEE vs. AARON BENARD GRAY Court:TCCA Attorneys: FOR THE APPELLANT: CLIFFORD K. McGOWN, JR. (On Appeal) 113 North Court Square, Ste. 204 P.O. Box 26 Waverly, TN 37185-0026 GEORGE MORTON GOOGE (At Trial and Of Counsel on Appeal) District Public Defender VANESSA D. KING (At Trial) Assistant Public Defender 227 W. Baltimore Street Jackson, TN 38301-6137 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter DOUGLAS D. HIMES Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 JAMES G. (JERRY) WOODALL District Attorney General DONALD H. ALLEN Assistant District Attorney General 225 Martin Luther King Drive P.O. Box 2825 Jackson, TN 38302-2825 Judge:RILEY First Paragraph: The defendant, Aaron Benard Gray, was convicted by a Madison County jury of aggravated robbery and aggravated assault. The trial court sentenced him to concurrent sentences of twelve (12) years as a Range I offender for aggravated robbery and ten (10) years as a Range II offender for aggravated assault. These sentences were ordered to run consecutively to a prior sentence. URL:http://www.tba.org/tba_files/TCCA/grayab_opn.WP6 STATE OF TENNESSEE vs. BRIAN KEITH HARDING Court:TCCA First Paragraph: This Court released its opinion in the above-styled case, affirming the judgment, on February 18, 1998. Subsequently, counsel for the appellant filed a timely motion to withdraw pursuant to Rule 14, Tennessee Supreme Court Rules. It appears that counsel's notice to the appellant of her intent to withdraw was sent to an incorrect address and was not received by the appellant. Moreover, through inadvertence, the Court did not enter an order acting on the motion. Subsequently, mandate was issued on April 30, 1998. URL:http://www.tba.org/tba_files/TCCA/hardingb_ord.WP6 STATE OF TENNESSEE vs. GREGORY R. MILLER Court:TCCA Attorneys: FOR THE APPELLANT: GUY T. WILKINSON District Public Defender RICHARD W. DeBERRY Assistant Public Defender 117 N. Forrest Avenue P.O. Box 663 Camden, Tennessee 38320-0663 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter CLINTON J. MORGAN Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 G. ROBERT RADFORD District Attorney General JERRY W. WALLACE Assistant District Attorney General P.O. Box 637 Parsons, TN 38363-0637 Judge:RILEY First Paragraph: The defendant, Gregory R. Miller, appeals as of right his convictions for reckless homicide and driving under the influence. He was sentenced to concurrent terms of three (3) years for reckless homicide and eleven (11) months and twenty-nine (29) days for DUI, with ten (10) days of the DUI sentence to be served in confinement. URL:http://www.tba.org/tba_files/TCCA/millergr_opn.WP6 STATE OF TENNESSEE vs. DAVID L. OWENS Court:TCCA Attorneys: FOR THE APPELLANT: A.C. WHARTON (of counsel) Shelby County Public Defender WALKER GWINN (appeal only) Assistant Public Defender 201 Poplar Ave., Suite 201 Memphis, TN 38103-1947 J.T. HARRIS (trial only) 22 North Second St., Suite 410 Memphis, TN 38103 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter JANIS L. TURNER Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General DAVID S. HENRY Assistant District Attorney General 201 Poplar Ave., Suite 301 Memphis, TN 38103-1947 Judge:RILEY First Paragraph: The defendant, David L. Owens, appeals as of right a jury conviction of one (1) count of simple robbery. He was sentenced as a Range II, Multiple Offender, to nine (9) years. The defendant contends that the evidence adduced at trial was not sufficient to sustain a conviction for robbery, and that he was prejudiced by a statement of the prosecutor during closing argument. After a review of the record, we find the judgment of the trial court should be AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/owensdl_opn.WP6 STATE OF TENNESSEE vs. GAYLEN AUBREA SCOTT Court:TCCA Judge:RILEY First Paragraph: The defendant, Gaylen Aubrea Scott, was convicted by a jury of three (3) counts of driving without a valid driver's license and two (2) counts of violating the vehicle registration law. He was sentenced to thirty (30) days for each of the driver's license violations. One (1) of the convictions was ordered to be served consecutively for an effective sentence of sixty (60) days. The sentences were suspended, and the defendant was placed on unsupervised probation. No sentence was imposed for the registration law violations. URL:http://www.tba.org/tba_files/TCCA/scottga_opn.WP6
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