APPELLATE COURT OPINIONS

Bain vs. City of Murfreesboro

01A01-9611-CV-00510

Originating Judge:Robert E. Corlew, III
Rutherford County Court of Appeals 06/11/97
State vs. William Johnson

02C01-9605-CR-00136

Originating Judge:Carolyn Wade Blackett
Shelby County Court of Criminal Appeals 06/10/97
State vs. Johnny Perry

02C01-9605-CR-00160

Originating Judge:L. Terry Lafferty
Shelby County Court of Criminal Appeals 06/10/97
State vs. Jimmy Robinson

02C01-9603-CC-00079
Lake County Court of Criminal Appeals 06/10/97
03C01-9603-CC-00099

03C01-9603-CC-00099

Originating Judge:R. Jerry Beck
Sullivan County Court of Criminal Appeals 06/10/97
Than Those Articulated By The Majority. The Majority Relies Upon State v. Marshall,

03C01-9602-CC-00066

Originating Judge:R. Steven Bebb
McMinn County Court of Appeals 06/10/97
Than Those Articulated By The Majority. The Majority Relies Upon State v. Marshall,

03C01-9602-CC-00066

Originating Judge:R. Steven Bebb
McMinn County Court of Criminal Appeals 06/10/97
03C01-9602-CC-00066

03C01-9602-CC-00066

Originating Judge:R. Steven Bebb
McMinn County Court of Criminal Appeals 06/10/97
State of Tennessee v. David Paul Martin

03S01-9604-CR-00040

We granted review in this case to determine whether a court-ordered mental evaluation violated the defendant’s right against self-incrimination and the right to counsel under the United States and Tennessee Constitutions.

Authoring Judge: Justice E. Riley Anderson
Originating Judge:Judge Richard Baumgardner
Supreme Court 06/09/97
Pacific Properties, v. Home Federal Bank of Tennessee, v. Michael S. Stalcup

03A01-9701-CV-00020

This action for conversion was submitted to a jury which returned a general verdict for the plaintiff, thereby implicitly finding that the fact-driven principal defense of the Statute of Limitations was not well-taken. Home Federal appeals and presents for review issues which, as paraphrased, question the propriety of the submission of the case to the jury, whether the defense of Statute of Limitations was well-taken, as a matter of law, whether requested jury instructions should have been given and whether the drawer of a check adequately instructed the drawee Bank as to its disposition. Pacific Properties

Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge William R. Holt, Jr.
Court of Appeals 06/09/97
State vs. Freddie Mans

02C01-9605-CR-00147

Originating Judge:W. Fred Axley
Shelby County Court of Criminal Appeals 06/09/97
Glenda Whisenhunt vs. Gordon Whisenhunt

02A01-9506-CV-00126

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 06/09/97
State vs. James Harvest

02C01-9506-CC-00167

Originating Judge:Jon Kerry Blackwood
Hardeman County Court of Criminal Appeals 06/09/97
David Dunnehew vs. Donna Dunnehew

02A01-9604-CH-00079
Court of Appeals 06/09/97
Barry Wells vs. Ron Rickard

02C01-9610-CV-00358

Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 06/09/97
Barry Wells vs. Ron Rickard

02C01-9610-CV-00358

Originating Judge:Joseph H. Walker, III
Lauderdale County Court of Criminal Appeals 06/09/97
State vs. James Harvest

02C01-9506-CC-00167

Originating Judge:Jon Kerry Blackwood
Hardeman County Court of Criminal Appeals 06/09/97
Thelma W. Kelley, v. John E. Vance and Betty L. Vance, and Allstate Insurance Company

03A01-9701-CV-00031

In this action, plaintiff seeks uninsured motorist coverage from her insurance company, and the Trial Court, responding to motion for summary judgment, granted judgment to defendant Allstate Insurance Company (Allstate). Plaintiff has appealed.

 

Authoring Judge: Justice Herschel Pickens Franks
Originating Judge:Judge Ben W. Hooper, II
Sevier County Court of Appeals 06/09/97
First Tennessee Bank, National Association, v. Jessi O. Quillian

03A01-9701-CH-00014

This case originated as an action to collect monies due under the terms of a promissory note executed by the defendant to the plaintiff First Tennessee Bank, National Association. An answer was filed by the defendant admitting the execution of the note and that there was an outstanding balance thereon. He also filed a counterclaim in which he sought a setoff and damages for forged checks drawn on his account and paid by the bank. The trial court on motion of the plaintiff, entered a summary judgment against the defendant on the original complaint and dismissed the counterclaim. A judgment in the amount of $34,399.24 was entered against the defendant. This appeal resulted. We affirm the judgment of the trial court.

Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor R. Vann Owens
Hamilton County Court of Appeals 06/06/97
Anthony W. Nance and Brandon Nance v. Christopher H. Strunk

03A01-9701-CV-00037

In this action arisitn grom a motor vehicle accident, the defendants were granted summary judgment and plaintiffs have appealed.

Authoring Judge: Justice Herschel P. Franks
Originating Judge:Judge Conrad E. Troutman, Jr.
Campbell County Court of Appeals 06/06/97
Crystal M. Trueitt v. Alan A. McCurry and Carmen Y. Silvels, v. Alan A. McCurry

03A01-9612-CV-00399

Crystal M. Trueitt and Carmen Y. Silvels, individually and as mother and next friend of Christopher M. Silvels, a minor,2 appeal jugements rendered in heir favor in the Circuit Court for Hamilton County in the amount of $1,033.36, $1,004.60, and $98.50, respectively.

 

Authoring Judge: Presiding Judge Houston P. Goddard
Originating Judge:Judge Samuel H. Payne
Hamilton County Court of Appeals 06/06/97
Corbin Dale Meador, v. Linda J. Meador

03A01-9612-CV-00405

The controversy presently on appeal attacks a judgment entered in a post-divorce petition for contempt, wherein Linda J. Meador seeks to recover property she contends was awarded he i the divorce decree and to find her fomer husband, Corbin Dale Meador in contempt of court for refusing to deliver the property to her.

 

Authoring Judge: Judge Robert M. Summitt
Originating Judge:Presiding Judge Houston P. Goddard
Hamilton County Court of Appeals 06/06/97
Keith Hardware, Inc. v. Douglas L. White and Carolyn L. White - Concurring

03A01-9610-CH-00339

The issue on this interlocutory appeal granted pursuant to T. R. A. P. Rule 9, is whether the lease between the parties is too broad to be enforceable, as was held by the Trial Court.

Authoring Judge: Judge Herschel P. Franks
Originating Judge:Chancellor Lewis W. May
Washington County Court of Appeals 06/06/97
Casey Lynn Burgess, v. Brenda Lea (Burgess) Welch

03A01-9703-PB-00077

By this appeal Casey Lynn Burgess insists that the Trial Court was in error in dismissing his petition for change of custody of his two children, custody of whom by the divorce decree was awarded to Ms. Welch.

Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge John A. Bean
Cumberland County Court of Appeals 06/06/97
Gladstone Ralph Hobbs v. Mollie Jane Hobbs - Concurring

03A01-9702-CV-00063

This is a divorce action. The defendant (wife) assertson this appeal, among other things, that the trial court abused its discretion in denying a continuance of the trial. The record reflects that there was a great deal of confusion as to the way and manner the case was set for trial because of the resignation of the former Circuit Judge. The wife's counsel claims to have had no notice of the trial date until the day the case was set for trial. On that date, he applied to the court for a continuance. The court continued the case until the following morning at 7:00 a.m. Prior to the trial, the court allowed the wife's attorney to make a motion for a continuance on the record, with a written motion, to be filed as exhibit No.1. Counsel's affidavit supporting the motion for a continuance was allowed to be filed as exhibit 2.

Authoring Judge: Judge Don T. McMurray
Originating Judge:Judge Chester Mahood
Greene County Court of Appeals 06/06/97