June 30th, 2008 
Nathan Moore SUPREME COURT DISCRETIONARY APPEALS Grants & Denials List
Court: TSC
http://www.tba2.org/tba_files/TSC/2008/certlist_063008.pdf
MURAD M. ABDELNOUR, by next friend and wife, SANA DABIT-ABDELNOUR, and SANA DABIT-ABDELNOUR, v. THOMAS F. BAKER, IV, trustee and FIRST TENNESSEE NATIONAL BANK ASSOCIATION
Court: TCA
Attorneys:
William H. Horton, Chattanooga, Tennessee, for appellants.
James R. McKoon and John R. Hegeman, Chattanooga, Tennessee, for appellees.
Judge: FRANKS
Plaintiffs in this action asked the Court to declare a deed of trust void because the wife had been misled into signing the document. Upon trial, the Trial Court held the trust deed was valid and enforceable, but denied defendants’ request for attorney’s fees. Both parties appealed. We affirm the Trial Court’s Judgment.
http://www.tba2.org/tba_files/TCA/2008/abdelnourm_063008.pdf
BRUCE WAYNE FERGUSON v. DARRYL SHARP, ET AL.
Court: TCA
Attorneys:
C. Mark Troutman, LaFollette, Tennessee, for the appellants Darryl Sharp and Denise Sharp.
Curtis W. Isabell, Clinton, Tennessee, for the appellee, Bruce Wayne Ferguson.
Judge: SUSANO
Bruce Wayne Ferguson (?the Plaintiff?) filed this lawsuit after Darryl and Denise Sharp (?the Defendants?) installed a gate on a right-of-way over their land that the Plaintiff utilized to reach his property. The Defendants claimed the gate was necessary for their safe use and enjoyment of their land because the right-of-way area was being subjected to trespassing, vandalism, and theft. The trial court agreed with the Plaintiff that the gate was not necessary and permanently enjoined the Defendants from maintaining it on the right-of-way. The Defendants appeal the judgment of the trial court. We affirm.
http://www.tba2.org/tba_files/TCA/2008/fergusonb_063008.pdf
IN RE: J.B.
Court: TCA
Attorneys:
Robert E. Cooper, Jr., Attorney General & Reporter, Lauren S. Lamberth, Assistant Attorney General, Office of the Attorney General, General Civil Division, and Douglas Earl Dimond, Senior Counsel, Nashville, Tennessee, for the appellant, State of Tennessee, Department of Mental Health and Developmental Disabilities. Susan E. Crabtree, Deputy Law Director, Knox County Law Director?s Office, Knoxville, Tennessee, for the appellee, Knox County, Tennessee.
Ronald E. Mills, Senior City Attorney, Knoxville, Tennessee, for the appellee, City of Knoxville.
Judge: SUSANO
This case involves a dispute between Knox County and the State of Tennessee regarding which governmental entity should pay for costs associated with the mental evaluations of eleven juveniles. The trial court ordered the county to pay all costs associated with the evaluations of seven juveniles, all of whom had been charged with misdemeanors, and ordered the state to pay all costs associated with the evaluations of four juveniles, of whom three had been charged with felony-level crimes and one had been charged with a misdemeanor. These costs included the actual cost of examination and treatment. The state argues that it should only be required to pay transportation and ?incidental? costs, and only with regard to the three juveniles charged with felony equivalents. According to the state, the county is statutorily responsible for the cost of the actual examination and treatment in all cases, and for transportation and incidental costs in misdemeanor cases. The county disputes this interpretation, and also advances various arguments in support of the proposition that it should not have been ordered to pay any costs. We agree with the state?s interpretation of the statute, and reject the county?s arguments. However, with regard to the three felony cases, we conclude that the state invited the trial court?s error. Accordingly, we affirm the trial court?s judgment, except with respect to the one misdemeanor case in which the state was held responsible for all costs; in that case, we order the county to pay all costs.
http://www.tba2.org/tba_files/TCA/2008/jb_063008.pdf
FRANCIS ROY, M.D. v. THE CITY OF HARRIMAN, ET AL.
With Concurring Opinion
Court: TCA
Attorneys:
Arthur F. Knight, III, Knoxville, Tennessee, for the appellant, Francis Roy, M.D.
Harold D. Balcom, Jr., Kingston, Tennessee, for the appellee, William E. Bennett, M.D.
Judge: SUSANO
This cause of action arises out of statements made by Dr. William E. Bennett to PHP Companies, Inc. (“PHP”), a health insurance company, regarding Dr. Francis Roy. Dr. Roy alleges that, in connection with PHP’s review of Dr. Roy’s application to become an approved PHP provider, Dr. Bennett made written statements that reflected poorly on Dr. Roy’s work history and qualifications. Dr. Roy claims that these statements were false and defamatory. In response to Dr. Roy’s complaint, Dr. Bennett filed a motion for summary judgment, contending, among other things, that the document containing the allegedly defamatory statements is privileged and inadmissible under the Tennessee Peer Review Law, Tenn. Code Ann. Section 63-6-219 (2004). The court granted Dr. Bennett?s motion. We affirm.
http://www.tba2.org/tba_files/TCA/2008/royf_063008.pdf
D. MICHAEL SWINEY, J., filed a separate concurring opinion.
http://www.tba2.org/tba_files/TCA/2008/royf_con_063008.pdf
SONYA LYNN BUNCH v. STEPHEN SHAWN BUNCH
Court: TCCA
Attorneys:
Michael C. Murphy, Morristown, Tennessee for the Appellant, Stephen Shawn Bunch.
Denise Terry Stapleton, Morristown, Tennessee for the Appellee, Sonya Lynn Bunch.
Judge: SUSANO
After six years of marriage, Sonya Lynn Bunch (“Wife”) sued Stephen Shawn Bunch (“Husband”) for divorce. The Trial Court, inter alia, granted Wife a divorce, awarded Wife transitional alimony, awarded Wife attorney’s fees, and divided the parties’ marital property and debts. Husband appeals the division of marital property. We affirm.
http://www.tba2.org/tba_files/TCCA/2008/bunchs_063008.pdf
LARRY GLENN CAULEY v. STATE OF TENNESSEE
Court: TCCA
Attorneys:
James Kevin Cartwright, Clarksville, Tennessee, for the appellant, Larry Glenn Cauley.
Robert E. Cooper, Jr., Attorney General and Reporter; Lacy Wilber, Assistant Attorney General; John W. Carney, District Attorney General; and Dent Morriss, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WELLES
http://www.tba2.org/tba_files/TCCA/2008/cauleyl_063008.pdf
STATE OF TENNESSEE v. SHERRIE ANN COLLINS
Court: TCCA
Attorneys:
William B. “Jake” Lockert, III, District Public Defender; and Christopher L. Young, Assistant District Public Defender, Ashland City, Tennessee, for the Appellant, Sherrie Ann Collins.
Robert E. Cooper, Jr., Attorney General and Reporter; Clarence E. Lutz, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; and Carey Thompson, Assistant District Attorney General, for the Appellee, State of Tennessee.
Judge: HAYES
The Appellant, Sherrie Ann Collins, after being granted judicial diversion, appeals, as of right, the judgment of the Dickson County Circuit Court ordering her to pay restitution of $62,000 as a condition of her probation. The plea agreement provided that Collins would enter a “no contest conditional plea under 40-35-313 [judicial diversion]” and would receive a sentence of “three years suspended to probation.” The agreement further provided that the amount of restitution would be determined by the trial court. Following a hearing, the court found the victim’s pecuniary loss was $62,000; however, based upon Collins’ financial status and lack of ability to repay, she was ordered to pay $100 per month for the 36-month duration of the probationary period. Rather than being deferred, as required by the judicial diversion statute, a judgment of conviction was entered reflecting Collins’ conviction for Class C felony theft and a three-year Department of Correction sentence, which was noted as being suspended. Contrary to the restitution order previously entered, ordering restitution of $3,600, the judgment form ordered restitution of $62,000. Collins appeals the restitution award of $62,000 as recited in the judgment form. The State agrees that Collins was ordered to pay restitution of $3,600, not $62,000. Notwithstanding, the fact that a “non-issue” is presented, we are also confronted with the jurisdictional issue that no appeal of right, as provided by Rule 3, Tennessee Rules of Appellate Procedure, exists because Collins was granted judicial diversion, and, thus, no judgment of conviction has, or should have been, entered. Accordingly, the appeal is dismissed.
http://www.tba2.org/tba_files/TCCA/2008/collinss_063008.pdf
STATE OF TENNESSEE v. JACKIE LYNN GRAY
Court: TCCA
Attorneys:
William C. Killian, Jasper, Tennessee, for the appellant, Jackie Lynn Gray.
Robert E. Cooper, Jr., Attorney General and Reporter; Andrew Hamilton Smith, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Sherry Shelton, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: WITT
A Marion County Circuit Court jury convicted the defendant, Jackie Lynn Gray, of two counts of driving under the influence (DUI) and speeding. The trial court merged the DUI convictions and imposed an effective sentence of 11 months and 29 days to be suspended upon the service of 20 days’ incarceration. In this appeal, the defendant contends that the trial court erred by denying his motion to suppress the results of the breathalyser test and that the sentence of 20 days’ incarceration is excessive. Discerning no error, we affirm the judgments of the trial court.
http://www.tba2.org/tba_files/TCCA/2008/grayj_063008.pdf
STATE OF TENNESSEE V. DONNA MARIE IKNER
Court: TCCA
Attorneys:
J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Donna Marie Ikner.
Robert E. Cooper, Jr., Attorney General and Reporter; Rachel West Harmon, Assistant Attorney General; Randall E. Nichols, District Attorney General; and William Jeff Blevins, Assistant District Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
The appellant, Donna Marie Ikner, pled guilty in the Knox County Criminal Court to one count of aggravated burglary, three counts of burglary, one count of felony theft, one count of reckless aggravated assault, eleven counts of burglary of a vehicle, and one count of credit card fraud and, pursuant to the plea agreement, received an effective sixteen-year sentence. On appeal, the appellant contends that the trial court committed reversible error by (1) refusing to allow her to serve her effective sentence in an alternative to confinement without offering her the opportunity to withdraw her guilty pleas and (2) refusing to allow her to make a statement in her own behalf at her sentencing hearing. Based upon the record and the parties’ briefs, we conclude that the trial court was not bound by the plea agreement to order alternative sentencing but that the trial court committed reversible error by failing to warn the appellant that she would not be allowed to withdraw her pleas if the trial court did not follow the State’s recommendation that she receive alternative sentencing. We also conclude that the trial court committed reversible error by not allowing the appellant to make a statement in her own behalf. The judgments of the trial court are vacated without prejudice to further proceedings on the underlying charges, and the case is remanded.
http://www.tba2.org/tba_files/TCCA/2008/Iknerd_063008.pdf
Circuit Court Authority to Appoint CASA Volunteer
TN Attorney General Opinions
Date: 2008-06-25
Opinion Number: 08-121
http://www.tba2.org/tba_files/AG/2008/ag_08-121.pdf
Posted in 
Tags: 
