APPELLATE COURT OPINIONS

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03C01-9406-CR-00211

03C01-9406-CR-00211

Originating Judge:Ray L. Jenkins
Knox County Court of Criminal Appeals 11/21/95
01C01-9906-CC-00207

01C01-9906-CC-00207
Court of Criminal Appeals 11/20/95
03A01-9505-CV-00151

03A01-9505-CV-00151
Hamilton County Court of Appeals 11/20/95
03S01-9502-CV-00016

03S01-9502-CV-00016
Supreme Court 11/20/95
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX

Originating Judge:Mayo L. Mashburn
Monroe County Court of Criminal Appeals 11/20/95
01A01-9505-CV-00210

01A01-9505-CV-00210

Originating Judge:Walter C. Kurtz
Davidson County Court of Appeals 11/17/95
Edwin H. Bush and William G. Gibson, Co-Administrators of the Estate of Lonnie Mae Lane, Deceased, v. Tony Wesley Carrick

01A01-9507-CH-00288

The nature of this suit is stated in the complaint as follows: The purpose of this action is to set aside for the benefit of the estate of the said Lonnie Mae Lane the conveyances of the land
hereinafter described, which rendered the said Harvey Wesley Carrick and his estate insolvent and which were fraudulent as to creditors of Harvey Wesley Carrick and his estate.

Authoring Judge: Presiding Judge Henry F. Todd
Originating Judge:Chancellor Tyrus H. Cobb
Bedford County Court of Appeals 11/17/95
Gail Farley Dyer v. Terry R. Farley - Concurring

01-A-01-9506-CH-00229

The defendant Terry R. Farley, has appealed from the final judgment of the Trial Court in a controversy regarding his dealings with his deceased father, Benton James Farley.

Authoring Judge: Judge Henry F. Todd
Originating Judge:Chancellor Vernon Neal
DeKalb County Court of Appeals 11/17/95
Earl L. Fox v. Tennessee Board of Paroles

01A01-9506-CH-00263

This appeal involves the denial of parole to an inmate serving a twenty-year sentence for aggravated rape. The inmate filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County challenging the Tennessee Board of Parole’s decision. The trial court granted the board’s motion to dismiss. We affirm the dismissal because the inmate’s petition fails to state a claim upon which relief can be granted. A common-law writ of certiorari cannot be used to review the intrinsic correctness of the parole board’s decision.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 11/17/95
01C01-9411-CC-00388

01C01-9411-CC-00388

Originating Judge:Thomas A. Greer, Jr.
Franklin County Court of Criminal Appeals 11/16/95
01C01-9309-CC-00292

01C01-9309-CC-00292

Originating Judge:Donald P. Harris
Williamson County Court of Criminal Appeals 11/16/95
01C01-9503-CC-00097

01C01-9503-CC-00097
Rutherford County Court of Criminal Appeals 11/16/95
01C01-9411-CC-00377

01C01-9411-CC-00377

Originating Judge:Gerald L. Ewell, Sr.
Coffee County Court of Criminal Appeals 11/16/95
03C01-9502-CR-00046

03C01-9502-CR-00046

Originating Judge:R. Steven Bebb
Bradley County Court of Criminal Appeals 11/16/95
01C01-9503-CC-00056

01C01-9503-CC-00056
Putnam County Court of Criminal Appeals 11/16/95
03C01-9212-CR-00438

03C01-9212-CR-00438

Originating Judge:Arden L. Hill
Washington County Court of Criminal Appeals 11/15/95
In the Matter of: Estate of Jim Eden (Deceased), Georgia Bradley, v. Betty Lewis, Agnes Hendsley, and Bertie Carver, Executors

01A01-9501-CH-00005

This appeal arises from a dispute over a will in which a 93-year-old man left his estate to three of his four surviving daughters. The daughter who was not named in her father’s will challenged the validity of the will after her sisters propounded it for probate in the Chancery Court for Trousdale County. The chancery court transferred the case to the Circuit Court for Trousdale County where a jury found in favor of the will. The daughter who contested the will has appealed. We have determined that no reversible error was committed in the circuit court proceeding and, therefore, affirm the circuit court’s judgment and remand the case to the chancery court for further probate proceedings.

Authoring Judge: Judge William C. Koch, Jr.
Originating Judge:Judge Bobby H. Capers
Trousdale County Court of Appeals 11/15/95
02C01-9503-CC-00094

02C01-9503-CC-00094

Originating Judge:John Franklin Murchison
Court of Criminal Appeals 11/15/95
Donna Faye Glover England, v. Richard Piercey

01A01-9507-CH-00320

This is a grandparent's visitation case. Plaintiff, Donna Faye Glover England, is the maternal grandmother of Skylar Piercey, age four. Skylar's natural mother died in December of 1993. Skylar's natural father, Richard Piercey, now refuses to allow England to see Skylar. England filed a petition for grandparent visitation. The trial court dismissed the case based upon the Tennessee Supreme Court decision of Hawk v. Hawk, 855 S.W. 2d 573 (Tenn. 1993), reasoning that Hawk allows Piercey as the natural father, to deny England the right to see Skylar in the absence of a showing of substantial harm to the child. We affirm the decision of the trial court.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Chancellor C. K. Smith
Court of Appeals 11/15/95
02C01-9503-CC-00060

02C01-9503-CC-00060

Originating Judge:C. Creed Mcginley
Court of Criminal Appeals 11/15/95
Katherine Montgomery Price v. Thomas Bradley Price - Concurring

01-A-01-9505-GS-00208

The sole issue presented by the appellant is: "Did the trial court err by awarding custody of the appellant's minor child to a third party?"

Authoring Judge: Judge Samuel L. Lewis
Originating Judge:Judge Robert P. Hamilton
Wilson County Court of Appeals 11/15/95
02C01-9307-CR-0014

02C01-9307-CR-0014

Originating Judge:Joseph B. Mccartie
Shelby County Court of Criminal Appeals 11/15/95
01C01-9402-CR-00068

01C01-9402-CR-00068

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 11/15/95
01C0l-9406-CC-00203

01C0l-9406-CC-00203
Davidson County Court of Criminal Appeals 11/15/95
02C01-9403-CR-00055

02C01-9403-CR-00055

Originating Judge:Arthur T. Bennett
Shelby County Court of Criminal Appeals 11/15/95