APPELLATE COURT OPINIONS

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03C01-9306-CR-00188

03C01-9306-CR-00188
Anderson County Court of Criminal Appeals 10/13/95
03C01-9412-CR-00448

03C01-9412-CR-00448

Originating Judge:Richard R. Baumgartner
Knox County Court of Criminal Appeals 10/13/95
03C01-9409-CR-00315

03C01-9409-CR-00315

Originating Judge:James E. Beckner
Hamblen County Court of Criminal Appeals 10/13/95
03C01-9501-CR-00020

03C01-9501-CR-00020

Originating Judge:William R. Holt
Sevier County Court of Criminal Appeals 10/12/95
01C01-9406-CC-00234

01C01-9406-CC-00234

Originating Judge:W. Charles Lee
Lincoln County Court of Criminal Appeals 10/12/95
01C01-9409-CR-00315

01C01-9409-CR-00315
Davidson County Court of Criminal Appeals 10/12/95
03C01-9408-CR-00294

03C01-9408-CR-00294

Originating Judge:D. Kelly Thomas, Jr.
Blount County Court of Criminal Appeals 10/12/95
Cyril v. Fraser

01C01-9502-CR-00031

Originating Judge:J. Randall Wyatt, Jr.
Davidson County Court of Criminal Appeals 10/12/95
02C01-9412-CR-00286

02C01-9412-CR-00286

Originating Judge:L. Terry Lafferty
Shelby County Court of Criminal Appeals 10/11/95
X2010-0000-XX-X00-XX

X2010-0000-XX-X00-XX

Originating Judge:Edgar P. Calhoun
Sullivan County Court of Criminal Appeals 10/11/95
03C01-9411-CR-00401

03C01-9411-CR-00401

Originating Judge:Stephen Morris Bevil
Hamilton County Court of Criminal Appeals 10/11/95
02A01-9409-CV-00201

02A01-9409-CV-00201

Originating Judge:Wyeth Chandler
Shelby County Court of Appeals 10/10/95
03C0l-9307-CR-0022l

03C0l-9307-CR-0022l
Hamilton County Court of Criminal Appeals 10/10/95
02A01-9411-CV-00260

02A01-9411-CV-00260

Originating Judge:Janice M. Holder
Shelby County Court of Appeals 10/10/95
02A01-9409-CV-00174

02A01-9409-CV-00174

Originating Judge:James E. Swearengen
Shelby County Court of Appeals 10/10/95
03C01-9311-CR-00365

03C01-9311-CR-00365

Originating Judge:Cornelia A. Clark
Greene County Court of Criminal Appeals 10/10/95
03C01-9409-CR-00316

03C01-9409-CR-00316

Originating Judge:Cornelia A. Clark
Hamblen County Court of Criminal Appeals 10/10/95
State of Tennessee v. David Edward Howington

01S01-9407-CC-00073

The district attorney general refused to honor an informal immunity agreement1 made with David Edward Howington, the defendant. The reason stated for this refusal was the prosecutor's perception that Howington had not fulfilled his part of the bargain; that is, he had not testified truthfully at his preliminary hearing. He was subsequently tried and convicted of first-degree (felony) murder; he received a life sentence.

Authoring Judge: Justice Adolpho A. Birch, Jr.
Originating Judge:Judge John A. Gasaway
Montgomery County Supreme Court 10/09/95
James R. Fruge and Jane Fruge v. John Doe and Jane Doe

02A01-9408-CV-00198

Defendants-Appellees.This appeal involves a suit seeking recovery under the uninsured motorist provision of a liability insurance policy. Plaintiffs, James R. Fruge and Jane Fruge, appeal from the order of the trial court granting summary judgment to the unnamed defendant-appellee, State Farm Insurance Company.

Authoring Judge: Judge W. Frank Crawford
Originating Judge:Judge George H. Brown
Shelby County Court of Appeals 10/05/95
The Metropolitan Government of Nashville and Davidson County, v. Nashville Park Hospitality, Inc.

01A01-9504-CH-00142

Appellant, Nashville Park Hospitality, Inc. ("Nashville Park"), is the owner of the Budget Lodge, a motel in Nashville consisting of three separate buildings identified as the 100, 200 and 300 Buildings. Ninety-six suites compose the 100 and 300 Buildings, with 92 available to the public and rented on a weekly basis. The 200 Building consists of standard motel rooms which are rented nightly. Appellee, the Metropolitan Government of Nashville and Davidson County ("Metropolitan Government"), filed suit seeking to enjoin Nashville Park from operating the Budget Lodge in violation of the Hotel, Food, Service Establishment and Public Swimming Pool Inspection Act of 1985, T.C.A. § 68-14-301 et. seq. ("Act").1 After a hearing, the trial court granted Metropolitan Government's application for a permanent injunction, enjoining Nashville Park from operating Budget Lodge in violation of the Act. The court, however, refused to entertain the issue of whether the Act applied to the suites rented weekly,2 citing Nashville Park's failure to first exhaust its administrative remedies. Nashville Park has appealed, challenging that determination by the chancellor. For reasons to be discussed, we reverse that portion of the judgment holding the trial court without jurisdiction to decide the issue prior to an exhaustion of the administrative process.

Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Robert S. Brandt
Davidson County Court of Appeals 10/04/95
Tonya Renee Jackson v. Keith George Jackson

01A01-9504-CV-00132

This case involves a dispute over child custody and division of marital property as decreed by the trial court in a divorce case.

Authoring Judge: Judge Alan E. Highers
Originating Judge:Judge Henry Denmark Bell
Williamson County Court of Appeals 10/04/95
Tennessee Department of Human Services, v. Tennessed Civil Service Commission and Frank Mahon

01A01-9504-CH-00143

This appeal arises from the chancery court's reversal of a final order of the Tennessee Civil Service Commission (the Commission). The Commission's final order reinstated Appellant, Frank Mahon, an employee who had been dismissed by the Cocke County Department of Human Services (Cocke County DHS). The chancery court reversed the Commission's final order, finding that the final order was unsupported by substantial and material evidence in the record before the Commission.

Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 10/04/95
David E. Campbell v. State of Tennessee

01C01-9209-CR-00266

The appellant, David Campbell, pled guilty in the Davidson County Criminal Court to second-degree murder in January 1988. He was sentenced to forty-two years confinement. He filed a post-conviction relief petition alleging that his original trial lawyer who represented him during the plea process was ineffective. The trial court held an evidentiary hearing and denied appellant relief. Campbell now appeals to this Court. We affirm the trial court's dismissal of the post-conviction relief petition.

Authoring Judge: Judge Paul G. Summers
Originating Judge:Judge Walter C. Kurtz
Davidson County Court of Criminal Appeals 10/04/95
Terry J. Kyte and Terry J. King, v. Tennessee Department of Safety

01A01-9504-CH-00150

Appellants, Terry J. Kyte and Terry F. King, appeal from the judgment entered by the chancery court, affirming the decision of the commissioner of the Tennessee Department of Safety (Department) to grant the Department's motion for default in a contested case proceeding concerning the seizure of Appellants' property.

Authoring Judge: Judge David R. Farmer
Originating Judge:Chancellor Irvin H. Kilcrease, Jr.
Davidson County Court of Appeals 10/04/95
Edward Rabie v. Hank Hillin, Sheriff

O1CO1-9310-CR-00341

The petitioner, Edward Rabie, appeals from the trial Court's denial of his petition for writ of habeas corpus. The single issue presented for review is whether the extradition documents were legally sufficient to authorize the governor of this state to detain and return the petitioner to Kentucky.  We affirm the judgment of the trial court.

Authoring Judge: Judge Gary R. Wade
Originating Judge:Judge Seth W. Norman
Davidson County Court of Criminal Appeals 10/04/95