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TBALink Opinion-Flash
November 13, 1996 -- Volume #2 -- Number #101
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 TSC
- 00-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 11-New Opinons From TCA
- 11-New Opinons From TCCA
- 02-New Opinons From TSC
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STATE OF TENNESSEE v. OVID C. ABRAMS Court:TSC For Appellant: For Appellee: RON E. HARMON CHARLES W. BURSON Savannah, TN Attorney General and Reporter MICHAEL E. MOORE Solicitor General GORDON W. SMITH Associate Solicitor General Nashville, TN JOHN W. OVERTON, JR. Assistant District Attorney Savannah, TN Judge: BIRCH First Paragraph: Ovid C. Abrams, the defendant, appeals the judgment of the Court of Criminal Appeals affirming his first-degree murder conviction. The State did not seek the death penalty, and Abrams received a sentence of life imprisonment. In his appeal, Abrams contends that the evidence adduced against him was insufficient to establish the elements of premeditation and deliberation necessary to sustain a conviction of first-degree murder. We affirm. URL:http://www.tba.org/tba_files/TSC/ABRAMSO.OPN.WP6
STATE OF TENNESSEE, v. JACKIE HAROLD MESSAMORE,
_________________________________________________________________
STATE OF TENNESSEE, v. BILLY GENE POWELL,
Court:TSC
FOR PLAINTIFFS/APPELLANTS: FOR DEFENDANTS/APPELLEES:
Charles W. Burson John E. Herbison
Attorney General & Reporter Attorney for Appellee Messamore
Nashville, Tennessee Nashville, Tennessee
Gordon W. Smith Barton F. Robison
Associate Solicitor General Attorney for Appellee Powell
Nashville, Tennessee Paris, Tennessee
Alfred C. Schmutzer, Jr.
District Attorney General
Sevierville, Tennessee
James Gass
Assistant Attorney General
Sevierville, Tennessee
Robert Radford
District Attorney General
Huntingdon, Tennessee
Judge: DROWOTA
First Paragraph:
This consolidated appeal presents a single issue for our
determination: is an indictment issued beyond the statutory
limitations period subject to dismissal if it fails to allege that the
prosecution was timely commenced within the applicable limitations
period by another method. For the reasons that follow, we hold that
such indictments are not subject to dismissal. Accordingly, the
judgments of the Court of Criminal Appeals dismissing the indictments
are reversed and the judgments of the respective trial courts are
reinstated.
URL:http://www.tba.org/tba_files/TSC/MESSPOWL.OPN.WP6
SHERRI LYNN MILAM FORD, v. PAUL EDWARD FORD, JR
Court:TCA
D. SCOTT PARSLEY
217 Second Avenue
Nashville, TN 37201
ATTORNEY FOR PLAINTIFF/APPELLANT,
RONALD D. BUCHANAN
103 Hazel Path Court
Hendersonville, TN 37075
ATTORNEY FOR DEFENDANT/APPELLEE
Judge: HENRY F. TODD
First Paragraph:
The captioned defendant has appealed from the disposition of his post
divorce petition to enforce a divorce decree entered on July 24, 1987.
The divorce decree approved a property settlement agreement placing
the two children of the parties with the plaintiff-wife and requiring
the defendant to pay $100 per week child support and provide medical
insurance and services for the children.
URL:http://www.tba.org/tba_files/TCA/FORDSHER.OPN.WP6
GENERAL MOTORS CORPORATION
v.
DUDLEY W. TAYLOR, COMMISSIONER OF REVENUE FOR THE STATE OF TENNESSEE
Court:TCA
For the Plaintiff/Appellee: For the Defendant/Appellant:
Charles W. Burson Frank N. Stockdale Carney
Joe C. Peel Katharine A. Jungkind
Nashville, Tennessee Michael R. Marshall
Memphis, Tennessee
Judge: HOLLY KIRBY LILLARD
First Paragraph:
This case is appealed to this Court after being remanded to the trial
court by the Tennessee Supreme Court in General Motors Corp. v.
Taylor, 811 S.W.2d 897 (Tenn. 1991) (hereinafter "General Motors I").
Plaintiff/Appellee General Motors Corporation ("General Motors") filed
the lawsuit seeking a refund of corporate excise taxes. In this
appeal, the Defendant/Appellant Commissioner of Revenue
("Commissioner") contends that General Motors does not have standing
and has not met the procedural prerequisites to its claim for a
refund. The trial court found that General Motors fulfilled the
procedural requirements and that General Motors was entitled to the
refund it sought. We affirm.
URL:http://www.tba.org/tba_files/TCA/GM.OPN.WP6
HISTORIC DANDRIDGE LIMITED PARTNERSHIP, FIVE RIVERS LAND COMPANY,
General Partner, and ROGER CAMERON and wife, ELIZABETH CAMERON
v.
MERRILL L. GASS and UNKNOWN CONTRACTOR
Court:TCA
STANLEY F. RODEN, WITH TESTERMAN, WARREN & RODEN, OF KNOXVILLE,
TENNESSEE, FOR APPELLANTS
R. LOY WALDROP, JR., WITH LEWIS, KING, KRIEG, WALDROP & CATRON, OF
KNOXVILLE, TENNESSEE, FOR APPELLEE JEAN GASS, ADMINISTRATRIX OF THE
ESTATE OF MERRILL GASS, DECEASED
Judge: Sanders
First Paragraph:
The real parties in interest in this litigation are Plaintiffs Roger
Cameron and Elizabeth Cameron and Defendant-Appellee Merrill Gass, who
will be referred to in this opinion as the Plaintiffs and Defendant.
URL:http://www.tba.org/tba_files/TCA/HISTODAN.OPN.WP6
CECIL KING v. WILLIAM G. DUNLAP, ET AL
Court:TCA
JOHN D. SCHWALB, WITH BREWER KRAUSE BROOKS & MILLS, OF NASHVILLE,
TENNESSEE, FOR APPELLANT MID-CENTURY FIRE INSURANCE COMPANY
CHARLES E. RADER, OF KNOXVILLE, TENNESSEE, FOR APPELLEE
Judge: Sanders
First Paragraph:
Defendant Mid-Century Fire Insurance Company has appealed from a
chancery decree awarding the Plaintiff, Cecil King, recovery of most
of the proceeds of a fire insurance policy issued to William G. Dunlap
and wife, Joyce A. Dunlap, the owners of a residence destroyed by fire
which Dunlaps had contracted to deed to King upon King's paying the
purchase price of the residence. We affirm.
URL:http://www.tba.org/tba_files/TCA/KINGC.OPN.WP6
STATE OF TENNESSEE, DEPARTMENT OF HUMAN SERVICES
v.
CARLA ANN RIGGS LEWIS MITCHELL
Court:TCA
WILLIAM ALLEN OF OAK RIDGE FOR APPELLANT
CHARLES W. BURSON, Attorney General & Reporter, and LORRAINE
LESTER-THOMPSON, Assistant Attorney General, OF NASHVILLE FOR APPELLEE
Judge: Goddard
First Paragraph:
This is a proceeding to terminate the parental rights of Carla
Mitchell and Gordon Terry Cheek as to their daughter, Jennifer Elaine
Cheek, born August 7, 1983. Mr. Cheek was served by publication, did
not answer, and an order was entered terminating his parental rights.
Ms. Mitchell contested the case, and after a plenary hearing, her
parental rights were likewise terminated.
URL:http://www.tba.org/tba_files/TCA/MITCHELC.OPN.WP6
LUANNE F. OVERTON, M.A., Plaintiff, and PHILLIP GUINSBERG, Ph.D.,
v.
THE BOARD OF EXAMINERS IN PSYCHOLOGY OF THE STATE OF TENNESSEE,
Court:TCA
CHARLES W. BURSON
Attorney General and Reporter
SUE A. SHELDON
Assistant Attorney General
1510 Parkway Towers
404 James Robertson Parkway
Nashville, Tennessee 37243
ATTORNEY FOR PLAINTIFF/APPELLEE
WILLIAM A. CRAGG
200 Fourth Avenue No.
3rd Floor, Noel Place
Nashville, Tennessee 37219
FOR DEFENDANT/APPELLANT
Judge: HENRY F. TODD
First Paragraph:
The appeal involves judicial review under the Administrative Procedure
Act of the action of the Board of Examiners in Psychology in ordering
discipline of Phillip Guinsberg, a licensed Psychologist. The other
captioned plaintiff is not an interested party to this appeal. The
Trial Court affirmed the action of the Board, and Philip Guinsberg
appealed to this Court.
URL:http://www.tba.org/tba_files/TCA/OVERTONL.OPN.WP6
JAMES D. SANDERS, v. TENNESSEE BOARD OF PAROLE, et al,
Court:TCA
JAMES D. SANDERS, Pro Se
L.C.R.C.F.
Rt. 1, Box 330
Tiptonville, Tennessee 38079
CHARLES W. BURSON
Attorney General and Reporter
BRENDA RHOTON LITTLE
Counsel to the State
Civil Rights and Claims Division
404 James Robertson Parkway
Suite 2000
Nashville, Tennessee 37243-0488
ATTORNEYS FOR RESPONDENTS/APPELLEES
Judge: SAMUEL L. LEWIS
First Paragraph:
This is an appeal by petitioner/appellant, James D. Sanders, from the
chancery court's dismissal of his petition for writ of certiorari.
The petition challenged the decision of respondent/ appellee, the
Tennessee Board of Paroles ("Board"), to revoke petitioner's parole.
The facts out of which this matter arose are as follows.
URL:http://www.tba.org/tba_files/TCA/SANDERSJ.OPN.WP6
J. M. TUCKER, ARCHIE RICHARDSON, CURTIS OWENS, PRESTON W. CARROLL, and
C. N. WHICKER,
v.
HUMPHREYS COUNTY, TENNESSEE, and HUMPHREYS COUNTY BOARD OF
COMMISSIONERS,
Court:TCA
Frank M. Fly
P.O. Box 398
Murfreesboro, Tennessee 37133
Barry Turner
Deputy Attorney General
Environmental Division
450 James Robertson Parkway
Nashville, Tennessee 37243
ATTORNEYS FOR PLAINTIFFS/APPELLEES
Keith McCord
McCord, Troutman & Irwin, P.C.
1300 First Tennessee Plaza
P.O. Box 2046
Knoxville, Tennessee 37901
Clifford K. McGown, Jr.
113 North Court Square
Waverly, Tennessee 37285
ATTORNEYS FOR PLAINTIFFS/APPELLANTS
Judge: HENRY F. TODD
First Paragraph:
The complexity of this suit and this appeal is demonstrated by the
issues presented on appeal by plaintiffs, which issues are: I.
Whether the Trial Court erred as a matter of law in holding that
defendant, Humphreys County, had the authority in May of 1993 to
approve or disapprove Plaintiffs' landfill under T.C.A.SS
68-211-701 through 708 ("Local Approval Law"). II. Whether the
action of the Humphreys County Board of Commissioners in voting
to disapprove plaintiffs' landfill at a public hearing called
at the request of "interested persons" pursuant to T.C.A. S
68-211-703(e) is null and void and violated T.C.A. S
68-211-704(a) and T.C.A. S 5-5-105 as a matter of law. III.
Whether the failure of the Humphreys County Board of Commissioners
to approve or disapprove Plaintiffs' proposed landfill as
required by T.C.A. S 68-211-704(a) constituted approval of the
landfill as a matter of law, thereby entitling the plaintiffs
to proceed with the permitting of the landfill with the
Tennessee Department of Environment and Conservation.
IV. Whether the Trial Court erred as a matter of law in holding,
at the insistence of the defendant, that the scope of judicial
review under T.C.A. S 68-211-704 (c) was by common law writ of
certiorari (T.C.A. S 27- 8-101) rather than a de novo trial on all
issues in the chancery court. V. Whether the Trial Court erred
in denying plaintiffs' motion in limine to exclude or limit
and restrict the admissibility and use at trial as evidence
certain statements and documents which appear in the transcript of
the public hearing, in re: Landfill Proposal, conducted on May 11,
1993, and thereafter allowed such statements and documents to
be introduced as evidence over objections of plaintiffs. VI.
Whether the Trial Court erred as a matter of law in holding that
the Humphreys County Board of Commissioners had the
discretionary authority to approve or disapprove plaintiffs'
landfill under the local approval law. VII. Whether the Trial
Court erred as a matter of law in holding that the defendant,
Humphreys County Board of Commissioners, did not act arbitrarily,
capriciously, illegally or unreasonably in refusing to approve
plaintiffs' proposed landfill under the local approval law. VIII.
Whether the Trial Court erred as a matter of law in failing to
find that the plaintiffs were entitled to approval of their
landfill under the local approval law based upon the
preponderance of the undisputed, admissible, material and
relevant evidence and if so, whether the plaintiffs are
entitled to a judgment in this court holding that the defendant was
required to approve plaintiffs' landfill under the local approval law.
IX. Whether the Trial Court erred in dismissing plaintiffs'
claims challenging the constitutionality of the local approval law
and T.C.A. S 68-211-105(h) on the grounds that the chancery court
lacked subject matter jurisdiction. X. Whether the local approval
law (T.C.A. SS 68- 211-701, et seq.) and T.C.A. S 68-211-105(h)
are unconstitutional.
URL:http://www.tba.org/tba_files/TCA/TUCKERJM.OPN.WP6
WILLIAM PATRICK VARLEY, JR. ,v. PAMELA DAWN VARLEY,
Court:TCA
Robert Todd Jackson, Nashville, Tennessee
Robert L. Jackson, Nashville, Tennessee
Attorneys for Defendant/Appellant.
Mary Arline Evans, Nashville, Tennessee
Attorney for Plaitniff/Appellee.
Judge: FARMER
First Paragraph:
This is a divorce action wherein the appellant, Pamela Dawn Varley
(Wife), appeals from the final decree which awarded a divorce and sole
custody of the parties' three minor children to Appellee, William
Patrick Varley, Jr. (Husband). The children are Bridget Marie, born
December 14, 1988, William Patrick Varley, III, born January 23, 1991
and Sadie Ellen Varley, whose date of birth is June 30, 1992. The
decree also fails to award Wife alimony.
URL:http://www.tba.org/tba_files/TCA/VARLEY.OPN.WP6
JUNE ZOE WILKINSON, v. GRANT ROBERT WILKINSON, ) No. 93D-440
Court:TCA
DANIEL D. WARLICK
Warlick & Todd
611 Commerce Street
Suite 2802, The Tower
Nashville, Tennessee 37203
ATTORNEY FOR PLAINTIFF/APPELLANT
JOHN J. HOLLINS
Hollins, Wagster & Yarbrough
Suite 2210, SunTrust Center
424 Church Street
Nashville, Tennessee 37219
ATTORNEY FOR DEFENDANT/APPELLEE
Judge: SAMUEL L. LEWIS
First Paragraph:
This is an appeal by plaintiff/appellant, June Zoe Wilkinson ("Wife"),
from a final decree of divorce. Wife contends that the trial court
erred in awarding the divorce to defendant/appellee, Grant Robert
Wilkinson ("Husband"), deviating from the Child Support Guidelines,
determining the amount and duration of alimony in futuro, and holding
Wife in contempt.
URL:http://www.tba.org/tba_files/TCA/WILKINJZ.OPN.WP6
THE WILSON COUNTY SCHOOL SYSTEM,
v.
CREAD CLIFTON and wife, TAMELA CLIFTON as next of kin for their minor
son, WILLIAM (KYLE) CLIFTON
Court:TCA
MICHAEL R. JENNINGS #6628
326 N. Cumberland Street
Lebanon, Tennessee 37087
PLAINTIFFS/APPELLANTS
GARY D. BUCHANAN #6780
Tennessee Protection & Advocacy, Inc.
Post Office Box 121257
2416 21st Avenue South
Nashville, Tennessee 37212
ATTORNEY FOR PLAINTIFFS/APPELLEES
Judge: HENRY F. TODD
First Paragraph:
This is a suit for judicial review of an administrative decision of
the Tennessee Department of Education requiring the Wilson County
School System to pay for private instruction of a handicapped child.
However, the Department of Education was not named as a defendant and
has taken no part in the proceedings.
URL:http://www.tba.org/tba_files/TCA/WILSONCT.OPN.WP6
RONNIE BARBER, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
TIMOTHY C. NAIFEH CHARLES W. BURSON
110 S. Court Street Attorney General and Reporter
Tiptonville, TN 38079
SARAH M. BRANCH
450 James Robertson Parkway
Nashville, TN 37243
PHILLIP BIVENS
District Attorney General
JAMES E. LANIER
Assistant District Attorney
Dyer County Courthouse
Dyersburg, TN 38024
Judge: JERRY L. SMITH
First Paragraph:
Appellant Ronnie Dale Barber appeals the judgment of the Dyer County
Circuit Court denying his petition for post-conviction relief. On
September 12, 1986, a jury found Appellant guilty of second degree
burglary, robbery by use of a deadly weapon, and first degree murder
during the perpetration of a larceny. As a Range I standard offender,
Appellant received consecutive sentences of eight years for the
burglary conviction, twenty years for the robbery conviction, and life
imprisonment for the murder conviction. On January 6, 1988, this
Court affirmed the convictions and the sentences of the trial court.
On February 24, 1989, Appellant filed a petition for post-conviction
relief in the Dyer County Circuit Court. Following an evidentiary
hearing, the trial court denied the petition. In this appeal of that
decision, Appellant alleges that his trial counsel provided
constitutionally ineffective assistance. In support of this
allegation, Appellant argues that his trial counsel (1) failed to call
certain defense witnesses, (2) improperly moved for a change of venue
and employed delaying tactics, (3) failed to request that the trial
judge recuse himself, and (4) failed to raise certain meritorious
issues on direct appeal.
URL:http://www.tba.org/tba_files/TCCA/BARBERR.OPN.WP6
STATE OF TENNESSEE,
v.
PAMELA F. BOSTON, Alias, PAMELA CROWDER, Alias, VALERIE KITCHENS,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
J. Estes Cocke Charles W. Burson
Attorney at Law Attorney General & Reporter
4159 Ringgold Road, Suite 106 500 Charlotte Avenue
East Ridge, TN 37412 Nashville, TN 37243-0497
Elizabeth T. Ryan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Gary D. Gerbitz
District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
Bates W. Bryan, Jr.
Asst District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
Judge: Joe B. Jones
First Paragraph:
The appellant, Pamela F. Boston, alias, Pamela Crowder, alias Valerie
Kitchens, was convicted of theft under $500, a Class A misdemeanor, by
a jury of her peers. The trial court sentenced the appellant to pay a
fine of $500 and serve eleven months and twenty-nine days in the
Hamilton County Workhouse. In this Court, the appellant contends the
evidence is insufficient to support her conviction, and the trial
court committed error of prejudicial dimensions by permitting the
State of Tennessee to peremptorily challenge the only African American
female on the jury panel. After a thorough review of the record, the
briefs submitted by the parties, and the law governing the issues
presented for review, it is the opinion of this Court that the
judgment of the trial court should be affirmed.
URL:http://www.tba.org/tba_files/TCCA/BOSTON.OPN.WP6
STATE OF TENNESSEE, v. TERESA DEION SMITH HARRIS,
w/DISSENTING OPINION
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Steven L. West Charles W. Burson
West & West Attorney General and Reporter
P.O. Box 400 450 James Robertson Parkway
McKenzie, TN 38201 Nashville, TN 37243-0493
Shipp R. Weems Christina S. Shevalier
District Public Defender Assistant Attorney General
P.O. Box 160 450 James Robertson Parkway
Charlotte, TN 37036 Nashville, TN 37243-0493
Robert Gus Radford
District Attorney General
24th Judicial District
P.O. Box 686
Huntingdon, TN 38344
Eleanor Cahill
Assistant District Attorney
Judge: William M. Barker
First Paragraph:
Appellant, Teresa Deion Smith Harris, appeals as of right from her
conviction for first degree felony murder. She was sentenced to life
imprisonment without the possibility of parole by a Henry County jury,
after a change of venue from Carroll County. Appellant raises
thirteen issues in her brief. She argues that: (1) the indictment was
improper because it failed to charge the appellant with criminal
responsibility where the judge instructed the jury on this accomplice
liability; (2) since the jury was instructed on the law regarding
criminal responsibility, criminal facilitation should have been
charged as a lesser included offense; (3) the admission of post-death
facts was error and denied the appellant a fair trial; (4) the
trial court improperly sentenced appellant to life without parole for
three reasons: (a) the failure of the jury to completely fill in
the verdict form with all the elements of the first aggravating
factor; (b) the second aggravating factor found by the jury subjects
appellant to double jeopardy because it is inherent in the
offense; and (c) the trial court failed to send the jury back to
deliberate further upon their announced erroneous findings;
(5) the trial court conducted voir dire in a manner inconsistent with
Rule 24 of the Rules of Criminal Procedure; (6) the trial court
erroneously allowed application of the "especially heinous, cruel
or atrocious" aggravating factor; (7) the trial court erroneously
allowed application of the "avoiding, interfering with or
preventing an arrest or prosecution" aggravating factor; (8) the trial
court erred in allowing the district attorney to exercise his
discretion to pursue a charge of first degree murder; (9) the
district attorney made improper comment during closing statement of
the guilt phase; (10) the district attorney made improper comment
during closing argument at the sentencing phase; (11) trial judge
erred in not recusing himself due to partiality towards a State's
witness; (12) the trial court erred in failing to suppress
statements made by appellant; and (13) the trial court denied
certain citizens their right to serve on a jury based on their
religious reservations about imposing the death penalty.
URL:http://www.tba.org/tba_files/TCCA/HARRIST.OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/HARRIST.DIS.WP6
DAVID IVY, v. STATE OF TENNESSEE
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIAM W. NOWLIN CHARLES W. BURSON
Suite 3201 Attorney General and Reporter
100 N. Main Bldg.
Memphis, TN 38103
RENEE F. VIDELEFSKY
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
JOHN W. PIEROTTI
District Attorney General
JAMES M. LAMMEY, JR.
Assistant District Attorney
201 Poplar Avenue
Memphis, TN 38103
Judge: JERRY L. SMITH
First Paragraph:
Appellant David Ivy appeals from the dismissal of his petition for
post conviction relief. On January 12, 1993, Appellant entered a
negotiated plea of guilty to six indictments: three counts of
aggravated assault, possession with intent to sell a controlled
substance, second-degree murder, and especially aggravated robbery.
Appellant agreed to a thirty-four (34) year sentence (twenty-five (25)
years for the six indictments, to run concurrently with a conviction
for attempted escape, and nine (9) years to be served consecutively
for two previous convictions of aggravated assault). On November 24,
1993, Appellant filed a pro se petition for post-conviction relief,
alleging ineffective assistance of counsel. Counsel was appointed for
Appellant, and evidentiary hearings were held on July 7, 1994 and
February 16, 1995. The post-conviction court dismissed the petition,
finding that it was without merit. For the reasons discussed below,
we reject Appellant's claim of ineffective assistance of counsel, and
affirm the decision of the post-conviction court.
URL:http://www.tba.org/tba_files/TCCA/IVYDAVID.OPN.WP6
STATE OF TENNESSEE, v. CTJUAN D. JAMES
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Joseph S. Ozment Charles W. Burson
Attorney at Law Attorney General & Reporter
217 Exchange Avenue
Memphis, TN 38105 Deborah A. Tullis
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
John W. Pierotti
District Attorney General
Phillip Gerald Harris
Asst. Dist. Attorney General
201 Poplar, Third Floor
Memphis, TN 38103
Judge: PAUL G. SUMMERS
First Paragraph:
The appellant, Ctjuan D. James, was convicted of especially aggravated
robbery. He was sentenced to fifteen years incarceration. On appeal,
he argues that: 1. The trial court erred in failing to charge his
"theory of defense"; 2. The trial court erred in allowing the victim,
who remained in the courtroom during the defense's proof, to testify
as a rebuttal witness; 3. A new trial should be granted due to juror
misconduct; and 4. The evidence was insufficient. Finding no
prejudicial error, we affirm.
URL:http://www.tba.org/tba_files/TCCA/JAMESCT.OPN.WP6
STATE OF TENNESSEE, v. PERCY MARTIN, JR.,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
D. Nathaniel Spencer Charles W. Burson
Attorney at Law Attorney General & Reporter
P.O. Box 865
28 S. Washington Robin L. Harris
Brownsville, TN 38012 Assistant Attorney General
Criminal Justice Division
Bill Barron 450 James Robertson Parkway
Attorney at Law Nashville, TN 37243-0493
124 E. Court Square
Trenton, TN 38382 Clayburn L. Peeples
(At Trial Only) District Attorney General
Larry Hardister
Asst. Dist. Attorney General
109 E. First Street
Trenton, TN 38382
Judge: PAUL G. SUMMERS
First Paragraph:
The appellant, Percy Martin, appeals from a jury verdict convicting
him of driving under the influence. The jury fined the appellant
$1,000. The trial court sentenced him to eleven months and
twenty-nine days confinement with all but sixty days suspended and
suspended his driver's license for two years. The appellant contends
that the evidence was insufficient to support his conviction and that
his fine and sentence were excessive. Upon review of the record, the
judgment of the trial court is affirmed as modified.
URL:http://www.tba.org/tba_files/TCCA/MARTINP.OPN.WP6
STATE OF TENNESSEE, v. CATHY R. ROSE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Mack Garner Charles W. Burson
District Public Defender Attorney General & Reporter
318 Court Street
Maryville,TN 37801 Sharon S. Selby
Assistant Attorney General
Natalee S. Hurley Criminal Justice Division
Asst. Public Defender 450 James Robertson Parkway
318 Court Street Nashville, TN 37243-0493
Maryville, TN 37801
Mike Flynn
District Attorney General
Phillip H. Morton
Asst. Dist. Attorney General
Blount County Courthouse
Maryville, TN. 37801
Judge: Robert E. Burch
First Paragraph:
This is an appeal of right from a bench trial which resulted in
appellant's conviction of the offense of driving a motor vehicle at a
time when the privilege so to do was canceled, suspended or revoked.
URL:http://www.tba.org/tba_files/TCCA/ROSECATH.OPN.WP6
LONNIE SMITH, a/k/a AKI RASHI, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Aki Rashi a/k/a Lonnie Smith Charles W. Burson
#209399, Pro Se Attorney General & Reporter
West TN High Security Prison
P.O. Box 1050 Eugene J. Honea
Henning, TN 38041 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
John W. Pierotti
District Attorney General
Karen Cook
Asst. Dist. Attorney General
Criminal Justice Complex, Third Floor
Memphis, TN 38103
Judge: PAUL G. SUMMERS
First Paragraph:
The appellant, Lonnie Smith, was convicted of possession of cocaine
with the intent to sell. He was sentenced to nine years
incarceration. He sought habeas corpus relief. He alleged that the
disciplinary board increased his release eligibility date percentage
from 30 percent to 60 percent in violation of due process. The trial
court dismissed the petition for failure to file in the proper county.
We affirm.
URL:http://www.tba.org/tba_files/TCCA/SMITHAKI.OPN.WP6
STATE OF TENNESSEE,v. JACK D. WILLIAMS,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
BENJAMIN F. HEAD CHARLES W. BURSON
147 Jefferson, Suite 408 Attorney General and Reporter
Memphis, TN 38103
Jackson, TN 38301 KATHY MORANTE
Assistant Attorney General
GLENN I. WRIGHT 450 James Robertson Parkway
200 Jefferson Avenue Nashville, TN 37243-0493
Suite 800
Memphis, TN 38103 JOHN W. PIEROTTI
District Attorney General
JENNIFER NICHOLS
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103-1947
Judge: CORNELIA A. CLARK
First Paragraph:
Defendant was convicted by a jury of aggravated robbery. He was
sentenced to eight years as a standard offender and was assessed a
fine of $2,000.00. Defendant appeals of right and raises three
issues: (1) whether he was entitled to a new trial because two jurors
appeared to be sleeping during material testimony; (2) whether his
right to speedy trial was violated when the trial continuances granted
led to the unavailability of a material witness; and (3) whether the
proof is sufficient to support the guilty verdict. We find that the
defendant's issues on appeal lack merit, and affirm the judgment of
the trial court.
URL:http://www.tba.org/tba_files/TCCA/WILLIAJD.OPN.WP6
STATE OF TENNESSEE, v. WILLIE WILLIAMS, JR
Court:TCCA
FOR THE APPELLANT FOR THE APPELLEE
Alan R. Beard Charles W. Burson
737 Market St., Suite 601 Attorney General & Reporter
Chattanooga, TN 37402
On Appeal Darian B. Taylor
Assistant Attorney General
Arvin H. Reingold 450 James Robertson Parkway
Park Plaza Building Nashville, TN 37243-0493
1010 Market St., Suite 401
Chattanooga, TN 37402 Gary D. Gerbitz
At trial District Attorney General
Thomas J. Evans
Assistant District Attorney General
County-City Court Bldg., Suite 300
Chattanooga, TN 37402
Judge: JOHN K. BYERS
First Paragraph:
The defendant was tried by jury on September 20-23, 1994 and found
guilty of one count of first degree murder and one count of unlawful
possession of a machine gun.
URL:http://www.tba.org/tba_files/TCCA/WILLIAMW.OPN.WP6
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