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TBALink Opinion-Flash
December 13, 1996 -- Volume #2 -- Number #116
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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W & F LAND COMPANY, et al. Plaintiffs/Appellees vs. CHEROKEE PLACE, et al. Defendants/Appellants JOHN R. FISER Intervening Plaintiff/Appellee vs. CHEROKEE PLACE, et al. Court:TCA Harold P. Stone and Anna F. Hinds, Stone & Hinds, P.C., Knoxville, For the Appellant, Cherokee Place. David Wilson Long, R. Louis Crossley, Jr., Andrew L. Colocotronis, Long, Ragsdale & Waters, P.C., Knoxville, For the Appellant, First Tennessee Bank National Association. Keith McCord, McCord, Troutman & Irwin, P.C., Knoxville, For the Appellee, W & F Land Company. George w. Morton, Jr., Morton & Morton, Knoxville, For the Appellee, C. Richard Bales. Raymond E. Lacey, Lacey & Winchester, P.C., Knoxville, For the Appellee, John R. Fiser. Wanda G. Sobieski, Sobieski, Messer & Assoc., Knoxville, For the Appellee, Haresh K. Mirani. Judge: INMAN First Paragraph: Many of the issues in this case are fact-driven, requiring a determination of the credibility of the witnesses; others are questions of law. Our review is de novo on the record, accompanied with a presumption of the correctness of the trial court's findings of fact unless the evidence preponderates against it. Tenn. R. App. P. 13(d). No presumption of correctness attaches to issues of law, Hill v. Tennessee Rural Health Improvement Assn., 882 S.W.2d 801 (Tenn. Ct. App. 1994), but we defer to the Chancellor with respect to the credibility of witnesses. Bowman v. Bowman, 836 S.W.2D 563 (Tenn. Ct. App. 1991). AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/BROCKLW_OPN.WP6
LYNNE W. BROCK
vs.
J. DONALD BROCK
Court:TCA
For Appellant For Appellee
RICHARD W. BETHEA, JR. THOMAS O. HELTON
NICOLE R. BARNETT Baker, Donelson, Bearman
Stophel & Stophel, P.C. & Caldwell
Chattanooga, Tennessee Chattanooga, Tennessee
Judge: SUSANO
First Paragraph:
In this divorce case, the trial court dissolved a marriage of 31
years. The court granted the counter-plaintiff, J. Donald Brock
(Husband), a divorce from the original plaintiff, Lynne W. Brock
(Wife), on the ground of adultery; awarded Husband custody of the
parties' four minor children, subject to Wife's liberal visitation
rights; divided the parties' property; and denied Wife's request for
alimony in futuro and counsel fees. Husband appealed. REVERSED IN
PART, AFFIRMED IN PART, REMANDED WITH INSTRUCTIONS.
URL:http://www.tba.org/tba_files/TCA/WFLANDCO_OPN.WP6
STATE OF TENNESSEE
VS.
MARQUETIA BROWN,
Court:TCCA
or Appellant: For Appellee:
Monte D. Watkins Charles W. Burson
176 Second Avenue, North Attorney General & Reporter
Suite 300
Nashville, TN 37201 Charlotte H. Rappuhn
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Dan Hamm
Asst. District Attorney General
Washington Square
222 Second Avenue, North
Nashville, TN 37201-1649
Judge: WADE
First Paragraph:
The defendant, Marquetia Brown, was convicted of second degree murder
for the shooting death of her husband, Frederick Brown. The trial
court imposed a range one sentence of seventeen and one-half years. In
this appeal of right, she challenges the sufficiency of the evidence
and asserts that the sentence is excessive. AFFIRMED AS MODIFIED.
URL:http://www.tba.org/tba_files/TCCA/BROWNMQ_OPN.WP6
STATE OF TENNESSEE
VS.
MARTHA JEAN FRAZIER
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
RANDALL A. YORK CHARLES W. BURSON
P.O. Box 3549 Attorney General and Reporter
Crossville, TN 38557
TIMOTHY F. BEHAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
BILL GIBSON
District Attorney General
LILLIE ANN SELLS
Assistant District Attorney General
145 S. Jefferson Avenue
Cookeville, TN 38501
Judge: WELLES
First Paragraph:
This is an interlocutory appeal pursuant to Rule 9 of the Tennessee
Rules of Appellate Procedure. The Defendant appeals from the trial
court's determination that the District Attorney General did not abuse
his discretion by denying pretrial diversion. We affirm the judgment
of the trial court.
URL:http://www.tba.org/tba_files/TCAA/FRASIERM_OPN.WP6
STATE OF TENNESSEE,
VS.
HORACE C. GADDIS,
Court:TCCA
For Appellant: For Appellee:
John T. Conners, III Charles W. Burson
Counsel for the Appellant Attorney General & Reporter
134 Riverwood Drive
Franklin, TN 37069 Karen M. Yacuzzo
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Mark Puryear
Assistant District Attorney General
P.O. Box 937
Franklin, TN 37065-0937
Judge: WADE
First Paragraph:
The defendant was convicted of aggravated burglary and theft over
$500.00. The trial court imposed concurrent, range I sentences, six
and two years, respectively. In this appeal of right, the defendant
presents the following issues for review: (1) whether the trial court
erred by ruling that the defendant's confession to the police was not
the fruit of an unlawful arrest, and (2) whether the trial court
erred by ruling that the delay in the prosecution did not deny the
defendant a speedy trial. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/GADDISHC_OPN.WP6
MARVIN ANTHONY MATHEWS
VS.
FRED RANEY, WARDEN
Court:TCCA
For the Appellant: For the Appellee:
Marvin Anthony Mathews Charles W. Burson
Cold Creek Correctional Facility Attorney General and Reporter
P.O. Box 1000 450 James Robertson Parkway
Henning, TN 38041-1000 Nashville, TN 37243-0493
(Pro Se)
Charlotte H. Rappuhn
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Lisa A. Naylor
Legal Assistant
Judge: BARKER
First Paragraph:
Appellant, Marvin Anthony Mathews, appeals the summary dismissal of
his petition for writ of habeas corpus by the Lauderdale County
Circuit Court. Appellant is serving a term of life imprisonment after
being convicted in Shelby County of grand larceny and adjudicated a
habitual offender in December of 1988. Acting pro se, appellant filed
a petition for writ of habeas corpus on June 21, 1993. His petition
asserts that the Habitual Offender Act under which he was sentenced in
1988 is unconstitutional and thereby the convicting court was without
jurisdiction to order his confinement. On August 3, 1995, the trial
court summarily dismissed appellant's petition without an evidentiary
hearing, finding that the alleged statute was constitutional. We
affirm the judgment.
URL:http://www.tba.org/tba_files/TCCA/MATHEWMA_OPN.WP6
STATE OF TENNESSEE
VS.
GEORGE LEBRON MORGAN
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Robert N. Meeks Charles W. Burson
Attorney at Law Attorney General & Reporter
Parklon Building, Suite Six
4548 Brainerd Road Janet M. Kleinfelter
Chattanooga, TN 37411 Assistant Attorney General
Financial Division
500 Charlotte Avenue
Nashville, TN 37243-0493
Gary D. Gerbitz
District Attorney General
Former)
Yolanda D. Mitchell
Asst. Dist. Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
Judge: SUMMERS
First Paragraph:
The appellant, George Lebron Morgan, was convicted of second degree
murder, aggravated robbery, and attempted aggravated robbery. He was
sentenced to twenty years for second degree murder, ten years for
aggravated robbery, and five years for attempted aggravated robbery.
The second degree murder and the attempted robbery sentences were
ordered to run consecutively. The aggravated robbery sentence was
ordered to run concurrently. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/MORGANGL_OPN.WP6
STATE OF TENNESSEE
VS.
EDWARD THOMPSON
Court:TCCA
For the Appellant: For the Appellee:
Susanna Laws-Thomas Charles W. Burson
Assistant Public Defender Attorney General and Reporter
Fourth Judicial District
102 Mims Avenue Darian B. Taylor
Newport, TN 37821 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Alfred C. Schmutzer, Jr.
District Attorney General
Sevier County Courthouse
Suite 301
evierville, TN 37862
Richard R. Vance
Assistant District Attorney
339-A E. Main St.
Newport, TN 37821
Judge: BARKER
First Paragraph:
The appellant, Edward Thompson, appeals as of right his convictions in
the Cocke County Circuit Court of attempted second degree murder,
aggravated kidnapping, and theft of property over $1,000.00. As a
Range II offender, appellant received respective sentences of twenty
(20) years, twelve (12) years, and four (4) years. The latter two
sentences were ordered to be served consecutively to the twenty (20)
year sentence, but concurrent with each other. Appellant's effective
sentence, therefore, is thirty-two (32) years. On appeal, appellant
argues that the evidence was insufficient to support any of the guilty
verdicts and that he should not have received consecutive sentences.
As a part of his sufficiency issue, the appellant also contends that
the trial court erred in failing to instruct the jury on the lesser
offense of attempt to commit voluntary manslaughter. Finding no
error, we affirm appellant's convictions and consecutive sentences.
URL:http://www.tba.org/tba_files/TCCA/THOMPSNE_OPN.WP6
IMOTHY EARL WATERS
VS.
STATE OF TENNESSEE
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
RICHARD F. VAUGHN CHARLES W. BURSON
1928 -- 100 N. Main Attorney General & Reporter
Memphis, TN 38103
ELLEN H. POLLACK
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
JOHN W. PIEROTTI
District Attorney General
ALANDA HORNE
Asst. District Attorney General
201 Poplar Ave., Third Fl.
Memphis, TN 38103
Judge: PEAY
First Paragraph:
The petitioner was convicted after a jury trial of first-degree murder
and assault with intent to commit first-degree murder. His
convictions were affirmed on direct appeal. He petitioned for
post-conviction relief, alleging ineffective assistance of counsel at
trial and on appeal and due process violations arising from the jury
instructions; improper closing argument by the State; and the State's
failure to provide exculpatory evidence. After an evidentiary
hearing, the court below denied relief. The petitioner now appeals,
adding as an issue that the court below erred by refusing to allow him
to be present during his trial attorney's testimony. After a review
of the record, we affirm.
URL:http://www.tba.org/tba_files/TCCA/WATERSTE_OPN.WP6
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