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 and the TN Attorney General.
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CMT, INC., v. WEST END CHURCH OF CHRIST, Court:TCA ROBERT N. GODDARD, GODDARD & GAMBLE, Maryville, for Plaintiff Appellant. R. LOY WALDROP, JR., and DAVID N. GARST, LEWIS, KING, KRIEG, WALDROP & CATRON, P.C., Knoxville, for Defendants-Appellees, Acme Construction, Inc., and Cincinnati Insurance Company. JOHN T. McARTHUR, Maryville, for Amicus Curiae Carolinas Tennessee Building Material Association, Inc. First Paragraph: The determinative issue in this appeal, is the interpretation of Tennessee Code Annotated Section 66-11-145. West End Church of Christ contracted with Appellee Acme for the construction of a church. Acme contracted with Pioneer Construction Company, who in turn subcontracted work to Appellant CMT, Inc. Appellant performed work in five phases between July 1992 and June 1994. It sent invoices to Pioneer requesting payment within a month of the completion of each phase. URL:http://www.tba.org/tba_files/TCA/CMT.OPN.WP6 IN THE MATTER OF THE ESTATE OF PAUL F. GRAY, JR., v. NTERNAL REVENUE SERVICE, Court:TCA GARY R. ALLEN, DAVID ENGLISH CARMACK and MARION E. M. ERICKSON, Attorneys, Tax Division, Department of Justice, Washington, D.C. for appellant. HON. CARL K. KIRKPATRICK, United States Attorney, Of Counsel. THOMAS A. CALDWELL, GLADYS SMITY MYNALL and STEPHEN J. BOLIN, Baker, Donelson, Bearman & Caldwell, P.C., Chattanooga for Appellee. First Paragraph: The dispute in this case is whether an unsecured debt owed by the decedent to the United States Internal Revenue Service for income taxes takes precedence over the surviving spouse's elective share of the decedent's estate to which she would otherwise be entitled under the provisions of T.C.A. 31-4-101. The trial court held that the surviving spouse's elective share should be paid prior to unsecured debts of the decedent including the claim of the I.R.S. for income taxes. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/GRAY.OPN.WP6 HOOPER RICHARDS and wife, MAUDE RICHARDS, v. BILLY RAY TAYLOR and wife DIANNE ELAINE TAYLOR, Court:TCA MARK A. SKELTON, Rogersville, for Appellants. TOM O. ROGAN, Rogersville and LAWRENCE A. WELCH, JR. Greenville, for appellees. First Paragraph: The dispositive issue in this case is whether the consideration recited in a warranty deed from the plaintiffs to the defendants is so vague and uncertain as to render the deed subject to rescission. The chancellor held that it was and ordered the deed set aside. We respectfully disagree and reverse the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/RICHARDS.OPN.WP6 WACHOVIA BANK CARD SERVICES, v. DONALD E. OVERTON, Court:TCA RON CUNNINGHAM, Knoxville, for Plaintiff-Appellee. GLENNA W. OVERTON, Knoxville, for Defendant-Appellant. First Paragraph: In this action on debt, the Trial Court entered judgment against defendant. Defendant has appealed, insisting the judgment is void on the grounds the Court did not have personal jurisdiction over defendant. URL:http://www.tba.org/tba_files/TCA/WACHOVIA.OPN.WP6 STATE OF TENNESSEE v. RICHARD LEE ANTHONY, Court:TCCA ROBERT S. PETERS, Swafford, Peters & Priest, Winchester Attorney for Appellant CHARLES W. BURSON, Attorney General and Reporter, Nashville. WILLIAM DAVID BRIDGERS, Assistant Attorney General Attorneys for Appellee First Paragraph: Richard Lee Anthony ("defendant") appeals his conviction in the Circuit Court of Coffee County for aggravated robbery and aggravated burglary. The trial court imposed sentences of 20 years and 10 years, respectively, to be served consecutively. Defendant has presented three issues for our consideration: URL:http://www.tba.org/tba_files/TCCA/ANTHONY.OPN.WP6 STATE OF TENNESSEE v. JAMES A. BREWER and C. DONALD FROST Court:TCCA FOR THE APPELLANT, BREWER: FOR THE APPELLEE: Lucien Dale Charles W. Burson 221 Fourth Ave. North Attorney General Fifth Floor Nashville, TN 37219 Byron M. Jones Assistant Attorney General FOR THE APPELLANT, FROST: 450 James Robertson Parkway Nashville, TN 37243-0493 David L. Raybin Hollins, Wagster & Yarbrough Victor S. Johnson, III Nashville, TN District Attorney General Paul DeWitt Byron M. Jones Asst. Dist. Attorneys Nashville, TN First Paragraph: The appellant James A. Brewer was convicted of fourteen counts and the appellant C. Donald Frost of sixteen counts, respectively, of violating the securities laws of the State of Tennessee. Both appellants were also convicted of four counts of obtaining money by false pretenses. Each appellant received an effective sentence of seven and one half years, being ordered to serve one hundred days in confinement in the Davidson County Workhouse with the balance of the sentences to be served on probation. The appellant Brewer was ordered to pay fines in the sum of $3,600.00 and the appellant Frost was ordered to pay fines in the sum of $4,200.00. URL:http://www.tba.org/tba_files/TCCA/BREWERJA.OPN.WP6 STATE OF TENNESSEE, v. ROBERT TERRY CROWSON, Court:TCCA For the Appellant: For the Appellee: Thomas T. Woodall Charles W. Burson 203 Murrell Street Attorney General of TN P.O. Box 1075 and Dickson, TN 37065-1075 Charlette Reed Chambers (On appeal only) 450 James Robertson Parkway Nashville, TN 37243-0493 Robert Marlow Asst District Public Defender William Michael McCown P.O. Box 1119 District Attorney General Fayetteville, TN 37334 and (At trial and on appeal) Gary M. Jones Assistant District Attorney and Robert Crigler Assistant District Attorney Shelbyville, TN 37160 First Paragraph: The defendant, Robert Terry Crowson, was convicted for second degree murder in a jury trial in the Circuit Court of Bedford County. He was sentenced as a Range I, standard offender to eighteen years and six months in the custody of the Department of Correction. He appeals as of right and contends (1) that the evidence is insufficient to support a second degree murder conviction and (2) that his sentence is excessive because of the trial court's failure to apply certain mitigating factors. URL:http://www.tba.org/tba_files/TCCA/CROWSON.OPN.WP6 STATE OF TENNESSEE, v. BILLY GENE EARNEST, Court:TCCA For the Appellant: For the Appellee: A. Russell Brown Charles W. Burson Assistant Public Defender Attorney General of TN 112 Court Square and P.O. Box 39 Eugene Honea Lafayette, TN 37083 Asst Attorney General of TN (At trial and on appeal) 450 James Robertson Parkway Nashville, TN 37243-0493 Chris Eulberg (Pro Hac Vice) Robert W. Stack 925 N.W. 6th (At trial) 404 James Robertson Parkway Nashville, TN Tom P. Thompson, Jr. District Attorney General and John Wooten Asst District AG Hartsville, TN First Paragraph: The defendant, Billy Gene Earnest, appeals as of right from his judgment of conviction in the Criminal Court of Macon County for second degree murder, a Class A felony. He was sentenced to forty years in the custody of the Department of Correction as a Range III, persistent offender. In this appeal as of right, the defendant presents the following issues: URL:http://www.tba.org/tba_files/TCCA/EARNEST.OPN.WP6 STATE OF TENNESSEE, v. LANNY FUSON, Court:TCCA For the Appellant: For the Appellee: Campbell Smoot Charles W. Burson District Public Defender Attorney General of TN and and Rachel E. Willis George Linebaugh Assistant Public Defender Counsel for the State Tullahoma, TN Nashville, TN C. Michael Layne District Attorney General Manchester, TN First Paragraph: The defendant, Lanny Fuson, appeals as of right from the revocation of his probation by the Coffee County Circuit Court. He contends that the trial court abused its discretion by revoking his probation. URL:http://www.tba.org/tba_files/TCCA/FUSON.WPD.WP6 MICHELLE PIERRE HILL, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Michelle P. Hill, Pro Se Charles W. Burson R.M.S.I./U-5-B- Attorney General & Reporter Nashville, TN Clinton J. Morgan Counsel for the State Nashville, TN Joseph D. Baugh, Jr. District Attorney General Ronald L. Davis Asst. Dist. Attorney General Franklin, TN First Paragraph: Appellant, Michelle P. Hill, was charged with first degree murder. Pursuant to a negotiated agreement, appellant pled guilty to second degree murder in 1993. He was sentenced as a range II multiple offender and received 40 years. He filed a pro se petition for post-conviction relief. The trial court dismissed his petition without conducting an evidentiary hearing on November 29, 1994. On April 10, 1995, appellant filed a pro se Motion for Out of Time Notice of Appeal. URL:http://www.tba.org/tba_files/TCCA/HILLMP.OPN.WP6 STATE OF TENNESSEE,v. JAMES E. KENNER, Court:TCCA For Appellant: For Appellee: Monte D. Watkins Charles W. Burson Attorney Attorney General and Reporter Nashville, TN John Patrick Cauley Assistant Attorney General Nashville, TN Nicholas D. Bailey Asst. District Attorney Nashville, TN First Paragraph: The defendant, James E. Kenner, was convicted of five counts of aggravated burglary, five counts of theft over $1000.00, and one count of unlawful possession of a weapon. The trial court imposed sentences of fifteen years on each of the aggravated burglary convictions, twelve years on each of the theft convictions, and eleven months and twenty-nine days on the weapon conviction. Each of the aggravated burglary sentences are to be served consecutively to each other but concurrently with the corresponding sentence for theft. The unlawful possession of a weapon conviction is to be served concurrently with one of the theft offenses. The defendant qualifies as a career offender. The effective sentence is seventy-five years at 60%. URL:http://www.tba.org/tba_files/TCCA/KENNERJE.OPN.WP6 TERRY LEWIS, v. METROPOLITAN GENERAL SESSIONS COURT FOR NASHVILLE and DAVIDSON COUNTY, and STATE OF TENNESSEE, Court:TCCA For the Appellant: For the Appellees: John E. Herbison Charles W. Burson Attorney Attorney General and Reporter Nashville, TN 37204 Merrilyn Feirman and Joel W. Perry Assistant Attorneys General Nashville, TN William F. Howard Metropolitan Attorney Nashville, TN First Paragraph: The petitioner, Terry Lewis, appeals the trial court's denial of his petition for writ of habeas corpus. Two issues are presented for our review: (1) whether the trial court properly dismissed the petition based upon lack of subject matter jurisdiction; and (2) whether the petitioner's judgment of conviction in the general sessions court was facially invalid. URL:http://www.tba.org/tba_files/TCCA/LEWISTER.OPN.WP6 STATE OF TENNESSEE, v. JOHN ERIC LIPSCOMB, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: W. Casey Reed Charles W. Burson Attorney at Law Attorney General & Reporter Nashville, TN Nashville, TN Ellen H. Pollack Assistant Attorney General Nashville, TN Victor S. Johnson, III District Attorney General Nashville, TN John C. Zimmermann Asst District Attorney General Nashville, TN First Paragraph: The appellant, John Eric Lipscomb, appeals as of right from a judgment of the trial court revoking his Community Corrections sentences and sentencing him to serve four (4) years in the Department of Correction in each count of a four-count indictment and ordering that three of the sentences be served consecutively. The effective sentence imposed was twelve (12) years. Two issues are presented for review. The appellant contends that the sentences imposed are excessive; and the trial court abused its discretion in ordering consecutive sentencing. URL:http://www.tba.org/tba_files/TCCA/LIPSCOMB.OPN.WP6 STATE OF TENNESSEE, v. JOHN DENNIS RUSHING, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: JEFFREY A. DeVASHER CHARLES W. BURSON Sr Asst Public Defender Attorney General and Reporter JOAN A. LAWSON CHARLOTTE H. RAPPUHN Sr Asst Public Defender Assistant Attorney General Nashville, TN Nashville, TN VICTOR S. JOHNSON District Attorney General KATIE MILLER Asst District Attorney General Nashville, TN First Paragraph: The Defendant appeals as of right from a jury verdict convicting him of felony murder and especially aggravated robbery stemming from the death of Howard Palmer. The trial court sentenced the Defendant to serve a life sentence for the felony murder and a consecutive sentence of twenty years for the especially aggravated robbery. URL:http://www.tba.org/tba_files/TCCA/RUSHING.OPN.WP6
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