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TBALink Opinion-Flash
February 16, 1996 -- Volume #2 -- Number #18
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.
- This Issue:
- New Opinons From TSC : 0
- New Opinons From TCA : 4
- New Opinons From TCCA : 10
- New Opinons From AG : Pending
- New Opinons From TCA : 4
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WP 6.0 document. version of the opinion.
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Jim Moore
TBALink Co-Chief Editor
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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