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TBALink Opinion-Flash
March 04, 1996 -- Volume #2 -- Number #23
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 : 30
- New Opinons From TCCA : 22
- New Opinons From AG : Pending
- New Opinons From TCA : 30
There are three ways to get the full opinion from the Web: (TBALink members only)
- Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a
plain text version of the opinion.
- *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original
WP 6.0 document. version of the opinion.
- Click the URL Link at end of each Opinion Paragraph below. This option will allow you to download the original WP 6.0 document.
Jim Moore
TBALink Co-Chief Editor
JOHN WAYNE BALDWIN, v. SHERRY DARLENE BALDWIN, Court:TCA JEAN MUNROE, Knoxville, for Appellant. A. BENJAMIN STRAND, JR., Dandridge, for Appellee. First Paragraph: This appeal arises from a divorce case. All issues were stipulated except the issue of appellant's right of visitation with the parties' minor child. The trial court granted restricted visitation privileges to the appellant. We reverse the judgment of the trial court and remand the case for a further hearing. URL:http://www.tba.org/tba_files/TCA/BALDWINJ.OPN.WP6
Robert Bean, Franklin Shaffer, David Autry, Mack Roberts,
Kevin Antle, Tom Nichols, Tammie Beasley, and Roxanne Luce,
v.
Ned Ray McWherter, in his capacity as Governor of the State
of Tennessee, Charles W. Burson, Attorney General of the
Sate of Tennessee, Tennessee Wildlife Resources Commission,
and Gary Myers, Director of the Wildlife Resources Agency,
Court:TCA
ELIZABETH P. McCARTER
Senior Counsel
Office of the Attorney General
F. CLAY BAILEY, JR.
Tune, Entrekin & White
ATTORNEY FOR PLAINTIFFS/APPELLEES
First Paragraph:
Defendants/appellants appeal from the chancery courts
decision overruling appellants motion for summary judgment
and holding that Tennessee Code Annotated section
70-4-403(1), (3) unlawfully delegates legislative authority
to appellants, the Tennessee Wildlife Resources Commission
(TWRC) and the Commissioner of Agriculture
(Commissioner).
URL:http://www.tba.org/tba_files/TCA/BEAN.OPN.WP6
CANONIE ENERGY, INC., and WGI, INC.
v.
RODNEY KING, MARK HOLBROOK, AMERICAN RESOURCES MANAGEMENT,
INC., AMERICAN GAS TECHNOLOGIES, INC., AMERICAN ENERGY
EXPLORATION, INC., BERROD, INC., RICK CASTOR, and McCROME,
LTD., INC.
Court:TCA
WILLIAM P. SNYDER and ADRIENNE L. ANDERSON OF KNOXVILLE FOR
APPELLANTS MARK HOLBROOK, McCROME, LTD., INC., AMERICAN
RESOURCE MANAGEMENT, INC., AMERICAN ENERGY EXPLORATION,
INC., and AMERICAN GAS TECHNOLOGIES, INC.
H. BRUCE GUYTON OF KNOXVILLE FOR APPELLEES
First Paragraph:
The Defendants appeal a summary judgment entered in favor of
the Plaintiffs for the enforcement of a settlement
agreement. The facts of this case are somewhat complex.
Canonie Energy, Inc. (CEI) and WGI, Inc. (WGI), which shall
be collectively referred to as Plaintiffs, entered into a
venture with American Resource Management, Inc. (ARM),
American Energy Exploration, Inc., (AEX) and Coal Creek
Manufacturing Company (Coal Creek). The venture, called
"the Blue Gem Project," was for the exploration of oil and
natural gas in Anderson and Morgan counties. The venture
also included the drilling and construction of oil and
natural gas wells and the sale of oil and natural gas
produced by those wells.
URL:http://www.tba.org/tba_files/TCA/CANONIE.OPN.WP6
DORA BELL CLARK, v. JAMES LEWIS CLARK,
Court:TCA
SAM P. ZERILLA
Martin, Zerilla & Moon
Attorney for Appellant
PATRICIA ANN ODELL
Higgs, Armstrong, White & Johnson, Attorneys
Attorney for Appellee
First Paragraph:
These parties were divorced in March, 1986. They have one
minor child whose custody was awarded to the appellee
mother. The initial amount of child support is unclear; but
whatever the amount it was increased to $200.00 per month by
Order entered on May 23, 1990 pursuant to petition filed and
heard.
URL:http://www.tba.org/tba_files/TCA/CLARKDB.OPN.WP6
FIRST AMERICAN TRUST COMPANY, Executor of the Estate of
Frances A. Oman, Deceased,
v.
FRANKLIN-MURRAY DEVELOPMENT COMPANY, L.P.,
Court:TCA
CHARLES A. TROST
JOSEPH A. WOODRUFF
Nashville, Tennessee
THOMAS V. WHITE
Nashville, Tennessee
Attorneys for Plaintiff/Appellee
JOHN A. DAY
DONALD CAPPARELLA
Nashville, Tennessee
GUY C. NICHOLSON
Los Angeles, CA
Attorneys for Defendant/Appellant
First Paragraph:
The Chancery Court of Williamson County awarded the earnest
money in a real estate transaction to the seller, finding
that the purchaser had breached the contract. On appeal the
purchaser contends that the seller failed to deliver a
marketable title and that there are factual disputes that
preclude granting summary judgment to the seller. We affirm
the trial courts decision.
URL:http://www.tba.org/tba_files/TCA/FIRSTAM.OPN.WP6
JAMES T. FITE, v. STATE OF TENNESSEE, BD OF PAROLES, ET AL.,
Court:TCA
JAMES T. FITE, #124241
N.E.C.C.
Mountain City, Tennessee
Pro Se/Petitioner/Appellant
CHARLES W. BURSON
Attorney General and Reporter
EUGENE J. HONEA
Assistant Attorney General
Attorney for Respondents/Appellees
First Paragraph:
James T. Fite, an inmate in the Tennessee State Correctional
System, petitioned the Chancery Court of Davidson County for
a Writ of Certiorari. Mr. Fite asked that the court review
the refusal of the Board of Paroles to release him on
parole. The court dismissed his petition for lack of
subject matter jurisdiction, because it had been filed more
than sixty days after the Board's decision. We affirm the
trial court, but base our decision on the ground that Mr.
Fite has failed to state a claim upon which relief can be
granted. See Tenn. R. Civ. P. 12.02(6).
URL:http://www.tba.org/tba_files/TCA/FITE.OPN.WP6
DEMETREOUS FLENGAS v. KIMBERLY DENISE FLENGAS
Court:TCA
MARVIN BERKE OF CHATTANOOGA FOR APPELLANT
LESLIE B. McWILLIAMS OF CHATTANOOGA FOR APPELLEE
First Paragraph:
Demetreous Flengas, the husband, and Kimberly Denise
Flengas, the wife, were granted an absolute divorce in
September 1994 in Hamilton County. Shortly thereafter, the
Trial Court entered its memorandum opinion and order which
directed the division of the parties' assets and
liabilities. It is from this order that the husband
appeals.
URL:http://www.tba.org/tba_files/TCA/FLENGAS.OPN.WP6
LUVELL L. GLANTON, ET AL.,
v.
SHELBY INSURANCE COMPANY, ET AL.,
Court:TCA
Tusca R. S. Alexis, Nashville, Tennessee
Attorney for Plaintiffs /Appellants.
C. Hayes Cooney,
WATKINS, McGUGIN, McNEILLY & ROWAN, Nashville, Tennessee
Attorney for Defendants/Appellees.
First Paragraph:
This case is the converse of the typical case where the
insured is insisting that the insurer settle a claim against
the insured within policy limits, thus protecting the
insured from a potential judgment in excess of the policy
limits.
URL:http://www.tba.org/tba_files/TCA/GLANTON.OPN.WP6
BONNIE LYNNE LUDWIG HEZEL, v. WILLIAM MORRIS HEZEL,
Court:TCA
WILLIAM MORRIS HEZEL
Memphis, Tennessee
Appellant Pro Se
CHARLES A. SEVIER
The Sevier Law Firm
Memphis, Tennessee
Attorney for Appellee
First Paragraph:
It is necessary that we reiterate the in-court statement of
the Presiding Judge that our review of this case is de novo
on the record, accompanied with the presumption that the
judgment is correct unless the evidence otherwise
preponderates. Tenn. R. App. P., Rule 13(d). We do not try
the case de novo; our jurisdiction is to review for errors
of fact or law, subject to the presumption, and we cannot
substitute our judgment for that of the trial judge.
URL:http://www.tba.org/tba_files/TCA/HEZEL.OPN.WP6
FLOYD EZELL JACKSON, v. STELLA L. SMITH JACKSON,
Court:TCA
Stephen R. Leffler, Memphis, Tennessee
Attorney for Plaintiff/Appellant.
Mitchell D. Moskovitz, Memphis, Tennessee
Attorney for Defendant/Appellee.
First Paragraph:
The marriage between Floyd Ezell Jackson (Husband) and
Stella L. Jackson (Wife) ended after some 21 years when the
trial court found that both parties shall be awarded a
divorce pursuant to T.C.A. 36-4-129.
URL:http://www.tba.org/tba_files/TCA/JACKSONF.OPN.WP6
LINELL JEFFRIES, v. JOE JEFFRIES, JR.,
Court:TCA
LINELL JEFFRIES
Memphis, TN
Pro Se Appellant
SAM ZERILLA
Memphis, Tennessee
Attorney for Appellee
First Paragraph:
This action for damages for malicious prosecution by brother
against brother was filed in the General Sessions Court and
in course was heard de novo by the Circuit Court without a
jury. Judgment was entered for the plaintiff for $2,500.00
compensatory damages and $500.00 punitive damages. The
defendant appeals pro se, and presents for review three
issues which we reproduce in haec verba:
URL:http://www.tba.org/tba_files/TCA/JEFFRIES.OPN.WP6
CYNTHIA C. LEES, Individually and as Trustee and Next of
Friend of CAROLYN HOLDER GLASGOW, and R. H. PURSELL,
Executor for the Estate of WAYNE B. GLASGOW, SR.,
v.
HICKORY POINTE LIMITED PARTNERSHIP, NATIONSBANK OF
TENNESSEE, N.A., and ROBERT E. WOOD,
Court:TCA
Phillip North and David Kimbrough of
North, Pursell & Ramos of Nashville
For Appellees
Randal S. Mashburn and Darwin A. Hindman, III, of
Baker, Donelson, Bearman & Caldwell of Nashville
For Appellants
First Paragraph:
This case involves the validity of two judgment liens on
real estate. Plaintiffs, Cynthia Lees and R H. Pursell,
obtained judgments against Wayne B. Glasgow, Jr., in Maury
County, Tennessee and Williamson County, Tennessee,
respectively. Both judgments were recorded in the
Register's Office of Sumner County, Tennessee, on December
18, 1992.
URL:http://www.tba.org/tba_files/TCA/LEESCC.OPN.WP6
JACK LINDSAY, v. GAYLE MARTIN LINDSAY,
Court:TCA
L. CAESAR STAIR, III, BERNSTEIN, STAIR & McADAMS,
Knoxville, for Plaintiff-Appellant.
BILL W. PETTY and WILLIAM T. MAGILL, O'CONNOR,
PETTY, CHILD & BOSWELL,
Knoxville, for Defendant-Appellee.
First Paragraph:
The Trial Judge entered judgment reducing the amount of
alimony payable by defendant, and appellant has appealed.
The parties were divorced in 1978, with an award of alimony
of $3,500.00 per month to the wife. In 1986 the Court
ordered a reduction of the alimony to $2,580.00 per month.
The petition giving rise to this appeal was filed in 1995,
and responding to the petition after an evidentiary hearing,
the Trial Court, in arriving at his judgment, said:
URL:http://www.tba.org/tba_files/TCA/LINDSAYJ.OPN.WP6
JAMES E. LINKOUS, and wife, PATRICIA FERGUSON LINKOUS,
v.
DOUGLAS E. BURKHART and WILLIAM A. BURKHART,
Court:TCA
PHILLIP C. LAWRENCE,
Poole, Lawrence, Thornbury, Stanley & Morgan,
Chattanooga, for Appellants.
L. HALE HAMILTON,
Spears, Moore, Rebman & Williams,
Chattanooga, for Appellees.
First Paragraph:
This is a boundary line dispute. After a lengthy bench
trial the Chancellor established a common boundary between
the lands of the parties and entered judgment accordingly.
From this judgment this appeal resulted. We affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCA/LINKOUS.OPN.WP6
PATSY McMICHAEL, v. JOHN McMICHAEL,
Court:TCA
SANDRA G. OLIVE, Olive & Olive, Knoxville, for Appellant.
JOHNNY V. DUNAWAY, LaFollette, for Appellee.
First Paragraph:
This appeal results from the trial court's judgment
modifying the provisions of a marital dissolution agreement
entered into by these parties at the time of their divorce
and incorporated into the final judgment. Mr. McMichael
petitioned the trial court for a modification because of a
substantial decrease in his salary. The trial court granted
him relief. Mrs. McMichael sought relief in this court.
See McMichael v. McMichael, No. 03A01-9402-CH 00044,
URL:http://www.tba.org/tba_files/TCA/MCMICHAL.OPN.WP6
ROBERT P. MASON, v. RICK WYKLE and wife CHERYL WYKLE
Court:TCA
DEBORAH A. YEOMANS, Johnson City, for appellants.
SANDRA LEE STANBERY, Greenville, for appellee.
First Paragraph:
This case arose from a Detainer Warrant filed in the general
sessions court by the plaintiff, Robert Mason, against the
defendants, Rick and Cheryl Wykle. The Wykles answered the
warrant, denying that they owed the amount sued for by the
plaintiff. In addition, they filed a counter complaint
alleging, breach of contract, outrageous conduct, property
damage and violation of the Tennessee Consumer Protection
Act, T.C.A. 47-18-101.
URL:http://www.tba.org/tba_files/TCA/MASONRP.OPN.WP6
JAMES MILLER
v.
MILLER BROTHERS FARMS, INC. GARRY MILLER and ALLEN MILLER
Court:TCA
JOHN W. CLEVELAND OF SWEETWATER FOR APPELLANT
JEFFREY L. CUNNINGHAM OF ATHENS FOR APPELLEES
First Paragraph:
This is the second appeal in a continuing dispute between
four of the sons of Andrew K. Miller, deceased; namely,
James Miller, Larry L. Miller, Garry Miller and Allen
Miller.
URL:http://www.tba.org/tba_files/TCA/MILLERJA.OPN.WP6
FRANK O'LEARY AND WIFE, JOANN O'LEARY, AND LARRY JAMES
BROCK, SR., AND WIFE, HAZEL CHADWICK BROCK,
v.
LEONARD E. HALL AND WIFE, ANN C. HALL, AND JAMES CLEMONS AND
WIFE, RUTH CLEMONS,
Court:TCA
GARY R. PATRICK
PATRICK, BEARD, RICHARDSON, P.C.
Chattanooga, Tennessee
Attorney for Appellants
MICHAEL A. WAGNER
WAGNER, NELSON & WEEKS
Chattanooga, Tennessee
Attorney for Appellees
First Paragraph:
Plaintiffs-Appellants, Frank and Joanne O'Leary and Larry J.
and Hazel C. Brock, filed suit requesting an injunction to
prohibit the Defendants-Appellees, Leonard and Ann Hall and
James and Ruth Clemons, from subdividing the Halls' lot,
which lies between the O'Learys' and the Brocks' land. The
lower court denied Appellants' request for an injunction.
URL:http://www.tba.org/tba_files/TCA/O'LEARY.OPN.WP6
CHARLES GEORGE PETTY, v. SUSAN FLORINTINE PETTY,
Court:TCA
DICK CLARK
CLARK, BALTIMORE AND REEVES
Nashville, Tennessee
Attorney for Appellant
DOUGLAS THOMPSON BATES, III
Centerville, Tennessee
Attorney for Appellee
First Paragraph:
This appeal raises several questions concerning the lower
court's division of marital property pursuant to a final
decree of divorce. Plaintiff-Appellant, Charles George
Petty ("Husband"), appeals the trial court's award of
certain real property to Defendant-Appellee, Susan
Florintine Petty ("Wife"), as well as the lower court's
valuation of Husband's pension.
URL:http://www.tba.org/tba_files/TCA/PETTYCG.OPN.WP6
MICHAEL RAY PINSON,
v.
O.K. SMITH, JR., M.D.
and
NELWYN TODD PORTER, Executrix of the Estate of IRA FORD
PORTER, M.D., Deceased
Court:TCA
LEE M. GREER, III RALPH WOODSON FARMER, JR.
Greer & Greer HUBERT BAILEY JONES
114 S. Poplar Street Farmer, Moore, Jones,
Paris, TN Hamilton & Lay
P.O. Box 385 202 S. Main Street
Attorney/Plaintiff/Appellant P. O. Box 763
Dyersburg, TN 38025-0763
Attorneys for Appellee
Gilreath & Associates
SIDNEY W. GILREATH THOMAS H. RAINEY
RICHARD L. DUNCAN MARTY R. PHILLIPS
550 Main Avenue Rainey, Kizer, Butler,
Knoxville, TN Reviere & Bell
Jackson, TN 38302-1147 Attorneys for Appellee
Attorneys/Plaintiff/Appellant
JAMES M. GLASGOW
127 S. First Street
P. O. Box 250
Union City, TN 38281-0250
Attorney for Appellee
First Paragraph:
This action for damages for asserted medical malpractice,
filed October 15, 1987 in the Circuit Court of Weakley
County, was dismissed on Motion for Summary Judgment, Rule
56, Rules of Civ. Pro. The Order granting the Motion, which
concluded the rights of the plaintiff, was entered on August
18, 1994.
URL:http://www.tba.org/tba_files/TCA/PINSONM.OPN.WP6
WILLIAM HEATH RILEY, v. KAREN DIANA RILEY,
Court:TCA
DOROTHY J. POUNDERS
MARTIN B. DANIEL
Memphis, Tennessee
Attorneys for Appellant
LANGDON UNGER, JR.
Martin, Tennessee
Attorney for Appellee
First Paragraph:
The issue is whether the trial court erred in confiding
custody of the four-year old son of the parties to his
father. We think not, because appellate review is de novo
on the record accompanied with the presumption that the
judgment is correct unless the preponderance of the evidence
otherwise preponderates. Tenn. R. App. P., Rule 13(d).
URL:http://www.tba.org/tba_files/TCA/RILEYWH.OPN.WP6
STELLA ROETGER, v. DAVID A. ROETGER,
Court:TCA
F. DULIN KELLY
Hendersonville, Tennessee
Attorney for Plaintiff/Appellee
TIMOTHY L. TAKACS
Hendersonville, Tennessee
Attorney for Defendant/Appellant
First Paragraph:
The trial court granted Mrs. Roetger an absolute divorce and
custody of the parties' minor child. The court also divided
the marital property, and ordered Mr. Roetger to pay child
support, rehabilitative alimony and attorney fees. Mr.
Roetger appealed the award of alimony and attorney fees. We
affirm the trial court.
URL:http://www.tba.org/tba_files/TCA/ROETGER.OPN.WP6
SAFECO INSURANCE COMPANY OF AMERICA,
v.
SIMPSON BRIDGE COMPANY, INC.,
and
WATER AND LIGHT COMMISSION OF GREENEVILLE AND THE TOWN OF
GREENEVILLE, TENNESSEE,
Court:TCA
DEAN B. FARMER of HODGES, DOUGHTY & CARSON, Knoxville,
for Appellant SAFECO INSURANCE COMPANY OF AMERICA.
DAVID THOMAS BLACK of KISER AND BLACK, Maryville,
for Appellant SIMPSON BRIDGE COMPANY, INC.
RONALD W. WOODS and DANIEL D. COUGHLIN
of MILLIGAN & COLEMAN, Greeneville, for Appellees.
First Paragraph:
This is an action brought by Safeco Insurance Company of
America (Safeco) pursuant to the declaratory judgment act,
T.C.A. 29-14-101, et seq. Safeco is the surety on a
$488,100 performance bond issued to the Water & Light
Commission of Greeneville and the Town of Greeneville,
Tennessee (Greeneville). The bond was issued to secure the
performance of Simpson Bridge Company, Inc.'s (Simpson
Bridge) obligations under a contract with Greeneville for
the construction of improvements to the Town's water system
as well as the construction of a new raw water pumping
system (collectively referred to as "the project").
URL:http://www.tba.org/tba_files/TCA/SAFECO.OPN.WP6
MARK SCOTT SMITH v. FAITH HORNE SMITH
Court:TCA
MICHAEL A. NOLAN OF KNOXVILLE FOR APPELLANT
MARK SCOTT SMITH, Appellee, Pro Se
First Paragraph:
Appellant Faith Horne Smith appeals a divorce decree entered
by the Chancery Court for Knox County wherein she raises the
following four issues:
URL:http://www.tba.org/tba_files/TCA/SMITHMS.OPN.WP6
RASHELL (SHELLY) TEEGARDIN and husband MARK A. TEEGARDIN,
v.
DENNIS AUSTIN and TACC, INC., and BEAULIEU OF AMERICA, INC.,
Court:TCA
LARRY W. BRIDGESMITH and FAITH KALMAN REYES of CONSTANGY,
BROOKS & SMITH, Nashville, for Appellant.
JOHN D. BARRY of MILLIGAN, BARRY, HENSLEY & EVANS,
Chattanooga, for Appellees.
First Paragraph:
In this appeal, we are asked to decide if an insurer is
obligated to pay its insured's attorney a fee for collecting
the insurer's subrogation interest. Under the facts of this
case, we find the insurer is not obligated for the
attorney's fee, and reverse the trial court's holding to the
contrary.
URL:http://www.tba.org/tba_files/TCA/TEEGARDI.OPN.WP6
DONALD L. TATUM and DOROTHY R. TATUM
v.
VERTIS J. WORSHAM and FREDA JOHNSON MICHEL
Court:TCA
WILLIAM G. SCHWALL OF CHATTANOOGA FOR APPELLANT
MICHAEL A. ANDERSON OF CHATTANOOGA
FOR DONALD L. TATUM and DOROTHY R. TATUM
W. FRANK BROWN, III, OF CHATTANOOGA
FOR FREDA JOHNSON MICHEL
First Paragraph:
This case originated from a complaint by Donald L. Tatum and
Dorothy R. Tatum against Vertis J. Worsham for specific
performance of a land sale agreement and damages. Mr. and
Mrs. Tatum amended their complaint to join Freda Johnson
Michel, a second mortgage holder of the subject property.
Thereafter, Ms. Michel filed a cross-claim against Ms.
Worsham, principally seeking a determination of the balance
owing on the second mortgage which was in dispute.
URL:http://www.tba.org/tba_files/TCA/TATUMDL.OPN.WP6
RUTH ANN TRIPP IND. and as next friend of SHARA TRIPP and
SHAWNA TRIPP,
v.
DAVID HURST TRIPP, PAMELA ANN TRIPP AND MILDRED GOODMAN,
Court:TCA
Clinton R. Anderson of Morristown
For Appellant
Clarlie Allen of Oneida
For Appellees
First Paragraph:
This is primarily a will contest suit brought by Ruth Ann
Tripp, the widow of Douglas Tripp, a deceased beneficiary
under the will of Nelia Hurst, deceased. Ms. Tripp brought
suit in her own behalf and on behalf of the deceased
beneficiary's two minor grandchildren. The complaint seeks
construction of the Nelia Hurst will to determine ownership
of certain real property described in the complaint. The
suit also seeks a determination of plaintiff's rights to a
driveway easement granted to her by deed.
URL:http://www.tba.org/tba_files/TCA/TRIPP.OPN.WP6
TERESA J. WICKS, et al.,
v.
VETERANS STEEL ERECTION CO., INC., et al.,
Court:TCA
GERALD LARGEN, Kingston, for Appellant.
CHARLES W. BURSEN, Attorney General and Reporter, and DIANNE
STAMEY DYCUS, Senior Counsel, Attorney Generals Office,
Nashville, for Appellee, Attorney General Charles Burson.
First Paragraph:
In this wrongful death action, the Trial court ruled against
appellant, and appellant has appealed and well states the
issue:
URL:http://www.tba.org/tba_files/TCA/WICKS.OPN.WP6
ROBERT JOHN WILLIAMS,v. MARY ELIZABETH (WILLIAMS) EVANS,
Court:TCA
Judy Winegar Goans, Clinton, Attorney for the Appellant
Mark Silvey, Knoxville, Attorney for the Appellee
First Paragraph:
The appellant sought an award of attorney fees of $31,205.48
and filed an affidavit in explanation of the hours her
attorney had expended in this case, which involved the
custody and support of one child.
URL:http://www.tba.org/tba_files/TCA/WMS-RJ.OPN.WP6
BENNIE YEARBY, v. HENRY SHANNON, d/b/a UNITED TAXI STAND,
Court:TCA
ALARIC A. HENRY AND MICHAEL A. KENT,
Luther, Anderson & Cleary, P.C., Chattanooga for Appellant.
HUGH P. GARNER, Garner, Lewis & Prickett,
Chattanooga, for Appellee.
First Paragraph:
This case originated in the General Sessions Court for
Hamilton County. In plaintiff's civil warrant the plaintiff
sought damages for personal injury from the defendants,
Henry Shannon and David W. King. King was never served with
process and he is not a party to this action. While the
case was pending in the general sessions court, the parties,
through their attorneys, reached a settlement whereby the
defendant or his liability insurance company was to pay the
plaintiff the sum of $4,500.00.
URL:http://www.tba.org/tba_files/TCA/YEARBY.OPN.WP6
FRANK BELL, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Donald M. Lasley Charles W. Burson
Attorney at Law Attorney General & Reporter
Soddy-Daisy, TN
Michael J. Fahey, II
Assistant Attorney General
Gary D. Gerbitz
District Attorney General
Thomas J. Evans
Asst District Attorney General
Rebecca J. Stern
Asst District Attorney General
First Paragraph:
The appellant, Frank Bell, appeals as of right from a
judgment of the trial court dismissing his suit for
post-conviction relief after an evidentiary hearing. The
trial court found that the appellant received the effective
assistance of counsel as guaranteed by the Sixth Amendment
to the United States Constitution and Article I, 9 of the
Tennessee Constitution. In this Court, the appellant
contends that he was denied his constitutional right to the
effective assistance of counsel because trial counsel (a)
failed to appeal the denial of his motion for psychiatric
evaluation, (b) exercised undue influence in getting the
appellant to plead guilty after the trial had commenced, (c)
failed to keep him informed, (d) failed to investigate and
present all available witnesses, and (e) failed to raise the
issue of double jeopardy as to the offenses of burglary of
an automobile and attempt to commit theft over $1,000.
URL:http://www.tba.org/tba_files/TCCA/bell2.opn.WP6
STATE OF TENNESSEE, v. RICHARD N. BOUGHNER,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
GUY R. DOTSON, JR. CHARLES W. BURSON
102 South Maple St. Attorney General & Reporter
Murfreesboro, TN
ELIZABETH T. RYAN
Assistant Attorney General
GUY R. DOTSON
District Attorney General
JOHN PRICE
Asst. District Attorney General
First Paragraph:
On July 30, 1994, the defendant was stopped for driving
under the influence of an intoxicant (DUI). His results
from a breath test on the Intoximeter 3000 indicated a blood
alcohol level of .17 of one percent. He was indicted by the
Rutherford County Grand Jury for DUI during its October 1994
session. The indictment returned against the defendant
recites June 30, 1994, as the date of the offense.
URL:http://www.tba.org/tba_files/TCCA/BOUGHNER.OPN.WP6
MICKEY ALLEN BROWN,v. STATE OF TENNESSEE,
Court:TCCA
For the Appellant: For the Appellee:
Mickey Allen Brown, Pro Se Charles W. Burson
TDOC # 130138 Attorney General of TN
Turney Center, Unit 2B/49 and
Route 1 Clinton J. Morgan
Only, TN 37140-9709 Asst Attorney General of TN
Victor S. Johnson, III
District Attorney General
and
Cheryl Blackburn
Assistant District AG
First Paragraph:
The petitioner, Mickey Allen Brown, appeals as of right from
the Davidson County Criminal Court's summary dismissal of
his pro se petition for post-conviction relief. On July 2,
1985, the petitioner pled guilty to assault with intent to
commit first degree murder and received a twenty-year
sentence. The sentence was to run concurrently with a
thirty-year sentence he was serving in Florida. He
completed his Florida confinement on December 3, 1991, and
was transferred to Tennessee to serve the remainder of the
Tennessee sentence.
URL:http://www.tba.org/tba_files/TCCA/BROWNMA.OPN.WP6
JERRY BUTLER, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
GEORGE MORTON GOOGE CHARLES W. BURSON
District Public Defender Attorney General and Reporter
PAMELA J. DREWERY WILLIAM DAVID BRIDGERS
Assistant Public Defender Assistant Attorney General
JERRY WOODALL
District Attorney General
DON ALLEN
Asst District Attorney General
First Paragraph:
This is an appeal pursuant to Rule 3 of the Tennessee Rules
of Appellate Procedure. After an evidentiary hearing, the
trial court denied the Petitioner's request for
post-conviction relief from his guilty plea to aggravated
sexual battery. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/BUTLERJ.OPN.WP6
STATE OF TENNESSEE, v. THOMAS EDWARD CAPPS,
Court:TCCA
For the Appellant: For the Appellee:
John H. Henderson Charles W. Burson
Asst District PD Attorney General of Tennessee
407 C Main Street and
P.O. Box 68 Sarah M. Branch
Franklin, TN 37065-0068
Joseph D. Baugh, Jr.
District Attorney General
and
Donald Schwendimann
Asst District Attorney General
First Paragraph:
The defendant, Thomas Edward Capps, appeals from his
convictions in the Circuit Court of Hickman County for three
counts of simple possession of cocaine. He received
sentences of eleven months and twenty-nine days for each
offense with two sentences to be served concurrently with
one another but consecutively to the third. All three
sentences were ordered to be served consecutively to a prior
unserved sentence in Dickson County.
URL:http://www.tba.org/tba_files/TCCA/CAPPSTE.OPN.WP6
JOHNNY L. COLWELL, v. STATE OF TENNESSEE,
Court:TCCA
For the Appellant: For the Appellee:
John E. Herbison Charles W. Burson
Attorney Attorney General and Reporter
Nashville, TN 37204
Ellen H. Pollack
Assistant Attorney General
Criminal Justice Division
Roger Moore
Asst. District Attorney General
First Paragraph:
The petitioner, Johnny L. Colwell, appeals the trial court's
dismissal of his petition for post-conviction relief. The
single issue on appeal is whether the petition is barred by
the statute of limitations.
URL:http://www.tba.org/tba_files/TCCA/COLWELL.OPN.WP6
DAVID J. DABNEY, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
KIM G. SIMS CHARLES W. BURSON
1279 Lamar Ave. Attorney General & Reporter
Memphis, TN 38104
DARIAN B. TAYLOR
Attorney General
JOHN W. PIEROTTI
District Attorney General
JAMES C. BEASLEY, JR.
Asst. District Attorney General
First Paragraph:
The petitioner Dabney pled guilty to especially aggravated
robbery and was sentenced to twenty years as a Range I
standard offender. No direct appeal was taken. The
petitioner filed a petition for post-conviction relief,
alleging that his guilty plea was involuntary because
unintelligently made and that he received ineffective
assistance of counsel. After a hearing at which the
petitioner and his trial counsel testified, the lower court
denied relief. We affirm.
URL:http://www.tba.org/tba_files/TCCA/DABNEY.OPN.WP6
STATE OF TENNESSEE, v. TREANOUS L. DAVIS,
Court:TCCA
For the Appellant: For the Appellee:
Terry J. Canady Charles W. Burson
211 Printer's Alley Bldg. Attorney General of TN
Suite 400 and
Nashville, TN 37201 Ellen H. Pollack
Asst Attorney General of TN
Victor S. Johnson, III
District Attorney General
and
Katrin Miller
Asst District Attorney General
First Paragraph:
The defendant, Treanous L. Davis, was convicted in a jury
trial in the Davidson County Criminal Court of attempt to
commit second degree murder, a Class B felony, and attempt
to commit aggravated robbery, a Class C felony. As a Range
II, multiple offender, he was sentenced to seventeen years
for the attempted murder and eight years for the attempted
robbery with the sentences to be served consecutively.
URL:http://www.tba.org/tba_files/TCCA/DAVISTL.OPN.WP6
STATE OF TENNESSEE v. JOHN EISOM,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Julie K. Pillow Charles W. Burson
Assistant Public Defender Attorney General & Reporter
P.O. Box 700
Somerville, Tennessee 38068 Michelle L. Lehmann
Counsel for the State
William Randolph
Assistant Attorney General
First Paragraph:
This is an appeal as of right by the Appellant John Eisom,
from a judgment of the Lauderdale County Criminal Court
approving a jury verdict finding him guilty of second degree
murder and two counts of aggravated assault.
URL:http://www.tba.org/tba_files/TCCA/EISOM.OPN.WP6
STATE OF TENNESSEE, v. EDWARD LEROY HARRIS,
Court:TCCA
For the Appellant: For the Appellee:
Paul J. Morrow, Jr. Charles W. Burson
and Attorney General and Reporter
Brock Mehler
704 18th Ave. South Christian S. Chevalier
Nashville, TN 37203 Assistant Attorney General
Al C. Schmutzer, Jr.
District Attorney General
Richard Vance
Asst. District Attorney General
First Paragraph:
The appellant, Edward Leroy Harris, alias "Tattoo Eddie,"
seeks post conviction relief from his convictions of one
count of armed robbery and two counts of premeditated first
degree murder, entered by the Circuit Court of Sevier County
in May, 1988, and the consequent imposition of one sentence
of life imprisonment and two sentences of death by
electrocution. The convictions and sentences were affirmed
on appeal by the Tennessee Supreme Court. State v. Harris,
839 S.W.2d 54 (Tenn. 1992), cert. denied, -- U.S. --, 113 S.
Ct. 1368 (1993).
URL:http://www.tba.org/tba_files/TCCA/HARRISED.OPN.WP6
WILLIAM RAY HUTCHINS, v. STATE OF TENNESSEE,
Court:TCCA
For the Appellant: For the Appellee:
Raymond C. Conkin, Jr. Charles W. Burson
152 Broad Street, Suite 207 Attorney General of TN
Kingsport, TN 37660 and
Michelle L. Lehmann
Asst Attorney General of TN
H. Greeley Wells, Jr.
District Attorney General
and
Barry Staubus
Assistant District Attorney General
First Paragraph:
The petitioner, William Ray Hutchins, appeals as of right
from the dismissal of his petition for post-conviction
relief by the Sullivan County Criminal Court. The
petitioner was convicted of attempted second degree murder,
a Class B felony, pursuant to a guilty plea and received a
sentence of ten years as a Range I, standard offender to be
served in the custody of the Department of Correction. The
conviction was affirmed on direct appeal. State v. William
Ray Hutchins, No. 03C01 9302-CR-00044, Sullivan Co. (Tenn.
Crim. App. Dec. 7, 1993), app. denied (Tenn. Apr. 4, 1994).
URL:http://www.tba.org/tba_files/TCCA/HUTCHINS.OPN.WP6
STATE OF TENNESSEE, v. M. STEVEN LILLY,
Court:TCCA
For the Appellant: For the Appellee:
Gale K. Flanary Charles W. Burson
Asst. Public Defender Attorney General and Reporter
Post Office Box 839
Blountville, TN 37617 Michelle L. Lehmann
Assistant Attorney General
Criminal Justice Division
H. Greeley Wells, Jr.
District Attorney General
David Overbay
Asst. District Attorney General
First Paragraph:
The appellant, M. Steven Lilly, pled guilty in the Criminal
Court of Sullivan County to two counts of sale of marijuana,
class E felonies. He now appeals from the consequent
imposition of two concurrent eighteen month sentences. The
sole issue presented for our review is the trial court's
denial of alternative sentencing. Specifically, the
appellant argues that the trial court should have ordered a
sentence of probation, intensive probation, or community
corrections.
URL:http://www.tba.org/tba_files/TCCA/LILLYMS.OPN.WP6
FRED RANEY, WARDEN, STATE OF TENNESSEE,
v.
BILLY MCGHEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Billy McGhee, Pro Se Charles W. Burson
T.D.O.C. NO. 109355 Attorney General & Reporter
Cold Creek Correctional
Facility
Henning, TN Eugene J. Honea
Assistant Attorney General
First Paragraph:
This is an appeal as of right by the Pro Se Appellant, Billy
McGhee, from the judgment of the Lauderdale County Circuit
Court, denying his Petition for Writ of Habeas Corpus. The
Appellant contends in his single issue that he stated a
cognizable constitutional claim pursuant to the habeas
corpus statute and that the court erred in transforming the
of habeas corpus into a petition for post-conviction
relief and dismissing it as time barred.
URL:http://www.tba.org/tba_files/TCCA/MCGHEE.OPN.WP6
STATE OF TENNESSEE v. RICARDO McCLELLAN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
C.Michael Robbins Charles W. Burson
Asst District PD Attorney General & Reporter
Hunt S. Brown
Assistant Attorney General
Perry Hayes
Assistant Attorney General
First Paragraph:
This is an appeal as of right by the appellant, Ricardo
McClellan, from a judgment of conviction entered by the
Circuit Court of Hardeman County. The appellant was charged
with and convicted by a jury of delivery of a Schedule II
controlled substance, to wit; cocaine, in an amount more
than 0.5 grams pursuant to Tenn. Code Ann. 39-17-417. The
trial judge sentenced the defendant to fourteen (14) years
in the State Penitentiary as a Range II multiple offender,
and affirmed the jury's twenty twenty thousand dollar
($20,000.) fine. The appellant presents the following
arguments in support of his appeal from his conviction and
sentence.
URL:http://www.tba.org/tba_files/TCCA/MCLELLAN.OPN.WP6
STATE OF TENNESSEE, v. DOUGLAS A. MERRICK,
Court:TCCA
For the Appellant: For the Appellee:
Mack Garner Charles W. Burson
District Public Defender Attorney General of Tennessee
318 Court Street and
Maryville, Tennessee Michelle L. Lehmann
Asst Attorney General of TN
Michael L. Flynn
District Attorney General
and
Asst District Attorney General
Blount County Courthouse
First Paragraph:
The defendant, Douglas A. Merrick, was convicted upon pleas
of guilty in the Blount County Circuit Court of two counts
of forgery and two counts of uttering a forged instrument,
Class E felonies. He was sentenced as a Range I, standard
offender to concurrent one-year sentences for each count and
ordered to pay a total of $878.72 in restitution. His
sentences are to be suspended and supervised probation
imposed after he serves sixty days in the county jail.
URL:http://www.tba.org/tba_files/TCCA/MERRICK.OPN.WP6
STATE OF TENNESSEE, v. JOSEPH SHANE POWELL,
Court:TCCA
For Appellant: For Appellee:
George Morton Googe Charles W. Burson
District Public Defender Attorney General & Reporter
Pamela J. Drewery George Linebaugh
Asst. Public Defender Counsel for the State
Don Allen
Asst. District Attorney General
First Paragraph:
The defendant, Joseph Shane Powell, entered guilty pleas to
several theft and burglary charges arising out of both
Madison and Chester Counties. The trial court approved a
plea agreement which provided for an effective sentence of
twelve years. The defendant was ordered to serve six months
in jail and the balance of the sentence was to be served on
probation. During the first year, the defendant was placed
on intensive probation. At the end of this first year, the
defendant was moved to regular probation. Two years later,
the trial court revoked the probation and reinstated the
twelve-year sentence.
URL:http://www.tba.org/tba_files/TCCA/POWELL.OPN.WP6
STATE OF TENNESSEE v. THOMAS REED
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Jesse H. Ford, III Charles W. Burson
Attorney at Law Attorney General & Reporter
111 West Main, Lower Level
Jackson, Tennessee 38302 Clinton J. Morgan
Counsel for the State
James W. Thompson
Assistant Attorney General
First Paragraph:
This is an appeal as of right by the Defendant, Thomas Reed,
of his conviction in the Criminal Court for Madison County
following a jury trial. The Defendant was convicted of
aggravated burglary and was sentenced to a period of
confinement of nine (9) years as a Range II Offender and
fined one thousand dollars ($1,000.00). He presents two
issues for review:
URL:http://www.tba.org/tba_files/TCCA/REED.OPN.WP6
STATE OF TENNESSEE, v. JOHNNY ROBINSON,
Court:TCCA
For Appellant: For Appellee:
George Morton Googe Charles W. Burson
District Public Defender Attorney General
and 450 James Robertson Parkway
Pamela J. Drewery Nashville, TN 37243-0493
Assistant Public Defender
227 W. Baltimore Renee F. Videlefsky
Jackson, TN 38301 Assistant Attorney General
Don Allen and Nick Nicola
Asst. Dist. AG
First Paragraph:
The defendant, Johnny N. Robinson, entered pleas of guilt to
driving under the influence, third offense; driving on a
revoked license; driving on the wrong side of the road; and
vehicular assault. The trial court imposed the following
sentences and fines: an 11 month and 29 day sentence at 75%
and a $1,000 fine for the DUI; a six month sentence at 75%
and a $250 fine for the driving on a revoked license; a 30
day sentence at 75% and a $50 fine for the driving on the
wrong side of the road; and a four year, Range I sentence
and a $500 fine for the vehicular assault. The sentences
were ordered to be served concurrently.
URL:http://www.tba.org/tba_files/TCCA/ROBINSN2.OPN.WP6
LARRY D. RUSSELL, v. STATE OF TENNESSEE,
Court:TCCA
For Appellant: For Appellee:
Larry D. Russell Charles W. Burson
Pro Se Attorney General & Reporter
Cold Creek Correctional 450 James Robertson Parkway
Facility Nashville, TN 37243-0493
P.O. Box 1000
Henning, TN 38041-1000 Michelle L. Lehmann
Assistant Attorney General
David C. Henry
Asst. District Attorney General
First Paragraph:
The petitioner, Larry D. Russell, appeals from the trial
court's dismissal of his pro se petition for post conviction
relief. The single issue presented for our review is
whether the trial court properly dismissed the petition as
barred by the three-year statute of limitations without the
appointment of counsel or an evidentiary hearing. Because
we have been able to conclusively determine that the
petitioner is not entitled to relief, the judgment is
affirmed.
URL:http://www.tba.org/tba_files/TCCA/RUSSELLL.OPN.WP6
STATE OF TENNESSEE, v. JOE W. SMITH,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
William D. Massey Charles W. Burson
100 North Main Street Attorney General and Reporter
Suite 3010
(Appeal Only)
Darian B. Taylor
Cary Woods Assistant Atty. Gen. & Reporter
147 Jefferson Avenue
Suite 1011
Memphis, Tennessee 38103
(Trial Only) John W. Pierotti
District Attorney General
James C. Beasley
Assistant District Attorney General
Amy P. Weirich
Assistant District Attorney General
First Paragraph:
The appellant, Joe W. Smith, was indicted for murder in the
first degree after he confessed to killing David Jones
outside a pool hall in Shelby County. The appellant pled
not guilty to the charge, was tried by a Shelby County jury
and found guilty of second degree murder. His appeal
pursuant to Rule 3(b) of the Tennessee Rules of Appellate
Procedure challenges only the sentence imposed by the trial
court.
URL:http://www.tba.org/tba_files/TCCA/SMITHJOE.OPN.WP6
STATE OF TENNESSEE v. JEREMY WINSETT
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Charles D. Wright Charles W. Burson
Attorney at Law Attorney General & Reporter
Memphis
Ellen H. Pollack
Asst District Attorney General
James H. Challen, III
Asst District Attorney General
John W. Pierotti
District Attorney General
First Paragraph:
This is an appeal by permission of the Court of Criminal
Appeals from Division VI of the Criminal Court for the
Thirtieth Judicial District of Tennessee at Memphis. The
appellant, Jeremy A. Winsett, presents an appeal of the
judgment of that trial court affirming the District Attorney
General's decision to deny pre-trial diversion in this case.
The appellant is charged with two counts of vehicular
homicide, having been arrested in this cause on or about May
26, 1992.
URL:http://www.tba.org/tba_files/TCCA/WINSETT.OPN.WP6
STATE OF TENNESSEE v. SHAWN PHILLIP YEAGER,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Shana C. McCoy Charles W. Burson
Asst. District PD Attorney General & Reporter
B.P.R. #13597
P.O. Box 700
Somerville, TN 38068-0700 George P. Linebaugh, Jr.
Counsel for the State
Christopher S. Marshburn
Assist. District AG
First Paragraph:
This is an appeal as of right by the Defendant, Shawn
Phillip Yeager, of a sentence of the Circuit Court for
Fayette County, following the Defendant's plea of guilty to
the indictment charging, in count one, aggravated rape and,
in count two, aggravated kidnapping. A sentencing hearing
was had and the Defendant was sentenced to sixteen (16)
years as to count one and nine (9) years as to count two, as
a Range I, Standard Offender, both sentences to run
concurrently. The Defendant presents one issue for review:
whether the trial court erred in sentencing him to an
enhanced punishment within the sentencing range based on the
proof before the trial court.
URL:http://www.tba.org/tba_files/TCCA/YEAGER.OPN.WP6
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