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.
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Co-Chief Editor
STATE OF TN, v. ANTHONY DARRELL DUGARD HINES, and DISSENTING OPINION ON PETITION TO REHEAR Court:TSC Attorneys:n/a First Paragraph: A petition to rehear has been filed on behalf of the defendant-appellant, Anthony Darrell Dugard Hines. After consideration of the same, a majority of the Court is of the opinion that the petition should be granted to address the first issue presented. URL:http://www.tba.org/tba_files/TSC/HINES9.OPN.WP6 URL:http://www.tba.org/tba_files/TSC/HINES9.DIS.WP6 LARRY STEVEN BRIDGES,v. RUBY ADCOCK BRIDGES, Court:TCA JAMES L. SMITH Hendersonville, TN ATTORNEY FOR PLAINTIFF/APPELLEE Bruce N. Oldham Sue Hynds Dunning OLDHAM & DUNNING, LLC Gallatin, TN ATTORNEYS FOR DEFENDANT/APPELLANT First Paragraph: In this divorce case, the defendant/counter-plaintiff /wife has appealed from a judgment which dismissed the complaint of the plaintiff/counter-defendant/husband, granted a divorce and alimony to the wife, and divided the marital estate. URL:http://www.tba.org/tba_files/TCA/BRIDGESL.OPN.WP6 IN RE: ESTATE OF JAMES EDWARD COLSON v. SUNNY SUE COLSON Court:TCA JAMES D. ESTEP, III, OF TAZEWELL FOR APPELLANT JOE E. MAGILL OF CLINTON FOR APPELLEE First Paragraph: The Estate of James Edwards Colson appeals an adverse award in favor of Sunny Sue Colson from the Claiborne County Chancery Court. The Chancellor granted, on equitable grounds, an award of $1000 per month in alimony against the Estate of the decedent. URL:http://www.tba.org/tba_files/TCA/COLSONJE.OPN.WP6 FREDIA DUGGER v. MOHAMED F. ALI Court:TCA MOHAMED F. ALI, Pro Se JAMES S. ROACH OF JOHNSON CITY FOR APPELLEE First Paragraph: Mohamed Ali appeals an order of the Trial Court denying his motion for relief under Rule 60 of the TN Rules of Civil Procedure, denying his request to appoint him counsel and denying his motion seeking sanctions. URL:http://www.tba.org/tba_files/TCA/DUGGERF.OPN.WP6 FIRST TN BANK NATIONAL ASSOCIATION, v. THOROUGHBRED MOTOR CARS, INC., Court:TCA JOHN S. HICKS and KATHERINE A. BROWN, Baker, Donelson, Bearman & Caldwell, Nashville, Attorneys for Plaintiff/Appellee ROBERT E. BOSTON and DAVID E. LEMKE, Waller, Lansden, Dortch & Davis, Nashville, Attorneys for Defendant/Appellee First Paragraph: First TN Bank National Association ("plaintiff") filed suit in the Chancery Court of Davidson County against Thoroughbred Motor Cars, Inc. ("defendant") seeking to recover damages incurred as a result of defendants alleged breach of an asset purchase agreement to which it claimed to be a third party beneficiary. Defendant filed a motion to dismiss pursuant to T.R.C.P. 9.01 and 12.02(6), contending that plaintiffs complaint failed to state a claim upon which relief could be granted because it was not a party or an intended beneficiary of the asset purchase agreement and therefore lacked standing to sue under the agreement. URL:http://www.tba.org/tba_files/TCA/FIRSTTBK.OPN.WP6 WILLIAM LEFFEW, and wife, CHRISTINE LEFFEW, v. ACandS, Inc., et al and CONCURRING OPINION(S) Court:TCA GEORGE A. WEBER, III, MIKE G. NASSIOS and JERE FRANKLIN OWNBY III, of the Law Offices of Peter G. Angelos, Knoxville, for Appellants. WILLIAM D. VINES, III, MARTIN L. ELLIS and VONDA M. LAUGHLIN, of Butler, Vines & Babb, P.L.L.C., Knoxville, for ACandS, Inc. DWIGHT E. TARWATER, THOMAS A. BICKERS, ANDREW R. TILLMAN and WYNN du M. C. HALL, Paine, Swiney and Tarwater, Knoxville, for Owens Corning Fiberglas Corporation. W. MORRIS KIZER, and F. SCOTT MILLIGAN, Gentry, Tipton, Kizer & Little, P.C., Knoxville, for Pittsburgh Corning Corporation. M. DENISE MORETZ, Wolf, McMclain, Bright, Allen and Carpenter, Knoxville, for Owens-Illinois, Inc., and W. R. Grace & Co. Conn. First Paragraph: This is an appeal from a summary judgment dismissing the plaintiffs' claims as being time barred by the one-year statute of limitations found in T.C.A. 28-3-104. We reverse the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/LEFFEW.OPN.WP6 URL:http://www.tba.org/tba_files/TCA/LEFFEW1.CON.WP6 URL:http://www.tba.org/tba_files/TCA/LEFFEW2.CON.WP6 SANDRA K. LEWIS and husband, CARLTON LEWIS, v. JASON M. PENDERGRASS and R. EUGENE PENDERGRASS, Court:TCA HOWARD L. UPCHURCH, Pikeville, for Plaintiffs-Appellees. LYNNE D. SWAFFORD, SWAFFORD & SWAFFORD, Pikeville, for Defendants-Appellants. First Paragraph: The determinative issue on appeal as framed by the appellants is: [Whether] the defendants were deprived of a fair and impartial jury because of Juror Rankins failure to respond truthfully on voir dir and further, because Juror Rankin and plaintiffs counsel both failed to reveal a recent attorney/client relationship and an upcoming trial wherein plaintiffs counsel would be a crucial witness on behalf of Juror Rankin. URL:http://www.tba.org/tba_files/TCA/LEWIS2.OPN.WP6 CHARLES K. LOCKWOOD and FRANKIE L. LOCKWOOD, v. WILLIAM M. ABLES, Court:TCA STEVEN M. JACOWAY PATRICK, BEARD & RICHARDSON, P.C. Suite 202, Market Court 537 Market Street Chattanooga, TN 37402 Attorney for Plaintiffs/Appellants GEORGE LANE FOSTER FOSTER, FOSTER, ALLEN & DURRENCE 515 Pioneer Bank Building 801 Broad Street Chattanooga, TN 37402 Attorney for Defendant/Appellee First Paragraph: In this legal malpractice case, the trial judge directed a verdict for the defendant because he found that the plaintiffs failed to prove that but for the defendants negligence they would have won their lawsuit. We reverse and remand for a new trial. URL:http://www.tba.org/tba_files/TCA/LOCKWOOD.OPN.WP6 ETHEL RICH MARSHALL, v. DON SUMMERS, and RON BOTTORFF, a partnership, d/b/a Summers Lumber & Timber Co., Court:TCA Kenneth F. Scott TUNE, ENTREKIN & WHITE Nashville, TN ATTORNEY FOR PLAINTIFF/APPELLEE Jeffrey Zager Mary Ellen Morris TRABUE, STURDIVANT & DeWITT Nashville, TN ATTORNEYS FOR DEFENDANTS/APPELLANTS First Paragraph: The captioned defendants, Don Summers and Ron Bottorff, partners doing business as Summers Lumber & Timber Co., have appealed from a Rule 54.02 partial summary judgment interpreting a provision of a lease between the captioned plaintiff as lessor and the appellants as lessees. The other captioned defendant is not a party to this appeal. URL:http://www.tba.org/tba_files/TCA/MARSHALL.OPN.WP6 BARBARA McKENNA, Individually and as next friend of CHRISTOPHER McKENNA, v. JACKIE JACKSON and EMMA JONES, Court:TCA Jeff K. Walker GOODMAN & WALKER Springfield, TN JAMES M. HUNTER Gallatin, TN ATTORNEYS FOR PLAINTIFF/APPELLANT Mark T. Smith KELLY & SMITH Gallatin, TN ATTORNEY FOR DEFENDANT/APPELLEE First Paragraph: The captioned plaintiff has appealed from a summary judgment dismissing her suit against Emma Jones for injuries to Christopher McKenna, a minor, by a dog owned and kept by Jackie Jackson on premises rented to her and owned by Emma Jones. Plaintiffs suit against Jackie Jackson resulted in a judgment for the plaintiff from which no appeal has been prosecuted. URL:http://www.tba.org/tba_files/TCA/MCKENNAB.OPN.WP6 DONALD E. OVERTON v. RON CUNNINGHAM, GAIL SHELBY, and WACHOVIA BANK CARD SERVICES Court:TCA DONALD E. OVERTON, Pro Se JAMES E. FOGLESONG OF KNOXVILLE FOR APPELLEES First Paragraph: Donald E. Overton appeals a dismissal of his complaint against Ron Cunningham, an attorney, Gail Shelby, his legal assistant, and Wachovia Bank Card Services, his client, which sought damages, both compensatory and punitive, as a result of the Defendants' fraud: URL:http://www.tba.org/tba_files/TCA/OVERTOND.OPN.WP6 ELMER SANDERS, d/b/a SANDERS WRECKER & TOWING SERVICE, INC. v. ROBERT RAMSEY, a/k/a BOBBY RAMSEY, SHIRLEY A. McGAHA, d/b/a COVE MOTORS, and DENNIS RAMSEY Court:TCA DAVID B. HILL OF NEWPORT FOR APPELLANTS JOE G. BAGWELL OF KNOXVILLE FOR APPELLEE First Paragraph: This appeal questions whether the Chancellor improperly denied the Defendants a jury trial. URL:http://www.tba.org/tba_files/TCA/SANDERSE.OPN.WP6 LINDA ROSS SCHORR, v. JAMES LEE SCHORR, Court:TCA Diane E. Bell of Memphis Hayden Lait of Memphis For Plaintiff-Appellee Grady M. Garrison of Memphis Gail O. Mathes of Memphis For Defendant-Appellant First Paragraph: This appeal involves a suit that essentially seeks to set aside and/or modify a final decree of divorce. Defendant, James Lee Schorr, appeals from the judgment of the chancery court awarding plaintiff, Linda Schorr, monetary recovery as an addition to the division of marital property, plus attorney fees and costs. URL:http://www.tba.org/tba_files/TCA/SCHORRLR.OPN.WP6 SHEILA SEATS v. KERMIT LOWRY, M.D. Court:TCA RICHARD M. CURRIE, JR., OF KINGSPORT FOR APPELLANT JOHN S. BINGHAM and DANIEL B. MINOR OF KINGSPORT FOR APPELLEE First Paragraph: Kermit Lowry appeals a medical malpractice judgment rendered against him in the amount of $65,000 in favor of Sheila Seats. He insists on appeal that the Trial Court was in error in not directing a verdict in his favor at the conclusion of all the proof and in refusing to charge the jury certain of his special requests. URL:http://www.tba.org/tba_files/TCA/SEATS.OPN.WP6 IN RE: S.M., JR. (A minor) Court:TCA For B.M.C.: For Dept. of Human Services: Diane T. Hutchins Charles W. Burson Dickson, TN Attorney General & Reporter Lisa A. Yacuzzo For S.M., Sr.: Assistant Attorney General Nashville, TN Gregory D. Smith Clarksville, TN First Paragraph: This appeal involves the termination of parental rights of two mildly retarded parents with regard to their eleven-year-old son. The Montgomery County Juvenile Court removed the child from his parents home and awarded temporary custody to the Department of Human Services after determining that he had been sexually abused by his father. Approximately two and one half years later, the juvenile court terminated the parents parental rights and awarded the department permanent custody of the child. URL:http://www.tba.org/tba_files/TCA/SMJR.OPN.WP6 ALLSTATE INSURANCE COMPANY, v MARY LOUISE DAVIS, JOHN RASNIC, CAROLYN RASNIC, and TN FARMERS MUTUAL INSURANCE COMPANIES, Court:TCA PAUL E. DUNN, DUNN MACDONALD & COLEMAN, P.C., Knoxville, for Plaintiff-Appellant. JAMES D. ESTEP, III, ESTEP & ESTEP, Tazewell, for Defendant Appellee, TN Farmers Mutual Insurance Companies. First Paragraph: In this declaratory judgment action, plaintiff, insurance company, sought a declaration that its insured, John H. Rasnic, was not an insured under its policy for the accident occurring between the Rasnic and Davis motor vehicles. Specifically, the complaint alleged that Rasnic had violated the policy provision: URL:http://www.tba.org/tba_files/TCA/ALLSTAT2.OPN.WP6 UNION PLANTERS NATIONAL BANK v. RALPH A. TAYLOR AND THOMAS C. METCALFE, JR. Court:TCA JOE G. BAGWELL OF KNOXVILLE FOR APPELLANTS STEPHEN W. GIBSON OF KNOXVILLE FOR APPELLEE AT TRIAL LEVEL; UNREPRESENTED ON APPEAL First Paragraph: Ralph A. Taylor and Thomas C. Metcalfe, Jr., appeal a judgment rendered against them totaling $67,022.67 in favor of Union Planters National Bank, successor in interest to Fidelity Federal Bank, F.B.S. URL:http://www.tba.org/tba_files/TCA/UNIONPL.OPN.WP6 JOHN WILLIAM WITT, v. KIMBERLEY DENISE WITT, Court:TCA W. GERALD TIDWELL, JR., Chattanooga, for Appellant. CHARLES W. BURSON, Attorney General and Reporter and JAMES H. TUCKER, JR., Assistant Attorney General, for Appellee. First Paragraph: This is a most unusual case. The parties were married on September 26, 1987. During the marriage, one child, Dustin Levi Witt, was born. On May 11, 1989, the plaintiff filed an action for divorce. On November 15, 1989, a final decree was entered by the court dissolving the marriage on the grounds of irreconcilable differences and approving a marital dissolution agreement. The marital dissolution agreement contained, among other things, the following provision: URL:http://www.tba.org/tba_files/TCA/WITTJW.OPN.WP6 FAYE LORENTZ, v. BERTIE PHILLIPS, SAM PHILLIPS, JR. and wife, MARTHA ANN PHILLIPS, and AUTO-OWNERS INSURANCE COMPANY, Court:TCA JAMES Y. ROSS Waynesboro, Tennessee Attorney for Plaintiff/Appellee GARY A. BREWER GLEN L. KRAUSE BREWER, KRAUSE, BROOKS & MILLS Nashville, Tennessee Attorney for Defendant/Appellant Auto-Owners Insurance Company First Paragraph: This case involves the applicability of an exclusion clause in a policy of homeowners insurance. The insured dwelling burned to the ground after the plaintiff moved out. The insurance company refused to pay for the fire loss, citing the clause excluding coverage for vandalism or malicious mischief, where the dwelling has been vacant for more than thirty days. URL:http://www.tba.org/tba_files/TCA/LORENTZ.OPN.WP6 STATE OF TN, v. LINDA BOATMAN, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Robert H. Stovall Charles W. Burson Assistant Public Defender Attorney General & Reporter Charlotte, TN Nashville, TN OF COUNSEL: George Linebaugh Assistant Attorney General Shipp R. Weems 450 James Robertson Parkway District Public Defender Nashville, TN 37243-0493 P.O. Box 160 Charlotte, TN 37036 Dan M. Alsobrooks District Attorney General George Sexton Asst District AG First Paragraph: The appellant, Linda Boatman, entered pleas of guilty to the offenses of vehicular assault, a Class D felony, and aggravated assault, a Class C felony pursuant to a plea bargain agreement. The trial court sentenced the appellant to confinement for three (3) years in the Department of Correction as a Range I offender pursuant to the agreement. However, the trial court denied the appellant's request for an alternative sentence to confinement. URL:http://www.tba.org/tba_files/TCCA/BOATMAN.OPN.WP6 STATE OF TN, v. KAREN SUE BOGGS, Court:TCCA For the Appellant: For the Appellee: Mark E. Stephens Charles W. Burson District Public Defender Attorney General and Reporter Paula R. Voss Timothy McLaughlin Asst. Public Defenders Hunt S. Brown 1209 Euclid Avenue Assistant Attorney General Knoxville, TN 37921 Criminal Justice Division Randall Eugene Nichols District Attorney General John W. Gill Asst. District Attorney General Jerry Cunningham, Sp Prosecutor First Paragraph: The appellant, Karen Sue Boggs, pled guilty to one count of vehicular homicide as the proximate result of intoxication in the Criminal Court of Knox County. Following a sentencing hearing, the trial court imposed a six year sentence of split confinement, with one year of confinement followed by five years of supervised probation. The appellant appeals the sentence presenting three issues for our review. First, the appellant contends that the trial judge erred by not recusing himself from the sentencing phase of the appellant's case. URL:http://www.tba.org/tba_files/TCCA/BOGGSKS.OPN.WP6 STATE OF TN, v. WARNER D. BRANNON, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: CHRISTOPHER VAN RIPER CHARLES W. BURSON Stuart & Van Riper Attorney General and Reporter Clinton, TN 37716 TIMOTHY F. BEHAN Assistant Attorney General RANDALL E. NICHOLS District Attorney General WILLIAM CRABTREE and ZANE SCARLETT Asst District Attorneys General First Paragraph: The Defendant, Warner Brannon, appeals as of right from a jury verdict convicting him of driving under the influence. The jury fined the Defendant five hundred dollars, and the trial court sentenced him to eleven months and twenty nine days in confinement with all but fifteen days suspended. The Defendant now appeals his conviction and his sentence. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/BRANNON.OPN.WP6 STATE OF TN, v. WILLIAM JEFFERY CARICO, Court:TCCA For the Appellant: For the Appellee: Burkett C. McInturff Charles W. Burson 132 Broad Street Attorney General of TN Kingsport, TN 37660 and Jeannie Kaess Asst Attorney General of TN C. Berkeley Bell, Jr. District Attorney General and Doug Godbee Assistant District Attorney General First Paragraph: The defendant, William Jeffery Carico, appeals as of right from his conviction by a jury in the Hawkins County Criminal Court for aggravated rape, a Class A felony. The defendant was sentenced as a Range I, standard offender to twenty-five years in the custody of the Department of Correction. The following issues are presented for our review: URL:http://www.tba.org/tba_files/TCCA/CARICO.OP.WP6 STATE OF TN, v. JOHNNY LEE CLEVELAND, III, a/k/a AKEM ISMIL FUGUAN, Court:TCCA For the Appellant: For the Appellee: Mary Ann Green Charles W. Burson Assistant Public Defender Attorney General of TN Chattanooga, TN and (AT TRIAL) Darian B. Taylor Asst Attorney General of TN 450 James Robertson Parkway Ardena J. Garth Nashville, TN 37243-0493 District Public Defender and William H. Cox Donna Robinson Miller District Attorney General Mary Ann Green and Assistant Public Defenders H. C. Bright 701 Cherry St., Suite 300 Assistant District Attorney General Chattanooga, TN 37402 600 Market St., Suite 310 (ON APPEAL) Chattanooga, TN 37402 First Paragraph: The defendant, Johnny Lee Cleveland, III, a/k/a Akem Ismil Fuguan, was convicted of attempted aggravated rape and was sentenced to the Department of Correction for twenty (20) years as a Range II, multiple offender. URL:http://www.tba.org/tba_files/TCCA/CLEVELAN.OPN.WP6 STATE OF TN, v. JAMES EDWARD FRENCH, Court:TCCA For the Appellant: For the Appellee: Gerald Russell Charles W. Burson Attorney at Law Attorney General and Reporter Darian B. Taylor Assistant Attorney General Michael L. Flynn District Attorney General Philip H. Morton Asst. District Attorney General First Paragraph: The appellant, James Edward French, was convicted of burglary, a class D felony. He was sentenced to twelve years in the Department of Correction as a career offender. He raises three issues on appeal: (a) the trial court erred in failing to charge the lesser included offense of criminal trespass; (b) the State's witnesses violated the rule of sequestration by discussing testimony during the trial; and (c) the trial court erred in ruling that the appellant's prior convictions could be used for impeachment. URL:http://www.tba.org/tba_files/TCCA/FRENCH.OPN.WP6 STATE OF TN, v. MARY McNABB, Court:TCCA For the Appellant: For the Appellee: Mack Garner Charles W. Burson District Public Defender Attorney General and Reporter Clinton J. Morgan Assistant Attorney General Michael L. Flynn District Attorney General Philip H. Morton Asst. District Attorney General First Paragraph: The appellant, Mary McNabb, entered a nolo contendere plea to the offense of writing a worthless check, a class A misdemeanor. She was sentenced to eleven months and twenty-nine days in the Blount County Jail; she is eligible for work release, furlough, trusty status, or related rehabilitative programs after serving 70% of her sentence. On appeal, she argues that the trial court erred in failing to impose full probation or alterative sentencing. URL:http://www.tba.org/tba_files/TCCA/MCNABBMA.OPN.WP6 STATE OF TN, v. RONNIE DALE PHILLIPS, Court:TCCA For the Appellant: For the Appellee: Randall A. York Charles W. Burson and Attorney General of TN Proctor Upchurch and P.O. Box 3349 Clinton J. Morgan Crossville, TN 38557 Asst Attorney General of TN William E. Gibson District Attorney General and Ben Fann David Patterson Asst District Attorneys General First Paragraph: The defendant, Ronnie Dale Phillips, appeals from a jury conviction in the Criminal Court of Cumberland County for voluntary manslaughter, a Class C felony. He received a sentence of four years and eight months as a Range I, standard offender to be served in the custody of the Department of Correction and a fine of five thousand dollars. URL:http://www.tba.org/tba_files/TCCA/PHILLIPR.OPN.WP6 STATE OF TN, v. MARY FRANCES POWELL, Court:TCCA For the Appellant: For the Appellee: Mack Garner Charles W. Burson District Public Defender Attorney General and Reporter 318 Court Street Maryville, TN 37804 John P. Cauley Assistant Attorney General Michael L. Flynn District Attorney General Philip H. Morton Asst. District Attorney General First Paragraph: The appellant, Mary Frances Powell, appeals from the imposition of consecutive sentences entered in the Circuit Court of Blount County. The appellant contends that the trial court, in ordering that her sentences be served consecutively, failed to apply appropriate sentencing principles. URL:http://www.tba.org/tba_files/TCCA/POWELLMF.OPN.WP6 STATE OF TN, v. RALPH AVERY SMITH, Court:TCCA For the Appellant: For the Appellee: Ellery E. Hill, Jr. Charles W. Burson Attorney at Law Attorney General and Reporter 531 South Gay St. 450 James Robertson Parkway Suite 1515 Nashville, TN 37243-0493 Knoxville, TN 37902 (on appeal) Christina S. Shevalier Assistant Attorney General Jerry N. Estes District Attorney General Sandra Craig Donaghy Asst. District Attorney General First Paragraph: The appellant, Ralph Avery Smith, was convicted of the sale of cocaine, a class B felony, and sentenced as a Range I standard offender to eight years in the Department of Correction. On appeal, the appellant argues (a) that the evidence was insufficient to support the jury's verdict, (b) that a prospective juror was improperly removed by the prosecution in violation of Batson v. Kentucky, 476 U.S. 79 (1986), (c) that the trial court erred in admitting certain evidence, and (d) that he was denied the effective assistance of counsel at trial. URL:http://www.tba.org/tba_files/TCCA/SMITHR.OPN.WP6 STATE OF TN, v. DENNIS W. SPECK, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Comer L. Donnell Charles W. Burson District Public Defender Attorney General & Reporter Howard L. Chambers Sarah M. Branch Assistant Public Defender Counsel for the State Tom P. Thompson, Jr. District Attorney General Robert N. Hibbett Asst. Dist. Attorney General First Paragraph: The appellant, Dennis Wayne Speck, pled guilty to aggravated sexual battery and was sentenced to ten years confinement. He contends that his sentence is excessive. We affirm. URL:http://www.tba.org/tba_files/TCCA/SPECKDW.OPN.WP6 STATE OF TN, v. DONNIE WEBB, Court:TCCA For the Appellant: For the Appellee: Gordon Ball Charles W. Burson Suite 750, Sovran Center Attorney General of TN 550 Main Street and Knoxville, TN 37902 C. Anthony Daughtrey Assistant Attorney General Al Schmutzer, Jr. District Attorney General and Edward Bailey Assistant District AG First Paragraph: The defendant, Donnie Webb, appeals his convictions of two counts of reckless endangerment, for which he received concurrent sentences of two years in the state penitentiary and fines totaling three thousand dollars. All but ninety days of the sentences were suspended. URL:http://www.tba.org/tba_files/TCCA/WEBBDON.OPN.WP6 STATE OF TN v. ROBERT WILLIAMS Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: James G. Greenley Charles W. Burson Attorney at Law Attorney General (On appeal only) P.O. Box 5255 Kimbra R. Spann Sevierville, TN 37862 Assistant Attorney General 450 James Robertson Parkway John W. McClarty Nashville, TN 37403-0493 McClarty & Taylor Attorneys at Law Gary D. Gerbitz (At trial only) District Attorney General 822 McCallie Avenue Chattanooga, TN 37403 Rodney Strong Asst. Dist. Attorney General Karla G. Gothard 310 Courts Bldg. Asst. Public Defender 600 Market Street (At trial only) Chattanooga, TN 37402 701 Cherry Street Chattanooga, TN 37402 First Paragraph: The appellant was convicted of first degree murder and attempted second-degree murder in violation of Tenn. Code Ann. 39-13-202(a)(1) and 39-12-101(a). Judgment was entered and following a sentencing hearing, the appellant was sentenced to death by electrocution for the first degree murder and to thirty (30) years imprisonment for the attempt to commit second-degree murder, to be served consecutively. On appeal, the following issues are presented for our review: URL:http://www.tba.org/tba_files/TCCA/WILLMROB.OPN.WP6
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank
Return to the TBALink Home Page