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CAN DO, INC. PENSION AND PROFIT SHARING PLAN AND SUCCESSOR PLANS, INDIVIDUALLY AND AS A TRUSTEE FOR GEORGE W. HOLDER, JR., v. MANIER, HEROD, HOLLABAUGH & SMITH, a professional corporation, C. KINIAN COSNER, JR., and H. ROWAN LEATHERS, III, Court:TSC For Appellants: For Appellee: Robert L. Trentham Alfred H. Knight Mark Tyler Seitz WILLIS & KNIGHT TRABUE, STURDIVANT & DEWITT Nashville, Tennessee Nashville, Tennessee First Paragraph: This case presents a question of first impression in Tennessee: whether or not a legal malpractice claim is assignable. We have determined that sound public policy reasons militate against allowing assignment of legal malpractice actions. We, therefore, reverse the Court of Appeals and dismiss the complaint. Judge: RILEY ANDERSON, CHIEF JUSTICE URL:http://www.tba.org/tba_files/TSC/CANDO.OPN.WP6 WANDA CRUSE, v. CITY OF COLUMBIA, as a political subdivision of the State of Tennessee, Court:TSC For Appellee: For Appellant: Wm. Kennerly Burger Overton Thompson, III Murfreesboro, TN Stephen H. Price FARRIS, WARFIELD & KANADY Nashville, TN First Paragraph: In this property confiscation case, the Court must decide whether a direct appeal was timely and whether the Governmental Tort Liability Act's twelve-month statute of limitations set forth in Tennessee Code Annotated Section 29-20-305(b) applies to bar plaintiff's claim for damage to and loss of personal property seized by police officers employed by defendant, the City of Columbia. For the reasons explained below, we hold that the appeal was timely and that plaintiff's claim is controlled by the three-year statute of limitations contained in Tennessee Code Annotated Section 28-3-105 and is, therefore, not barred. Judge: Penny J. White, Justice URL:http://www.tba.org/tba_files/TSC/CRUSEWAN.OPN.WP6 DR. POWELL D. McCLELLAN, v. THE BOARD OF REGENTS OF THE STATE UNIVERSITY and COMMUNITY COLLEGE SYSTEM OF TENNESSEE AND MIDDLE TENNESSEE STATE UNIVERSITY, Court:TSC For Appellant: For Appellee: Charles Hampton White Charles W. Burson CORNELIUS & COLLINS Attorney General and Reporter Nashville, TN James C. Floyd Assistant Attorney General Nashville, TN First Paragraph: This case poses substantive and procedural questions pertaining to an appeal under the Uniform Administrative Procedures Act. The first issue is whether substantial and material evidence supports the finding of a violation of the sexual harassment policy of the Tennessee State Board of Regents and of Middle Tennessee State University. The second issue is whether the procedures followed in conducting the administrative hearing were appropriate. For the reasons set forth, we affirm the part of the decision of the Court of Appeals which upheld the finding of sexual harassment. We reverse the part of that court's decision which vacated one finding and the sanction order. We remand the case for the imposition of the sanctions set forth in the final order of the administrative tribunal. Judge: Penny J. White, Justice URL:http://www.tba.org/tba_files/TSC/MCCLELLA.COR.WP6 FANNIE TUGGLE and HOYT TUGGLE, v. ALLRIGHT PARKING SYSTEMS, Court:TSC For Appellant: For Appellees: Carl Wyatt Lanier Fogg Robert A. Cox Memphis, Tennessee GLASSMAN, JETER, EDWARDS and WADE, P.C. Memphis, Tennessee First Paragraph: We granted this appeal to determine whether a party with a derivative claim - loss of consortium - is entitled to challenges under the peremptory jury challenge statute, Tenn. Code Ann. 22-3-105. Judge: RILEY ANDERSON, CHIEF JUSTICE URL:http://www.tba.org/tba_files/TSC/TUGGLEF.OPN.WP6 STATE OF TENNESSEE v. TERRY E. WOOD and DISSENTING OPINIONS Court:TSC FOR THE APPELLANT: FOR THE APPELLEE: John H. Henderson, Jr. Charles W. Burson Public Defender Attorney General and Reporter Maurine C. Hatchett Christina S. Shevalier Assistant Public Defender Assistant Attorney General Franklin, TN Nashville, TN Joseph D. Baugh District Attorney General Mark Puryear Assistant District Attorney General Franklin, TN First Paragraph: We granted the application of Terry E. Wood, the defendant, for permission to appeal in order to resolve an issue of first impression in Tennessee: whether the return of a sealed presentment engages an accused person's speedy trial rights under the Sixth Amendment to the United States Constitution and Article I, 9, of the Tennessee Constitution. After a thorough examination of the record and careful consideration of the issue, we conclude, for reasons appearing below, that the return of a presentment, whether sealed or unsealed, whether the accompanying capias is executed or unexecuted, is a formal accusation that engages constitutional speedy trial provisions. Thus, we must apply the criteria of Barker v. Wingo and State v. Bishop to determine whether the thirteen-year delay in this case deprived the appellant of his constitutional speedy trial rights. We find that there was no such deprivation and affirm the judgment of the Court of Criminal Appeals. Judge: ADOLPHO A. BIRCH, JR., Justice URL:http://www.tba.org/tba_files/TSC/WOODTER.OPN.WP6 URL:http://www.tba.org/tba_files/TSC/WOODTER.DIS.WP6 URL:http://www.tba.org/tba_files/TSC/WOODSTER.DI2.WP6 URL:http://www.tba.org/tba_files/TSC/WOODTER2.DIS.WP6 JIMMY ARNOLD, v. TENNESSEE BOARD OF PAROLES, ET AL., Court:TCA JIMMY ARNOLD, #130097 Turney Center - 4B/3 Route 1 Only, Tennessee 37140-9709 Pro Se/Petitioner/Appellant CHARLES W. BURSON Attorney General and Reporter MICHELLE L. LEHMANN Assistant Attorney General 450 James Robertson Parkway Nashville, Tennessee 37243-0493 Attorney for Respondent/Appellee First Paragraph: The Chancery Court of Davidson County dismissed the appellants Petition for Writ of Certiorari to review the Parole Boards denial of parole. We affirm because we find that the petition in the lower court does not contain any allegations which show that the Board acted illegally, arbitrarily, or in excess of its jurisdiction. Judge: BEN H. CANTRELL, JUDGE URL:http://www.tba.org/tba_files/TCA/ARNOLDJ.OPN.WP6 WAYMON FREDERIC AXLEY, v. BEVERLY ANNE MALLETTE AXLEY, Court:TCA Stevan L. Black, Vicki J. Singh, BLACK, BOBANGO & MORGAN, P.C., Memphis, Tennessee Attorneys for Defendant/Appellant. Kay Farese Turner, Memphis, Tennessee Charle W. McGhee, Memphis, Tennessee Attorneys for Plaintiff/Appellee. First Paragraph: After a thirty year marriage, Waymon Frederic Axley (Husband) and Beverly Anne Mallette Axley (Wife) were divorced by final decree entered by the trial court in August 1994. This appeal concerns the trial courts award to Wife of $1,500 per month as alimony in futuro and, as additional alimony, $177.62 per month for 36 consecutive months to continue Wife on Husbands health insurance through his employer. Wife seeks an increase in the award as well as her attorneys fees for services rendered in this appeal. She frames the issues as follows: I. Did the trial judge err by awarding Wife only $1,500 per month in periodic alimony? II. Should this Court remand this matter to the trial court with the instruction to set a reasonable amount of attorneys fees for this appeal? Judge: FARMER, J. URL:http://www.tba.org/tba_files/TCA/AXLEY.OPN.WP6 JAMES DALE BARNES, v. MILLER MEDICAL GROUP, P.C. EDGEFIELD HOSPITAL, INC., DR. DOUGLAS DORSEY, AND DR. J. SHEPHERD, Court:TCA SAM E. WALLACE, JR. 227 Second Avenue, North Nashville, Tennessee 37201 Attorney for Plaintiff/Appellant DIXIE W. COOPER EDWARD A. HADLEY Suite 1900, NationsBank Plaza 414 Union Street Nashville, Tennessee 37219-1782 Attorney for Defendants/Appellees Miller Medical Group, P.C. and John Shepherd, M.D. First Paragraph: The husband of a woman who suffered a fatal heart attack shortly after being discharged from a hospital emergency room filed a medical malpractice suit against the treating doctor and the medical group for which he worked. The trial court dismissed the claim against the defendant doctor because the plaintiff failed to obtain service on him. A summary judgment was subsequently granted to the defendant medical group on the ground of the plaintiffs failure to produce a qualified affidavit on the proper standard of care and on causation, as is required by the Medical Malpractice Act, Tenn. Code Ann. 29-26-115. We affirm the trial court. Judge: BEN H. CANTRELL, JUDGE URL:http://www.tba.org/tba_files/TCA/BARNESJD.OPN.WP6 FRANK R. DALTON, v. TENNESSEE BOARD OF PAROLES, Court:TCA For the Plaintiff/Appellee: For the Defendant/Appellant: Frank R. Dalton, Pro Se Charles W. Burson Attorney General/Reporter Patricia C. Kussmann Assistant Attorney General First Paragraph: This appeal involves a prison inmates efforts to be paroled. After the Tennessee Board of Paroles declined to parole him, the inmate filed a petition for common-law writ of certiorari in the Chancery Court for Davidson County seeking review of the boards decision. The trial court dismissed the petition on the ground that it failed to state a claim upon which relief could be granted, and the inmate appealed to this court. We have determined that the board has not demonstrated that it is entitled to a judgment as a matter of law, and therefore, we vacate the judgment and remand the case for further proceedings. Judge: WILLIAM C. KOCH, JR., JUDGE URL:http://www.tba.org/tba_files/TCA/DALTONFR.OPN.WP6 C. DENBOW, v. SANDRA KAY DENBOW, Court:TCA MICHAEL L. WEINMAN, Tatum & Tatum, Henderson, Attorney for Defendant/Appellant. MIKE MOSIER, Jackson, Attorney for Plaintiff/Appellee. First Paragraph: This is a domestic relations case with an unusual twist. On May 3, 1994, plaintiff filed a complaint in the Chancery Court of Chester County seeking a divorce from defendant on the grounds of irreconcilable differences. At the same time, plaintiff filed a marital dissolution agreement (agreement) executed by the parties on May 2, 1994. The agreement provided that the parties would have joint custody of their two minor children, then ages 13 and 15, with the children residing with plaintiff. No child support was to be paid by either party. In addition, the agreement did not make any allowances for alimony and purported to divide the real and personal property between the parties. Plaintiff was represented by counsel at the time the parties executed the agreement, but defendant was not. Shortly thereafter, defendant employed counsel and on June 3, 1994, filed a motion to set aside the agreement. In her motion defendant contended that she was forced to sign the agreement under duress and fear of bodily harm. She also contended that the agreement did not adequately provide for the care and maintenance of the parties minor children or make an equitable settlement of the parties property as required by T.C.A. 36-4-103(b) (1991). Defendants motion asked the court to set the agreement aside and allow the parties to proceed with the divorce as if the agreement had never been executed. Judge: TOMLIN, Sr. J. URL:http://www.tba.org/tba_files/TCA/DENBOW.OPN.WP6 DEWEY RICHARD FARLEY and wife, PAMELA FARLEY, and TOMMY WEST, v. JAMES CLAYTON, Individually and d/b/a LUV HOMES, CLAYTON HOMES, INC., Court:TCA DAVID DAY ROBERT DURHAM 19 South Jefferson Avenue Cookeville, Tennessee 38501 Attorneys for Plaintiffs/Appellants Dewey Richard Farley and Pamela Farley MARTELIA T. CRAWFORD 310A East Broad Street Cookeville, Tennessee 38501 Attorney for Plaintiff/Appellant Tommy West TOM CORTS Third Floor, Noel Place 200 Fourth Avenue, North Nashville, Tennessee 37219-8985 Attorney for Defendants/Appellees First Paragraph: This is an action for misrepresentations and inducement of breach of contract relating to the trial and settlement of a personal injury case. The original plaintiffs and a co-defendant have sued the other defendants for misrepresenting or concealing material facts which (1) induced the plaintiffs to settle their original claim for less than its worth, and (2) induced the defendants insurance company not to represent the other defendant. The Circuit Court of Putnam County granted summary judgment to the defendants. We affirm. Judge: BEN H. CANTRELL, JUDGE URL:http://www.tba.org/tba_files/TCA/FARLEYDR.OPN.WP6 JAMES MICHAEL GEE, v. AMY ELIZABETH (MISCHELL) GEE, Court:TCA Laurence M. McMillan, Jr. CUNNINGHAM, MITCHELL, HICKS & McMILLAN 310 Franklin Street Clarksville, Tennessee 37040 ATTORNEY FOR PLAINTIFF/APPELLEE FRANK J. RUNYON P.O. Box 1023 Clarksville, Tennessee 37041 ATTORNEY FOR DEFENDANT/APPELLANT First Paragraph: The captioned defendant has appealed from a partial judgment which resolved some, but not all, of the issues in this divorce case. The judgment is not a final judgment appealable as of right, and is subject to revision by the Trial Court at any time before all issues are determined. T.R.A.P. Rule 3(a). Judge: HENRY F. TODD PRESIDING, JUDGE, MIDDLE SECTION URL:http://www.tba.org/tba_files/TCA/GEEJM.OPN.WP6 CLIFFORD SCOTT GOODWIN, v. JUDITH ANNETTE WETZ f/k/a JUDITH ANNETTE GOODWIN, Court:TCA MIKE W. BINKLEY 150 Second Avenue, North Suite 300 Nashville, Tennessee 37201 ATTORNEY FOR PETITIONER/APPELLANT JUDITH A. WETZ (LANGLEY) P.O. Box 584 105A Smith Street Dannemora, New York 12929 RESPONDENT/APPELLEE/PRO SE First Paragraph: The captioned petitioner has appealed from the dismissal of his suit to enroll and modify a foreign divorce decree. Judge: HENRY F. TODD, PRESIDING JUDGE, MIDDLE SECTION URL:http://www.tba.org/tba_files/TCA/GOODWIN.OPN.WP6 JULIUS MICHAEL HARRIS, v. SUZANNE ZULIEME HARRIS, Court:TCA THOMAS F. BLOOM 500 Church Street Fifth Floor Nashville, Tennessee 37219 ATTORNEY FOR PLAINTIFF/APPELLANT E. COVINGTON JOHNSTON, JR. P.O. Box 1608 Franklin, Tennessee 37065 ATTORNEY FOR DEFENDANT/APPELLEE First Paragraph: The plaintiff/ex-husband has appealed from the dismissal of his post-divorce decree petition seeking relief from child support and change of custody. Judge: HENRY F. TODD, PRESIDING JUDGE, MIDDLE SECTION URL:http://www.tba.org/tba_files/TCA/HARRISJM.OPN.WP6 THOMAS W. HARRISON, TERRY HARRISON, and BRENDA HARRISON KENNAMORE, v. EARL LAURSEN, Court:TCA Robert L. Holloway, Jr. Columbia, Tennessee Attorney for Appellant M. Andrew Hoover Jack B. Henry Andrew Hoover & Attorneys Pulaski, Tennessee Attorneys for Appellees First Paragraph: This is an appeal of a nonjury action in chancery form originally brought to rescind a contract for the sale of real estate and for damages to real property. The complaint was filed on January 22, 1991. Four separate hearings have been held in this cause. The first hearing was held without intervention of a jury. The second and third hearings were heard in the presence of a jury, and the fourth hearing in this cause was held without a jury. Following the fourth trial in the Chancery Court of Giles County, Tennessee, the chancellor entered a judgment against appellant for $22,279.59. The defendant, Earl Laursen, timely filed a notice of appeal from the final order entered January 9, 1995. The defendant, Delorita Laursen, did not perfect her appeal by filing a notice of appeal and is not before this Court. See, e.g., Town of Carthage, Tennessee, et al. v. Smith County, Tennessee, No. 01-A-01-9308-CH-00391 (Tenn. App., March 8, 1995). The appeal by the defendant/appellant, Earl Laursen, has been perfected and is properly before this Court. The appellant contends that the trial court erred in not having a jury hear the fourth case and in assessing damages to the real property. We reverse and remand for reasons that will hereinafter be shown. Judge: WILLIAM H. WILLIAMS, SENIOR JUDGE URL:http://www.tba.org/tba_files/TCA/HARRISNT.OPN.WP6 GERTRUDE JACKSON and JOSEPHINE J. JOHNSON, v. Estate of Jennie Mai Jackson, Deceased, Court:TCA SUSAN B. EVANS Law Offices of Wm. D. Castleman, P.C. 213A Ward Circle Brentwood, Tennessee 37027 WILLIAM D. CASTLEMAN Law Offices of Wm. D. Castleman, P.C. 110 Glancy St., Suite 112 Goodlettsville, Tennessee 37072 DANIEL L. WISCHHOF Wischhof & Allen, P.C. 110 Glancy St., Suite 109 Goodlettsville, Tennessee 37072 ATTORNEYS FOR PETITIONERS/APPELLEES Joseph F. Welborn, III BASS, BERRY & SIMS 2700 First American Center Nashville, Tennessee 37238 DOUGLAS S. HALE Hale & Hale 312 First Tennessee Bank Building Franklin, Tennessee 37064 ATTORNEYS FOR RESPONDENT/APPELLANT First Paragraph: The captioned executrix has appealed from a non-jury judgment of the Chancery Court that a will dated April 6, 1989 is the true, whole and last will and testament of Jennie Mai Jackson, deceased. Judge: HENRY F. TODD, PRESIDING JUDGE, MIDDLE SECTION URL:http://www.tba.org/tba_files/TCA/JACKSONG.OPN.WP6 TERRY T. JOHNSON, v. MICHAEL H. MCCOMMON and MLG?, Court:TCA A. WILSON WAGES ALICE L. GALLAHER A. WAGES LAW FIRM Memphis, Tennessee Attorney for Appellant JOSEPH G. LITTLE Memphis, Tennessee Attorney for Appellee, MLG? First Paragraph: This action was brought against Michael McCommon and Memphis Light, Gas, and Water (MLG?) for personal injuries sustained when McCommon, an employee of MLG?, struck plaintiff with his vehicle. McCommon was dismissed from the suit prior to trial. Following a bench trial, the lower court held that plaintiff's negligence was greater than that of the defendant and that plaintiff proximately caused her own injuries. Because we do not find that the evidence preponderates against the trial court's determination, we affirm the judgment dismissing plaintiff's case. Judge: HIGHERS, J. URL:http://www.tba.org/tba_files/TCA/JOHNSONT.OPN.WP6 JOYCE ANN NEAL, Individually and as parent and next of kin of the minor child, BRANDON DEVORIS NEAL, v. FAYETTE COUNTY BOARD OF EDUCATION, DALE SUMMITT, Superintendent of Schools, WILLIAM A. WEDDLE, Principal of Northwest Elementary School, JEAN BELLE, Teacher, Court:TCA DOROTHY W. MCARTHUR KIM, WILLCOX & MCARTHUR Memphis, Tennessee Attorney for Plaintiff/Appellant JAMES I. PENTECOST WALDROP AND HALL, P.A. Jackson, Tennessee Attorney for Defendants/Appellees First Paragraph: This matter arose out of a personal injury action brought against Fayette County Board of Education by plaintiff, Joyce Ann Neal, as parent and next of kin of Brandon Neal, a minor. Brandon, age eleven, was injured while playing basketball when his finger became caught in the goal. Reasoning that the goal was neither dangerous nor defective and that Brandon caused his own injuries through his misuse of the goal, the trial court held in favor of the school board. On appeal, plaintiff contends that the evidence preponderates against the trial court's determination that the goal was not dangerous or defective. Plaintiff further alleges that the trial court erred in failing to find that the school board was negligent. For the reasons stated below, we find these contentions to be without merit; therefore, we affirm the trial court's judgment. Judge: HIGHERS, J. URL:http://www.tba.org/tba_files/TCA/NEALJN.OPN.WP6 OAK HIGHLANDS HOMEOWNERS ASSOCIATION, INC., v. CONTINENTAL DEVELOPMENT AND CONSTRUCTION, INC., and NICHOLAS S. PSILLAS, Court:TCA JAMES R. TOMKINS Jennings and Tomkins Suite 2240-L & C Tower Nashville, Tennessee 37219 ATTORNEY FOR PLAINTIFF/APPELLANT IRWIN J. KUHN Eisenstein, Moses and Mossman Suite 500, One Church Street Bldg. Nashville, Tennessee 37201 ATTORNEY FOR DEFENDANTS/APPELLEES First Paragraph: The captioned plaintiff has appealed from the non-jury dismissal of its suit to enforce restrictions and has presented the following issues for review: 1. Whether Continental Development & Construction, Inc. ever applied for architectural approval as to the nine lots upon which it built houses. 2. Whether the Court erred in allowing the testimony of Nicholas Psillas about the Nashville 50 joint ventures response or lack of response to his alleged request of architectural approval. 3. Whether Oak Highlands Homeowners Association, Inc. is entitled to injunctive relief and a judgment against Continental Development & Construction, Inc. for the cost of removing overhead electrical connections and replacing them with underground connections at the nine lots upon which it built houses. Judge: HENRY F. TODD, PRESIDING JUDGE, MIDDLE SECTION URL:http://www.tba.org/tba_files/TCA/OAKHIGH.OPN.WP6 LISA J. PRINCE and husband, RICKY PRINCE, v. COFFEE COUNTY, TENNESSEE d/b/a COFFEE MEDICAL CENTER, Court:TCA RICK L. MOORE RUSSELL D. HEDGES J. BROOKS FOX MOORE & HEDGES Tullahoma, Tennessee Attorneys for Appellants ROBERT L. TRENTHAM MARK TYLER SEITZ TRABUE, STURDIVANT & DEWITT Nashville, Tennessee Attorneys for Appellee First Paragraph: This is a medical malpractice case. Plaintiffs, Lisa and Ricky Prince, are husband and wife. Lisa Prince ("Plaintiff") was injured during out-patient surgery, allegedly as a result of improperly administered anesthetic. Initially, the suit was brought against Coffee Medical Center, Dr. Ramprasand (the surgeon), and Michael Cruz (the nurse anesthetist). Dr. Ramprasand and Cruz settled with Plaintiffs and were dismissed prior to this action. Plaintiff alleges on appeal that Coffee Medical Center ("CMC") was negligent in failing to establish adequate anesthetic policies and procedures and in failing to enforce its own anesthesia policies and procedures. The trial court granted summary judgment in favor of CMC and Plaintiff has appealed. For the reasons stated below, we reverse. Judge: HIGHERS, J. URL:http://www.tba.org/tba_files/TCA/PRINCELJ.OPN.WP6 GILES E. ROBERSON and wife HAZEL B. ROBERSON v. MARY MARGARET (DARWIN) WASSON and PUG MARTIN, Individually, and d/b/a CENTURY 21 PUG MARTIN REALTY and STEPHEN N. SNYDER and wife, BARBARA L. SNYDER Court:TCA HOWARD L. UPCHURCH OF PIKEVILLE FOR APPELLANTS MATHEW D. BROWNFIELD and JOHN R. ANDERSON OF CHATTANOOGA FOR APPELLEES STEPHEN N. SNYDER and wife BARBARA L. SNYDER First Paragraph: This suit was filed by Plaintiffs Giles E. Roberson and his wife Hazel B. Roberson against Defendants Mary Margaret (Darwin) Wasson and Pug Martin, individually, and d/b/a Century 21 Pug Martin Realty. The Plaintiffs sought to have the Court declare that a strip of land approximately 18 feet in width, titled in the name of Mrs. Wasson, which lay between two separate tracts owned by them (see appendix) "to have been abandoned and to be non-existent." The complaint was later amended to advance the theory of adverse possession, and still later to add as parties Defendant Stephen N. Snyder and wife Barbara L. Snyder, who had purchased the property from Mrs. Wasson. Judge: Houston M. Goddard, P.J. URL:http://www.tba.org/tba_files/TCA/ROBERSON.OPN.WP6 EVELENE N. STEIN, v. DAVIDSON HOTEL COMPANY, Court:TCA PATRICIA A. MONTGOMERY Westlake & Marsden, P.C. Third National Financial Center 424 Church Street, Suite 1400 Nashville, Tennessee 37219 ATTORNEY FOR PLAINTIFF/APPELLANT JOHN S. HICKS STEPHEN H. BILLER KATHERINE A. BROWN Baker, Donelson, Bearman & Caldwell 1700 Nashville City Center 511 Union Street Nashville, Tennessee 37219 First Paragraph: This is an appeal by plaintiff/appellant, Evelene N. Stein, from a judgment dismissing five of the seven claims alleged by Ms. Stein against defendant/appellant, Davidson Hotel Company ("Davidson"). Judge: SAMUEL L. LEWIS, JUDGE URL:http://www.tba.org/tba_files/TCA/STEINEN.OPN.WP6 HARLAN WHITE, v. STATE OF TENNESSEE, TENNESSEE DEPARTMENT OF CORRECTION, Court:TCA HARLAN WHITE, Pro Se L.C.R.C.F. Route 1, Box 330 Tiptonville, Tennessee 38079 CHARLES W. BURSON Attorney General and Reporter PATRICIA C. KUSSMANN Assistant Attorney General Civil Rights and Claims Division 404 James Robertson Parkway Nashville, Tennessee 37243 ATTORNEYS FOR RESPONDENTS/APPELLEES First Paragraph: This is an appeal by petitioner, Harlan White, from the trial courts order dismissing his petition for declaratory judgment on the ground that petitioner failed to exhaust his administrative remedies. Judge: SAMUEL L. LEWIS, JUDGE URL:http://www.tba.org/tba_files/TCA/WHITEHAR.OPN.WP6 HAYDEN D. WILSON, JR., v. KATHRYN ANN MOORE, Court:TCA For the Plaintiff/Appellee: For the Defendant/Appellant: Stephen T. Greer Jacqueline E. Schulten Dunlap, Tennessee Chattanooga, Tennessee First Paragraph: This appeal involves a marriage that failed in less than three years. The husband filed suit in the Circuit Court for Sequatchie County seeking a divorce and the enforcement of the parties prenuptial agreement. The wife also requested a divorce and challenged the validity of the prenuptial agreement. Following a bench trial, the trial court declared the parties divorced pursuant to Tenn. Code Ann. 36-4-129(b) (1991) and upheld the prenuptial agreement. Accordingly, the trial court awarded the parties their personal property and directed the husband to assume certain credit card indebtedness and to provide the wife medical insurance for up to thirty-six months. Both parties take issue with various portions of the final divorce decree on this appeal. We have determined that the trial court erred by failing to consider the husbands income earned during the marriage as marital property. Accordingly, we modify the division of marital property and the award of spousal support. Judge: WILLIAM C. KOCH, JR., JUDGE URL:http://www.tba.org/tba_files/TCA/WILSONHD.OPN.WP6 STATE OF TENNESSEE,v. ROBERT LEE BAILEY, JR., and CONCURRING OPINION Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: JEFFREY A. DeVASHER CHARLES W. BURSON Sr Asst Public Defender Attorney General and Reporter J. MICHAEL ENGLE SARAH M. BRANCH Sr Asst Public Defender Assistant Attorney General 1202 Stahlman Building 450 James Robertson Parkway Nashville, TN 37201 Nashville, TN 37243-0485 First Paragraph: This is an appeal as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant was convicted on a jury verdict of the crimes of selling less than one-half gram of cocaine and evading arrest. For the drug offense, he was sentenced to a term of eight years to be served as a Range II multiple offender, and for evading arrest he was sentenced to a concurrent term of eleven months and twenty-nine days. He appeals his convictions and his Range II sentence. We affirm the judgment of the trial court. Judge: DAVID H. WELLES, JUDGE URL:http://www.tba.org/tba_files/TCCA/BAILEYRL.OPN.WP6 URL:http://www.tba.org/tba_files/TCCA/BAILEYRL.CON.WP6 STATE OF TENNESSEE, v. PARKER LEE BUNTING, Court:TCCA For Appellant: For Appellee: Ronald P. Smith Charles W. Burson Attorney Attorney General & Reporter P.O. Box 1627 Knoxville, TN 37901 Timothy F. Behan (on appeal) Assistant Attorney General Criminal Justice Division David J. Poss 450 James Robertson Parkway Attorney Nashville, TN 37243-0493 1627 Polk Wright Lane Knoxville, TN 37919 Randall E. Nichols (at trial) District Attorney General and Zane Scarlett Asst District Attorney General Knox County District AG Office City-County Building Knoxville, TN 37902 First Paragraph: The defendant, Parker Lee Bunting, was convicted in a bench trial on two counts of aggravated assault. The trial court imposed Range I, consecutive sentences of five years on each count. In this appeal of right, the defendant challenges the sufficiency of the evidence. We find no error and affirm the judgment of the trial court. Judge: GARY R. WADE, JUDGE URL:http://www.tba.org/tba_files/TCCA/BUNTINGP.OPN.WP6 STEVE HENLEY, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: JACK E. SEAMAN CHARLES W. BURSON 611 Commerce St., Attorney General & Reporter Nashville, TN 37203 JOHN H. BAKER PAUL S. DAVIDSON Asst. Attorney General 424 Church St. 450 James Robertson Pkwy. Nashville, TN 37219 Nashville, TN 37243-0493 TOM P. THOMPSON District Attorney General JOHN WOOTEN Asst. District Attorney General P. O. Box 178 Hartsville, TN 37074 First Paragraph: The petitioner was convicted by a jury of two counts of first-degree murder and one count of aggravated arson. The jury set the petitioners punishment at death by electrocution for the murder convictions, and the court sentenced him to twenty years for the arson offense. The petitioner's convictions and sentences were affirmed by our Supreme Court on direct appeal. State v. Henley , 774 S.W.2d 908 (Tenn. 1989). He then filed a petition for post-conviction relief which was denied after a hearing. Judge: JOHN H. PEAY, Judge URL:http://www.tba.org/tba_files/TCCA/HENLEYST.OPN.WP6 STATE OF TENNESSEE, v. RALPH JACKSON HOUSEWRIGHT, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Stephen M. Wallace Charles W. Burson District Public Defender Attorney General/Reporter 450 James Robertson Parkway Gale K. Flanary Nashville, Tennessee 37243 Assistant Public Defender P. O. Box 839 Elizabeth T. Ryan Blountville, Tennessee 37617 Asst Atty. Gen. & Reporter 450 James Robertson Parkway Nashville, Tennessee 37243 H. Greeley Wells, Jr. District Attorney General Phyllis Miller Asst. District AG Blountville, TN 37617 First Paragraph: The appellant, Ralph Jackson Housewright, was convicted of aggravated burglary and theft of property valued at over $1,000.00. The jury assessed a $3,000.00 fine for the theft conviction. The appellant was sentenced as a Range II multiple offender to eight (8) years for the aggravated burglary conviction and to six (6) years for the theft conviction. The court ordered the sentences to be served consecutively and denied the appellants request for probation or community corrections. Judge: WILLIAM M. BARKER, JUDGE URL:http://www.tba.org/tba_files/TCCA/HOUSEWRT.OPN.WP6 STATE OF TENNESSEE, v. BARRY HUGHES, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Leonard "Mike" Caputo Charles W. Burson Phillips & Caputo Attorney General & Reporter Attorneys at Law 312 Vine Street Hunt S. Brown Chattanooga, TN 37403 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Jerry N. Estes District Attorney General G. Scott Kanavos Asst District Attorney General 203 E. Madison Avenue P.O. Box 647 Athens, TN 37371 First Paragraph: The appellant, Barry Hughes, challenges, by extraordinary appeal, the trial court's judgment affirming the district attorney general's denial of his application for pretrial diversion. The appellant sought to divert two counts of official oppression, one count of official misconduct, and one count of fabricating evidence. The charges stem from allegations that, while performing his duties as a police officer, he planted cocaine in a civilian's car. We affirm. Judge: PAUL G. SUMMERS, Judge URL:http://www.tba.org/tba_files/TCCA/HUGHESB.OPN.WP6 STATE OF TENNESSEE,v. SUSIE LOWE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Shipp R. Weems Charles W. Burson District Public Defender Attorney General & Reporter Robbie T. Beal Charlotte H. Rappuhn Asst. Public Defender Assistant Attorney General P.O. Box 160 Criminal Justice Division Charlotte, TN 37036 450 James Robertson Parkway Nashville, TN 37243-0493 Dan M. Alsobrooks District Attorney General Suzanne Lockert Asst. Dist. Attorney General P.O. Box 580 Charlotte, TN 37036 First Paragraph: The appellant, Susie Lowe, was convicted following a jury trial of sale of cocaine. Her sole issue in this appeal is whether the trial court erred by allowing into evidence her prior drug use and dealings. We affirm the conviction. Judge: PAUL G. SUMMERS, Judge URL:http://www.tba.org/tba_files/TCCA/LOWESUS.OPN.WP6 JIMMY DAVID McELROY, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: ELLERY E. HILL, JR. CHARLES W. BURSON Charter Federal Bldg. Attorney General & Reporter 531 S. Gay St., Suite 1515 Knoxville, TN 37902 DARIAN B. TAYLOR Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 CHARLES E. HAWK District Attorney General ROGER DELP Asst. District AG P.O. Box 703 Kingston, TN 37763 First Paragraph: The petitioner was charged with driving under the influence (DUI), second offense, on June 16, 1993. Although the technical record contains no other affidavit of complaint, he was apparently also charged with possession of a controlled substance (diazepam). The petitioner pled guilty in General Sessions Court to DUI, first offense. He apparently also pled guilty to the charge of possession although the record contains no copy of the judgment entered in that case. He was sentenced to eleven months, twenty-nine days on the DUI charge, suspended except for eight days. The conviction and sentence were upheld on direct appeal to the Criminal Court for Loudon County. Judge: JOHN H. PEAY, Judge URL:http://www.tba.org/tba_files/TCCA/MCELROYJ.OPN.WP6 WAYNE E. MITCHELL, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: TERRY J. CANADY CHARLES W. BURSON 211 Printers Alley Bldg. Attorney General & Reporter Suite 400 Nashville, TN 37201 CLINTON J. MORGAN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 VICTOR S. JOHNSON District Attorney General RENEE ERB Assistant District AG Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 First Paragraph: The Petitioner appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. After conducting an evidentiary hearing, the trial court denied the Petitioners request for post-conviction relief from his convictions of aggravated burglary and aggravated rape. We affirm the judgment of the trial court. Judge: DAVID H. WELLES, JUDGE URL:http://www.tba.org/tba_files/TCCA/MITCHELW.OPN.WP6 STATE OF TENNESSEE, v. DANNY R. MORRIS, and DISSENTING OPINION Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL J. FLANAGAN CHARLES W. BURSON DALE M. QUILLEN Attorney General & Reporter 95 White Bridge Rd., Nashville, TN 37205 ELLEN H. POLLACK Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 DAN M. ALSOBROOKS District Attorney General GEORGE C. SEXTON Asst. District Attorney General Humphreys County Courthouse Waverly, TN 37185 First Paragraph: The defendant, Danny R. Morris, was convicted at a jury trial of aggravated robbery, a Class B felony. The trial court sentenced the defendant as a Range I offender to a term of confinement of twelve years in the Department of Correction. Judge: JOHN H. PEAY, Judge URL:http://www.tba.org/tba_files/TCCA/MORRISDA.OPN.WP6 URL:http://www.tba.org/tba_files/TCCA/MORRISDA.DIS.WP6 STATE OF TENNESSEE, v. JAMES C. NELSON and ALICIA NELSON, Court:TCCA For Appellant: For Appellees: Charles W. Burson Niles S. Nimmo Attorney General & Reporter Attorney Realtors Building, Suite 200 Eugene J. Honea 306 Gay Street Assistant Attorney General Nashville, TN 37201 Criminal Justice Division (for James C. Nelson) 450 James Robertson Parkway Nashville, TN 37243-0493 Michael J. Flanagan Attorney Suzanne M. Lockert 95 White Bridge Rd. #208 Asst. Dist. Attorney General Nashville, TN 37205 P.O. Box 580 (for Alicia Nelson) Charlotte, TN 37036 First Paragraph: The defendants, James C. Nelson and Alicia Nelson, were indicted for possession of marijuana with the intent to resell. James Nelson was also indicted for possession of a weapon with the intent to go armed. In this appeal by the State of Tennessee, the single issue presented for review is whether the trial court erred by ordering the suppression of evidence acquired incident to the issuance of a search warrant. We affirm the judgment of the trial court. Judge: GARY R. WADE, JUDGE URL:http://www.tba.org/tba_files/TCCA/NELSONJC.OPN.WP6 STATE OF TENNESSEE, v. HUGH NICELY, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Gregory D. Smith Charles W. Burson Attorney at Law Attorney General & Reporter One Public Square Clarksville, TN 37040 Ellen H. Pollack Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Patrick H. McCutchen District AG (former) Dent Morriss Asst. Dist. Attorney General 507 Public Square Springfield, TN 37172 First Paragraph: A jury convicted the appellant, Hugh Nicely, on seven counts of aggravated rape, one count of aggravated sexual battery, and one count of child rape. He received an effective sentence of fifty-three (53) years. He raises four issues on appeal: 1. Whether the evidence was sufficient to sustain the verdicts. 2. Whether the cross-examination of the victim violated his right to due process. 3. Whether his right to due process was violated by introduction of his father's alleged prior bad acts. 4. Whether consecutive sentencing was improper and excessive. We affirm in part and reverse and remand in part. Judge: PAUL G. SUMMERS, Judge URL:http://www.tba.org/tba_files/TCCA/NICELYHU.OPN.WP6 DAVID T. REDFERN, v. RICKY J. BELL, Court:TCCA For the Appellant: For the Appellee: David T. Redfern, #136890 (Pro Se) Charles W. Burson Unit 1-B-57 Attorney General of Tennessee Turney Center, Rt. #1 and Only, TN 37140-9709 Darian B. Taylor Asst Attorney General of TN 450 James Robertson Parkway Nashville, TN 37243-0493 Joseph D. Baugh District Attorney General P.O. Box 397 Franklin, TN 37065-0937 First Paragraph: The petitioner, David T. Redfern, appeals as of right from the dismissal of his petition for habeas corpus relief by the Hickman County Circuit Court. The petitioner asserts that his present sentence of ten years that he received in July 1990 for the offense of aggravated sexual battery, committed in 1988, is void because it violates the prohibition against ex post facto laws, the right to due process of law, and the right to equal protection of the law. We disagree. Judge: Joseph M. Tipton Judge URL:http://www.tba.org/tba_files/TCCA/REDFERND.OPN.WP6 JAMES LEE TURNBILL, v. STATE OF TENNESSEE, Court:TCCA For the Appellant: For the Appellee: Leslie M. Jeffress Charles W. Burson 1776 Riverview Tower Attorney General of Tennessee 900 S. Gay Street and Knoxville, TN 37902 Eugene J. Honea Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Randall E. Nichols District Attorney General and Marsha Selecman Assistant District AG City-County Building Knoxville, TN 37902 First Paragraph: The petitioner, James Lee Turnbill, appeals as of right from the Knox County Criminal Courts dismissal of his fourth petition for post-conviction relief because it was untimely filed. The petitioner was convicted of first degree murder and sentenced to life imprisonment in the custody of the Department of Correction. His conviction and sentence were affirmed on appeal. State v. Turnbill, 640 S.W.2d 40 (Tenn. Crim. App.), app. denied (Tenn. 1982). Judge: Joseph M. Tipton, Judge URL:http://www.tba.org/tba_files/TCCA/TURNBILL.OPN.WP6 STATE OF TENNESSEE, v. CURTIS WARREN, Court:TCCA For the Appellant: For the Appellee: Natalee Staats Hurley Charles W. Burson Asst. Dist. Public Defender Attorney General /Reporter 318 Court Street Maryville, TN 37801 Clinton J. Morgan Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Michael L. Flynn District Attorney General Edward P. Bailey, Jr. Asst. District AG 363 Court Street Maryville, TN 37804-5906 First Paragraph: The appellant, Curtis Warren, appeals as of right his conviction by a jury for the offense of assault, a class A misdemeanor, entered by the Circuit Court of Blount County. The trial court sentenced the appellant to eleven months and twenty-nine days in the county jail. The court then suspended all but fifteen days of the appellants sentence and ordered the appellant to serve the balance on supervised probation. Additionally, the jury imposed the maximum fine of $1,000.00. The appellant presents two issues for our review. First, he challenges the sufficiency of the evidence to support the conviction. Second, he contends that the trial court erred in not granting total probation. Judge: David G. Hayes, Judge URL:http://www.tba.org/tba_files/TCCA/WARRENC.OPN.WP6 PATRICK WILLIAMS, v. STATE OF TENNESSEE, Court:TCCA For Appellant: For Appellee: Robert J. Turner Charles W. Burson 208 Third Avenue North Attorney General and Reporter Suite 300 Nashville, TN 37201 Michelle L. Lehmann Counsel for the State Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Katrin Miller Asst. District Attorney General Washington Square, Suite 500 222 Second Avenue South Nashville, TN 37201 First Paragraph: The petitioner, Patrick Williams, appeals the trial court's denial of his petition for post-conviction relief. The issues presented for our review are as follows: (1) whether the petitioner received the effective assistance of counsel; (2) whether the petitioner entered his guilty pleas knowingly and voluntarily; and (3) whether the petitioner agreed to serve an illegal sentence which should be set aside. Judge: GARY R. WADE, JUDGE URL:http://www.tba.org/tba_files/TCCA/WILLAMSP.OPN.WP6 LARRY T. YOUNG, v. STATE OF TENNESSEE, and CONCURRING OPINION Court:TCCA For Appellant: For Appellee: Douglas A. Trant Charles W. Burson Attorney Attorney General and Reporter 900 South Gay Street Suite 1502 Christina S. Shevalier Knoxville, TN 37902 Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Randall E. Nichols District Attorney General Fred Bright Asst. District Attorney General City-County Building Knoxville, TN 37902 First Paragraph: The petitioner, Larry T. Young, appeals the trial courts denial of post-conviction relief. The issues presented for review are as follows: (1) whether petitioners four prior convictions used in finding the petitioner to be a habitual criminal violated double jeopardy principles, thus requiring his habitual criminal conviction to be set aside; (2) whether the Knox County Juvenile Court was required to conduct a hearing under Tenn. Code Ann37-234(a)(4) (Supp. 1973) to determine the mental status of the petitioner prior to transferring the charges to Knox County Criminal Court; (3) whether the petitioner was denied the effective assistance of counsel at the guilty plea hearing and at the habitual criminal trial; and (4) whether the petitioners mental retardation and low level of education barred application of the waiver defense. Judge: GARY R. WADE, JUDGE URL:http://www.tba.org/tba_files/TCCA/YOUNGLT.CON.WP6 URL:http://www.tba.org/tba_files/TCCA/YOUNGLT.OPN.WP6
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