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TBALink Opinion-Flash
May 24, 1996 -- Volume #2 -- Number #50
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.
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- 3 New Opinons From TSC
- - New Opinons From TSC-Rules
- - New Opinons From TSC-Workers Comp Panel
- 19 New Opinons From TCA
- 5 New Opinons From TCCA
- 3 New Opinons From TSC
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JACK H. BLAIR, v. SARAH CAMPBELL, Court:TSC For Plaintiff-Appellant: For Defendant-Appellee: R. Sadler Bailey William W. Dunlap, Jr. Law Offices of Bailey Harris, Shelton, Dunlap & Associates & Cobb Memphis, Tennessee Memphis, Tennessee First Paragraph: In this premises liability case the plaintiff, Jack H. Blair, appeals from the Court of Appeals affirmance of the summary judgment granted in favor of the defendant, Sarah Campbell. The issue for our determination is whether the defendant, the owner of the premises, owed to the plaintiff, an independent contractor hired by the defendant to repair a leaking roof, a duty to provide a reasonably safe place to work under the facts of this case. Although a premises owner generally owes a contractor the duty to provide a reasonably safe workplace, we conclude that this duty does not apply when the contractor is injured while making the specific repairs called for in the contract. Since it is undisputed that the plaintiff was so injured in this case, we affirm the judgment of the Court of Appeals and the trial court. Judge: FRANK F. DROWOTA III JUSTICE URL:http://www.tba.org/tba_files/TSC/BLAIRJAC.OPN.WP6
MARK KOCH, d/b/a COMMERCIAL PAINTING COMPANY, INC.,
v.
CONSTRUCTION TECHNOLOGY, INC., and FIDELITY AND DEPOSIT
COMPANY OF MARYLAND,
Court:TSC
For Plaintiff-Appellant: For Defendants-Appellees:
Michael I. Less David A. Velander
Scott A. Frick Craig M. Beard
Less, Getz & Lipman Novick, Velander & Anderson
Memphis, Tennessee Memphis, Tennessee
Amicus Curiae:
Gerald B. Kirksey
Patricia C. Kussman
Wesley Kliner
David R. Kendrick
William D. Flatt
American Subcontractors Assn.
First Paragraph:
This case involves a contract dispute between Mark Koch
(d/b/a Commercial Painting Company, Inc.) and Construction
Technology, Inc., (CTI), the former a painting subcontractor
and the latter the general contractor on a construction
project owned by the Memphis Housing Authority (MHA). The
issues for our determination are as follows: (1) whether the
Court of Appeals erred in construing the pay when paid
clause in the subcontract as a condition precedent, thereby
making Kochs right to payment dependent upon CTIs receipt
of payment from MHA; and (2) whether the Court of Appeals
erred in construing the bond given by CTI to Koch as a
statutory bond rather than a common law bond, which had the
effect of precluding Kochs right of action against Fidelity
and Deposit Company of Maryland (FDCM), the surety on the
bond. For the following reasons, we hold that the Court of
Appeals erred on both issues; therefore, we reverse the
judgment of that court and remand the cause for further
proceedings.
Judge: FRANK F. DROWOTA III JUSTICE
URL:http://www.tba.org/tba_files/TSC/KOCHMARK.OPN.WP6
STATE OF TENNESSEE, v. DAVID R. SHELTON,
Court:TSC
For Appellee: For Appellant:
Charles W. Burson Gregory D. Smith
Attorney General & Reporter Clarksville, Tennessee
Michael E. Moore
Solicitor General
Gordon W. Smith
Associate Solicitor General
Nashville, Tennessee
Steve Garrett
Assistant District Attorney General
Clarksville, Tennessee
First Paragraph:
This case presents the question of whether a trial court
may, pursuant to Tenn. Code Ann. 55-10-403(b)(2), waive
the mandatory fine for driving under the influence (DUI) if
the defendant is found to be indigent. Because we conclude
that the court does have this authority, we reverse the
judgment of the Court of Criminal Appeals and remand the
case for further proceedings.
Judge: FRANK F. DROWOTA III JUSTICE
URL:http://www.tba.org/tba_files/TSC/SHELTOND.OPN.WP6
EARL GENE HESS, JR., Individually, and A/N/F FOR MINORS
ELIZABETH GRACE HESS and EARL GENE HESS, JR.
v.
PATRICIA LOUISE HESS
Court:TCA
EARL GENE HESS, APPELLANT, PRO SE
DAIL R. CANTRELL, WITH CANTRELL, PRATT & VARSALONA, OF
CLINTON, TENNESSEE, FOR APPELLEE
First Paragraph:
This case is a classic example of a husband's abusing the
legal process to harass his ex-wife.
Judge: Clifford E. Sanders, Sp.J.
URL:http://www.tba.org/tba_files/TCA/46HESS.OPN.WP6
ELIZABETH B. MORRISON v. RICHARD T. MORRISON
Court:TCA
DENISE S. TERRY, WITH TERRY, TERRY & STAPLETON, OF
MORRISTOWN, TENNESSEE, and D. SCOTT HURLEY, WITH HURLEY,
SHARP & ATTANASIO, OF KNOXVILLE, TENNESSEE, FOR APPELLANT
RICHARD C. JESSEE and MARK A. COWAN, WITH BACON, JESSEE,
PERKINS & SWANSON, OF MORRISTOWN, TENNESSEE, FOR APPELLEE
First Paragraph:
The Plaintiff appeals from a divorce decree insofar as it
relates to a division of marital property, alimony, child
support, and attorneys' fees. We modify the decree and
remand.
Judge: Clifford E. Sanders, Sp.J.
URL:http://www.tba.org/tba_files/TCA/46MORRIS.OPN.WP6
CAROL WAGGONER BROWDER v. RHEA R. BROWDER
Court:TCA
DAVID W. BLANKENSHIP OF KINGSPORT FOR APPELLANT
J. POLK COOLEY OF ROCKWOOD FOR APPELLEE
First Paragraph:
Carol Waggoner Browder, former wife of Rhea R. Browder,
filed a post-divorce petition seeking an increase of child
support for the parties' older son, Anker, and their younger
son, Christopher. The Trial Court found that she had not
carried the burden of showing a change in circumstance,
justifying an increase in the child support award.
Judge: Houston M. Goddard, P.J.
URL:http://www.tba.org/tba_files/TCA/BROWDERC.OPN.WP6
BETTY ANN COX, v. GENERAL MOTORS CORPORATION,
Court:TCA
STANLEY J. KLINE
Memphis, Tennessee
Attorney for Appellant
LARRY E. KILLEBREW
CHARLES F. MORROW
BAKER, DONELSON, BEARMAN & CALDWELL
Memphis, Tennessee
Attorneys for Appellee
First Paragraph:
This products liability case arises from a fire that
originated in plaintiff's car and spread to her house,
resulting in substantial personal injury and property
damage. Plaintiff filed suit against General Motors Corp.
and Courtesy Pontiac, Inc., alleging various negligence and
strict liability theories of recovery. Courtesy Pontiac
prevailed on its motion for summary judgment, and the case
went to jury trial only against General Motors. The jury
returned a verdict in favor of General Motors and judgment
was entered accordingly. Plaintiff argues on appeal that
the trial court erred in prohibiting her from pursuing
strict liability claims against defendant, in excluding
certain evidence, and in improperly instructing the jury.
For the reasons hereinafter stated, we reverse the judgment
of the court below.
Judge: HIGHERS, J.
URL:http://www.tba.org/tba_files/TCA/COX_GM.OPN.WP6
IN THE MATTER OF:
THE ESTATE OF MONICA GENE LEE- CUOZZO, DECEASED.
LOUIS GEORGE LESCE, III and DAVID J. WAYNICK, Co-Executors,
v.
WALTER CUOZZO,
Court:TCA
WALTER CUOZZO
4892 Whittier Drive
Old Hickory, Tennessee 37138
FOR PETITIONER/APPELLEE/PRO SE
David J. Waynick
WAYNICK, CATE & TAYLOR
211 Donelson Pike, Suite 2
P.O. Box 148058
Nashville, Tennessee 37214
ATTORNEY FOR RESPONDENT/APPELLANT
First Paragraph:
Walter Cuozzo, surviving spouse of Monica Gene Lee-Cuozzo,
deceased, has appealed from the judgment of the Trial Court
dismissing his Petition for Elective Share, Years Support
and Exempt Property as untimely filed.
Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION
URL:http://www.tba.org/tba_files/TCA/CUOZZO.OPN.WP6
DAVID CARL DUNCAN, v. BRENDA M. PAGE, CLERK AND MASTER,
Court:TCA
DAVID CARL DUNCAN, #99054
RMSI, Unit 2, D-208
7475 Cockrill Bend Industrial Road
Nashville, Tennessee 37209-1010
Pro Se/Plaintiff/Appellant
WILLIAM R. WRIGHT
LEAH MAY DENNEN
Office of the Law Director
Sumner County Administration Building
355 North Belvedere Drive, Room 208
Gallatin, Tennessee 37066
Attorneys for Defendant/Appellee
First Paragraph:
The plaintiff below sued the Clerk and Master of Sumner
County under Tenn. Code Ann. 26-1-207 for failing to issue
an execution. The Circuit Court of Sumner County granted
the defendants motion to dismiss under Rule 12.02(6), Tenn.
R. Civ. Proc.
Judge: BEN H. CANTRELL, JUDGE
URL:http://www.tba.org/tba_files/TCA/DUNCAND.OPN.WP6
IN THE MATTER OF:
DANNY RAY FILLINGER, JR., DOB: 6/27/89, AMY MICHELLE
FILLINGER, DOB: 6/1/90, Children Under Eighteen Years of
Age, AGAPE CHILD AND FAMILY SERVICES, INC.
v.
DANNY FILLINGER, SR. and TERESA FILLINGER,
Court:TCA
Barbara B. Johnson,
Memphis Area Legal Services, Inc., Memphis, Tennessee
Attorney for Respondents/Appellants.
Leah J. Roen, Memphis, Tennessee
Guardian Ad Litem for Danny Ray Fillinger, Jr. and Amy Michelle Fillinger,
B. R. Hester, Bartlett, Tennessee
Attorney for Petitioner/Appellee Agape Child and Family Services, Inc.
First Paragraph:
The parental rights of Danny and Teresa Fillinger to their
children, Danny Ray, Jr. and Amy Michelle, were terminated
by the Juvenile Court of Memphis and Shelby County after a
hearing on May 4, 1994. The hearing was pursuant to a
petition filed by Agape Child and Family Services, Inc.
(Agape) in whose custody the children had remained since
August 1992. The trial court granted the petition after
making the requisite statutory findings. The Fillingers
have appealed, presenting the following issues for our
review:
Judge: FARMER, J.
URL:http://www.tba.org/tba_files/TCA/FILLINGE.OPN.WP6
INDEPENDENCE ONE MORTGAGE CORPORATION,
v.
STATE AUTO INSURANCE COMPANIES, BETH BROOKS, ATTORNEY, AND
HOMER SOWELL, d/b/a H/S CONSTRUCTION,
Court:TCA
ARNOLD M. WEISS and ERICH W. MERRILL, Memphis,
Attorneys for Appellant.
BRIAN A. WAMBLE, Shuttleworth, Smith, McNabb & Williams,
Memphis, Attorney for Appellee State Auto Insurance
Companies.
JAMES L. KIRBY, Harris, Shelton, Dunlap & Cobb, Memphis,
Attorney for Appellee Beth Brooks.
First Paragraph:
Independence One Mortgage Corporation (plaintiff) has
appealed from an order of the Chancery Court of Shelby
County granting both the motion to dismiss of State Auto
Insurance Companies and the motion for summary judgment of
Beth Brooks (defendants or by name). The sole issue
presented by plaintiff on appeal is whether the trial court
erred in holding that State Auto owed plaintiff no duty to
pay it damages resulting from a breach of a construction
contract between a third party and the estate of plaintiffs
insured. We find no error and affirm.
Judge: TOMLIN, Sr. J.
URL:http://www.tba.org/tba_files/TCA/INDEPEND.MEM.WP6
STANLEY ERROLL MARLAR,v. BRENDA ANN BLAKEMAN MARLAR,
Court:TCA
Donald Arkovitz
Nashville, Tennessee
Attorney for Appellant
John M. L. Brown
Nashville, Tennessee
Attorney for Appellee
First Paragraph:
This is a post-divorce proceeding. Appellant, Brenda
Marlar, filed a petition in the Probate Court of Davidson
County, seeking to extend her rehabilitative alimony. The
trial court denied her petition. For the reasons stated
below, we affirm.
Judge: HIGHERS, J.
URL:http://www.tba.org/tba_files/TCA/MARLAR.OPN.WP6
CALVIN MCADOO, v. HERESA ANN MCADOO,
Court:TCA
R. Eddie Davidson
Nashville, Tennessee
Attorney for Appellant
Kathryn G. Brinton
Nashville, Tennessee
Attorney for Appellee
First Paragraph:
This is a divorce case. After dividing the marital
property, the trial judge ordered Husband to pay a portion
of wifes attorneys fees and rehabilitative alimony.
Husband has appealed from the trial courts judgment. For
the reasons stated below, we affirm.
Judge: HIGHERS, J.
URL:http://www.tba.org/tba_files/TCA/MCADOO.OPN.WP6
NATIONAL ADVERTISING, INC.,
v.
McCORMICK ASHLAND CITY AND NASHVILLE RAILROAD, INC., and
CHEATHAM COUNTY RAIL AUTHORITY, and McCORMICK ASHLAND CITY
AND NASHVILLE RAILROAD, INC.,
v.
CHEATHAM COUNTY RAIL AUTHORITY, et al.,
Court:TCA
JERE R. LEE
222 Second Avenue North, Suite 360-M
Nashville, Tennessee 37201
Attorney for McCormick Ashland City and Nashville Railroad, Inc.
FRANK G. ABERNATHY
1801 West End Avenue, Suite 1800
Nashville, Tennessee 37203
Attorney for Cheatham County Rail Authority
W. EDWARD RAMAGE
201 Fourth Avenue N., Suite 1700
Nashville, Tennessee 37219
Attorney for Central of Tennessee Railway and Navigation Co.
First Paragraph:
After the main issues between these parties had been decided
and affirmed on appeal, the Chancery Court of Davidson
County awarded the funds being held by the court to the
appellee, McCormick Ashland City and Nashville Railroad,
Inc. (MACO). The Cheatham County Rail Authority (CCRA) and
Central of Tennessee Railway and Navigation Company,
Incorporated (Central) appeal. We affirm.
Judge: BEN H. CANTRELL, JUDGE
URL:http://www.tba.org/tba_files/TCA/MCCORMIC.OPN.WP6
MOTORCARRIER PETROLEUM GROUP, INC., d/b/a MPG,
v.
T. R. AUTO TRUCK PLAZA, T.R. ENTERPRISES, INC., RICK LEWIS,
Individually,
Court:TCA
W. Ray Jamieson and Benjamin T. Wages, Jr., of Memphis
For Appellee
James T. Allison of Memphis
For Appellant
First Paragraph:
This case is before the Court on stipulation of the parties
for accelerated appeal pursuant to Rule 13, Rules of the
Court of Appeals. Defendant, Rick Lewis, appeals from the
order of the trial court granting summary judgment against
him and T. R. Auto Truck Plaza (T.R. Auto) to plaintiff,
Motorcarrier Petroleum Group (Motorcarrier), on its
complaint to confirm an arbitration award.
Judge: W. FRANK CRAWFORD,
URL:http://www.tba.org/tba_files/TCA/MOTORCAR.OPN.WP6
CHRISTINE BRADLEY NEBLETTE,
v.
THE CITY OF CHATTANOOGA FIREMANS AND POLICEMANS INSURANCE
AND PENSION FUND BOARD,
Court:TCA
ARVIN H. REINGOLD, P.C., Chattanooga, for Appellant.
ROBERT L. MOON, JR. and MICHAEL S. PRICHARD, Chattanooga,
for Appellee.
First Paragraph:
On remand from this court, the trial court ruled that the
plaintiff police officers disability pension payments would
commence, retroactively, as of April 14, 1992, and that the
amount of those payments would be determined pursuant to the
terms of the pension plan in effect prior to January 1,
1993. The City of Chattanooga Firemans and Policemans
Insurance and Pension Fund Board (Board) appeals, arguing
that the award should start, and be calculated, as of
February 2, 1993, under the terms of the new pension plan.
We agree with the trial courts determination that the old
plan applies to Neblettes disability; however, we find and
hold that the payments should commence as of October 15,
1992. The trial courts judgment is modified to so provide.
Judge: Charles D. Susano, Jr., J.
URL:http://www.tba.org/tba_files/TCA/NEBLETTE.OPN.WP6
FELTON M. SMITH and MARY L. SMITH
v.
AMERISURE INSURANCE COMPANY
Court:TCA
JOHN C. CAVETT, JR., OF CHATTANOOGA FOR APPELLANTS
PAUL CAMPBELL, JR., OF CHATTANOOGA FOR APPELLEE
First Paragraph:
The Plaintiffs, Felton M. Smith and his wife Mary L. Smith,
appeal for the second time the entry of a summary judgment
in favor of the Defendant Amerisure Insurance Company in
their suit seeking recovery under a fire insurance policy
issued by Amerisure.
Judge: Houston M. Goddard, P.J.
URL:http://www.tba.org/tba_files/TCA/SMITHFM.OPN.WP6
JOANNA MARTINDALE,
v.
UNION PLANTERS NATIONAL BANK,
UNION PLANTERS NATIONAL BANK,
v.
PATRICIA COX BAKER and
JEREL ALLEN COX,
and
DAN COX,
Court:TCA
FLOYD S. FLIPPIN
ADAMS, RYAL & FLIPPIN, ATTORNEYS-P.C.
Humboldt, Tennessee
Attorney for Appellants
WARREN MILLER
WILLIAM A. LING
Memphis, Tennessee
Attorneys for Appellee, Joanna Martindale
ROBERT F. MILLER
WOLFF ARDIS, P.C.
Memphis, Tennessee
Attorney for Appellee, Union Planters National Bank
S. JASPER TAYLOR, IV
Bells, Tennessee
Attorney for Appellee, Dan Cox
First Paragraph:
This is a will construction case involving the
interpretation of a testamentary trust provision.
Judge: ALAN E. HIGHERS, J.
URL:http://www.tba.org/tba_files/TCA/UNIONPLA.OPN.WP6
WESTLAND WEST COMMUNITY ASSOCIATION, BRIAN JOHN BAXTER,
GEORGE HANNYE, JAMES JOSEPH NEUTENS, MARY IRENE NEUTENS, NED
RUSSELL, AUGUST DENNIG,
v.
KNOX COUNTY, COMMISSION OF KNOX COUNTY, THOMAS M. SCHRIVER,
JIMMY S. DOSS, MAURICE W. HILL,
Court:TCA
COURTNEY N. PEARRE of BAKER, DONELSON, BEARMAN & CALDWELL,
Knoxville, for Appellants THOMAS M. SCHRIVER, JIMMY S. DOSS,
and MAURICE W. HILL
MICHAEL W. MOYERS, Senior Deputy Law Director of the KNOX
COUNTY LAW DEPARTMENT, Knoxville, for Appellants KNOX COUNTY
and COMMISSION OF KNOX COUNTY
G. W. MORTON, JR., of MORTON & MORTON, Knoxville, for
Appellees
First Paragraph:
This case involves the rezoning of some 16.8 acres of
property located in the northwest quadrant of the
intersection of Pellissippi Parkway and Westland Drive in
Knox County. The Commission of Knox County (County
Commission), the legislative branch of the government of
Knox County, rezoned the subject tract from Agricultural (A)
to Planned Commercial (PC). In response to a complaint
filed by a neighborhood association and residents of
surrounding neighborhoods, the Chancellor, following a
non-jury hearing, held that the parties who sought the
rezoning had failed to comply with T.C.A. 13-7-105. She
concluded that the rezoning was void and of no effect.
Knox County, the County Commission, and the parties seeking
to rezone the subject property, appeal, contending that the
Chancellor erred, as a matter of law, in voiding the County
Commissions decision to rezone the property. The
plaintiffs, on the other hand, urge us to sustain the
Chancellors action on the T.C.A. 13-7-105 issue. In the
alternative, they argue that the action of the County
Commission should be nullified because that body was not
authorized to act, as it admittedly did, by a single vote
passage of a resolution rather than passage on two votes of
an ordinance.
Judge: Charles D. Susano, Jr., J.
URL:http://www.tba.org/tba_files/TCA/WESTLAND.OP.WP6
CHARLES M. WHITE, v. MARY EVELYN WHITE,
Court:TCA
ATTORNEYS: N/A
First Paragraph:
ORDER ON PETITION TO REHEAR
Counsel for appellant has filed a petition to rehear based
on the statement in the courts opinion that [i]t is
undisputed that the wife did not repudiate the stipulated
agreement regarding property settlement at any time prior to
the entry of the original final decree of divorce. Counsel
takes offense at this statement and avers that he is
undertaking to check out and read several library books on
the art of effective communication because he stated
otherwise during oral argument before the court.
Judge: HIGHERS, J.
URL:http://www.tba.org/tba_files/TCA/WHITE.ORD.WP6
PAMELA M. WINTERS,
v.
ESTATE OF FRANK JONES, SR., FRANK JONES, JR., executor of
the estate of FRANK JONES, SR., deceased, FIRST AMERICAN
INSURANCE COMPANY,
Court:TCA
SHANNON D. FAULKNER, III
Suite 625, Two Centre Square
625 Gay Street
Knoxville, Tennessee 37902
Attorney for Plaintiff/Appellant
W. BRYAN BROOKS
SCOTT A. RHODES
Suite 2600, The Tower
611 Commerce Street
Nashville, Tennessee 37201
Attorney for Appellee First American Insurance Company
First Paragraph:
An injured passenger filed suit against the estate of the
driver of an automobile that collided with the bus in which
she was riding. A summons and a copy of the complaint were
served on the plaintiffs uninsured motorist carrier, in
accordance with the provisions of Tenn. Code Ann.
56-7-1206. The trial court granted summary judgment to the
insurer, on the ground that the plaintiff had failed to
obtain service on the executor within the statute of
limitations. We affirm.
Judge: BEN H. CANTRELL, JUDGE
URL:http://www.tba.org/tba_files/TCA/WINTERSP.OPN.WP6
WAYNE WRAY,
v.
ESTATE OF JAMES FRANKLIN WRAY, LEIGH ANN WRAY,
ADMINISTRATRIX,
Court:TCA
RANDY HILLHOUSE
FREEMON AND HILLHOUSE
Lawrenceburg, Tennessee
Attorney for Plaintiff/Appellant
BEN BOSTON
CHRISTOPHER V. SOCKWELL
BOSTON, BATES & HOLT
235 Waterloo Street
P. O. Box 357
Lawrenceburg, Tennessee 38464
Attorneys for Defendant/Appellee
First Paragraph:
The issue in this case is whether the documents signed when
the appellant loaned his son the money to buy an automobile
gave the appellant an enforceable security interest in the
car. The trial judge held that the appellant did not have a
security interest. We reverse.
Judge: BEN H. CANTRELL, JUDGE
URL:http://www.tba.org/tba_files/TCA/WRAYWAYN.OPN.WP6
EDWARD JEROME HARBISON, v. STATE OF TENNESSEE,
Court:TCCA
For the Appellant: For the Appellee:
W. Gerald Tidwell, Jr. Charles W. Burson
736 Georgia Avenue Attorney General of Tennessee
Chattanooga, TN 37402 and
Gordon Smith
John McClarty Assistant Attorney General of TN
18 Patten Parkway 450 James Robertson Parkway
Chattanooga, TN 37402 Nashville, TN 37243-0493
Gary D. Gerbitz
District Attorney General
and
Stanley J. Lanzo
H. C. Bright
Asst District Attorneys General
Hamilton County Justice Bldg.
Chattanooga, TN 37402
First Paragraph:
Following a jury trial in 1984, the petitioner, Edward
Jerome Harbison, was convicted of first degree murder and
sentenced to death. On direct appeal, the Tennessee Supreme
Court affirmed his conviction. State v. Harbison, 704
S.W.2d 314 (Tenn.1986). The United States Supreme Court
denied certiorari. State v. Harbison, 476 U.S. 1153, 106
S. Ct. 2261, 90 L.Ed.2d 705 (1986). The petitioner then
filed a petition for post-conviction relief raising an
abundance of issues. After an evidentiary hearing, the
trial court dismissed the application for post-conviction
relief in part on the grounds of waiver and/or previous
determination under Tenn. Code Ann. 40-30-112 [repealed]
and in part on the merits. The petitioner now appeals as of
right from this denial of post-conviction relief.
Judge: PER CURIAM
URL:http://www.tba.org/tba_files/TCCA/HARBISON.OPN.WP6
STATE OF TENNESSEE,
v.
COURTNEY B. MATHEWS, and THE NASHVILLE BANNER THE
TENNESSEAN, AND THE LEAF-CHRONICLE and MEREDITH CORPORATION
(WSMV CHANNEL FOUR NEWS)
Court:TCCA
ATTORNEYS: N/A
First Paragraph:
The defendant is charged with four counts of murder stemming
from a mass murder in Montgomery County. The state seeks
the death penalty in each murder count. At this time, jury
selection has begun. Following the medias notification to
the trial court pursuant to Tennessee Supreme Court Rule 30
that camera coverage would be sought, the defendant objected
to any cameras, either television or still, in the
courtroom. An evidentiary hearing was conducted, and the
defendant presented several witnesses on the issue. The
prosecution joined in with the defendants request that
cameras be banned.
Judge: PER CURIAM
URL:http://www.tba.org/tba_files/TCCA/MATHEWS.OP.WP6
STATE OF TENNESSEE,v RONNIE ROBERTS,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
ROGER HOOBAN CHARLES W. BURSON
P.O. Box 1483 Attorney General & Reporter
Knoxville, TN 37901
(On Appeal) DARIAN B. TAYLOR
Asst. Attorney General
EDWARD MILLER 450 James Robertson Pkwy.
District Public Defender Nashville, TN 37243-0493
SUSANNA THOMAS ALFRED C. SCHMUTZER, JR.
Asst. Public Defender District Attorney General
102 Mims Ave.
Newport, TN 37821 G. SCOTT GREEN
(At Trial) Asst. District Attorney General
125 Court Ave., Suite 301
Sevierville, TN 37862
First Paragraph:
The defendant was indicted for aggravated burglary and
misdemeanor theft. After a jury trial, he was convicted of
both offenses. At his sentencing hearing, he was determined
to be a persistent offender and was sentenced to fifteen
years on the aggravated burglary conviction, and eleven
months, twenty-nine days on the theft conviction, with the
sentences to run consecutively. The trial court also
ordered these sentences to run consecutively to a prior
sentence on a conviction in Knox County.
Judge: JOHN H. PEAY, Judge
URL:http://www.tba.org/tba_files/TCCA/RROBERTS.OPN.WP6
STATE OF TENNESSEE, v. CHARLES JERRY TALLEY,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
KEVIN W. SHEPPHERD CHARLES W. BURSON
404 Ellis Avenue Attorney General and Reporter
Maryville, TN 37804
CLINTON J. MORGAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
MIKE FLYNN
District Attorney General
EDWARD P. BAILEY, JR.
Assistant District Attorney General
Blount County Courthouse
Maryville, TN 37804
First Paragraph:
The Defendant, Charles Jerry Talley, brings this appeal as
of right pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure. He was convicted upon his guilty plea
to three misdemeanor theft charges. For these convictions,
the trial court sentenced him to three concurrent sentences
of eleven months and twenty-nine days in jail, with a
release eligibility date of thirty percent, and with
immediate eligibility for work release. The Defendants
sole issue on appeal is that the trial court erred by not
suspending his sentence and granting him probation. We
affirm the judgment of the trial court.
Judge: DAVID H. WELLES, JUDGE
URL:http://www.tba.org/tba_files/TCCA/TALLEYCJ.OPN.WP6
STATE OF TENNESSEE, v. ANSELMO BERROCALES VAZQUEZ,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
GREG EICHELMAN CHARLES W. BURSON
Public Defender Attorney General & Reporter
BILL R. BARRON RUTH A. THOMPSON
Contract Appellant Defender Attorney for the State
115 East Market St. 450 James Robertson Pkwy.
Dyersburg, TN 38024 Nashville, TN 37243-0493
(On Appeal)
C. BERKELEY BELL
JOYCE WARD District Attorney General
Asst. Public Defender
1609 College Park Dr., Box 11 ERIC D. CHRISTIANSEN
Morristown, TN 37813-1618 Asst. District AG
(At Trial) 113 West Church St.
Greeneville, TN 37743
First Paragraph:
The defendant was found guilty at a jury trial of driving
under the influence of an intoxicant (DUI), driving without
a driver license, and violation of the headlight law. For
these convictions he received sentences of eleven months and
twenty-nine days, six months, and thirty days, respectively,
to be served concurrently. His release eligibility for this
effective sentence of eleven months and twenty-nine days was
set at thirty percent.
Judge: JOHN H. PEAY, Judge
URL:http://www.tba.org/tba_files/TCCA/VAZQUEZA.OPN.WP6
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