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TBALink Opinion-Flash
May 28, 1996 -- Volume #2 -- Number #51
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.
- This Issue IN THIS ORDER:
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 02-New Opinons From TSC-Workers Comp Panel
- 12-New Opinons From TCA
- 19-New Opinons From TCCA
- 00-New Opinons From TSC
There are three ways to get the full opinion from the Web: (TBALink members only)
- Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a
plain text version of the opinion.
- *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original
WP 6.0 document. version of the opinion.
- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
Jim Moore
TBALink Co-Chief Editor
MARTHA G. MYERS, v. ALUMINUM COMPANY OF AMERICA Court: TSC (Workers Comp Panel) For the Appellant: For the Appellee: William O. Shults Donelson M. Leake Frank Q. Vettori Robert L. Bowman P.O. Box 217 Kramer, Rayson, Leake, Knoxville, TN 37901-0217 Rodgers & Morgan P.O. Box 629 Knoxville, TN 37901-0629 First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff alleged that on May 15, 1983, she injured most of her body as a result of a job-related accident. She returned to work in November 1990 and allegedly sustained two additional injuries which aggravated her pre-existing condition resulting in total disability for which she seeks benefits. The defendant generally denied that the injuries complained of were serious and denied that the plaintiff suffered any degree of disability. The trial judge ruled that the plaintiff failed to carry her burden of proof and dismissed her case. Judge: William H. Inman, Senior Judge URL:http://www.tba.org/tba_files/TSC_WCP/MYERSMG.OPN.WP6
ROBERT F. SEYMORE v.SNAP-ON TOOLS CORPORATION,
Court: TSC (Workers Comp Panel)
For the Appellant: For the Appellees:
Robert D. Van de Vuurst Howell H. Sherrod, Jr.
Steven H. Trent 249 East Main St.
207 Mockingbird Ln. Johnson City, TN 37604-5707
P.O. Box 3038
Johnson City, TN 37602
First Paragraph:
This workers' compensation appeal has been referred to the
Special Workers' Compensation Appeals Panel of the Supreme
Court in accordance with Tenn. Code Ann. 50-6-225(e)(3)
for hearing and reporting to the Supreme Court of findings
of fact and conclusions of law. Defendant, Snap-On Tools
Corporation, has appealed from the action of the trial court
in awarding plaintiff, Robert F. Seymore, 40% permanent
partial disability to each upper extremity.
Judge: Roger E. Thayer, Special Judge
URL:http://www.tba.org/tba_files/TSC_WCP/SEYMORER.OPN.WP6
WILLIAM MICHAEL ANDERTON, v. EVELYN ADELE MORGAN ANDERTON,
Court:TCA
Jack Norman, Jr., of Nashville
Thomas F. Bloom of Nashville
For Appellant
Gregory C. Tibbetts of Nashville
For Appellee
First Paragraph:
The parties to this appeal, William Michael Anderton
(Husband) and Evelyn Adele Morgan Anderton (Wife), were
divorced by decree entered July 24, 1995, as supplemented by
decree entered August 30, 1995. Husband has appealed and
presents issues pertaining only to the trial courts award
of alimony and child support.
Judge: W. FRANK CRAWFORD, PRESIDING JUDGE, W.S.
URL:http://www.tba.org/tba_files/TCA/ANDERTON.OPN.WP6
CORA H. BAXTER, et al,
v.
CARL L. BEKOFSKE, Administrator, et al,
Court:TCA
Lucy D. Strickland of Murfreesboro
For Appellees
Thomas F. Bloom of Nashville
For Appellants
First Paragraph:
Defendants, various cousins of L. R. Henry, deceased, appeal
from the judgment of the trial court declaring that
plaintiffs are L. R. Henrys nieces and nephews and are his
heirs at law.
Judge: W. FRANK CRAWFORD, PRESIDING JUDGE, W.S.
URL:http://www.tba.org/tba_files/TCA/BAXTERCO.OPN.WP6
DONNIE LEE BROWN, v. BETTY CHRISTINE BROWN,
Court:TCA
EDDIE TAYLOR
204 Court Street
P. O. Box 179
Hartsville, Tennessee 37074
FOR PLAINTIFF/APPELLEE
W. H. (STEVE) STEPHENSON, II
346 Twenty-First Avenue North
Nashville, Tennessee 37203
FOR DEFENDANT/APPELLANT
First Paragraph:
In this post-divorce decree proceeding, the wife, Betty
Christine Brown, has appealed from the judgment of the Trial
Court granting the application of the husband, Donnie Lee
Brown, for termination of periodic alimony.
Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION
URL:http://www.tba.org/tba_files/TCA/BROWNDL.OPN.WP6
ANTHONY EVANS, v. TENNESSEE BOARD OF PAROLES, et al.,
Court:TCA
ANTHONY EVANS, #132218
Turney Center - 3A/39
Route 1
Only, Tennessee 37140-9709
Pro Se/Petitioner/Appellant
CHARLES W. BURSON
Attorney General and Reporter
PATRICIA C. KUSSMANN
Assistant Attorney General
404 James Robertson Parkway
Suite 2000
Nashville, Tennessee 37243
Attorney for Respondents/Appellees
First Paragraph:
The Chancery Court of Davidson County dismissed the
appellants petition for the common law writ of certiorari
in which he sought to review the Parole Boards decision to
deny him parole.
Judge: BEN H. CANTRELL, JUDGE
URL:http://www.tba.org/tba_files/TCA/EVANSANT.OPN.WP6
RICHARD PALLMER JAHN, JR.,v. SHERYL JUNE JAHN,
Court:TCA
WILLIAM C. KILLIAN, Jasper, for Appellant
J. W. DIETZEN of DIETZEN & ATCHLEY, Chattanooga, for
Appellee
First Paragraph:
This is a divorce case. The trial court awarded Richard
Pallmer Jahn, Jr. (Husband), a divorce; granted him custody
of the parties two minor children, Madison Anne Jahn (DOB:
March 12, 1986) and Hayden Erich Jahn (DOB: July 22, 1987);
established the visitation rights of Sheryl June Jahn
(Wife); ordered Wife to pay Husband child support in the
amount of $1,892 per month; appointed the parties
co-trustees of the childrens pre-existing educational fund;
and divided the parties property. Wife appeals, arguing
that the evidence preponderates against the trial courts
custody and visitation decrees and that the court erred in
failing to treat Husbands interest in the assets of his law
partnership as a marital asset.
Judge: Susano, J.
URL:http://www.tba.org/tba_files/TCA/JAHN.OP.WP6
JOYCE KING, v. WILLIAM RAY PENDLETON,
Court:TCA
CHARLES W. BURSON, Attorney General and Reporter,
and
JENNIFER HELTON SMALL, Deputy Attorney General, Nashville,
for the State of Tennessee.
J. ARNOLD FITZGERALD, Dayton, for Defendant-Appellant.
First Paragraph:
In 1992 defendant was ordered to pay periodic child support
to the Clerk of the Court. In 1995 the District Attorney
filed a petition for contempt, alleging that the defendant
had wilfully failed and refused to comply with the orders
of the court, and alleged that the child support was in
arrears. The defendant answered the petition denying that
he had wilfully refused and neglected to provide the child
support, and further neither admits nor denies the
allegation with regard to what payments have been made or
what should have been made.
Judge: Franks. J.
URL:http://www.tba.org/tba_files/TCA/KINGJOYC.OPN.WP6
AUSTIN P. NEAL, v. MICHAEL E. ALLEN and HAROLD ALLEN,
Court:TCA
ALLEN BARNES
211 Printers Alley Building
Suite 400
Nashville, Tennessee 37201-1414
FOR APPELLANT/PRO SE
William R. Wright
Leah May Dennen
Office of the Law Director
Sumner County Administration Bldg.
355 N. Belvedere Dr., Room 208
Gallatin, Tennessee 37066
ATTORNEYS FOR APPELLEE
SUMNER COUNTY CIRCUIT COURT CLERK
First Paragraph:
The captioned parties are not participating in this appeal.
The appellant is the attorney for the plaintiff, who
appealed from a judgment against him as surety for the costs
of the captioned cause in Trial Court. The appellee is the
Trial Clerk.
Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION
URL:http://www.tba.org/tba_files/TCA/NEALAP.OPN.WP6
SUSAN ANITA RAY, v.WILLIAM FRANKLIN RAY,
Court:TCA
SHERRY B. PATY, Chattanooga, for Plaintiff-Appellee.
JAMES W. McKENZIE, Dayton, for Defendant-Appellant.
First Paragraph:
In this action the Trial Judge determined the parties had
entered into a common-law marriage, and divided the marital
assets and debts of the parties. William Ray has appealed,
insisting the actions of the Trial Court were in error.
Judge: Franks. J.
URL:http://www.tba.org/tba_files/TCA/RAYSUSAN.OP.WP6
WILLIAM ROBINSON, a/k/a BILLY C. ROBINSON,
v.
JAMES R. OMER, SR.,
Court:TCA
Winston S. Evans, Evans, Jones & Reynolds of Nashville
For Appellee
Robert L. Callis of Mt. Juliet
For Appellant
First Paragraph:
This case involves allegations of negligent
misrepresentation, outrageous conduct, and invasion of
privacy. Plaintiff William Robinson appeals from the trial
courts order granting summary judgment to defendant James
Omer as to all three claims.
Judge: W. FRANK CRAWFORD, PRESIDING JUDGE, W.S.
URL:http://www.tba.org/tba_files/TCA/ROBINSON.OPN.WP6
BEVERLY SUE SHELL, v. WILLIAM A. LAW,
Court:TCA
R. WAYNE CULBERTSON, and TIMOTHY R. WILKERSON, Kingsport,
for Appellant.
JOHN S. TAYLOR, Johnson City, for Appellee.
First Paragraph:
This is a rather bizarre case. The plaintiff brought this
action for the purpose of establishing the paternity of her
child, Adam C. Edmondson. After a jury trial, a jury
verdict was rendered finding the defendant, Mr. Law, to be
the father of Adam. Judgment was entered on the jury
verdict and this appeal resulted. We affirm the judgment of
the trial court.
Judge: McMurray, J.
URL:http://www.tba.org/tba_files/TCA/SHELLBEV.OPN.WP6
GARY WAYNE SHOEMAKER,v. DEBBIE LYNN SHOEMAKER,
Court:TCA
JACK H. BURKHARD, Greeneville, for Appellant
ROGER A. WOOLSEY, Greeneville, for Appellee
First Paragraph:
In this post-divorce case, the trial court changed the
custody of the parties minor children, James Wayne
Shoemaker (DOB: February 26, 1987) and Cody Ernest Ray
Shoemaker (DOB: January 5, 1990), from the childrens mother
to their father. Mother appeals, arguing, in effect, that
the evidence preponderates against the lower courts
judgment.
Judge: Susano, J.
URL:http://www.tba.org/tba_files/TCA/SHOEMAKE.OPN.WP6
SHERRY RENEE VAUGHN, v. ANN MARIE VAUGHN,
Court:TCA
JANICE H. SNIDER, Morristown, for appellant.
CLINTON R. ANDERSON, Morristown, for appellee.
First Paragraph:
This is a child custody case. The natural mother and the
step-mother of the child in question are the contending
parties. The child's father is deceased. After a bench
trial, the court decreed temporary custody to the
step-mother and ordered each party to submit to counseling
through Cherokee Health Systems. He further directed that
the child receive counseling.
Judge: McMurray, J.
URL:http://www.tba.org/tba_files/TCA/VAUGHNSR.OPN.WP6
STATE OF TENNESSEE, v. TOMMY ARWOOD, JR.,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN DICKEY CHARLES W. BURSON
Public Defender Attorney General & Reporter
CURTIS H. GANN MARY ANNE QUEEN
Asst. Public Defender Legal Assistant
P.O. Box 1119
Fayetteville, TN 37334 ELLEN H. POLLACK
(On Appeal) Asst. Attorney General
450 James Robertson Pkwy.
ROBERT MARLOW Nashville, TN 37243-0493
-and-
MATT Q. BASTIAN MIKE MCCOWN
Asst. Public Defenders District Attorney General
P.O. Box 1119
Fayetteville, TN 37334 GARY M. JONES
(At Trial) -and-
ROBERT C. CRIGLER
Asst. District Attorneys General
Bedford County Courthouse
Shelbyville, TN 37160
First Paragraph:
The defendant was indicted for resisting arrest, assault,
and theft of property under five hundred ($500) dollars.
The defendant was found guilty by a jury of all three
offenses. After a sentencing hearing, the trial court
sentenced the defendant to six months on the resisting
arrest charge and eleven months, twenty nine days on each of
the other two charges, with release eligibility set at
seventy-five percent. The sentences were ordered to run
consecutively.
Judge: JOHN H. PEAY, Judge
URL:http://www.tba.org/tba_files/TCCA/ARWOOD.OPN.WP6
FRANKLIN WAYNE BARNETT v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Richard F. Vaughn Charles W. Burson
1928 - 100 N. Main Attorney General and Reporter
Memphis, TN 38103
Robin L. Harris
Assistant Attorney General
450 James Robertson Parkway
John W. Pierotti
District Attorney General
Jerry Kitchen
Assistant District Attorney
201 Poplar Avenue - 3rd Floor
Memphis, TN 38103
First Paragraph:
In December of 1990, a jury convicted Appellant Franklin
Wayne Barnett of armed robbery, resulting in a sentence of
ten years imprisonment. Contemporaneously, Appellant pleaded
guilty on a separate indictment for the possession of a
controlled substance and received a three year sentence to
be served concurrently to the robbery sentence. After his
conviction was affirmed on direct appeal, State v. Barnett,
No. 02C01-9103-CR-00035, 1992 WL 44921 (Tenn. Crim. App.
March 11, 1992), perm. to appeal denied, (Tenn. 1992),
Appellant petitioned for post-conviction relief in the
Shelby County Criminal Court, alleging that he failed to
receive effective assistance of counsel in violation of the
Sixth Amendment to the United States Constitution.
Judge: JERRY L. SMITH, JUDGE
URL:http://www.tba.org/tba_files/TCCA/BARNETTF.OPN.WP6
STATE OF TENNESSEE,
v.
KENNETH PATTERSON (PAT) BONDURANT & HUGH PETER (PETE)
BONDURANT,
and CONCURRING OPINION
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Pat Bondurant: Charles W. Burson
Attorney General & Reporter
Bobby W. Sands
Rick C. Osborn Eugene J. Honea
Sands & Sands Assistant Attorney General
102 West Seventh St Criminal Justice Division
P.O. Box 1660 450 James Robertson Parkway
Columbia, TN 38402 Nashville, TN 37243-0493
Robert L. Holloway T. Michael Bottoms
Fleming,Holloway,Flynn District Attorney General
207 West Eighth Street
P.O. Box 90 Robert C. Sanders
Columbia, TN 38402 Richard Dunavant
Kymberly Lynn Anne Hattaway
Pete Bondurant: Asst. Dist. Attorneys General
250 N. Military Avenue
OF COUNSEL: Lawrenceburg, TN 38464
Shara A. Flacy
District Public Defender
209 West Madison Street
P.O. Box 1208
Pulaski, TN 38478
Robert D. Massey
Attorney at Law
P.O. Box 409
Pulaski, TN 38478
At Trial Only:
J. Russell Parkes
102 West Seventh Street
P.O. Box 692
Columbia, TN 38401-0692
First Paragraph:
A jury found the appellants, Pat and Pete Bondurant, guilty
of second degree murder. They were sentenced to twenty-five
years incarceration. On appeal, both appellants
collectively aver: (1) that the trial court erred in
refusing to grant a severance, (2) that evidence was either
insufficient or insufficiently corroborated, and (3) that
the trial court erred procedurally and substantively in its
giving of a supplemental jury instruction. Individually,
Pat Bondurant argues: (1) that prejudicial prosecutorial
misconduct occurred, and (2) that the jury verdict was
contrary to law. Additionally, Pete Bondurant individually
assigns error in allowing: (1) testimony concerning the
burning of the deceased, (2) testimony of alleged sexual
activities, (3) evidence that the appellants were a source
of drugs, and (4) evidence implying that the appellant Pete
Bondurant had a prior criminal record. We affirm.
Judge: PAUL G. SUMMERS, Judge
URL:http://www.tba.org/tba_files/TCCA/BONDURAN.OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/BONDURAN.CON.WP6
STATE OF TENNESSEE,
v.
ELTON DONALD BOWERS, a/k/a RESHID QAWWI,
Court:TCCA
For Appellant: For Appellee:
Stephen P. Spracher Charles W. Burson
Asst. Public Defender Attorney General & Reporter
227 West Baltimore
Jackson, TN 38301 Michelle L. Lehman
Counsel for the State
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Don Allen
Asst. District Attorney General
P.O. Box 2825
Jackson, TN
First Paragraph:
The defendant, Elton Donald Bowers, was convicted of
aggravated robbery and possession of a deadly weapon. The
trial court imposed concurrent, Range III sentences of
thirty and six years respectively. Thereafter, the
defendant filed a motion for a new trial which, among other
things, sought a dismissal of the possession of a weapon
conviction. The Minute Order on the motion for a new trial
indicates that the trial court dismissed the possession
conviction. In this appeal of right, the defendant claims
that the evidence is insufficient to support the aggravated
robbery conviction and argues that the sentence is
excessive.
Judge: GARY R. WADE, JUDGE
URL:http://www.tba.org/tba_files/TCCA/BOWERSED.OPN.WP6
STATE OF TENNESSEE,
v.
JAMES MONTGOMERY and TONY CARRUTHERS,
v.
MEMPHIS PUBLISHING COMPANY,
Court:TCCA
FOR THE APPELLANTS: FOR THE APPELLEE:
S. Russell Headrick Charles W. Burson
Attorney at Law Attorney General & Reporter
80 Monroe Avenue, Suite 700 450 James Robertson Parkway
Memphis, TN 38103 Nashville, TN 37243-0497
Paul E. Prather Amy L. Tarkington
Attorney at Law Assistant Attorney General
80 Monroe Avenue, Suite 700 450 James Robertson Parkway
Memphis, TN 38103 Nashville, TN 37243-0493
OF COUNSEL: John W. Pierotti
District Attorney General
Armstrong, Allen, Prewitt, 201 Poplar Avenue, 3 Floor
Gentry, Johnson & Holmes Memphis, TN 38103
Phillip Gerald Harris
Asst District AG
201 Poplar Avenue, 3 Floor
Memphis, TN 38103
J. Robert Carter
Asst District AG
201 Poplar Avenue, 3 Floor
Memphis, TN 38103
First Paragraph:
This Court granted Memphis Publishing Companys application
for an extraordinary appeal to determine whether a trial
court can bar the media from publishing the name of a
prosecution witness when the witness appears in open court
during a public trial and uses his true or given name while
testifying. In this case, the prior restraint placed upon
the name of Andre Johnson violated the rights guaranteed to
Memphis Publishing Company by the First Amendment to the
United States Constitution and Article I, 19 of the
Tennessee Constitution. Therefore, this cause is reversed
and remanded for further proceedings consistent with this
opinion.
Judge: Joe B. Jones, Presiding Judge
URL:http://www.tba.org/tba_files/TCCA/CARRUTHJ.OPN.WP6
STATE OF TENNESSEE, v. SAMUEL MYRON CARTER, JR.,
Court:TCCA
For Appellant: For Appellee:
Theresa W. Doyle Charles W. Burson
Attorney Attorney General & Reporter
211 Printer's Alley
Bldg. Suite 400 Clinton J. Morgan
Nashville, TN 37201 Counsel for the State
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
M. Don Himmelberg
Asst. District Attorney General
Washington Square, Suite 500
222 Second Avenue, North
Nashville, TN 37201-1469
First Paragraph:
The defendant, Samuel Myron Carter, Jr., was convicted of
two counts of selling .5 grams or more of cocaine. The
trial court imposed consecutive, sixteen-year sentences on
each count for an effective sentence of 32 years as a Range
II, multiple offender. The sentences were also ordered to
be served consecutively to an unrelated conviction for which
the defendant had already been incarcerated.
Judge: GARY R. WADE, JUDGE
URL:http://www.tba.org/tba_files/TCCA/CARTERSM.OPN.WP6
SAMUEL D. CURRY, v. STATE OF TENNESSEE,
Court:TCCA
For Appellant: For Appellee:
A.C. Wharton, Jr. Charles W. Burson
Shelby County PD Attorney General & Reporter
201 Poplar Avenue, 450 James Robertson Parkway
Memphis, TN 38103 Nashville, TN 37243-0493
Walker Gwinn Clinton J. Morgan
Assistant PD Counsel for the State
201 Poplar Ave. Criminal Justice Division
Memphis, TN 38103 450 James Robertson Parkway
(on appeal) Nashville, TN 37243-0493
Diane Thackery Reginald R. Henderson
Assistant PD Assistant District Attorney General
201 Poplar Ave. 201 Poplar Avenue
Memphis, TN 38103 Third Floor
(evidentiary hearing) Memphis, TN 38103
First Paragraph:
The petitioner, Samuel D. Curry, appeals the trial courts
denial of post-conviction relief. Two issues are presented
for review: (1) whether the petitioner received the
ineffective assistance of counsel; and (2) whether the
petitioner entered his guilty pleas knowingly and
voluntarily. 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/CURRYSD.OPN.WP6
STATE OF TENNESSEE, v. DERRICK K. GARRIN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
J. C. McLin Charles W. Burson
Attorney at Law Attorney General & Reporter
301 Washington Avenue, 450 James Robertson Parkway
Memphis, TN 38103 Nashville, TN 37243-0493
James F. Turner Eugene J. Honea
Attorney at Law Assistant Attorney General
301 Washington Avenue, 450 James Robertson Parkway
Memphis, TN 38103 Nashville, TN 37243-0493
John W. Pierotti
District Attorney General
201 Poplar Avenue, Third Floor
Memphis, TN 38103
Thomas D. Henderson
Asst District Attorney General
201 Poplar Avenue, Third Floor
Memphis, TN 38103
Edgar A. Peterson, IV
Asst District Attorney General
201 Poplar Avenue, Third Floor
Memphis, TN 38103
First Paragraph:
The appellant, Derrick K. Garrin, was convicted of two (2)
counts of murder in the perpetration of a felony, i.e.,
robbery, and two (2) counts of attempt to commit murder in
the second degree, a Class B felony, by a jury of his peers.
The jury sentenced the appellant to life in the Department
of Correction for both counts of felony murder. The trial
court, finding that the appellant was a standard offender,
imposed Range I sentences of nine (9) years confinement in
the Department of Correction for one count of attempt to
commit murder in the second degree and twelve (12) years
confinement in the Department of Correction in the other
count of attempt to commit murder in the second degree. The
trial court ordered that the two life sentences are to be
served concurrently. However, the sentences for attempt to
commit murder in the second degree are to be served
consecutively as well as consecutively to the two life
sentences. The effective sentence imposed was life
imprisonment plus twenty (21) years confinement in the
Department of Correction.
Judge: Joe B. Jones, Judge
URL:http://www.tba.org/tba_files/TCCA/GARRIN.OPN.WP6
NATHANIEL B. HENDERSON, v. STATE OF TENNESSEE,
Court:TCCA
For Appellant: For Appellee:
Paula Skahan Charles W. Burson
Attorney at Law Attorney General & Reporter
140 North Third St 450 James Robertson Parkway
Memphis, TN 38103 Nashville, TN 37243-0493
Christina S. Shevalier
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Reginald R. Henderson
Asst. District Attorney General
201 Poplar Avenue
Third Floor
Memphis, TN 38103
First Paragraph:
The petitioner, Nathaniel B. Henderson, appeals the trial
court's denial of post-conviction relief. Two issues are
presented for review: whether the petitioner received the
effective assistance of counsel and whether ineffective
assistance of counsel, combined with other factors, rendered
his guilty plea unknowing and involuntary.
Judge: GARY R. WADE, JUDGE
URL:http://www.tba.org/tba_files/TCCA/HENDERSN.OPN.WP6
STATE OF TENNESSEE,v. JAMES THOMAS JEFFERSON,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Jeffrey A. DeVasher Charles W. Burson
Senior Assistant PD Attorney General/Reporter
211 Union Street 450 James Robertson Parkway
Nashville, TN 37201-5066 Nashville, TN 37243-0493
(Appeal Only)
Christina S. Shevalier
Peter D. Heil Assistant Attorney General
Assistant PD 450 James Robertson Parkway
211 Union Street, Nashville, TN 37243-0493
Nashville, TN 37201-5066
(Appeal Only) Victor S. Johnson, III
District Attorney General
Karl F. Dean Washington Square, Suite 500
Metropolitan PD 222 Second Avenue, North
211 Union Street Nashville, TN 37201-1649
Nashville, TN 37201-5066
(Trial Only) Roger D. Moore
Assistant District AG
David M. Siegel Washington Square, Suite 500
Assistant PD 222 Second Avenue, North
211 Union Street Nashville, TN 37201-1649
Nashville, TN 37201-5066
(Trial Only) Cheryl A. Blackburn
Assistant District AG
Washington Square, Suite 500
222 Second Avenue, North
Nashville, TN 37201
First Paragraph:
The appellant, James Thomas Jefferson, was convicted of
murder in the first degree and sentenced to life in the
Department of Correction. Both the State of Tennessee and
the appellant filed notices of appeal, and they both have
presented issues for this Court to review.
Judge: Joe B. Jones, Judge
URL:http://www.tba.org/tba_files/TCCA/JEFFRSJT.OPN.WP6
STATE OF TENNESSEE, v. RICKEY DALE LAWSON,
Court:TCCA
For the Appellant: For the Appellee:
Dicken E. Kidwell Charles W. Burson
Attorney at Law Attorney General and Reporter
300 East Vine Street
Murfreesboro, TN 37130 Ellen H. Pollack
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
William C. Whitesell, Jr.
District Attorney General
Third Floor, Judicial Building
Murfreesboro, TN 37130
First Paragraph:
The appellant, Rickey Dale Lawson, appeals from a judgment
of conviction entered by the Circuit Court of Rutherford
County. The appellant pled guilty to DUI, third offense,
reserving the right to appeal as a certified question of law
the trial courts denial of his motion to suppress. See
Tenn. R. Crim. P. 37(b)(2). The appellant contends that the
police lacked reasonable suspicion, required under the
Fourth Amendment of the United States Constitution and
Article I, Section 7 of the Tennessee Constitution, to
conduct an investigatory stop of his vehicle.
Judge: David G. Hayes Judge
URL:http://www.tba.org/tba_files/TCCA/LAWSONRD.OPN.WP6
STATE OF TENNESSEE, v. TERRENCE LIDDLE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
TERRENCE S. LIDDLE, #243813, CHARLES W. BURSON
Pro se Attorney General & Reporter
R.M.S.I., U-6-A-108
7475 Cockrill Bend Ind. Rd. MICHELLE L. LEHMANN
Nashville, TN 37209-1010 Attorney for the State
450 James Robertson Pkwy.
Nashville, TN 37243-0493
TOM P. THOMPSON
District Attorney General
111 Cherry St.
Lebanon, TN 37087
First Paragraph:
The petitioner was indicted, in a single indictment, for six
separate counts of aggravated sexual battery. He entered a
guilty plea to count one, and as part of the plea agreement
the remaining counts were nollied. The petitioner filed a
petition requesting expungement of the public records in
connection with the dismissed counts. This petition was
denied by the trial court without a hearing.
Judge: JOHN H. PEAY, Judge
URL:http://www.tba.org/tba_files/TCCA/LIDDLETS.OPN.WP6
STATE OF TENNESSEE, v. HENRY LEE MARTIN,
Court:TCCA
For the Appellant: For the Appellee:
Jeffrey A. DeVasher Charles W. Burson
Sr Asst Public Defender Attorney General of Tennessee
1202 Stahlman Bldg. and
Nashville, TN 37201 Charlotte H. Rappuhn
(ON APPEAL) Asst Attorney General of TN
450 James Robertson Parkway
Kathryn E. Barnett Nashville, TN 37243-0493
Assistant Public Defender
and Victor S. Johnson, III
Ross Alderman District Attorney General
Deputy Public Defender and
1202 Stahlman Bldg. Ron Miller
Nashville, TN 37201 Asst District Attorney General
(AT TRIAL) 222 2nd Avenue North
Nashville, TN 37201-1649
Asst District Attorney General
102 Metro Courthouse
Nashville, TN 37201
First Paragraph:
The defendant, Henry Lee Martin, appeals as of right from
his conviction by a jury in the Davidson County Criminal
Court for especially aggravated robbery, a Class A felony.
He was sentenced as a Range I, standard offender to
twenty-two years in the custody of the Tennessee Department
of Correction and fined five thousand dollars. The
defendant contends that:
(1) the trial court erred by denying his motion to suppress
the identification testimony of the eyewitnesses due to
unnecessarily suggestive pretrial identification procedures;
(2) the evidence is insufficient to support his especially
aggravated robbery conviction;
(3) the trial court erred by allowing the state to present
testimony in rebuttal concerning a defense witness' prior
inconsistent statements because the defense witness was
not afforded an opportunity to explain or deny the alleged
statements;
(4) the trial court imposed an excessive sentence.
We hold that the evidence is sufficient and that reversible
error does not exist.
Judge: Joseph M. Tipton Judge
URL:http://www.tba.org/tba_files/TCCA/MARTINHL.OPN.WP6
STATE OF TENNESSEE, v. CARL SHANE MATTOX,
Court:TCCA
For Appellant: For Appellee:
Gerald L. Melton Charles W. Burson
District Public Defender Attorney General & Reporter
Jeannie Kaess Charlotte H. Rappuhn
Asst. Public Defender Assistant Attorney General
201 West Main Street Criminal Justice Division
Court Square Bldg. 450 James Robertson Parkway
Murfreesboro, TN 37130 Nashville, TN 37243-0493
Guy R. Dotson
District Attorney General
and
William C. Whitesell, Jr.
Asst. Dist. Attorney General
3rd Floor, Judicial Bldg.
Murfreesboro, TN 37130
First Paragraph:
The defendant, Carl Shane Mattox, appeals from his
conviction of especially aggravated robbery. The trial
court imposed a Range I sentence of twenty-five years. The
only issue presented for our review is whether the evidence
was sufficient to support his conviction.
Judge: GARY R. WADE, JUDGE
URL:http://www.tba.org/tba_files/TCCA/MATTOX.OPN.WP6
STATE OF TENNESSEE,v. GREGORY LYNN MCFADDEN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
George Morton Googe Charles W. Burson
District Public Defender Attorney General & Reporter
227 W. Baltimore Street
Jackson, TN 38301 Michelle L. Lehmann
(On Appeal) Assistant Attorney General
Criminal Justice Division
J. Colin Morris 450 James Robertson Parkway
200 West Baltimore Nashville, TN 37243-0493
Jackson, TN 38301
(At Trial) Jerry Woodall
District Attorney General
Nick Nicola
Asst. Dist. Attorney General
Lowell Thomas State Office Bldg.
Jackson, TN 38301
First Paragraph:
The appellant, Gregory Lynn McFadden, was convicted by a
jury of two counts of felonious possession of cocaine and
one count each of possession of marijuana and drug
paraphernalia. In this appeal, he raises two issues for
review: (1) whether the evidence is sufficient to support
the verdict, and (2) whether the trial court should have
granted a mistrial due to the states alleged failure to
furnish exculpatory evidence to the defense. We affirm the
convictions.
Judge: PAUL G. SUMMERS, Judge
URL:http://www.tba.org/tba_files/TCCA/MCFADDEN.OPN.WP6
GEORGE GARY PICKLE, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Linda Holmes Charles W. Burson
100 North Main, Suite 2003 Attorney General & Reporter
Memphis, TN 38103
Hunt S. Brown
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
John W. Pierotti
District Attorney General
Johnny McFarland
Asst. Dist. Attorney General
201 Poplar Avenue, Third Floor
Memphis, TN 38103
First Paragraph:
The petitioner, George Gary Pickle, was convicted following
a jury trial of robbery with a deadly weapon and two counts
of grand larceny. He filed a pro se petition for
post-conviction relief which, following the appointment of
counsel and a hearing, was denied. In this appeal, the
petitioner raises three issues for review. First, he claims
that he was denied the effective assistance of counsel.
Secondly, the appellant argues that the actions of the trial
judge violated his rights of due process and to a fair
trial. Finally, he asserts that the post conviction court
failed to follow the mandates of Tenn. Code Ann. 40-30
118(b). We affirm the dismissal of the petition.
Judge: PAUL G. SUMMERS, Judge
URL:http://www.tba.org/tba_files/TCCA/PICKLEGG.OPN.WP6
STATE OF TENNESSEE, v. CHARLES A. PINKHAM, JR.,
Court:TCCA
For the Appellant: For the Appellee:
Larry Rice Charles W. Burson
44 North Second Street Attorney General and Reporter
Tenth Floor
Memphis, TN 38103 John Patrick Cauley
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
John W. Pierotti
District Attorney General
Judson Phillips and Lee Coffee
Asst. District Attorneys General
Criminal Justice Complex, 3rd Fl
201 Poplar
Memphis, TN 38103
First Paragraph:
The appellant, Charles A. Pinkham, Jr., pursuant to Rule 10,
Tenn. R. App. P., appeals from the decision of the trial
court affirming the district attorney general's denial of
his application for pretrial diversion. The appellant seeks
to divert the offenses of falsely representing himself as a
lawyer, Tenn. Code Ann. 23-3-108 (1994), a class E felony;
impersonating a licensed professional, Tenn. Code Ann.
39-16-302 (1991), a class E felony; and aggravated perjury,
Tenn. Code Ann. 39-16-703 (1991), a class D felony. In
this interlocutory appeal, the appellant presents two
issues. First, the appellant challenges the trial court's
finding that the district attorney general did not abuse his
discretion in denying diversion. Next, the appellant
contends that the trial court erred by refusing to exclude
certain evidence from consideration for the purposes of
pretrial diversion and writ of certiorari hearing.
Judge: David G. Hayes Judge
URL:http://www.tba.org/tba_files/TCCA/PINKHAMC.OPN.WP6
STATE OF TENNESSEE,v. GREGORY TURNER,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Tom W. Crider Charles W. Burson
District Public Defender Attorney General & Reporter
Periann S. Houghton Clinton J. Morgan
Assistant Public Defender Counsel for the State
107 S. Court Square Criminal Justice Division
Trenton, TN 38382 450 James Robertson Parkway
Nashville, TN 37243-0493
Clayburn L. Peeples
District Attorney General
Garry Brown
Asst. Dist. Attorney General
109 East First Street
Trenton, TN 38382
First Paragraph:
A jury found the appellant, Gregory Turner, guilty of rape.
He was sentenced to ten years confinement. On appeal, he
argues: (1) that the evidence was insufficient to sustain
his conviction, (2) that there was no medical proof of
penetration, and (3) the jury's finding was contrary to
scientific evidence. We affirm the trial court's judgment.
Judge: PAUL G. SUMMERS, Judge
URL:http://www.tba.org/tba_files/TCCA/TURNERGR.OPN.WP6
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