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TBALink Opinion-Flash
July 15, 1996 -- Volume #2 -- Number #61
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:
- 01-New Opinons From TSC
- 06-New Opinons From TSC-Rules
- 10-New Opinons From TSC-Workers Comp Panel
- 30-New Opinons From TCA
- 22-New Opinons From TCCA
- 01-New Opinons From TSC
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TBALink Chief Editor
STATE OF TENNESSEE v. DAVID KEEN Court:TSC ATTORNEY: N/A First Paragraph: OPINION ON PETITION TO REHEAR On May 23, 1994, this Court affirmed petitioner's conviction for first-degree murder and remanded the cause for re sentencing. Judge: PER CURIAM URL:http://www.tba.org/tba_files/TSC/KEEND.ORD.WP6
AMENDED ORDER AND SUPPLMEMENTAL ORDER ESTABLISHING STATEWIDE
COMMISSION ON FOSTER CARE
Court:TSC (Rules)
ATTORNEY: N/A
First Paragraph:
The order entered May 30, 1996, establishing the Statewide
Commission on Foster Care is hereby vacated, and the
following order is hereby published.
In 1993, as part of the Omnibus Budget Reconciliation Act,
Congress authorized federal funding for grants to state
court systems to assist them in performing their roles in
the continuum of care provided to children and families at
risk. The purpose of the program, which is administered
through the Administrative Office of the Courts of the
Tennessee Supreme Court, is to evaluate how state courts
function with respect to cases involving allegations of
abuse and neglect and to make improvements.
Judge: ADOLPHO A. BIRCH, JR., Chief Justice
URL:http://www.tba.org/tba_files/TSC_RULES/FOSTERAM.ORD.WP6
IN RE: AMENDMENT TO RULE 28, RULES OF THE SUPREME COURT
Court:TSC (Rules)
ATTORNEY: N/A
First Paragraph:
Rule 28 of the Tennessee Supreme Court Rules is hereby
amended in the following respects:
Judge: ADOLPHO A. BIRCH, JR., Chief Justice
URL:http://www.tba.org/tba_files/TSC_RULES/RUL28AMD.ORD.WP6
IN RE: AMENDMENT TO RULE 4, TENNESSEE COURT OF CRIMINAL
APPEALS
Court:TSC (Rules)
ATTORNEY: N/A
First Paragraph:
Pursuant to Rule 45, Tennessee Rules of Appellate Procedure,
it is hereby ordered that Rule 4 of the Tennessee Court of
Criminal Appeals is amended by striking subsection (b) and
substituting in its place and stead the following:
Judge: PER CURIAM
URL:http://www.tba.org/tba_files/TSC_RULES/RUL4AMD.ORD.WP6
IN RE: AMENDMENTS TO COURT RULES
Court:TSC (Rules)
ATTORNEY: N/A
First Paragraph:
ORDER
The Court hereby amends its Order entered January 18, 1996,
by withdrawing its amendment to Rule 8.04, Tennessee Rules
of Civil Procedure.
Judge: Frank F. Drowota, III
URL:http://www.tba.org/tba_files/TSC_RULES/RUL8AMD.ORD.WP6
IN RE: AMENDMENT TO RULE 9, SECTION 6.1 RULES OF THE
SUPREME COURT OF TENNESSEE
Court:TSC (Rules)
ATTORNEY: N/A
First Paragraph:
Rule 9, Section 6.1 is amended by deleting Section 6.1 in
its entirety and substituting in its place the following:
Judge: Adolpho A. Birch, Jr., Chief Justice
URL:http://www.tba.org/tba_files/TSC_RULES/RUL9AMD.ORD.WP6
IN RE: PETITION TO AMEND SUPREME COURT RULE 9, SECTIONS
5.1 AND 5.3 PERTAINING TO ADDING LAYPERSONS AS MEMBERS OF
THE BOARD OF PROFESSIONAL RESPONSIBILITY
Court:TSC (Rules)
ATTORNEY: N/A
First Paragraph:
The Board of Professional Responsibility has filed a
petition in this Court proposing an amendment to Rule 9,
Sections 5.1 and 5.3. The effect of these amendments would
be to add a layperson from each grand division to the Board.
Judge: ADOLPHO A. BIRCH, JR., Chief Justice
URL:http://www.tba.org/tba_files/TSC_RULES/RUL9HEAR.ORD.WP6
BILLY CLEVINGER,v. BURLINGTON MOTOR CARRIERS,INC.,
w/JUDGMENT ORDER
Court: TSC (Workers Comp Panel)
For the Appellant: For the Appellee:
Heiskell H. Winstead Timothy W. Conner
205 Highway 66, South LEITNER, WARNER, MOFFITT,
Suite 101 WILLIAMS, DOOLEY,
Rogersville, TN 37857 CARPENTER & NAPOLITAN
1130 First American Center
507 S. Gay Street
Knoxville, TN 37902
First Paragraph:
This workers compensation appeal from the Hawkins County
Circuit Court has been referred to the Special Workers
Compensation Appeals Panel of the Supreme Court in
accordance with Tennessee Code Annotated Section
50-6-225(e)(3) (1995 Supp.) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.
For the reasons set forth below, we affirm the judgment of
the trial court.
Judge: White, Justice
URL:http://www.tba.org/tba_files/TSC_WCP/CLEVINGE.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/CLEVINGE.JUD.WP6
SHERRY LAWRENCE,
v.
ERIN TRUCKWAYS, LTD. d/b/a DIGBY TRUCK LINE, INC., and THE
TRAVELERS INSURANCE COMPANY,
w/JUDGMENT ORDER
Court: TSC (Workers Comp Panel)
For the Appellants: For the Appellee:
Ritchie Pigue Stephen K. Heard
William G. McCaskill Stewart, Estes & Donnell
Taylor, Philbin, Pigue,
Marchetti & Bennett SunTrust Center, 14th Floor
One Union St. 424 Church St.
P.O. Box 198169 Nashville, TN 37219-2392
Nashville, TN 37219-8169
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 trial court awarded
plaintiff 100% permanent vocational disability. Defendants
challenge the trial courts finding of permanent impairment
and the trial courts finding of 100% permanent vocational
disability.
Judge: BYERS, Senior Judge
URL:http://www.tba.org/tba_files/TSC_WCP/LAWRENCE.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/LAWRENCE.JDG.WP6
TREVA MILAN,
v.
QUEBECOR PRINTING (U.S.A.) GROUP and LUMBERMENS MUTUAL
CASUALTY COMPANY,
w/JUDGMENT ORDER
Court: TSC (Workers Comp Panel)
For the Appellant: For the Appellee:
Lauren S. Disspayne Steve R. Darnell
Richard C. Mangelsdorf, Jr. 101 North Third Street
Gregory H. Oakley Clarksville, TN 37040
2300 First American Center
Nashville, TN 37238
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. Plaintiff injured her arms
and wrists while working for defendant in April 1994. The
trial judge awarded her 35 percent permanent partial
disability to each upper extremity.
Judge: BYERS, Senior Judge
URL:http://www.tba.org/tba_files/TSC_WCP/MILAN.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/MILAN.JUD.WP6
MARY CHARMAGNE PERDUE,
v.
NATIONAL HEALTHCORP, L.P., or NATIONAL HEALTH CORPORATION,
or NHC, INC., and/or COLUMBIA HEALTH CARE,
w/JUDGMENT ORDER
Court: TSC (Workers Comp Panel)
For Appellant: For Appellee:
Debra A. Wall Billy C. Jack
Clarksville, Tennessee Columbia, Tennessee
Gary A. Gober
Nashville, Tennessee
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. section
50-6-225(e)(3) for hearing and reporting of findings of fact
and conclusions of law. In this appeal, the employee or
claimant, Perdue, contends (1) that the evidence
preponderates against the trial judge's finding that she
failed to give the required notice of a claimed injury by
accident occurring on January 23, 1993, (2) that the said
injury was suffered within the course and scope of
employment with the defendant, and (3) that she is entitled
to compensation for an injury on April 3, 1994. The panel
concludes that the judgment awarding benefits for an injury
by accident arising out of and in the course of the
claimant's employment in August of 1994 should be affirmed.
Judge: Loser, Judge
URL:http://www.tba.org/tba_files/TSC_WCP/PERDUE.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/PERDUE.OPN.WP6
ROBIN SLOAN, v. BRIDGESTONE/FIRESTONE, INC.,
w/JUDGMENT ORDER
Court: TSC (Workers Comp Panel)
For Appellant: For Appellee:
Michael Lee Parsons David W. Martalla
Gracey, Ruth, Howard, Tate & Sowell McMinnville, Tennessee
Nashville, Tennessee
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. section
50-6-225(e)(3) for hearing and reporting of findings of fact
and conclusions of law. In this appeal, the employer
contends that the award of disability benefits is excessive;
and the employee contends the trial court erred in finding
that she did not suffer a disabling work-related neck
injury. The panel has concluded that the judgment should be
modified as provided herein.
Judge: Loser, Judge
URL:http://www.tba.org/tba_files/TSC_WCP/SLOAN.OPN.WP6
URL:http://www.tba.org/tba_files/TSC_WCP/SLOAN.JUD.WP6
ASHAD RASHAD ABDULLAH ALI,
v.
ERIC HARDISON, PAULETTE DAVIS, MARSHALL COOPER, DAVID MILLS,
DONAL CAMPBELL,
Court:TCA
ASHAD RASHAD ABDULLAH ALI, Pro Se
RSMI (Unit #1/B/107)
7475 Cockrill Bend Industrial Road
Nashville, Tennessee 37243
CHARLES W. BURSON
Attorney General and Reporter
KYLE P. SOWELL
Assistant Attorney General
Civil Rights and Claims Division
404 James Robertson Parkway, Suite 2000
ATTORNEYS FOR RESPONDENTS/APPELLEES
First Paragraph:
This is an appeal by petitioner/appellant, Ashad Rashad
Abdullah Ali, from the trial court's judgment dismissing
his petition for writ of certiorari. The petition sought a
review of a disciplinary action taken by the Tennessee
Department of Correction ("TDOC") against petitioner. The
chancery court determined that petitioner filed his petition
in the wrong court and that, as a result, it did not have
jurisdiction to entertain the petition. Therefore, the
court, sua sponte, dismissed the petition for lack of
jurisdiction.
Judge: SAMUEL L. LEWIS, JUDGE
URL:http://www.tba.org/tba_files/TCA/ALIASHAD.OPN.WP6
MARJORIE HOPE BING and husband, WILLIAM BING,
v.
BAPTIST MEMORIAL HOSPITAL, UNION CITY,
Court:TCA
T. ROBERT HILL and RANDALL J. PHILLIPS, Hill Boren, P.C.,
Jackson,
WILLIAM B. RAIFORD, III, Merkel & Cocke, Clarksdale,
Mississippi,
Attorneys for Plaintiffs/Appellants.
JAMES L. KIRBY and JAMES R. GARTS, JR., Harris, Shelton,
Dunlap and Cobb, L.L.P.C., Memphis,
Attorneys for Defendants/Appellees.
First Paragraph:
In this medical malpractice case, Marjorie Hope Bing and
William Bing (plaintiffs), residents of Obion County,
filed suit in the Circuit Court of Shelby County against Dr.
Thomas Hodgkiss, Pri-Med, Inc., and Baptist Memorial
Hospital Union City (defendants or by name) seeking
damages for injuries Marjorie Bing sustained while being
treated by Dr. Hodgkiss at Baptist. After defendant
Baptist filed a motion to dismiss for improper venue,
plaintiffs voluntarily dismissed their suit against Baptist.
After plaintiffs refiled their action against defendant
Baptist in Shelby County, the trial court granted Baptists
motion to dismiss on the grounds of improper venue.
Judge: TOMLIN, Sr. J.
URL:http://www.tba.org/tba_files/TCA/BINGMH.OPN.WP6
RAY DEAN BURGESS,
v.
ANTHONY S. HARLEY,
and
PUTNAM COUNTY HIGHWAY DEPARTMENT and PUTNAM COUNTY, A BODY
POLITIC,
w/CONCURRING OPINION
Court:TCA
For the Plaintiff/Appellant: For the Defendants/Appellees:
Ernest C. Onks, Sr. Daniel H. Rader, III
Cookeville, Tennessee Moore, Rader, Clift
& Fitzpatrick
Cookeville, Tennessee
Ronald Thurman
Cookeville, Tennessee
First Paragraph:
This appeal arises from a collision in which a motorist was
injured when his vehicle was struck by a pickup truck that
had entered an intersection without stopping at a stop sign.
The injured motorist filed suit in the Circuit Court for
Putnam County against the truck driver for failing to stop
and against Putnam County for creating and maintaining a
dangerous intersection. The trial court granted summary
judgment for the county, and the injured motorist appealed.
We have determined that Putnam County did not demonstrate
that it is entitled to a judgment as a matter of law and,
therefore, we vacate the summary judgment and remand the
case.
Judge: WILLIAM C. KOCH, JR
URL:http://www.tba.org/tba_files/TCA/BURGESSR.OPN.WP6
URL:http://www.tba.org/tba_files/TCA/BURGESSR.CON.WP6
LINDA ANN CARLTON, v. JAMES THOMAS CARLTON,
Court:TCA
HAROLD F. JOHNSON, Jackson, Attorney for Plaintiff/Appellee.
PAT H. MANN, Jr., Brownsville, Attorney for Defendant/Appellant.
First Paragraph:
This current litigation is what we shall call economic
fallout from an earlier domestic relations case. Linda Ann
Carlton (plaintiff) filed suit for divorce in 1990 from
James Thomas Carlton (defendant) in the Chancery Court of
Haywood County. In October 1991, the chancellor granted
plaintiff a divorce from defendant on the grounds of cruel
and inhuman treatment, awarded joint custody of the parties
28 year-old handicapped daughter, Donna, with the principal
place of residence with plaintiff, divided the parties
marital property, and awarded rehabilitative alimony and
attorneys fees to plaintiff.
Judge: TOMLIN, Sr. J.
URL:http://www.tba.org/tba_files/TCA/CARLTONL.OPN.WP6
Cheryl Annette Carr,
v.
Ozburn-Hessey Storage Co. and Conrad Anthony Guffy,
Court:TCA
JOSEPH M. DALTON, JR.
222 Second Avenue North
Suite 350M
Nashville, Tennessee 37201
ATTORNEY FOR PLAINTIFF/APPELLANT
DAVID J. PFLAUM
Watkins, McGugin, McNeilly & Rowan, P.L.L.C.
214 2nd Ave. North, Suite 300
Nashville, Tennessee 37201-1638
ATTORNEY FOR DEFENDANTS/APPELLEES
First Paragraph:
This is an appeal by plaintiff/appellant, Cheryl Annette
Carr, from a decision of the trial court granting summary
judgment in favor of defendants/appellees, Ozburn-Hessey
Storage Co. and Conrad Anthony Guffy.
Judge: SAMUEL L. LEWIS, JUDGE
URL:http://www.tba.org/tba_files/TCA/CARRCA.OPN.WP6
ROBERT DALE COBB, v. DOUGLAS R. BEIER,
w/DISSENTING OPINION
Court:TCA
J. RANDALL SHELTON, Morristown, for Plaintiff-Appellant.
JAMES M. DAVIS, Morristown, for Defendant-Appellee.
First Paragraph:
The determinative issue on appeal is whether the appeal
should be dismissed because the appellant did not file
notice of the appeal with the clerk of the appellate court
designated in the notice of appeal.
Judge: Franks. J.
URL:http://www.tba.org/tba_files/TCA/COBBRD.OPN.WP6
URL:http://www.tba.org/tba_files/TCA/COBBRD.DIS.WP6
COMPREHENSIVE ENGINEERING ASSISTANCE ASSOCIATION, INC.,
v.
STATE OF TENNESSEE, DEPARTMENT OF LABOR AND AL BODIE,
COMMISSIONER OF THE DEPARTMENT OF LABOR, IN HIS OFFICIAL
CAPACITY,
Court:TCA
Carl W. Eshbaugh
ESHBAUGH, SIMPSON AND VARNER
1776 Riverview Tower
900 S. Gay Street
Knoxville, Tennessee 37902
ATTORNEY FOR PLAINTIFF/APPELLANT
CHARLES W. BURSON
Attorney General & Reporter
MICHELLE K. HOHNKE
Assistant Attorney General
General Civil Division
404 James Robertson Parkway
Suite 1510
Nashville, Tennessee 37243-0499
FOR DEFENDANTS/APPELLEES
First Paragraph:
The captioned plaintiff has appealed from an order of the
Trial Court reading as follows: This matter came to be heard
on June 2, 1995, upon the motion to dismiss filed on behalf
of the defendants, Tennessee Department of Labor and Al
Bodie, Commissioner of the Tennessee Department of Labor.
Upon consideration of the pleadings filed and the argument
of counsel, the Court finds that this matter should be
dismissed on the basis that the Court lacks jurisdiction as
the petition for judicial review was not filed within sixty
days of the final agency action as required by T.C.A.
4-5-322.
Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION
URL:http://www.tba.org/tba_files/TCA/COMP.OPN.WP6
DICKSON COUNTY, TENNESSEE
v.
BOMAR CONSTRUCTION CO., INC. and UNITED STATES FIDELITY AND
GUARANTY COMPANY,
Court:TCA
ALLAN KERNS
Dickson, Tennessee
ATTORNEY FOR PLAINTIFF/APPELLEE,
DON SMITH
Nashville, Tennessee
ATTORNEY FOR DEFENDANTS/APPELLANTS
First Paragraph:
The Defendant, Bomar Construction Company, Inc., (hereafter
Bomar) has presented this appeal under TRAP Rule 9 from an
interlocutory order of the Trial Court overruling Bomars
motion to dismiss its claim to arbitration as required by
the contract of the parties.
Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION
URL:http://www.tba.org/tba_files/TCA/DICKSONC.OPN.WP6
JO ANNE SMITH DWIGHT (REDDITT),v. GREGORY SCOTT DWIGHT,
Court:TCA
Gerald F. Easter of Memphis For Appellant
Valerie T. Corder of Memphis For Appellee
First Paragraph:
Jo Anne Smith Dwight Redditt (Wife) appeals the trial
courts order denying her petition to modify the parties
final decree of divorce to increase child support payments
by Gregory Scott Dwight (Husband).
Judge: W. FRANK CRAWFORD PRESIDING JUDGE
URL:http://www.tba.org/tba_files/TCA/DWIGHTJ.OPN.WP6
STATE OF TENNESSEE ex rel
CAROLYN D. SMITH,
v.
EDWARD LEE EARLY,
Court:TCA
JON S. JABLONSKI
2400 Crestmoor Road
Suite 321
Nashville, Tennessee 37215
ATTORNEY FOR DEFENDANT/APPELLANT
CHARLES W. BURSON
Attorney General & Reporter
JAMES H. TUCKER, JR.
Assistant Attorney General
404 James Robertson Parkway
Suite 1510, Parkway Towers
Nashville, Tennessee 37243-0499
ATTORNEY FOR PLAINTIFF/APPELLEE
First Paragraph:
This is an appeal brought by respondent/appellant, Edward
Lee Early, from a judgment of the trial court ordering him
to pay future and retroactive child support. The pertinent
facts are as follows.
Judge: SAMUEL L. LEWIS, JUDGE
URL:http://www.tba.org/tba_files/TCA/EARLYEL.OPN.WP6
EVERETT EDWARDS and wife, KAREN EDWARDS,
v.
ROY BRUCE and wife, JOANNE BRUCE,
Court:TCA
Arthur E. McClellan
of MeClellan, Powers, Ehmling & Dix
of Gallatin, For Appellants
Ronald B. Buchanan of Hendersonville
For Appellees
First Paragraph:
This appeal involves a suit alleging claims of negligent
misrepresentation, fraudulent misrepresentation, and
violation of the Tennessee Consumer Protection Act, T.C.A.
47-18-101 (1995), et seq., arising out of the sale of
certain improved real property in Gallatin, Tennessee. The
facts are as follows.
Judge: W. FRANK CRAWFORD, PRESIDING JUDGE, W.S.
URL:http://www.tba.org/tba_files/TCA/EDWARDSE.OPN.WP6
PORTIA GOBEL,v.ESTATE OF RUPERT NEWMAN, DECEASED,
Court:TCA
RANDY S. CHAFFIN
CAMERON AND CAMERON
100 S. Jefferson Avenue
Cookeville, Tennessee 38501
Attorney for Plaintiff/Appellant
JEFFREY G. JONES
BARNES & ACUFF
100 S. Jefferson Avenue
Cookeville, Tennessee 38501-3424
Attorney for Defendant/Appellee
First Paragraph:
The Probate Court of Putnam County dismissed a claim against
the estate of Rupert O. Newman because the claimant lacked
standing to make the claim. We affirm.
Judge: BEN H. CANTRELL, JUDGE
URL:http://www.tba.org/tba_files/TCA/GOBELP.OPN.WP6
KATHERYN MALLON GUESS, v. CAROL WINFRED (C.W.) GUESS, M.D.
Court:TCA
Mary Francis Lyle
BRUCE, WEATHERS, CORLEY, DUGHMAN & LYLE
Nashville, Tennessee
ATTORNEY FOR PLAINTIFF/APPELLANT,
John W. Nolan, III
MARY ARLINE EVANS
Nashville, Tennessee
ATTORNEY FOR DEFENDANT/APPELLEE
First Paragraph:
In this post-divorce proceeding, the
Plaintiff-ex-wife-mother has appealed from an unsatisfactory
disposition of issues between the parties regarding child
support and visitation.
Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION
URL:http://www.tba.org/tba_files/TCA/GUESSKM.OPN.WP6
EDWARD G. HUMPHREYS, JR.,
v.
JAMES ROBERT HUMPHREYS and DIANE HUMPHREYS-BARLOW,
Court:TCA
Glen G. Reid, Jr., and Robert A. McLean of
McDonnell Dyer, Memphis, For Appellee
Stephen P. Hale and Richard R. Roberts of Memphis
For Appellants
First Paragraph:
This is a suit for contribution. On February 22, 1993,
Edward G. Humphreys, Jr., (hereinafter, Plaintiff) filed
a complaint in the Shelby County Chancery Court against his
brother, James Robert Humphreys, and his sister, Diane
Humphreys-Barlow (hereinafter, Defendants), to recover
their pro-rata share of the cost and expenses incurred in
cleaning up fuel contamination on real property that
Plaintiff and Defendants had owned as tenants-in-common and
had sold. Following a bench trial, the trial court found
that Defendants were liable to Plaintiff for their pro-rata
share of the total expense of $68,481.00, including ten
percent interest, that Plaintiff had incurred to remediate
the contamination on the property in question.
Judge: W. FRANK CRAWFORD, PRESIDING JUDGE, W.S.
URL:http://www.tba.org/tba_files/TCA/HUMPHRYE.OPN.WP6
IN RE: MITCHELL GREER LOTT
DANNY M. HIGHTOWER, JR., v. AMY LOTT,
Court:TCA
R. Porter Feild, Burch, Porter &
Johnson of Memphis, For Appellant
Michael F. Pleasants of Memphis
For Appellee
First Paragraph:
This appeal involves a petition to legitimate and change the
surname of a minor child, Mitchell Greer Lott.
Respondent-appellant, Amy L. Lott, appeals from the order of
the Shelby County Juvenile Court that, inter alia, changed
the childs surname to Hightower. The facts are undisputed.
Judge: CRAWFORD, J.
URL:http://www.tba.org/tba_files/TCA/LOTTAMY.OPN.WP6
SCOTT McCLUEN
v. THE ROANE COUNTY TIMES, INC.,
d/b/a THE STANDARD, and GERALD LARGEN
Court:TCA
JOHN D. KITCH OF NASHVILLE and GEORGE ALLEN OF
GOODLETTSVILLE FOR APPELLANT
GERALD LARGEN OF KINGSTON FOR APPELLEES
First Paragraph:
This is a suit by Scott McCluen, County Attorney for Roane
County, against The Roane County Times, Inc., d/b/a The
Standard, and its owner and publisher Gerald Largen, seeking
damages for libel incident to two separate publications in
The Standard.
Judge: Goddard, P.J.
URL:http://www.tba.org/tba_files/TCA/MCCLUEN.OPN.WP6
SUE MONROE,
Vs.
CHRISTOPHER G. CUMMINGS,
DAVID P. HANNESWORTH,
EDDIE QUEENS, CNA INSURANCE
COMPANY,
Court:TCA
Sue Monroe, Pro Se
Tracy Shaw and Alice Margaret Essary of Nashville
For Appellees
First Paragraph:
Plaintiff, Sue Monroe, also known as Carolyn Hayes, appeals
from the trial courts order dismissing her complaint for
failure to submit a more definite statement of her claims
against defendants Eddie Queens and CNA Insurance Co.
Judge: W. FRANK CRAWFORD, PRESIDING JUDGE, W.S.
URL:http://www.tba.org/tba_files/TCA/MONROESU.OPN.WP6
IN RE: THE ESTATE OF HOWARD D. SMITH, Deceased.
SHAUN MURRAY
vs.
JENNIE C. SMITH, Individually,
and JENNIE C. SMITH, as Conservator for Howard D. Smith and
WESTERN SURETY COMPANY, MANUFACTURER,
Court:TCA
For the Plaintiff/Appellant: For the Defendants/Appellees:
Scott Kirk Ted M. Hunderup
Jackson, Tennessee Humboldt, Tennessee
First Paragraph:
This case involves an alleged breach of fiduciary duty by
the conservator of an estate. After a bench trial, the
trial court held that the plaintiff had failed to prove a
breach of fiduciary duty. We find that the trial court
misapplied the burden of proof and reverse the trial courts
decision.
Judge: DAVID R. FARMER, J.
URL:http://www.tba.org/tba_files/TCA/MURRAYSH.OPN.WP6
JOHN F. NICHOLS AND KERRY L. STEWART,
v.
METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY,
Court:TCA
James L. Murphy, III, Director of Law, Department of Law of
the Metropolitan Government of Nashville and Davidson County
John L. Kennedy of Nashville For Appellant
Charles W. Burson, Attorney General and Reporter Rachel L.
Steele, Assistant Attorney General For Appellee, State of
Tennessee
First Paragraph:
This appeal arises out of an automobile accident which
occurred in Nashville at the four-way intersection of
Charlotte Avenue and Eakin-Weakley Drive (Seventh Avenue
North) on October 24, 1988. Plaintiffs, John F. Nichols and
Kerry L. Stewart, filed suit against defendant, Metropolitan
Government of Nashville and Davidson County (Metro), for
personal injuries sustained in the accident. They also
filed claims with the Tennessee Claims Commission against
the State of Tennessee. Subsequently, the claims commission
cases were transferred for trial to the circuit court and
consolidated for trial with the plaintiffs actions against
Metro in the circuit court.
Judge: W. FRANK CRAWFORD, PRESIDING JUDGE, W.S.
URL:http://www.tba.org/tba_files/TCA/NICHOLSJ.OPN.WP6
SELANDER GATES OWENS,
v.
ADAM'S MARK HOTELS,INC., MEMPHIS, et al,
Court:TCA
Alan Bryant Chambers of Memphis,
For Appellee
J. Edward Wise, John W. Simmons
of Memphis, For Appellant
First Paragraph:
This case is before the Court pursuant to T.R.A.P. 9.
Defendants, Adams Mark Hotels, Inc. (Adams Mark) and Seven
Seventeen HB Memphis Corporation (Seven Seventeen), appeal
from the order of the trial court that denied a motion to
dismiss and allowed plaintiff, Selander Gates Owens, to
amend her complaint to add Seven Seventeen as a party.
Judge: CRAWFORD, J.
URL:http://www.tba.org/tba_files/TCA/OWENSS.OPN.WP6
ERNEST WHITE PATTON, III, v. LINDA HARVEY PATTON,
Court:TCA
ALBERT L. WATSON, III, Chattanooga, for Plaintiff-Appellant.
ARTHUR C. GRISHAM, JR., GRISHAM, KNIGHT & HOOPER,
Chattanooga, for Defendant-Appellee.
First Paragraph:
In this divorce action, the husband appeals from the Trial
Courts determination of the classification of property as
marital property and the division of the marital estate.
Judge: Franks. J.
URL:http://www.tba.org/tba_files/TCA/PATTONEW.OP.WP6
JAMES E. SIMONS and wife, MARGARET B. SIMONS
v.
HERBERT H. REPLOGLE, Jr.,
Court:TCA
DAN McBETH, Trenton, Attorney for Plaintiffs/Appellants.
DAVID A. RIDDICK, Holmes, Rich & Sigler, P.C., Jackson,
Attorney for Defendant/Appellee.
First Paragraph:
James E. Simons and Margaret B. Simons (plaintiffs) filed
suit in the Chancery Court of Madison County against Herbert
H. Replogle, Jr. (defendant) for the purpose of
establishing a common boundary line between the parties.
Following a bench trial the chancellor established the
parties common boundary line based on the calls in
defendants deed. On appeal plaintiffs have presented one
issue for our review: whether the evidence preponderates
against the chancellors finding.
Judge: TOMLIN, Sr. J.
URL:http://www.tba.org/tba_files/TCA/SIMONSJE.OPN.WP6
ELVIE SMITH, ANNIE MAE BENNETT, Individually and as
Executrix of the Estate of Pearlie Mae Porter, Deceased;
WANNA MAY REDMON and PAUL E. WEAVER,
v.
LURENE FAULKNER, BETTY JEAN WEAVER, AND JAMES ARLIN PORTER,
v.
WALTER BENNETT,
Court:TCA
F. Lloyd Tatum, Tatum & Tatum of
Henderson, For Appellees
Luther Wayne Robertson of
Collierville, For Appellants,
First Paragraph:
Defendants-Appellants, Lurene Faulkner, Betty Jean Weaver,
and James Arlin Porter (Appellants), appeal from the
judgment of the trial court denying their claim for
attorneys fees to be paid by the estate of Pearlie Mae
Porter.
Judge: CRAWFORD, J.
URL:http://www.tba.org/tba_files/TCA/SMITHELV.OPN.WP6
JIMMY SPENCER,
v.
MARJORIE NELLE CARDWELL, Commissioner, Tennessee Department
of Mental Health & Mental Retardation,
Court:TCA
R. EDDIE DAVIDSON, Nashville, Attorney for
Petitioner/Appellant.
CHARLES W. BURSON, Attorney General & Reporter, and EUGENIE
B. WHITESELL, Assistant Attorney General, Nashville,
Attorneys for Defendant/Appellee.
First Paragraph:
Jimmy Spencer ("plaintiff") filed a complaint in the
Chancery Court of Davidson County against Evelyn C.
Robertson, Jr., Commissioner of the Tennessee Department of
Mental Health and Mental Retardation (hereinafter
"Department") and the Department (collectively referred to
as defendants) seeking a declaratory judgment on the
grounds that his due process rights had been violated as a
result of his termination as a civil service employee.
Defendants filed an answer and motion to dismiss or in the
alternative for summary judgment, which was supported by
portions of two depositions. The chancellor granted
defendants motion, holding that the state had not waived
its sovereign immunity, and that the court lacked subject
matter jurisdiction to entertain plaintiffs suit.
Judge: TOMLIN, Sr. J.
URL:http://www.tba.org/tba_files/TCA/SPENCERJ.OPN.WP6
VINCENT SPLAIN,
v.
CITY OF MEMPHIS, W. W. HERENTON, Mayor, and CITY OF MEMPHIS
PENSION BOARDS,
Court:TCA
MONICE MOORE HAGLER, City Attorney, and L. KENNETH McCOWN,
Assistant City Attorney, Memphis, Attorneys for
Respondents/Appellants.
DEBORAH GODWIN, Agee, Allen, Godwin, Morris & Laurenzi,
Memphis, Attorney for Petitioner/Appellee.
First Paragraph:
Vincent Splain (petitioner) filed a petition for writ of
certiorari in the Chancery Court of Shelby County against
the City of Memphis, W.W. Herenton, Mayor, and the City of
Memphis Pension Boards (respondents or by name) seeking
judicial review of the denial by the pension boards of
petitioners application for a line of-duty
disability pension. The chancellor reversed the boards
decision and awarded petitioner a line-of-duty disability
pension. On appeal respondents have presented one issue for
our consideration: whether the chancellor erred in reversing
the decision of the board when there was material evidence
to support it. For the reasons hereinafter stated, we
reverse the judgment of the chancellor.
Judge: TOMLIN, Sr. J
URL:http://www.tba.org/tba_files/TCA/SPLAIN.OPN.WP6
DANIEL B. TAYLOR, v. STATE OF TENNESSEE,
Court:TCA
DANIEL B. TAYLOR, Pro Se, Memphis.
CHARLES W. BURSON, Attorney General & Reporter, and MEREDITH
DEVAULT, Senior Counsel, Nashville, Attorneys for
Defendant/Appellee.
First Paragraph:
Daniel P. Taylor (claimant) filed this suit against the
State of Tennessee (defendant or State) in the Tennessee
Claims Commission for damages he allegedly sustained due to
the malpractice of his court appointed attorney. The Claims
Commission granted defendants motion to dismiss for lack of
subject matter jurisdiction. The sole issue presented by
this appeal is whether the commissioner erred in so doing.
We find no error and affirm.
Judge: TOMLIN, Sr. J.
URL:http://www.tba.org/tba_files/TCA/TAYLORDB.OPN.WP6
EVELYN JUNE THOMASON,
v.
THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON
COUNTY,
Court:TCA
ROBERT J. NOTESTINE, III
104 Woodmont Blvd.
Suite 115
Nashville, Tennessee 37205
ATTORNEY FOR PLAINTIFF/APPELLANT
The Department of Law of the
Metropolitan Government of
Nashville and Davidson County
JAMES L. MURPHY, III
Director of Law
WARREN A. JASPER
Metropolitan Attorney
204 Metropolitan Courthouse
Nashville, Tennessee 37201
FOR DEFENDANT/APPELLEE
First Paragraph:
The plaintiff, Evelyn June Thomason, has appealed from a
summary judgment dismissing her suit against the defendant,
Metropolitan Government of Nashville and Davidson County,
Tennessee, for personal injuries sustained in a fall on the
premises of the Lentz Health Center, a facility owned and
managed by the defendant.
Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION
URL:http://www.tba.org/tba_files/TCA/THOMASON.OPN.WP6
JAMES R. TULLY, JR.,
v.
USA WIRELESS, INC., PMT INVESTMENTS, INC., and PATRICK M.
THOMPSON, in both his individual and corporate capacity,
Court:TCA
LARRY D. ASHWORTH
ASHWORTH & HIGH
227 Second Avenue, North
Nashville, Tennessee 37201-1636
Attorney for Plaintiff/Appellant
HUGH C. HOWSER, JR.
KENNETH M. BRYANT
TRABUE, STURDIVANT & DEWITT
Nashville City Center
Nashville, Tennessee 37205
Attorney for Defendants/Appellees
Cross-Appellant USA Wireless, Inc.
First Paragraph:
The issues in this appeal are (1) whether the chancellor
erred in granting a judgment against a corporation for back
wages, (2) whether the chancellor should have pierced the
corporate veil and granted a judgment against the
corporations principal shareholder and (3) whether the
court erred in dismissing the fraud claims against the
principal shareholder. We affirm the chancellors decision
in part and reverse on the fraud claims made directly
against the principal shareholder.
Judge: BEN H. CANTRELL, JUDGE
URL:http://www.tba.org/tba_files/TCA/TULLYJ.OPN.WP6
IN RE: PETITION OF DANNY BLANKENSHIP BONDING COMPANY
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Matt Q. Bastian Charles W. Burson
Attorney at Law Attorney General & Reporter
505 Main Street, East 450 James Robertson Parkway
Hendersonville, TN 37075 Nashville, TN 37243-0493
Darian B. Taylor
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Lawrence Ray Whitley
District Attorney General
113 Main Street, East
Gallatin, TN 37066
First Paragraph:
The appellant, Danny A. Blankenship, doing business as Danny
Blankenship Bonding Company, sought permission from the
trial court to write bail bonds in Sumner County. The
proposed resident representative of the company in Sumner
County was the appellant, Glen M. Davis. In the event Davis
was not available to write a bond, the proposed substitute
was Richard L. Gregory, an employee of the bonding company
and also an appellant in this case. The trial court denied
the application because Blankenship did not possess
sufficient personal assets to support his companys writing
of bail bonds in the general sessions and criminal courts of
Sumner County. The appellants appeal as of right from this
judgment. Since the evidence supports the findings made by
the trial court, the judgment is affirmed.
Judge: Joe B. Jones, Presiding Judge
URL:http://www.tba.org/tba_files/TCCA/BLANKEND.OPN.WP6
ARNOLD CARTER, v.STATE OF TENNESSEE,
Court:TCCA
For the Appellant: For the Appellee:
Arnold Carter Charles W. Burson
Pro Se Attorney General and Reporter
Route 4, Box 600 450 James Robertson Parkway
Pikeville, TN 37367 Nashville, TN 37243-0493
Eugene J. Honea
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Steve Ward
Asst. District Attorney General
Athens, TN 37303
First Paragraph:
The petitioner, Arnold Carter, has filed a pro se appeal of
the trial court's dismissal of his petition for
post-conviction relief. The single issue presented for
review is whether the petition was barred by the statute of
limitations. We reverse the judgment of the trial court.
Judge: Gary R. Wade, Judge
URL:http://www.tba.org/tba_files/TCCA/BLANKEND.OPN.WP6
DAVID A. DARNELL, v. RICKY J. BELL, Warden,
Court:TCCA
For the Appellant: For the Appellee:
Cynthia M. Fort Charles W. Burson
276 Harding Place Attorney General and Reporter
Nashville, TN 37205
Eugene J. Honea
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
First Paragraph:
The appellant, David A. Darnell, appeals from an order of
the Hickman County Circuit Court dismissing his application
for writ of habeas corpus.
Judge: David G. Hayes
URL:http://www.tba.org/tba_files/TCCA/DARNELLD.OPN.WP6
GARY ROCCO DENAMI, v. STATE OF TENNESSEE,
Court:TCCA
For the Appellant: For the Appellee:
Terry J. Canady Charles W. Burson
211 Printer's Alley Bldg. Attorney General of Tennessee
Suite 400 and
Nashville, TN 37201 Miachelle L. Lehmann
Assistant Attorney General of TN
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
and
Dan H. Hamm
Asst District Attorney General
Washington Square
222 2nd Avenue North
Nashville, TN 37201-1649
First Paragraph:
The petitioner, Gary Rocco Denami, appeals as of right from
the Davidson County Criminal Courts dismissal of his
petition for post-conviction relief. The petitioner was
convicted of attempted first degree murder and sentenced to
twenty years in the Department of Correction as a Range I,
standard offender. While the direct appeal of his
conviction has been pending, the petitioner filed a petition
for post-conviction relief, which the trial court dismissed
as prematurely filed. In this appeal, the petitioner
contends that his right to due process was violated because
the opinion in his direct appeal had not been rendered. He
also contends that the premature filing of his petition is a
technical defect under T.C.A. 40-30-115(b) and that the
trial court erred by dismissing the petition without giving
him the opportunity to amend it. We disagree with the
petitioners contentions.
Judge: Joseph M. Tipton Judge
URL:http://www.tba.org/tba_files/TCCA/DENAMI.OPN.WP6
STATE OF TENNESSEE, v. MILTON FRANKLIN, JR.,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Charlie Allen, Jr. Charles W. Burson
Attorney at Law Attorney General & Reporter
P.O. Box 5027
Oneida, TN 37841
Darian B. Taylor
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
William Paul Phillips
District Attorney General
P.O. Box 10
Huntsville, TN 39756
John W. Galloway, Jr.
Assistant District Attorney General
P.O. Box 10
Huntsville, TN 39756
First Paragraph:
The appellant, Milton Franklin, Jr., entered a plea of
guilty to selling dihydrocodeinone, a Class D felony. The
trial court found that the appellant was a standard offender
and imposed a Range I sentence consisting of confinement for
two (2) years in the Department of Correction. In this
Court, the appellant contends that the trial court should
have suspended his sentence and placed him on probation, or,
in the alternative, sentenced him pursuant to the Tennessee
Community Corrections Act of 1985. After a thorough review
of the record, the briefs of the parties, and the law
governing the issue presented for review, it is the opinion
of this Court that the judgment of the trial court should be
affirmed.
Judge: Joe B. Jones, Presiding Judge
URL:http://www.tba.org/tba_files/TCCA/FRANKLNM.OPN.WP6
STATE OF TENNESSEE, v. DANIEL G. HAMPTON,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Daniel G. Hampton, pro se Charles W. Burson
Route 8, Box 1885 Attorney General & Reporter
Elizabethton, TN 37643
Darian B. Taylor
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
David E. Crockett
District Attorney General
Route 19, Box 99
Johnson City, TN 37601
Steven R. Finney
Asst. District Attorney General
Carter County Courthouse Annex
Elizabethton, TN 37643
First Paragraph:
The appellant, Daniel G. Hampton, was convicted of driving
under the influence, second offense, a Class A misdemeanor,
two counts of driving on a revoked license, Class B
misdemeanors, and violation of the implied consent law by a
jury of his peers. The trial court sentenced the appellant
to eleven months and twenty-nine days in the Carter County
Jail with all but seventy days suspended for the driving
under the influence, second offense; six months suspended in
the Carter County Jail for driving on a revoked license on
April 9, 1994 which was ordered to run concurrently with the
other sentences; and six months in the Carter County Jail
with all but twenty days suspended for driving on a revoked
license on April 1, 1994 which was ordered to run
consecutively to the driving under the influence, second
offense conviction.
Judge: JOE B. JONES, PRESIDING JUDGE
URL:http://www.tba.org/tba_files/TCCA/HAMPTOND.OPN.WP6
STATE OF TENNESSEE, v. MILES RODNEY HULLETTE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Thomas K. McAlexander Charles W. Burson
Hill Boren P.C. Attorney General & Reporter
1269 North Highland Avenue
Jackson, TN 38303-3539 Hunt S. Brown
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Doug Godbee
Asst District Attorney General
Hawkins County Courthouse
Main Street
Rogersville, TN 37857
First Paragraph:
The defendant reserved the right to appeal on the question
of the legality of the search of his vehicle, which the
trial court found to be valid. We affirm the judgment.
Judge: JOHN K. BYERS, SENIOR JUDGE
URL:http://www.tba.org/tba_files/TCCA/HULLETTE.OPN.WP6
STATE OF TENNESSEE, v. TIMMY L. LASTER,
Court:TCCA
For the Appellant: For the Appellee
Mark E. Stephens Charles W. Burson
District Public Defender Attorney General & Reporter
Sixth Judicial District 450 James Robertson Parkway
Nashville, TN 37243-0493
Leslie Nassios
Asst. Public Defender Michael J. Fahey, II
Knoxville, TN 37921 Asst. Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
Robert L. Jolley, Jr.
Asst. District Attorney General
City County Building
Knoxville, TN 37902
First Paragraph:
The appellant, Timmy L. Laster, entered pleas of guilty to
three counts of especially aggravated kidnapping, a class A
felony, two counts of aggravated assault, a class C felony,
and one count of aggravated burglary, a class C felony. He
was sentenced as a Range I, standard offender to twenty-two
years for each of the three especially aggravated
kidnappings in case number 55799; one of the sentences is to
run consecutively to the others, for an effective total of
forty-four years. He was sentenced as a Range II, multiple
offender to concurrent six year sentences for the aggravated
assault and the aggravated burglary in case number 55800,
and to six years for the aggravated assault in case number
55801. The six-year sentence for the aggravated burglary in
case number 55800 is to run consecutively to the sentences
in case number 55799. The total effective sentence is
fifty-six years in the Department of Correction.
Judge: William M. Barker, Judge
URL:http://www.tba.org/tba_files/TCCA/LASTER.OPN.WP6
STATE OF TENNESSEE, v. JAMES ROBERT LITTLETON,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Bob McDaniel Green Charles W. Burson
600 North Roan Street Attorney General & Reporter
P.O. Box 28
Johnson City, TN 37650 Hunt S. Brown
(Sentencing & On Appeal) Assistant Attorney General
Criminal Justice Division
Frederick M. Lance 450 James Robertson Parkway
804 West Market Street Nashville, TN 37243-0493
Johnson City, TN 37601
(At Trial) David Crockett
District Attorney General
Joe C. Crumley, Jr.
Asst. Dist. Attorney General
P.O. Box 38
Jonesborough, TN 37659
First Paragraph:
The appellant, James Robert Littleton, was convicted
following a jury trial of retaliation for past action. He
brings this appeal claiming that: (1) the evidence was
insufficient to support the verdict, and (2) the trial court
erred by allowing into evidence information provided by a
Star 69 telephone device. Following our review, we affirm
the trial courts judgment.
Judge: PAUL G. SUMMERS, Judge
URL:http://www.tba.org/tba_files/TCCA/LITTLETO.OPN.WP6
STATE OF TENNESSEE, v. BOBBY LOVE,
Court:TCCA
For the Appellant: For the Appellee:
Jerry C. Colley Charles W. Burson
Attorney at Law Attorney General & Reporter
Post Office Box 1476
Columbia, TN 38402 John B. Nisbet, III
(Appeal Only) Assistant Attorney General
Criminal Justice Division
Gary Howell 450 James Robertson Parkway
Attorney at Law Nashville, Tennessee 37243-0493
710 North Main Street
Post Office Box 442 T. Michael Bottoms
Columbia, Tennessee 38402 District Attorney General
(Trial Only)
Robert C. Sanders
Kymberly Hattaway
Assistant District Attorneys General
Post Office Box 1619
Columbia, Tennessee 384021619
First Paragraph:
Appellant, Bobby Love, was convicted in Maury County Circuit
Court of the crime of aggravated assault, a Class C felony,
by a jury. The trial court found that appellant was a
standard offender and imposed a Range I sentence of
confinement for six years in the Department of Correction
and ordered restitution to the victim.
Judge: C. Creed McGinley Special Judge
URL:http://www.tba.org/tba_files/TCCA/LOVEBOB.OPN.WP6
HUGH MELSON, v. STATE OF TENNESSEE,
Court:TCCA
For the Appellant: For the Appellee:
Donald E. Dawson Charles W. Burson
First American Building Attorney General of Tennessee
315 Deaderick Street and
Nashville, TN 37219 Gordon W. Smith
Deputy Attorney General of TN
Kenneth H. King, Jr. 450 James Robertson Parkway
414 Union Street Nashville, TN 37243-0493
P.O. Box 198062
Nashville, TN 37219 James G. (Jerry) Woodall
District Attorney General
State Office Building
P.O. Box 2825
Jackson, TN 38302-2825
and
Gordon W. Smith
Deputy Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0485
First Paragraph:
The petitioner, Hugh Melson, appeals as of right from the
Madison County Circuit Courts dismissal of his second
petition for post-conviction relief without an evidentiary
hearing. The petitioner raises the following issues on
appeal:
(1) the conduct of the court evidences a predisposition to
dismiss the amended petition without a full and fair
consideration of its merits;
(2) the trial court applied an erroneous standard of waiver
in dismissing fourteen (14) of the petitioners claims;
(3) the trial court violated the petitioners constitutional
rights in dismissing fourteen (14) of the petitioners
claims as being previously determined;
(4) the trial court erred in dismissing the claims based on
the principles enunciated in Brown;
(5) the evidence was insufficient to warrant the trial
courts original charge concerning aggravating circumstances
and the jurys subsequent imposition of the death penalty
based upon the application of these circumstances;
(6) the heinous, atrocious or cruel aggravating
circumstance was unconstitutionally vague; and
(7) the petitioners constitutional rights were violated
when he was denied funds for expert investigative services.
Judge: Joseph M. Tipton Judge
URL:http://www.tba.org/tba_files/TCCA/MELSON.OPN.WP6
STATE OF TENNESSEE, v. JAMES D. MORGAN,
Court:TCCA
For the Appellant: For the Appellee:
Joyce M. Ward Charles W. Burson
Asst. Public Defender Attorney General and Reporter
1609 College Park Drive
Box 11 Hunt S. Brown
Morristown, TN 37816 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
C. Berkeley Bell, Jr.
District Attorney General
113 W. Church Street
Greeneville, TN 37743
First Paragraph:
The appellant, James Dale Morgan, pursuant to Rule 9, Tenn.
R. App. P., appeals from the decision of the Criminal Court
of Greene County affirming the district attorney general's
denial of his application for pre-trial diversion. The
appellant seeks to divert the offense of statutory rape. In
this interlocutory appeal, the appellant challenges the
trial court's finding that the district attorney did not
abuse his discretion in denying diversion. Specifically,
the appellant alleges that the district attorney abused his
discretion by denying diversion based upon a recanted rape
allegation made by a second alleged victim after the
appellant's arrest on the present charge.
Judge: David G. Hayes, Judge
URL:http://www.tba.org/tba_files/TCCA/MORGANJD.OPN.WP6
STATE OF TENNESSEE, v. JERRY GLENN NORRID,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT S. PETERS CHARLES W. BURSON
Swafford, Peters & Priest Attorney General and Reporter
100 First Avenue, S.W.
Winchester, TN 37398 SARAH M. BRANCH
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0485
C. MICHAEL LAYNE
District Attorney General
STEPHEN E. WEITZMAN
Assistant District Attorney General
Manchester, TN 37355
First Paragraph:
The Defendant appeals as of right pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure. He was convicted at
a jury trial of one count of theft of property over $10,000
and one count of theft of property over $1,000. He was
sentenced as a Range II multiple offender to eight years for
count one and six years for count two. The trial judge
ordered these sentences to be served consecutively. The
Defendant appeals his sentences. We reverse and modify the
judgment of the trial court to reflect concurrent sentences.
Judge: DAVID H. WELLES, JUDGE
URL:http://www.tba.org/tba_files/TCCA/NORRIDJG.OPN.WP6
STATE OF TENNESSEE, v. MICHAEL PARKS, a/k/a PAC MAN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
DANIEL L. MURPHY CHARLES W. BURSON
P.O. Box 90 Attorney General and Reporter
Columbia, TN 38402
RENEE F. VIDELEFSKY
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
MIKE BOTTOMS
District Attorney General
P.O. Box 459
Lawrenceburg, TN 38464
First Paragraph:
The Defendant, Michael D. Parks, was granted this delayed
appeal by the trial court to seek review of the denial of
his request for a community corrections sentence. The
Defendant was indicted on four counts of the sale of
cocaine, was convicted by jury trial in one count, and
pleaded guilty to the remaining three counts. At the
sentencing hearing, he asked to be considered as a candidate
for community corrections. The trial court denied this
request, and the Defendant now brings this delayed appeal.
We affirm the judgment of the trial court.
Judge: DAVID H. WELLES, JUDGE
URL:http://www.tba.org/tba_files/TCCA/PARKSMI.OPN.WP6
STATE OF TENNESSEE v. CHRIS RAMEY
w/CONCURRING OPINION
Court:TCCA
FOR THE APPELLANT:
O. Duane Slone
Attorney at Law
P.O. Box 1088
Danridge, Tn. 37725
FOR THE APPELLEE:
Charles W. Burson
Attorney General and Reporter
Hunt S. Brown
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tn. 37243
G. Scott Green
Assistant District Attorney
Sevier County Courthouse
Sevierville, Tn. 37862
First Paragraph:
The appellant was originally charged with rape and sexual
battery. The state amended the rape charge to attempted
rape. The appellant sought pretrial diversion, which the
District Attorney General denied. The appellant then sought
review of the denial and the trial judge affirmed the action
of the District Attorney General. The appellant sought and
received an interlocutory appeal by permission of the trial
court pursuant to Rule 9, Tenn.R.App.P., and this Court
granted review. On appeal he contends that the trial court
abused its discretion when pretrial diversion was denied to
him. Since the record on appeal is incomplete, we are
unable to address the merits of appellant's complaint and
must affirm the judgment of the trial court.
Judge: CHARLES LEE, Special Judge
URL:http://www.tba.org/tba_files/TCCA/RAMEY.OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/RAMEY.CON.WP6
URL:http://www.tba.org/tba_files/TCCA/RAMEY2.CON.WP6
STATE OF TENNESSEE,v. RICHARD DENNIS REAGAN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Mack Garner Charles W. Burson
District Public Defender Attorney General & Reporter
419 High Street
Maryville, TN 37804 Timothy F. Behan
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. Dist. Attorney General
First Paragraph:
The appellant, Richard Dennis Reagan, appeals the trial
court's revocation of his probation. His appeal, however,
is moot since he has served the entire sentence from which
he appeals. See McIntyre v. Traughber, 884 S.W.2d 134
(Tenn. Ct. App. 1994) (noting that appeal concerning
legality of incarceration becomes moot upon unconditional
release); see also State v. Wiley, No. 02C01-9408-CC-00175
(Tenn. Crim. App. April 12, 1995). This case does not fall
within an exception to the rule of mootness to warrant a
review.
Judge: PAUL G. SUMMERS,
URL:http://www.tba.org/tba_files/TCCA/REAGANRD.OPN.WP6
STATE OF TENNESSEE,
v.
WAYNE HYMES RICHARDS, a/k/a PETE RICHARDS,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
STEVEN C. DOUGLAS CHARLES W. BURSON
P.O. Box 422 Attorney General & Reporter
Crossville, TN 38557
HUNT S. BROWN
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
WILLIAM E. GIBSON
District Attorney General
OWEN G. BURNETT
Asst. District Attorney General
145 S. Jefferson St.
Cookeville, TN 38501
JOHN NISBET
Asst. District Attorney General
205 East 2nd St.
Crossville, TN 38555
First Paragraph:
The defendant was originally indicted separately for two
offenses of the sale of marijuana. He was subsequently
reindicted, with each new indictment charging him with
alternate counts of the sale or delivery of marijuana. Case
number 3453 alleged an offense date of July 28, 1992; case
number 3454 alleged an offense date of July 30, 1992. Case
number 3454 was tried by a jury in March 1994, resulting in
a mistrial. The State then moved to consolidate the two
cases, which the court granted over the objection of the
defendant. The two cases were then tried together by a
jury, and the defendant was convicted of two counts of
delivery of marijuana.
Judge: JOHN H. PEAY, Judge
URL:http://www.tba.org/tba_files/TCCA/RICHARDW.OPN.WP6
STATE OF TENNESSEE v. ELLA MAY SHELFER
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Kenneth L. Miller Charles W. Burson
Logan, Thompson, Miller, Attorney General
Bilbo, Thompson & Fisher
Attorneys at Law Sharon S. Selby
P.O. Box 191 Assistant Attorney General
Cleveland, TN 37364-0191 450 James Robertson Parkway
Nashville, TN 37243-0493
Jerry N. Estes
District Attorney General
Sarah Bird
Asst. Dist. Attorney General
P.O. Box 1351
Cleveland, TN 37364-1351
First Paragraph:
The defendant, Ella Mae Shelfer, was indicted for conspiracy
to commit first degree murder and for attempt to commit the
first degree murder of her husband, Andy Shelfer. The case
was initially set for trial on February 16, 1993, at which
time the trial court granted the state's request for a
continuance on the ground that an essential witness had
failed to appear. Beginning on May 17, 1993, the defendant
was tried before a jury, found to be guilty of the offense
of attempted first degree murder, and sentenced to twenty
years in the Department of Correction. On appeal, the
defendant raises the following issues:
Judge: JERRY SCOTT, PRESIDING JUDGE
URL:http://www.tba.org/tba_files/TCCA/SHELFER.OPN.WP6
STATE OF TENNESSEE, v. BILLY W. WADDEY,
Court:TCCA
For the Appellant: For the Appellee:
Robert H. Plummer, Jr. Charles W. Burson
415 Bridge Street Attorney General and Reporter
P. O. Box 1361
Franklin, TN 37065-1361 Michelle L. Lehmann
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Joseph D. Baugh, Jr.
District Attorney General
Emily Walker
Asst. District Attorney General
P. O. Box 937
Franklin, TN 37065-0937
First Paragraph:
The appellant, Billy W. Waddey, was convicted in the
Williamson County Circuit Court of operating a vehicle under
the influence of an intoxicant, third offense, in violation
of Tenn. Code Ann. 55-10-401 (1993), and driving on a
revoked license in violation of Tenn. Code Ann. 55-50-504
(1993). The appellant now challenges the sufficiency of the
evidence to sustain his conviction for DUI.
Judge: David G. Hayes Judge
URL:http://www.tba.org/tba_files/TCCA/WADDEY.OPN.WP6
JAMES YOUNG,v. DAVID MILLS, WARDEN, and STATE OF TENNESSEE,
Court:TCCA
For the Appellant: For the Appellee:
James Young, Pro Se Charles W. Burson
Turney Ctr Industrial Prison Attorney General of TN
Route One and
Only, TN 37140-9709 Clinton J. Morgan
Asst Attorney General of TN
450 James Robertson Parkway
Nashville, TN 37243-0493
Joseph D. Baugh, Jr.
District Attorney General
P.O. Box 937
Franklin, TN 37065-0937
First Paragraph:
The petitioner, James Young, appeals as of right from the
Hickman County Circuit Courts denial of habeas corpus
relief. He is presently in the custody of the Department of
Correction in Hickman County serving a life sentence for
first degree murder and a concurrent three-year sentence for
grand larceny. These Shelby County convictions were
affirmed on appeal. State v. James Young, No. 55, Shelby
Co. (Tenn. Crim. App. Apr. 5, 1989), app. denied (Tenn. July
3, 1989). This court also affirmed the dismissal of a
post-conviction petition challenging the convictions. James
Young v. State, No. 02C01-9212-CR-00279, Shelby Co. (Tenn.
Crim. App. Oct. 13, 1993), app. denied (Tenn. Mar. 7, 1994).
On May 5, 1995, the petitioner filed an application for
writ of habeas corpus. The trial court dismissed the
application because it failed to state grounds for habeas
corpus relief.
Judge: Joseph M. Tipton Judge
URL:http://www.tba.org/tba_files/TCCA/YOUNGJ.OPN.WP6
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