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TBALink Opinion-Flash
August 21, 1996 -- Volume #2 -- Number #76
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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- 00-New Opinons From TSC
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NANCY ANDERSON v. DAVID ANDERSON, Court:TCA R. EDDIE DAVIDSON JOHN R. CALLCOTT Washington Square Two, Ste. 417 Nimmo, Hocha, Kirt & Partin 222 Second Ave. N. First American Ctr, Ste. 0100 Nashville, TN 37201 315 Deaderick St. Attorney for Appellant Nashville, TN 37238 Attorney for Appellee Judge: ALAN E. HIGHERS First Paragraph: The issue in this case is whether the child-support obligation of the father, appellee herein, should have been reduced as he sought. We do not believe so and therefore reverse and remand. URL:http://www.tba.org/tba_files/TCA/ANDERSON.OPN.WP6
ZOLTAN BOKOR,v. WILLIAM BRUCE and BRUCE, WEATHERS, ET. AL.,
Court:TCA
DAVID H. KING
KING, TURNBOW & BRISBY
203 Third Avenue South
Franklin, TN 37064
Attorney for Plaintiff/Appellant
WINSTON S. EVANS
EVANS, JONES & REYNOLDS
1810 First Union Tower
150 Fourth Avenue, North
Nashville, TN 37219-2424
Attorney for Defendants/Appellees
Judge: WILLIAM H. INMAN
First Paragraph:
This action for damages alleging malpractice by the defendant law firm
was dismissed on motion for summary judgment. We agree that the
one-year statute of limitations, Tenn. Code Ann. 28-3-104, bars the
action.
URL:http://www.tba.org/tba_files/TCA/BOKOR.OPN.WP6
BRIGHT HOPE UNITED METHODIST CHURCH, v. ROBERT SMALL, M.D.,
Court:TCA
JOHN O. THREADGILL, Knoxville, for Appellant.
EARL S. AILOR and J. ARTHUR GARRISON, Knoxville, for Appellee.
Judge: McMurray, J.
First Paragraph:
This appeal arises from an alleged breach of a real estate contract
between a church and a physician. The Knox County Chancery Court
found in favor of the church, and awarded a judgment for earnest
money, interest and attorneys fees on a promissory note used to
secure the earnest money. No damages were awarded on the real estate
contract. Both Dr. Robert Small and the church have appealed.
URL:http://www.tba.org/tba_files/TCA/BRIGHTHO.OPN.WP6
MARY FITZGERALD BROOME (GRAY) v. BRADLEY J. BROOME
Court:TCA
BARBARA L. BROERSMA OF CHATTANOOGA FOR APPELLANT
ANDREW BERKE OF CHATTANOOGA FOR APPELLEE
Judge: Goddard, P.J.
First Paragraph:
Mary Fitzgerald Broome (Gray) appeals a decree of the Circuit Court
for Hamilton County which she contends did not sufficiently increase a
previous child support award because the Court improperly failed to
consider either capital gains income or an inheritance which Mr.
Broome received from his mother.
URL:http://www.tba.org/tba_files/TCA/BROOMEMF.OPN.WP6
SHERRY BROWN, as next friend and natural mother of her minor children,
AMANDA DANETTE MCMULLIN and ADAM WAYNE MCMULLIN,
v.
DORRIS MCMULLIN, LARRY MCMULLIN, HELEN MCMULLIN and THE ESTATE OF
EUGENE
Court:TCA
J. DANIEL FREEMON JANE M. JENNINGS
Freemon, Hillhouse & Huddleston Hairell & Jennings
327 W. Gaines St. P.O. Drawer N.
P.O. Box 787 200 Mahr Ave.
Lawrenceburg, TN 38464 Lawrenceburg, TN 38464
Attorney for Appellants Attorney for Appellee
Judge: ALAN E. HIGHERS, JUDGE
First Paragraph:
The proceeds of a policy of insurance on the life of Donnie McMullin
were paid to his mother, Edith McMullin, the named beneficiary, who,
jointly with her husband, Eugene McMullin, deposited these funds in a
trust account, having first executed a Discretionary Revocable Joint
Trustee Agreement which designated them as joint trustees of the funds
for their grandchildren, Amanda and Adam McMullin (children of their
son, Donnie McMullin, the insured decedent) as beneficiaries. Edith
and Eugene McMullin had two other sons, Larry and Dorris McMullin.
URL:http://www.tba.org/tba_files/TCA/BROWNSH.OPN.WP6
DONALD SHERMAN BRYANT, v. JACK T. BAUGUSS, JR.,
Court:TCA
KEVIN W. SHEPHERD, Maryville, for Appellant
STEPHEN C. DAVES of ONEIL, PARKER & WILLIAMSON, Knoxville, for
Appellee
Judge: Susano, J.
First Paragraph:
This is a malpractice action brought against a dentist who specializes
in periodontics. The plaintiff, Donald Sherman Bryant, alleges that
the defendant, Dr. Jack T. Bauguss, Jr., committed malpractice when he
used an improper, but otherwise unidentified, surgical instrument in
performing oral surgery on him. He claims that a portion of his face
is permanently numb as a result of the malpractice. He also alleges
that Dr. Bauguss failed to fully inform him of the risks attendant to
the surgery. Dr. Bauguss filed a motion for summary judgment
supported by his affidavit in which he denied any deviation from the
recognized standard of acceptable professional practice.
URL:http://www.tba.org/tba_files/TCA/BRYANTDS.OP.WP6
SHANNON BURKS and WYLODINE ROBERSON,
v.
CALVIN GOBBLE,
Court:TCA
PAUL B. PLANT
P.O. Box 399
Lawrenceburg, Tennessee 38464
ATTORNEY FOR PLAINTIFFS/APPELLEES,
RANDY HILLHOUSE
P.O. Box 787
Lawrenceburg, Tennessee 38464
ATTORNEY FOR DEFENDANT/APPELLANT
Judge: HENRY F. TODD
First Paragraph:
The Defendant, Calvin Gobble, has appealed from the judgment of the
Trial Court establishing the boundary between the land of Defendant
and that of Plaintiff, awarding Plaintiff $1,000 damages, and
enjoining Defendant, his family and employees from trespassing upon
Plaintiffs land or threatening or harassing Plaintiff or his family.
URL:http://www.tba.org/tba_files/TCA/BURKSS.OPN.WP6
CHATTANOOGA FIREMENS AND POLICEMENS INSURANCE AND PENSION FUND,
v.
CITY OF CHATTANOOGA,
Court:TCA
ARVIN H. REINGOLD, Chattanooga, for Plaintiff-Appellant.
MICHAEL A. McMAHAN, Chattanooga, for Defendant-Appellee.
Judge: Franks. J.
First Paragraph:
In this action plaintiff sought a declaration that defendant
wrongfully withheld $16,598.67 from the monies appropriated by
defendant for plaintiff in fiscal 1993.
URL:http://www.tba.org/tba_files/TCA/CHATTFIR.OPN.WP6
CONE OIL CO., INC.,
v.
WILLIAMSON COUNTY REGIONAL PLANNING COMMISSION,
Court:TCA
THOMAS V. WHITE
TUNE, ENTREKIN & WHITE, P.C.
21st Floor
315 Deaderick Street
Nashville, Tennessee 37219
Attorney for Appellant
JAMES D. PETERSEN
PETERSEN, BUERGER, MOSELEY & CARSON
306 Court Square
Franklin, Tennessee 37064
Attorney for Appellee
Judge: WILLIAM H. INMAN, SENIOR JUDGE
First Paragraph:
The Williamson County Regional Planning Commission [WCRPC] initially
heard the application of Cone Oil, Inc. [Cone] on January 12, 1995
for a conditional use permit to expand an existing refueling station
at the Goose Creek exit, Interstate 65. The station was previously
owned and operated by Stuckeys; Cone intended to add a new fueling
facility.
URL:http://www.tba.org/tba_files/TCA/CONEOIL.OPN.WP6
MELINDA H. SCOTT DAILEY and husband, THOMAS DAILEY,
v.
LOIS J. BATEMAN and husband, RICKY BATEMAN, and CITY OF McKENZIE,
Court:TCA
W. Gary Blackburn,
BLACKBURN, SLOBEY, FREEMAN & HAPPELL, Nashville, Tennessee
Attorney for Defendant/Appellant, City of McKenzie.
Charles L. Hickes, Camden, Tennessee
Attorney for Plaintiffs/Appellees.
Judge: FARMER, J.
First Paragraph:
Melinda H. Scott Dailey and husband, Thomas Dailey (the Daileys or
Plaintiffs) sued the City of McKenzie (the City or Defendant)
under the GTLA, T.C.A. 29-20-101-407 (1980 & Supp. 1995) for
damages arising from an automobile accident that occurred within the
City. Plaintiffs also sued Lois J. Bateman and Ricky Bateman. Ms.
Bateman made claim against the City for property damage.
URL:http://www.tba.org/tba_files/TCA/DAILEYM.OPN.WP6
EQUITEC REAL ESTATE INVESTORS FUND XII,
v.
POPLAR PIKE, INC., (a/k/a WINCOR, INC.), JOHN E. GOODWIN and CHARLES
EUGENE GOODWIN,
Court:TCA
Jerome A. Broadhurst, Harkavy, Shainberg, Kosten & Pinstein
of Memphis, For Plaintiff-Appellee
Donald W. Pemberton of Memphis for Defendants-Appellants
Judge: W. FRANK CRAWFORD,
First Paragraph:
This appeal involves a suit seeking damages based upon a lease
agreement and a guaranty of that lease agreement. Defendants, Poplar
Pike, Inc., and Charles Eugene Goodwin, appeal from the judgment of
the chancery court awarding money damages against them to plaintiff
Equitec Real Estate Investment Fund XII (Equitec). The lease
agreement in question is dated January 23, 1988, and on its face is
between Equitec Investors Fund, XII, lessor, and Poplar Pike, Inc.,
lessee. The ultimate question in this appeal is whether the named
lessee, Poplar Pike, Inc., is the Delaware corporation, Poplar Pike,
Inc., or a Tennessee corporation chartered as Poplar Pike Co., Inc.
On January 23, 1988, Equitec and Poplar Pike also executed a letter
agreement as a part of the lease agreement.
URL:http://www.tba.org/tba_files/TCA/EQUITEC.OPN.WP6
DON GIBSON, v. JIM CLEMENTS,
Court:TCA
JOHN M. NEAL, Knoxville and JERRY GALYON, Sevierville, for appellant.
TIMOTHY W. JONES, Kite & Jones, Sevierville, for appellee.
Judge: McMurray, J.
First Paragraph:
This case stems from a contract whereby the plaintiff sold a going
business known as "The Mountain Man" to the defendant. The purchase
price was financed by the plaintiff seller. The plaintiff retained a
security interest in the assets of the business as security for
payment. The plaintiff, fearing that the defendant was liquidating
the merchandise, obtained a writ of attachment and sued for all
amounts due under the contract. The defendant filed an answer wherein
he denied the underlying facts upon which the attachment was issued
and filed a counterclaim wherein he sought rescission of the contract
based upon misrepresentation, damages for loss of income, loss of
business, trouble [sic] damages, attorney's fees and costs as provided
by T.C.A. 47-18-104, the "Tennessee Consumer Protection Act of
1977."
URL:http://www.tba.org/tba_files/TCA/GIBSOND.OPN.WP6
GENEVA GRAHL, v. GREGORY SCOTT JUDKINS and JEFFREY TODD JUDKINS, )
Court:TCA
NORMAN H. NEWTON and DUNCAN V. CRAWFORD, Crawford, Crawford & Newton,
Maryville, for appellants.
DAVID R. DUGGAN and J. MICHAEL GARNER, Maryville, for Appellee.
Judge:McMurray, J.
First Paragraph:
The parties are the heirs of Ms. Lillie Davis. The controversy in
this action arises from the action of the trial court in approving a
final accounting by the appellee, Geneva Grahl, in her capacity as
conservator of the estate and person of Ms. Davis, now deceased.
URL:http://www.tba.org/tba_files/TCA/GRAHL.OPN.WP6
LINDA GRANTHAM and WILBURN GRANTHAM,
v.
JACKSON-MADISON COUNTY GENERAL HOSPITAL DISTRICT,
Court:TCA
Jerry D. Kizer, Jr.,
Dale Conder, Jr.
RAINEY, KIZER, BUTLER, REVIERE & BELL, P.L.C., Jackson, Tennessee
Attorney for Defendant/Appellant.
James T. Sanderson,
William G. Hatton,
JAMES T. "JIM" SANDERSON & ASSOCIATES, P.C., Bolivar, Tennessee
Attorneys for Plaintiffs/Appellees.
Judge: FARMER, J.
First Paragraph:
In this case, Defendant-Appellant, Jackson-Madison County General
Hospital District, (Hospital District or Defendant) appeals the
trial courts judgment granting the Motion to Amend Complaint filed by
Plaintiffs-Appellees, Linda and Wilburn Grantham (Granthams or
Plaintiffs).
URL:http://www.tba.org/tba_files/TCA/GRANTHAM.OPN.WP6
LESA HAGER and BONNIE LENTS,v. J. ARNOLD FITZGERALD,
Court:TCA
NATHAN E. BROOKS, Chattanooga, for Appellants.
W.B. LUTHER, and SHANE USARY, Chattanooga, for Appellee.
Judge: Franks. J.
First Paragraph:
Plaintiffs brought this action against their attorney, alleging that
he was guilty of fraud, outrageous conduct, legal malpractice, and
breach of fiduciary duty in purchasing the proceeds of the structured
settlements entered by the plaintiffs.
URL:http://www.tba.org/tba_files/TCA/HAGERLES.OPN.WP6
ACHSA HORNE,v. FRANK WARMATH and wife, THERESA WARMATH,
Court:TCA
H. MAX SPEIGHT
Martin, Tennessee
Attorney for Plaintiff/Appellant
MARK F. GALLIEN
MARK F. GALLIEN, P.C.
Martin, Tennessee
Attorney for Defendants/Appellees
Judge: ALAN E. HIGHERS, J.
First Paragraph:
In this boundary line dispute, the trial court held that defendants
acquired title to the subject property by adverse possession.
Plaintiff has appealed and argues that the evidence preponderates
against the trial courts determination in this regard. We find
plaintiffs contentions to be without merit; therefore, we affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCA/HORNEA.OPN.WP6
J. B. LORING,
v.
NASHVILLE ELECTRIC SERVICE AND POWER BOARD OF METROPOLITAN GOVERNMENT
OF NASHVILLE, DAVIDSON COUNTY, TENNESSEE,
Court:TCA
DONALD D. HILDEBRAND TRACY SHAW
214 Third Ave. N. Howell & Fisher
Nashville, TN 37201 300 James Robertson Pkwy.
Attorney for Plaintiff/Appellant Court Square Bldg.
Nashville, TN 37201
Attorney for Defendant/Appellee
Judge: WILLIAM H. INMAN
First Paragraph:
The appellant questions the granting of summary judgment on various
grounds. We think the case was proper for a Rule 56 disposition and
therefore affirm the judgment.
URL:http://www.tba.org/tba_files/TCA/LORINGJB.OPN.WP6
JAMES T. MORROW and wife, DONNA J. MORROW, ET AL,
v.
BETTY BOBBITT in her capacity as County Trustee for Fayette County,
Tennessee, and ANNE HILL,
Court:TCA
James F. Arthur, III, Germantown, Tennessee
Attorney for Defendant/Appellant Anne Hill.
J. Payson Matthews, Somerville, Tennessee
Attorney for Defendant/Appellant Betty Bobbitt, Trustee
C. Thomas Cates,
R. Porter Feild,
BURCH, PORTER & JOHNSON
Attorney for Plaintiffs/Appellees.
Judge: FARMER, J.
First Paragraph:
In this case, Defendant-Appellant, Dr. Anne Hill (Dr. Hill or
Defendant), appeals the decision of the Chancery Court of Fayette
County, setting aside a tax deed challenged by Plaintiffs-Appellants,
James T. Morrow, Donna Morrow, John Berry Morrow, Donnie Steve Morrow,
Gerald Russell Morrow, Jr. and Tracy Ann Morrow Medley (the Morrows
or Plaintiffs).
URL:http://www.tba.org/tba_files/TCA/MORROWJT.OPN.WP6
OWEN LUMBER & MILLWORK, INC.,
v.
NATIONAL EQUITY CORPORATION, GREGG P. HUGGINS, MICHELLE W. HUGGINS,
NATIONAL MORTGAGE COMPANY, DELTA TITLE COMPANY, CORDOVA BANK & TRUST
COMPANY, and DAVID F. LEAKE, TRUSTEE,
Court:TCA
Albert G. McLean, McLean & Stark of Memphis
For Appellant
Alex C. Elder of Bourland, Heflin, Alvarez, Holley & Minor
of Memphis, For Appellees
Judge: W. FRANK CRAWFORD
First Paragraph:
This appeal involves a suit to enforce a materialmens lien.
Plaintiff, Owen Lumber and Millwork, Inc., appeals from the order of
the chancery court which granted defendants, Gregg P. Huggins,
Michelle W. Huggins, National Mortgage Co., and Delta Title Company,
Trustee, summary judgment, and which denied its motion for summary
judgment.
URL:http://www.tba.org/tba_files/TCA/OWENLUM.OPN.WP6
TINA M. PACK,
v.
T.T. ENTERPRISES, INC. d/b/a GARY YEOMANS FORD, INC. and GARY YEOMANS
FORD/LINCOLN/ MERCURY,
Court:TCA
David A. Burkhalter, II, Knoxville, For the Appellant
Perry P. Paine, Jr., Maryville, For the Appellee
Judge: INMAN
First Paragraph:
The plaintiff challenges the granting of a directed verdict against
her in this case. We find that this was not a proper case for the
granting of a directed verdict and therefore reverse and remand the
case for a new trial.
URL:http://www.tba.org/tba_files/TCA/PACKTINA.OPN.WP6
SUSAN POWELL, v. WILLIAM D. POWELL,
Court:TCA
Steven L. West of McKenzie
For Appellee
William D. Powell, Pro Se
Judge: W. FRANK CRAWFORD
First Paragraph:
This appeal involves a dispute concerning modification of a child
custody and support decree. The facts are as follows: In 1978,
plaintiff-appellee, Susan Powell, and defendant appellant, William D.
Powell, were married in Columbia, Missouri. In 1983, Mr. and Mrs.
Powell moved to Los Alamos, New Mexico, where they resided together
with their three children until 1993. In May, 1993, the parties were
divorced in the Los Alamos County First Judicial District Court. The
final decree, entered on May 10, 1992, incorporated a Marital
Settlement Agreement and Parenting Plan, entered into by the parties
prior to the divorce. The Marital Settlement Agreement incorporated
into the divorce decree provided that the parties would have joint
custody of the children, and Ms. Powell would have primary physical
custody of the children.
URL:http://www.tba.org/tba_files/TCA/POWELLS.OPN.WP6
JAYNE MOORE TREW (CORNWELL) v. GLEN ALLEN TREW, SR.,
Court:TCA
Donald S. Caulkins, Caulkins & Caulkins, Franklin, Tennessee for
Defendant/Appellant.
Carol L. Soloman, Nashville, Tennessee
Robert W. Rutherford, Nashville, Tennessee,
For Plaintiff/Appellee.
Judge: FARMER, J.
First Paragraph:
Jayne Moore Trew, now Cornwell, (Mother) and Glen Allen Trew, Sr.
(Father) were divorced in 1993 by decree of the Chancery Court for
Williamson County, Tennessee. Mother was awarded custody of the
parties two minor children and moved to South Carolina in 1994. In
July, 1995, Father filed a petition in the Chancery Court for
Williamson County seeking to modify or change custody.
URL:http://www.tba.org/tba_files/TCA/TREWJM.OPN.WP6
LARRY VAUGHAN and wife, LINDA L. VAUGHAN,
v.
SUSAN RAE MORRIS, CLORINDA REESE PYEATT, JOHN K. WILSON, and ERNEST
EDGAR WILSON, JR.,
Court:TCA
R.W. HARDISON
219 West Seventh Street
P. O. Box 1967
Columbia, Tennessee 38402-1967
ATTORNEY FOR PLAINTIFFS/APPELLEES
GARY M. HOWELL
P. O. Box 442
Columbia, Tennessee 38402
ATTORNEY FOR DEFENDANTS/APPELLANTS
Judge: SAMUEL L. LEWIS
First Paragraph:
Defendants/appellants, John K. Wilson and Earnest Edgar Wilson, Jr.,
appealed from the judgment of the chancery court which found that
plaintiffs/appellees, Larry and Linda Vaughan, held title to a
contested tract of land.
URL:http://www.tba.org/tba_files/TCA/VAUGHANL.OPN.WP6
KENNETH ALLEN ARVIN, JR, v. DAVID MILLS, WARDEN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Kenneth Allen Arvin, Jr. Charles W. Burson
Pro Se Attorney General and Reporter
Turney Center/Prison and Farm 450 James Robertson Parkway
Route One Nashville, Tennessee 37243-0493
Only, Tennessee 37140-9709
Ellen H. Pollack
Assistant Atty. Gen. & Reporter
450 James Robertson Parkway
Nashville, Tennessee 37243-0493
Joseph D. Baugh, Jr.
District Attorney General
Ronald Davis
Assistant District Attorney
P.O. Box 937
Franklin, Tennessee 37243
Judge: William M. Barker
First Paragraph:
The appellant, Kenneth Allen Arvin, Jr., appeals as of right the trial
courts dismissal of his petition for a writ of habeas corpus. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/ARVINKA.OPN.WP6
STATE OF TENNESSEE, v. RAY ANTHONY FARMER,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL JONES CHARLES W. BURSON
District Public Defender Attorney General & Reporter
COLLIER W. GOODLETT CYRIL V. FRASER
Asst. Public Defender Asst. Attorney General
109 South Second St. 450 James Robertson Pkwy.
Clarksville, TN 37041 Nashville, TN 37243-0493
JOHN W. CARNEY
District Attorney General
WILLIAM CLOUD
Asst. District Attorney General
204 Franklin St., Suite 200
Clarksville, TN 37041
Judge: JOHN H. PEAY,
First Paragraph:
The defendant was charged in the indictment with burglary. He was
found guilty at a jury trial and was sentenced to twelve years in the
Department of Correction as a career offender. In this appeal as of
right, the defendant challenges the States alleged failure to comply
with Tenn. R. Crim. P. 16(a)(1)(C) regarding discovery of tangible
objects. We find that the defendants issue lacks merit, and his
conviction is therefore affirmed.
URL:http://www.tba.org/tba_files/TCCA/FARMERRA.OPN.WP6
RONALD HORACE FREEMAN, JR., v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Victoria L. DiBonaventura Charles W. Burson
209 West Wood Street Attorney General & Reporter
Paris, TN 38242 500 Charlotte Avenue
Nashville, TN 37243-0497
Robin L. Harris
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
G. Robert Radford
District Attorney General
P. O. Box 686
Huntingdon, TN 38344-0686
Vicki S. Snyder
and
Todd Rose
Assistant District Attorneys General
P. O. Box 686
Huntingdon, TN 38344-0686
Judge: JOE B. JONES
First Paragraph:
The petitioner, Ronald Horace Freeman, Jr., appeals as of right from a
judgment of the trial court dismissing his suit for post-conviction
relief. The trial court found that the petitioner received the
effective assistance of counsel guaranteed by the United States and
Tennessee Constitutions. In this Court, the petitioner contends that
he was not afforded his constitutional right to the effective
assistance of trial counsel because trial counsel failed to request a
jury instruction regarding testimony of an accomplice.
URL:http://www.tba.org/tba_files/TCCA/FREEMANR.OPN.WP6
STATE OF TENNESSEE, v. RONNIE GORDON, also known as BOBBY BROWN, )
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Larry B. Hoover Charles W. Burson
Attorney at Law Attorney General & Reporter
500 Church Street 450 James Robertson Parkway
Nashville, TN 37219 Nashville, TN 37243-0497
Renee F. Videlefsky
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
222 Second Avenue, North, Suite 500
Nashville, TN 37201-1649
Deb U. Smith
Assistant District Attorney General
222 Second Avenue, North, Suite 500
Nashville, TN 37201-1649
Judge: Joe B. Jones
First Paragraph:
The appellant, Ronnie Gordon, also known as Bobby Brown, was convicted
of theft over $500, a Class E felony, by a jury of his peers. The
trial court found that the appellant was a career offender and
imposed a sentence consisting of confinement for six (6) years in a
regional workhouse. The appellant presents two issues for review. He
contends that the evidence is insufficient to support his conviction.
He also contends that the sentence imposed by the trial court is
excessive. After a thorough review of the briefs, the record, and the
law governing the issues presented for review, it is the opinion of
this Court that the judgment of the trial court should be affirmed.
URL:http://www.tba.org/tba_files/TCCA/GORDONR.OPN.WP6
STATE OF TENNESSEE, v. GLENN BERNARD MANN,
Court:TCCA
For the Appellant For the Appellee
William P. Redick, Jr. Charles W. Burson
Peter D. Heil Attorney General and Reporter
Capital Case Resource Center
704 18th Ave. South
Nashville, TN 37203 Amy L. Tarkington
Assistant District Attorney General
Criminal Justice Division
450 James Robertson Pkwy.
Nashville, TN 37243-0493
C. Phillip Bivens
District Attorney General
Dyer County Courthouse
Dyersburg, TN 38024
Judge: David G. Hayes
First Paragraph:
The appellant, Glenn Bernard Mann, was convicted of premeditated first
degree murder, aggravated rape, and aggravated burglary. At the
conclusion of the penalty phase of the trial, the jury found two
aggravating circumstances: first, the murder was especially heinous,
atrocious, or cruel in that it involved torture or serious physical
abuse beyond that necessary to produce death, Tenn. Code Ann.
39-13-204(I)(5) (1991); second, the murder was committed while the
appellant was engaged in committing burglary, Tenn. Code Ann. 39-13
204(I)(7). The jury further found that the aggravating circumstances
outweighed the evidence of mitigating circumstances beyond a
reasonable doubt and sentenced the appellant to death by
electrocution.
URL:http://www.tba.org/tba_files/TCCA/MANNGB.OPN.WP6
STATE OF TENNESSEE, v. CEDRIC E. STAMPLEY,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Cedric E. Stampley, pro se Charles W. Burson
#93293151/4-E Attorney General & Reporter
201 Poplar Avenue 500 Charlotte Avenue
Memphis, TN 38103 Nashville, TN 37243-0497
Samuel Perkins Ellen H. Pollack
22 North Second Street Assistant Attorney General
Memphis, TN 38103 450 James Robertson Parkway
(Elbow Counsel) Nashville, TN 37243-0493
John W. Pierotti
District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103-1947
James C. Beasley, Jr.
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103-1947
Judge: JOE B. JONES
First Paragraph:
The appellant, Cedric E. Stampley, was convicted of an attempt to
commit murder in the first degree, a Class A felony, by a jury of his
peers. The trial court found that the appellant was a standard
offender and imposed a Range I sentence consisting of confinement for
twenty-three (23) years in the Department of Correction. Six issues
are presented for review. The appellant contends that the trial court
committed error of prejudicial dimensions by (1) denying his motion
for transcripts of the pretrial hearings and daily transcripts during
the two-day trial, (2) denying him access to the courts by restricting
his telephone privileges, (3) admitting the victims pretrial
identification when the photographs shown to the victim were
suggestive and prejudicial, (4) denying his right to confront his
accusers, (5) imposing an excessive sentence, and (6) denying his
motion for arrest of judgment post-trial.
URL:http://www.tba.org/tba_files/TCCA/STAMPLEY.OPN.WP6
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