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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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