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TBALink Opinion-Flash
August 27, 1996 -- Volume #2 -- Number #78
Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.
- This Issue IN THIS ORDER:
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 02-New Opinons From TSC-Workers Comp Panel
- 17-New Opinons From TCA
- 12-New Opinons From TCCA
- 00-New Opinons From TSC
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plain text version of the opinion.
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WP 6.0 document. version of the opinion.
- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
George Dean
TBALink Chief Editor
AUTTO LEE TAYLOR, SR. v. BAILEY-PARKS URETHANE, INC., w/JUDGMENT ORDER Court:TSC - Workers Comp Panel For the Appellant: For the Appellee: Stephen D. Goodwin Lloyd C. McDougal, III Baker, Donelson, Bearman & Caldwell Memphis, TN Memphis, TN Judge: White, Judge First Paragraph: This workers compensation appeal has been referred to the Special Workers Compensation Appeals Panel of the Supreme Court in accordance with TN Code Annotated section 50-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal the employer contends no notice was given and causation was not proven. The trial judge found proper notice and a work-related injury. This panel affirms the judgment of the trial judge. URL:http://www.tba.org/tba_files/TSC_WCP/TAYLORAL.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/TAYLORAL.JDG.WP6
NATHANIEL BOWERMAN, JR., and BRIDGET CHADWICK, EX REL., ON BEHALF OF
ADAM MICHAEL BOWERMAN, D.O.B. 6-5-84
v.
NATHANIEL BOWERMAN, SR., and LOUISE BOWERMAN,
Court:TCA
S. DAWN COPPOCK, Strawberry Plains, for Plaintiffs-Appellants.
MARTIN J. LEVITT, LEVITT & LEVITT, Chattanooga, for Defendants
Appellees.
Judge: Franks. J.
First Paragraph:
In this action, Nathaniel Bowerman, Jr., the natural father of Adam
Michael Bowerman, is seeking custody of Michael and also seeks to set
aside a decree of adoption by defendants, paternal grandparents of
Michael, entered on November 5, 1986.
URL:http://www.tba.org/tba_files/TCA/BOWERMAN.OPN.WP6
GORDON D. CORBETT, JR.,
v.
CARLA SUE GODFREY CORBETT,
Court:TCA
For Appellant For Appellee
GRACE E. DANIELL ROGER E. JENNE
Starr & Daniell Jenne, Scott & Bryant
Chattanooga, TN Cleveland, TN
Judge: Susano, J.
First Paragraph:
This is a divorce case. At the time of the hearing, the parties had
been married 20 years. Their union produced two children, Heath
Corbett (DOB: April 24, 1980) and Crystal Corbett (DOB: May 11, 1984).
The trial court awarded the plaintiff Gordon D. Corbett, Jr.
(Husband) a divorce; granted custody of the parties children to the
defendant Carla Sue Godfrey Corbett (Wife); divided the parties
assets and liabilities; set child support at $125 per week; and denied
Wifes request for alimony.
URL:http://www.tba.org/tba_files/TCA/CORBETTG.OPN.WP6
ROBERT EDEN and wife, TAMELA S. EDEN, and HEATHER D. EDEN, b/n/f
ROBERT EDEN and wife, TAMELA S. EDEN,
VS.
MIKE JOHNSON and wife, PAT JOHNSON,
Court:TCA
MICHAEL W. EDWARDS
Hendersonville, TN
Attorney for Appellants
C. BENTON PATTON
MANIER, HEROD, HOLLABAUGH & SMITH
Nashville, TN
Attorney for Appellees
Judge: ALAN E. HIGHERS, J.
First Paragraph:
In this dog bite case, plaintiffs appeal from the trial court's grant
of summary judgment in favor of defendants.
URL:http://www.tba.org/tba_files/TCA/EDENROBT.OPN.WP6
JENNIFER FRANK
VS.
ALI NOUREDDINI and wife, OLIFATE NOUREDINNI, NATIONAL HOMES, INC.,
AMERICAN REALTY COMPANY, TERRY STEPHENS, LEE ANN HOFFMAN, BANC PLUS
MORTGAGE CORPORATION, EXCELLA MORTGAGE CORPORATION, SHIRLEY ADKINS,
ALAN SATURN AND THE U.S.A. INSURANCE CORPORATION OF NEW YORK, D/B/A
TITLE U.S.A.,
Court:TCA
Sherrie L. Durham #13224
111 West Division Street
Mt. Juliet, TN 37122
ATTORNEY FOR PLAINTIFFS/APPELLANTS
Fred Cowden #2469
211 Third Avenue North
Nashville, TN 37201
ATTORNEY FOR DEFENDANT/APPELLEE
Cornelius & Collins
C. Bennett Harrison, Jr. #5702
Suite 2700 Nashville City Center
P.O. Box 190695
Nashville, TN 37219-0695
ATTORNEY FOR DEFENDANT/APPELLEE
Michael J. Philbin #2897
One Union Street
P.O. Box 198169
Nashville, TN 37219-8169
ATTORNEY For DEFENDANT/APPELLEE
Judge: HENRY F. TODD
First Paragraph:
The Plaintiff, Jennifer Frank, has appealed from summary judgment in
favor of the Defendants, American Realty Company, Terry Stephens, Lee
Ann Hoffman, Shirley Adkins and Alan Saturn; and from a judgment in
favor of Plaintiff and against the Defendant, Ali Noureddini in the
amount of $50,000. Other captioned Defendants are not involved
in this appeal.
URL:http://www.tba.org/tba_files/TCA/FRANK.OPN.WP6
GREENE COUNTY BANK,
v.
SOUTHEASTERN PROPERTIES, INC.,
Court:TCA
KENNETH CLARK HOOD, ROGERS, LAUGHLIN, NUNNALLY, HOOD & CRUM,
Greeneville, for Plaintiff-Appellee.
L. LEE KULL, BIRD, NAVRATIL, KUILL & McCROSKEY, Maryville, for
Defendants-Appellants.
Judge: Franks. J.
First Paragraph:
In this action in debt, the Chancellor entered judgment against
defendants for the deficiency and pre-judgment interest.
URL:http://www.tba.org/tba_files/TCA/GREENECO.OPN.WP6
GAYLEY HESTER,
v.
TITAN WHEEL INTERNATIONAL, INC., DYNEER CORPORATION, and DICO TIRE,
INC.,
Court:TCA
DONALDSON M. LEAKE and JAMES E. WINTERS, Kramer, Rayson, Leake,
Rodgers & Morgan, Knoxville, for the appellants.
WILLIAM S. LOCKETT, JR., and NATASHA K. METCALF, Kennerly, Montgomery
& Finley, P.C., Knoxville, for the appellee.
Judge: McMurray, J.
First Paragraph:
This is a contract action based upon an alleged breach of a
termination of employment contract by the defendants. The case was
tried before a jury and a verdict was rendered in favor of the
plaintiff awarding damages in the amount of $25,840.00. Judgment was
duly entered thereon. The defendants appeal. We affirm the judgment
of the trial court.
URL:http://www.tba.org/tba_files/TCA/HESTERG.OPN.WP6
RICHARD P. JAHN, JR., LIQUIDATING TRUSTEE FOR CRESCENT OAKS
INVESTMENTS, LTD., AND AS BANKRUPTCY TRUSTEE FOR RICHARD CARMACK,
v.
J. FRANK HARRISON, JR.
Court:TCA
Richard P. Jahn, Jr., Chattanooga, For the Appellant
John W. Murray, III, Chattanooga, For the Appellee
Judge: INMAN
First Paragraph:
Crescent Oaks Investments, Ltd. was a Limited Partnership engaged in
the business of constructing and operating apartment complexes. It
had only one general partner, Richard E. Carmack.
URL:http://www.tba.org/tba_files/TCA/JAHN.OPN.WP6
STANLEY KEEBLER and wife, LEE H. MORRIS KEEBLER,
v.
CITY OF JOHNSON CITY,
Court:TCA
THOMAS C. JESSEE, Johnson City, for Appellant.
K. ERICKSON HERRIN, Herrin, Booze & Rambo, Johnson City, for Appellee.
Judge: McMurray, J.
First Paragraph:
The plaintiffs brought this action on the theory of trespass and
nuisance claiming that the defendant unlawfully diverted surface
waters upon their property during the course of improving an adjacent
street. After a bench trial, judgment was entered in favor of the
plaintiffs in the amount of $137.00. The plaintiffs appealed. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCA/KEEBLERS.OPN.WP6
CORA LADELL HELTON KIMBROUGH, v. DONALD HENRY HELTON,
Court:TCA
William P. Jones
Hendersonville, TN
Attorney for Appellant
Nancy Kay Corley
R. Patrick Parker
Nashville, TN
Attorneys for Appellee
Judge: WILLIAM H. WILLIAMS
First Paragraph:
This case involves a motion for summary judgment arising initially out
of a divorce proceeding in the Chancery Court of Sumner County,
TN. The decree of divorce filed on December 20, 1991 and
contained therein a marital dissolution agreement between the parties
which provided, inter alia, for the payment by the Husband/Appellant
to the Wife/Appellee the sum of $50,000 termed as alimony in solido.
The amount was to be paid over a period of five years in cash of
$11,000 first payment, and thereafter beginning February 1, 1992 the
sum of $24,000 payable at $400 monthly together with interest from
entry of the final decree, and three concurrent future payments of
$5,000 each on certain dates specified in the marital dissolution
agreement.
URL:http://www.tba.org/tba_files/TCA/KIMBROUG.OPN.WP6
FRANCES S. LYONS, As Executrix of the Estate of John Phillips
v.
FIRST AMERICAN NATIONAL BANK, and VIOLA LEONARD,
Court:TCA
RICK J. BEARFIELD, Johnson City, for Defendant-Appellee, First
American National Bank.
STEVE MERRITT, Maryville, for Defendant-Appellee, Viola Leonard.
Judge: Franks. J.
First Paragraph:
This declaratory judgment action was initially filed by the Deceased,
John C. Phillips, against First American National Bank (Bank), asking
a decree be entered removing the name of his daughter, Viola J.
Leonard, from two certificates of deposit which Phillips claimed to
have pledged to secure Leonards debt. Subsequently, Phillips amended
his complaint to add Viola J. Leonard as a defendant, and charged that
Leonard had defrauded Phillips in obtaining the security
arrangement wherein Phillips certificates of deposit were changed
from his sole ownership to their names jointly with the right of
survivorship.
URL:http://www.tba.org/tba_files/TCA/LYONSF.OPN.WP6
NASHVILLE PAINTING CORP.,
VS.
RAY BELL CONSTRUCTION CO., INC. and INSURANCE COMPANY OF NORTH AMERICA,
Court:TCA
GREGORY L. CASHION CAROL R. CONNOR MANIER, HEROD, HOLLABAUGH & SMITH
Nashville, TN Attorneys for Appellants
CHARLES W. SURASKY SMITH, CURRIE & HANCOCK Atlanta, Georgia DIANNA
BAKER SHEW FARRIS, WARFIELD & KANADAY Nashville, TN Attorneys
for Appellee
Judge: ALAN E. HIGHERS, J.
First Paragraph:
This suit was brought by a subcontractor, Nashville Painting
Corporation (NPC), to recover for extra-contractual work allegedly
performed and for the balance due under the subcontract. The trial
court dismissed appellants counterclaim for breach of contract and
awarded $137,002.00 to NPC. Appellant has raised four issues on
appeal, which are: (1) whether the trial court erred in finding that
NPC had completed all of the work that it was contractually obligated
to perform by June 1, 1992; (2) whether the trial court erred in
awarding NPC additional compensation for work performed after June 1,
1992; (3) whether the trial court erred in dismissing appellants
counter-claim; and (4) whether the trial court erred in finding that
appellant had waived the written change order provision of the
subcontract.
URL:http://www.tba.org/tba_files/TCA/NASHPAIN.OPN.WP6
MICHELLE MARIE YOUNG NELSON,
vs.
ROBERT RICHARD NELSON,
Court:TCA
L. CAESAR STAIR III, and ELIZABETH K. B. MEADOWS, Knoxville,
JOHN D. LOCKRIDGE and SCARLETT A BEATY, Knoxville, for appellee.
Judge: McMurray, J.
First Paragraph:
This action began as a divorce action between the parties. After an
extensive bench trial, the court awarded a divorce pursuant to T.C.A.
36-4-129. Custody of the parties minor children was given to the
husband with the wife having specified visitation privileges. The
court further ordered child support to be paid in accordance with the
Child Support Guidelines; however no specific amount of child support
was established. Finally, the court divided the marital property
between the parties. From the judgment of the trial court this appeal
resulted. We affirm in part, modify in part and remand with
instructions.
URL:http://www.tba.org/tba_files/TCA/NELSONMM.OPN.WP6
JUDY PARRISH,
VS.
HOSPITAL CORPORATION OF AMERICA, d/b/a CENTENNIAL MEDICAL CENTERS
Court:TCA
C. J. Gideon, Jr.
GIDEON & WISEMAN
414 Union Street
Suite 1900, NationsBank Plaza
Nashville, TN 37219
ATTORNEY FOR PLAINTIFF/APPELLEE
Sonya W. Henderson
218 W. Main Street
Suite One
Murfreesboro, TN 37130
ATTORNEY FOR DEFENDANT/APPELLANT
Judge: HENRY F. TODD
First Paragraph:
The captioned Plaintiff has appealed from a summary judgment
dismissing her suit against the captioned Defendant for the wrongful
death of Whitney Parrish by suicide while a patient in Defendants
hospital.
URL:http://www.tba.org/tba_files/TCA/PARRISHJ.OPN.WP6
ROSIE LEE CLARK REED, v. GINGER REED and DAVID REED
Court:TCA
Duncan V. Crawford, Maryville, For the Appellant
Robert N. Goddard, Maryville, For the Appellee
Judge: INMAN
First Paragraph:
The issue on appeal is whether or not the surviving spouse and sole
beneficiary of her deceased husbands will was entitled to an
extension of time within which to elect to take an elective share of
her husbands estate pursuant to T.C.A. 31-4-101(a)(2). The trial
judge denied the motion, the propriety of which is presented for
review.
URL:http://www.tba.org/tba_files/TCA/REEDLK.OPN.WP6
MARY SWETT,vs.MARGARET GORDON,
Court:TCA
DOUGLAS R. BEIER, Evans & Beier, Morristown, for Appellant.
THOMAS D. SHELBURNE, Rogersville, for Appellee.
Judge: McMurray, J.
First Paragraph:
In this action, the plaintiff sought judgment against the defendant
for the sum of $99,960.00 allegedly due under the terms of an oral
contract for accounting services she had provided to the defendant.
The defendant answered and denied the allegations of the plaintiff
relating to the debt. After a bench trial the trial court entered
judgment in favor of the plaintiff in the amount of $3,440.00 plus
interest of 10% per annum from June 1, 1993. The plaintiff appeals.
We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCA/SWETTM.OPN.WP6
PAUL THOMPSON,
vs.
CRESWELL INDUSTRIAL SUPPLY, INC., and CHEROKEE SUPPLY CO.,
Court:TCA
JERRY H. SUMMERS and JIMMY F. ROGERS, JR., Summers, McCrea & Wyatt,
P.C., Chattanooga, for appellants.
JOHN P. KONVALINKA and MATHEW D. BROWNFIELD, Grant, Konvalinka &
Harrison, P.C., Chattanooga, for appellee.
Judge: McMurray, J.
First Paragraph:
This is an appeal from the judgment of the Chancery Court of Hamilton
County concerning commissions allegedly due under two oral employment
contracts. The plaintiff/Appellee, Paul Thompson, filed suit against
Creswell Industrial Supply, Inc., and Cherokee Supply, Inc., claiming
that they were obligated to pay him 35 percent of the gross sales he
generated for each company during parts of 1991. The defendants
claimed that the plaintiff had agreed to a revision of his employment
contracts concerning commissions.
URL:http://www.tba.org/tba_files/TCA/THOMPSNP.OPN.WP6
KENNETH ATCHLEY WATSON, v. SANDRA GAYLE MALLARD WATSON
Court:TCA
M. Jeffrey Whitt, Knoxville, For the Appellant
Perry P. Paine, Jr., Maryville, For the Appellee
Judge: INMAN
First Paragraph:
In this domestic relations case the appellant, hereafter wife,
complains of the distribution of marital assets and allocation of
liabilities. Specifically, she argues: (1) that a residence was
overvalued, (2) that property described as the Chapman Highway
property was undervalued, and (3) that the debts allocated to her were
understated.
URL:http://www.tba.org/tba_files/TCA/WATSONKA.OPN.WP6
STATE OF TN, v. TONY BARRETT,
Court:TCCA
For the Appellant: For the Appellee:
Comer L. Donnell Charles W. Burson
District Public Defender Attorney General & Reporter
450 James Robertson Parkway
Howard L. Chambers Nashville, TN 37243-0493
Asst. District Public Defender
213 N. Cumberland Street Cyril V. Fraser
Lebanon, TN 37087 Asst. Attorney General
Tom P. Thompson, Jr.
District Attorney General
David Durham
Asst. District Attorney General
Judge: William M. Barker
First Paragraph:
The appellant, Tony Barrett, appeals from the Wilson County Criminal
Courts judgment revoking his community corrections sentence. He
contends that the trial court erred not only in revoking the sentence
but also in resentencing him to an excessive term. We agree that the
trial court committed reversible error. The case is remanded for
resentencing in accordance with this opinion.
URL:http://www.tba.org/tba_files/TCCA/BARRETT.OPN.WP6
STATE OF TN, v. RICHARD BROWN and KEITH PUCKETT,
Court:TCCA
FOR THE APPELLANTS: FOR THE APPELLEE:
BROWN: CHARLES W. BURSON
J. TIMOTHY STREET Attorney General and Reporter
136 Fourth Ave. South
Franklin, TN 37064 WILLIAM DAVID BRIDGERS
Assistant Attorney General
PUCKETT:
D. STUART CAULKINS
212 East Main St.
Franklin, TN 37064 JOSEPH P. BAUGH
District Attorney General
Judge: WILLIAM S. RUSSELL
First Paragraph:
Richard N. Brown and Keith Puckett appeal from their joint trial
convictions. Brown was convicted of especially aggravated kidnapping,
robbery and conspiracy to commit aggravated kidnapping; with resultant
sentences respectively of twenty years, three years plus a $1,500.00
fine and eight years. The twenty and eight years are to be served
concurrently and the three years consecutively, for an effective total
of twenty-three years.
URL:http://www.tba.org/tba_files/TCCA/BROWNPUC.OPN.WP6
PATRICK COLLIER, VS. STATE OF TN,
Court:TCCA
For the Appellant: For the Appellee:
Andrei Ellen Lee Charles W. Burson
961 Woodland Street Attorney General & Reporter
Suite 100 450 James Robertson Parkway
Nashville, TN 37206 Nashville, TN 37243-0493
Renee F. Videlefsky
Asst. Attorney General
Victor S. Johnson, III
District Attorney General
Roger Moore
Asst. District Attorney General
William M. Barker
First Paragraph:
The appellant, Patrick Collier, appeals from the Davidson County
Criminal Courts judgment denying his petition for post-conviction
relief. He alleges that he was denied his right to the effective
assistance of counsel at trial. The trial court denied relief after
conducting two evidentiary hearings. We find no error and affirm the
judgment.
URL:http://www.tba.org/tba_files/TCCA/COLLIERP.OPN.WP6
AARON D. HARRIS, V. STATE OF TN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Michael T. Circeo Charles W. Burson
Attorney at Law Attorney General & Reporter
4548 Brainerd Road 450 James Robertson Parkway
Chattanooga, TN 37411 Nashville, TN 37243-0497
Eugene J. Honea
Assistant Attorney General
C. Leland Davis
Assistant District Attorney General
Judge: Joe B. Jones
First Paragraph:
The appellant, Aaron D. Harris, appeals as of right from a judgment of
the trial court dismissing his suit for post-conviction relief
following an evidentiary hearing. The trial court found that the
appellants guilty plea passed constitutional muster and that he
received effective assistance of counsel. In this Court, the
appellant contends that the trial court should have granted his
request for post-conviction relief on both grounds. After a thorough
review of the briefs submitted by the parties, the record, and the
authorities which control the issues presented for review, it is the
opinion of this Court that the judgment of the trial court should be
affirmed pursuant to Rule 20, TN Court of Criminal Appeals.
URL:http://www.tba.org/tba_files/TCCA/HARRISAA.OPN.WP6
MILTON HOLT, vs. STATE OF TN and MIKE DUTTON, Warden,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Thomas T. Overton Charles W. Burson
213 Third Avenue, North Attorney General of TN
Nashville, TN 37201 and
Cecil H. Ross
Assistant Attorney General
George Bonds
Assistant District Attorney
Judge: PER CURIAM
First Paragraph:
The petitioner, Milton Holt, appeals as of right from the dismissal of
his petition for habeas corpus relief in which he claimed that his
aggravated rape convictions and sentences were void. After a brief
evidentiary hearing, the trial judge denied the requested relief. For
the reasons discussed below we affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/HOLTMILT.OPN.WP6
STATE OF TN, VS. DAVID HUMPHREYS,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
CHERYL J. SKIDMORE CHARLES W. BURSON
629 E. Main St. Attorney General & Reporter
Hendersonville, TN 37075
(On Appeal) KAREN M. YACUZZO
Asst. Attorney General
JOE D. HARSH 450 James Robertson Pkwy.
123 Public Square Nashville, TN 37243-0493
Gallatin, TN 37066
(At Trial) LAWRENCE RAY WHITLEY
District Attorney General
KATHI PHILLIPS
Asst. District Attorney General
Judge: JOHN H. PEAY
First Paragraph:
The defendant was indicted for selling cocaine. He was convicted by a
jury, and was subsequently sentenced as a Range II multiple offender
to ten years in the TN Department of Correction. A five
thousand dollar ($5,000) fine was also assessed.
URL:http://www.tba.org/tba_files/TCCA/HUMPHRD.OPN.WP6
STATE OF TN, VS. JERMAINE HUNTER,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
LARRY B. HOOVER CHARLES W. BURSON
5th Fl., St. Cloud Corner Attorney General & Reporter
500 Church St.
Nashville, TN 37219 SARAH M. BRANCH
Counsel for the State
VICTOR S. JOHNSON, III
District Attorney General
NICHOLAS D. BAILEY
and
DIANE LANCE
Asst. District Attorneys General
Judge: JOHN H. PEAY
First Paragraph:
The defendant was indicted for first-degree murder and found guilty by
a jury. He was sentenced to life imprisonment. In this appeal as of
right, he challenges the sufficiency of the evidence and contends that
the trial court erred when it ruled admissible evidence about an
altercation between the defendant and the victims father four days
before the murder. After a review of the record, we find no merit in
the defendants issues and affirm the judgment below.
URL:http://www.tba.org/tba_files/TCCA/HUNTERJ.OPN.WP6
STATE OF TN, VS. ZACHARY LAMONT KENNEDY, JR.,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
DAVID DOYLE CHARLES W. BURSON
District Public Defender Attorney General & Reporter
NANCY B. MYERS MICHELLE L. LEHMANN
Asst. Public Defender Asst. Attorney General
18th Judicial District 450 James Robertson Pkwy.
117 E. Main St. Nashville, TN 37243-0493
Gallatin, TN 37066
LAWRENCE RAY WHITLEY
District Attorney General
DEE GAY
Asst. District Attorney General
Judge: JOHN H. PEAY
First Paragraph:
The defendant pled guilty to aggravated burglary on October 19, 1993.
On December 9, 1993, the trial court sentenced the defendant to three
years with the Department of Correction, ordering him to serve four
months incarceration with the remainder of the sentence to be
intensive probation. The defendant was also ordered to make
restitution to the victim and to serve two hundred hours of community
service. On May 22, 1995, the trial court revoked the
defendants probation, finding that he had done practically nothing
to meet the conditions of his probation. Accordingly, the trial court
ordered the defendant to serve one hundred twenty days in the county
jail to be followed by reinstatement to intensive probation.
URL:http://www.tba.org/tba_files/TCCA/KENNEDYZ.OPN.WP6
HERMAN LEE LUCAS, v. STATE OF TN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Kimberly A. Parton Charles W. Burson
Attorney at Law Attorney General & Reporter
407 Union Avenue, Suite 209 450 James Robertson Parkway
Knoxville, TN 37902 Nashville, TN 37243-0497
Eugene J. Honea
Assistant Attorney General
Randall E. Nichols
District Attorney General
Zane M. Scarlett
Assistant District Attorney General
Judge: Joe B. Jones
First Paragraph:
The appellant, Herman Lee Lucas, appeals as of right from a judgment
of the trial court dismissing his suit for post-conviction relief
following an evidentiary hearing. The trial court found that the
appellants guilty pleas met constitutional muster and he received
effective assistance of counsel. In this Court, the appellant
contends that the trial court erred in dismissing [his] post
conviction relief petition upon a finding that [he] had failed to
carry his burden of proof regarding the ineffective assistance claim.
URL:http://www.tba.org/tba_files/TCCA/LUCASHL.OPN.WP6
STATE OF TN, VS. WILLIAM D. PEWITT,
Court:TCCA
For the Appellant: For the Appellee:
Vanessa P. Bryan Charles W. Burson
Assistant Public Defender Attorney General and Reporter
407 C Main Street 450 James Robertson Parkway
P.O. Box 68 Nashville, TN 37243-0493
Franklin, TN 37065-0068
Charlotte H. Rappuhn
Assistant Attorney General
Joseph D. Baugh
District Attorney General
Judge: Rex Henry Ogle
First Paragraph:
The defendant, William D. Pewitt, was indicted on two counts of
assault and two counts of coercion of a witness. He was then
convicted of one count of assault and one count of coercion of a
witness in the Circuit Court for Williamson County. The trial court
imposed concurrent sentences of eleven months, twenty-nine days in the
county jail for assault and four years in the TN Department of
Correction for coercion.
URL:http://www.tba.org/tba_files/TCCA/PEWITTWD.OP.WP6
STATE OF TN, v. JAMES TERRY WHITE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Vanessa P. Bryan Charles W. Burson
Assistant Public Defender Attorney General & Reporter
P.O. Box 68 450 James Robertson Parkway
Franklin, TN 37065 Nashville, TN 37243-0497
OF COUNSEL: Clinton J. Morgan
Assistant Attorney General
John H. Henderson 450 James Robertson Parkway
District Public Defender Nashville, TN 37243-0493
Joseph D. Baugh
District Attorney General
Ronald L. Davis
Assistant District Attorney General
Judge: Joe B. Jones
First Paragraph:
The appellant, James Terry White, appeals as of right from a judgment
of the trial court revoking his probation and requiring him to serve
the sentence previously imposed by the court. Two issues are
presented for review. The appellant contends that (a) the trial court
abused its discretion by failing to either reinstate full probation,
intense probation, or sentence him to a community corrections
sentence, and (b) the trial court failed to state on the record
sufficient reasons for revoking his probation.
URL:http://www.tba.org/tba_files/TCCA/WHITEJT.OPN.WP6
STATE OF TN, v. NATHANIEL WILLIAMS,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Shawn G. Graham Charles W. Burson
Assistant Public Defender Attorney General & Reporter
605 East Carroll Street 450 James Robertson Parkway
Tullahoma, TN 37388-0260 Nashville, TN 37243-0497
OF COUNSEL: Michelle L. Lehmann
Assistant Attorney General
Bethel C. Smoot, Jr. 450 James Robertson Parkway
District Public Defender Nashville, TN 37243-0493
C. Michael Layne
District Attorney General
Stephen E. Weitzman
Assistant District AG
Judge: Joe B. Jones
First Paragraph:
The appellant, Nathaniel Williams, entered a plea of guilty to the
offense of selling cocaine under one-half gram, a Class C felony. The
trial court found that the appellant was a persistent offender and
imposed a Range III sentence consisting of a $2,000 fine and
confinement for twelve (12) years in the Department of Correction.
Two issues are presented for review. The appellant challenges the
range used to determine the length of his sentence and the length of
the sentence.
URL:http://www.tba.org/tba_files/TCCA/WILLIANA.OPN.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: