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.
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 08-New Opinons From TSC-Workers Comp Panel
- 11-New Opinons From TCA
- 15-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
CHARLES E. CAREY,v. CAROLINA FREIGHT CARRIERS CORPORATION, w/JUDGMENT ORDER Court:TSC - Workers Comp Panel For Appellant: For Appellee: James T. Ryal, Jr. William F. Kendall, III Adams, Ryal & Flippin, P.C. Steven W. Maroney Humboldt, TN Waldrop & Hall, P.A. Jackson, TN Judge: Holder First Paragraph: In its appeal, the employer contends that the evidence does not support the trial courts award of seventy percent (70%) to the lower extremity and that the trial court erred in computing the employees average weekly wage at $273.00 instead of $220.21 per week. The panel concludes that the evidence preponderates against the trial courts assessment of permanent disability and modifies the award to thirty-five percent (35%) to the lower extremity. Properly computed, the employees average weekly wage is $220.21 per week. URL:http://www.tba.org/tba_files/TSC_WCP/CAREYCE.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/CAREYCE.JDG.WP6 JOHN IVORY, JR., v. EMERSON MOTOR COMPANY, w/JUDGMENT ORDER Court:TSC - Workers Comp Panel For Appellant: For Appellee: Raymond L. Ivey P. Allen Phillips Ivey, Parish & Johns Waldrop & Hall, P.A. Huntingdon, TN Jackson, TN Judge: Holder First Paragraph: The employee contends the trial court erred in: 1. Failing to assign permanent partial disability to the right arm as opposed to the right hand; and 2. Limiting the award of permanent partial disability benefits to 55% to the right hand. We affirm the trial court in all respects. URL:http://www.tba.org/tba_files/TSC_WCP/IVORY.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/IVORY.JDG.WP6 JIMMY JOHNSON, v. WAUSAU INSURANCE CO., w/JUDGMENT ORDER Court:TSC - Workers Comp Panel For Plaintiff: For Defendant: Patrick N. Parker R. Dale Thomas Garrety & Sanders, P.C. Rainey, Kizer, Butler, Reviere & Bell 65 Stonebridge Boulevard 105 South Highland Avenue Jackson, TN 38305 Jackson, TN 38302-1147 Judge: TOMLIN First Paragraph: Jimmy Johnson (plaintiff) has appealed the trial courts dismissal of his suit for workers compensation benefits on the grounds that plaintiff failed to prove that he sustained an injury arising out of and in the course and scope of his employment by preponderance of the evidence. Plaintiff was employed by Gurien Finishing Corporation (Gurien), who was insured by defendant, Wausau Insurance Company. For the foregoing reasons, we find no error and affirm. URL:http://www.tba.org/tba_files/TSC_WCP/JOHNSONJ.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/JOHNSONJ.JDG.WP6 MARK ANTHONY PARKER v. NATIONAL SURETY CORPORATION and ROYAL INSURANCE COMPANY w/JUDGMENT ORDER Court:TSC - Workers Comp Panel For the Appellant: For the Appellees: David T. Hooper T. J. Emison, Jr. Hooper & Hooper Alamo, TN Brentwood, TN Catherine B. Clayton Spragins, Barnett, Cobb & Butler Jackson, TN Judge: White 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 case the first employer appeals the ruling of the trial court that the injury occurred during his term of employment with the first employer. The trial court found no second injury after April 1 and awarded benefits against the first employer. The second issue is raised by Appellant to the awarding of 40% to each arm. URL:http://www.tba.org/tba_files/TSC_WCP/PARKERMA.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/PARKERMA.JDG.WP6 WILLIAM BLAND AND LENA BLAND,v. ALLSTATE INSURANCE COMPANY, Court:TCA For the Plaintiffs/Appellees: For the Defendant/Appellant: Alan Bryant Chambers Bruce D. Brooke Timothy R. Holton Memphis, TN Memphis, TN Judge: HOLLY KIRBY LILLARD First Paragraph: This is a suit brought by William Bland (Bland) against Allstate Insurance Company (Allstate) for breach of contract for failure to pay a claim under his homeowners insurance policy. At trial, the jury found for Bland and awarded him damages under the insurance contract for the loss of his home and its contents due to a fire. Allstate argued at trial that material misrepresentations on the application, as a matter of law, warranted Allstates decision to void Blands policy ab initio. Allstate appeals the denial of its motion for directed verdict and alleges error in a number of the jury instructions. URL:http://www.tba.org/tba_files/TCA/BLAND.OPN.WP6 ALLEN B. COLE, v. TN BOARD OF PAROLES, w/CONCURRING OPINION Court:TCA ALLEN B. COLE, Pro Se N.C.S.C. Nashville, TN 37209-1052 CHARLES W. BURSON Attorney General and Reporter ABIGAIL TURNER Assistant Attorney General Nashville, TN 37243 ATTORNEYS FOR RESPONDENT/APPELLEE Judge: SAMUEL L. LEWIS First Paragraph: This is an appeal by petitioner, Allen B. Cole, from the judgment of the Chancery Court of Davidson County granting the motion to dismiss of respondent, the TN Board of Paroles ("the Board"). URL:http://www.tba.org/tba_files/TCA/COLEALLE.OPN.WP6 URL:http://www.tba.org/tba_files/TCA/COLEALLE.CON.WP6 HERMAN DAVIS and wife, DARNELL DAVIS, v. PAUL A. HATCHER, SR., M.D., Court:TCA Laurence R. Dry, Oak Ridge, For the Appellants T. Warren Butler, Knoxville, For the Appellees Judge: INMAN First Paragraph: This malpractice action was dismissed on motion for summary judgment. It arose from a routine prostate resection which went awry, resulting in adverse consequences to the plaintiff. A device referred to as a resectoscope manufactured by the Circon ACMI Ohio Manufacturing Company, malfunctioned while being used by and under the control of the defendant, Dr. Paul Hatcher [hereafter, the defendant]. It is not disputed that a portion of the penis of the plaintiff, Herman Davis [hereafter, plaintiff], was either chemically, thermally or electrically burned away, with disastrous results unnecessary here to be recounted. URL:http://www.tba.org/tba_files/TCA/DAVISHER.OPN.WP6 HAROLD WAYNE GIBSON and wife, SYLVIA GIBSON, v. KIT G. McGLOTHLIN d/b/a/ KIT McGLOTHLIN BUILDERS, INC., and KIT G. McGLOTHLIN d/b/a McGLOTHLIN BUILDERS, INC., and McGLOTHLIN BUILDERS, INC., Court:TCA Mark S. Dessauer, Kingsport, For the Appellants. Larry Roberts, Kingsport, for the Appellees. Judge: INMAN First Paragraph: This is an action for damages for breach of a construction contract and of an implied warranty of good workmanship and materials and for negligent construction. URL:http://www.tba.org/tba_files/TCA/GIBSONHW.OPN.WP6 JOSEPH TYREE GLANTON, v. BRENDA RICHARDSON GLANTON, Court:TCA ROBERT A. ANDERSON Nashville, TN 37215 Attorney for Plaintiff/Respondent/Appellee TIMOTHY L. TAKACS Hendersonville, TN 37077-0364 Attorney for Defendant/Petitioner/Appellant Judge: BEN H. CANTRELL, First Paragraph: This appeal involves a post-divorce contempt proceeding. The appellant, Mrs. Brenda Cherry, filed an unverified complaint in the Probate Court for Davidson County seeking to recover unpaid child support from her former husband, Mr. Songoleke Kurante Kotunu (formerly Joseph Tyree Glanton). Mr. Kotunu filed a Motion to Dismiss arguing the Complaint was defective since Mrs. Cherry had not verified it. The probate court agreed with Mr. Kotunu, and dismissed Mrs. Cherrys suit. The court also awarded Mr. Kotunu his attorneys fees. Mrs. Cherry asserts on appeal that the probate court erred by requiring her to have have verified her complaint, and in granting Mr. Kotunus attorneys fees. URL:http://www.tba.org/tba_files/TCA/GLANTONJ.OPN.WP6 HENRY COUNTY MEDICAL CENTER v. HENRY GRONSKI, M.D. Court:TCA For the Plaintiff/Appellant: For the Defendant/Appellee: David F. Hessing William R. Neese Paris, TN Dresden, TN Judge: HOLLY KIRBY LILLARD First Paragraph: This is a breach of contract action brought by Henry County Medical Center (HCMC) against Henry Gronski, M.D. (Gronski). In response, Gronski admitted the amounts owed to HCMC under the contract but claimed that he was owed a larger amount as set-off. The trial court awarded HCMC a judgment of $44,900.40 on the contract and awarded Gronski $56,204 as set off. The court also ordered HCMC to pay Gronski's attorney's fees and accountant fees. HCMC appeals the courts award of set-off to Gronski as well as the award of attorneys and accountant fees. URL:http://www.tba.org/tba_files/TCA/HENRYMED.OPN.WP6 ELDRED L. REID, v. JERRY STOVER & CHARLES NOLES, Court:TCA ELDRED L. REID, pro se Tiptonville, TN CHARLES W. BURSON Attorney General & Reporter LISA T. KIRKHAM Assistant Attorney General Nashville, TN Attorneys for Appellees Judge: ALAN E. HIGHERS First Paragraph: Plaintiff, Eldred Reid, is a prisoner currently incarcerated at the Northwest Correctional Center in Tiptonville, TN. Plaintiff brought this suit this suit under 42 U.S.C. 1983, alleging that various officials at the correctional center violated his constitutional rights. URL:http://www.tba.org/tba_files/TCA/REIDE.OPN.WP6 DOUGLAS E. SAMUELSON, as the Natural Father and Personal Representative of KEVIN L. SAMUELSON, v. CECIL E. McMURTRY, M.D., WILLIAM A. HOLLAND, JR., M.D., H.C.A. HEALTH SERVICES OF TN, INC., d/b/a DONELSON HOSPITAL EMERGICARE, INC., and MARK S. TOTTY, Individually and d/b/a MARK S. TOTTY, D.C., P.C., w/DISSENTING OPINION Court:TCA JOE BEDNARZ Nashville, TN 37219 Attorney for Plaintiff/Appellant ROGER T. MAY Nashville, TN 37201 Attorney for Defendant/Appellee Judge: BEN H. CANTRELL First Paragraph: In this wrongful death case we have determined that when the plaintiff-appellant accepted a jury verdict finding the decedent was forty-nine percent at fault, that finding became binding in the appeal of the trial judges action in dismissing another defendant on the day of the trial. URL:http://www.tba.org/tba_files/TCA/SAMUELSO.OPN.WP6 URL:http://www.tba.org/tba_files/TCA/SAMUELSO.DIS.WP6 AFSOON VAFAIE (formerly JANE DOE), v. WALTER R. OWENS, III and wife, CHERYL ROBERTS OWENS, Court:TCA Lee Ofman, Franklin, TN Attorney for Plaintiff/Appellant. Robert L. Trentham, Mark Tyler Seitz, TRABUE, STURDIVANT & DeWITT, Nashville, TN Attorney for Defendants/Appellees. Judge: FARMER, J. First Paragraph: In this case, Plaintiff-Appellant, Dr. Afsoon Vafaie Elmore, appeals the trial courts grant of summary judgment to Defendant-Appellee, Dr. Walter R. Owens, III, with respect to Plaintiffs claims against Dr. Owens for assault, malicious harassment and civil conspiracy. Plaintiff also appeals the trial courts grant of summary judgment to Defendant-Appellee, Cheryl Roberts Owens as to Plaintiffs claims against Mrs. Owens for assault, malicious harassment, outrageous conduct and civil conspiracy. Plaintiff further appeals certain evidentiary rulings made by the trial court during the course of Plaintiffs jury trial against Dr. Owens in which the Plaintiff sought to recover damages for severe emotional distress, arising from the alleged outrageous conduct of Dr. Owens. URL:http://www.tba.org/tba_files/TCA/VAFAIE.OPN.WP6 STATE OF TN, v. DONNA ARMS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: CAMPBELL SMOOT, JR. CHARLES W. BURSON Public Defender Attorney General & Reporter SHAWN G. GRAHAM MARY ANNE QUEEN Asst. Public Defender Legal Assistant 605 E. Carroll St. Tullahoma, TN 37388 CHARLOTTE H. RAPPUHN Asst. Attorney General CHARLES M. LAYNE District Attorney General KENNETH SHELTON Asst. District Attorney General Judge:JOHN H. PEAY First Paragraph: The defendant was indicted for aggravated burglary and theft of property in excess of one thousand dollars ($1,000), Class C and D felonies, respectively. She pled guilty to both offenses and after a hearing was sentenced to six years for the burglary charge, and to four years for the theft offense. Both sentences were to run concurrently. Probation was ordered after one year of incarceration with release from custody and placement on probation . . . subject to the verification of the district attorney general in writing that the defendant has cooperated fully in the investigation and prosecution of other possible criminal offender(s) in this case. URL:http://www.tba.org/tba_files/TCCA/ARMSDONN.OPN.WP6 STATE OF TN, v. JAMES A. BEAR, Court:TCCA For the Appellant: For the Appellee: Lon V. Boyd Charles W. Burson P.O. Box 723 Attorney General of TN 154 Cherokee Street and Kingsport, TN 37660 Timothy F. Behan (On appeal) Assistant Attorney General of TN 450 James Robertson Parkway Cary C. Taylor Nashville, TN 37243-0493 547 East Sullivan Street Kingsport, TN 37660 H. Greeley Wells, Jr. (At trial) District Attorney General and Teresa M. Smith Assistant District Attorney General Judge: Joseph M. Tipton First Paragraph: The defendant, James A. Bear, was convicted in the Sullivan County Criminal Court upon his plea of guilty to theft of property valued at more than one $1,000.00 but less than $10,000.00, a Class D felony. He was sentenced as a Range II, multiple offender to four years to be served in the custody of the Department of Correction. In this appeal as of right, he contends that the trial court erred in refusing to allow him to withdraw his guilty plea. URL:http://www.tba.org/tba_files/TCCA/BEARJ.OPN.WP6 DANNY TRAVIS BROWN, v. STATE OF TN, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Edward C. Miller Charles W. Burson District Public Defender Attorney General & Reporter Fourth Judicial District P.O. Box 416 Eugene J. Honea Dandridge, TN 37725 Assistant Attorney General Alfred C. Schmutzer, Jr. District Attorney General Richard R. Vance Asst. Dist. Attorney General Judge:PAUL G. SUMMERS First Paragraph: The appellant, Danny Travis Brown, was convicted of arson. He was sentenced to twenty-one years confinement. His direct appeal concluded in 1990. Subsequently, he filed two petitions for post-conviction relief. Both petitions were denied. In 1995, he filed a writ of error coram nobis. The writ was treated as a petition for post-conviction relief. Following an evidentiary hearing, the trial court dismissed the petition as untimely. Upon review, we find no error of law mandating reversal. URL:http://www.tba.org/tba_files/TCCA/BROWNT.OPN.WP6 STATE OF TN, v. MARC A. BURRIDGE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL J. FLANAGAN CHARLES W. BURSON DALE M. QUILLEN Attorney General and Reporter 208 Cavalier Building 95 White Bridge Road CHARLOTTE H. RAPPUHN Nashville, TN 37205-1427 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 LISA A. NAYLOR Legal Assistant JOE D. BAUGH, JR. District Attorney General Judge: DAVID H. WELLES First Paragraph: The Defendant was convicted on a jury verdict of driving under the influence of an intoxicant (DUI), driving on a revoked license, and evading arrest. The basis of this appeal is an instruction given by the trial judge when the jury initially returned an incomplete verdict. The Defendant argues that this instruction amounted to a directed verdict of guilt, which deprived him of his Sixth Amendment right to a jury trial. We find the instruction was proper, and affirm the decision of the trial court. URL:http://www.tba.org/tba_files/TCCA/BURRIDGE.OPN.WP6 STATE OF TN, v. KERRY A. COMBS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Joyce M. Ward Charles W. Burson Assistant Public Defender Attorney General & Reporter Third Judicial District 1609 College Park Drive Cyril V. Fraser Box 11 Assistant Attorney General Morristown, TN 37813-1618 Criminal Justice Division (AT TRIAL & OF COUNSEL ON 450 James Robertson Parkway APPEAL) Nashville, TN 37243-0493 Thomas T. Woodall C. Berkeley Bell 203 Murrell Street District Attorney General P.O. Box 1075 Dickson, TN 37056-1075 Cecil C. Mills (ON APPEAL) Asst Dist. Attorney General 113 West Church Street Greeneville,TN. 37743 Judge: Robert E. Burch First Paragraph: The appellant was convicted by a jury of the criminal offense of driving a motor vehicle while intoxicated (third offense) and driving without a license. On the DUI, the trial court sentenced the appellant to eleven months, twenty-nine days in the county jail; set his release eligibility at fifty per-cent; fined him one thousand ten dollars and denied alternative sentencing. The sentence for driving without a license was thirty days in the county jail and a fine of forty dollars. . URL:http://www.tba.org/tba_files/TCCA/COMBS.OPN.WP6 STATE OF TN, v. MACK DEVANEY, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Joe H. Walker Charles W. Burson Public Defender Attorney General & Reporter Walter B. Johnson, II Darian B. Taylor Assistant Public Defender Assistant Attorney General P.O. Box 334 Criminal Justice Division Harriman, TN 37748 450 James Robertson Parkway Nashville, TN 37243-0493 Charles E. Hawk District Attorney General Frank Harvey Asst District Attorney General Judge: Robert E. Burch First Paragraph: Appellant was convicted in the trial court of the offense of attempt to commit aggravated robbery for which he received a sentence of ten years consecutive to the sentence that he was already serving when he was sentenced. He appeals to this court and presents for review two issues: (1). The sufficiency the evidence to sustain a conviction of that offense, specifically whether the facts in the record constitute an attempt to commit aggravated robbery or even simple robbery: and, (2). Whether the trial court properly ordered his sentence to be served consecutively with his prior sentence for a separate offense. URL:http://www.tba.org/tba_files/TCCA/DEVANEY.OPN.WP6 STATE OF TN, v. GARY HARRIS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Edward Cantrell Miller Charles W. Burson District Public Defender Attorney General & Reporter Lu Ann Ballew Timothy F. Behan Assistant Public Defender Assistant Attorney General Alfred C. Schmutzer, Jr. District Attorney General Charles E. Atchley Asst. Dist. Attorney General Judge: PAUL G. SUMMERS First Paragraph: A jury found Gary Harris guilty of manufacturing marijuana in violation of TN Code Annotated 39-17-417. Harris appeals and presents the following issues for our review: I. Whether the evidence is sufficient to sustain the conviction; and II. Whether the verdict is supported by the weight of the evidence. URL:http://www.tba.org/tba_files/TCCA/HARRISGA.OPN.WP6 STATE OF TN,v. ALFRED B. ROLLINS, et al., w/CONCURRING OPINION Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: RICHARD MCGEE CHARLES W. BURSON Washington Square Two, Ste. 417 Attorney General & Reporter 222 Second Ave., N. Nashville, TN 37201 KATHY M. PRINCIPE Asst. Attorney General Judge: C. CREED MCGINLEY First Paragraph: The appellant is appealing as of right from an order of the Criminal Court of Davidson County finding him in criminal contempt. The order was entered pursuant to Rule 42(a) of the TN Rules of Criminal Procedure; that is, the order was issued summarily by the trial judge in whose presence the appellants conduct occurred, without notice or hearing. The appellant challenges the sufficiency of the evidence supporting the order, the summary procedure used for issuing the order, and the constitutionality of the statute upon which the order is partially based and its application here. URL:http://www.tba.org/tba_files/TCCA/HERBISON.OPN.WP6 URL:http://www.tba.org/tba_files/TCCA/HERBISON.CON.WP6 STATE OF TN, v. DARROW HILL, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: LeRoy Tipton, Jr. Charles W. Burson 115 East Depot Street Attorney General and Reporter Greeneville, Tn 37743 Michael J. Fahey Assistant Attorney General C. Berkeley Bell, Jr. District Attorney General Eric Christiansen Assistant District Attorney General Judge: LEE RUSSELL First Paragraph: This case is an appeal as of right from a conviction by a jury in the Criminal Court of Greene County, TN, for sexual battery. The Defendant appeals the admission of certain expert medical and psychological evidence presented by the State, appeals the exclusion of evidence concerning physical abuse of the alleged victim by her spouse, appeals the exclusion of the records of the diagnosis and treatment of the alleged victim for psychological problems prior to the alleged sexual battery, appeals a statement made to the jury by the trial court and the admission of statements made in testimony by the husband of the victim, appeals the imposition of the maximum sentence on the Defendant, and challenges the sufficiency of the evidence to support a finding of guilt beyond a reasonable doubt. URL:http://www.tba.org/tba_files/TCCA/HILLDARR.OPN.WP6 STATE OF TN, v. CHARLES EDWARD JACKSON, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: ARDENA J. GARTH CHARLES W. BURSON District Public Defender Attorney General & Reporter DONNA ROBINSON MILLER DARIAN B. TAYLOR Asst. District Public Defender Asst. Attorney General 701 Cherry St., Suite 300 450 James Robertson Pkwy. Chattanooga, TN 37402 Nashville, TN 37243-0493 GARY D. GERBITZ District Attorney General LELAND DAVIS Asst. District Attorney General Judge: JOHN H. PEAY First Paragraph: The defendant was charged in the indictment with attempted first-degree murder. He was found guilty at a jury trial and was sentenced to twenty-two years in the Department of Correction. In this appeal as of right, the defendant challenges the sufficiency of the convicting evidence and the length of his sentence. URL:http://www.tba.org/tba_files/TCCA/JACKSONC.CON.WP6 STATE OF TN, v. REX JONES, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Charles M. Corn Charles W. Burson District Public Defender Attorney General & Reporter William C. Donaldson Michael J. Fahey, II Asst. Dist. Public Defender Assistant Attorney General Jerry N. Estes District Attorney General Sandra N. Craig Donaghy Asst. Dist. Attorney General Judge: PAUL G. SUMMERS, First Paragraph: The appellant, Rex Jones, was convicted of two counts of rape, two counts of incest, aggravated child abuse, simple assault, five counts of child abuse, and six counts of child neglect. He pled guilty to eighteen counts of failure to send children to school. The trial court set aside one count of rape and one count of incest. On the remaining charges, the appellant was sentenced to an effective sentence of twenty-seven years, eleven months and twenty-eight days. (See Appendix). On appeal, he argues: 1. The trial court erred by failing to require the state to answer a Bill of Particulars as to time and date of the rape charge, 2. The evidence is insufficient to support a conviction for aggravated child abuse, and 3. That his sentence is excessive. URL:http://www.tba.org/tba_files/TCCA/JONESREX.OPN.WP6 STATE OF TN,v. TIMOTHY LANE, Court:TCCA For the Appellant: For the Appellee: J. Timothy Street Charles W. Burson and Attorney General and Reporter E. Covington Johnston 136 Fourth Avenue South Ellen H. Pollack Franklin, TN 37064 Assistant Attorney General Charles D. Baugh District Attorney General and Mark Puryear Assistant District Attorney General Judge: Gary R. Wade First Paragraph: The defendant, Timothy Lane, appeals the trial court's denial of his petition for pretrial diversion. Indicted for aggravated assault, the defendant claims that the district attorney general abused his discretion by denying the application and that the trial court should have granted the request. URL:http://www.tba.org/tba_files/TCCA/LANETIM.OPN.WP6 STATE OF TN, v. HANS VINCENT MORRIS Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Tom Marshall Charles W. Burson District Public Defender Attorney General & Reporter Katherine J. Kroeger Merrilyn Fierman Assistant Public Defender Assistant Attorney General John Maddox Asst Dist. Attorney General Judge: Robert E. Burch First Paragraph: The State has appealed from a ruling of the Criminal Court of Anderson County in which the trial court ruled that the Juvenile Court of Anderson County did not have jurisdiction to require a juvenile traffic offender to attend psychological cou URL:http://www.tba.org/tba_files/TCCA/MORRISH.OPN.WP6 STATE OF TN, v. CHARLES DON VANCE Court:TCCA For Appellant: For Appellee: Edward C. Miller Charles W. Burson Public Defender Attorney General and Reporter Fourth Judicial Circuit P.O. Box 416 William David Bridges Dandridge, TN 37725 Assistant Attorney General Al Schmutzer, Jr. District Attorney General Charles E. Atchley, Jr. Asst. District Attorney General Judge: WILLIAM M. DENDER First Paragraph: The appellant pled guilty to three counts of the sale of cocaine on September 25, 1995, and received a sentence of eight years; however, appellant specifically reserved the right to appeal a certified question of law pursuant to TN Rules of Criminal Procedure, Rule 37(b)(2)(iv). This is his appeal as of right on a certified question of law that is dispositive of the case. URL:http://www.tba.org/tba_files/TCCA/VANCECD.OPN.WP6
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank