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TBALink Opinion-Flash
October 01, 1996 -- Volume #2 -- Number #83
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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- 02-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 01-New Opinons From TSC-Workers Comp Panel
- 24-New Opinons From TCA
- 21-New Opinons From TCCA
- 02-New Opinons From TSC
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TBALink Chief Editor
STATE OF TENNESSEE V. SHERYL L. PENDERGRASS Court:TSC For Appellant: For Appellee: Lionel R. Barrett, Jr. Charles W. Burson Lionel R. Barrett, Jr., P.C Attorney General & Reporter Nashville, Tennessee Michael E. Moore John Pellegrin Solicitor General Gallatin, Tennessee Gordon W. Smith Associate Solicitor General Nashville, Tennessee Judge: ANDERSON, J. First Paragraph: The threshold issue in this appeal is whether the defendant, Sheryl L. Pendergrass, in pleading guilty to a drug charge, explicitly reserved the right to appeal a certified question of law that was dispositive of the case, in accordance with the requirements of Tenn. R. Crim. P. 37(b)(2)(iv) as it was interpreted by this Court in State v. Preston, 759 S.W.2d 647 (Tenn. 1988). URL:http://www.tba.org/tba_files/TSC/Pender.crt.WP6
LEE R. WILKES
vs.
THE RESOURCE AUTHORITY OF SUMNER COUNTY, TENNESSEE and ROYAL INSURANCE
COMPANY
Court:TSC
For the Defendants: For the Plaintiff:
Randolph A. Veazey Thomas Jay Martin, Jr.
Connie Jones David Alan Simpson
GLASGOW & VEAZEY Gallatin, TN
Nashville, TN
Judge: WHITE, J.
First Paragraph:
In this workers compensation action, we granted the employees motion
for review pursuant to Tennessee Code Annotated Section 50-6
225(e)(1995 Supp.) to decide whether the employer is responsible for
medical expenses and temporary total disability benefits associated
with reconstructive surgery to the employees chin. Also at issue is
the trial courts award of nine percent permanent partial disability
and attorneys fees. For the reasons stated below, we affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TSC/Wilkes.tra.WP6
FLOYD E. GRISHAM
V.
REX NORD, INC., LINK BELT BEARING DIVISION, AND NATIONAL UNION FIRE
INS. CO., and HOME INS. COMPANY
Court:TSC - Workers Comp Panel
For Appellants: For Appellee:
Roger L. Ridenour Daryl R. Fansler
Clinton, Tennessee Knoxville, Tennessee
Judge: Loser
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. section 50-6 225(e)(3) for hearing and reporting
of findings of fact and conclusions of law. In this appeal, the
claimant or employee, Grisham, questions the trial court's order
terminating permanent partial disability benefits.
URL:http://www.tba.org/tba_files/TSC_WCP/GRISVREX.DOC.WP6
AABAKUS, INCORPORATED
VS.
JOE B. HUDDLESTON, Commissioner of Revenue, State of Tennessee
Court:TCA
For the Plaintiff/Appellant: For the Defendant/Appellee:
Michael D. Sontag Charles W. Burson
Bass, Berry & Sims Attorney General and Reporter
Nashville, Tennessee
Sean P. Scally
Assistant Attorney General
Judge: WILLIAM C. KOCH, JR.
First Paragraph:
This appeal involves the business tax liability of a human resource
support service. The Tennessee Department of Revenue treated all
amounts paid by the services clients as gross receipts and assessed
the service $40,867 for unpaid taxes, penalties, and interest. The
service paid the disputed amount and then filed suit in the Chancery
Court for Davidson County asserting that it was exempt from taxation
on the ground that it was merely providing bookkeeping services or, in
the alternative, that its gross receipts consisted only of the service
fees collected from its clients. The trial court granted the
departments motion for summary judgment, and this appeal followed.
We have determined that the service was not exempt from taxation but
that its gross receipts should be limited to the service fees
collected from its clients. Accordingly, we modify the judgment.
URL:http://www.tba.org/tba_files/TCA/AABAKUS.OPN.WP6
FRANCES PEARL BELL VS. DANNY RAY BELL
Court:TCA
For the Plaintiff/Appellee: For the Defendant/Appellant:
Terry J. Leonard P. Edward Schell
Camden, Tennessee Franklin, Tennessee
Judge: ALAN E. HIGHERS
First Paragraph:
This case involves a petition for modification of a child support
order. Danny Ray Bell (Husband) appeals the trial courts denial of
his petition to receive credit against child support arrearages owed
to Frances Pearl Bell (Wife) for support payments made after his
eldest child reached the age of majority. We affirm.
URL:http://www.tba.org/tba_files/TCA/bellbell.WP6
BELLSOUTH TELECOMMUNICATIONS,INC. d/b/a SOUTH CENTRAL BELL TELEPHONE
COMPANY
v.
KEITH BISSELL, CHAIRMAN; STEVE HEWLETT, COMMISSIONER; SARA KYLE,
COMMISSIONER; Constituting the Tennessee Public Service Commission,
Court:TCA
SANDRA L. RANDLEMAN
CHARLES L. HOWORTH, JR.
BellSouth Telecommunications, Inc.
333 Commerce Street, Suite 2101
Nashville, Tennessee 37201-3300
ATTORNEYS FOR PETITIONER/APPELLANT
VAL SANFORD
JOHN KNOX WALKUP
Gullett, Sanford, Robinson & Martin
P.O. Box 198888
Nashville, Tennessee 37219-8888
ATTORNEYS FOR AT? COMMUNICATIONS OF
THE SOUTH CENTRAL STATES, INC. AND
MCI TELECOMMUNICATIONS CORPORATION
ROGER A. BRINEY, ESQ.
AT? Communications of the South Central States
1200 Peachtree Street, N.E.
Atlanta, Georgia 30309
OF COUNSEL FOR AT? COMMUNICATIONS OF
THE SOUTH CENTRAL STATES, INC.
MARTHA P. MCMILLIN, ESQ.
MCI Telecommunications Corporation
780 Johnson Ferry Road, Suite 700
Atlanta, Georgia 30342
OF COUNSEL FOR MCI TELECOMMUNICATIONS
CORPORATION
D. BILLYE SANDERS DIANNE F. NEAL
Waller Lansden Dortch & Davis General Counsel
Nashville City Center Tennessee Public Service
511 Union Street, Suite 2100 Commission
Nashville, Tennessee 37219 460 James Robertson Parkway
ATTORNEY FOR SPRINT COMMUNICATIONS Nashville, Tennessee 37243-0505
COMPANY L.P.
BENJAMIN W. FINCHER
Sprint Communications Company L.P.
3100 Cumberland Circle
Atlanta, Georgia 30339
ATTORNEY FOR SPRINT COMMUNICATIONS
COMPANY L.P.
Judge: SAMUEL L. LEWIS
First Paragraph:
This appeal involves the judicial review of five Tennessee Public
Service Commission orders. The orders approved tariffs filed by AT?
Communications of the South Central States, Inc., Sprint
Communications Company, L.P., and MCI Telecommunications Corporation.
BellSouth Telecommunications Inc., d/b/a South Central Bell, has
appealed directly to this Court pursuant to Tenn.R.App.P. 12. They
assert that the Tennessee Public Service Commission (Commission or
PSC) should have denied the tariffs, as they violated the Commissions
prior orders and policies. Additionally, BellSouth contends that the
tariffs at issue in this proceeding violate the Tennessee
Telecommunications Reform Act of 1995.
URL:http://www.tba.org/tba_files/TCA/belsocrt.crt.WP6
FRIEDA S. BISHOP VS. BERNIE E. BISHOP
Court:TCA
W. ALLEN BARRETT
176 Second Avenue, North
Suite 509
Nashville, Tennessee 37201
Attorney for Plaintiff/Appellee
TERRY B. LARKIN
880 Highway 70 West, Suite 05
Dickson, Tennessee 37055
Attorney for Defendant/Appellant
Judge: BEN H. CANTRELL
First Paragraph:
In this divorce case, the husband appeals the trial judges award of
$50,000 to the wife as a division of the marital property. The
husband asserts that the award was based on an alleged increase in the
value of his separate property but that the proof shows that the value
of his separate property decreased during the marriage.
Unfortunately, we are unable to reach this issue because the husband
failed to file a transcript of the evidence. Therefore, we affirm the
judgment below.
URL:http://www.tba.org/tba_files/TCA/BISHOPF.OPN.WP6
BRUCE ANTHONY BRITT and wife, LAURIE ANN BRITT
VS.
HOWARD JUNIOR LEGENS and son, WILLIAM H. LEGENS, d/b/a LEGENS & SON
CONTRACTORS
Court:TCA
H. MAX SPEIGHT
Martin, Tennessee
Attorney for Appellants
JEFFREY W. PARHAM
Martin, Tennessee
Attorney for Appellants
WILLIAM R. NEESE
THOMAS & NEESE
Dresden, Tennessee
Attorney for Appellees
Judge: ALAN E. HIGHERS
First Paragraph:
Plaintiffs brought this suit for property damages sustained when a
piece of defendants construction equipment fell onto their house.
The trial court found that defendants employee was negligent in the
operation of the equipment and awarded judgment in favor of
plaintiffs. Defendant has appealed, arguing that there was
insufficient evidence of negligence and that the trial court erred in
its calculation of damages. We find these contentions to be without
merit and, for the reasons stated below, we affirm the trial courts
judgment.
URL:http://www.tba.org/tba_files/TCA/BRITT.OPN.WP6
RICHARD C. CANADA and wife SHARON CANADA
v.
ACE CODENT, ZAHN DENTAL COMPANY, INC., and HENRY SCHEIN, INC.,
and ACECODENT INCORPORATED
Court:TCA
For Appellants For Appellee
JIMMY W. BILBO DAVID F. HENSLEY
Logan, Thompson, Miller, Bilbo, Milligan, Barry, Hensley
Thompson & Fisher, P.C. & Evans
Cleveland, Tennessee Chattanooga, Tennessee
Judge: Susano
First Paragraph:
This products liability action was dismissed by the trial court on
motion of Acecodent Incorporated. The plaintiffs appeal, presenting
one narrow issue
URL:http://www.tba.org/tba_files/TCA/Canace.WP6
HAZEL MAXINE COLN and husband CARL F. COLN VS. CITY OF SAVANNAH, TN
Court:TCA
JAMES A. HOPPER
Savannah, Tennessee
Attorney for Appellant
EDWARD L. MARTINDALE, JR.
DREW & MARTINDALE, P.C.
Jackson, Tennessee
Attorney for Appellees
Judge: ALAN E. HIGHERS
First Paragraph:
This appeal involves a suit filed by plaintiffs, Hazel Maxine Coln and
Carl F. Coln, against the City of Savannah, Tennessee (the city),
for personal injuries sustained when Mrs. Coln tripped and fell on a
city sidewalk. The trial court ruled in favor of plaintiffs and
apportioned negligence at 70% to the city and 30% to Mrs. Coln. The
city has appealed and has presented the following issues for our
consideration: (1) whether the trial court erred in finding that
sidewalk was in a defective or dangerous condition, thereby causing
governmental immunity to be removed; and (2) whether the trial court
erred in failing to find that Mrs. Coln was more than 50% negligent.
We find the citys contentions to be well-taken; therefore, we reverse
the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCA/COLN.OPN.WP6
DAVID COLEMAN AND PAULENE A. COLEMAN vs. PRYOR OLDSMOBILE/GMC
Court:TCA
For the Plaintiffs/Appellees: For the Defendant/Appellant:
William D. Massey Warren D. McWhirter
Price Harris Memphis, Tennessee
Memphis, Tennessee
Judge: HOLLY KIRBY LILLARD
First Paragraph:
This is a case involving the Tennessee Consumer Protection Act. David
and Paulene Coleman claim that Pryor Oldsmobile/GMC violated the Act
by not informing them that the new demonstrator car it sold them had
received damage to the exterior paint and had been repainted. The
trial court found for the Colemans. We affirm.
URL:http://www.tba.org/tba_files/TCA/colpry.WP6
STATE OF TENNESSEE, ex rel., Davidson Chancery COMMISSIONER OF
COMMERCE AND INSURANCE
v.
PETROLEUM MARKETERS MUTUAL INSURANCE COMPANY, A RISK RETENTION GROUP,
(CYR OIL CORPORATION)
Court:TCA
JOHN L. NORRIS
HOLLINS, WAGSTER & YARBROUGH
Suite 2210, 424 Church Street
SunTrust Center
Nashville, Tenness
ee 37219
Attorneys for Appellant
RICHARD H. DINKINS
TAMMY L. KENNEDY
WILLIAMS & DINKINS
203 Second Avenue, North
Nashville, Tennessee 37201-1601
Attorneys for Appellee
Judge:WILLIAM H. INMAN
First Paragraph:
The issue is whether an insureds purported failure to cooperate with
the insurer thereby forfeiting coverage was determinable by motion for
summary judgment. We think the record reveals contested issues of
material facts and therefore reverse and remand the case for trial.
URL:http://www.tba.org/tba_files/TCA/CYR.WHI.WP6
BENJAMIN L. DOTSON V. KNOXVILLE COLLEGE
Court:TCA
JAMES M. CRAIN, Knoxville, for Plaintiff-Appellant.
ROBERT S. STONE, MCCAMPBELL & YOUNG, P.C., Knoxville, for
Defendant-Appellee.
Judge: Franks
First Paragraph:
In this action for damages for breach of contract, the Trial Judge
directed a verdict for the defendant, and plaintiff has appealed.
URL:http://www.tba.org/tba_files/TCA/dotben.WP6
HAROLD R. GUNN and PATSY R.GUNN v. JENNY FIELDS, d/b/a Q-MART STORES
Court:TCA
HAROLD R. GUNN
Humboldt, Tennessee
Attorney for Appellants
ROBERT KINTON
Trenton, Tennessee
Attorney for Appellee
Judge:ALAN E. HIGHERS
First Paragraph:
In this unlawful detainer action, Plaintiffs, Harold R. Gunn and Patsy
R. Gunn, filed suit in general sessions court seeking possession of
the property in question and eviction of the Defendant, Jenny Fields.
The general sessions court ruled in favor of the Defendant, holding
that the lease expired on July 31, 2000, and not on April 14, 1995 as
the Plaintiffs contend. An appeal was filed in circuit court, and the
circuit court dismissed the Plaintiffs appeal from general sessions
court. Plaintiffs have appealed the circuit courts dismissal of the
Plaintiffs appeal from general sessions court arguing that the lease
expired on April 14, 1995 because the Defendant did not exercise the
fourth option to extend the lease in writing within sixty days prior
to the expiration of the previous lease period. For the reasons
stated hereafter, we affirm.
URL:http://www.tba.org/tba_files/TCA/gunnpat.WP6
WILLIAM HOLLIFIELD, et ux v. CITY OF MORRISTOWN
Court:TCA
JAMES M. DAVIS, Morristown, for Plaintiffs-Appellees, William
Hollifield, et ux.
JOHN C. DUFFY, WATSON, HOLLOW and REEVES, P.L.C., Knoxville, for
Defendant-Appellant.
Judge:Franks
First Paragraph:
In this wrongful death action against the City of Morristown (City)
filed pursuant to the Governmental Tort Liability Act, T.C.A.
29-20-101, et seq. (GTLA) the Trial Judge entered judgment against
the City and another defendant, finding the City 25% at fault for the
accident. The Court also awarded discretionary costs to the
plaintiff, on the authority of Tennessee Rules of Civil Procedure
54.04.
URL:http://www.tba.org/tba_files/TCA/HOLLIFLD.OP.WP6
JENKINS DENTAL ARTS, INC.
v.
ACE CODENT, ZAHN DENTAL COMPANY, INC., and HENRY SCHEIN, INC., and
ACECODENT INCORPORATED
Court:TCA
For Appellant For Appellee
RONALD HAYNES DAVID F. HENSLEY
Cleveland, Tennessee Milligan, Barry, Hensley
& Evans
Chattanooga, Tennessee
Judge:Susano
First Paragraph:
This case arose out of the same facts as those in the case of Richard
C. Canada and wife Sharon Canada v. Ace Codent, et al., C/A No.
03A01-9606-CV-00182. The procedural history of the two cases is also
identical. In this case, as in the Canada case, the appellant,
plaintiff below, argues that its amended complaint against Acecodent
Incorporated was filed within the applicable statute of limitations
under the relation back provisions of Rule 15.03, Tenn. R. Civ. P., as
amended effective July 1, 1995. Also, as in the Canada case, the
appellee has filed a motion to dismiss the appeal predicated on the
failure of the appellant to serve a copy of its notice of appeal on
the clerk of this court as required by Rule 5(a), T.R.A.P.
URL:http://www.tba.org/tba_files/TCA/Jenkart.art.WP6
JANET KAUFMAN and JESSE KAUFMAN v. OPRYLAND USA, INC.
Court:TCA
ROSEMARY E. PHILLIPS
P. O. Box 590
Goodlettsville, Tennessee 37070-0590
Attorney for Plaintiffs/Appellants
Parks T. Chastain
BREWER, KRAUSE, BROOKS & MILLS
Suite 2600, The Tower
611 Commerce Street
Nashville, Tennessee 37203
Attorney for Defendant/Appellee
Judge:BEN H. CANTRELL
First Paragraph:
In this slip and fall case the jury returned a verdict for the
property owner. On appeal, the plaintiffs assert that the trial
judges comments while overruling a motion for a new trial show that
she disagreed with the verdict; that in performing her duty as
thirteenth juror she should have set the verdict aside. We affirm.
URL:http://www.tba.org/tba_files/TCA/Kaufmanj.xd.WP6
SHEILA M. MAPPS vs. JIMMY H. MAPPS, JR.
Court:TCA
ROBERT H. MOYER, BOPR #13664
107 North Third Street
Clarksville, Tennessee 37040
ATTORNEY FOR PLAINTIFF/APPELLANT
KEVIN C. KENNEDY, B.O.P.R. #10793
127 South Third Street
Clarksville, Tennessee 37040
ATTORNEY FOR DEFENDANT/APPELLEE
Judge:HENRY F. TODD
First Paragraph:
This is a post-divorce decree proceeding upon petition and
counter-petition regarding child custody, visitation and support.
From an unsatisfactory result, the wife, Sheila M. Mapps, has appealed
URL:http://www.tba.org/tba_files/TCA/MAPPS.OPN.WP6
LELA CUMMINGS (SWINDLE)
vs.
CITY OF MEMPHIS and MEMPHIS LIGHT, GAS & WATER DIV., CITY OF MEMPHIS,
vs.
WHITE CONTRACTING, INC.
Court:TCA
Monice Moore Hagler
City Attorney
Dorothy Osradker
Sr. Asst. City Attorney
For Appellant City of Memphis
M. Scott Willhite
Attorney for Appellant White Contracting
Reed L. Malkin
Attorney for Appellee, Lela Cummings (Swindle)
Yvonne Chatman-Johnson
Attorney for Appellee MLGW
Judge:HIGHERS
First Paragraph:
In this action for personal injury, defendants appeal from the trial
courts judgment holding the defendants, City of Memphis (City) and
White Contracting, Inc., 100% negligent.
URL:http://www.tba.org/tba_files/TCA/memphwht.WP6
CONNIE LOU MILLER, and husband JOHN G. MILLER, JR., and DARRYL
McLEMORE, a minor, by and through his parents and next of friends,
CONNIE LOU MILLER and JOHN G. MILLER
vs.
CECIL EDGAR BREEDEN, and the STEWART COUNTY HIGHWAY DEPARTMENT and
STEWART COUNTY
Court:TCA
GREGORY D. SMITH
TN BPR #013420
One Public Square, Suite 321
Clarksville, Tennessee 37040
ATTORNEY FOR PLAINTIFFS/APPELLANTS
MARK NOLAN #015859
121 South Third Street
Clarksville, Tennessee 37041
ATTORNEY FOR DEFENDANT/APPELLEE
Judge:HENRY F. TODD
First Paragraph:
The captioned Plaintiffs have appealed from a non-jury judgment
dismissing their suit for personal injuries and property damage in a
highway collisi
URL:http://www.tba.org/tba_files/TCA/Millercb.op.WP6
PAULA DEVEAU RECTOR vs. STEVEN ELY RECTOR
Court:TCA
For Appellant For Appellee
LEONARD MIKE CAPUTO TIMOTHY R. SIMONDS
Phillips & Caputo ERIC PAUL EDWARDSON
Chattanooga, Tennessee Baker, Donelson, Bearman
& Caldwell, P.C.
Chattanooga, Tennessee
Judge:Susano
First Paragraph:
This is a post-divorce case. As later amended, the petition of Steven
Ely Rector (Father) filed March 3, 1995, seeks to prevent his former
wife, Paula Deveau Elliott (Mother), from relocating with the parties
two daughters, ages 7 and 8, to Florence, Kentucky. The amended
petition asks the court to change the childrens custody from Mother
to Father. The trial court refused to block Mothers move with the
children to Kentucky; denied Fathers petition for change of custody;
and established new visitation rights for Father. Father
appeals, raising one issue.
URL:http://www.tba.org/tba_files/TCA/RECTOR.OP.WP6
ROBERT SHIVERS
vs.
STONEY L. RAMSEY, JOHN R.CARNES, Individually and JOHN R. CARNES,
d/b/a CLINTON HIGHWAY WRECKER SERVICE
Court:TCA
JAMES W. VARNER, JR., and CARL W. ESHBAUGH, Esbaugh, Simpson and
Varner, Knoxville, for Appellant.
R. KIM BURNETT and RONALD C. NEWCOMB, Arnett, Draper and Hagood,
Knoxville, for Appellee.
Judge:McMurray
First Paragraph:
This action arose from a motor vehicle accident that occurred on
Mehaffey Road in Knox County. The case was tried before a jury and a
verdict was returned in favor of the defendants. Judgment was duly
entered thereon. A motion for a new trial was timely made and
overruled. This appeal resulted. We affirm the judgment of the trial
court.
URL:http://www.tba.org/tba_files/TCA/SHIVERS.C?.WP6
SHARRON COGGINS SMITH vs. CHARLES STACEY SMITH
Court:TCA
MICHAEL E. GILMER
Columbia, Tennessee
Attorney for Appellant
JOE W. HENRY, JR.
HENRY, HENRY, STACK, GARNER & SPEER, P.C.
Pulaski, Tennessee
Attorney for Appellee
Judge:DAVID R. FARMER
First Paragraph:
Plaintiff-Appellant, Sharron Coggins Smith (Mother), appeals the
trial courts order denying her petition to modify the parties final
divorce decree.
URL:http://www.tba.org/tba_files/TCA/Smithsm.opn.WP6
JEFFREY A. THOMPSON, a minor by his next friend and guardian, TREIVA
GRIFFIN
vs.
JOHN A. DYER
Court:TCA
Attorneys: N/A
Judge:HIGHERS
First Paragraph:
RULE 10 ORDER AND OPINION
This appears to be a proper matter for consideration pursuant to Court
of Appeals Rule 10(a).This is a personal injury action arising out of
an automobile accident. Following a trial, the jury returned a
verdict in favor of defendant. The sole issue raised by plaintiff is
whether the jury verdict was contrary to the weight of the evidence.
URL:http://www.tba.org/tba_files/TCA/Thompmin.opn.WP6
JENNIFER TURNER
vs.
BILLY S. STOKES, Commissioner of the Tennessee Department of
Employment Security, and WEST TENNESSEE BEHAVIORAL CENTER
Court:TCA
KRISTI R. REZABEK, Law Offices of Kristi R. Rezabek, Jackson, Attorney
for Petitioner.
CHARLES W. BURSON, Attorney General & Reporter, ROBERT W. STACK and
JAMES H. TUCKER, JR., Assistant Attorney General, Nashville, Attorneys
for Respondent Billy Stokes and DALE CONDER, JR., Rainey, Kizer,
Butler, Reviere & Bell, Jackson, Attorney for Respondent West
Tennessee Behavioral Center.
Judge:TOMLIN, Sr.
First Paragraph:
Petitioner, Jennifer Turner, filed a petition for certiorari in the
Gibson County Chancery Court asking that court to review a decision of
the Board of Review of the Tennessee Department of Employment Security
(TDES), affirming that agencys denial of petitioners application
for unemployment benefits on the grounds that she was discharged for
work related misconduct. The chancellor affirmed the Board. On
appeal petitioner presented two issues for our consideration: (1)
whether there is substantial and material evidence in the record to
support the decision of the Board of Review, and (2) whether the Board
correctly held that petitioner committed work-related misconduct
within the meaning of the Employment Security Statutes. We find no
error and affirm.
URL:http://www.tba.org/tba_files/TCA/turnbill.WP6
CHARLES WILEY VS. STATE OF TENNESSEE
Court:TCA
CHARLES WILEY
North East Correctional Center
P. O. Box 5000
Mountain City, Tennessee 37683-5000
Pro Se/Petitioner/Appellant
CHARLES W. BURSON
Attorney General and Reporter
CAROLINE R. KRIVACKA
Assistant Attorney General
404 James Robertson Parkway
Nashville, Tennessee 37243-0488
Attorney for Respondent/Appellee
Judge:BEN H. CANTRELL
First Paragraph:
The appellant filed a claim for the value of personal property
allegedly lost through the negligence of state employees. The
Tennessee Claims Commission dismissed his claim, and he appealed the
dismissal. The Commissioner assigned to the case did not respond to
his appeal, and the appellant filed a Petition for Declaratory
Judgment with the Chancery Court of Davidson County. This appeal
followed the chancery courts dismissal of the petition for lack of
jurisdiction. We affirm the chancery court.
URL:http://www.tba.org/tba_files/TCA/WILEYC.OPN.WP6
ROY ERNEST YOUNG vs. SANDRA LEE (RUPERT) YOUNG
Court:TCA
For the Plaintiff/Appellee: For the Defendant/Appellant:
W. Lee Lackey Nan Barlow
Savannah, Tennessee Savannah, Tennessee
Judge:HOLLY KIRBY LILLARD
First Paragraph:
This is an action to set aside a divorce decree. Defendant Sandra
Young appeals the trial courts denial of her Amended Motion to Set
Aside Final Decree of Divorce. Because Roy Young failed to take
appropriate measures to give SandraYoung notice of the divorce
proceedings, we reverse the trial court, vacate the divorce decree and
the award of custody, and remand the case to the trial court.
URL:http://www.tba.org/tba_files/TCA/younsan.WP6
STATE OF TENNESSEE VS. WILLIAM BRIAN BELSER
Court:TCCA
For Appellant: For Appellee:
Leroy Phillips, Jr. Charles W. Burson
Phillips & Caputo Attorney General and Reporter
312 Vine Street 450 James Robertson Parkway
Chattanooga, TN 37403 Nashville, TN 37243-0493
(on appeal and at trial)
Amy L. Tarkington
Leonard Michael Caputo Assistant Attorney General
Phillips & Caputo Criminal Justice Division
312 Vine Street 450 James Robertson Parkway
Chattanooga, TN 37403 Nashville, TN 37243-0493
(at trial)
Michael G. Nassios
and
Robert L. Jolley
Assistant District Attorneys General
City-County Building
Knoxville, TN 37902
Judge:GARY R. WADE
First Paragraph:
The defendant, William Brian Belser, was convicted of second degree
murder and sentenced to a Range I, twenty-five (25) year term in the
Department of Correction. See Tenn. Code Ann.39-13-210 and
40-35-112(a)(1).
URL:http://www.tba.org/tba_files/TCCA/BELSER.OPN.WP6
KENNETH A. BENTLEY VS. STATE OF TENNESSEE
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
600 Market St., Third Fl.
Chattanooga, TN 37402
Judge:JOHN H. PEAY
First Paragraph:
The petitioner pled guilty on June 15, 1994, to escape from a penal
institution in violation of T.C.A. 39-16-605 (1991). At the time of
the alleged escape offense, the defendant was serving a ten year
Community Corrections sentence for previous drug offenses. The trial
court sentenced him to one year in prison, with the sentence to run
consecutively to the sentences for which the defendant was on
Community Corrections. The petitioner filed a petition for
post-conviction relief on October 14, 1994, and amended it with the
assistance of counsel on January 24, 1995, alleging that he received
ineffective assistance of counsel and that the trial court erred in
accepting his guilty plea because there was no factual basis to
support his conviction for escape. The trial court dismissed the
petition on May 3, 1995, finding that the petitioner had escaped from
the custody of a Hamilton County Community Corrections Program
employee who was carrying out an order of the Hamilton County Criminal
Court. After a review of the record and the arguments in the present
case, we reverse the judgment of the trial court and vacate the
petitioners conviction for escape from a penal institution.
URL:http://www.tba.org/tba_files/TCCA/Bentleyk.opn.WP6
EDWARD D. COKER vs.STATE OF TENNESSEE
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
J. Timothy Street Charles W. Burson
136 Fourth Avenue, South Attorney General and Reporter
Franklin, Tennessee 37064 450 James Robertson Parkway
(Appeal only) Nashville, Tennessee 37243-0493
James A. Vick Karen M. Yacuzzo
300 James Robertson Parkway Assistant Attorney General
Court Square Building 450 James Robertson Parkway
Nashville, Tennessee 37201 Nashville, Tennessee 37243-0493
(Trial only)
Joseph D. Baugh, Jr.
District Attorney General
Derek Keith Smith
Assistant District Attorney General
Williamson County Courthouse
Suite G6
P. O. Box 937
Franklin, Tennessee 37065-0937
Judge:William M. Barker
First Paragraph:
The appellant, Edward D. Coker, was indicted on two counts of theft of
services over $500, a class E felony, two counts of theft of services
over $1,000, a class D felony, and two counts of criminal
impersonation. He pled guilty to one count of theft of services over
$500 and one count of theft of services over $1,000. The other
charges were dismissed by the State in exchange for the plea. He was
sentenced as a Range I standard offender to the maximum sentence for
each conviction, two and four years, respectively. The sentences were
ordered to be served consecutively. On appeal, the appellant
complains that the sentences are excessive and that the court erred
when it ordered the sentences to run consecutively. After a thorough
review of the record on appeal, we affirm the judgment of the trial
court.
URL:http://www.tba.org/tba_files/TCCA/Cokered.opn.WP6
ARTHUR CUTSHALL vs. STATE OF TENNESSEE
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Arthur Cutshall, Pro Se Charles W. Burson
Carter County Work Camp Attorney General & Reporter
Caller #1 500 Charlotte Avenue
Roan Mountain, TN 37687 Nashville, TN 37243-0497
Eugene J. Honea
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
David E. Crockett
District Attorney General
Route 19, Box 99
Johnson City, TN 37601
Judge:Joe B. Jones
First Paragraph:
The appellant, Arthur Cutshall, appeals as of right from a judgment of
the trial court summarily dismissing his habeas corpus suit. The
trial court ruled that the petition did not allege a ground that would
warrant the issuance of habeas corpus relief. The petition alleged
that he was denied his constitutional right to the effective
assistance of counsel, that the assistant district attorney general
violated Rule 11, Tennessee Rules of Criminal Procedure, during plea
negotiations, that his guilty plea was illegally obtained, and that
the trial court did not inform him of the minimum sentence for the
offense in question. The appellant contends in this Court that the
trial court erroneously dismissed his petition without an evidentiary
hearing. After a thorough review of the record, the briefs submitted
by the parties, and the law governing the issue presented for review,
it is the opinion of this Court that the judgment of the trial court
should be affirmed pursuant to Rule 20, Tennessee Court of Criminal
Appeals.
URL:http://www.tba.org/tba_files/TCCA/CUTSHALL.OPN.WP6
LARRY VAN DAVIS vs. STATE OF TENNESSEE
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE (STATE):
DALE W. PETERSON CHARLES W. BURSON
Attorney at Law Attorney General and Reporter
410 West Main Street
Woodbury, Tennessee 37190 CHARLOTTE H. RAPPUHN
Attorney General's Office
450 James Robertson Parkway
Nashville, Tennessee 37243
LISA A. NAYLOR
Legal Assistant
Attorney General's Office
DAVID L. PUCKETT
Assistant District Attorney
Rutherford County Judicial Bldg.
Murfreesboro, Tennessee 37130
Judge:WILLIAM S. RUSSELL
First Paragraph:
The appellant, Larry Van Davis, appeals the trial court's denial of
his motion to compel discovery in conjunction with his Petition for
Post Conviction Relief, and the subsequent denial of the relief
requested in the Post Conviction Petition. We affirm the action of
the trial court in both respects.
URL:http://www.tba.org/tba_files/TCCA/davisvan.WP6
JIMMY DALE HILL,v. STATE OF TENNESSEE,
Court:TCCA
For the Appellant: For the Appellee:
Andrew Jackson Dearing III Charles W. Burson
117 South Main Street Attorney General and Reporter
Suite 101
Shelbyville, TN 37160 Mary Ann Queen
Legal Assistant
Christina S. Shevalier
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
William Michael McCown
District Attorney General
Robert S. Crigler
Asst. District Attorney General
Moore County Courthouse
Lynchburg, TN 37354
Judge: David G. Hayes
First Paragraph:
The appellant, Jimmy Dale Hill, appeals the Moore County Circuit
Courts denial of his petition for post-conviction relief. On
February 22, 1994, pursuant to a plea agreement, the appellant pled
guilty to vehicular assault and was sentenced as a Range 1 standard
offender to the Department of Correction for seven years. The plea
agreement provided, and the trial court ordered, that this sentence be
served concurrently with three prior unserved sentences from Coffee
County. On June 20, 1994, the appellant filed a petition for
post-conviction relief, alleging that the Department of Correction
refused to acknowledge the provision of the judgment of conviction
relating to concurrent service of the appellants sentences.
URL:http://www.tba.org/tba_files/TCCA/Hilljim.opn.WP6
JONATHAN A. HYLER, v. STATE OF TENNESSEE,
Court:TCCA
For the Appellant: For the Appellee:
Terry J. Canady Charles W. Burson
211 Printers Alley Building Attorney General of Tennessee
Suite 400 and
Nashville, TN 37201 William David Bridges
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
and
Jon Seaborg
Assistant District Attorney General
Washington Square
222 2nd Avenue North
Nashville, TN 37201-1649
Judge: Joseph M. Tipton
First Paragraph:
The petitioner, Jonathan A. Hyler, appeals as of right from the
Davidson County Criminal Courts denying him post-conviction relief
from his 1989 convictions for one count of aggravated rape and two
counts of rape with an effective sentence of thirty years. See State
v. Jonathan A. Hyler, No. 01C01-9010-CR-00267, Davidson Co. (Tenn.
Crim. App. Sept. 5, 1991). The petitioner states that the issue he
raises is whether the trial court erred in denying him post-conviction
relief on the ground of ineffective assistance of counsel. We glean
from the argument portion of his brief that his particular contentions
are as follows: (1) trial counsel was ineffective for failure to
address the fact that the victims testimony indicated that a 911 tape
would have been made, but was not produced; (2) appellate counsel,
retained before the motion for new trial was decided, was ineffective
by failing to present the 911 tape issue; (3) appellate counsel was
ineffective by failing to file an application for permission to appeal
to the Tennessee Supreme Court.
URL:http://www.tba.org/tba_files/TCCA/HYLER.OPN.WP6
STATE OF TENNESSEE, v. HUBERT JOHNSON,
Court:TCCA
FOR THE APPELLANT FOR THE APPELLEE
Ronald P. Smith Charles W. Burson
P.O. Box 1627. Attorney General & Reporter
Knoxville, TN 37901
On appeal Elizabeth T. Ryan
Assistant Attorney General
Ellery E. Hill, Jr. 450 James Robertson Parkway
1103 Venido Dr. Nashville, TN 37243-0493
Concord, TH 37932
At trial Randall Nichols
District Attorney General
Michael Nassios
Robert Jolley
Assistant District Attorney General
City-County Bldg.
Knoxville, TN 37902
Judge: JOHN K. BYERS
First Paragraph:
The defendant was convicted by a jury of first-degree murder and
attempted first-degree murder. On the first count, he was sentenced
to life imprisonment; on the second, he was sentenced to 15 years in
prison to run consecutively to his serving his sentence on count one.
URL:http://www.tba.org/tba_files/TCCA/Johnsh.opn.WP6
STATE OF TENNESSEE, v. EDWARD THOMAS KENDRICKS, III, alias EDWARD
THOMAS KENDRICK, III
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
JERRY H. SUMMERS CHARLES W. BURSON
500 Lindsay St. Attorney General & Reporter
Chattanooga, TN 37402
(On Appeal) HUNT S. BROWN
Asst. Attorney General
450 James Robertson Pkwy.
ARDENA GARTH Nashville, TN 37243-0493
Public Defender
HIRAM G. HILL WILLIAM H. COX, III
Asst. Public Defender District Attorney General
701 Cherry
Chattanooga, TN 37402 C. LELAND DAVIS
(At Trial) DEE ANNE IRWIN
Asst. District Attorneys General
Courts Bldg.
Chattanooga, TN 37402
Judge: JOHN H. PEAY
First Paragraph:
The defendant was indicted for and convicted by a jury of first-degree
murder. He was sentenced to life imprisonment. He now appeals as of
right raising the following issues: 1. The evidence was
insufficient to support his conviction; 2. The trial court erred
when it found a child witness to have been properly qualified to
testify; 3. The trial court erred when it limited the defendants
attempt to introduce prior statements of a witness; 4. The trial
court erred when it allowed the prosecution to cross examine the
defendant about prior convictions; 5. The trial court erred when it
allowed the State to produce a witness whose identity had not been
disclosed to the defendant; 6. The trial court erred when it
allowed hearsay testimony under the excited utterance exception;
7. The State violated Brady v. Maryland when it failed to disclose
exculpatory information to the defendant; 8. The trial court erred
when it did not give a limiting instruction on the use of an excited
utterance; and 9. The trial court erred when it included an
instruction on flight in its charge to the jury.
URL:http://www.tba.org/tba_files/TCCA/kendtom.WP6
STATE OF TENNESSEE, v. OLIVER LOWE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN G. MITCHELL, JR. CHARLES W. BURSON
P.O. Box 1336 Attorney General and Reporter
Murfreesboro, TN 37133
GLENN ERIKSON
MICHAEL J. FLANAGAN Assistant Attorney General
95 White Bridge Road 450 James Robertson Parkway
Nashville, TN 37205 Nashville, TN 37243-0488
C. MICHAEL LAYNE
District Attorney General
Manchester, TN 37355
Judge: DAVID H. WELLES
First Paragraph:
The Defendant was convicted on a jury verdict of possession of a
Schedule II substance, methamphetamine, with the intent to sell or
deliver, and possession of drug paraphernalia. The basis of this
appeal is the trial judges denial of the Defendants motion to suppress
evidence obtained pursuant to a search warrant. The Defendant argues
that this warrant was improperly served, and was issued without
probable cause. We find the search warrant was legally sufficient and
properly served, and affirm the decision of the trial court.
URL:http://www.tba.org/tba_files/TCCA/Loweol.opn.WP6
STATE OF TENNESSEE, v. AMY RENEE MARCUM,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Hiram G. Hill Charles W. Burson
Attorney at Law Attorney General & Reporter
701 Cherry Street, Suite 200 500 Charlotte Avenue
Chattanooga, TN 37402 Nashville, TN 37243-0497
Elizabeth T. Ryan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Gary D. Gerbitz
District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
William H. Cox, III
Assistant District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
Judge: Joe B. Jones
First Paragraph:
The appellant, Amy Renee Marcum, was convicted of solicitation to
commit murder in the first degree, a Class B felony, after her plea
of guilty to the offense. The trial court found that the appellant
was a standard offender and imposed a Range I sentence consisting of
confinement for ten (10) years in the Department of Correction. In
this Court, the appellant challenges the length and manner of service
of the sentence imposed by the trial court. After a thorough review
of the record, the briefs submitted by the parties, and the law that
controls 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/MARCUM.OPN.WP6
STATE OF TENNESSEE, v. GREGORY MUSE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Kevin W. Shepherd Charles W. Burson
Attorney at Law Attorney General & Reporter
404 Ellis Avenue
Maryville, TN 37804 Eugene J. Honea
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Michael L. Flynn
District Attorney General
Philip H. Morton
Asst. Dist. Attorney General
363 Court Street
Maryville, TN 37804
Judge: PAUL G. SUMMERS,
First Paragraph:
A jury convicted the appellant, Gregory Muse, of aggravated assault.
He was sentenced to four years with all but the first thirty days
suspended. On appeal, he argues that: 1. The trial court committed
reversible error by impaneling the jury without his presence, and 2.
That his sentence was excessive.
URL:http://www.tba.org/tba_files/TCCA/MUSE.OPN.WP6
STATE OF TENNESSEE, v. DWAYNE WILLARD PHILLIPS,
Court:TCCA
For the Appellant: For the Appellee:
William C. Talman Charles W. Burson
P.O. Box 506 Attorney General of Tennessee
Knoxville, TN 37901 and
Merrilyn Feirman
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
Randall Nichols
District Attorney General
and
Fred Bright
Assistant District Attorney General
City-County Building
Knoxville, TN 37901-1468
Judge: Joseph M. Tipton
First Paragraph:
The defendant, Dwayne Willard Phillips, appeals as of right from the
order of the Knox County Criminal Court requiring his hospitalization
for a minimum of sixty days in a mental health facility pursuant to
T.C.A. 33-7-303(a) for the purpose of diagnosis and evaluation after
he was found not guilty by reason of insanity. The defendant contends
that his mandatory hospitalization pursuant to T.C.A. 33-7 303(a)
violates equal protection and due process. We disagree.
URL:http://www.tba.org/tba_files/TCCA/philwill.WP6
STATE OF TENNESSEE, v. JAMES MICHAEL PITTS,
Court:TCCA
For the Appellant: For the Appellee:
On Appeal Charles W. Burson
Michael J. Flanagan Attorney General & Reporter
Dale M. Quillen
95 White Bridge Road Charlotte H. Rappuhn
Suite 208 Assistant Attorney General
Nashville, TN 37205 450 James Robertson Parkway
Nashville, TN 37243-0493
At Trial
Lionel R. Barrett, Jr. Victor S. Johnson III
Attorney at Law District Attorney
222 Second Avenue North
Nashville, Tennessee 37201 John Zimmerman
Assistant District Attorney
Washington Square Bldg.
222 2nd Ave., North
Nashville, Tennessee 37201-1649
Judge: REX HENRY OGLE
First Paragraph:
On March 18, 1993, James Michael Pitts was indicted by a Davidson
County Grand Jury, as follows: Counts One, Two, and Three, Delivery in
excess of .5 grams of cocaine; Counts Four, Five, Six, and Seven,
Delivery in excess of 26 grams of cocaine; and Count Eight, Delivery
in excess of 300 grams of cocaine. The case was tried before a jury
on December 1, 1993, and the jury returned a verdict of guilty on all
counts of the Indictment.
URL:http://www.tba.org/tba_files/TCCA/Pittmik.op.WP6
STATE OF TENNESSEE, v. TIMOTHY R. POWELL,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Thomas D. Steele Charles W. Burson
Attorney at Law Attorney General & Reporter
211 Union Street 500 Charlotte Avenue
Nashville, TN 37201 Nashville, TN 37243-0497
Charlotte H. Rappuhn
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
222 Second Avenue, Suite 500
Nashville, TN 37201-1649
Ronald E. Miller
Assistant District Attorney General
222 Second Avenue, Suite 500
Nashville, TN 37201-1649
Bernard F. McEvoy
Assistant District Attorney General
222 Second Avenue, Suite 500
Nashville, TN 37201-1649
Judge: Joe B. Jones
First Paragraph:
The appellant, Timothy R. Powell, was found guilty of vehicular
homicide by intoxication, a Class C felony, and reckless endangerment,
a Class E felony, by a jury of his peers. The trial court, finding
that the appellant was a standard offender, imposed a Range I sentence
consisting of confinement for six (6) years in the Department of
Correction for vehicular homicide and confinement for two (2) years in
the Department of Correction for reckless endangerment. The two
sentences are to be served consecutively. The effective sentence
imposed is eight (8) years. In this Court, the appellant contends
that the trial court committed error of prejudicial dimensions by
ordering the two sentences to be served consecutively. After a
thorough review of the record, the briefs submitted by the parties,
and the law that controls the issue 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/Powell.tim.WP6
STATE OF TENNESSEE, v. JERRY D. REECE,
Court:TCCA
For the Appellant: For the Appellee:
Carey J. Thompson Charles W. Burson
Assistant Public Defender Attorney General of Tennessee
P.O. Box 160 and
Charlotte, TN 37036 M. Allison Thompson
(AT TRIAL AND ON APPEAL) Counsel for the State
450 James Robertson Parkway
Ron Cosgrove Nashville, TN 37243-0493
Assistant Public Defender
P.O. Box 160 Dan Mitchum Alsobrooks
Charlotte, TN 37036 District Attorney General
(AT TRIAL) Court Square
P.O. Box 580
Charlotte, TN 37036-0580
and
James W. Kirby
Assistant District Attorney General
105 Sycamore Street
Ashland City, TN 37015
Judge: Joseph M. Tipton
First Paragraph:
The defendant, Jerry D. Reece, was convicted in a jury trial in
Cheatham County Circuit Court of two counts of attempted aggravated
sexual battery, a Class C felony. He received concurrent three-year
sentences as a Range I, standard offender. In this appeal as of
right, the defendants sole contention is that the evidence was
insufficient to convict him. We disagree.
URL:http://www.tba.org/tba_files/TCCA/Reecjer.WP6
STATE OF TENNESSEE, v. BILLY ALLEN REED,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
William H. Leibrock Charles W. Burson
Attorney at Law Attorney General & Reporter
339 East Main Street 500 Charlotte Avenue
Newport, TN 37821 Nashville, TN 37243-0497
(Appeal Only)
Elizabeth T. Ryan
Susanna L. Thomas Assistant Attorney General
Assistant Public Defender 450 James Robertson Parkway
102 Mims Avenue Nashville, TN 37243-0497
Newport, TN 37821-3614
(Trial Only) Alfred C. Schmutzer, Jr.
District Attorney General
125 Court Avenue, Suite 301-E
Sevierville, TN 37862
Edward P. Bailey, Jr.
Assistant District Attorney General
339A Main Street
Newport, TN 37821
Judge: Joe B. Jones
First Paragraph:
The appellant, Billy Allen Reed, was convicted of aggravated robbery
and aggravated kidnapping, both Class B felonies, by a jury of his
peers. The trial court found the appellant to be a multiple offender
and imposed a Range II sentence consisting of confinement for twenty
(20) years in the Department of Correction in both cases. In this
Court, the appellant contends that the facts in this case do not
support a separate conviction for aggravated kidnapping and the trial
court committed error of prejudicial dimensions by permitting the
state to introduce identification evidence which was impermissibly
suggestive. After a thorough review of the record, the briefs
submitted by the parties, and the law that controls 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/Reedbill.WP6
GARVIN T. SHEPHERD, v. JAMES M. DAVIS, Warden, & STATE OF
TENNESSEE,
Court:TCCA
For the Appellant: For the Appellee:
Garvin T. Shepherd, Pro Se Charles W. Burson
TDOC No. 70426 Attorney General of Tennessee
Wayne County Boot Camp and
Geriatrics Unit Eugene J. Honea
P.O. Box 182 Asst Attorney General of Tennessee
Clifton, TN 38425 450 James Robertson Parkway
Nashville, TN 37243-0493
T. Michael Bottoms
District Attorney General
and
James G. White
Assistant District Attorney General
P.O. Box 459
Lawrenceburg, TN 38464
Judge: Joseph M. Tipton
First Paragraph:
The petitioner, Garvin T. Shepherd, appeals as of right from the Wayne
County Circuit Courts dismissing his petition for a writ of habeas
corpus. In 1972, the petitioner was sentenced to ninety-nine years
imprisonment for the offense of rape. In 1984, the sentence was
conditionally commuted to twenty years. In 1987, the petitioner was
again convicted of rape, sentenced to twelve years imprisonment, and
his commutation was revoked. The petitioner now claims that his
commuted sentence of twenty years expired before the commutation was
revoked, thereby making the revocation void, and that the subsequent
sentence of twelve years received in 1987 has now expired after his
service of eight years and eleven months.
URL:http://www.tba.org/tba_files/TCCA/shepgarv.WP6
STATE OF TENNESSEE v. DANNY W. SOLOMON
Court:TCCA
FOR THE APPELLANT:
William H. Bell
Attorney at Law
114 Main Street
Greenville, Tn. 37743
FOR THE APPELLEE:
Charles W. Burson
Attorney General and
Eugene J. Honea
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tn. 37243
C. Berkeley Bell, Jr.
District Attorney General
and
Cecil C. Mills, Jr.
Assistant District Attorney
113 West Church Street
Greenville, Tn. 37743
Judge: CHARLES LEE
First Paragraph:
This appeal presents a certified question of law under Tennessee Rule
of Criminal Procedure 37(b)(2)(i). The Defendant's certified question
is whether the trial court erred in failing to dismiss the second
count of an indictment because it did not allege the court of first
conviction. The Defendant pleaded guilty to D.U.I. and reserved this
issue for appeal. He received a sentence of eleven (11) months and
twenty-nine (29) days of which forty-five were to be served in the
county jail. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/Solomond.opn.WP6
STATE OF TENNESSEE, v. KIMBERLY SUTTON STREET,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE (STATE):
LIONEL R. BARRETT, JR. CHARLES W. BURSON
Washington Square Two Attorney General & Reporter
Suite 417
222 Second Avenue, North
Nashville, TN 37065 ROBIN L. HARRIS
Assistant Attorney General
JOHN D. PELLEGRIN 450 James Robertson Parkway
113 West Main St. Nashville, TN 37243-0943
Gallatin, TN 37066
WILLIAM WHITESELL
District Attorney General
3rd Floor Judicial Bldg.
Murfreesboro, TN 37130
JOHN PRICE
Assistant District Atty. General
303 Rutherford County
Judicial Bldg.
Murfreesboro, TN 37130
Judge: WILLIAM S. RUSSELL
First Paragraph:
Kimberly Sutton Street appeals her convictions for possessions of
marijuana, valium and drug paraphernalia; plus a conviction for
driving under the influence of an intoxicant, second offense. Her
sentence is not at issue.
URL:http://www.tba.org/tba_files/TCCA/street.kim.WP6
STATE OF TENNESSEE, v. CHARLES DAVID WAGNER,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
CHARLES W. BURSON DONALD E. SPURRELL
Attorney General & Reporter 128 E. Market St.
Johnson City, TN 37604
HUNT S. BROWN
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
GREELEY WELLS
District Attorney General
GREG NEWMAN
Asst. District Attorney General
P.O. Box 526
Blountville, TN 37617
Judge: JOHN H. PEAY
First Paragraph:
The defendant was indicted for selling LSD, a schedule I controlled
substance. Prior to the indictment, the police had seized the
defendants car under Tennessees forfeiture statute, T.C.A. 53-11-451.
Proceedings for forfeiture were then commenced pursuant to T.C.A.
53-11-201 and the defendant eventually entered into a compromise
agreement with the State whereby he could keep his vehicle upon
payment of three hundred fifty dollars ($350.00).
http://www.tba.org/tba_files/TCCA/Wagnercd.opn.WP6
URL:http://www.tba.org/tba_files/TCCA/Wagnercd.opn.WP6
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