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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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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