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TBALink Opinion-Flash
October 22, 1996 -- Volume #2 -- Number #91
Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.
- This Issue IN THIS ORDER:
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 10-New Opinons From TSC-Workers Comp Panel
- 08-New Opinons From TCA
- 10-New Opinons From TCCA
- 00-New Opinons From TSC
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plain text version of the opinion.
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WP 6.0 document. version of the opinion.
- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
George Dean
TBALink Chief Editor
JUANITA D. BEAN,v. ROYAL INSURANCE COMPANY and CKR INDUSTRIES, INC., Court:TSC - Workers Comp Panel For the Appellant: For the Appellee: Randolph A. Veazey Clinton H. Swafford Connie Jones SWAFFORD, PETERS & PRIEST GLASGOW & VEAZEY 100 First Avenue, SW Washington Square Winchester, Tennessee 37398 222 Second Ave N., Suite 312 P. O. Box 198681 Nashville, Tennessee 37219 Judge: CHILDERS 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. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Our review is de novo on the record accompanied by a presumption that the findings of fact of the trial court are correct unless the evidence preponderates otherwise. Tenn. Code Ann. S 50-6-225(e)(2). The trial court awarded Ms. Bean $8,831.04 permanent partial disability benefits, representing forty-eight (48) weeks at the benefit rate of $183.98 per week, or twelve percent (12%) to the body as a whole; future medical expenses pursuant to the Tennessee Workers' Compensation Act; and reasonable costs of Dr. Rodriguez services. The trial court also allowed attorneys fees of twenty percent (20%) of the award, in the amount of $1,766.21, to be paid in lump sum. URL:http://www.tba.org/tba_files/TSC_WCP/BEAN.OPN.WP6
HELEN CARROLL, v.MOORE AND ASSOCIATES and TRAVELERS INSURANCE COMPANY,
Court:TSC - Workers Comp Panel
FOR APPELLEE: FOR APPELLANTS:
ROBERT S. PETERS W. RITCHIE PIGUE
100 First Avenue, S.W. WILLIAM G. McCASKILL, JR.
Winchester, TN 37398 One Union Street
P. O. Box 198169
Nashville, TN 37219-8169
Judge: RUSSELL
First Paragraph:
This appeal from the judgment of the trial court in a workers'
compensation case has been referred to the Special Workers'
Compensation Appeals Panel of the Supreme Court in accordance with
Tennessee Code Annotated Section 50-6-225 (e)(3) for hearing and
reporting to the Supreme Court of findings of fact and conclusions of
law. The injured employee was awarded compensation for a 65% permanent
occupational disability to her right arm. The court also ordered the
recovery of the medical charges of Dr. Keith Brown, who treated the
employee without the express prior approval of the employer.
URL:http://www.tba.org/tba_files/TSC_WCP/CARROLL.OPN.WP6
DONNA FORRESTER,
v.
OSHKOSH B'GOSH and TRAVELERS INSURANCE COMPANY,
Court:TSC - Workers Comp Panel
FOR APPELLANT: FOR APPELLEES:
Charles L. Hicks William Ritchie Pigue
Post Office Box 424 William G. McCaskill, Jr.
9 N. Court Square One Union Street
Camden, TN 38320 Post Office Box 198169
Nashville, TN 37219-8169
Judge: CLARK
First Paragraph:
This worker's compensation appeal has been referred to the special
worker's compensation appeals panel of the Supreme Court in accordance
with Tenn. Code Ann. S50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. In this
appeal, the employer contends the award of permanent partial
disability benefits based on thirty (30%) percent to the body as a
whole is excessive. This panel concurs, and modifies the award of the
trial court for the reasons stated below.
URL:http://www.tba.org/tba_files/TSC_WCP/FORRESTE.OPN.WP6
BILLY GIBSON,
v.
AETNA CASUALTY AND SURETY CO. and WOLF TREE EXPERTS, INC.,
Court:TSC - Workers Comp Panel
For the Appellants: For the Appellee:
David E. Smith Dwight E. Stokes
Hodges, Doughty & Carson 119 Court Avenue
617 West Main Street Sevierville, TN 37862
P. O. Box 869
Knoxville, TN 37901-0869
Judge: THAYER
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. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. Plaintiff,
Billy Gibson, was awarded 100 percent permanent disability benefits by
the Circuit Court of Sevier County as a result of an accident on June
24, 1991, when he fell backward from a truck to the ground injuring
his back. Defendants, Wolf Tree Experts, Inc. and The Aetna Casualty
and Surety Company, have appealed insisting the evidence preponderates
against the finding of total disability.
URL:http://www.tba.org/tba_files/TSC_WCP/GIBSONB.OPN.WP6
ANGELA K. HILL,
v.
ROYAL INSURANCE COMPANY and CKR INDUSTRIES, INC.,
Court:TSC - Workers Comp Panel
For the Appellant: For the Appellee:
Randolph A. Veazey Clinton H. Swafford
Connie Jones SWAFFORD, PETERS & PRIEST
GLASGOW & VEAZEY 100 First Avenue, SW
Washington Square Winchester, Tennessee 37398
222 Second Ave N.,Suite 312
P. O. Box 198681
Nashville, Tennessee 37219
Judge: CHILDERS
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. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. Our review
is de novo on the record accompanied by a presumption that the
findings of fact of the trial court are correct unless the evidence
preponderates otherwise. Tenn. Code Ann. S 50-6-225(e)(2). The trial
court awarded Plaintiff Hill $16,212.00 permanent partial disability
benefits, representing eighty (80) weeks at the benefit rate of
$202.65 per week, or twenty percent (20%) permanent partial disability
to the body as a whole; and future medical expenses pursuant to the
Tennessee Workers' Compensation Act. The trial court also allowed an
attorneys fee of twenty percent (20%) of the award, in the amount
$3,242.40, to be paid in lump sum.
URL:http://www.tba.org/tba_files/TSC_WCP/HILL.OPN.WP6
BARBARA ANN HOLT,
v.
ROYAL INSURANCE COMPANY and CKR INDUSTRIES, INC.,
Court:TSC - Workers Comp Panel
For the Appellant: For the Appellee:
Randolph A. Veazey Clinton H. Swafford
Connie Jones SWAFFORD, PETERS & PRIEST
GLASGOW & VEAZEY 100 First Avenue, SW
Washington Square Winchester, Tennessee 37398
222 Second Avenue North
P. O. Box 198681
Nashville, Tennessee 37219
Judge: CHILDERS
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. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. Our review
is de novo on the record accompanied by a presumption that the
findings of fact of the trial court are correct unless the evidence
preponderates otherwise. Tenn. Code Ann. S 50-6-225(e)(2). The trial
court awarded Ms. Holt $13,196.80 permanent partial disability
benefits, representing eighty (80) weeks at the benefit rate of
$164.96 per week, or twenty percent (20%) to the body as a whole; and
future medical benefits pursuant to the Tennessee Workers'
Compensation Act. The trial court also allowed attorneys fees of
twenty percent (20%) of the award, in the amount of $2,639.36, to be
paid in lump sum.
URL:http://www.tba.org/tba_files/TSC_WCP/HOLT.OPN.WP6
JOHNNY JOBE, v. M. K. FERGUSON, and SECOND INJURY FUND,
Court:TSC - Workers Comp Panel
For Appellant: For Appellee, Jobe:
Donald B. Oakley J. Anthony Farmer
Morristown, Tennessee Knoxville, Tennessee
For Appellee, Second Injury Fund:
Charles W. Burson
Attorney General & Reporter
Dianne Stamey Dycus
Senior Counsel
Nashville, 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. The issue in this appeal
is whether the award of permanent disability benefits is excessive.
As discussed below, we have concluded the judgment should be modified.
URL:http://www.tba.org/tba_files/TSC_WCP/JOBEVMKF.OPN.WP6
KERRY ALAN NAPIER,
v.
CINCINNATI CASUALTY INSURANCE COMPANY and NORTH CENTRAL TELEPHONE
COOPERATIVE,
Court:TSC - Workers Comp Panel
For the Appellants : For the Appellee:
Jacky O. Bellar Frank D. Farrar
212 Main St. William Joseph Butler
P.O. Box 332 Farrar & Holliman
Carthage, TN 37030 102 Scottsville Hwy.
P.O. Box 280
Lafayette, TN 37083
Judge: INMAN
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. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. The issue in
this case is whether the award of 75 percent disability to the
plaintiff's right hand is in accord with the preponderance of proof.
Appellate review is confined to a review de novo on the record,
accompanied by a presumption that the trial judge's findings of fact
are correct unless the evidence otherwise preponderates. T.C.A. S
50-6-225(e)(2). A concomitant rule is that we are as enabled as the
trial judge to judge the probative worth of depositional testimony.
Landers v. Fireman's Fund Ins. Co., 775 S.W.2d 355, 356 (Tenn. 1989).
URL:http://www.tba.org/tba_files/TSC_WCP/NAPIER.OPN.WP6
SHIRLEY DIANE TRAIL,
v.
ROYAL INSURANCE COMPANY and CKR INDUSTRIES, INC.,
Court:TSC - Workers Comp Panel
For the Appellant: For the Appellee:
Randolph A. Veazey Clinton H. Swafford
Connie Jones SWAFFORD, PETERS & PRIEST
GLASGOW & VEAZEY 100 First Avenue, SW
Washington Square Winchester, Tennessee 37398
222 Second Avenue North
P. O. Box 198681
Nashville, Tennessee 37219
Judge: CHILDERS
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. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. Our review
is de novo on the record accompanied by the presumption that the
findings of fact of the trial court are correct unless the evidence
preponderates otherwise. Tenn. Code Ann. S 50-6-225(e)(2). The trial
court awarded Ms. Trail $19,421.00 permanent partial disability
benefits, representing one-hundreed (100) weeks at the benefit rate of
$194.21 per week, or twenty five percent (25%) to the body as a whole;
and future medical benefits pursuant to the Tennessee Workers'
Compensation Act. The trial court also allowed attorneys fees of
twenty percent (20%) of the award, in the amount of $3,884.20, to be
paid in a lump sum.
URL:http://www.tba.org/tba_files/TSC_WCP/TRAIL.OPN.WP6
RALPH D. WEST,
v.
SONIC DRIVE-IN and ANCO INTERSTATE INSURANCE COMPANY,
Court:TSC - Workers Comp Panel
For the Appellants: For the Appellee:
W. Stuart Scott Jacky O. Bellar
SunTrust Center, 14th Floor 212 Main St.
424 Church St. P.O. Box 332
Nashville, TN 37219 Carthage, TN 37030
Judge: CHILDERS
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. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. The
plaintiff alleged that he injured his back on November 27, 1991 while
employed as a cook. He sought medical treatment about one month later
and in course was referred to Dr. Fonda Bondurant, an orthopedic
surgeon in Lebanon, Tennessee, who performed a hemilaminectomy and
discectomy on January 27, 1992. The surgery was successful, and the
plaintiff was released to return to work on March 31, 1992. Utilizing
the AMA Guidelines, Dr. Bondurant gave the plaintiff an impairment
rating of eight percent "strictly because he had surgical intervention
performed."
URL:http://www.tba.org/tba_files/TSC_WCP/WEST.OPN.WP6
BARNES & NOBLE SUPERSTORES,INC., d/b/a BOOKSTAR,
v.
JOE B. HUDDLESTON, COMMISSIONER OF REVENUE, STATE OF TENNESSEE,
Court:TCA
CHARLES W. BURSON
Attorney General & Reporter
SEAN P. SCALLY
Assistant Attorney General
Nashville, Tennessee
Attorneys for Defendant/Appellant
MARIAN F. HARRISON
ALAN D. JOHNSON
WILLIS & KNIGHT
Nashville,Tennessee
Attorneys for Plaintiff/Appellee
Judge: ALAN E. HIGHERS
First Paragraph:
In this case, the Tennessee Commissioner of Revenue ("Commissioner")
appeals from the trial court's grant of summary judgment in favor of
Bookstar. The primary issue with which we are presented is whether
Bookstar's sale of cards that entitle its customers to a discount on
merchandise is subject to Tennessee sales tax. We hold that these
sales are not subject to taxation. Consequently, we affirm the
judgment of the court below.
URL:http://www.tba.org/tba_files/TCA/BARNESN.OPN.WP6
IN THE MATTER OF:SEAN MICHAEL CRAWFORD, a minor under 18 years of age
THOMAS MATTHEW CIHLAR,
v.
MARY ANN CRAWFORD and RONALD SHANE CRAWFORD,
Court:TCA
WAYNE DETRING
103 Hazel Path Court
Hendersonville, Tennessee 37075
ATTORNEY FOR PETITIONER/APPELLEE
JOHN L. SCHLECHTY
222 Second Avenue North
Suite 360M
Nashville, Tennessee 37201
ATTORNEY FOR RESPONDENTS/APPELLANTS
Judge: SAMUEL L. LEWIS
First Paragraph:
In this appeal respondents, Mary Ann Crawford and Ronald Shane
Crawford, question the trial judge's decision to deny Mary Ann
Crawford's motion to dismiss the petition of petitioner, Thomas
Matthew Cihlar, to "legitimate" Mary Ann Crawford's biological child.
URL:http://www.tba.org/tba_files/TCA/CRAWFORD.OPN.WP6
JASON NARENKIVICIUS, v. WILLIAM M. LOCANTE, D.D.S.,
Court:TCA
GEORGE BAILEY, Memphis, Attorney for Plaintiff.
RICHARD GLASSMAN, Glassman, Jeter, Edwards & Wade, Memphis, Attorney
for Defendant.
Judge: TOMLIN
First Paragraph:
This is a dental malpractice case. Jason Narenkivicius ("Plaintiff")
filed suit against William Locante, D.D.S. ("Defendant") in the
Circuit Court of Shelby County, alleging that the defendant had been
guilty of negligence in performing a routine root canal procedure on
him, that later produced an infection. Following a bench trial the
court gave plaintiff a judgment in the amount of two thousand two
hundred thirty five and 68/100 ($2235.68) dollars in special damages
and forty thousand ($40,000.00) dollars in compensatory damages.
URL:http://www.tba.org/tba_files/TCA/NARENKIV.OPN.WP6
DONALD R. SHADRICK, and wife, VALERIE SHADRICK,
v.
CENTENNIAL MEDICAL CENTER and WESLEY L. COKER, M.D.,
Court:TCA
G. Thomas Nebel, John B. Carlson
Williams & Associates, P.C. of Nashville
For Plaintiffs-Appellants
Robert L. Trentham, G. Brian Jackson
Trabue, Sturdivant & DeWitt of Nashville
For Appellee, Wesley L. Coker
C. J. Gideon, Jr., William S. Walton of Nashville
For appellee, HCA Health Service of Tennessee d/b/a
Centennial Medical Center
Judge: W. FRANK CRAWFORD
First Paragraph:
Plaintiffs, Donald R. Shadrick and wife, Valerie Shadrick (hereinafter
Mr. Shadrick), appeal from the order of the trial court that granted
summary judgment to defendants, Centennial Medical Center (CMC) and
Wesley L. Coker, M.D. In December of 1988, plaintiff Donald Shadrick
suffered a disabling work-related back injury. In March of 1989, Mr.
Shadrick began seeing Dr. Wesley Coker, an orthopaedic surgeon in
Nashville. After examining Mr. Shadrick, Dr. Coker determined that
surgery was necessary, and on April 13, 1989, Dr. Coker performed a
percutaneous dissectomy on Mr. Shadrick's spine. Dr. Coker's office
notes for April 18, 1989, indicate that Mr. Shadrick's back pain
increased following the surgery. On May 12, 1989, Dr. Coker performed
a second surgery on Mr. Shadrick in which he excised one of the discs
in Mr. Shadrick's spine. Dr. Coker's notes following the second
surgery indicate that Mr. Shadrick continued to experience pain in his
back following the surgery. On February 5, 1990, Dr. Coker performed
a third surgery on Mr. Shadrick's spine. The third surgery involved
the injection of a steroid into his back. Dr. Coker's March 6, 1990
notes state that the steroid injection did not alleviate Mr.
Shadrick's pain, and that following the injection "[h]is pain, in
fact, is somewhat worse across his foot into his right leg in a
classic distribution which he had described all along."
URL:http://www.tba.org/tba_files/TCA/SHADRICK.OPN.WP6
STATE OF TENNESSEE, ex. rel., DOUGLAS M. SIZEMORE, Commissioner of the
Department of Commerce and Insurance for the State of Tennessee,
v.
MUTUAL INSURANCE COMPANY OF TENNESSEE,
Court:TCA
CHARLES W. BURSON
Attorney General and Reporter
GINA J. BARHAM (BPR 10368)
Deputy Attorney General
500 Charlotte Avenue
Nashville, Tennessee 37243-0485
ATTORNEY FOR PLAINTIFF/APPELLEE
DONALD R. O'GUIN, SR.
2204 Lebanon Road
Nashville, Tennessee 37214
PRO SE FOR DEFENDANT/APPELLANT
Judge: HENRY F. TODD
First Paragraph:
This appeal arises from the termination of the receivership of Mutual
Insurance Company of Tennessee which originated on May 12, 1977. The
former president of the corporation and a claimant against the estate
has appealed from the final order of the Trial Court which reads as
follows: This cause came on to be heard before the Honorable C.
Allen High on May 5, 1995, upon the motion of the Special Deputy
Commissioner David S. Weed, for an order permitting him to remit the
remaining unclaimed assets of the receivership to the Division of
Unclaimed Property, to approve the final accounting, to dissolve
the receivership, to release the Special Special Deputy Commissioner
from any further obligations and to dismiss the case. Whereupon
after consideration of the motion, arguments of counsel and
statements of Donald R. O'Guin, Sr. and the entire record in this
cause, the Court found that the motion was well taken and should be
granted.
URL:http://www.tba.org/tba_files/TCA/SIZEMORE.OPN.WP6
CAROL DENISE LICK STAPLES, v. MELVIN RAY STAPLES,
Court:TCA
John S. Wilder, Sr., Andrew S. Johnston of Somerville,
Defendant-Appellant. For Appellee
Richard G. Rosser of Somerville
For Appellant
Judge: CRAWFORD
First Paragraph:
This appeal involves child custody and visitation ordered by the trial
court in a final decree of divorce. Plaintiff, Carol Denise Lick
Staples (hereinafter Mother), and defendant, Melvin Ray Staples
(hereinafter Father), were divorced by decree entered March 3, 1995.
The decree awarded each a divorce from the other upon grounds of
inappropriate marital conduct and divided the marital property. The
decree awarded temporary custody of their four year old child, Thomas,
to Mother, but postponed a decision on the issue of permanent custody.
After hearings to determine the issue of permanent custody and
visitation, the court entered an order on September 13, 1995 that
awarded joint custody of the child to the parties with Mother having
custody and control from August 15 to June 15 of each year, and Father
having custody and control from June 15 to August 15 of each year.
The order granted Father visitation rights consisting of weekends in
Minnesota provided that Mother has two weeks advanced notice, half of
Christmas vacation and spring school vacation in Tennessee. The order
also provided that each party may call the child by telephone while he
is in the custody of the other and that each party may be with the
child on the child's birthday. Father filed a "Motion to Alter,
Amend, Rehear, or for New Trial" which was denied by the trial court.
Father has appealed and presents four issues for review: (1) whether
the trial court erred in considering the report of Mother's
psychiatrist; (2) whether the trial court erred in granting joint
custody of the parties' minor child with Mother being designated as
the custodial parent; (3) whether the trial court erred in its order
of visitation rights; and (4) whether the trial court erred in denying
Father's Motion to Alter, Amend, Rehear or for New Trial.
URL:http://www.tba.org/tba_files/TCA/STAPLEMR.OPN.WP6
IN RE: ESTATE OF ROBERT E. YATES, DECEASED,
FRED MAYO, JR.,
v.
ARCHIE N. SPAIN, NATIONSBANK, INC., Executor of the Estate of Robert
E. Yates, Deceased, and TREVECCA NAZARENE COLLEGE, INC.,
Court:TCA
V. Michael Fox; Bruce, Weathers, Corley, Dughman & Lyle
of Nashville, for Appellant
J. Robin McKinney, Jr. and Thomas T. Overton
of Nashville, for Appellee, Spain
T. Richard Travis; Manier, Herod, Hollabaugh & Smith
of Nashville, for Appellee, Nationsbank
Judge: W. FRANK CRAWFORD
First Paragraph:
This appeal involves a dispute concerning the purported wills of
Robert E. Yates, deceased. The record on appeal, which consists only
of the technical record, reflects a most bizarre series of
proceedings. The record indicates that Robert E. Yates died on July
22, 1994. On August 11, 1994, Nationsbank filed a petition in the
Probate Court of Davidson County to probate the will of the decedent,
dated July 13, 1994, in common form, and to be appointed executor of
the estate as designated in the will. An order was entered on August
11, 1994, signed by R. H. Bradshaw, Jr., Probate Master, that admits
said will to probate and appoints Nationsbank as executor of the
estate.
URL:http://www.tba.org/tba_files/TCA/YATESRE.OPN.WP6
DON ZSELTVAY,
v.
METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE,
Court:TCA
DAN R. ALEXANDER, #7065
2016 8th Avenue South
Nashville, Tennessee 37204
ATTORNEY FOR PLAINTIFF/APPELLANT
ERIKA GEETTER, #14617
2016 8th Avenue South
Nashville, Tennessee 37204
ATTORNEY FOR DEFENDANT/APPELLEE
Judge: HENRY F. TODD
First Paragraph:
The plaintiff, Don Zseltvay, has appealed from the judgment of the
Trial Court dismissing his suit to enforce the Tennessee Open Meetings
Act as to an action of the Board of Parks and Recreation and to
invalidate a resolution of the Metropolitan Council because it was not
based upon a valid action of the Board.
URL:http://www.tba.org/tba_files/TCA/ZSELTVAY.OPN.WP6
STATE OF TENNESSEE v. MICHAEL ALDERSON
Court:TCCA
For the Appellant: For the Appellee:
Gregory D. Smith Charles W. Burson
Contract Appellate Defender Attorney General of Tennessee
One Public Squire and
Clarksville, TN 37040 Kimbra Spann
(AT TRIAL AND ON APPEAL) Assistant Attorney General of Tennessee
450 James Robertson Parkway
John P. Damron Nashville, TN 37243-0493
District Public Defender
P.O. Box 1208 T. Michael Bottoms
Pulaski, TN 38478 District Attorney General
(At TRIAL) P.O. Box 459
Lawrenceburg. TN 38464-0459
and
Robert C. Sanders
Assistant District Attorney General
22 Public Square
Columbia, TN 38402-1619
Judge:Joseph M. Tipton
First Paragraph:
The defendant, Michael Alderson, appeals as of right from the
sentences imposed by the Maury County Circuit Court after it revoked
his placement in the South Central Tennessee Community Correction
Program. The trial court sentenced the defendant, as a Range I,
standard offender, to a four-year term in the custody of the
Department of Correction for aggravated assault, a Class C felony, a
consecutive one-year term for selling a counterfeit controlled
substance, a Class E felony, and a concurrent
eleven-month-twenty-nine-day term for evading arrest, a Class A
misdemeanor. The defendant contends that the trial court erred by
enhancing the aggravated assault sentence to one year above the
minimum and by requiring the two felony sentences to be served
consecutively. He does not contest the revocation.
URL:http://www.tba.org/tba_files/TCCA/ALDERSON.OPN.WP6
STATE OF TENNESSEE v. GILL AUSTIN
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL R. JONES CHARLES W. BURSON
Public Defender Attorney General and Reporter
113 Sixth Avenue, West
Springfield, TN 37172 CLINTON J. MORGAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
JOHN CARNEY
District Attorney General
DENT MORRISS
Assistant District Attorney General
500 S. Main Street
Springfield, TN 37172
Judge:DAVID H. WELLES
First Paragraph:
This is an appeal pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure. The Defendant appeals from an order of the trial
court which denied the Defendants motion to correct an illegal
sentence, and also denied the Defendants motion for street time.
We find no error and affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/AUSTING.OPN.WP6
STATE OF TENNESSEE V. ANDRE CHAMBERLAIN
Court:TCCA
FOR THE APPELLANT FOR THE APPELLEE
Robert P. Ballinger Charles W. Burson
Washington Square Two, Ste. 417 Attorney General and Reporter
222 Second Avenue, North 450 James Robertson Parkway
Nashvillle, Tennessee 37201 Nashville, Tennessee 37243-0493
Richard McGee Karen M. Yacuzzo
Washington Square Two, Ste. 417 Assistant Attorney General
222 Second Avenue, North 450 James Robertson Parkway
Nashvillle, Tennessee 37201 Nashville, Tennessee 37243-0493
Katrin Miller
Assistant District Attorney General
Washington Square, Ste. 500
222 Second Avenue, South
Nashvillle, Tennessee 37201
Paul DeWitt
Assistant District Attorney General
Washington Square, Ste. 500
222 Second Avenue, South
Nashvillle, Tennessee 37201
Judge:William M. Barker
First Paragraph:
The Appellant, Andre Chamberlain, appeals as of right his convictions
and sentences for possession of 300 grams of a controlled substance
with intent to sell and two counts of aggravated assault. He argues
on appeal that: (1) Evidence introduced at trial should have been
suppressed because it was obtained as a result of an unlawful
investigatory stop. (2) The evidence presented at trial was
insufficient to establish the serious bodily injury element of
aggravated assault. (3) The evidence presented at trial was
insufficient to establish possession of 300 grams of a controlled
substance with intent to sell. (4) The trial court erred in
imposing consecutive sentences.
URL:http://www.tba.org/tba_files/TCCA/CHAMBERL.OPN.WP6
WILLIAM HATMAKER V. STATE OF TENNESSEE
Court:TCCA
For the Appellant: For the Appellee:
R. Jackson Rose Charles W. Burson
Route 2, Box 1-R Attorney General of Tennessee
Nettleton Road and
Harrogate, TN 37752 Michael J. Fahey, II
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
William Paul Phillips
District Attorney General
P.O. Box 10
Huntsville, TN 37756-0010
Michael O. Ripley
Assistant District Attorney General
P.O. Box 323
Kingston, TN 37757-0323
Judge:Joseph M. Tipton
First Paragraph:
The petitioner, William Hatmaker, appeals as of right from the
judgment of the Criminal Court of Campbell County denying his petition
for post-conviction relief. Pursuant to an agreement, the petitioner
entered a guilty plea on July 6, 1991, to first degree murder, while
charges of conspiracy and solicitation to commit first degree murder
were dismissed. The petitioner is currently serving a life sentence
in the Department of Correction. He asserts on appeal (1) that he
received the ineffective assistance of counsel and (2) that he did not
voluntarily and knowingly enter his guilty plea. We disagree.
URL:http://www.tba.org/tba_files/TCCA/HATMAKER.OPN.WP6
THOMAS HEBRON V. STATE OF TENNESSEE
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Tommie Hebron, Pro Se Charles W. Burson
West TN High Security Facility Attorney General & Reporter
P.O. Box 1050
Henning, TN 38041-1050 Karen M. Yacuzzo
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Joseph D. Baugh, Jr.
District Attorney General
Ronald L. Davis
Asst. Dist. Attorney General
P.O. Box 937
Franklin, TN 37064
Judge:Joseph M. Tipton
First Paragraph:
The appellant was convicted of first degree murder. He was sentenced
to life imprisonment. The Tennessee Supreme Court denied permission
to appeal in 1986. In 1987, the appellant was denied habeas corpus
relief. In 1989, the appellant filed his first petition for
post-conviction relief. The petition was dismissed. In 1994, he
filed a Petition for Habeas Corpus and/or Post-Conviction Relief. His
second petition was summarily dismissed. In 1995, the appellant filed
a Motion to Reopen First Post-Conviction Relief. The motion was
dismissed and the appellant appeals.
URL:http://www.tba.org/tba_files/TCCA/HEBRONT.OPN.WP6
STATE OF TENNESSEE V. STEVE MCCAIN
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN HENDERSON CHARLES W. BURSON
Public Defender Attorney General & Reporter
407 C Main St.
P.O. Box 68 TIMOTHY F. BEHAN
Franklin, TN 37065-0068 Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
JOE D. BAUGH
District Attorney General
MARK L. PURYEAR, III
Asst. District Attorney General
P.O. Box 937
Franklin, TN 37065-0937
Judge: JOHN H. PEAY
First Paragraph:
The defendant was indicted on two counts of aggravated robbery and one
count of theft of property valued over one thousand dollars ($1000).
He pled guilty to one count of aggravated robbery, a class B felony,
with sentencing left to the court. After a hearing, the court below
sentenced the defendant as a Range I standard offender to ten years
incarceration. A Range I sentence for a class B felony is not less
than eight and not more than twelve years. T.C.A. S 40-35-112(a)(2)
(1990 Repl.). The defendant appeals as of right, complaining that his
sentence is excessive. Finding no error, we affirm the sentence set
by the trial court.
URL:http://www.tba.org/tba_files/TCCA/MCCAINS.OPN.WP6
STATE OF TENNESSEE, v. ROBERT F. ODOM,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
W. Casey Reed Charles W. Burson
Attorney at Law Attorney General & Reporter
211 Printer's Alley Bldg.,
Suite 400
Nashville, TN 37201 Michael J. Fahey, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. (Torry) Johnson
District Attorney General
Kymberly Haas
Asst. Dist. Attorney General
Washington Square, Suite 500
222-2nd Avenue North
Nashville, TN 37201-1649
Judge: PAUL G. SUMMERS
First Paragraph:
The appellant petitioned for habeas corpus relief. He alleged that
his sentence had expired. As can be gleaned from the record, he was
sentenced to nine years in 1986. He was paroled in 1989. He violated
his parole and was returned to custody in 1992. He was re-paroled in
1993. He again violated his parole and was taken into custody in
1994. The parole board refused to provide the appellant credit for
"street time," due to his parole violations, and recalculated his
sentence.
URL:http://www.tba.org/tba_files/TCCA/ODOMRF.OPN.WP6
STATE OF TENNESSEE, v. JACK PROTZMAN,
Court:TCCA
For the Appellant: For the Appellee:
William Carter Conway Charles W. Burson
236 Court Square Attorney General and Reporter
Suite 205 450 James Robertson Parkway
Franklin, TN 37064 Nashville, TN 37243-0493
Joe P. Binkley, Sr. Sarah M. Branch
First American Center 450 James Robertson Parkway
Suite 2395 Nashville, TN 37243
315 Deadrick Street
Nashville, TN 37238 Joseph D. Baugh
(On Appeal Only) District Attorney General
Derek K. Smith
Assistant District Attorney
P.O. Box 937
Franklin, TN 37065-0937
Judge: William M. Barker
First Paragraph:
The appellant, Jack Protzman, appeals as of right the sentence he
received after pleading guilty in the Williamson County Circuit Court
to possession with intent to sell not less than ten (10) pounds nor
more than seventy (70) pounds of marijuana. He was sentenced to the
maximum eight (8) years as a Range II offender and a $50,000 fine was
imposed. Appellant raises three issues on appeal: (1) the trial court
violated sentencing principles when it sentenced him to the maximum
term and imposed the maximum fine; (2) the trial court erred in
ordering that the current sentence be served consecutively to any
outstanding sentences in North Carolina or Texas; and (3) the trial
court erred in not allowing proof of a mitigating factor.
URL:http://www.tba.org/tba_files/TCCA/PROTZMAN.OPN.WP6
STATE OF TENNESSEE, v. JOHN WAYNE SLATE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
EDWARD C. MILLER CHARLES W. BURSON
Public Defender Attorney General and Reporter
P. O. Box 41
Dandridge, TN 37725 HUNT S. BROWN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
AL SCHMUTZER, JR.
District Attorney General
STEVEN R. HAWKINS
Assistant District Attorney
Sevierville, TN 37862
Judge: JERRY L. SMITH
First Paragraph:
Appellant John Wayne Slate appeals the judgment of the Sevier County
Criminal Court imposing a twenty-five year sentence for his second
degree murder conviction. Appellant presents the following issues for
review: (1) whether the trial court erred in refusing to expunge his
conviction for first degree murder and (2) whether his sentence is
excessive.
URL:http://www.tba.org/tba_files/TCCA/SLATEJW.OPN.WP6
STATE OF TENNESSEE v. GARY W. WITHERSPOON
Court:TCCA
For the Appellant: For the Appellee:
Larry D. Drolsum Charles W. Burson
Assistant Public Defender Attorney General of Tennessee
407 C Main Street and
P.O. Box 68 Clinton J. Morgan
Franklin, TN 37068-0068 Counsel for the State
450 James Robertson Parkway
Nashville, TN 37243-0493
Joseph D. Baugh, Jr.
District Attorney General
and
Jeff P. Burks
Assistant District Attorney General
Williamson County Courthouse
P.O. Box 937
Franklin, TN 37065-0937
Judge:Joseph M. Tipton
First Paragraph:
The defendant, Gary W. Witherspoon, appeals as of right from his
convictions by a jury in the Williamson County Circuit Court for
burglary, a Class D felony, and theft over five hundred dollars, a
Class E felony. As a Range II, multiple offender, he received
consecutive sentences of eight and four years, respectively, and was
fined $500.00 for each offense. The defendant challenges the
sufficiency of the evidence for his theft conviction and the
consecutive nature of his sentences.
URL:http://www.tba.org/tba_files/TCCA/WITHERS2.OPN.WP6
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