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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IN RE: AMENDMENT TO RULE 12, RULES OF THE SUPREME COURT OF TENNESSEE Court:TSC - Rules Attorneys: N/A Judge: ADOLPHO A. BIRCH, JR. First Paragraph: Rule 12 of the Rules of the Supreme Court of Tennessee is hereby amended by deleting the Rule in its entirety and substituting in its place the following: RULE 12. FIRST DEGREE MURDER TRIAL REPORTS AND APPEALS IN CAPITAL CASES. URL:http://www.tba.org/tba_files/TSC_Rules/RULE12.ORD.WP6 IN RE: RULE 28, TENNESSEE SUPREME COURT RULES Court:TSC - Rules Attorneys: N/A Judge: PER CURIAM First Paragraph: It is hereby ordered that the attached revised Rule 28, Tennesssee Rules of Post-Conviction Procedure, and appendices shall replace existing Rule 28 and appendices. URL:http://www.tba.org/tba_files/TSC_Rules/RULE28AM.ORD.WP6 IN RE: AMENDMENT TO RULE 29, RULES OF THE SUPREME COURT OF TENNESSEE Court:TSC - Rules Attorneys: N/A Judge: ADOLPHO A. BIRCH, JR. First Paragraph: Pursuant to Tenn. Code Ann. S20-12-127(a)(2), the Uniform Civil Affidavit of Indigency document that is presently appended to Rule 29 of the Rules of the Supreme Court is hereby deleted in its entirety and replaced with the Uniform Civil Affidavit of Indigency document appended to this Order. URL:http://www.tba.org/tba_files/TSC_Rules/RULE29AM.ORD.WP6 DAVID F. BUSH,v. BRENDA L. ALLGOOD and MERCANTILE PROPERTIES, INC., Court:TCA William B. Bradley Peach Court Bldg., Suite 210 7105 Peach Court P.O. Box 1223 Brentwood, Tennessee 37024 ATTORNEY FOR PLAINTIFF/APPELLANT Thomas I. Carlton, Jr. Daniel P. Berexa Cornelius & Collins Suite 2700 Nashville City Center 511 Union Street Nashville, Tennessee 37219 ATTORNEY FOR DEFENDANT/APPELLEE Judge: HENRY F. TODD First Paragraph: The Trial Court granted summary judgement dismissing one of the defendants, Mercantile Properties, Inc., and ordered entry of final partial judgment pursuant to T.R.C.P. Rule 54.02. Plaintiff has appealed. The remaining defendant, Brenda L. Allgood, is not involved in this appeal. URL:http://www.tba.org/tba_files/TCA/BUSHDF.OPN.WP6 KEVIN RYAN MOSLEY, v. TENNESSEE BOARD OF PAROLES, et al., Court:TCA KEVIN RYAN MOSLEY N.C.S.C. 134663 7466 Centennial Boulevard Nashville, Tennessee 37209-1052 Pro Se/Petitioner/Appellant CHARLES W. BURSON Attorney General and Reporter PATRICIA C. KUSSMANN Assistant Attorney General 404 James Robertson Parkway Suite 2000 Nashville, Tennessee 37243 Attorney for Respondent/Appellee Judge: BEN H. CANTRELL First Paragraph: Kevin Mosley, a prisoner in the custody of the Department of Correction, was twice considered for parole. On each occasion the Parole Board declined to release him, citing as its reason the seriousness of his offense. Mr. Mosley filed a Petition for Certiorari with the Chancery Court of Davidson County, contending that he was entitled to a more definite statement of the Parole Board's reasons. The prisoner also argued that the Board erred in failing to consider the results of a psychological study it had ordered. The Chancery Court dismissed the petition. We affirm the trial court. URL:http://www.tba.org/tba_files/TCA/MOSLEYKR.OPN.WP6 MARY ALICE BOLTON PRINCE, by and through her conservator, James M. Bolton, v. ST. THOMAS HOSPITAL; HOSPITAL CORPORATION OF AMERICA; HOSPITAL CORPORATION OF AMERICA dba HCA EDGEFIELD HOSPITAL; MILLER MEDICAL GROUP; JACK T. SWAN,M.D.; THOMAS C. FARRAR, M.D.; and LANGDON G. SMITH,M.D. Court:TCA RANDALL L. KINNARD ROBERT E. HOEHN DANIEL L. CLAYTON 4527 A Highway 70 East Kinnard & Clayton White Bluff, Tennessee 37187 The Woodlawn ATTORNEY FOR THOMAS C. FARRAR,M.D. 127 Woodmont Boulevard Nashville, Tennessee 37205 ATTORNEYS FOR Mrs. Prince/APPELLANT ROSE P. CANTRELL DAVID L. STEED Parker Lawrence Cantrell & Dean Cornelius & Collins 200 Fourth Avenue North 2700 Nashville City Center Fifth Floor 511 Union Street Nashville, Tennessee 37219 Nashville, Tennessee 37219 ATTORNEY FOR ST. THOMAS HOSPITAL ATTORNEY FOR LANGDON G. SMITH,M.D. and JACK T. SWAN, M.D. and MILLER MEDICAL GROUP C.J. GIDEON, JR. Gideon & Wiseman NationsBank Plaza Suite 1900 Nashville, Tennessee 37219 ATTORNEY FOR HOSPITAL CORPORATION of AMERICA Judge: SAMUEL L. LEWIS First Paragraph: This is an appeal by plaintiff/appellant, Mary Alice Bolton Prince, from the decision of the trial court granting the motions for summary judgment of defendants/appellees. The trial court based its decision on its finding that Mrs. Prince was fifty percent or more at fault. The facts out of which this controversy arose are as follows. URL:http://www.tba.org/tba_files/TCA/PRINCEM.OPN.WP6 RICHARD P. RIENHOLTZ, v. CHRISTINE BRADLEY, Commissioner, and TENNESSEE DEPARTMENT OF CORRECTION, Court:TCA JOHN G. OLIVA ROBERT P. BALLINGER Washington Square, Suite 417 222 Second Avenue, North Nashville, Tennessee 37201 Attorneys for Petitioner/Appellant CHARLES W. BURSON Attorney General & Reporter PATRICIA C. KUSSMANN Assistant Attorney General 404 James Robertson Parkway Suite 2000 Nashville, Tennessee 37243 Attorney for Respondents/Appellees Judge: BEN H. CANTRELL First Paragraph: Richard P. Rienholtz, an inmate in the Tennessee prison system petitioned the Chancery Court of Davidson County for a declaratory judgment arguing that the Department of Correction's decision to extend his parole eligibility date for escape was illegal. The chancellor dismissed the petition and we affirm. URL:http://www.tba.org/tba_files/TCA/RIENHOLR.OPN.WP6 SUSAN KAY PILGER RIGGS, v. JAMES LANDRY RIGGS, Court:TCA Fred C.Dance, #7004 DANCE, DANCE & LANE 3200 West End Avenue, Suite 101 Nashville, Tennessee 37203 ATTORNEY FOR PLAINTIFF/APPELLANT David I. Komisar, #9207 211 Printer's Alley Building Suite 400 Nashville, Tennessee 37201 ATTORNEY FOR DEFENDANT/APPELLEE Judge: HENRY F. TODD First Paragraph: The plaintiff/wife has appealed from the judgment of the Trial Court declaring the parties divorced pursuant to T.C.A. S 36-4-129, placing child custody in the wife and awarding child support. The issues on appeal relate only to support. URL:http://www.tba.org/tba_files/TCA/RIGGSSK.OPN.WP6 MARTIN SILVA, v. JAMES A. CROSSMAN d/b/a JIM CROSSMAN REALTY, Court:TCA ROBERT J. NOTESTINE, III Nashville, Tennessee Attorney for Appellant MICHAEL SNEED Nashville, Tennessee Attorney for Appellee Judge: ALAN E. HIGHERS First Paragraph: This appeal involves a dispute as to the obligations of the parties under a lease agreement. The lessor of the premises, James A. Crossman, terminated the lease after discovering that the lessee, Martin Silva, had experienced problems with violence and other criminal activities at the previous location of his nightclub. Silva filed a complaint in the Chancery Court for Davidson County seeking damages for breach of the lease contract. The trial court heard the case without a jury and awarded damages to Silva. Crossman has appealed and argues that the trial court erred in failing to find grounds for rescission of the lease and in awarding damages to Silva. For the reasons stated below, we affirm the judgment. URL:http://www.tba.org/tba_files/TCA/SILVAM.OPN.WP6 STATE OF TENNESSEE, v. TROY ANDERSON, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: CHARLES M. AGEE, JR. CHARLES W. BURSON Attorney at Law Attorney General & Reporter P.O. Box 280 Dyersburg, TN 38025-0280 ROBIN L. HARRIS Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 C. PHILLIP BIVENS District Attorney General 29th Judicial District Dyer County Courthouse Dyersburg, TN 38024 Judge: JOHN H. PEAY First Paragraph: The defendant was charged in an indictment returned October 10, 1994, with the sale of marijuana weighing over one-half ounce. He was first tried on January 26, 1995, but the jury was unable to reach a verdict. A mistrial was declared, and the defendant was subsequently tried again. He was found guilty at a jury trial on April 25, 1995. The trial court sentenced him as a range one standard offender to one year and two months with the Department of Correction, and imposed a fine of two thousand dollars ($2000). In this appeal as of right, the defendant raises the following seven issues: (1) whether he was denied his right to a speedy trial; (2) whether the trial court erred in refusing to suppress a tape recording of the alleged drug transaction; (3) whether the trial court erred in denying the defendant's request for a change of venue; (4) whether the trial court erred in refusing to exclude the testimony of the officer who allegedly witnessed the drug transaction; (5) whether the trial court erred in failing to dismiss the indictment due to the State's alleged failure to disclose exculpatory evidence; (6) whether the trial court abused its discretion by denying alternative sentencing; and (7) whether he was denied due process of law when the jury deliberated only ten minutes before returning with a verdict. URL:http://www.tba.org/tba_files/TCCA/ANDERSON.OPN.WP6 STATE OF TENNESSEE, v. JOHNNY JONES and GLADYS CATRON Court:TCCA FOR THE APPELLANT JONES: FOR THE APPELLEE: HAROLD D. ARCHIBALD CHARLES W. BURSON Falls Bldg., Ste. 790 Attorney General & Reporter 22 N. Front St. Memphis, TN 38103 ELLEN H. POLLACK Asst. Attorney General FOR THE APPELLANT CATRON: 450 James Robertson Pkwy. Nashville, TN 37243-0493 WILLIAM L. JOHNSON ELIZABETH RICE 50 N. Front St., Ste. 1150 District Attorney General Memphis, TN 38103 CHRISTOPHER MARSHBURN Asst. District Attorney General 302 Market St. Somerville, TN 38068 Judge: JOHN H. PEAY First Paragraph: The defendant, Johnny Jones, was indicted for possessing cocaine with the intent to deliver; possessing marijuana with the intent to deliver; possession of a handgun after conviction of a felony; and resisting arrest. After a jury trial, he was convicted on all charges. The defendant, Gladys Catron, was indicted for possessing cocaine with the intent to deliver; possessing marijuana with the intent to deliver; and contributing to the delinquency of a minor. The trial court dismissed the last charge, and she was convicted of the other two charges after a jury trial. The defendants were tried together. URL:http://www.tba.org/tba_files/TCCA/JONES?.OPN.WP6 STATE OF TENNESSEE,v. JAMES CECIL SELLERS, w/ OPINION CONCURRING IN RESULTS Court:TCCA For Appellant: For Appellee: George Morton Googe Charles W. Burson District Public Defender Attorney General & Reporter 26th Judicial District (on appeal) Christina S. Shevalier Assistant Attorney General Pamela J. Drewery 450 James Robertson Parkway Asst. Public Defender Nashville, TN 37243-0493 227 W. Baltimore Street Jackson, TN 38301 Don Allen (on appeal and at trial) Asst. District Attorney General P.O. Box 2825 Jackson, TN 38301 Judge: GARY R. WADE First Paragraph: The defendant, James Cecil Sellers, was convicted of aggravated assault, especially aggravated kidnapping, aggravated burglary, and possession of a deadly weapon during the commission of an offense. The trial court imposed the following concurrent sentences: aggravated assault 5 years Range I especially aggravated 18 years Range I kidnapping aggravated burglary 6 years Range I possession of a deadly 2 years Range I weapon during commission of an offense In this appeal as of right, the defendant presents the following issues for review: (1) whether the trial court erred by admitting evidence of prior domestic disputes between the victim and the defendant; (2) whether the trial court erred by admitting as rebuttal a tape recording of a telephone call the victim made to police; (3) whether the trial court erred by denying a motion to strike a juror for cause; (4) whether the weapon count should merge with the conviction for aggravated assault; (5) whether the trial court erred by refusing to charge kidnapping as a lesser included offense; and (6) whether the trial court erred in the imposition of sentence. URL:http://www.tba.org/tba_files/TCCA/SELLERSJ.OPN.WP6 URL:http://www.tba.org/tba_files/TCCA/SELLERSJ.CON.WP6
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