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TBALink Opinion-Flash
January 21, 1997 -- Volume #3 -- Number #007
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 Opinions From TSC
- 00-New Opinions From TSC-Rules
- 10-New Opinions From TSC-Workers Comp Panel
- 19-New Opinions From TCA
- 19-New Opinions From TCCA
- 00-New Opinions From TSC
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- Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a
plain text version of the opinion.
- *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original
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
KAREN JANE BAKER vs. HCA HEALTH SERVICES OF TENNESSEE, INC., d/b/a CENTENNIAL MEDICAL CENTER Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: William Ritchie Pigue Bryan Essary Taylor, Philbin, Pigue, Suite 1900 Marchetti & Bennett NationsBank Plaza One Union Street 414 Union Street P. O. Box 198169 Nashville, TN 37219-1782 Nashville, TN 37219-5361 Judge: BYERS First Paragraph: Plaintiff sought benefits for an occupational disease. The trial court granted defendant's summary judgment based on Tenn. Code Ann. S 50-6-306, finding that plaintiff failed to file her complaint within the one-year statute of limitations. We reverse the trial court's decision and remand the case to the trial court for a hearing on the merits. URL:http://www.tba.org/tba_files/TSC_WCP/BAKERK_OPN.WP6
RITA B. BAKER
vs.
CKR INDUSTRIES, INC.
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Floyd Don Davis David T. Hooper
FLOYD DON DAVIS, P.C. HOOPER & HOOPER
Winchester, Tennessee Brentwood, Tennessee
Judge: Brandt
First Paragraph:
The plaintiff is employed by CKR Industries, a Winchester company that
makes rubber windshield and door sealers for Nissan. A piece of
plywood fell on her on January 4, 1993, and she filed suit alleging
that as a result, she is totally, permanently disabled. The trial
court found otherwise and ruled that she has no permanent disability.
Because the trial court's finding is fully supported by the evidence,
we affirm the decision.
URL:http://www.tba.org/tba_files/TSC_WCP/BAKERRB_OPN.WP6
STEPHEN H. BAXENDALE
vs.
UNIVERSAL UNDERWRITERS' INSURANCE COMPANY and MID-STATE AUTOMOTIVE
DISTRIBUTORS, INC.
Court:TSC - Workers Comp Panel
Attorneys:
For Appellant: For Appellees:
Daniel C. Todd Martin D. Holmes
Evans & Todd Stewart, Estes & Donnell
Nashville, Tennessee Nashville, Tennessee
Judge: Loser
First Paragraph:
In this appeal, the employee or claimant, Baxendale, contends (1) the
award of permanent partial disability benefits is inadequate and (2)
the trial court erred in computing his compensation rate. The
employer and its insurer contend the trial court erred in finding the
employee suffered a compensable injury by accident on June 6, 1994.
As discussed below, the panel has concluded the award of permanent
partial disability benefits should be modified and the judgment
otherwise affirmed.
URL:http://www.tba.org/tba_files/TSC_WCP/BAXENDAL_OPN.WP6
MARTHA ANN BOYD
vs.
LINCOLN BRASS WORKS, INC.
Court:TSC - Workers Comp Panel
Attorneys:
FOR APPELLANT: FOR APPELLEES:
MARK C. TRAVIS WILLIAM S. FLEMING
P. O. Box 1066 P. O. Box 90
Morristown, TN 37815-1066 Columbia, TN 38402-0090
Judge: RUSSELL
First Paragraph:
Martha Ann Boyd, age 22 at the time of trial, worked at running a
machine that drilled parts so that they can be placed together on an
assembly line. She was required to place a part inside a jaw of the
machine and close the jaw with a lever and then push another handle to
operate the machine. She was required to produce a minimum of 5,600
parts per eight hour shift. AFFIRMED.
URL:http://www.tba.org/tba_files/TSC_WCP/BOYDM_OPN.WP6
BARBARA JENKINS
vs.
YASUDA FIRE & MARINE INSURANCE COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
FOR APPELLANT: FOR APPELLEES:
NEIL B. KRUGMAN E. GUY HOLLIMAN
511 Union Street, Suite 2100 WILLIAM JOSEPH BUTLER
Nashville, TN 37219-1760 P.O. Box 280
Lafayette, TN 37083
Judge: RUSSELL
First Paragraph:
The dispositive issue in this case is whether or not the suit is
barred by the statute of limitations. The trial court tried this
issue separately on December 23, 1993. After hearing proof relative
to this issue, the court recessed the trial and took the statute of
limitations issue under advisement. A year and a half later, on May
14, 1995, the court ruled that the suit was not barred by the statute
of limitations. The trial was resumed on September 27, 1995, and
resulted in a judgment for a 45% permanent partial disability to the
body as a whole. REVERSED AND DISMISSED.
URL:http://www.tba.org/tba_files/TSC_WCP/JENKINSB_OPN.WP6
ROBERT E. LIVELY
vs.
TEXTRON AEROSTRUCTURES A Division of Avco Corporation
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Christopher K. Thompson John J. Hancock
Murfreesboro, Tennessee Tracy Shaw
HOWELL & FISHER
Nashville, Tennessee
Judge: Brandt
First Paragraph:
The plaintiff appeals from the trial court's finding that the
permanent impairment did not result from 1992 injuries at Textron
Aerostructures. Finding no error in the trial court's decision, we
affirm.
URL:http://www.tba.org/tba_files/TSC_WCP/LIVELYR_OPN.WP6
PREMIER MANUFACTURING SUPPORT SERVICES, INC. and LUMBERMAN'S
UNDERWRITING ALLIANCE
vs.
PATRICIA L. COTHRAN
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellees:
William Carter Conway Richard C. Mangelsdorf, Jr.
Franklin, Tennessee Nashville, Tennessee
Judge: Brandt
First Paragraph:
The trial court found that the plaintiff failed to carry her burden of
proving that she sustained a permanent disabling injury, a finding
based upon assessing the credibility of the witnesses. Given the
considerable deference we must give to the trial court's credibility
determinations, McCaleb v. Saturn Corp., 910 S.W.2d 412 (Tenn. 1995)
and the presumption of correctness of the trial court's findings,
Tenn. Code Ann. S 50-6-225(e)(2), we affirm the trial court's
decision.
URL:http://www.tba.org/tba_files/TSC_WCP/PREMIER_OPN.WP6
LISA K. WHITED
vs.
TENNESSEE WOOLEN MILLS, INC. and THE TRAVELERS INSURANCE COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Kenneth M. Palombo Hugh Green
Spicer, Flynn & Rudstrom Law Offices of Hugh E. Green
424 Church Street, Suite 1350 100 Public Square
Nashville, TN 37219 Lebanon, Tennessee 37087
Judge: BYERS
First Paragraph:
Plaintiff injured her right arm, shoulder and neck while working on an
assembly line at defendant's woolen mill. The trial court awarded her
50 percent permanent vocational disability. We affirm the judgment of
the trial court.
URL:http://www.tba.org/tba_files/TSC_WCP/WHITEDLK_OPN.WP6
LARRY RICHARD WILLIAMS
vs.
SCOTT BOLT & SCREW CO., and STATE AUTO INSURANCE CO.
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellees:
Phillip H. Miller Bryan Essary
Sarah Stein GIDEON & WISEMAN
Nashville, Tennessee Nashville, Tennessee
Judge: Brandt
First Paragraph:
The plaintiff filed suit alleging that a brown recluse spider bit him
while he was at work on April 15, 1993. The trial court denied his
claim. Because the evidence does not support the plaintiff's claim,
the trial court decision is affirmed.
URL:http://www.tba.org/tba_files/TSC_WCP/WILLIAML_OPN.WP6
RANDY WILSON
vs.
EATON CORPORATION
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Katherine M. Wall Anthony W. Harris
1111 Superior Ave. 203-B N. Cannon Blvd.
Cleveland, OH 44114 Shelbyville, TN 37160.
Ralph McBride, Jr.
112 E. Side Squ.
Shelbyville, TN 37160
Judge: Brandt
First Paragraph:
The trial judge awarded the plaintiff 50% permanent partial disability
to the right hand. He refused to award temporary total disability
benefits because plaintiff had lost no wages during his period of
temporary total disability. Appellant challenges the trial court's
findings that plaintiff sustained a work related injury by accident to
his right thumb in August 1992, that plaintiff gave notice of such an
injury and that this claim is not barred by the statute of
limitations. Appellee challenges the trial court's refusal to award
temporary total disability benefits. Appellee also argues that the
appellant should be estopped from pleading the affirmative defenses
relied upon for failure to show proper and timely filing of the
required notice of controversy. We affirm the trial court's judgment.
URL:http://www.tba.org/tba_files/TSC_WCP/WILSONR_OPN.WP6
DAVID L. ADAMS
vs.
NANCY W. ADAMS
Court:TCA
Attorneys:
GLENN COX
P. O. Box 1121
Columbia, Tennessee 38402-1121
ATTORNEY FOR PLAINTIFF/APPELLEE
R. E. LEE DAVIES
Hartzog, Silva & Davies
123 Fifth Avenue North
P. O. Box 664
Franklin, Tennessee 37065-0664
ATTORNEY FOR DEFENDANT/APPELLANT
Judge: LEWIS
First Paragraph:
This is an appeal by defendant/appellant, Nancy W. Adams ("Wife"),
from a judgment of the chancery court granting Wife and
plaintiff/appellee, David L. Adams ("Husband"), a divorce. Wife
claims that the trial court erred in calculating the amount of child
support and the amount of rehabilitative alimony and attorney's fees
awarded to Wife. REVERSED IN PART, AFFIRMED IN PART, AND REMANDED
URL:http://www.tba.org/tba_files/TCA/ADAMSDL_OPN.WP6
ELVIN L. BLANKENSHIP and wife, MARY BLANKENSHIP, and WAYNE BLANKENSHIP
vs.
ALVIS BLANKENSHIP and wife, DOROTHY BLANKENSHIP, and CHARLES GOODMAN
and wife, KATHY GOODMAN
Court:TCA
Attorneys:
Michael L. Weinman
TATUM & TATUM, Henderson, Tennessee
Attorney for Appellants
Daniel J. Perky
Lexington, Tennessee
Attorney for Appellees
Judge: FRANKS
First Paragraph:
In this boundary line dispute the Trial Court appointed a surveyor who
established a boundary line between the parties which was adopted by
the Trial Judge in the Decree in this case. Defendants have appealed,
asserting the Trial Court erred in limiting their proof and in
adopting the boundary established by the surveyor. VACATED AND
REMANDED.
URL:http://www.tba.org/tba_files/TCA/BLANKENS_OP2.WP6
S. THOMAS BURNETT
vs.
SAMMY (sic) WILLIAMS
vs.
FRANK SMITH, both individually and as Circuit Court Clerk
Court:TCA
Attorneys:
SKIDMORE NEALE GARRETT
P.O. Box 725
Jamestown, Tennessee 38556
ATTORNEY FOR RESPONDENT/APPELLANT
S. ROGER YORK
S. Roger York & Associates
P.O. Box 423
Crossville, Tennessee 38557
ATTORNEY FOR PETITIONER/APPELLEE
Judge: LEWIS
First Paragraph:
This is an appeal by respondent/appellant, Sammy Williams, from a
decision of the chancery court that found that petitioner/appellee, S.
Thomas Burnett, had properly redeemed his property which Williams
purchased at a delinquent tax sale. REVERSED AND REMANDED
URL:http://www.tba.org/tba_files/TCA/BURNETTS_OPN.WP6
BILLY JOE DAUGHERTY
vs.
TRI-COUNTY ELECTRIC MEMBERSHIP CORPORATION
Court:TCA
Attorneys:
Thomas H. Bilbrey, Lafayette, Tennessee
Attorney for Plaintiff/Appellant.
Ken Witcher, Lafayette, Tennessee
Attorney for Defendant/Appellee.
Judge: FARMER
First Paragraph:
The appellant, Billy Joe Daugherty (Daugherty), has appealed from the
summary judgment entered by the trial court in favor of the appellee,
Tri-County Electric Membership Corporation ("Tri-County" or "the
Cooperative"). AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/DAUGHERB_OPN.WP6
STATE OF TENNESSEE
vs.
JOHN GUINN
Court:TCA
Attorneys:
W. Mark Ward, Assistant Shelby County Public Defender
For Appellant
Charles W. Burson, Attorney General and Reporter
Ellen H. Pollack, Assistant Attorney General
For Appellee
Judge: CRAWFORD
First Paragraph:
This is a juvenile delinquency proceeding. Defendant, John Guinn,
appeals from the order of the Circuit Court of Shelby County on a jury
verdict finding defendant guilty of committing the delinquent act of
attempt to commit murder in the second degree. AFFIRMED AND
REMANDED.
URL:http://www.tba.org/tba_files/TCA/GUINNJ_OPN.WP6
WANDA GAIL KERR HOOPER
vs.
ROBERT EDWIN HOOPER
Court:TCA
Attorneys:
MICHAEL W. EDWARDS
Hendersonville, Tennessee
Attorney for Defendant/Appellant
F. DULIN KELLY
KELLY & KELLY
Hendersonville, Tennessee
Attorney for Plaintiff/Appellee
Judge: HIGHERS
First Paragraph:
Defendant Robert Edwin Hooper (Husband) appeals the trial court's
final decree dissolving the parties' marriage. In its final decree,
the trial court designated Plaintiff/Appellee Wanda Gail Kerr Hooper
(Wife) the primary custodian of the parties' two minor children,
ordered the Husband to pay the Wife child support in the amount of
$1189 per month, awarded the Wife rehabilitative alimony in the amount
of $576 per month for thirty months, and equitably distributed the
parties' property. In distributing the parties' property, the trial
court awarded the Wife a 1994 Pontiac valued at $10,000, $21,957 in
savings from the parties' credit union accounts, and the marital home
having an equity of between $54,000 and $59,000, subject to a $5000
lien in favor of the Husband. The Husband, in turn, was awarded his
401k plan valued at $24,202, his retirement plan valued at $18,459,
$12,657 in savings, and a 1992 Pontiac valued at $7,000. On appeal,
the Husband's sole contention is that the trial court erred in
distributing the parties' marital property. Specifically, the Husband
complains that the trial court's award of the marital home to the Wife
resulted in an inequitable distribution of the parties' property
because the Wife received over sixty percent of the marital estate.
We affirm.
URL:http://www.tba.org/tba_files/TCA/HOOPERWG_OPN.WP6
CARL E. JORDAN
vs.
TENNESSEE BOARD OF PAROLES, et al.
Court:TCA
Attorneys:
CARL E. JORDAN
#91050
Riverbend Maximum Security Institution
7475 Cockrill Bend Industrial Road
Nashville, Tennessee 37209
Pro Se/Petitioner/Appellant
CHARLES W. BURSON
Attorney General and Reporter
PATRICIA C. KUSSMANN
Assistant Attorney General
404 James Robertson Parkway
Nashville, Tennessee 37243
Attorney for Respondents/Appellees
Judge: HIGHERS
First Paragraph:
An inmate in the custody of the Department of Correction filed a
Petition for Writ of Certiorari to challenge the Parole Board's
refusal to grant him parole. The Chancery Court dismissed the
Petition for failure to comply with the time limitations for filing.
We affirm the dismissal on the alternate ground of failure to state a
claim upon which relief can be granted.
URL:http://www.tba.org/tba_files/TCA/JORDANCE_OPN.WP6
J. CLARICE KNIGHT and CAROLYN K. BRANTLY, Administratrices ad litem
for the Estate of Alta M. Knight, deceased, and SHERRY GARLAND
vs.
HOSPITAL CORPORATION OF AMERICA a/k/a CENTENNIAL MEDICAL CENTER;
HOSPITAL CORPORATION OF AMERICA; HOSPITAL CORPORATION OF AMERICA a/k/a
WESTSIDE HOSPITAL and JANE/JOHN DOE NURSES
Court:TCA
Attorneys:
For the Plaintiffs/Appellants: For the Defendants/Appellees:
Shelley I. Stiles C.J. Gideon, Jr.
Brentwood, Tennessee Nashville, Tennessee
Judge: KOCH
First Paragraph:
The medical malpractice and outrageous conduct claims involved in this
appeal stem from the hospitalization of an elderly patient for total
hip replacement surgery. The patient, her two sisters, and her
caretaker sued the hospital and its nursing staff in the Circuit Court
for Davidson County alleging that their lack of appropriate care
caused the patient to enter a vegetative state and caused severe
emotional stress to the patient's sisters and caretaker. The trial
court granted the hospital's motion for summary judgment. We affirm
the trial court.
URL:http://www.tba.org/tba_files/TCA/KNIGHTJC_OPN.WP6
KIMBERLY ANNE (CARUTHERS)
LOVAN
vs.
MICHAEL GERALD LOVAN
Court:TCA
Attorneys:
JOSEPH Y. LONGMIRE, JR.
103 Bluegrass Commons Blvd.
P. O Box 738
Hendersonville, Tennessee 37077-0738
Attorney for Plaintiff/Appellee
RONALD B. BUCHANAN
103 Hazel Path Court
Hendersonville, Tennessee 37075
Attorney for Defendant/Appellant
Judge: CANTRELL
First Paragraph:
The trial court granted the wife an absolute divorce, and gave her
custody of the two minor children. The court also divided the marital
property, and ordered the husband to pay child support and
rehabilitative alimony. The husband appealed, arguing that the court
erred in its valuation and division of the marital property, and in
its support orders. We modify the trial court's orders in regard to
alimony and child support. In all other respects, we affirm the trial
court.
URL:http://www.tba.org/tba_files/TCA/LOVANK_OPN.WP6
CHARLES JOSEPH McKEON
vs.
STATE OF TENNESSEE
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendant/Appellee:
James L. Harris Charles W. Burson
Nashville, Tennessee Attorney General and Reporter
James C. Floyd
Assistant Attorney General
Judge: KOCH
First Paragraph:
This appeal involves a wrongful discharge claim filed by the former
executive director of prison industries. The Tennessee Claims
Commission granted the State's motion for summary judgment on the
ground that the claimant had voluntarily resigned. The claimant
asserts on this appeal that the commission should not have granted the
summary judgment because of the existence of material factual disputes
concerning whether he had, in fact, resigned. We affirm the claims
commissioner's decision because the only reasonable conclusion to be
drawn from the undisputed facts is that the claimant resigned from his
position.
URL:http://www.tba.org/tba_files/TCA/MCKEONCJ_OPN.WP6
ORLANDO RESIDENCE, LTD.
vs.
NASHVILLE LODGING COMPANY, NASHVILLE RESIDENCE CORPORATION, KENNETH E.
NELSON, and METRIC PARTNERS GROWTH SUITE INVESTORS, L.P.
Defendants,
METRIC PARTNERS GROWTH SUITE INVESTORS, L.P.
vs.
2300 ELM HILL PIKE, INC.
Court:TCA
Judge: TODD
First Paragraph:
The judgment entered by this Court on December 18, 1996, is modified
by deleting the words, "Nashville Lodging Company, Nashville Residence
Corporation and Kenneth E. Nelson" and substituting therefor the words
"Orlando Residence, Ltd."
URL:http://www.tba.org/tba_files/TCA/ORLANDO_ORD.WP6
LUANNE F. OVERTON, ET. AL.
vs.
BOARD OF EXAMINERS IN PSYCHOLOGY
Court:TCA
Judge: TODD
First Paragraph:
The appellant, Philip Guinsburg, has filed a petition to rehear which
has been duly considered and is respectfully denied.
URL:http://www.tba.org/tba_files/TCA/OVERTONL_ORD.WP6
VADA MARIE PALMER
vs.
WILLIAM TROUPE, II and LINDA TROUPE
Court:TCA
Attorneys:
J. Mitchell Grissim, Jr., #9473
325 Union Street
Nashville, TN 37201
ATTORNEY FOR PLAINTIFF/APPELLEE
Franklin D. Brabson, #3890
2806 Natchez Trace
Nashville, TN 37212
ATTORNEY FOR PLAINTIFFS/APPELLANTS
Judge: TODD
First Paragraph:
The controversy involves title to realty, rights to proceeds of fire
insurance and claims and counterclaims between the parties. The Trial
Court, sitting without a jury, awarded the realty and $500.00 judgment
to the plaintiff, and defendants have appealed. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/PALMERVM_OPN.WP6
TAMMY PAYNE
vs.
MARGARET C. CULPEPPER, in her capacity as Commissioner of the
Tennessee Department of Employment Security; and DENIM PROCESSING,
INC.
Court:TCA
Attorneys:
PAUL E. DROZDOWSKI
Rural Legal Services of Tennessee, Inc.
P. O. Box 5209
Oak Ridge, Tennessee 37831
ATTORNEY FOR PLAINTIFF/APPELLANT
CHARLES W. BURSON
Attorney General and Reporter
KIMBERLY M. FRAYN
JENNIFER H. SMALL
404 James Robertson Parkway
Suite 1510
Nashville, Tennessee 37243-0499
Judge: LEWIS
First Paragraph:
This is an appeal by Plaintiff Tammy Payne, from the judgment of the
trial court affirming an order of the Department of Employment
Security which found that Plaintiff was not entitled to unemployment
compensation.
URL:http://www.tba.org/tba_files/TCA/PAYNET_OPN.WP6
MARY MILBOURN SANDERS
vs.
STEVE HERBERT SANDERS and JANET RIGGINS SANDERS
Court:TCA
Attorneys:
For the Plaintiff/Appellee: For the Defendants/Appellants:
No Appearance Whitney Kemper
KEMPER & McLEMORE
Nashville, Tennessee
Judge: KOCH
First Paragraph:
This appeal involves a contempt proceeding for failure to pay child
support in a timely manner. Following the father's failure to meet a
court imposed deadline for paying his child support arrearage, the
Sumner County General Sessions Court summarily found him in contempt
and sentenced him to forty-eight hours in jail and eighty hours of
community service work. The father has appealed. We have determined
that the proceeding was one for criminal contempt and, therefore, that
the judgment of contempt must be vacated because of the trial court's
failure to comply with the requirements of Tenn. R. Crim. App. 42(b).
URL:http://www.tba.org/tba_files/TCA/SANDERSM_OPN.WP6
SANDY SANDERS
vs.
DAVID W. LANIER, IN HIS INDIVIDUAL AND IN HIS OFFICIAL CAPACITIES, AND
THE STATE OF TENNESSEE
Court:TCA
Attorneys:
Jerrold L. Becker and Scarlett A. Beaty,
LOCKRIDGE, BECKER & VALONE, P.C., Knoxville, Tennessee,
Attorney for Plaintiff-Appellant.
Charles W. Burson, Attorney General and Reporter, and
S. Elizabeth Martin, Assistant Attorney General, Nashville, Tennessee,
For Appellee, State of Tennessee.
Judge: FRANKS
First Paragraph:
Plaintiff's action filed against the State pursuant to the Tennessee
Human Rights Act (THRA), Tennessee Code Annotated S4-20-191, et seq.,
was dismissed by the Trial Judge for failure to state a cause of
action. T.R.C.P. Rule 12.02(6). REVERSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/SANDERSS_OPN.WP6
MATTHEW SEFFERNICK
vs.
SAINT THOMAS HOSPITAL AND BARRY E. YARBROUGH, M.D.
Court:TCA
Judge: Todd
First Paragraph:
The appellees, St. Thomas Hospital and Barry Yarbrough, M.D., have
filed a respectful petition on four grounds. The appellees, St. Thomas
Hospital and Barry Yarbrough, M.D., have filed a respectful petition
on four grounds. The petition to rehear is respectfully denied.
URL:http://www.tba.org/tba_files/TCA/SEFFERN_OPN.WP6
ROBERT K. SHARP
vs.
JOHNNY R. TUNE and TUNE INSURANCE CENTER, INC.
Court:TCA
Attorneys:
F. CLAY BAILEY, JR.
TUNE, ENTREKIN & WHITE
315 Deaderick Street
First American Center, 21st Floor
Nashville, Tennessee 37238
Attorney for Plaintiff/Appellant
THOMAS W. HARDIN
HARDIN & PARKES
102 West Seventh Street
P. O. Box 692
Columbia, Tennessee 38402-0692
Attorney for Defendants/Appellees
Judge: CANTRELL
First Paragraph:
One of the founders of an insurance agency claimed that his stock in
the company is being held in trust by the other founder. The Chancery
Court of Davidson County held that the plaintiff failed to prove his
case by the high degree of proof required to establish an oral trust.
We affirm the chancellor's dismissal of the claim, but on the
alternate ground that the plaintiff failed to prove that he satisfied
the conditions precedent to the obligation to convey the shares to
him.
URL:http://www.tba.org/tba_files/TCA/SHARPRK_OPN.WP6
HAROLD EUGENE SMITH
vs.
METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE,
et al
Court:TCA
Attorneys:
HAROLD EUGENE SMITH, pro se
Nashville, Tennessee
PAUL D. KRIVACKA
METROPOLITAN ATTORNEY
Nashville, Tennessee
Attorney for Appellee Metropolitan Government
of Nashville and Davidson County
GEORGE E. BARRETT
PHILLIP A. PURCELL
BARRETT, JOHNSTON & PARSLEY
Nashville, Tennessee
Attorneys for Appellees Metropolitan Development
and Housing Agency, Gerald F. Nicely,
Bob Howard and Paul Jennings
Judge: HIGHERS
First Paragraph:
Plaintiff Harold Eugene Smith, appearing pro se, appeals the trial
court's final order which dismissed the Plaintiff's complaint against
Defendants/Appellees Metropolitan Government of Nashville and Davidson
County (Metro), Metropolitan Development and Housing Agency (MDHA),
and two MDHA employees, Bob Howard (Howard) and Paul Jennings
(Jennings). The trial court dismissed the Plaintiff's claims against
Metro and MDHA based on the one-year statute of limitations contained
in the Tennessee Governmental Tort Liability Act. See T.C.A. S
29-20-305(b) (Supp. 1992). Regarding the Plaintiff's other claims,
the trial court entered summary judgment in favor of Howard and
Jennings based on the affidavit, depositions, and documents filed in
this case. For the reasons hereinafter stated, we affirm the trial
court's dismissal of the Plaintiff's complaint.
URL:http://www.tba.org/tba_files/TCA/SMITHHE_OPN.WP6
THOMAS KEITH BATTLE
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Gregory D. Smith Charles W. Burson
One Public Square, Suite 321 Attorney General of Tennessee
Clarksville, TN 37040 and
Charlotte H. Rappuhn
and Lisa A. Naylor
Assistant Attorney Generals
of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
and
Jon Seaborg
Assist District Attorney General
Washington Square
222 2nd Avenue North
Nashville, TN 37201-1649
Judge: Tipton
First Paragraph:
The petitioner, Thomas Keith Battle, appeals as of right from the
judgment of the Criminal Court of Davidson County denying his petition
for post conviction relief. Pursuant to an agreement, the petitioner
entered guilty pleas on June 20, 1989, to (1) possession of a Schedule
II controlled substance, cocaine, for resale on March 12, 1987, (2)
possession of less than one-half ounce of a Schedule VI controlled
substance, marijuana, for resale on December 21, 1987, and (3)
possession of thirty grams or more of a substance containing cocaine
for resale on October 19, 1988. The trial court imposed concurrent
sentences of four, one and twelve years, respectively. The petitioner
is currently serving his sentences in the Department of Correction.
He asserts on appeal that because he received the ineffective
assistance of counsel, he did not knowingly and voluntarily enter his
guilty pleas.
URL:http://www.tba.org/tba_files/TCCA/BATTLETK_OPN.WP6
STATE OF TENNESSEE
vs.
ROOSEVELT BIGBEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL W. EDWARDS CHARLES W. BURSON
177 East Main Street Attorney General and Reporter
Hendersonville, TN 37075
KIMBERLY A. CHANCE
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
LAWRENCE RAY WHITLEY
District Attorney General
DEE DAVID GAY
Assistant District Attorney
Public Square
Gallatin, TN 37066
Judge: SMITH
First Paragraph:
his is an appeal as of right pursuant to Tenn. R. App. P. 3. On March
15, 1991, Appellant was convicted in Sumner County Criminal Court of
the felony murder of Monty Climer and sentenced to death. On October
3, 1994, the Tennessee Supreme Court upheld Appellant's conviction,
but reversed the sentence of death and ordered a new sentencing
hearing. See, State v. Bigbee, 885 S.W.2d 797 (Tenn. 1994).
URL:http://www.tba.org/tba_files/TCCA/BIGBEE_ORD.WP6
STATE OF TENNESSEE
vs.
ELTON DONALD BOWERS a/k/a RASHID QAWWI
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Stephen P. Spracher Charles W. Burson
Assistant Public Defender Attorney General & Reporter
227 West Baltimore
Jackson, TN 38301 Ellen H. Pollack
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Donald Allen
Asst. District Attorney General
P.O. Box 2825
Judge: WADE
First Paragraph:
The defendant, Elton Donald Bowers, also known as Rashid Qawwi, was
convicted of aggravated robbery and possession of a weapon with the
intent to employ in the commission of the robbery. Tenn. Code Ann. S
39-13-402 and Tenn. Code Ann. S 39-17-307. The trial court ordered
the weapons conviction merged with the aggravated robbery, classified
the defendant as a career offender, and imposed a thirty-year
sentence. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCCA/BOWERSED_OPN.WP6
STATE OF TENNESSEE
vs.
BILLY HAROLD BREWER
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Donald E. Holt Charles W. Burson
216 Dr. Hicks Blvd., West Attorney General of Tennessee
Box 58 and
Florence, Alabama 35631 Ellen H. Pollack
(AT TRIAL) Assistant Attorney General
450 James Robertson Parkway
James Daniel Freemon Nashville, TN 37243-0493
328 West Gaines St.
Lawrenceburg, TN 38464 T. Michael Bottoms
(AT TRIAL AND ON APPEAL) District Attorney General
and
Robert C. Sanders
Assistant District Attorney General
Box 459
Lawrenceburg, TN 38464
Judge: Tipton
First Paragraph:
The defendant, Billy Harold Brewer, was convicted in a jury trial in
the Wayne County Circuit Court of official misconduct and coercion of
a juror, Class E felonies. As a Range I, standard offender, he was
sentenced to two years in the Department of Correction for each
conviction. The trial court placed the defendant on immediate
probation and ordered that he pay court costs and spend 200 hours
performing public service work. The defendant appeals as of right
contending that the evidence was insufficient to sustain the
convictions and that the trial court erred
in not properly instructing the jury on his statutory defense. We
disagree.
URL:http://www.tba.org/tba_files/TCCA/BREWERBH_OPN.WP6
STATE OF TENNESSEE
VS.
ASHLEY MAURICE BROOKS
Court:TCCA
Attorneys:
FOR THE APPELLEE: FOR THE APPELLANT:
CHERYL SKIDMORE CHARLES W. BURSON
Attorney at Law Attorney General & Reporter
629 East Main Street
Hendersonville, TN 37075
KAREN M. YACUZZO
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
RAY WHITLEY
District Attorney General
DEE DAVID GAY
Assistant District Attorney General
113 West Main Street
Gallatin, TN 37066
Judge: RILEY
First Paragraph:
This is an extraordinary appeal granted the State of Tennessee
pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure.
The state alleges the trial court erred by requiring the district
attorney general to grant pre-trial diversion. We find that a Class B
felony is not eligible for pre-trial diversion and reverse the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/BROOKSA_OPN.WP6
STATE OF TENNESSEE
vs.
CHARLES P. GRIGSBY
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
ON APPEAL: Charles W. Burson
Craig V. Morton, II Attorney General and Reporter
Attorney at Law
212 Adams Avenue Sarah M. Branch
Memphis, TN 38103 Assistant Attorney General
Criminal Justice Division
AT TRIAL: 450 James Robertson Parkway
Robert J. Ross, II Nashville, TN 37243 0493
Attorney at Law
100 North Main St.
Memphis, TN 38103 John W. Pierotti
District Attorney General
James A. Lammey
Asst. District Attorney General
Third Floor
Criminal Justice Complex
201 Poplar Avenue
Memphis, TN 38103
Judge: Hayes
First Paragraph:
The appellant, Charles P. Grigsby, entered an Alford plea to one count
of aggravated burglary in the Shelby County Criminal Court and
received, pursuant to a plea agreement, a sentence of eight years as a
range II offender. The manner of service of the appellant's sentence
was submitted to the trial court for its determination. Following the
sentencing hearing, the trial court denied the appellant's request for
an alternative sentence and ordered that his sentence be served in the
Department of Correction. The appellant appeals this sentencing
decision, specifically contending that the trial court erred by
failing to impose a sentence under the Community Corrections Act.
After a review of the record, we affirm the judgment of the trial
court.
URL:http://www.tba.org/tba_files/TCCA/GRIGSBY_OPN.WP6
STATE OF TENNESSEE
vs.
WILLIAM HIGHTOWER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIAM HIGHTOWER, PRO SE CHARLES W. BURSON
Kilby Correctional Facility Attorney General and Reporter
P. O. Box 150
Mt. Meigs, Alabama 36057 MICHAEL J. FAHEY, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
JOSEPH D. BAUGH, JR.
District Attorney General
DEREK SMITH
Assistant District Attorney General
P. O. Box 937
Franklin, TN 37065-0937
Judge: RILEY
First Paragraph:
This is an appeal from the trial court's revocation of appellant's
probation and imposition of an eight-year sentence ordered to run
consecutively to a fifteen-year Alabama sentence. After a thorough
review of the record, 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/HIGHTOWE_OPN.WP6
DICKIE L. HOPKINS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
William S. Rhea Charles W. Burson
Attorney at Law Attorney General & Reporter
P. O. Box 819 500 Charlotte Avenue
Somerville, TN 38068 Nashville, TN 37243-0497
William D. Bridgers
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Elizabeth T. Rice
District Attorney General
302 Market Street
Somerville, TN 38068
Christopher S. Mashburn
Assistant District Attorney General
302 Market Street
Somerville, TN 38068
Judge:Jones
First Paragraph:
The appellant, Dickie L. Hopkins, appeals as of right from a judgment
of the trial court denying his suit for post-conviction relief
following an evidentiary hearing. In this Court, the appellant
contends (1) his pleas of guilty were coerced, and (2) he was denied
the effective assistance of counsel guaranteed by the Sixth Amendment
to the United States Constitution and Article I, S 9 of the Tennessee
Constitution because counsel (a) failed to notice the state's notice
of enhanced punishment was untimely filed, (b) failed to argue the
trial court should consider the punishment for the offenses under the
1982 and 1989 versions of the Tennessee Sentencing Reform Acts, (c)
failed to bring to the attention of the court the convictions used to
enhance punishment occurred after he committed the offenses in the
present cases, and (d) failed to argue two prior convictions should
have been considered as one offense for sentencing purposes. After a
thorough review of the record, the briefs of the parties, and the
authorities which govern the issues presented for review, it is the
opinion of this Court the judgment of the trial court should be
affirmed in part, reversed in part, and remanded to the trial court
for a new sentencing hearing.
URL:http://www.tba.org/tba_files/TCCA/HOPKINSD_OPN.WP6
ELWOOD DEWAYNE HOWARD
vs.
DAVID MILLS, Warden
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ELWOOD DEWAYNE HOWARD, CHARLES W. BURSON
pro se Attorney General & Reporter
#103299 Turney Center, Route 1
Only, TN 37140-9709
WILLIAM DAVID BRIDGERS
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
JOE D. BAUGH
District Attorney General
RONALD DAVIS
Asst. District Attorney General
P.O. Box 937
Franklin, TN 37065
Judge: PEAY
First Paragraph:
The petitioner filed for a writ of habeas corpus, alleging that his
1984 convictions for felony murder and two counts of armed robbery are
void due to an unconstitutional jury instruction on reasonable doubt.
His petition also alleges that he received ineffective assistance of
counsel on direct appeal. The court below summarily dismissed the
petition, and the petitioner now appeals. We affirm the judgment.
URL:http://www.tba.org/tba_files/TCCA/HOWARDED_OPN.WP6
TERESA KING
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ELWOOD DEWAYNE HOWARD, CHARLES W. BURSON
pro se Attorney General & Reporter
#103299 Turney Center, Route 1
Only, TN 37140-9709
WILLIAM DAVID BRIDGERS
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
JOE D. BAUGH
District Attorney General
RONALD DAVIS
Asst. District Attorney General
P.O. Box 937
Franklin, TN 37065
Judge: WELLES
First Paragraph:
It appears that the petitioner was originally convicted by a jury of
first degree murder and sentenced to life imprisonment. This Court
affirmed the petitioner's conviction on April 29, 1993. See State v.
Teresa M. King, No. 01C01 9204-CR-00146 (Tenn. Crim. App., at
Nashville, April 29, 1993). Permission to appeal was denied by our
Supreme Court on September 13, 1993. The petitioner then filed her
petition for post-conviction relief on June 17, 1996. The trial court
dismissed the petition without a hearing upon a finding that the
petition was filed outside the one year statute of limitation and that
the petitioner's claims did not fall within one of the exceptions to
the statute of limitation as set forth in T.C.A. S 40-30-206. We
agree.
URL:http://www.tba.org/tba_files/TCCA/KINGTER_ORD.WP6
STATE OF TENNESSEE
vs.
JOHN STEPHEN LEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Terry J. Leonard Charles W. Burson
Attorney at Law Attorney General and Reporter
9 North Court Square
P. O. Box 424 Deborah A. Tullis
Camden, TN 38320 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
G. Robert Radford
District Attorney General
Todd A. Rose
Asst. District Attorney General
P. O. Box 94
Paris, TN 38242
Judge: Hayes
First Paragraph:
The appellant, John Stephen Lee, appeals from a sentence imposed by
the Benton County Circuit Court upon his plea of guilty to the offense
of sexual battery, a class E felony. Pursuant to a negotiated plea,
the appellant received a sentence of one year as a range I offender.
The manner of service of the sentence was submitted to the trial court
for determination. Following a sentencing hearing, the trial court
denied any form of alternative sentence and imposed a sentence of
incarceration in the Department of Correction. The appellant now
appeals this decision. After a review of the record, we affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/LEEJS_OPN.WP6
STATE OF TENNESSEE
vs.
EDDIE JOE MANN
Court:TCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
G. Stephen Davis Charles W. Burson
District Public Defender Attorney General & Reporter
208 Mill Avenue, North 500 Charlotte Avenue
Dyersburg, TN 38025-0742 Nashville, TN 37243-0497
(Appeal Only)
Clinton J. Morgan
William K. Randolph Assistant Attorney General
Attorney at Law 450 James Robertson Parkway
310 Masonic, West Nashville, TN 37243-0493
Dyersburg, TN 38024-0611
(Trial Only) C. Phillip Bivens
District Attorney General
P.O. Drawer E
Dyersburg, TN 38024
James E. Lanier
Assistant District Attorney General
P.O. Box Drawer E
Dyersburg, TN 38024
Judge: Jones
First Paragraph:
The appellant, Eddie Joe Mann, was convicted of theft under $500, a
Class A felony, by a jury of his peers. The trial court imposed a
sentence consisting of a $1,000 fine and confinement for eleven months
and twenty-nine days in the Dyer County Jail. The appellant is
required to serve twenty (20) days of the sentence with the balance of
the sentence suspended. In this Court, the appellant contends the
evidence introduced during the trial is insufficient, as a matter of
law, to support his conviction, the trial court erred by permitting
the state to cross-examine him about the number of guns he observed
when Scotty Twitty approached him, and the sentence imposed by the
trial court is excessive. After a thorough review of the record, the
briefs of the parties, and the authorities governing the issues
presented for review, it is the opinion of the Court that the judgment
of the trial court should be affirmed.
URL:http://www.tba.org/tba_files/TCCA/MANNEJ_OPN.WP6
ROGER DALE McKINNEY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
George Morton Googe Charles W. Burson
District Public Defender Attorney General & Reporter
and
Pamela J. Drewery Ellen H. Pollack
Assistant Public Defender Assistant Attorney General
227 West Baltimore Street 450 James Robertson Parkway
Jackson, TN 38301 Nashville, TN 37243-0493
Jerry Woodall
District Attorney General
Don Allen
Assistant District Attorney General
P.O. Box 2825
Jackson, TN 38301
Judge: WADE
First Paragraph:
The petitioner, Roger Dale McKinney, appeals the trial court's summary
dismissal of his petition for post-conviction relief. The single
issue presented for review is whether the petitioner's claims had been
either waived or previously determined. We affirm the judgment of the
trial court.
URL:http://www.tba.org/tba_files/TCCA/MCKINNEY_OPN.WP6
STATE OF TENNESSEE
vs.
MICHAEL ANTHONY PIKE
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Barton F. Robison Charles W. Burson
104 West Washington Street Attorney General and Reporter
Paris, Tennessee 38242 450 James Robertson Parkway
Nashville, Tennessee 37243-0493
Michelle L. Lehman
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243-0493
Robert Radford
District Attorney General
Vicki Snyder
Assistant District Attorney General
P.O. Box 686
Huntingdon, Tennessee 38344
Judge: Barker
First Paragraph:
The Appellant, Michael Anthony Pike, appeals as of right his sentences
for simple possession of marijuana, possession of marijuana with
intent to sell, and possession of drug paraphernalia. He argues on
appeal that the trial judge erred by not placing him in community
corrections or, in the alternative, by not giving him the minimum
statutory sentences. After a careful review of the record on appeal,
we affirm the trial court's judgment.
URL:http://www.tba.org/tba_files/TCCA/PIKEMA_OPN.WP6
STATE OF TENNESSEE
vs.
GARY LYNN SYKES
Court:TCCA
Attorneys:
For Appellant:
G. Stephen Davis
District Public Defender
208 N. Mill Avenue
P.O. Box 742
Dyersburg, TN 38025-0742
For Appellee:
Charles W. Burson
Attorney General & Reporter
Sarah M. Branch
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
James E. Lanier
Assistant District Attorney General
P. O. Box E
Dyersburg, TN 38024
Judge: WADE
First Paragraph:
At the conclusion of a bench trial, the defendant, Gary Lynn Sykes,
was convicted of aggravated assault. The trial court required
restitution of $4,421.00 and imposed a Range I, three-year sentence in
the Dyer County jail; all but sixty days were suspended. In his
appeal of right, the defendant challenges the sufficiency of the
evidence. We affirm.
URL:http://www.tba.org/tba_files/TCCA/SYKESGL_OPN.WP6
STATE OF TENNESSEE
vs.
KEITH U. TATE and WILLIE F. TATE
Court:TCCA
Attorneys:
For Appellants: For Appellee:
For defendant Keith U. Tate: Charles W. Burson
W. Mark Ward, Attorney General & Reporter
Assistant Public Defender
147 Jefferson, Suite 900 Clinton J. Morgan
Memphis, TN 38103 Counsel for the State
(on appeal) 450 James Robertson Parkway
Nashville, TN 37243-0493
Trent Hall
Assistant Public Defender Judson W. Phillips
201 Poplar Avenue, Second Fl Assistant District Attorney General
Memphis, TN 38103 201 Poplar Avenue, Third Floor
(at trial) Memphis, TN 38103
Of Counsel:
A.C. Wharton
District Public Defender
For defendant Willie F. Tate:
Brett B. Stein, Attorney Addie Burks, Attorney
236 Adams Avenue 100 North Main Building
Memphis, TN 38103 Memphis, TN 38103
(on appeal) (at trial)
Judge: WADE
First Paragraph:
The defendant, Keith U. Tate, was convicted of aggravated sexual
battery. The trial court imposed a Range II, seventeen-year sentence.
The defendant, Willie F. Tate, was convicted of aggravated assault.
The trial court imposed a Range II, eight-year sentence. In these
appeals of right, each of the defendants complain that the evidence
was insufficient to support their convictions. We find no error and
affirm each of the judgments.
URL:http://www.tba.org/tba_files/TCCA/TATEKU_OPN.WP6
STATE OF TENNESSEE
vs.
DONALD RAY TURNER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Campbell Smoot Charles W. Burson
District Public Defender Attorney General & Reporter
Rachel E. Willis Karen M. Yacuzzo
Assistant Public Defender Assistant Attorney General
605 East Carroll Street Criminal Justice Division
P.O. Box 260 450 James Robertson Parkway
Tullahoma, TN 37388 Nashville, TN 37243-0493
C. Michael Layne
District Attorney General
P.O. Box 147
Manchester, TN 37355
Judge: SUMMERS
First Paragraph:
The appellant, Donald Ray Turner, appeals the trial court's revocation
of his probation. We affirm.
URL:http://www.tba.org/tba_files/TCCA/TURNERDR_OPN.WP6
ELBERT L. WILLIAMS
vs.
STATE OF TENNESSEE
Court:TCCA
Judge: WELLES
First Paragraph:
The petitioner contends that the trial court erred in dismissing his
petition for writ of habeas corpus. Specifically, the petitioner
asserts that his 1991 guilty plea to possession of cocaine with intent
to sell is void because the incident that gave rise to his conviction
also gave rise to the forfeiture of $18,000 that was seized from the
petitioner at the time of his arrest. In dismissing the petitioner's
petition for writ of habeas corpus, the trial court found that the
claim in the petition would not render the petitioner's conviction
void. Accordingly, the trial court granted the state's motion to
dismiss. We agree with the trial court and grant the state's motion to
affirm the judgment.
URL:http://www.tba.org/tba_files/TCCA/WILLIAME_ORD.WP6
STATE OF TENNESSEE
vs.
JETT LINDSAY WRIGHT and WENDELL WHEELER
Court:TCCA
Attorneys:
For Appellant Wright: For the State of Tennessee:
John G. Mitchell Charles W. Burson
215 N. Academy Street Attorney General and Reporter
P.O. Box 1336 450 James Robertson Parkway
Murfreesboro, TN 37133-1336 Nashville, TN 37243-0485
For Appellant Wheeler: Karen M. Yacuzzo
Assistant Attorney General
Gerald L. Melton 450 James Robertson Parkway
201 West Main Street Nashville, TN 37243-0493
Suite, 101, Court Square Bldg.
Murfreesboro, TN 37130 David Puckett
Asst District Attorney General
Rutherford County Judicial Bldg.
Murfreesboro, TN 37130
Judge: WADE
First Paragraph:
The defendants, Jett Lindsay Wright and Wendell Wheeler, pled guilty
to one count each of possession of over 70 pounds of marijuana for
resale. The trial court imposed Range I, eight-year sentences on each
of the defendants. All but 180 days was suspended for Wright. All
but 365 days was suspended for Wheeler. The defendants reserved the
right to appeal as a certified question of law the denial of their
motion to suppress the evidence of the 70 pounds of marijuana. See
Tenn. R. Crim. P. 11(e) and 37(b)(2). AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/WRIGHTJL_OPN.WP6
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