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TBALink Opinion-Flash
February 2, 1997 -- Volume #3 -- Number #015
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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LAWRENCE WOODWARD HAMILTON vs. BRENDA K. SMITH HAMILTON Court:TCA Attorneys: SEYMOUR S. ROSENBERG Memphis, Tennessee Attorney for Plaintiff/Appellant DAVID W. CAMP WALDROP & HALL, P.A. Jackson, Tennessee Attorney for Defendant/Appellee Judge: HIGHERS First Paragraph: AFFIRMED In this divorce action, the Plaintiff, Lawrence Woodward Hamilton, filed his petition for divorce on July 20, 1993. The Defendant, Brenda Kay Smith Hamilton, filed a counter-complaint seeking a divorce on the grounds of inappropriate marital conduct. The trial court granted the Defendant's request for a divorce on the grounds of inappropriate marital conduct. The trial court awarded the parties' marital residence as well as household furnishings to the Defendant. The Plaintiff was ordered to pay all outstanding marital debts other than the first and second mortgage on the marital residence, all expenses incurred by the Defendant as a result of this action including the Defendant's attorney fees and $2,200.00 per month in permanent alimony. The trial court awarded the Defendant one-half of the Plaintiff's retirement proceeds and ordered the Plaintiff to maintain the Defendant on his health insurance policy for three years. The trial court further ordered the Plaintiff to maintain a $50,000.00 life insurance policy naming the Defendant as the irrevocable beneficiary. The Plaintiff has appealed the judgment of the trial court arguing that the trial court erred in awarding the Defendant permanent alimony and attorney fees. URL:http://www.tba.org/tba_files/TCA/hamilton_opn.WP6
SAM POSEY, DANNY TODD, BILLY CHITWOOD, and JIMMY PORTER
vs.
CITY OF MEMPHIS, TENNESSEE, DIVISION OF FIRE SERVICES OF MEMPHIS,
TENNESSEE, DR. W. W. HERENTON, Mayor, WESTELLE FLOREZ, Director of the
Division of Personnel, and CHARLES SMITH, Director of the Division of
Fire Services
Court:TCA
Attorneys:
Mark Allen,
Florence M. Johnson,
AGEE, ALLEN, GODWIN, MORRIS & LAURENZI, Memphis, Tennessee
Attorney for Plaintiffs/Appellants.
Louis P. Britt, III,
Charles V. Holmes,
Robert E. Teutsch, Jr.,
McKNIGHT, HUDSON, LEWIS & HENDERSON, PLLC, Memphis, Tennessee
Attorneys for Defendants/Appellees.
Judge: FARMER
First Paragraph:
VACATED AND REMANDED
The appellants to this action are either current or retired firemen
for the Division of Fire Services of Memphis, Tennessee (Division).
They appeal from a judgment of the trial court in favor of Appellees,
City of Memphis, Tennessee (City), the Division, Dr. W. W. Herenton,
Mayor, Westelle Florez, Director of the Division of Personnel, and
Charles Smith, Director of the Division, on their action seeking
declaratory and injunctive relief regarding the appellees' method of
computing pension benefits for those firefighters employed by the City
for 30 or more years. After review of the record, we vacatge the
judgment of the trial court and remand this cause for further
proceedings consistent with this opinion.
URL:http://www.tba.org/tba_files/TCA/posey_opn.WP6
HOWARD A. WOODS
vs.
M.T.C. MANAGEMENT and SOLOMON MANAGEMENT
Court:TCA
Attorneys:
Howard A. Woods, Pro Se
J. Whitten Gurkin, Memphis, Tennessee, for Defendants/Appellees
Judge: FARMER
First Paragraph:
AFFIRMED AND REMANDED
The issue before this Court is whether the trial court erred in
dismissing Plaintiff's suit for lack of jurisdiction. Plaintiff sued
the defendants alleging he was wrongfully evicted from property
located at 3211 Ashwood, Memphis, Tennessee. He further alleged that
the defendants were in further violation of the Uniform Residential
Landlord and Tenant Act set forth at T.C.A. S 66-28-101 et seq. as
follows: S 66-28-501 (noncompliance with rental agreement by
landlord); S 66-28-502 (failure to supply essential services) and S
66-28-504 (unlawful ouster, exclusion, or diminution of service).
URL:http://www.tba.org/tba_files/TCA/woodsha_opn.WP6
STATE OF TENNESSEE
ABA
ROBERT WILLIS CHANCE, JR.
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
James T. "Jim" Sanderson Charles W. Burson
& Associates, P.C. Attorney General and Reporter
Stephen L. Hale
William G. Hatton William David Bridgers
Attorneys for Appellant Assistant Attorney General
P. O. Box 331 Criminal Justice Division
Bolivar, TN 38008 450 James Robertson Parkway
Nashville, TN 37243-0493
G. Robert Radford
District Attorney General
John Overton
Asst. District Attorney General
601 Main Street
Savannah, TN 38372
Judge: Hayes
First Paragraph:
AFFIRMED
The appellant, Robert Willis Chance, pled guilty to one count of
second degree murder and one count of attempted first degree murder.
Pursuant to the plea agreement, the sentences were to be served
concurrently. The Hardin County Circuit Court imposed a sentence of
twenty-three years for each conviction. In his sole issue, the
appellant contends that the trial court erred in imposing twenty-three
year sentences because of the misapplication of Tenn. Code Ann. S
40-35-210 (1995 Supp.), regarding the presumptive sentence of a class
A felony.
URL:http://www.tba.org/tba_files/TCCA/chancerw_opn.WP6
STATE OF TENNESSEE
vs.
DANNY C. GREEN
Court:TCCA
Attorneys:
PHILIP A. CONDRA CHARLES W. BURSON
Public Defender Attorney General & Reporter
P.O. Box 220
Jasper, TN 37347 KAREN M. YACUZZO
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
J. MICHAEL TAYLOR
District Attorney General
STEVEN M. BLOUNT
Asst. District Attorney General
Franklin County Courthouse
Winchester, TN 37398
Judge: PEAY
First Paragraph:
AFFIRMED
The defendant was indicted for violating the habitual traffic offender
act and for driving on a revoked license (DORL). A jury found him
guilty of these offenses and the trial court determined that the DORL
was a fifth offense. After a hearing, the defendant was sentenced as
a Range I standard offender to eighteen months in the Tennessee
Department of Correction on the habitual traffic offender violation,
and to eleven months, twenty-nine days at seventy-five percent on the
fifth offense DORL. The sentences were ordered to run concurrently.
Upon the defendant's motion for new trial, the trial court merged the
DORL offense into the habitual traffic offender offense and set aside
the misdemeanor judgment and sentence.
URL:http://www.tba.org/tba_files/TCCA/greendc_opn.WP6
STATE OF TENNESSEE
vs.
SONNY GREGORY
Court:TCCA
Attorneys:
GERALD MELTON CHARLES W. BURSON
Public Defender Attorney General and Reporter
JEANNIE KAESS JENNIFER L. RAWLS
Assistant Public Defender Assistant Attorney General
201 W. Main Street, Ste 101 450 James Robertson Parkway
Murfreesboro, TN 37129 Nashville, TN 37243-0493
WILLIAM WHITESELL
District Attorney General
PAUL A. HOLCOMBE, III
Assistant District Attorney General
Suite 303
Murfreesboro, TN 37129
Judge: RILEY
First Paragraph:
AFFIRMED
This is an appeal from a judgment of the Criminal Court of Rutherford
County revoking defendant's probation and ordering him to serve an
eight-year sentence for the sale of cocaine. Defendant contends the
trial court erred in (1) granting a continuance sua sponte to allow
the state to obtain additional witnesses; (2) admitting a laboratory
report and affidavit in violation of defendant's rights to confront
and cross-examine witnesses; and (3) concluding that the evidence was
sufficient to show a violation of the terms of probation by the use of
cocaine.
URL:http://www.tba.org/tba_files/TCCA/gregorys_opn.WP6
STATE OF TENNESSEE
vs.
FREDDIE HERRIMAN, and LORI SWAH
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT PETERS CHARLES W. BURSON
100 First Avenue S.W. Attorney General and Reporter
Winchester, TN 37398
WILLIAM DAVID BRIDGERS
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
WILLIAM LOCKE
District Attorney General
THOMAS J. MINER
Assistant District Attorney
Professional Building
McMinnville, TN 37110
Judge: SMITH
First Paragraph:
AFFIRMED
Appellants Freddie Herriman and Lori Swah entered pleas of guilty in
the Warren County Circuit Court to offenses arising from the same set
of facts and have consolidated their cases for the purpose of appeal.
Herriman pled guilty to carrying a weapon for the purpose of going
armed, possession of a Schedule II controlled substance with intent to
sell or deliver, and possession of drug paraphernalia. As a Range I
standard offender, he received an effective sentence of five years in
the Tennessee Department of Correction. The trial court ordered him
to serve twelve months of the sentence in the county jail with the
balance served on probation. Swah pled guilty to simple possession of
a Schedule II controlled substance and possession of drug
paraphernalia. She received an effective sentence of eleven months
and twenty-nine days in the county jail. The trial court ordered her
to serve thirty days of the sentence in the county jail with the
balance served on probation.
URL:http://www.tba.org/tba_files/TCCA/herriman_opn.WP6
STATE OF TENNESSEE
vs.
NELSON JOSEPH LECLAIR
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
R. STEVEN WALDRON CHARLES W. BURSON
-and- Attorney General & Reporter
TERRY A. FANN
202 West Main St. KAREN M. YACUZZO
Murfreesboro, TN 37130 Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
WILLIAM WHITESELL
District Attorney General
PAUL A. HOLCOMBE, III
Asst. District Attorney General
Third Fl., Judicial Bldg.
Murfreesboro, TN 37130
Judge: PEAY
First Paragraph:
AFFIRMED
The defendant was indicted on September 5, 1995, for driving under the
influence (DUI), second offense, and driving on a revoked license.
The defendant pled guilty to DUI in exchange for the State's agreement
to dismiss the other charge. After a hearing, he was sentenced to
eleven months, twenty-nine days in accordance with T.C.A. S
55-10-403(a)(1). Forty-five days of his sentence were to be served in
the Rutherford County workhouse with the remainder to be served on
supervised probation. The defendant was fined six hundred dollars
($600) and had his driving privileges revoked for two years. Before
entering his guilty plea, the defendant, a Davidson County resident,
asked that he be able to serve his sentence in Davidson County rather
than in Rutherford County. The transfer was requested because the
defendant wanted to participate in Davidson County's work release
program. The trial court denied this request. It is from this denial
that the defendant now appeals.
URL:http://www.tba.org/tba_files/TCCA/leclairn_opn.WP6
STATE OF TENNESSEE
vs.
WILLIAM TERRY MARTIN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL D. RANDLES CHARLES W. BURSON
Public Defender Attorney General and Reporter
CURTIS H. GANN M. ALLISON THOMPSON
Assistant Public Defender Assistant Attorney General
P.O. Box 1119 450 James Robertson Parkway
Fayetteville, TN 37334 Nashville, TN 37243
MIKE McCOWN
District Attorney General
ROBERT CRIGLER
Assistant District Attorney General
Bedford County Courthouse
Shelbyville, TN 37160
Judge: WELLES
First Paragraph:
AFFIRMED
The Defendant brings this appeal pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure. He was convicted by a Bedford County
jury of vehicular homicide. He was sentenced as a Range I offender to
four years and nine months in the Bedford County Jail, seven years
probation and his license was suspended for seven years. He appeals
his conviction, raising two issues: (1) That the evidence was
insufficient to support a guilty verdict for vehicular homicide, in
particular, that he did not possess the requisite mens rea of
recklessness; and (2) that the trial court erred in refusing to grant
the Defendant's request for a special jury instruction.
URL:http://www.tba.org/tba_files/TCCA/martinw_opn.WP6
STATE OF TENNESSEE
vs.
MELVIN D. PRESTON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT S. PETERS CHARLES W. BURSON
100 First Ave., Southwest Attorney General & Reporter
Winchester, TN 37398
JANIS L. TURNER
Attorney for the State
450 James Robertson Pkwy.
Nashville, TN 37243-0493
J. MICHAEL TAYLOR
District Attorney General
STEVEN M. BLOUNT
Asst. District Attorney General
1 South Jefferson St.
Winchester, TN 37398
Judge: PEAY
First Paragraph:
AFFIRMED
The defendant was indicted in January 1995 of driving under the
influence (DUI), sixth offense, driving on a revoked license, sixth
offense, and violation of the habitual traffic offender law. After a
trial by jury, the defendant was convicted of driving under the
influence only. He received a sentence of eleven months, twenty-nine
days with all but one hundred twenty days suspended. The remainder of
the sentence was to be served on supervised probation. Additionally,
the defendant was fined fifteen hundred dollars ($1500) and his
driving privileges were revoked for ten years. In this appeal as of
right, the defendant alleges that the trial court erred by instructing
the jury on the "physical control" element of the DUI statute when the
indictment only charged the defendant with driving the vehicle rather
than being in physical control.
URL:http://www.tba.org/tba_files/TCCA/prestonm_opn.WP6
STATE OF TENNESSEE
vs.
GEORGE RHODES ROCHELLE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CURTIS H. GANN CHARLES W. BURSON
Asst. Public Defender Attorney General & Reporter
P.O. Box 1119
Fayetteville, TN 37334 EUGENE J. HONEA
(On appeal) Asst. Attorney General
450 James Robertson Pkwy.
JOHN DICKEY Nashville, TN 37243-0493
P.O. Box 1119
Fayetteville, TN 37334 W. MICHAEL MCCOWN
(At hearing) District Attorney General
WEAKLEY E. BARNARD
Asst. District Attorney General
Marshall County Courthouse
Lewisburg, TN 37091
Judge: PEAY
First Paragraph:
AFFIRMED
The defendant was indicted for aggravated sexual battery in violation
of T.C.A. S 39-13-504. He entered a best interest plea to the offense
of attempted aggravated sexual battery, a Class C felony. The
defendant agreed to a three year sentence as a part of the plea
agreement. At the sentencing hearing, the defendant asked for
alternative sentencing, but his request was denied. It is from this
denial that the defendant now appeals.
URL:http://www.tba.org/tba_files/TCCA/rochelle_opn.WP6
STATE OF TENNESSEE
vs.
SHANE WARREN WILSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
SHANE WARREN WILSON, pro se CHARLES W. BURSON
2045 Freeze Rd. Attorney General & Reporter
Morrison, TN 37357
EUGENE J. HONEA
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
WILLIAM M. LOCKE
District Attorney General
TOM MINER
Asst. District Attorney General
Court Square
McMinnville, TN 37110
Judge: PEAY
First Paragraph:
AFFIRMED
The defendant was indicted for driving without a license and violating
the vehicle registration law. A jury convicted him of these offenses.
After a hearing, he was sentenced to thirty days in county jail on
each offense, to be served concurrently, and fined a total of one
hundred dollars ($100). In this direct appeal, the defendant
complains that he was denied the right to counsel because his
appointed counsel refused to cooperate in his defense.
URL:http://www.tba.org/tba_files/TCCA/wilsonsw_opn.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: