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TBALink Opinion-Flash
February 13, 1997 -- Volume #3 -- Number #019
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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COLEMILL ENTERPRISES, INC. vs. JOE HUDDLESTON, COMM Court:TCA Judge: LEWIS First Paragraph: Both the appellant, Colemill Enterprises, Inc., and the appellee, Joe Huddleston, Commissioner, filed petitions to rehear this court's opinion filed 4 December 1996. Thereafter, this court entered an order giving each of the parties ten days within which to file their answers to the respective petitions to rehear. We have now received the answers to the petitions to rehear from both parties. URL:http://www.tba.org/tba_files/TCA/COLEMILL_ORD.WP6
THOMAS A. DRIBER, Ph.D.
vs.
PHYSICIANS HEALTH CARE, INC., PHC, INC., d/b/a MILESTONE HEALTH
SERVICES, Z-2 CORPORATION, and Z CORPORATION
Court:TCA
Attorneys:
J. P. Barfield of Nashville
For Appellant
Robert E. Boston of
Waller, Lansden, Dortch & Davis in Nashville
For Appellees
Judge: CRAWFORD
First Paragraph:
Plaintiff, Thomas J. Driber, Ph.D., appeals from the order of the
trial court granting summary judgment to the defendant. The case is
before this Court for the third time because of previous procedural
defects. Basically the case involves a suit for damages for the
alleged breach of an employment agreement and a counter-claim by
defendant to recover on a promissory note. DISMISSED IN PART,
AFFIRMED IN PART.
URL:http://www.tba.org/tba_files/TCA/DRIBER_OPN.WP6
TINA R. GUFFEY
vs.
WENCO OF SHELBYVILLE, INC. d/b/a WENDY'S RESTAURANT
Court:TCA
Attorneys:
Richard Demonbreun, Attorney
1000 Demonbreun St., Suite 220
P.O. Box 23826
Nashville, TN 37202-3826
ATTORNEY FOR PLAINTIFF/APPELLEE
Steven A. Dix, Attorney
Suite 201, Court Square Building
201 W. Main Street
Murfreesboro, TN 37130
ATTORNEY FOR DEFENDANTS/APPELLANTS
Judge: TODD
First Paragraph:
This is a "slip and fall case" in which the jury awarded $173,250, and
the defendant appealed. The only issue on appeal is whether, in
response to a post-judgment motion, the Trial Judge erred in declining
to allow defendant a credit for $45,268.92 for amounts previously paid
to or on behalf of plaintiff by defendant's liability insurance
carrier. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/GUFFEY_OPN.WP6
JOHNNY GLENN HILLIARD
vs.
MISTY LYNN HILLIARD and TERRY MINTON
Court:TCA
Attorneys:
James H. Bradberry,
BRADBERRY, CROWE & MacLEOD, Dresden, Tennessee
Attorney for Plaintiff/Appellant.
Langdon S. Unger, Jr., Martin, Tennessee
Attorney for Defendants/Appellees.
Judge: FARMER
First Paragraph:
Johnny Glenn Hilliard (Father) appeals from the order of the trial
court granting visitation rights to his son's maternal grandmother.
Father and Misty Lynn Hilliard (now Schrems) (Mother) married in 1992.
Alexander Glenn Hilliard (Alex) was born in May 1993. The parents
divorced in January, 1995 and temporary custody was awarded to Terry
Minton, the maternal grandmother. At that time, Mother was living
with her mother, Terry Minton. Mother currently resides in Florida
with her present husband. REMANDED.
URL:http://www.tba.org/tba_files/TCA/HILIARDM_OPN.WP6
JAMES P. MITCHELL
vs.
JAMES DAVENPORT, Commissioner of the Department
of Employment Security of the State of Tennessee; NOMA
OUTDOOR PRODUCTS, INC.
Court:TCA
Attorneys:
CONNIE WESTBROOK
THOMAS E. VORNBERGER
Memphis, Tennessee
Attorneys for Appellant
CHARLES W. BURSON
Attorney General & Reporter
KIMBERLY M. FRAYN
Pursuant to Rule 7 of the Rules
of the Supreme Court of Tennessee
JENNIFER HELTON SMALL
Deputy Attorney General
Nashville, Tennessee
Attorneys for Appellee, State of Tennessee
CARY SCHWIMMER
KAREN W. GROCHAU
KIESEWETTER WISE KAPLAN SCHWIMMER & PRATHER, PLC
Memphis, Tennessee
Attorneys for Appellee, Noma Outdoor Products, Inc.
Judge: HIGHERS
First Paragraph:
In this unemployment compensation case, James Mitchell ("Mitchell")
filed a claim for unemployment compensation with the Tennessee
Department of Employment Security ("TDES"). TDES approved Mitchell's
claim, and Mitchell's employer, NOMA Outdoor Products, Inc. ("NOMA"),
appealed TDES' claim approval. On appeal, the Appeals Tribunal ruled
that Mitchell was not eligible for unemployment benefits pursuant to
T.C.A. S 50-7-303(a)(2) due to work-connected misconduct and declared
that the $1,190.00 in unemployment benefits that Mitchell had
previously received was an overpayment. Mitchell thereafter requested
that TDES waive his $1,190.00 overpayment pursuant to T.C.A. S
50-7-303(d)(2). The Appeals Tribunal denied Mitchell's request for a
waiver of the overpayment, and Mitchell appealed the decision of the
Appeals Tribunal to the Board of Review. The Board of Review
adopted the findings of fact and decision of the Appeals Tribunal and
denied Mitchell's request for a waiver of the overpayment. Mitchell
thereafter filed a petition to rehear which was denied by the Board of
Review. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/MITCHELJ_OPN.WP6
JAMES T. MORRIS
vs.
BOARD OF EDUCATION OF THE
METROPOLITAN NASHVILLE PUBLIC SCHOOLS
Court:TCA
Judge: TODD
First Paragraph:
Plaintiff/appellee, James T. Morris, has filed a motion for
consideration of post judgmetn facts which this court has considered
and finds to be without merit. It is therefore ordered that the motion
be and the same is denied.
URL:http://www.tba.org/tba_files/TCA/MORRIS_ORD.WP6
E. SHARON SANFORD
vs.
METROPOLITAN GOVERNMENT OF NASHVILLE and DAVIDSON COUNTY; CORY
McCLELLAN individually, and in his official capacity; and CHARLES
STEVENS, individually, and in his official capacity
WITH ORDER
Court:TCA
Attorneys:
RICHARD W. MATTSON
Levine, Mattson, Orr & Geracioti
210 Third Avenue, North
P. O. Box 190683
Nashville, Tennessee 37219-0683
CINDY L. PORTER
5519 Hill Court
Nashville, Tennessee 37220
ATTORNEYS FOR PLAINTIFF/APPELLANT
JAMES L. CHARLES
Associate Metropolitan Attorney
Metropolitan Department of Law
204 Metropolitan Courthouse
Nashville, Tennessee 37201
E. JOSEPH FITZPATRICK, JR.
Suite 2828 Renaissance Tower
611 Commerce Street
Nashville, Tennessee 37203
ATTORNEYS FOR DEFENDANTS/APPELLEES
Judge: LEWIS
First Paragraph:
Plaintiff/appellant, E. Sharon Sanford, appeals numerous decisions
made by the Circuit Court for Davidson County. During the
proceedings, the court dismissed two defendants, dismissed Mrs.
Sanders' constitutional deprivation claim, and ordered
defendant/appellee, the Metropolitan Government of Nashville and
Davidson County ("Metro"), to pay twenty percent of Mrs. Sanders'
discretionary costs. In its final judgment, the court allocated the
fault between the parties. Mrs. Sander's contends that the court
erred in making each of these decisions. AFFIRMED IN PART, REVERSED IN
PART, AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/SANFORDM_OPN.WP6
URL:http://www.tba.org/tba_files/TCA/SANFORDM_ORD.WP6
WILLIAM THOMAS WINCHESTER
VS.
GLENDA RACHELLE WINCHESTER
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendant/Appellee:
Tim Edwards Michael L. Weinman
Memphis, Tennessee Henderson, Tennessee
Judge: LILLARD
First Paragraph:
This is a child custody case. The trial court awarded Appellant
William Thomas Winchester ("Husband") and Appellee Glenda Rachelle
Winchester ("Wife") joint custody of the minor child of the marriage,
which both parties appeal. We vacate the trial court's award of joint
custody and remand the case to the trial court to conduct further
findings of fact concerning each party's comparative fitness and to
award custody to either Husband or Wife. VACATED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/WINCHEST_OPN.WP6
LOUIS WILLIAM ALFORD
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
RICK G. MANSFIELD CHARLES W. BURSON
110 South Maple Street Attorney General and Reporter
Murfreesboro, TN 37388
LISA A. NAYLOR
Assistant Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
C. MICHAEL LAYNE
District Attorney General
P. O. Box 147
Manchester, TN 37355
Judge: RILEY
First Paragraph:
This is an appeal from the dismissal of appellant's petition seeking
post conviction relief. The sole issue is whether appellant was
deprived of effective assistance of counsel when he was convicted of
second degree murder. We concur with the trial court's finding that
appellant had effective assistance of counsel; therefore, we affirm
the dismissal of the petition for post-conviction relief. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/ALFORDLM_WPD.WP6
STATE OF TENNESSEE
vs.
BILLIE AUSTIN a/k/a BILLY AUSTIN
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
John E. Appman Charles W. Burson
P.O. Box 99 Attorney General & Reporter
Jamestown, TN 38556
Michael J. Fahey, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
William E. Gibson
District Attorney General
John Nisbet
Assistant District Attorney General
145 S. Jefferson St.
Cookeville, TN 38556
Judge: BYERS
First Paragraph:
The defendant was convicted of the following offenses and sentenced to
serve a term in the penitentiary as set out: Attempted first degree
murder - 25 years Attempted arson - 4 years Possession of a prohibited
weapon - 2 years Possession of a weapon with intent to employ it in
the commission of a felony - 2 years The defendant was sentenced
as a standard range I offender and each of the sentences was ordered
to be served concurrently with each for an effective sentence of 25
years. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/AUSTINBR_OPN.WP6
WILLIAM EDWARD BLAKE
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIAM EDWARD BLAKE CHARLES W. BURSON
Pro-Se Attorney General and Reporter
MCRCF Box 2000
Wartburg, TN 37887 EUGENE J. HONEA
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
RANDALL E. NICHOLS
District Attorney General
City-County Building
Knoxville, TN 37902
Judge: WELLES
First Paragraph:
This is an appeal pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure. The Defendant filed his third petition for
post-conviction relief on November 29, 1995. Shortly thereafter, the
trial court summarily dismissed the petition as barred by the statute
of limitations. It is from the order of dismissal that the Defendant
appeals. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/BLAKEWE_OPN.WP6
STATE OF TENNESSEE
vs.
WILLIE LEE BOBO
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
William W. Nowlin Charles W. Burson
Attorney at Law Attorney General & Reporter
100 N Main Building
Memphis, TN 38103 John P. Cauley
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General (Present)
John W. Pierotti
District Attorney General (Former)
Terrell L. Harris
Asst. Dist. Attorney General
201 Poplar - Third Floor
Memphis, TN 38103
Judge: SUMMERS
First Paragraph:
The appellant, Willie Lee Bobo, was convicted by a jury of DUI and
carrying a pistol. He made a motion for new trial. The trial court
denied the motion. The sole issue raised on appeal is whether the
trial court correctly exercised its role as thirteenth juror in
sustaining his conviction. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/BOBOWIL_OPN.WP6
STATE OF TENNESSEE
vs.
JOHN HAWS BURRELL
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Billy P. Sams Charles W. Burson
Attorney Attorney General & Reporter
122-A Jefferson Court
Oak Ridge, TN 37830 Eugene J. Honea
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Jan Hicks
Assistant District Attorney General
Anderson County Courthouse
Clinton, TN 37716
Judge: WADE
First Paragraph:
The defendant, John Haws Burrell, was convicted of twelve counts of
sexual battery, three counts of rape, and two counts of coercion of a
witness. The trial court imposed Range I sentences of one year for
each of the sexual battery convictions, nine years for each of the
rape convictions, and three years for each of the convictions for
coercion of a witness. The trial court imposed partial consecutive
sentencing. We calculate the effective sentence at 24 years.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BURRELLJ_OPN.WP6
DOYLE CARTER
vs.
STATE OF TENNESSEE
WITH CONCURRING OPINION
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DOYLE CARTER, pro se CHARLES W. BURSON
Regional Correctional FA Attorney General & Reporter
Route 4, Box 600
Pikeville, TN 37367 LISA A. NAYLOR
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
VICTOR S. JOHNSON, III
District Attorney General
CHERYL BLACKBURN
Deputy District Attorney General
Washington Square, Suite 500
222-2nd Avenue, N.
Nashville, TN 37201-1649
Judge: RILEY
First Paragraph:
Petitioner is serving a sentence for second degree murder. He seeks
post conviction relief alleging ineffective assistance of counsel and
an unconstitutional jury charge defining "reasonable doubt." The
trial court dismissed the petition without a hearing finding that the
petition was barred by the statute of limitations. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/CARTERD_OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/CARTERD_CON.WP6
STATE OF TENNESSEE
VS.
RANDY EUGENE FAUBION
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Brandt W. Davis Charles W. Burson
Attorney at Law Attorney General & Reporter
1707 Cove Creek Lane, Suite 2 500 Charlotte Avenue
Knoxville, TN 37919 Nashville, TN 37243-0497
Darian B. Taylor
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
City-County Building
404 Main Avenue
Knoxville, TN 37902
William H. Crabtree
Asst District Attorney General
City-County Building
404 Main Avenue
Knoxville, TN 37902
Judge: Jones
First Paragraph:
Petitioner is serving a sentence for second degree murder. He seeks
post conviction relief alleging ineffective assistance of counsel and
an unconstitutional jury charge defining "reasonable doubt." The
trial court dismissed the petition without a hearing finding that the
petition was barred by the statute of limitations.
URL:http://www.tba.org/tba_files/TCCA/FAUBION_OPN.WP6
STATE OF TENNESSEE
VS.
ALLAN M. FYFE, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Mark L. Pittman Charles W. Burson
Attorney at Law Attorney General & Reporter
295 Washington #2
Memphis, TN 38103 Peter M. Coughlan
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General (Present)
John W. Pierotti
District Attorney General (Former)
Karen Cook
Asst. Dist. Attorney General
Criminal Justice Complex, Suite 301
201 Poplar
Memphis, TN 38103
Judge: SUMMERS
First Paragraph:
The appellant, Allan Fyfe, Jr., was convicted by a jury of driving
under the influence and reckless driving. He raises two issues on
appeal: (1) whether the evidence was sufficient to convict; and (2)
whether the trial court erred in failing to admit a witness'
testimony. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/FYFEA_OPN.WP6
JOHN WESLEY GOSS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Herbert S. Moncier Charles W. Burson
775 Nations Bank Center Attorney General of Tennessee
550 Main Avenue and
Knoxville, TN 37902 Hunt S. Brown
(AT TRIAL & ON APPEAL Assist Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
David S. Wigler
775 Nations Bank Center Randall E. Nichols
550 Main Avenue District Attorney General
Knoxville, TN 37902 and
(ON APPEAL) Andrew Jackson
Assistant District Attorney General
City-County Building
Knoxville, TN 37902
Judge: Tipton
First Paragraph:
The petitioner, John Wesley Goss, appeals as of right from the denial
of his petition for post-conviction relief by the Criminal Court for
Knox County. He was originally convicted in February 1994, upon his
guilty pleas pursuant to an agreement, of three counts of simple
possession of controlled substances, and he received three consecutive
eleven months and twenty-nine days sentences to be served on
probation. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/GOSSJW_OPN.WP6
DOYLE LEE HAMM
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Paul Morrow Charles W. Burson
Attorney at Law Attorney General & Reporter
1505 Compton Avenue
Nashville, TN 37212-4505 Darian B. Taylor
Assistant Attorney General
Bernard Harcourt (Pro hac vice) Criminal Justice Division
Attorney at Law 450 James Robertson Parkway
107 Holden Green Nashville, TN 37243-0493
Cambridge, MA 02138
T. Michael Bottoms
District Attorney General
James G. White II
Asst. Dist. Attorney General
P.O. Box 459
Lawrenceburg, TN 38464
Judge: SUMMERS
First Paragraph:
The appellant, Doyle Lee Hamm, was indicted in 1977 for: burglary;
three counts of first degree burglary; two counts of armed robbery;
second degree burglary; grand larceny; carrying a deadly weapon; and
larceny. Pursuant to a negotiated plea, he pled guilty to two counts
of simple robbery in 1978. He was sentenced to five years on each
count. Both sentences have been fully served. In 1992, the appellant
petitioned for post-conviction relief. The trial court dismissed the
petition as untimely. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/HAMM_OPN.WP6
STATE OF TENNESSEE
vs.
FLOYD LEON HYATTE
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Nathan Brooks Charles W. Burson
615 Lindsey Street Attorney General and Reporter
Chattanooga, Tennessee 37402 450 James Robertson Parkway
Nashville, TN 37243-0493
Robin L. Harris
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243-0493
J. Michael Taylor
District Attorney General
265 Third Avenue
Dayton, Tennessee 37321
James W. Pope, III
Assistant District Attorney General
265 Third Avenue
Dayton, Tennessee 37321
Judge: Barker
First Paragraph:
The Appellant, Floyd Leon Hyatte, appeals as of right his conviction
of first degree murder. He was sentenced to life in prison. The
arguments presented on appeal are: (1) The Appellant's Fifth
Amendment right against self-incrimination was violated when, during
jury deliberations, the foreman of the jury commented that the
appellant would have testified on his own behalf if he had not been
guilty. (2) The State suppressed exculpatory evidence when it
caused or permitted the victim's jacket to be destroyed. (3) The
Appellant was convicted solely on uncorroborated accomplice testimony.
After reviewing the record on appeal, we find no reversible error and,
therefore, affirm the trial court's judgment.
URL:http://www.tba.org/tba_files/TCCA/HYATTEFL_TN.WP6
STATE OF TENNESSEE
vs.
JIMMY LEE JONES
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Nathan Brooks Charles W. Burson
615 Lindsey Street Attorney General and Reporter
Chattanooga, Tennessee 37402 450 James Robertson Parkway
Nashville, Tennessee 37243-0493
Robin L. Harris
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243-0493
J. Michael Taylor
District Attorney General
265 Third Avenue
Dayton, Tennessee 37321
James W. Pope, III
Assistant District Attorney General
265 Third Avenue
Dayton, Tennessee 37321
Judge: Barker
First Paragraph:
Appellant, Jimmy Lee Jones, appeals as of right his convictions in the
Davidson County Criminal Court of two counts of aggravated child
abuse. He received the minimum sentence of eight years on each
offense as a Range I standard offender. The sentences were ordered to
run concurrently.
URL:http://www.tba.org/tba_files/TCCA/JONESJL_OPN.WP6
TOMMY L. KING
vs.
STATE OF TENNESSEE
WITH CONCURRING OPINION
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Shara Ann Flacy Charles W. Burson
District Public Defender Attorney General & Reporter
Daniel J. Runde John P. Cauley
Assistant Public Defender Assistant Attorney General
P.O. Box 1208 450 James Robertson Parkway
Pulaski, TN 38478 Nashville, TN 37243-0493
Robert D. Massey T. Michael Bottoms
Attorney at Law District Attorney General
P.O. Box 409 P.O. Box 459
Pulaski, TN 38478 Lawrenceburg, TN 38464
Judge: SUMMERS
First Paragraph:
The appellant, Tommy L. King, was indicted for felony murder, first
degree murder, and armed robbery. He was convicted of felony murder
and sentenced to death. The Tennessee Supreme Court affirmed his
conviction and sentence. The appellant's first post-conviction relief
petition was denied. The appellant filed a second petition for
post-conviction relief. The trial court denied relief and dismissed
the petition. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/KINGTL_OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/KINGTL_CON.WP6
STATE OF TENNESSEE
vs.
LYNDA GAYLE KIRKLAND
Court:TCCA
Attorneys:
For the Appellee: For the Appellant:
James A. H. Bell Charles W. Burson
Jackson L. Case, IV Attorney General and Reporter
110 W. Summit Hill Drive
Knoxville, TN 37902 Elizabeth T. Ryan
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
Jeff Blevins
Asst. District Attorney General
City-County Building
Knoxville, TN 37902
Judge: Hayes
First Paragraph:
The appellee, Lynda Gayle Kirkland, pled guilty in the Knox County
Criminal Court to theft of property over $60,000 and to computer fraud
over $60,000, both class B felonies. Following the sentencing
hearing, the trial court imposed concurrent eight year sentences for
each conviction with all time suspended except for nine months which
were ordered to be served in the Knox County Penal Farm at one hundred
percent. Additionally, the appellee was placed on supervised
probation with various conditions for a period of twelve years,
including payment of restitution in the amount of $202,096.75.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/KIRKLAND_OPN.WP6
STATE OF TENNESSEE
vs.
ROY MCCAMEY
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Stacy L. Street Charles W. Burson
Attorney for Appellant Attorney General and Reporter
Hampton & Street
630 Elk Avenue Darian B. Taylor
Elizabethton, TN 37643 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
David E. Crockett
District Attorney General
Steven R. Finney
Asst. District Attorney General
Courthouse Annex
Elizabethton, TN 37243
Judge: Hayes
First Paragraph:
The appellant, Roy McCamey, appeals the judgment entered by the Carter
County Criminal Court approving a jury verdict finding the appellant
guilty of possession of contraband in a penal facility. Tenn. Code
Ann. S 39-16-201 (1991). The appellant submits two issues for our
review: first, whether his conviction, which was based upon "aiding
and abetting the possession of contraband of another," can stand when
the only action on his part occurred after the crime of possession of
contraband in a penal facility had been completed; second, whether the
trial court erred in denying the appellant's request for a special
jury charge defining the term "possession." REVERSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCCA/MCCAMEY_OPN.WP6
STEVE MOSLEY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
D. NATHANIEL SPENCER CHARLES W. BURSON
P. O. Box 865, Attorney General and Reporter
28 S. Washington
Brownsville, TN 38012
DARIAN B. TAYLOR
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
DAN ALSOBROOKS
District Attorney General
SUZANNE M. LOCKERT
Assistant District Attorney
105 Sycamore Street
Ashland City, TN 37015
Judge: SMITH
First Paragraph:
Appellant Steve Mosley appeals from the denial of his petition for
post conviction relief. Appellant was convicted by a jury of two
counts of selling cocaine, one count of conspiracy to distribute
cocaine, and one count of misdemeanor possession of cocaine. He was
sentenced as a Range II offender to a total of twenty-four years
incarceration. On September 9, 1993, this Court affirmed Appellant's
conviction. State v. Mosley, No. 01C01-9211 CC-00345, 1993 WL 345542,
at *8 (Tenn. Crim. App. Sept. 9, 1993), perm. to app. den., (Tenn.
1994). On February 28, 1995, Appellant filed a pro se petition for
post-conviction relief alleging ineffective assistance of counsel and
other issues not raised in this appeal. Counsel was appointed and an
evidentiary hearing held. The post-conviction court dismissed the
petition on May 23, 1995. For the reasons discussed below, we reject
Appellant's claims and affirm the decision of the post-conviction
court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/MOSLEY_OPN.WP6
ERIC C. PENDLETON
vs.
STATE OF TENNESSEE
WITH CONCURRING OPINION
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
ERIC C. PENDLETON, pro se CHARLES W. BURSON
R.M.S.I. Attorney General and Reporter
7475 Cockrill Bend
Industrial Road EUGENE J. HONEA
Nashville, TN 37209-1010 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
VICTOR S. JOHNSON, III
District Attorney General
ROGER D. MOORE
Asst. District Attorney General
Washington Square, Suite 500
222 Second Avenue, N.
Nashville, TN 37201-1649
Judge: RILEY
First Paragraph:
The petitioner, Eric C. Pendleton, appeals the order of the Criminal
Court of Davidson County dismissing his petition for a writ of habeas
corpus. He was sentenced in July 1987 to serve a life sentence plus
six (6) years for first degree murder and aggravated assault. Because
the trial court found that the petitioner was in the lawful custody of
the Tennessee Department of Correction, the court dismissed the writ
without a hearing. The trial court also treated the petition as one
for post-conviction relief and found it was time-barred by the
three-year statute of limitations. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/PENDLETO_OP2.WP6
URL:http://www.tba.org/tba_files/TCCA/PENDLETO_CON.WP6
STATE OF TENNESSEE
vs.
BENNY SLUDER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Walter B. Johnson, II Charles W. Burson
Assistant Public Defender Attorney General & Reporter
P.O. Box 334 500 Charlotte Avenue
Harriman, TN 37748 Nashville, TN 37243-0497
OF COUNSEL: Eugene J. Honea
Assistant Attorney General
Joe H. Walker 450 James Robertson Parkway
District Public Defender Nashville, TN 37243-0493
P.O. Box 334
Harriman, TN 37748 Charles E. Hawk
District Attorney General
P.O. Box 703
Kingston, TN 37763
Frank A. Harvey
Assistant District Attorney General
P.O. Box 703
Kingston, TN 37763
Judge: Jones
First Paragraph:
The issue this Court must resolve is whether the appellant, Benny
Sluder, is entitled to maintain this appeal after he failed to comply
with the requirements of Rule 37(b)(2), Tennessee Rules of Criminal
Procedure and State v. Preston, 759 S.W.2d 647 (Tenn. 1988) until
approximately eight (8) months after the entry of the judgment. After
a thorough review of the record, the briefs of the parties, and the
authorities which govern this issue, it is the opinion of this Court
the appellant's appeal must be dismissed.
URL:http://www.tba.org/tba_files/TCCA/SLUDER_OPN.WP6
STATE OF TENNESSEE
vs.
BILLY JOE SMITH
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
William B. Lawson Charles W. Burson
112 Gay Street Attorney General & Reporter
P. O. Box 16 500 Charlotte Avenue
Erwin, TN 37650 Nashville, TN 37243-0497
Eugene J. Honea
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
David E. Crockett
District Attorney General
Route 19, Box 99
Johnson City, TN 37601
Lisa D. Nidiffer
Assistant District Attorney General
Unicoi County Courthouse
Erwin, TN 37650
Steven R. Finney
Assistant District Attorney General
Carter County Courthouse Annex
Elizabethton, TN 37643
Judge: Jones
First Paragraph:
The appellant, Billy Joe Smith, was convicted of two counts of
aggravated rape, a Class A felony, aiding and abetting aggravated
rape, a Class A felony, aggravated kidnapping, a Class B felony, and
aggravated robbery, a Class B felony, by a jury of his peers. The
trial court found that the appellant was a persistent offender.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/SMITHBJ2_OPN.WP6
JOHNNY TILLMAN
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Douglas A. Trant Charles W. Burson
900 S. Gay St. Attorney General and Reporter
Suite 1502
Knoxville, TN 37902
Eugene Honea
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
P.O. Box 1468
Knoxville, TN 37901-1468
Judge: Barker
First Paragraph:
The appellant, Johnny Tillman, appeals the dismissal of his
post-conviction petition filed in the Criminal Court of Knox County.
The trial court summarily dismissed appellant's petition because it
was filed outside the applicable statute of limitations. Finding no
error in the trial court's ruling, we affirm the dismissal of the
petition.
URL:http://www.tba.org/tba_files/TCCA/TILLMAN_OPN.WP6
STATE OF TENNESSEE
vs.
JEFFERY WALTERS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Barton E. Kelly Charles W. Burson
Attorney at Law Attorney General & Reporter
102 West 7th Street
P.O. Box 692 William David Bridgers
Columbia, TN 38402-0692 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Joseph D. Baugh
District Attorney General
Mark L. Puryear, III
Asst. Dist. Attorney General
P.O. Box 937
Franklin, TN 37065-0937
Judge: SUMMERS
First Paragraph:
The appellant, Jeffery Walters, was indicted on one count of filing a
false police report, two counts of filing fraudulent insurance claims,
one count of conspiracy to file false insurance claims, and one count
of destroying a manufacturer's vehicle identification number. The
appellant sought pretrial diversion, which was denied by the district
attorney general. The appellant sought review of the denial, and the
trial judge affirmed the action of the district attorney general. The
appellant sought and received an interlocutory appeal by permission of
the trial court pursuant to Rule 9, Tenn. R. App. P. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/WALTERS_OPN.WP6
JOHNNY WARD
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Geoffrey Coston Charles W. Burson
Attorney at Law Attorney General & Reporter
2813 West End Avenue
Nashville, TN 37203 M. Allison Thompson
Counsel for the State
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. (Torry) Johnson III
District Attorney General
Mary Hausman
Asst. Dist. Attorney General
Washington Square, Suite 500
222-2nd Avenue North
Nashville, TN 37201-1649
Judge: SUMMERS
First Paragraph:
The appellant, Johnny Ward, was convicted by a jury of second degree
murder. His conviction was affirmed on appeal. He filed for
post-conviction relief alleging ineffective assistance of counsel.
The trial court conducted an evidentiary hearing and denied the
appellant relief. Upon review, we affirm.
URL:http://www.tba.org/tba_files/TCCA/WARD_OPN.WP6
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