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TBALink Opinion-Flash
February 28, 1997 -- Volume #3 -- Number #026
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
- 04-New Opinions From TSC-Workers Comp Panel
- 10-New Opinions From TCA
- 23-New Opinions From TCCA
- 00-New Opinions From TSC
There are three ways to get the full opinion from the Web: (TBALink members only)
- 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
HUBERT M. HURD vs. GENERAL SHALE PRODUCTS CORPORATION and CNA INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellants: For the Appellee: Michael J. Mollenhour J. Anthony Farmer P.O. Box 9799 P.O. Box 709 Knoxville, TN 37940 Knoxville, TN 37901 Judge: THAYER First Paragraph: Defendants, General Shale Products Corporation and CNA Insurance Company, have appealed from the action of the trial court in awarding plaintiff, Hubert M. Hurd, 30% permanent partial disability benefits to the body as a whole. The only issue on appeal is whether the evidence preponderates against the award of benefits. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/HURD_WC.WP6
LUMBERMEN'S MUTUAL CASUALTY COMPANY
vs.
YOLANDA GUERRERO
Court:TSC - Workers Comp Panel
Attorneys:
FOR APPELLANT: FOR APPELLEE:
JOHN R. LEWIS PETER N. OLSON
Suite 1900, Nationsbank Plaza 114 Franklin Street
414 Union Street Clarksville, TN 37040
Judge: RUSSELL
First Paragraph:
Yolanda Guerrero worked for Quebecor Printing, Inc. Both the
employer's business and the employee's residence were in Montgomery
County; and it was in that county on September 19, 1995, that the
employee reported an injury while at work there. AFFIRMED.
URL:http://www.tba.org/tba_files/TSC_WCP/lumber_opn.WP6
BOBBY L. MARLOWE
vs.
VULCAN MATERIALS COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellants For the Appellee:
Julia S. Howard Sherry Brashear
Hodges, Doughty & Carson William O. Shults
617 Main Street 103 North First Street
Knoxvillle, Tenn. 37902 Suite 211
P.O. Box 1626
Harlan, Kentucky 40831
Judge: THAYER
First Paragraph:
The appeal has resulted from a finding by the trial court that
plaintiff, Bobby L. Marlowe, was entitled to 100% disability benefits
due to contracting an occupational disease while in the employment of
his employer, defendant Vulcan Materials Company. MODIFIED AND
AFFIRMED.
URL:http://www.tba.org/tba_files/TSC_WCP/MARLOWE_OPN.WP6
GLORIA PERKINS
vs.
WHIRLPOOL CORPORATION
Court:TSC - Workers Comp Panel
Attorneys:
FOR APPELLANT: FOR APPELLEE:
DAVID T. HOOPER R. STEVEN WALDRON
109 Westpark Drive, Suite 410 202 West Main Street
Brentwood, TN 37027 Murfreesboro, TN 37130
Nashville, TN 37219-1782
Judge: RUSSELL
First Paragraph:
Gloria Perkins began working for the defendant in its manufacturing
plant in 1985. In 1993 she was elected to work as a group leader.
This required her to see that the workers in her group were timely
supplied with parts, and she also personally substituted for workers
who had to temporarily leave their jobs to go to a rest room or first
aid station. AFFIRMED.
URL:http://www.tba.org/tba_files/TSC_WCP/perkinsg_opn.WP6
JOEL FRANK BOOKOUT
vs.
PAMELA WILLIAMS BOOKOUT
Court:TCA
Attorneys:
RICHARD A. SCHULMAN, Spears, Moore, Rebman & Williams, Chattanooga for
Appellant.
MICHAEL R. CAMPBELL, Campbell & Campbell, Chattanooga, for Appellee.
Judge: McMurray
First Paragraph:
This is an appeal from the trial court's judgment in a divorce action.
The plaintiff (husband) filed the original action and the defendant
(wife) filed a counterclaim. The trial court entered judgment
granting the wife a divorce, establishing child support, granting
custody of the children to the wife, setting visitation privileges for
the husband, and dividing the marital estate. MODIFIED IN PART,
AFFIRMED AS MODIFIED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/BOOKOUT_OPN.WP6
KENNETH CARL BROOKS
vs.
RAMONA E. BROOKS
Court:TCA
Attorneys:
CHARLES W. BURSON
Attorney General & Reporter
KIMBERLY M. FRAYN
JENNIFER HELTON SMALL
404 James Robertson Parkway Suite 1501
Nashville, Tennessee 37243-0499
ATTORNEYS FOR PLAINTIFF/APPELLEE
BRIAN K. FRAZIER
Neal & Harwell
2000 First Union Tower
Nashville, Tennessee 37219-2498
ATTORNEY FOR DEFENDANT/APPELLANT
Judge: CRAWFORD
First Paragraph:
This appeal involves a post-divorce proceeding between petitioner,
Kenneth Carl Brooks (hereinafter Husband) and respondent, Ramona E.
Brooks (hereinafter Wife). Husband appeals from the order of the
trial court establishing arrearage in ld support payments and
modifying the amount of the previously ordered child support. Husband
filed a " Petition for Specific Visitation, and Modification of Child
Support." Wife filed a detailed response to the petition and also
filed a counter-petition for contempt in which she alleged that
Husband was in arrears in payment of the ordered child support
payments and in payment of an award of alimony in solido. Husband
filed an answer to the counter-claim for contempt and joined issue on
the allegations therein. VACATED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/BROOKSVB_OPN.WP6
LUTHER DAVIS
vs.
JIM ROSE, Assistant Commissioner of Correction; KEVIN MYERS,
Warden; and RUSTY HARVILLE, Disciplinary Board Chairman
Court:TCA
Attorneys:
LUTHER DAVIS
CCA-SCCF
P. O. Box 279
Clifton, Tennessee 38425-0279
Pro Se/Petitioner/Appellant
CHARLES W. BURSON
Attorney General and Reporter
ABIGAIL TURNER
Assistant Attorney General
2nd Floor, Cordell Hull Building
426 Fifth Avenue North
Nashville, Tennessee 37243
Attorney for Respondent/Appellee Jim Rose
TOM ANDERSON
FRANKIE K. STANFILL
P. O. Box 900
Lexington, Tennessee 38351
Attorneys for Respondents/Appellees
Kevin Myers and Rusty Harville
Judge: CANTRELL
First Paragraph:
An inmate in a prison operated by Corrections Corporation of America
was disciplined for allegedly stealing four sausage patties. He filed
a petition for Writ of Certiorari with the chancery court, claiming
that the disciplinary proceedings were defective for several reasons,
including a delegation of disciplinary responsibilities to a private
corporation, in violation of Tennessee law. The trial court dismissed
the petition for untimeliness. We affirm the dismissal, but on the
alternate ground of failure to state a claim upon which relief can be
granted. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/DAVISL_OPN.WP6
STATE OF TENNESSEE, DEPARTMENT OF HUMAN SERVICES,
ASSIGNEE OF: JUDY STANLEY
vs.
JOHN FRANKLIN HOOPER
Court:TCA
Attorneys:
CHARLES W. BURSON
Attorney General & Reporter
KIMBERLY M. FRAYN
JENNIFER HELTON SMALL
404 James Robertson Parkway Suite 1501
Nashville, Tennessee 37243-0499
ATTORNEYS FOR PLAINTIFF/APPELLEE
BRIAN K. FRAZIER
Neal & Harwell
2000 First Union Tower
Nashville, Tennessee 37219-2498
ATTORNEY FOR DEFENDANT/APPELLANT
Judge: LEWIS
First Paragraph:
This appeal involves the application and constitutionality of
Tennessee's law creating a conclusive presumption of paternity when a
DNA test shows the statistical probability of paternity is ninety-nine
percent (99%) or greater. The Dickson County Circuit Court held that
Tennessee Code Annotated section 24-7 112(b)(2)(B) is constitutional.
Since there was no dispute as to any material fact, the court held
that the State was entitled to summary judgment establishing the
defendant's paternity as a matter of law. In addition, the court
ordered the defendant to make weekly payments for the care and
maintenance of the child as well as for back child support dating from
the time of the child's birth. We find that the conclusive
presumption of section 24-7-112(b)(2)(B) violates the Due Process
Clause of the Fourteenth Amendment and, therefore, we reverse the
decision of the trial court. REVERSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/HOOPER2_OPN.WP6
CHRISTINA RENEE KLINDT
vs.
JOHN MICHAEL ROSS KLINDT
Court:TCA
Attorneys:
CHRISTINA RENEE KLINDT, Pro Se
6001 Old Hickory Boulevard
Apt. # 224
Hermitage, Tennessee 37076
LARRY HAYES, JR.
Boult, Cummings, Conners & Berry
414 Union Street, Suite 1600
P. O. Box 198062
Nashville, Tennessee 37219
ATTORNEY FOR RESPONDENT/APPELLANT
Judge: LEWIS
First Paragraph:
The sole issue in this child custody matter is whether the Chancery
Court for Wilson County had jurisdiction to modify the custody
provisions of a divorce decree entered by the Circuit Court for
Harrison County, Missouri. DISMISSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/KLINDT_OPN.WP6
STATE OF TENNESSEE DEPARTMENT OF HUMAN SERVICES
vs.
KAREN SUE JACKSON PURCELL, INMATE #205033 TENNESSEE STATE WOMEN'S
PRISON, NASHVILLE, TENNESSEE
Court:TCA
Attorneys:
THOMAS H. BILBREY, Lafayette, for Appellant.
CHARLES W. BURSON, Attorney General and Reporter and WILLIAM ASHBY
SMITH, JR., Assistant Attorney General, Nashville, for Appellee.
Judge: McMurray
First Paragraph:
This is an appeal from the judgment of the trial court that terminated
the parental rights of the appellant, Karen Sue Jackson Purcell
(mother). AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/PURCELL_OPN.WP6
J. HAROLD SHANKLE
vs.
THE BEDFORD COUNTY BOARD OF EDUCATION, THE BEDFORD COUNTY BOARD OF
COMMISSIONERS, THE PUBLIC BUILDING AUTHORITY OF BEDFORD COUNTY, and
THE SCHOOL COMPANY
Court:TCA
Attorneys:
GREGORY L. CASHION
JOHN W. HEACOCK AUBREY B. HARWELL, JR.
Manier, Herod, Hollabaugh Neal & Harwell
& Smith 2000 First Union Tower
150 fourth Avenue North, Suite 2200 150 Fourth Avenue North
Nashville, Tennessee 37219 Nashville, Tennessee 37219
ATTORNEYS FOR PLAINTIFF/APPELLANT
JOHN T. BOBO HARRIS A. GILBERT
Bobo, Hunt & Bobo CHARLES W. BONE
202 First national Bank Building KEITH C. DENNEN
P. O. Box 169 Wyatt, Tarrant & Combs
Shelbyville, Tennessee 37160-0169 1500 Nashville City Center
ATTORNEY FOR THE COUNTY 511 Union Street
COMMISSION OF BEDFORD COUNTY, Nashville, Tennessee 37219
TENNESSEE, THE BOARD OF EDUCATION
OF BEDFORD COUNTY, TENNESSEE and ATTORNEYS FOR THE SCHOOL
THE PUBLIC BUILDING AUTHORITY OF COMPANY, L.L.C.
BEDFORD COUNTY, TENNESSEE
Judge: LEWIS
First Paragraph:
This is an appeal by plaintiff/appellant, J. Harold Shankle Company,
Inc., from the decision of the Bedford County Chancery Court granting
defendants/ appellees' motion for summary judgment. The case involved
the construction and application of the Public Building Authority Act
of 1971 ("the Act"), Tennessee Code Annotated sections 12-10-101 to
12-101-124. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/SHANKLE_OPN.WP6
FRANK SMITH
vs.
STONEY C. DUNCAN
Court:TCA
Attorneys:
For the Plaintiff/Appellee: For the Defendant/Appellant:
Michael A. Walker John E. Appman
Jamestown, Tennessee Jamestown, Tennessee
Judge: KOCH
First Paragraph:
This appeal involves the compensation of three deputy clerks employed
by the clerk of the Circuit Court for Fentress County. In response to
a petition filed pursuant to Tenn. Code Ann. S 8-20-101 (1993), the
Circuit Court for Fentress County entered an order on October 12,
1995, raising the annual salary of the three deputy clerks to
$17,665.00 effective July 1, 1995. The Fentress County executive
takes issue on this appeal with the evidentiary foundation of the
trial court's opinion. We have determined that the trial court's
decision should be affirmed as modified in accordance with Tenn. Ct.
App. R. 10(b). AFFIRMED AS MODIFIED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/SMITHVD_OPN.WP6
THE TENNESSEAN, a division of Gannett Satellite Information Network,
Inc., and FRANK SUTHERLAND
vs.
ELECTRIC POWER BOARD OF NASHVILLE
Court:TCA
Attorneys:
ALFRED H. KNIGHT
WILLIS & KNIGHT
215 Second Avenue, North
Nashville, Tennessee 37201
Attorney for Plaintiffs/Defendants
LARRY STEWART
HENRY D. FINCHER
424 Church Street, Ste. 2800
Nashville, Tennessee 37219
EUGENE WARD
N.E.S. General Counsel
1214 Church Street
Nashville, Tennessee 37203
Attorneys for Defendant/Appellee
FRANK S. KING, JR.
KING & BALLOW
1200 Noel Place
200 Fourth Avenue North
Nashville, Tennessee 37219
Attorney for Tennessee Municipal Electric Power Association
Judge: CANTRELL
First Paragraph:
This case arose out of the efforts of a Nashville newspaper, the
Tennessean, to obtain from the Electric Power Board of Nashville the
names, addresses, and telephone numbers of all Nashville Electric
Service (NES) customers pursuant to the Tennessee Public Records Act.
See Tenn. Code Ann. S 10-7-101 to 10-7-606 (1992 & Supp. 1996). The
Chancery Court of Davidson County held that the information sought by
the Tennessean was a public record and thus must be provided.
However, the trial court concluded that NES had the right to charge
the Tennessean $91,619.00 for the costs of producing this information
and of notifying its customers of the Tennessean's request. AFFIRMED
IN PART; REVERSED IN PART; AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/TENNESSE_OPN.WP6
DAVID NEAL THOMAS and BRENDA THOMAS
vs.
MICHAEL S. CROCKETT and WILLIAM T. CROCKETT
and
AUTO OWNERS INSURANCE COMPANY
Court:TCA
Attorneys:
J. MITCHELL GRISSIM, JR.
THOMAS M. HORNE
Mitch Grissim & Associates
325 Union Street
Nashville, Tennessee 37201
ATTORNEYS FOR DAVID NEAL THOMAS
JAMES D. KAY, JR.
BRIDGETT A. WOHLPART
Suite 340M, Washington Square Two
222 Second Avenue North
Nashville, Tennessee 37201
ATTORNEYS FOR AUTO OWNERS
Judge: LEWIS
First Paragraph:
This is an appeal by unnamed defendant/appellant, Auto Owners
Insurance Company ("Auto Owners"), the uninsured/underinsured carrier
of plaintiff/appellee, David Neal Thomas, from the decision of the
trial court which suggested an additur of $12,500.00 to the judgment
of $50,000.00 received by Mr. Thomas. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/THOMASX_OPN.WP6
STATE OF TENNESSEE
vs.
SOLOMON AKINS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
G. STEPHEN DAVIS CHARLES W. BURSON
District Public Defender Attorney General and Reporter
208 N. Mill Avenue
Dyersburg, TN 38025-0742 CLINTON J. MORGAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
PHILLIP BIVENS
District Attorney General
JAMES E. LANIER
Assistant District Attorney
115 E. Market
Dyersburg, TN 38024
Judge: SMITH
First Paragraph:
This is an appeal as of right pursuant to Tenn. R. App. P. 3. On
January 26, 1995, Appellant was convicted by a jury of five counts of
selling less than .5 grams of cocaine. As a Range II offender,
Appellant received a sentence of eight years and six months for each
count. All five of these sentences were concurrent to each other, but
consecutive to two previous convictions he was serving on probation.
In this appeal Appellant alleges the evidence is insufficient to
support the verdicts, and that his sentence is excessive. Having
reviewed the record in this matter we are of the opinion that the
convictions and sentence are fully supported by the law and evidence
and that this matter should be affirmed pursuant to Rule 20, Rules of
the Court of Criminal Appeals. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/AKINSSOL_ORD.WP6
STATE OF TENNESSEE
vs.
GAIL HANELINE BARNES
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Christine Zellar Church Charles W. Burson
Post Office Box 624 Attorney General and Reporter
Clarksville, TN 37040-0624
Christina S. Shevalier
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Dan Mitchum Alsobrooks
District Attorney General
Robert S. Wilson
Asst. District Attorney General
Post Office Box 580
Charlotte, Tn 37036
Judge: Hayes
First Paragraph:
The appellant, Gail Haneline Barnes, was found guilty by the Dickson
County Circuit Court of aggravated assault, a class C felony. She was
sentenced, as a range I offender, to serve five years in the
Department of Correction. The appellant now appeals her conviction.
REVERSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCCA/BARNESGH_OPN.WP6
JEROME SYDNEY BARRETT
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant:
Jerome Sydney Barrett
Pro Se
Lake County Regional Correctional Facility
Rt. 1, Box 330
Tiptonville, TN 38079
For Appellee:
Charles W. Burson
Attorney General & Reporter
Ellen H. Pollack
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
C. Phillip Bivens
District Attorney General
P.O. Drawer E
Dyersburg, TN 38024
Judge: WADE
First Paragraph:
The petitioner appeals the trial court's denial of his petition for a
writ of habeas corpus. There was no evidentiary hearing. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BARRETTJ_OPN.WP6
LATASHA M. WHITTINGTON-BARRETT
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Gale K. Flanary Charles W. Burson
Assistant Public Defender Attorney General & Reporter
P.O. Box 839 500 Charlotte Avenue
Blountville, TN 37167-0839 Nashville, TN 37243-0497
OF COUNSEL: Elizabeth T. Ryan
Assistant Attorney General
Stephen M. Wallace 450 James Robertson Parkway
District Public Defender Nashville, TN 37243-0493
P. O. Box 839
Blountville, TN 37167-0839 H. Greeley Wells, Jr.
District Attorney General
P.O. Box 526
Blountville, TN 37617
Phyllis Miller
Assist District Attorney General
P.O. Box 526
Blountville, TN 37617
Judge: Jones
First Paragraph:
The appellant, Latasha M. Whittington-Barrett, appeals as of right
from a judgment of the trial court dismissing his suit for
post-conviction relief. He contends the trial court "erred in denying
[his] petition for post-conviction relief" because the evidence
adduced at the hearing established (a) he was denied his
constitutional right to the effective assistance of counsel, and (b)
his pleas of guilty are constitutionally infirm because the pleas were
not voluntarily, intelligently and understandingly entered. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BARRETTL_OPN.WP6
STATE OF TENNESSEE
vs.
MICHAEL BELLEW
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GUY T. WILKINSON CHARLES W. BURSON
District Public Defender Attorney General and Reporter
24th Judicial District
P. O. Box 663 MARY ANNE QUEEN
Camden, TN 38320 Legal Assistant
ELLEN H. POLLACK
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37219
ROBERT RADFORD
District Attorney General
P. O. Box 686
Huntingdon, TN 38344
Judge: SMITH
First Paragraph:
Appellant Michael Bellew pled guilty in the Henry County Circuit Court
to operating a motor vehicle in violation of the Motor Vehicle
Habitual Offenders Act. As a Range I standard offender, Appellant
received a sentence of two years in the Tennessee Department of
Correction. In this direct appeal, he presents the following issue:
whether his sentence is excessive. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BELLEW_OPN.WP6
KENNETH ROBERT DANIELS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Laura Rule Hendricks Charles W. Burson
Eldridge, Irvine & Hendricks Attorney General and Reporter
606 W. Main Street, Suite 350
P. O. Box 84 Sandy R. Copous
Knoxville, TN 37901-0084 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
David E. Crockett
District Attorney General
Judge: Hayes
First Paragraph:
The appellant, Kenneth Robert Daniels, appeals the order of the
Johnson County Circuit Court dismissing his petition for writ of
habeas corpus. On January 15, 1993, the appellant pled guilty in the
Knox County Criminal Court to one count of second degree murder and to
one count of especially aggravated robbery. He is presently confined
at the Northeast Correctional Center in Johnson County where he is
serving an effective sentence of forty years for these convictions.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/DANIELSK_OPN.WP6
STATE OF TENNESSEE
vs.
JERRY DOUGLAS FRANKLIN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
C. EDWARD FOWLKES CHARLES W. BURSON
172 Second Avenue North Attorney General and Reporter
Suite 214
Nashville, TN 37201 JANIS L. TURNER
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
VICTOR S. JOHNSON
District Attorney General
BERNARD MCEVOY
Assist District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
Judge: WELLES
First Paragraph:
This is an appeal as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure. The Defendant, Jerry Douglas Franklin,
was convicted by a Davidson County jury of one count of vehicular
homicide. He was sentenced to three years split confinement, with one
year of confinement to be served at one hundred percent. His driver's
license was revoked for three years. He challenges both his
conviction and sentence. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCCA/FRANKLNJ_OPN.WP6
CURTIS GOULDIN
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CURTIS GOULDIN, pro se CHARLES W. BURSON
Lake County Correctional Facility Attorney General and Reporter
Route #1, P.O. Box 330
Tiptonville, TN 38079 ELIZABETH T. RYAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
JOHN W. PIEROTTI, JR.
District Attorney General
DAVID SHAPIRO
Assist District Attorney General
Suite 301
201 Poplar Avenue
Memphis, TN 38103
Judge: RILEY
First Paragraph:
The petitioner, Curtis Gouldin, appeals the order of the Criminal
Court of Shelby County denying his petition for writ of habeas corpus.
His sole contention is that he received an illegal sentence after he
pled guilty to two (2) counts each of aggravated rape and robbery with
a deadly weapon. The trial court treated the petition as one for
post-conviction relief and dismissed the petition on the grounds that
(1) it was time-barred, and (2) any non-jurisdictional error was
waived by the guilty plea. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/GOULDIN_OPN.WP6
STATE OF TENNESSEE
vs.
JOE A. HENSON
Court:TCCA
Attorneys:
For Appellant: For Appellee:
On appeal: Charles W. Burson
Walker Gwinn Attorney General & Reporter
Assistant Public Defender
Cyril V. Fraser
At trial: Counsel for the State
William Moore 450 James Robertson Parkway
Assistant Public Defender Nashville, TN 37243-0493
201 Poplar Avenue
Suite 2-01 David C. Henry
Memphis, TN 38103 Assist District Attorney General
201 Poplar Avenue
Of counsel: Third Floor
A.C. Wharton, Jr. Memphis, TN 38103
Shelby County Public Defender
Judge: WADE
First Paragraph:
The defendant, Joe A. Henson, was convicted of aggravated burglary.
The trial court imposed a Range III sentence of fourteen years. In
this appeal of right, the defendant contends that the evidence was
insufficient. We disagree and affirm the judgment of the trial court.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/HENSONJ_OPN.WP6
JANARDO HOWELL
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
G. KLINE PRESTON, IV CHARLES W. BURSON
176 Second Ave., N. Attorney General & Reporter
Nashville, TN 37201
DARYL J. BRAND
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
VICTOR S. JOHNSON, III
District Attorney General
KATRIN N. MILLER
Asst. District Attorney General
Washington Square, Suite. 500
222 Second Ave., N.
Nashville, TN 37201
Judge: PEAY
First Paragraph:
The petitioner filed his petition for writ of habeas corpus on July
25, 1995, in Davidson County, Tennessee. He is presently incarcerated
at the Riverbend Maximum Security Institution. According to his
petition, his imprisonment arises out of August 17, 1992, convictions
in Sevier County, Tennessee, for the sale of cocaine and auto theft.
His petition alleges that his sentences are unconstitutional, and he
appeals the lower court's denial of his petition. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/HOWELLJ_OPN.WP6
STATE OF TENNESSEE
vs.
STEVE JOHNSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Bill R. Barron Charles W. Burson
J. Mark Johnson Attorney General & Reporter
124 East Court Square 450 James Robertson Parkway
Trenton, TN 38382 Nashville, TN 37243-0493
James David Kendall Hunt S. Brown
Assistant Public Defender Assistant Attorney General
407 Perkins Street 450 James Robertson Parkway
Union City, TN 38261 Nashville, TN 37243-0493
OF COUNSEL: Thomas A. Thomas
District Attorney General
Joseph P. Atnip 414 Fourth Street, South
District Public Defender Union City, TN 38261
111 Main Street
Dresden, TN 38225
Judge: JONES
First Paragraph:
The appellant, Steve Johnson, was convicted of robbery, a Class C
felony, by a jury of his peers. The trial court found the appellant
was a persistent offender and imposed a Range III sentence consisting
of confinement for fifteen (15) years in the Department of Correction.
In this Court, the appellant contends the evidence was insufficient
to support his conviction, the trial court committed error by
permitting the state to introduce (a) his prior felony convictions to
impeach him, (b) evidence of flight, and (c) prior statements to
question a prosecution witness. In addition, the appellant contends
the sentence imposed by the trial court was excessive. REVERSED AND
REMANDED.
URL:http://www.tba.org/tba_files/TCCA/JOHNSONS_OPN.WP6
STATE OF TENNESSEE
vs.
DEWAINE LEGGS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JEFFREY A. DEVASHER CHARLES W. BURSON
Senior Assistant Public Defender Attorney General and Reporter
DAVID BAKER SARAH M. BRANCH
Senior Assistant Public Defender Assistant Attorney General
1202 Stahlman Building 450 James Robertson Parkway
Nashville, TN 37201 Nashville, TN 37219
VICTOR S. JOHNSON
District Attorney General
KATRIN MILLER
Assistant District Attorney
102 Metropolitan Courthouse
Nashville, TN 37201
Judge: SMITH
First Paragraph:
Appellant Dewaine Leggs pled guilty to aggravated assault in the
Davidson County Criminal Court. As a Range I standard offender,
Appellant received a sentence of six years in the workhouse. In this
direct appeal, Appellant presents the following issue for review:
whether his sentence is excessive. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/LEGGS_OPN.WP6
STATE OF TENNESSEE
vs.
JOHNNY LOCKHART
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Thomas N. DePersio Charles W. Burson
Attorney at Law Attorney General & Reporter
136 S. Illinois Ave., Suite 104 500 Charlotte Avenue
Oak Ridge, TN 37830 Nashville, TN 37243-0497
(Appeal Only)
Timothy F. Behan
Walter B. Johnson, II Assistant Attorney General
Asst District Public Defender 450 James Robertson Parkway
502 Roane Street Nashville, TN 37243-0493
Harriman, TN 37748
(Trial Only) Charles E. Hawk
District Attorney General
P.O. Box 703
Kingston, TN 37763-0703
D. Roger Delp
Asst District Attorney General
P.O. Box 703
Kingston, TN 37763-0703
Judge: Jones
First Paragraph:
The appellant, Johnny Lockhart, entered pleas of guilty to two counts
of attempting to commit murder in the second degree, a Class B felony,
following his pleas of guilty to the offenses. The parties agreed the
appellant was to be sentenced as a Range I offender, but there was no
agreement regarding the length of the sentences to be imposed by the
trial court. A sentencing hearing was conducted to determine the
length and manner of serving the sentences. The trial court imposed a
Range I sentence consisting of confinement for ten (10) years in the
Department of Correction in each count. The sentences are to be
served consecutively. The effective sentence imposed by the trial
court was confinement for twenty (20) years. The appellant contends
the sentences imposed are excessive. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/LOCKHART_OPN.WP6
NOAH H. LUNDY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Noah Harrison Lundy #72638 Charles W. Burson
N.E.C.C. 14-227 Attorney General and Reporter
P. O. Box 5000
Mountain City, TN 37683-5000 Eugene J. Honea
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
City-County Building
Knoxville, TN 37902
Judge: Hayes
First Paragraph:
The appellant, Noah H. Lundy, appeals the order of the Knox County
Criminal Court dismissing his pro se petition for post-conviction
relief alleging, inter alia, insufficient evidence and an excessive
and disproportionate sentence. The trial court dismissed the petition
as being time-barred. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/LUNDYN_OPN.WP6
STATE OF TENNESSEE
vs.
MARIO PENDERGRASS
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Charles W. Burson David M. Siegel
Attorney General and Reporter Sr. Assistant Public Defender
450 James Robertson Parkway Office of the Metropolitan Public Defender
Nashville, TN 37243 1200 Stahlman Bldg.
Nashville, TN 37201
Amy. L. Tarkington Ross E. Alderman
Assistant Attorney General Deputy Public Defender
450 James Robertson Parkway Office of the Metropolitan Public Defender
Nashville, TN 37243 1200 Stahlman Bldg.
Nashville, TN 37201
Mr. Tom Thurman
Assistant District Attorney General
Mr. Robert Moore
Assistant District Attorney General
Washington Square Building
222 2nd Avenue No.
Nashville, TN 37201
Judge: LAFFERTY
First Paragraph:
On April 27, 1995, the state filed an application for extraordinary
appeal by permission pursuant to T.R.A.P. Rule 10 in this Court. This
Court, on June 27, 1995, granted the State's application for
extraordinary appeal. The State has presented two issues for review.
(1) A trial court for Davidson County, subject to a motion to
suppress, granted the suppression of a portion of a first statement
made by the defendant, Mario Pendergrass, but refused to suppress two
additional statements. Subsequently, the trial court held that
although his suppression ruling was legally correct, the trial court
did not feel it fair to introduce these legally admissible statements
in a capital case and would not admit these statements unless the
State withdrew its notice of intent to seek the death penalty. Did
the trial court commit error? (2) Did the trial court commit error in
denying the, State?s motion to recuse itself based on its ruling that
the trial court would suppress the legally admissible statements
unless the State, withdrew its notice of intent to seek the death
penalty? REVERSED IN PART; AFFIRMED IN PART.
URL:http://www.tba.org/tba_files/TCCA/PENDER_OPN.WP6
DEVITO S. POLK
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
A C Wharton Charles W. Burson
Shelby Co. Public Defender Attorney General & Reporter
Diane Thackery M. Allison Thompson
Assistant Public Defender Counsel for the State
201 Poplar, Second Floor 450 James Robertson Parkway
Memphis, TN 38103 Nashville, TN 37243-0493
Edward G. Thompson John W. Pierotti
Assistant Public Defender District Attorney General
212 Adams Street
Memphis, TN 38103 Reginald R. Henderson
Asst. Dist. Attorney General
201 Poplar, Third Floor
Memphis, TN 38103
Judge: SUMMERS
First Paragraph:
The appellant, Devito Polk, pled guilty to second degree murder and
was sentenced to 35 years as a Multiple Range II offender. His
sentence was to be served concurrently with seven pending aggravated
robbery charges. He, thereafter, filed a post-conviction petition
alleging ineffective assistance of counsel and an unknowing and
involuntary plea. He appeals the denial of the petition. He raises
the following issues for our review: (1) whether he knowingly and
intelligently entered his plea of guilty; and (2) whether he received
ineffective assistance of counsel. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/POLKDAV_OPN.WP6
STATE OF TENNESSEE
vs.
STEVEN TERRENCE RUSSELL
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LARRY E. FITZGERALD CHARLES W. BURSON
22 N. Second Street, Ste. 410 Attorney General and Reporter
Memphis, TN 38103
MARY ANNE QUEEN
Legal Assistant
ELLEN H. POLLACK
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
ROBERT RADFORD
District Attorney General
VICKY SNYDER
Assistant District Attorney
P. O. Box 94
Paris, TN 38242
Judge: SMITH
First Paragraph:
Appellant Steven Terrence Russell pled guilty in the Henry County
Circuit Court to possession of cocaine in excess of 0.5 grams with
intent to sell or deliver and to possession of marijuana. As a Range
I standard offender, he received an effective sentence of ten years in
the Tennessee Department of Correction. In this appeal, Appellant
presents the following issues: (1) whether the trial court erred in
denying his motion to suppress evidence seized during his arrest; and
(2) whether his sentence is excessive. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/RUSSELLS_OPN.WP6
JIMMY LESLIE SLUDER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DONALD A. BOSCH CHARLES W. BURSON
Attorney for Appellant Attorney General & Reporter
BOSCH & LUSK, P.C.
2000 First Tennessee Plaza MICHAEL J. FAHEY, II
800 South Gay Street Assistant Attorney General
Knoxville, TN 37929 450 James Robertson Parkway
Nashville, TN 37243-0493
RANDALL E. NICHOLS
District Attorney General
MARSHA SELECMAN
Asst District Attorney General
Dist Atty General's Office
City-County Building
Knoxville, TN 37929
Judge: WOODALL
First Paragraph:
The Petitioner appeals as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure from the denial of his petition for
post-conviction relief by the Knox County Criminal Court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/SLUDERJL_OPN.WP6
MICHAEL SOUTH
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT C. IRBY CHARLES W. BURSON
4345 Malory Ave., E Attorney General and Reporter
Memphis, TN 38111
DEBORAH A. TULLIS
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
JOHN W. PIEROTTI
District Attorney General
KEVIN R. RARDIN
Assistant District Attorney
201 Poplar Avenue, Suite 301
Memphis, TN 38103-1947
Judge: RILEY
First Paragraph:
This is an appeal from the trial court's dismissal of a
post-conviction relief petition. The appellant, Michael South, was
convicted of aggravated rape and aggravated robbery and sentenced to
serve 60 years and 30 years, respectively. The sentences were ordered
to be served consecutively. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/SOUTHMIK_OPN.WP6
DELTA RAY VANDYGRIFF
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
SHARA A. FLACY CHARLES W. BURSON
Public Defender Attorney General & Reporter
JOHN R. WINGO KAREN M. YACUZZO
Asst. Public Defender Asst. Attorney General
128 N. Second St. 450 James Robertson Pkwy.
P.O. Box 1208 Nashville, TN 37243-0493
Pulaski, TN 38478
MIKE BOTTOMS
District Attorney General
ROBERT SANDERS
Asst. District Attorney General
10 Public Sq.
Columbia, TN 38401
Judge: PEAY
First Paragraph:
The petitioner was convicted by a jury of assault with intent to
commit murder in the first degree and sentenced to twenty-seven years
enhanced by an additional consecutive five years for use of a deadly
weapon, for a total of thirty-two years. His conviction was affirmed
on direct appeal. In this petition for post conviction relief, the
petitioner complains of the lower court's refusal to appoint an expert
and he claims that he received ineffective assistance of counsel at
trial. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/VANDYGRI_OPN.WP6
STATE OF TENNESSEE
vs.
JAMES WEB
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Tom Crider Charles W. Burson
District Public Defender Attorney General and Reporter
Laura Rule Hendricks Robin L. Harris
Appellant Contract Attorney Assistant Attorney General
for the District Public Defender Criminal Justice Division
810 Henley Street 450 James Robertson Parkway
Knoxville, TN 37902 Nashville, TN 37243-0493
Clayburn L. Peeples
District Attorney General
109 East First Street
Trenton, TN 38382
Judge: Hayes
First Paragraph:
The appellant, James Webb, was convicted by a jury in the Circuit
Court of Haywood County of the aggravated rape of his daughter. Tenn.
Code Ann. S 39-2-603 (1982)(repealed 1989). The trial court sentenced
the appellant as a standard, range I offender to eighteen (18) years
in the Tennessee Department of Correction. Tenn. Code Ann.
S40-35-112(a)(1) (1990). AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/WEBBJAME_OPN.WP6
STATE OF TENNESSEE
vs.
ROBERT ARTHUR WHITE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
G. STEVEN DAVIS CHARLES W. BURSON
District Public Defender Attorney General & Reporter
P.O. Box 742
Dyersburg, TN 38025-0742 LISA T. KIRKHAM
Assistant Attorney General
Second Floor, Cordell Hull Bldg
426 5th Avenue North
Nashville, TN 37243
C. PHILLIP BIVENS
District Attorney General
P.O. Box E
Dyersburg, TN 38025
Judge: WOODALL
First Paragraph:
The Appellant appeals as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure. The Appellant was convicted of escape
at a jury trial in Lake County Circuit Court. The trial court
sentenced the Appellant to one year and ten months as a Range I
Standard Offender to run consecutively to the sentence he was serving
at the time of his escape. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/WHITEROB_OPN.WP6
STATE OF TENNESSEE
vs.
JAMES RUSSELL WICKS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL J. FLANAGAN CHARLES W. BURSON
DALE M. QUILLEN Attorney General and Reporter
95 White Bridge Road #208
Nashville, TN 37205 DEBORAH A. TULLIS
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
DAN ALSOBROOKS
District Attorney General
SUZANNE LOCKERT
Asst District Attorney General
P.O. Box 580
Charlotte, TN 37036
Judge: WELLES
First Paragraph:
This is an appeal pursuant to Rule 37(b)(2)(i) of the Tennessee Rules
of Criminal Procedure. The Defendant pleaded guilty to possession of
marijuana for resale and possession of drug paraphernalia. With the
agreement of the State and the trial court, he reserved a certified
question of law that is dispositive of the case. The certified
question arose from the trial court's denial of a motion to suppress
evidence obtained through a consent search of the Defendant's
residence. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/WICKS_OPN.WP6
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