-
TBALink Opinion-Flash
March 31, 1997 -- Volume #3 -- Number #035
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
- 00-New Opinions From TSC-Workers Comp Panel
- 08-New Opinions From TCA
- 21-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
ROCK ABOU-SAKHER vs. HUMPHREYS COUNTY, TENNESSEE and HUMPHREYS COUNTY AIRPORT AUTHORITY Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendants/Appellees: Calvin P. Turner John Lee Williams Lebanon, Tennessee Waverly, Tennessee Judge: KOCH First Paragraph: This appeal involves a dispute between Humphreys County and the former fixed-base operator of the Humphreys County Airport. After the county declined to renew the fixed-base operator's lease and hired a full time airport manager, the former fixed-base operator filed suit in the Chancery Court for Humphreys County seeking a declaration that his lease remained in effect and challenging his termination as part-time airport manager. The trial court heard the case without a jury and found that the fixed-base operator's lease had expired and that the plaintiff was not entitled to reinstatement as part-time airport manager. We affirm the judgment. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/ABOU-SAK_OPN.WP6
CORNELIA H. BOONE
vs.
CHARLES P. BOONE
Court:TCA
Attorneys:
JOE M. DUNCAN
BURCH, PORTER & JOHNSON
Memphis, Tennessee
Attorney for Appellant
LEO BEARMAN, JR.
BAKER, DONELSON, BEARMAN & CALDWELL
Memphis, Tennessee
Attorney for Appellee
Judge: HIGHERS
First Paragraph:
In this divorce action, Cornelia Boone (the "Plaintiff") was awarded a
divorce from Charles Boone (the "Defendant") on the grounds of
inappropriate marital conduct. The trial court awarded the parties'
residence at Chambers Chapel to the Plaintiff and ordered the
Defendant to pay the existing mortgage on the property. The defendant
was also ordered to pay $4500.00 per month in alimony for two years
and $3000.00 per month in alimony for the following ten years. The
trial court upheld a prenuptial agreement which was entered into by
the parties two days prior to their marriage. Pursuant to the terms
of the prenuptial agreement, the trial court ordered the Defendant to
pay $10,000.00 in cash to the Plaintiff and all reasonable liabilities
and obligations of the Plaintiff which were incurred with the
Defendant's knowledge and consent. The Defendant was ordered to
convey to the Plaintiff all of his real and personal property owned
jointly with the Plaintiff. The trial court further ruled that
neither party has any claim to the appreciation in the other's
separate property. For the reasons stated hereafter, we modify the
trial court's award of alimony to provide for an award of permanent
alimony, but we affirm the trial court's judgment in all other
respects, including the enforcement of the parties' prenuptial
agreement. AFFIRMED IN PART AND MODIFIED IN PART.
URL:http://www.tba.org/tba_files/TCA/BOONEC_OPN.WP6
MELVIN J. FLOWERS
vs.
CHARLES TRAUGHBER, et al
Court:TCA
Attorneys:
MELVIN J. FLOWERS, pro se
Nashville, Tennessee
CHARLES W. BURSON
Attorney General & Reporter
PATRICIA C. KUSSMANN
Assistant Attorney General
Nashville, Tennessee
Attorneys for Appellees
Judge: HIGHERS
First Paragraph:
In this action, Melvin Flowers ("Flowers") filed a petition for writ
of certiorari or, alternatively, a writ of habeas corpus in the
chancery court seeking judicial review of the Parole Board's ("Board")
decision to postpone his parole eligibility hearing until he received
an updated psychological evaluation. The chancery court denied
Flowers' petition for writ of certiorari and held that the Board did
not act arbitrarily, capriciously or in excess of its jurisdiction in
making its decision to delay Flowers' parole eligibility hearing.
Flowers has appealed the judgment of the chancery court, arguing that
his constitutional rights were violated by the Board's decision to
defer his parole hearing. For the reasons stated hereafter, we
affirm the judgment of the chancery court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/FLOWERS_OPN.WP6
BESS HARMON
vs.
STEVE DUNN D/B/A BUD DUNN
AND SON STABLE
And
WILLIAM "TOBY" SCARBROUGH
Court:TCA
Attorneys:
Alfred H. Knight,
WILLIS & KNIGHT, Nashville, Tennessee
Attorney for Defendant/Appellant William "Toby" Scarbrough.
William S. Fleming, Columbia, Tennessee
Attorney for Plaintiff/Appellee.
Judge: FARMER
First Paragraph:
This is a breach of contract case involving the sale of a Tennessee
Walking Horse known as "Phantom Recall." The appellee, Bess Harmon,
filed suit against the appellant, William A. "Toby" Scarbrough, after
he stopped payment on a check tendered to Harmon for the purchase of
the horse. Significant here is the fact that within days of the
tender, but prior to Scarbrough's physical receipt of the documents
transferring ownership, the horse became critically ill and died.
Thus, the issue is raised as to when the risk of loss passed. There
are also secondary issues as to whether the horse's physical condition
was materially misrepresented prior to the sale or whether the parties
were operating under a mutual mistake of fact. The trial court
entered a judgment for Harmon after a bench trial. For reasons
hereinafter stated, we affirm. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/HARMONB_OPN.WP6
JAMES L. HOWARD
vs.
J. HOWARD SHANKLE and BOBBIE J. SHANKLE
Court:TCA
Judge: FARMER
First Paragraph:
The appellant has filed a petition to rehear which, after due
consideration, is respectfully denied.
URL:http://www.tba.org/tba_files/TCA/HOWARDJL_ORD.WP6
JOHN RUSSELL OKERSON
vs.
BARBARA BUHR OKERSON
Court:TCA
Attorneys:
CHARLES A. SEVIER, The Sevier Law Firm, Memphis, Attorney for
Plaintiff/Appellant.
LARRY RICE and KENDRA H. ARMSTRONG, Rice, Rice, Smith, Bursi, Veazey,
& Amundsen, L.L.P.C., Memphis, Attorneys for Defendant/Appellee.
Judge: TOMLIN
First Paragraph:
These two consolidated appeals stem from a divorce action initiated by
John Russell Okerson ("Plaintiff" or "Husband") against Barbara Buhr
Okerson ("Defendant" or "Wife") in the Circuit Court of Shelby County.
Following an abbreviated bench trial, the trial judge granted Wife a
divorce on the grounds of inappropriate marital conduct, divided the
party's marital property, awarded Wife custody of the two minor
children and awarded temporary child support and alimony. The case
was continued to a later date. During the course of that hearing, it
was announced on behalf of the parties that they had reached a
settlement agreement that equally divided the marital property. In
addition, it was announced that the amount and method of payment of
alimony by Husband to Wife had been finalized, along with the payment
of child support and some attorney fees. MODIFIED IN PART AND AFFIRMED
IN PART.
URL:http://www.tba.org/tba_files/TCA/OKERSON_OPN.WP6
BOWDOIN GRAYSON SMITH
vs.
GINGER LEE MARENCHIN SMITH
Court:TCA
Attorneys:
MIKE W. BINKLEY
150 Second Avenue North
Suite 300
Nashville, TN 37201
Attorney for Plaintiff-Appellee.
JOHN J. HOLLINS
HOLLINS, WAGSTER & YARBROUGH, P.C.
Suite 2210, Sun Trust Center
424 Church Street
Nashville, TN 37219
Attorney for Defendant-Appellant.
Judge: FRANKS
First Paragraph:
In this divorce action, the wife contends the Trial Judge did not
follow the guidelines in awarding child support, and the husband
contends that the Court erred in the division of marital assets, and
in the award of alimony and attorney's fees to the wife. AFFIRMED IN
PART, MODIFIED IN PART, AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/SMITHS_OPN.WP6
GINGER DIANNE GRIGGS TURNER
vs.
ROBERT PHILLIPS TURNER, JR.
Court:TCA
Attorneys:
For the Plaintiff/Appellee: For the Defendant/Appellant:
Kathryn G. Brinton David S. Zinn
Nashville, Tennessee Michael D. Dillon
ZINN AND ASSOCIATES
Philip E. Smith Nashville, Tennessee
Nashville, Tennessee
Judge: KOCH
First Paragraph:
This appeal involves the dissolution of an eleven-year marriage. The
wife first filed a complaint for separate maintenance in the Circuit
Court for Davidson County but later amended the complaint to seek a
divorce. The husband contested the wife's right to the divorce and to
custody of the children and sought an equitable division of the
marital estate. The trial court awarded the wife a divorce on the
ground of inappropriate marital conduct and granted her custody of the
children. On this appeal, the husband takes issue with various
aspects of the division of the marital estate, the provisions for
custody and visitation, the awards for spousal and child support, his
conviction for criminal contempt, and the awards for the wife's
attorney's fees and discretionary costs. We affirm the trial court's
judgments in all particulars except for the constraints placed on the
husband's dealings with his disability insurance carrier, the
disposition of seventy boxes of the husband's personal property, and
the award for the wife's unpaid attorney's fees. AFFIRMED AS MODIFIED
AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/TURNERGD_OPN.WP6
LEWIS BOLERJACK
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
THOMAS T. WOODALL CHARLES W. BURSON
203 Murrell St. Attorney General & Reporter
P.O. Box 1075
Dickson, TN 37056-1075 SARAH M. BRANCH
(On appeal) Counsel for the State
450 James Robertson Pkwy.
TOM W. CRIDER Nashville, TN 37243-0493
District Public Defender
107 South Court Square CLAYBURN PEEBLES
Trenton, TN 38382 District Attorney General
(at trial & of counsel on appeal) 110 S. College St., Suite 200
Trenton, TN 38382
Judge: PEAY
First Paragraph:
The petitioner pled guilty in December 1987 to the first-degree murder
of his wife and received a life sentence. He filed a petition for
post-conviction relief in June of 1990. The petition was dismissed
without a hearing and the petitioner appealed. This Court remanded
the cause to the trial court and a hearing was held on August 30,
1995. The petition was subsequently dismissed and the petitioner now
appeals that dismissal. He claims that the petition should not have
been dismissed because he received ineffective assistance of counsel
prior to entering his guilty plea. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BOLERJAC_OPN.WP6
STATE OF TENNESSEE
vs.
KEVIN D. CASH
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MARVIN E. BALLIN CHARLES W. BURSON
-and- Attorney General & Reporter
MARK A. MESLER
200 Jefferson Ave., Suite 1250 DEBORAH A. TULLIS
Memphis, TN 38103 Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
JOHN W. PIEROTTI
District Attorney General
AMY WEIRICH
Asst. District Attorney General
Criminal Justice Complex
Third Floor
201 Poplar
Memphis, TN 38103
Judge: PEAY
First Paragraph:
The defendant was indicted on March 23, 1995, for unlawful possession
of a controlled substance with intent to sell and for unlawful
possession of a controlled substance with intent to deliver. On
August 29, 1995, he pled guilty to unlawful possession of marijuana in
excess of 14.175 grams with intent to sell, a Class E felony. He was
sentenced to sixteen months in the Shelby County Correctional Center
and fined two thousand dollars ($2000). He petitioned the court to
suspend his sentence, but his request was denied. It is from this
denial that he now appeals. After a review of the record, we find
that the trial court was not in error, and we affirm the judgment
below. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/CASHREV_OPN.WP6
STATE OF TENNESSEE
vs.
RICKY C. CONATSER
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
DARYL J. BRAND
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
WILLIAM PAUL PHILLIPS
District Attorney General
JOHN W. GALLOWAY, JR.
Asst. District Attorney General
P.O. Box 99
Jamestown, TN 38556
Judge: PEAY
First Paragraph:
The defendant was indicted for possessing tylox capsules, containing
oxycodone, a schedule II controlled substance, with intent to sell;
possessing methadone, a schedule II controlled substance, with intent
to sell; and possessing approximately 28.7 grams of marijuana with
intent to sell. He filed a motion to suppress evidence obtained
pursuant to a search of his residence, which the court below denied
after a hearing. He subsequently pled guilty to felonious possession
of oxycodone, possession of methodone, and possession of marijuana.
In conjunction with his guilty plea, the defendant properly reserved
certified questions of law regarding the efficacy of the search
warrant upon which the incriminating evidence was seized. After our
review of the record and analysis of the questions reserved, we affirm
the judgment below. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/CONATSER_OPN.WP6
STATE OF TENNESSEE
vs.
NORMAN G. COPELAND
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ONNIE L. WINEBARGER CHARLES W. BURSON
Attorney for the Appellant Attorney General and Reporter
JOHN H. LITTLE MICHAEL J. FAHEY, II
Attorney for the Appellant Assistant Attorney General
P.O. Box 397 450 James Robertson Parkway
Livingston, TN 38570 Nashville, TN 37243
BILL GIBSON
District Attorney General
OWEN G. BURNETT
Asst District Attorney General
P.O. Box 706
Livingston, TN 38570
Judge: WELLES
First Paragraph:
This is an appeal as of right pursuant to Rule 3, Tennessee Rules of
Appellate Procedure. The Defendant, Norman Copeland, was convicted by
an Overton County jury of possession of more than .5 grams of cocaine
with intent to sell or deliver. The jury imposed a fine of one
hundred thousand dollars ($100,000.00). He was sentenced as a Range
II, multiple offender to eighteen years and six months imprisonment in
the Department of Correction. The Defendant appeals both his
conviction and sentence, raising the following issues: (1)That the
trial court erred by failing to suppress all the evidence as listed on
a search warrant return; (2) that the trial court erred in not
suppressing evidence seized pursuant to an invalid capias; (3) that
the trial court erred (a) by imposing a sentence of eighteen years and
six months rather than the presumptive minimum of twelve years, and
(b) in finding the Defendant ineligible for community corrections; and
(4) that improper comments made by the prosecution during closing
arguments require a reversal of his conviction. After carefully
considering the above contentions, we affirm the judgment of the trial
court, but modify the sentence. CONVICTION AFFIRMED; SENTENCE
MODIFIED.
URL:http://www.tba.org/tba_files/TCCA/COPELNDN_OPN.WP6
STATE OF TENNESSEE
vs.
WILLIAM HANSARD
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ALAN R. FELTES CHARLES W. BURSON
159 West Main St., Suite 1 Attorney General & Reporter
Sevierville, TN 37862
MICHAEL J. FAHEY, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
ALFRED E. SCHMUTZER
District Attorney General
G. SCOTT GREEN
Asst District Attorney General
125 Court Ave., Suite 301
Sevierville, TN 37862
Judge: WITT
First Paragraph:
The defendant, William Hansard, was convicted of aggravated assault in
a jury trial in the Circuit Court of Sevier County. He was sentenced
as a Range I, standard offender to serve three years in the custody of
the Department of Correction. He appeals as of right and contends (1)
that the trial judge erred by ruling as a matter of law that an ex
parte restraining order was in effect at the time of the offense, and
(2) it was error to allow testimony regarding his prior bad acts.
AFFIRMED AS MODIFIED.
URL:http://www.tba.org/tba_files/TCCA/HANSARD_OPN.WP6
GRANT D. HENDERSON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Ardena J. Garth Charles W. Burson
District Public Defender Attorney General & Reporter
Donna Robinson Miller M. Allison Thompson
Assistant District Public Defender Counsel for the State
450 James Robertson Parkway
Cynthia A. Lecroy-Schemel Nashville, TN 37243-0493
Assistant District Public Defender
701 Cherry Street, Suite 300 William H. Cox III
Chattanooga, TN 37402 District Attorney General
Thomas J. Evans
Asst District Attorney General
600 Market Street, Courts Bldg
Chattanooga, TN 37402
Judge: SUMMERS
First Paragraph:
On April 17, 1984 the appellant, Grant D. Henderson, pled guilty to
first degree murder and armed robbery. He received a life sentence
for first degree murder and thirty-five years for armed robbery. The
sentences were ordered to run consecutively. On March 9, 1994 the
appellant filed a post conviction relief petition and alternative
habeas corpus petition alleging ineffective assistance of counsel and
that his plea was involuntary. His petition was dismissed as
untimely. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/HENDERSG_OPN.WP6
LARRY HUNTER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
C. Anne Tipton John Knox Walkup
140 North Third Street Attorney General and Reporter
Memphis, TN 38103
Clinton J. Morgan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
John W. Pierotti
District Attorney General
Amy J. Weirich
Assistant District Attorney
201 Poplar - Third Floor
Criminal Justice Complex
Memphis, TN 38103
Judge: Barker
First Paragraph:
The appellant, Larry Hunter, appeals as of right the denial of his
petition for post-conviction relief by the Shelby County Criminal
Court. On appeal, appellant contends that the trial court erred in
finding that he did receive the effective assistance of counsel, and
that he entered his guilty plea knowingly and voluntarily. Finding no
error in the trial court's ruling, we affirm the denial of
post-conviction relief. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/HUNTERL_OPN.WP6
STATE OF TENNESSEE
vs.
JAMES E. IRWIN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL J. FLANAGAN CHARLES W. BURSON
95 White Bridge Rd. Attorney General & Reporter
Suite 208
Nashville, Tennessee 37201 EUGENE J. HONEA
Asst. Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243 0493
DAN M. ALSOBROOKS
District Attorney General
SUZANNE LOCKERT
Asst. District Attorney General
P.O. Box 580
Charlotte, Tennessee 37036
Judge: STAFFORD
First Paragraph:
Defendant Irwin pled guilty to driving under the influence of an
intoxicant (DUI), was fined $350 and received eleven (11) months and
twenty-nine (29) days, all of which was suspended except forty-eight
(48) hours. With the consent of the state and the trial court, Irwin
explicitly reserved a certified question of law pursuant to Tennessee
Rules of Criminal Procedure 37 (b)(2)(i). The certified question of
law for our review is "whether or not the detention of the defendant
in this case, under the policy of the Dickson County Sheriff's
Department, constitutes punishment so as to preclude further
prosecution on double jeopardy grounds or violates the defendant's due
process rights." The trial court denied Irwin's motion to dismiss. We
affirm the judgment of the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/IRWINJE_OPN.WP6
STATE OF TENNESSEE
vs.
JOHN JAMES
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
THOMAS F. BLOOM CHARLES W. BURSON
500 Church Street, 5th Floor Attorney General and Reporter
Nashville, TN 37219
MICHAEL J. FAHEY, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
VICTOR S. JOHNSON, III
District Attorney General
WILLIAM R. REED
Asst District Attorney General
Washington Sq., Suite 500
222-2nd Avenue N.
Nashville, TN 37201-1649
Judge: STAFFORD
First Paragraph:
This is a direct appeal as a result of a jury verdict of guilty of one
count of Rape of a Child, six (6) counts of Aggravated Rape, and six
(6) counts of Aggravated Sexual Battery. Some sentences were run
concurrently and others consecutively resulting in an effective
sentence of seventy (70) years as a Range I, Standard Offender.
AFFIRMED IN PART, REVERSED IN PART.
URL:http://www.tba.org/tba_files/TCCA/JAMESJHN_OPN.WP6
DONNIE E. JOHNSON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
James V. Ball John Knox Walkup
217 Exchange Avenue Attorney General of Tennessee
Memphis, TN 38115 and
and Kathy Morante
Dwight Duncan Asst Attorney General of Tenn.
5507 Winchester Road 450 James Robertson Parkway
Memphis, TN 38115 Nashville, TN 37243-0493
(AT TRIAL)
John W. Pierotti, Jr.
Paul J. Morrow, Jr. District Attorney General
1505 Compton Avenue and
Nashville, TN 37212 Janet Shipman
(ON APPEAL) Asst District Attorney General
201 Poplar Avenue
Memphis, TN 38103-1947
Judge: Tipton
First Paragraph:
This capital post-conviction case was remanded to us by the Tennessee
Supreme Court for reconsideration in light of its opinion in House v.
State, 911 S.W.2d 705 (Tenn. 1995), defining concepts of waiver and
previous determination in the post conviction context. The present
case involves the petitioner's second petition for post conviction
relief from both his conviction for first degree murder of his wife
and his resulting death penalty sentence. The Shelby County Criminal
Court dismissed the petition without an evidentiary hearing,
concluding that all grounds raised had been either waived or
previously determined. In this court's first opinion, it reversed the
trial court, holding that the concept of waiver of a ground for relief
provided in T.C.A. S 40 30-112(b) allowed the petitioner to rebut the
presumption of waiver by showing that he, personally, did not
knowingly and understandingly forego the assertion of a ground at a
previous post-conviction proceeding. Donnie Edward Johnson v. State,
No. 02C01-9111-CR-00237, Shelby County (Tenn. Crim. App. Mar. 23,
1994). After rebriefing and reargument by the parties, we have
concluded that the trial court's dismissal of the second petition was
proper. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/JOHNSON3_OPN.WP6
HORACE JONES
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Horace Jones John Knox Walkup
Cold Creek Correctional Facility Attorney General and Reporter
Route 2, Box 1000
Henning, TN 38041 William David Bridgers
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Mary Anne Queen
Legal Assistant
John W. Pierotti
District Attorney General
Reginald Henderson
Assistant District Attorney
201 Poplar - Third Floor
Criminal Justice Complex
Memphis, TN 38103
Judge: Barker
First Paragraph:
The appellant, Horace Jones, appeals the dismissal of his
post-conviction petition filed in the Criminal Court of Shelby County.
The trial court summarily dismissed appellant's pro se 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. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/JONES4_OPN.WP6
STATE OF TENNESSEE
vs.
CHRISTOPHER CLAY KENNEDY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ERNEST W. WILLIAMS CHARLES W. BURSON
320 Main Street, Suite 101 Attorney General and Reporter
Franklin, TN 37064
MICHAEL J. FAHEY, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
JOSEPH D. BAUGH, JR.
District Attorney General
JEFF BURKS
Asst District Attorney General
P.O. Box 937
Franklin, TN 37064
Judge: STAFFORD
First Paragraph:
The appellant, Christopher Clay Kennedy, appeals his convictions from
the Williamson County Circuit Court. He was convicted by a jury of
two (2) counts of reckless endangerment with a deadly weapon (a Class
E felony) and one (1) count of leaving the scene of an accident. He
was ordered to serve concurrent sentences of three (3) years for each
count of felony reckless endangerment and 30 days for leaving the
scene of an accident. On appeal, Kennedy challenges the sufficiency
of the convicting evidence for two counts of reckless endangerment.
Secondly, he argues that the trial court erred in not "specifically
and separately" charging the jury on both felony reckless endangerment
and misdemeanor reckless endangerment. He further claims that the
jury verdict form misled and confused the jury by creating an
inference of guilt. Finally, he contends that his due process rights
have been violated under the Constitutions of the United States and
the State of Tennessee because the statutory definitions of "reckless
endangerment" and "deadly weapon" are vague. We affirm the judgment
of the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/KENNDYCC_OPN.WP6
JIMMY LEE KEY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Thomas G. Slaughter Charles W. Burson
Attorney at Law Attorney General & Reporter
602 S. Gay Street, Suite 600
Knoxville, TN 37902 Sandy R. Copous
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
C. Leon Franks
Assistant District Attorney
General City County Building
400 Main, P.O. Box 1468
Knoxville, TN 37901-1468
Judge: SUMMERS
First Paragraph:
In 1969, the appellant, Jimmy Lee Key, pled guilty to seven counts of
theft and burglary. In June 1992, he filed a petition for
post-conviction relief alleging ineffective assistance of counsel.
The petition was dismissed because the statute of limitations had
expired. He appeals alleging that his claim of ineffective assistance
of counsel falls within the Burford exception to the statute of
limitations. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/KEYJL_OPN.WP6
MARVIN ANTHONY MATHEWS
vs.
STATE OF TENNESSEE
Court:TCCA
Judge: WOODALL
First Paragraph:
This matter is before the Court upon the state's motion requesting
that the judgment in the above-styled cause be affirmed pursuant to
Rule 20, Tennessee Court of Criminal Appeals Rules. Finding that the
appellant has failed to show that he is entitled to habeas corpus
relief or that the chancery court had jurisdiction to consider the
appellant's claims, we affirm the denial of the appellant's petition
for habeas corpus relief.
URL:http://www.tba.org/tba_files/TCCA/MATHEWSM_ORD.WP6
STATE OF TENNESSEE
vs.
CASSON MARCEL MCCOY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN H. NORTON, III CHARLES W. BURSON
P.O. Drawer 37 Attorney General & Reporter
Shelbyville, TN 37160
(At new trial motion
and on appeal) LISA A. NAYLOR
Asst. Attorney General
THOMAS F. BLOOM 450 James Robertson Pkwy.
500 Church St., 5th Fl. Nashville, TN 37243-0493
Nashville, TN 37219
(On appeal) MIKE MCCOWN
District Attorney General
DAVID VINCENT
Ste. 906, Stahlman Bldg. ROBERT G. CRIGLER
211 Union St. Asst. District Attorney General
Nashville, TN 37201 Bedford County Courthouse
(At trial) Shelbyville, TN 37160
Judge: PEAY
First Paragraph:
The defendant was indicted for the sale of less than .5 grams of
cocaine. A jury convicted him of this offense. He subsequently filed
a motion for new trial alleging several grounds in support thereof.
At the hearing on this motion, however, defense counsel waived all
grounds other than ineffective assistance of counsel. After an
evidentiary hearing, the trial court denied the motion. The defendant
now appeals as of right. We affirm the judgment below. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/MCCOYCM_OPN.WP6
STATE OF TENNESSEE
vs.
BRIAN M. MINOUX
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
John Pellegrin John Knox Walkup
113 West Main Street Attorney General and Reporter
Gallatin, Tennessee 37066 450 James Robertson Parkway
Nashville, Tennessee 37243 0493
William D. Bridgers
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243 0493
Lawrence R. Whitley
District Attorney General
113 West Main Street
Gallatin, Tennessee 37066
Dee D. Gay
Asst District Attorney General
113 West Main Street
Gallatin, Tennessee 37066
Judge: Barker
First Paragraph:
The Appellant, Brian M. Minoux, appeals as of right the judgment of
the Sumner County Criminal Court affirming the Sumner County assistant
district attorney's revocation of pretrial diversion. He presents two
arguments on appeal. First, he contends that the trial court erred
when it affirmed the revocation of the memorandum of understanding.
Second, that the November, 1991, memorandum of understanding expired
in November of 1993 and that the charges against him should have been
dismissed. After a careful review of the record on appeal we affirm
the trial court's findings. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/MINOUX_OPN.WP6
STATE OF TENNESSEE
vs.
ROBERT EUGENE PFOFF, SR.
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
PAUL G. WHETSONE JOHN KNOX WALKUP
Attorney at Law Attorney General and Reporter
502 North Jackson St.
Morristown, Tn 37814 ELIZABETH T. RYAN
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
C. BERKELEY BELL, JR.
District Attorney General
VICTOR VAUGHN and
JOHN DUGGER
Asst. District Attorneys General
510 Allison Street
Morristown, TN 37814
Judge: Hayes
First Paragraph:
The appellant, Robert Eugene Pfoff, Sr., brings this interlocutory
appeal pursuant to Tenn. R. App. P. 9, contending that the district
attorney general abused his discretion in denying the appellant's
application for pre-trial diversion and that he was denied an adequate
hearing of his petition for writ of certiorari in violation of the due
process provisions of the Tennessee and United States constitutions.
Following a review of the record, we affirm the judgment of the trial
court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/PFOFF_OPN.WP6
SEAN RAINER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
A. C. WHARTON CHARLES W. BURSON
Public Defender Attorney General & Reporter
WALKER GWINN DEBORAH A. TULLIS
Asst. Public Defender Asst. Attorney General
201 Poplar - Suite. 2-01 450 James Robertson Pkwy.
Memphis, TN 38103 Nashville, TN 37243-0493
(On appeal)
JOHN W. PIEROTTI
DIANE THACKERY District Attorney General
Asst. Public Defender
201 Poplar - 2nd Fl. REGINALD HENDERSON
Memphis, TN 38103 Asst. District Attorney
(At hearing) 201 Poplar Ave. - 3rd Fl.
Memphis, TN 38103
Judge: PEAY
First Paragraph:
The petitioner was convicted by a jury of second-degree murder and
attempted first-degree murder, from which no appeal was perfected. He
has filed this petition for post-conviction relief alleging that he
received ineffective assistance of counsel because his lawyer failed
to file an appeal on his behalf. After a hearing, the court below
denied relief. After reviewing the record, we affirm the judgment.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/RAINERS_OPN.WP6
STATE OF TENNESSEE
vs.
JEFFERY L. VAUGHN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
G. Stephen Davis Charles W. Burson
District Public Defender Attorney General & Reporter
208 North Mill Avenue
Dyersburg, TN 38024 Clinton J. Morgan
Counsel for the State
Charles M. Agee, Jr. 450 James Robertson Parkway
Attorney at Law Nashville, TN 37243-0493
P.O. Box 264
Dyersburg, TN 38024 C. Phillip Bivens
(At Trial Only) District Attorney General
James E. Lanier
Asst. Dist. Attorney General
P.O. Box E
Dyersburg, TN 38024
Judge: SUMMERS
First Paragraph:
The appellant, Jeffery Vaughn, was convicted by a jury of possession
of cocaine with intent to sell. He was sentenced to 16 years as a
Range II offender. He appeals alleging the evidence was insufficient
to convict and that his sentence was excessive. Upon review, we
affirm the judgment of conviction and sentence. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/VAUGHNJ_OPN.WP6
TERRY WARE
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
J. BLAKE ANDERSON CHARLES W. BURSON
Suite 110, Pythian Bldg. Attorney General & Reporter
200 E. Main St.
P.O. Box 1771 DEBORAH A. TULLIS
Jackson, TN 38302-1771 Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
JERRY WOODALL
District Attorney General
DON ALLEN
Asst. District Attorney General
P.O. Box 2825
Jackson, TN 38302
Judge: PEAY
First Paragraph:
The petitioner pled guilty in September 1994 to aggravated burglary
and aggravated rape. He received an effective sentence of fifteen
years which is to run consecutively to the remainder of a previous
sentence in which his probation status was revoked. He filed a
petition for post-conviction relief in October 1994 and counsel was
appointed. After a hearing, his petition was denied. It is from this
denial that he now appeals. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/WARE2_OPN.WP6
DAVID WILLIAMS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
David B. Hill Charles W. Burson
Attorney at Law Attorney General & Reporter
301 E. Broadway
Newport, TN 37821 Sandy R. Copous
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Alfred C. Schmutzer, Jr.
District Attorney General
Richard R. Vance
Asst District Attorney General
339-A E. Main Street
Newport, TN 37821
Judge: SUMMERS
First Paragraph:
The appellant, David Williams, pled guilty to six offenses in Cocke
County. He was sentenced to 12 years as a Range I, standard offender.
He filed a post-conviction petition alleging that he received
ineffective assistance of counsel. After a hearing, the trial court
dismissed the petition. He appeals the dismissal. Upon review, we
affirm the judgment of the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/WILLIA1_OPN.WP6
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank
© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: