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TBALink Opinion-Flash
April 22, 1997 -- Volume #3 -- Number #044
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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- 00-New Opinions From TSC-Rules
- 00-New Opinions From TSC-Workers Comp Panel
- 02-New Opinions From TCA
- 10-New Opinions From TCCA
- 02-New Opinions From TSC
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George Dean
TBALink Chief Editor
TERRY L. HICKS, JR. vs. STATE OF TENNESSEE Court:TSC Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GEORGE MORTON GOOGE JOHN KNOX WALKUP 26th District Public Defender Attorney General and Reporter PAMELA J. DREWERY MICHAEL E. MOORE Assistant Public Defender Solicitor General 227 West Baltimore Street Jackson, Tennessee KAREN M. YACUZZO Assistant Attorney General 450 James Robertson Parkway Nashville, Tennessee JAMES G. WOODALL District Attorney General DONALD H. ALLEN Asst District Attorney General P.O. Box 2825 Jackson, Tennessee Judge: BIRCH First Paragraph: Pursuant to a plea bargain agreement, Terry L. Hicks, the appellant, entered a plea of guilty and was convicted of voluntary manslaughter, a Class C felony. The Range I punishment for this offense is three to six years; for Range II offenders, it is six to fifteen years. The plea agreement provided for a "hybrid" sentence: that is, Range II incarceration (ten years) coupled with Range I release eligibility (thirty percent). The trial court accepted the plea agreement and convicted Hicks of voluntary manslaughter. Adhering to the terms of the agreement, the trial court sentenced Hicks to the Department of Correction for ten years as a Range I standard offender with a release eligibility of thirty percent. AFFIRMED. URL:http://www.tba.org/tba_files/TSC/HICKSTL_OPN.WP6
SHEILA I. LAWSON
vs.
LEAR SEATING CORPORATION
Court:TSC
Attorneys:
For Appellant: For Appellee:
ROBERT D. VAN DE VUURST ROBERT C. EDWARDS
STEVEN H. TRENT Knoxville, TN
Johnson City, TN
Judge: BIRCH
First Paragraph:
In this case, the Special Workers' Compensation Appeals Panel
concluded that Sheila I. Lawson, the employee, failed to commence her
action for benefits within one year of the accident causing injury.
After a thorough review of the record, we find that Lawson commenced
her action within the applicable period of limitations. DECISION OF
THE PANEL REVERSED; JUDGMENT OF THE TRIAL COURT AFFIRMED.
URL:http://www.tba.org/tba_files/TSC/LAWSONL_OPN.WP6
DEBBIE PROFFITT RAY
vs.
DAVID ANTHONY RAY
Court:TCA
Attorneys:
TOM McFARLAND OF KINGSTON and VIVIAN CRANDALL OF OAK RIDGE
FOR APPELLANT
ROBERT R. SIMPSON OF KNOXVILLE FOR APPELLEE
Judge: Goddard
First Paragraph:
In this post-divorce proceeding, David Anthony Ray appeals the Knox
County Circuit Court's granting of Debbie Proffitt Ray's petition for
a modification of Mr. Ray's child support payments. AFFIRMED IN PART;
MODIFIED IN PART; and REMANDED.
URL:http://www.tba.org/tba_files/TCA/RAYDEBB_OPN.WP6
ROY ROSE
vs.
TIPTON COUNTY PUBLIC WORKS
DEPARTMENT, JEFF HUFFMAN,
COUNTY EXECUTIVE, CURRIE
ERWIN, JAMES HARKNESS,
JOHN McINTYRE, JAMES OSBURN,
SHELBY ROSE, HAROLD TWISDALE,
CLIFFORD WILSON
Court:TCA
Attorneys:
Frank Deslauriers, Covington, Tennessee
Attorney for Plaintiff/Appellant.
James L. Holt, Jr.,
JACKSON, SHIELDS, YEISER & CANTRELL, Cordova, Tennessee
Duke H. Brasfield, Covington, Tennessee
Attorneys for Defendants/Appellees.
Judge: FARMER
First Paragraph:
In this action for breach of an employment contract, Plaintiff Roy
Rose appeals the trial court's order entering summary judgment in
favor of Defendants/Appellees Tipton County Public Works Department,
County Executive Jeff Huffman, and individual members of the Tipton
County Public Works Department Committee. The trial court granted the
Defendants' motion for summary judgment based on the court's
conclusion that an employee handbook distributed by the Public Works
Department in 1982, and revised in 1988, did not constitute an
employment contract. We affirm. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/ROSER_OPN.WP6
NORWOOD BRADY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Johnny D. Houston, Jr. John Knox Walkup
Attorney at Law Attorney General & Reporter
Suite 202, Flatiron Building
707 Georgia Avenue Timothy F. Behan
Chattanooga, TN 37402 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
William H. Cox III
District Attorney General
Leland Davis
Asst District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
Judge: SUMMERS
First Paragraph:
The appellant, Norwood Brady, was indicted for first degree murder. He
pled guilty to the lesser offense of second degree murder. He
received a fifty- year sentence. The appellant filed a petition for
post-conviction relief alleging that he received ineffective
assistance of counsel which resulted in an involuntary and unknowing
plea. In his petition he claimed his trial counsel was ineffective
for failing to allow him to participate in his defense and for failing
to adequately explain the consequences of his guilty plea. After a
hearing, the trial court dismissed the petition finding the
appellant's trial counsel effective and the appellant's plea knowing
and voluntary. He appeals the dismissal of his petition. Upon
review, we affirm. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BRADYNOR_OPN.WP6
LESLEY BUFORD
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant:
Lesley Buford, Pro Se
South Central Correction Facility
P.O. Box 279
Clifton, TN 38425-0279
For Appellee:
Charles W. Burson
Attorney General & Reporter
Robin L. Harris
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Judge: WADE
First Paragraph:
The petitioner, Lesley Buford, appeals the trial court's dismissal of
his petition for post-conviction relief. The single issue presented
for our review is whether the trial court erred by dismissing the
petition without any answer having been filed by the state, without
the appointment of counsel, or without an evidentiary hearing. Because
the issues raised in the petition can be conclusively determined in
favor of the state, we affirm the judgment of the trial court.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BUFORD_OPN.WP6
STATE OF TENNESSEE
vs.
RONALD JEFFERY DAVIS
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
GALE K. FLANARY JOHN KNOX WALKUP
Asst. Public Defender Attorney General and Reporter
P. O. Box 839
Blountville, TN 37617 DARIAN B. TAYLOR
Assistant Attorney General
Criminal Justice Division
STEPHEN M. WALLACE 450 James Robertson Parkway
Dist. Public Defender Nashville, TN 37243-0493
H. GREELEY WELLS, JR.
District Attorney General
NANCY S. HARR
Asst. District Attorney General
Blountville, TN 37617
Judge: Hayes
First Paragraph:
The appellant, Ronald Jeffery Davis, was convicted by a jury in the
Sullivan County Criminal Court of attempted first degree murder.
Tenn. Code Ann. S 39-12-101 (1991); Tenn. Code Ann. S 39-13-202(a)(1)
(1994 Supp.). On appeal, he challenges the trial court's admission at
trial of a tape-recorded message, the trial court's admission of
testimony concerning a prior altercation between the appellant and the
victim, and the sufficiency of the evidence supporting the jury's
verdict. Following a thorough review of the record, we affirm the
judgment of the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/DAVIS_OPN.WP6
BILLY GROOMS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Billy Grooms, Pro Se John Knox Walkup
# 101022 Attorney General of Tennessee
S.T.S.R.C.F. and
Route 4, Box 600 Eugene Honea
Pikeville, TN 37367-9243 Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
Alfred C. Schmutzer, Jr.
District Attorney General
301 Sevier County Courthouse
Sevierville, TN 37862
and
James B. Dunn
Asst District Attorney General
339A East Main Street
Newport, TN 37821
Judge: Tipton
First Paragraph:
The petitioner, Billy Grooms, appeals as of right from the Cocke
County Circuit Court's denial of his third petition for
post-conviction relief which he filed in September 1994. He is
presently in the custody of the Department of Correction serving
concurrent life sentences resulting from his 1986 convictions on two
counts of first degree murder. The convictions and sentences were
affirmed on appeal. State v. Billy Grooms, No. 107, Cocke County
(Tenn. Crim. App. Mar. 26, 1986), app. denied (June 30, 1986). The
petitioner contends (1) that his petition is not barred by the three
year statute of limitations then existing for post-conviction claims
and (2) that he may still raise constitutional violations that were
previously unknown to him at the time of his earlier post-conviction
litigation. We disagree. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/GROOMSB_OPN.WP6
THOMAS FRANKLIN MYNATT
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Thomas Franklin Mynatt, pro se John Knox Walkup
Route 4, Box 600 Attorney General & Reporter
Pikeville, TN 37367
Michael J. Fahey, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
City-County Building
Knoxville, TN 37902
Judge: SUMMERS
First Paragraph:
The appellant, Thomas Franklin Mynatt, appeals pro se from a judgment
entered by the Knox County Criminal Court. The appellant's sole issue
on appeal is that the trial court committed plain error by not
indicating on the judgment the dates for which the appellant's
pretrial jail credit would apply. He requests that this Court remand
this case to the trial court for a hearing. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/MYNATTTF_OPN.WP6
ROBERT RAYFORD
vs.
ROBERT CONLEY, WARDEN
Court:TCCA
First Paragraph:
ORDER DENYING PETITION TO REHEAR: Upon consideration of the petition
to rehear, the Court finds the same to be without merit. The petition
to rehear is respectfully DENIED.
URL:http://www.tba.org/tba_files/TCCA/RAYFORDR_ORD.WP6
STATE OF TENNESSEE
vs.
DANIEL EDWARD RIFFEY
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Leslie S. Hale Charles W. Burson
Assistant Public Defender Attorney General & Reporter
P.O. Box 839
Blountville, TN 37617 Sarah M. Branch
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Edward E. Wilson
Asst. District Attorney General
P.O. Box 526
Blountville, TN 37617
Judge: WADE
First Paragraph:
The defendant, Daniel Edward Riffey, pled guilty to seven counts of
forgery. See Tenn. Code Ann. S 39-14-114. After classifying the
defendant as a Career Offender, the trial court imposed a sentence of
six years for each count, all to be served concurrently to each other
but consecutively to a prior ten-year sentence. The sole issue on
appeal is whether the trial court erred by denying probation. We find
no error and affirm the judgment of the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/RIFFEY_OPN.WP6
STATE OF TENNESSEE
vs.
LARRY GENE ROGERS
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
William C. Killian John Knox Walkup
Number One Oak Avenue Attorney General of Tennessee
Jasper, TN 37347 and
Michael J. Fahey, II
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
William H. Cox, III
District Attorney General
and
David W. Denney
Asst District Attorney General
600 Market Street, Suite 310
City-County Bldg.
Chattanooga, TN 37402
Judge: Tipton
First Paragraph:
The defendant, Larry Gene Rogers, was convicted upon his guilty pleas
in the Hamilton County Criminal Court of one count of theft of
property valued over ten thousand dollars, a Class C felony, and two
counts of theft of property valued over one thousand dollars, a Class
D felony. Pursuant to a plea bargain, he received three three-year
sentences with the Class D felonies to be served concurrently, but
consecutively to the Class C felony. The trial court ordered that the
defendant serve eleven months, twenty-nine days in confinement, then
be placed on unsupervised probation for the remainder of the six-year
effective sentence. The defendant appeals as of right regarding his
confinement, contending that the trial court erred (1) in considering
a statutory enhancement factor relative to the issue of confinement,
see T.C.A. S40-35-114(1), (2) in not affording the defendant the
statutory presumption in favor of alternative sentencing, see T.C.A.
S40-35-102(6), and (3) in concluding that the confinement was
necessary to avoid depreciating the seriousness of the offenses. See
T.C.A. S40-35-103(1)(B). We affirm the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/ROGERS_OPN.WP6
DONNIE RAY SEALS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
William A. Zierer John Knox Walkup
Attorney at Law Attorney General & Reporter
124 W. Main Street
P.O. Box 1276 Robin L. Harris
Morristown, TN 37816-1276 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
C. Berkeley Bell, Jr.
District Attorney General
Victor J. Vaughn
Asst District Attorney General
109 S. Main Street, Suite 501
Greeneville, TN 37743
Judge: SUMMERS
First Paragraph:
The appellant, Donnie Ray Seals, pled guilty to one count of second
degree murder and three counts of aggravated assault. He was
sentenced to fifteen years for second degree murder and three years
for each aggravated assault conviction at 30% as a standard offender.
The sentences were ordered to run concurrently. The appellant filed a
pro se petition for post-conviction relief alleging ineffective
assistance of counsel, and counsel was appointed for the appellant's
post-conviction hearing. The hearing court denied relief. The
appellant appeals this denial. We affirm. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/SEALSDR_OPN.WP6
STATE OF TENNESSEE
vs.
MICHAEL STAMM
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
NATALEE STAATS HURLEY CHARLES W. BURSON
Asst. District Public Defender Attorney General & Reporter
419 High Street
Maryville, TN 37804 LISA A. NAYLOR
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
MICHAEL L. FLYNN
District Attorney General
PHILIP MORTON
Asst. District Attorney General
Blount County Courthouse
Maryville, TN 37801
Judge: WITT
First Paragraph:
Appellant, Michael Stamm, appeals the sentence imposed by the Circuit
Court of Blount County following his guilty plea to sale of cocaine, a
Class B felony. The court imposed a ten year sentence on appellant, a
Range I offender, to be served in custody of the Tennessee Department
of Corrections. In imposing this sentence, the court relied on
appellant's criminal history as an enhancing factor and the lack of a
violent act and appellant's voluntary submission to drug
rehabilitation following his apprehension as mitigating factors. In
this direct appeal, appellant contends the trial court erred in
sentencing him to serve time in custody of the Department of
Corrections, rather than ordering an alternative sentence in the
Community Corrections Program. On review of the record before us, we
affirm the sentence imposed by the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/STAMM_OPN.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: