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TBALink Opinion-Flash
June 5, 1997 -- Volume #3 -- Number #058
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
- 03-New Opinions From TSC-Workers Comp Panel
- 05-New Opinions From TCA
- 20-New Opinions From TCCA
- 00-New Opinions From TSC
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plain text version of the opinion.
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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
VERNON HARRIS vs. BURLINGTON INDUSTRIES, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Shannon D. Faulkner, III J. Eddie Lauderback Gilbert & Faulkner Herndon, Coleman, Brading & McKee Suite 625 104 E. Main Street 625 Gay Street P. O. Box 1160 Knoxville, TN 37902 Johnson City, TN 37605-1160 Judge: INMAN First Paragraph: The appellant recognizes the established rule in this State that a second injury is not compensable unless there is evidence of an anatomical change, Cunningham v. Goodyear, 841 S.W.2d 888 (Tenn. 1991), but insists the rule should not have been applied in this case. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/HARRIS_OPN.WP6
WALTER L. LOWE
vs.
JEFFERSON CITY ZINC
and
DINA TOBIN, DIRECTOR OF THE
SECOND INJURY FUND
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellees:
Daniel H. Rader III David H. Dunaway
P.O. Box 3347 P.O. Box 231
Cookeville, TN 38502 LaFollette, TN 37766
A. Benjamin Strand Sandra E. Keith
P.O. Box 219 1510 Parkway Towers
Dandridge, TN 37725 404 James Robertson Parkway
Nashville, TN 37243-0499
Judge: THAYER
First Paragraph:
This appeal has been perfected by the employer, Jefferson City Zinc,
later identified by stipulation as Savage, Inc., from a ruling by the
trial court that the employee, Walter P. Lowe, was totally and
permanently disabled as a result of a work-related accident which
occurred on October 22, 1992. AFFIRMED.
URL:http://www.tba.org/tba_files/TSC_WCP/LOWE_OPN.WP6
VIRGIL RAINEY
vs.
OAK RIDGE SCHOOLS
and
DINA TOBIN, DIRECTOR, DIVISION
OF WORKERS' COMPENSATION,
TENNESSEE DEPARTMENT OF
LABOR, SECOND INJURY FUND
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee-- For the Appellee--
Second Injury Fund: Oak Ridge Schools
Bruce D. Fox John Knox Walkup Pamela L. Reeves
Ridenour, Ridenour & Fox Attorney General P.O. Box 131
108 S. Main Street Knoxville 37717
P. O. Box 530 Dianne Stamey Dycus
Clinton, TN 37717-0530 Senior Counsel
Civil Division
1510 Parkway Towers
404 James Robertson Pkwy
Nashville, TN 37243-0499
Judge: INMAN
First Paragraph:
The plaintiff alleged that on February 15, 1994, during the course of
his employment as a janitor, he suffered a lumbar strain while lifting
a trash barrel which resulted in permanent, partial disability.
AFFIRMED.
URL:http://www.tba.org/tba_files/TSC_WCP/RAINEY_OPN.WP6
EDWARD J. EYRING, M.D.
vs.
FORT SANDERS PARKWEST MEDICAL
CENTER, INC., and FORT SANDERS
ALLIANCE, INC.
Court:TCA
Attorneys:
JOHN K. KING and ALAN PARKER, Lewis, King, Krieg, Waldrop and Catron,
Knoxville for Appellant.
FOSTER D. ARNETT and RICK POWERS, Arnett, Draper and Hagood,
Knoxville, for Appellees.
Judge: McMurray
First Paragraph:
We are primarily called upon in this appeal to decide whether the
Tennessee Peer Review Law of 1967 (T.C.A. S 63-6-219) (the Law) grants
immunity to hospitals for actions taken against physicians upon
recommendations of peer review boards or committees. For reasons
hereinafter stated, we believe that the law was intended to, and does,
grant hospitals such immunity. We affirm the judgment of the trial
court. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/EYRING2_OPN.WP6
CHRISTOPHER BRIAN MINNICH
vs.
NANCY GRAVES ROBERSON
Court:TCA
Attorneys:
JEAN MUNROE and LAURA RULE HENDRICKS, Knoxville, for Appellant.
SCHARLETT A. BEATY, Knoxville, for Appellee
Judge: McMurray
First Paragraph:
This is an appeal from the judgment of the trial court granting joint
custody of the parties' minor children to the parties, with the
husband having primary residential custody. For reasons hereinafter
stated, we affirm the judgment of the trial court. AFFIRMED AND
REMANDED.
URL:http://www.tba.org/tba_files/TCA/MINNICH_OPN.WP6
LINDA MOORE
vs.
DAVID TATE and TATE AUTO
REPAIRS, INC.
Court:TCA
Attorneys:
For Appellant: For Appellees:
LINDA MOORE, Pro Se DAVID S. CLARK
Harriman, Tennessee David S. Clark & Associates
Oak Ridge, Tennessee
Judge: Susano
First Paragraph:
This case originated in the Anderson County General Sessions Court.
That court found adverse to the plaintiff Linda Moore, and she
appealed to the Circuit Court (hereafter referred to as "the trial
court"). The trial court dismissed Ms. Moore's appeal with prejudice,
finding that she was not present when her case was called for trial.
AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/MOOREL_OPN.WP6
NATIONSBANK OF TENNESSEE
vs.
JDRC CORPORATION, a/k/a JDRC
DEVELOPMENT CORPORATION and
BERNARD ARMSTRONG
Court:TCA
Attorneys:
For Appellants: For Appellee:
DAVID L. BACON DEAN B. FARMER
Knoxville, Tennessee W. TYLER CHASTAIN
Hodges, Doughty & Carson, PLLC
Knoxville, Tennessee
Judge: Susano
First Paragraph:
NationsBank of Tennessee ("the Bank") sued the defendants JDRC
Corporation (JDRC) and Bernard Armstrong (Armstrong) to recover on two
notes executed by JDRC and personally guaranteed by Armstrong, JDRC's
president. JDRC and Armstrong filed a counterclaim for damages
alleging that the Bank had "breach[ed]... the financing agreement
between the parties and... the implied obligation of good faith." The
trial court granted the Bank summary judgment on its original
complaint. The issue of liability having been found adverse to the
defendants, the parties agreed that the amount due on the notes was
$1,000,000. The trial court also found that the Bank was entitled to
summary judgment on the counterclaim, and accordingly dismissed that
action. JDRC and Armstrong appealed the dismissal of their
counterclaim. The only issue before us is whether there are disputed
facts that render summary judgment on the counterclaim inappropriate.
VACATED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/NATIONSB_OPN.WP6
IN RE: ESTATE OF CARL PARROTT
WANDA P. PATTERSON,
CO-EXECUTOR
vs.
JERRY K. GALYON,
CO-EXECUTOR
Court:TCA
Attorneys:
RONALD L. GRIMM, Ambrose, Wilson, Grimm and Durand, Knoxville, for
appellants, Wanda P. Paterson, Bonnie Shipman, Floyd Parrot, W. E.
Parrott and Roy Parrott.
STEVEN E. MARSHALL, Marshall and Delius, Sevierville, for Jerry K.
Galyon, co-executor.
NORMA McGEE OGLE, Ogle, Wynn & Rader, Sevierville, for Betty Jean
Latham.
Judge: McMurray
First Paragraph:
This is a declaratory action wherein the parties seek to have a
portion of the will of Carl Parrott, deceased, construed by the court.
Carl Parrott died testate on February 20, 1990. His Last Will and
Testament was executed on January 3, 1983, and named his attorney,
Jerry K. Galyon, and his daughter, Wanda Parrott Patterson,
co-executors. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/PARROTT_OPN.WP6
STATE OF TENNESSEE
vs.
GORDON SCOTT ALDRIDGE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIAM H. BELL JOHN KNOX WALKUP
114 South Main Street Attorney General & Reporter
Greeneville, TN 37743
TIMOTHY F. BEHAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
C. BERKELEY BELL
District Attorney General
CECIL C. MILLS, JR.
Asst District Attorney General
113 West Church Street
Greeneville, TN 37743
Judge: WOODALL
First Paragraph:
The Defendant, Gordon Scott Aldridge, appeals as of right pursuant to
Rule 3 of the Tennessee Rules of Appellate Procedure. Following a
jury verdict, he was found guilty of driving under the influence of an
intoxicant. The offense occurred in February 1995. In addition to
challenging the sufficiency of the evidence in this appeal, the
Defendant argues in three (3) separate issues that the trial court
erred in admitting the results of his blood alcohol test because (1)
the Defendant was not competent to execute the implied consent form
allowing the blood alcohol test; (2) the Defendant was not able to
have an independent analysis of his blood alcohol content; and (3) the
vial used to contain the blood alcohol sample was not tamper proof.
Finding no merit to any of Defendant's issues, we affirm the judgment
of the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/ALDRIDGS_OPN.WP6
RONALD L. COX
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
RONALD COX CHARLES W. BURSON
Pro Se Attorney General and Reporter
Unit 3B/Route 1
T.C.I.P CLINTON J. MORGAN
Only, TN 37140 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
WILLIAM L. GIBBONS
District Attorney General
ROBERT CARTER
Assistant District Attorney
201 Poplar Avenue
Memphis, TN 38103
Judge: SMITH
First Paragraph:
Appellant Ronald L. Cox appeals from the trial court's dismissal of
his pro se petition for the writ of habeas corpus. In May 1995,
Appellant filed a petition for the writ of habeas corpus alleging that
in October 1989 he entered into a plea agreement with the State
whereby he pled guilty to two counts of robbery, one count of
aggravated robbery, and one count of aggravated assault in exchange
for an effective sentence of ten years, Range 1, at thirty percent.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/COXRON_OPN.WP6
STATE OF TENNESSEE
vs.
TERRENCE L. DAVIS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LESLIE I. BALLIN JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
MARK A. MESLER WILLIAM DAVID BRIDGERS
Attorney at Law Assistant Attorney General
Ballin, Ballin & Fishman, P.C. 450 James Robertson Parkway
200 Jefferson Avenue Nashville, TN 37243-0493
Suite 1250
Memphis, TN 38103 JOHN W. PIEROTTI
District Attorney General
THOMAS D. HENDERSON
Asst District Attorney General
JENNIFER NICHOLS
Asst District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103-1947
Judge: WOODALL
First Paragraph:
The Defendant, Terrence Davis, appeals as of right pursuant to Rule 3
of the Tennessee Rules of Appellate Procedure. He was convicted by a
jury of first degree murder in the Shelby County Criminal Court, and
sentenced to life imprisonment. In addition to challenging the
sufficiency of the evidence, Defendant argues that the trial court
committed reversible error by: (1) refusing to suppress the statement
given by Defendant on November 8, 1993; (2) refusing to permit
Defendant to introduce into evidence a letter written by the victim's
mother; (3) allowing certain photographs of the victim to be admitted
into evidence; (4) allowing opinion testimony of a non-expert witness
regarding discipline to be admitted into evidence; (5) requiring
Defendant to provide to the State an investigative report prepared by
a defense witness; and (6) administering the oath to the grand jury
foreperson in the jury's presence during the trial. We affirm the
judgment of the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/DAVISTL_OPN.WP6
STATE OF TENNESSEE
vs.
TERRY ALLEN DOMINY
WITH DISSENTING OPINION
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Shara A. Flacy Charles W. Burson
District Public Defender Attorney General & Reporter
William C. Bright Michael E. Moore
Assistant Public Defender Solicitor General
P.O. Box 1208
Pulaski, TN 38478 Gordon W. Smith
Associate Solicitor General
500 Charlotte Avenue
Nashville, TN 37243-0497
T. Michael Bottoms
District Attorney General
P.O. Box 459
Lawrenceburg, TN 38464
Stella L. Hargrove and
James G. White II
Asst District Attorneys General
Maury County Courthouse Annex
Columbia, TN 38401
Judge: SUMMERS
First Paragraph:
A jury convicted the appellant, Terry Allen Dominy, of three counts of
aggravated rape. He was sentenced to twenty-five years on each count.
The sentences were ordered to run consecutively. He raises seventeen
issues on appeal. Upon review, we reverse and remand for substitution
of three spousal rape convictions and sentencing. REVERSED AND
REMANDED FOR SENTENCING.
URL:http://www.tba.org/tba_files/TCCA/DOMINYT_OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/DOMINYT_DIS.WP6
STATE OF TENNESSEE
vs.
MICHAEL D. FRAZIER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GREGORY P. ISAACS JOHN KNOX WALKUP
1 Centre Square Attorney General and Reporter
Second Floor
Knoxville, TN 37902 TIMOTHY F. BEHAN
Assistant Attorney General
RONALD A. RAYSON 450 James Robertson Parkway
1 Centre Square Nashville, TN 37243-0493
Second Floor
Knoxville, TN 37902 RANDALL E. NICHOLS
District Attorney General
WILLIAM H. CRABTREE
Assistant District Attorney
City-County Building
Knoxville, TN 37902
SALLY JO HELM
Assistant District Attorney
City-County Building
Judge: WITT
First Paragraph:
The appellant, Michael Frazier, appeals from the sentencing judgment
of the Criminal Court of Knox County. He was tried for attempt to
commit murder in the first degree and was convicted of attempt to
commit voluntary manslaughter, a Class D felony. The appellant
received a sentence of four years as a standard (Range I) offender.
On appeal the following issues are raised: (1) sentencing at the
maximum time within the range and (2) the denial of probation.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/FRAZIERM_OPN.WP6
MARK STEVEN GRIMSLEY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JERRY H. SUMMERS JOHN KNOX WALKUP
Summers & Wyatt, P.C. Attorney General and Reporter
500 Lindsay Street
Chattanooga, TN 37402 MICHAEL J. FAHEY, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
WILLIAM H. COX, III
District Attorney General
THOMAS J. EVANS
Asst District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
LEROY PHILLIPS
Special Prosecutor
312 Vine Street
Chattanooga, TN 37402
Judge: CLARK
First Paragraph:
Defendant appeals as of right from the trial court's denial of
probation after his plea of guilty to two counts of solicitation to
commit second degree murder. He raises five issues for consideration.
We affirm the judgment of the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/GRIMSLEY_OPN.WP6
SHERMAN A. HENDERSON
vs.
BILLY COMPTON, WARDEN
Court:TCCA
First Paragraph:
This matter is before the Court upon the state's motion to dismiss the
above-captioned appeal. The petitioner filed a petition for writ of
habeas corpus in the trial court claiming that his sentence should be
recalculated due to the denial of certain sentencing credits. It
appears the petitioner was originally convicted of first degree murder
and sentenced to life imprisonment in January, 1980. The trial court
denied the petition. The petitioner timely filed notice of appeal,
and both the record and petitioner's brief have already been filed
with this Court.
URL:http://www.tba.org/tba_files/TCCA/HENDER-S_ORD.WP6
STATE OF TENNESSEE
vs.
MICHAEL WAYNE HENRY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
C. MICHAEL ROBBINS JOHN KNOX WALKUP
202 S. Maple, Suite C Attorney General & Reporter
Covington, TN 38019
(Appellate Counsel) KENNETH W. RUCKER
Assistant Attorney General
JOSEPH P. ATNIP Criminal Justice Division
District Public Defender 450 James Robertson Parkway
JAMES D. KENDALL Nashville, TN 37243-0493
Assistant Public Defender
P.O. Box 734 THOMAS A. THOMAS
Dresden, TN 38225 District Attorney General
(Trial Counsel) HEARD B. CRITCHLOW
Asst. District Attorney General
JAMES T. CANNON
Asst. District Attorney General
414 So. Fourth
P.O. Box 218
Union City, TN 38261-0218
Judge: WITT
First Paragraph:
The defendant , Michael Wayne Henry, was convicted in a jury trial in
the Obion County Criminal Court of the sale of more than .5 grams of
cocaine, a Class B felony, and of a second sale of less than .5 grams
of cocaine, a Class C felony. For the Class B felony, he received a
nine- year sentence as a standard, Range I offender and a fine of
$1,000. For the Class C felony, he received a concurrent seven-year
sentence as a Range II offender. In this direct appeal, the
defendant challenges the sufficiency of the evidence and contends that
his sentences are excessive. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/HENRY_OPN.WP6
WILLIAM JONES
vs.
JACK MORGAN, Warden,
Nashville Community Service
Center, DONAL CAMPBELL,
Corrections Commissioner, and
the TENNESSEE DEPARTMENT
OF CORRECTION
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
William Jones, Pro Se John Knox Walkup
No. 85426 Attorney General of Tennessee
NCSC 7466 Centennial Blvd. and
Nashville, TN 37209-1052 Patricia C. Kussmann
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
Washington Square
222 2nd Avenue North
Nashville, TN 37201-1649
Judge: Tipton
First Paragraph:
The petitioner, William Jones, appeals as of right from the dismissal
of his petition for habeas corpus relief by the Davidson County
Circuit Court for failure to state grounds justifying the issuance of
a writ of habeas corpus. The petitioner is in the custody of the
Department of Correction serving an effective sentence of sixty-two
years for his 1977 convictions of second degree murder and armed
robbery. On appeal, the petitioner contends that his sentence has
been served, given the sentencing credits to which he claims
entitlement. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/JONES-W_OPN.WP6
STATE OF TENNESSEE
vs.
DONALD C. LEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Leslie M. Jeffress Charles W. Burson
Attorney at Law Attorney General & Reporter
1776 Riverview Tower
900 S. Gay Street Michael J. Fahey, II
Knoxville, TN 37902 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
Gregory H. Harrison
Asst District Attorney General
City-County Building
400 Main Street, P.O. Box 1468
Knoxville, TN 37901-1468
Judge: SUMMERS
First Paragraph:
The appellant, Donald C. Lee, was convicted by a jury of felony
murder, robbery, reckless endangerment, aggravated assault, and
vehicular homicide. He was sentenced to life for the felony murder
conviction. This sentence was ordered to run consecutively to the 37
years he received on the other convictions. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/LEEDONAL_OPN.WP6
STATE OF TENNESSEE
vs.
MARY ANN LINDER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN H. HENDERSON CHARLES W. BURSON
District Public Defender Attorney General & Reporter
C. DIANE CROSIER RUTH A. THOMPSON
Assistant Public Defender Assistant Attorney General
P.O. Box 68 450 James Robertson Parkway
Franklin, Tennessee 37065-0068 Nashville, Tennessee 37243 0493
JOSEPH D. BAUGH
District Attorney General
MARK PURYEAR
Asst District Attorney General
P.O. Box 937
Franklin, Tennessee 37065 0937
Judge: RILEY
First Paragraph:
Mary Ann Linder appeals as of right from a conviction of theft of
property under $500, a Class A misdemeanor. She pled guilty to the
offense and was sentenced to ten (10) months in the Williamson County
jail. The sentence was ordered to run consecutively to a seven (7)
year sentence for an earlier offense of theft over $1,000. The sole
issue presented for review is whether the imposed sentence is
excessive. We affirm the judgment of the trial court pursuant to Rule
20, Rules of the Tennessee Court of Criminal Appeals. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/LINDER_OPN.WP6
STATE OF TENNESSEE
vs.
DEREK MANNS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Frank Deslauriers Charles W. Burson
Attorney at Law Attorney General
P. O. Box 1156
Covington, TN 38019 Rebecca L. Gundt
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Larry Hardister
District Attorney General
109 E. First Street
Trenton, TN 38382
Judge: SCOTT
First Paragraph:
This is an appeal of a certified question of law pursuant to Tenn. R.
App. P. 37 (b)(2)(i). AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/MANNSD_OPN.WP6
STATE OF TENNESSEE
vs.
BASIL MATHIS
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Clifford K. McGown, Jr. (trial only) John Knox Walkup
113 North Court Square Attorney General and Reporter
Waverly, TN 37185 and
and Daryl J. Brand
Jim Sowell (appeal only) Assistant Attorney General
118 North Main Street 450 James Robertson Parkway
Dickson, TN 37055 Nashville, TN 37243-0493
Dan Mitchum Alsobrooks
District Attorney General
and
George C. Sexton
Asst District Attorney General
Second Floor
Humphreys County Courthouse
Waverly, TN 37185
Judge: Tipton
First Paragraph:
Defendant, Basil Mathis, was convicted by a jury in the Houston County
Circuit Court of attempted first degree murder, a Class A felony, and
sentenced to twenty (20) years in the Tennessee Department of
Correction. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/MATHISB_OPN.WP6
STATE OF TENNESSEE
vs.
JASON MORIN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
TIMOTHY JOEL WILLIAMS JOHN KNOX WALKUP
147 Jefferson Avenue, Suite 909 Attorney General & Reporter
Memphis, TN 38103
S. SCOTT JACKSON
Assistant Attorney General
500 Charlotte Avenue
Nashville, TN 37243-0491
JOHN W. PIEROTTI
District Attorney General
JUDSON W. PHILLIPS
Asst District Attorney General
201 Poplar Avenue, 3rd Floor
Memphis, TN 38103
Judge: WOODALL
First Paragraph:
The Defendant appeals as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure. He was convicted of two counts of
aggravated assault and one count of reckless endangerment following a
jury trial in Shelby County Criminal Court. The Defendant was
sentenced to six (6) years on one aggravated assault charge and four
(4) years on the other aggravated assault charge to be served
concurrently. The Defendant was sentenced to two (2) years on the
reckless endangerment charge to run consecutively to the aggravated
assault sentences. He argues three issues in this appeal: (1) Whether
the trial court erred in disallowing cross examination concerning the
police pursuit policy; (2) whether the trial court erred in
instructing the jury that it could convict the Defendant on both
counts of the aggravated assault based upon one single transaction;
and (3) whether the trial court erred in sentencing the Defendant to
consecutive sentences. As modified, we affirm the judgment of the
trial court. AFFIRMED AS MODIFIED.
URL:http://www.tba.org/tba_files/TCCA/MORINJ_OPN.WP6
STATE OF TENNESSEE
vs.
JOE NATHAN NICHOLS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LLOYD R. TATUM JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
124 East Main Street
P.O. Box 293 ELLEN H. POLLACK
Henderson, TN 38340 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
ELIZABETH T. RICE
District Attorney General
ED NEAL McDANIEL
Asst District Attorney General
300 Industrial Park Drive
P.O. Box 473
Selmer, TN 38375
Judge: WOODALL
First Paragraph:
The Defendant appeals as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure. The Defendant was convicted by a jury
of Delivery of Schedule II Drugs, cocaine, less than 0.5 grams in the
Circuit Court of McNairy County. He was sentenced to three years and
six months as a Range I Standard Offender. The Defendant argues two
issues in his appeal. The first issue is whether the Defendant's
conviction is barred by the Double Jeopardy provisions of the United
States and Tennessee Constitutions. His second issue is whether the
evidence was sufficient to support his conviction. We affirm the
judgment of the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/NICHLSJN_OPN.WP6
STATE OF TENNESSEE
vs.
ROBERT ENLO SOWELL, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN T. CONNERS, III CHARLES W. BURSON
134 Riverwood Drive Attorney General and Reporter
Franklin, TN 37069
EUGENE J. HONEA
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
VICTOR S. JOHNSON
District Attorney General
JON SEABORG
Asst District Attorney General
Washington Square, Suite 500
222 Second Ave. North
Nashville, TN 37201-1649
Judge: WELLES
First Paragraph:
This is an appeal pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure. The issue raised in this appeal is whether the
trial judge erred or abused his discretion in denying the Defendant's
petition to suspend the balance of his effective six-year sentence
without conducting a hearing on the merits of the petition. We have
determined that this appeal should be dismissed. APPEAL DISMISSED.
URL:http://www.tba.org/tba_files/TCCA/SOWELL_OPN.WP6
CLIFFORD L. TAYLOR
vs.
STATE OF TENNESSEE
Court:TCCA
First Paragraph:
This matter is before the Court upon the state's motion, pursuant to
Rule 20, Rules of the Court of Criminal Appeals, to affirm the
judgment of the trial court in this case by order rather than formal
opinion. The above-captioned case represents an appeal from the trial
court's denial of the petitioner's petition for writ of habeas corpus.
The record was filed on March 7, 1997, and the petitioner filed his
brief on April 4, 1997. The petitioner is currently serving a life
sentence, having been found to be a habitual criminal, pursuant to
T.C.A. S 39 1-806 (repealed 1989), in 1980. The petitioner contends
that the enhanced punishment provided by this statute violates the
doctrine of collateral estoppel under the double jeopardy clause of
the federal and state constitutions.
URL:http://www.tba.org/tba_files/TCCA/TAYLO-CL_ORD.WP6
GREGORY THOMPSON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Robert J. Warner Charles W. Burson
Boult, Cummings, Conners, & Berry Attorney General & Reporter
414 Union Street, Ste. 1600
P.O. Box 198062 Kimberly A. Chance
Nashville, TN 37219 Assistant Attorney General
450 James Robertson Parkway
Joseph E. Ford Nashville, TN 37243-0493
McBee & Ford
17 S. College Street C. Michael Layne
Winchester, TN 37398 District Attorney General
307 S. Woodland
P.O. Box 147
Manchester, TN 37355
Stephen Weitzman
Asst. District Attorney General
307 S. Woodland
P.O. Box 147
Manchester, TN 37355
Judge: WADE
First Paragraph:
The petitioner, Gregory Thompson, appeals the trial court's denial of
post-conviction relief. The petitioner was convicted of first degree
murder. The jury sentenced the petitioner to death based upon three
aggravating circumstances: (1) that the murder was heinous,
atrocious or cruel in that it involved torture or depravity of mind;
(2) that the murder was committed to avoid prosecution; and (3) that
the murder was committed while the defendant was committing a robbery
or kidnapping. Tenn. Code Ann. S 39-2-203(i)(5), (6), and (7)
(repealed 1989). Our supreme court affirmed the conviction and
sentence on February 27, 1989. State v. Thompson, 768 S.W.2d 239
(Tenn. 1989). In 1990, the petitioner filed this petition for
post-conviction relief. At the conclusion of an evidentiary hearing
several years later, the trial court denied the claim. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/THOMPSN2_OPN.WP6
STATE OF TENNESSEE
vs.
THOMAS TOMLIN
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
JOYCE DIANE STOOTS CHARLES W. BURSON
Assistant Public Defender Attorney General and Reporter
107 South Court Square
Trenton, TN 38382 DEBORAH A. TULLIS
Assistant Attorney General
Criminal Justice Division
TOM W. CRIDER 450 James Robertson Parkway
District Public Defender Nashville, TN 37243-0493
CLAYBURN PEEPLES
District Attorney General
SARAH LEVY
Asst. District Attorney General
110 College St., Suite 200
Trenton, TN 38382
Judge: Hayes
First Paragraph:
The appellant, Thomas Tomlin, was convicted by a Gibson County jury of
sale of cocaine, a class C felony. The trial court sentenced the
appellant to four years incarceration in the Tennessee Department of
Correction. On appeal, the appellant challenges the sufficiency of
the evidence supporting the jury's verdict. Specifically, he contends
that the State failed to establish beyond a reasonable doubt the
identity of the perpetrator. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/TOMLINT_OPN.WP6
RICK F. VAULTON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
THERESA W. DOYLE CHARLES W. BURSON
211 Printer's Alley Building Attorney General & Reporter
Suite 400
Nashville, TN 37201 PETER COUGHLAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
VICTOR S. JOHNSON
District Attorney General
ROGER MOORE
Asst District Attorney General
Washington Square, Suite 500
222 Second Avenue, North
Nashville, TN 37201-1649
Judge: WELLES
First Paragraph:
The Defendant appeals as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure from the trial court's denial of his
petition for post-conviction relief. The Defendant was originally
indicted on eleven counts of aggravated robbery and three counts of
especially aggravated kidnaping. He subsequently pleaded guilty to
four counts of aggravated robbery and one count of especially
aggravated kidnaping. Pursuant to the plea agreement, he was
sentenced as a Range II multiple offender to twenty years for each of
the aggravated robbery convictions and twenty-five years for the
especially aggravated kidnaping conviction, all to be served
concurrently. After conducting a hearing on the post-conviction
petition, the trial judge denied the Defendant's claim of ineffective
assistance of counsel relative to his guilty pleas and dismissed his
petition. We affirm the judgment of the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/VAULTORF_OPN.WP6
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