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CLARK VANN LUNSFORD vs. SHAW INDUSTRIES, INC Court:TSC - Workers Comp Panel Attorneys: For the Appellant For the Appellee: C. Douglas Dooley David E. Harrison D. Scott Bennett Ninth Floor, Republic Centre Third Floor, Pioneer Bank Bldg. 633 Chestnut Street Chattanooga, TN 37402 Chattanooga, TN 37450 Judge: THAYER First Paragraph: The issue in this case involves the enforcement of payment of post-trial medical expenses. The trial court found the employer, Shaw Industries, Inc., in contempt for unreasonable delay in paying post-judgment medical expenses. The only sanction the court imposed was an award of attorney’s fees to the employee, Clark Vann Lunsford, as the hearing revealed the medical expenses originally in dispute were paid shortly prior to the hearing. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TSC_WCP/LUNSFORD_OPN.WP6 EMMA LOU CROWE vs. JAMES CRAIG, M.D., THE JACKSON CLINIC, and CONNIE GALBRAITH Court:TCA Attorneys: DUNCAN E. RAGSDALE THOMAS H. RAINEY 100 N. Main St., Ste. 2340 ANGELA C. YOUNGBERG Memphis, TN 38103 Rainey, Kizer, Butler, Reviere & Attorney for Appellant Bell, P.L.C. 105 S. Highland Ave. Jackson, TN 38301 Attorneys for Appellees Judge: INMAN First Paragraph: This action for damages for medical malpractice was dismissed on motion for summary judgment. We affirm. URL:http://www.tba.org/tba_files/TCA/CROWE_OPN.WP6 DIANA AYCOCKE FLANAGAN vs. JAMES WILLIAM FLANAGAN Court:TCA Attorneys: For Appellant For Appellee KEVIN W. SHEPHERD PERRY P. PAINE, JR. Maryville, Tennessee Paine, Garrett & Bray Maryville, Tennessee Judge: Susano First Paragraph: This is a divorce case. The trial court granted the plaintiff Diana Aycocke Flanagan (Wife) an absolute divorce from the defendant James William Flanagan (Husband). Husband appealed, arguing (1) that Wife did not prove she was entitled to a divorce on the ground of inappropriate marital conduct; and (2) that the trial court’s division of property was inequitable or otherwise contrary to law. VACATED IN PART MODIFIED IN PART AFFIRMED IN PART REMANDED. URL:http://www.tba.org/tba_files/TCA/FLANAGAN_OPN.WP6 ANTHONY P. GUILIANO vs. CLEO INC. Court:TCA Attorneys: Frank L. Watson, III; Waring Cox, PLC of Memphis For Appellee James H. Stock, Jr. and George H. Rieger, II; Weintraub, Robinson, Weintraub, Stock, Bennett, Ettingoff & Grisham, P.C. of Memphis For Appellant Judge: CRAWFORD First Paragraph: This is a breach of an employment contract case. Defendant, Cleo, Inc. (Cleo), appeals the order of the trial court granting summary judgment in favor of plaintiff, Anthony P. Guiliano (Guiliano). REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/GUILIANO_OPN.WP6 LORRAINE BURTON SPIERS MARCUS vs. TRENT WRIGHT MARCUS Court:TCA Attorneys: LORRAINE SPIERS MARCUS DANIEL LOYD TAYLOR 370 Silver Plus Cove #8 CRAIG B. FLOOD, II Collierville, TN 38017 100 North Main Street Pro Se Appellant Suite 2400 Memphis, TN 38103 Attorneys for Appellee Judge: INMAN First Paragraph: This case is a procedural quagmire. The dispositive issue on appeal, though not of the merits, of the case, is whether the Chancellor was correct in declining to assume jurisdiction of it. REVERSED. URL:http://www.tba.org/tba_files/TCA/MARCUS_OPN.WP6 ROBERT HAROLD PILGRIM and wife, FRANCES PILGRIM vs. EDWARD H. FRAZIER Court:TCA Attorneys: JOHN W. PALMER MARK D. JOHNSTON The Palmer Law Firm 217 W. Market St. 116 W. Court St. Dyersburg, TN 38025-1326 P.O. Box 746 Attorney for Appellee Dyersburg, TN 38025 Attorney for Appellants Judge: INMAN First Paragraph: The plaintiffs filed suit on October 15, 1991 against the defendant for damages resulting from a traffic accident. An answer to the complaint was filed December 16, 1991. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/PILGRIM_OPN.WP6 JERE LYNN ROGERS and wife, CYNTHIA R. ROGERS vs. MARK W. DAVIS, individually and as Executor of the Estate of Winston C. Davis, Deceased, and TERESA DAVIS STEINBERG, MARGARET DAVIS PICKENS and GARY STEPHEN DAVIS Court:TCA Attorneys: J. PAYSON MATTHEWS W. BOYETTE DENTON 205 W. Market St. Denton & Cary P.O. Box 819 P.O. Box 306 Somerville, TN 38068 Bolivar, TN 38008 Attorney for Appellants Attorneys for Appellees Judge: INMAN First Paragraph: This is an action for specific performance of a contract dated March 6, 1994 for the sale of 13.5 acres of land. The propounded contract is a printed form, with various manuscripted provisions, some of which were canceled by line-drawing and some of which were interlined. In a reasonable light, the contract provides that the seller agrees to convey “15 acres in” Fayette County to Jere Lynn Rogers and wife Cynthia Ross Rogers for $40,000.00 cash at closing, less $500.00 earnest money, contingent upon the purchasers obtaining a loan within 20 days, and contingent “that the Winston Davis estate be closed by the projected closing date of this contract, 4-29 94.” AFFIRMED. URL:http://www.tba.org/tba_files/TCA/ROGERS_OPN.WP6 TAMMY BORING WILSON vs. TERRY LEE WILSON Court:TCA Attorneys: For Appellant For Appellee MARTHA MEARES R. D. HASH Maryville, Tennessee Maryville, Tennessee JOYCE, MEREDITH, FLITCROFT & NORMAND Oak Ridge, Tennessee Judge: Susano First Paragraph: This is a post-divorce dispute. The trial court awarded Tammy Boring McLeod, whose last name was formerly Wilson, a judgment for $3,386.15 against her former husband, Terry Lee Wilson, “for the sole and exclusive use and benefit of Misty Dawn Wilson as reimbursement for college expenses.” The trial court found this amount to be the college expenses incurred by the parties’ now-adult daughter, Misty, for three semesters of college. AFFIRMED, AS MODIFIED REMANDED. URL:http://www.tba.org/tba_files/TCA/WILSON_OPN.WP6 STATE OF TENNESSEE vs/ SHARON J. BELL, a.k.a. SHIRLEY BELL Court:TCCA Attorneys: For Appellant: For Appellee: Shipp R. Weems Charles W. Burson District Public Defender Attorney General & Reporter Steve Stack Bernard W. Greene Assistant Public Defender Assistant Attorney General P.O. Box 160 450 James Robertson Parkway Charlotte, TN 37036 Nashville, TN 37243-0493 Suzanne Lockert Asst District Attorney General 105 Sycamore Street Ashland, TN 37015 Judge: WADE First Paragraph: The defendant, Sharon Bell, was convicted of aggravated assault. Because the jury verdict did not indicate whether the defendant was guilty of Class C or Class D assault, the trial judge entered judgment for Class D aggravated assault and sentenced the defendant to two years in the workhouse. All but six months was suspended. The defendant is eligible for work release. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/BELLSJ_OPN.WP6 MAURICE BOOKER vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: John H. Henderson Charles W. Burson District Public Defender Attorney General & Reporter C. Diane Crosier Lisa A. Naylor Assistant District Public Defender Assistant Attorney General 407-C Main Street Criminal Justice Division P.O. Box 68 450 James Robertson Parkway Franklin, TN 37065-0068 Nashville, TN 37243-0493 Joseph D. Baugh, Jr. District Attorney General Derek K. Smith Asst District Attorney General Williamson County Courthouse Suite G-6 P.O. Box 937 Franklin, TN 37065-0937 Judge: SUMMERS First Paragraph: The appellant, Maurice Booker, was convicted of the sale of cocaine and conspiracy to sell or deliver cocaine. He received an effective sentence of twenty years. The appellant filed a petition for post-conviction relief alleging that the reasonable doubt instruction used at his trial was unconstitutional. After a hearing, his petition was denied. He appeals challenging the constitutionality of the reasonable doubt jury instruction. Upon review, we affirm. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/BOOKERMA_OPN.WP6 MAURICE BOOKER vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Shipp R. Weems Charles W. Burson District Public Defender Attorney General of Tennessee and and Robbie T. Beal Sarah M. Branch Assistant Public Defender Asst Attorney General of Tennessee P.O. Box 160 450 James Robertson Parkway Charlotte, TN 37036 Nashville, TN 37243-0493 Dan Mitchum Alsobrooks District Attorney General Court Square, P.O. Box 580 Charlotte, TN 37036-0580 George C. Sexton Asst District Attorney General Humphreys County Court House Waverly, TN 37185 Judge: Tipton First Paragraph: The petitioner, William Lee Bramlett, appeals as of right from the Humphreys County Criminal Court’s dismissal of his petition for post-conviction relief. The petitioner pled guilty to four counts of grand larceny, two counts of obtaining money under false pretenses, statutory rape, contributing to the delinquency of a minor, vandalism, forgery, passing a forged instrument, and three counts of passing worthless checks. In exchange for his pleas, he received an effective sentence of ten years for the various convictions, to be served under the Community Corrections Act of 1985, and the state agreed to the dismissal of several other charges. His community corrections sentence was eventually revoked, and the trial court ordered that he serve his ten-year sentence in the Department of Correction. On July 19, 1991, the petitioner filed a pro se petition for post-conviction relief. Although somewhat rambling, the petition alleged that the petitioner received ineffective assistance of counsel and entered an involuntary plea. The trial court summarily dismissed the petition. This court reversed the summary dismissal and remanded the case for the appointment of counsel. William Lee Bramlett v. State, No. 01C01-9202 CC-00049, Humphreys County (Tenn. Crim. App. May 19, 1994). After the appointment of counsel and an evidentiary hearing, the trial court denied the petition because it concluded that the petitioner understood the terms of his original plea and that his original counsel was effective in his pretrial preparation. The petitioner contests these findings and claims that the trial court improperly refused to grant his request for a copy of the transcript from his guilty plea submission hearing. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/BRAMLET_OPN.WP6 JASON JERMAINE DOBBINS vs. STATE OF TENNESSEE Court:TCCA 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. Specifically, the state argues that the trial court was without jurisdiction to consider the appellant’s petition for post-conviction relief on the merits because the one-year statute of limitation had run and the appellant cannot prove that his claim falls within one of the limited exceptions to the one-year statute of limitation under T.C.A. § 40-30-202(b). The appellant did not file a response to the state’s motion. We find that the case is not appropriate for affirmance under Rule 20. URL:http://www.tba.org/tba_files/TCCA/DOBBINS_ORD.WP6 STATE OF TENNESSEE vs. JAMES HOLLOWAY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Karl Dean Charles W. Burson District Public Defender Attorney General & Reporter Jeffrey A. Devasher Sarah M. Branch Senior Assistant Public Defender Counsel for the State 450 James Robertson Parkway Wendy S. Tucker Nashville, TN 37243 Assistant Public Defender 1202 Stahlman Building Victor S. (Torry) Johnson III Nashville, TN 37201 District Attorney General D. Paul DeWitt Asst District Attorney General Suite 500, Washington Square 222-2nd Avenue North Nashville, TN 37201-1649 Judge: SUMMERS First Paragraph: The appellant, James Holloway, pled guilty to second degree murder. He was sentenced to twenty-three years incarceration. He appeals alleging the trial court erred in imposing an excessive sentence. Upon review, we respectfully reverse the trial court and remand for a new sentencing hearing. REVERSED AND REMANDED AS TO SENTENCE. URL:http://www.tba.org/tba_files/TCCA/HOLLOWAY_OPN.WP6 STATE OF TENNESSEE vs. SHAWN HUFF Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CLEMENT DALE POTTER JOHN KNOX WALKUP District Public Defender Attorney General & Reporter MICAELA BURNHAM CLINTON J. MORGAN Assistant Public Defender Assistant Attorney General 314 West Main Street 450 James Robertson Parkway McMinnville, TN 37110 Nashville, TN 37243-0493 WILLIAM M. LOCKE District Attorney General LARRY G. ROSS Asst District Attorney General Professional Building P.O. Box 410 McMinnville, TN 37110-0410 Judge: WOODALL First Paragraph: The Petitioner 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 Petitioner pled guilty to aggravated robbery and was sentenced to eleven (11) years and six (6) months. He filed a petition for post-conviction relief on the grounds that he had ineffective assistance of counsel. The Petitioner argues in this court that his trial counsel was indeed ineffective and the Petitioner should be granted post-conviction relief. We affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/HUFFS_OPN.WP6 STATE OF TENNESSEE vs. WILLIAM CHARLES JONES Court:TCCA Attorneys: For the Appellant: For the Appellee: Claudia S. Jack John Knox Walkup 22 Public Square Attorney General and Reporter P.O. Box 827 Columbia, TN 38402 Timothy F. Behan Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 T. Michael Bottoms District Attorney General Samuel D. Kennedy Assistant District Attorney 10 Public Square P.O. Box 1619 Columbia, TN 38402 Judge: Barker First Paragraph: The appellant, William Charles Jones, appeals as of right his conviction for the offense of aggravated assault by a Maury County Circuit Court jury. The trial court sentenced the appellant to three years as a Range I standard offender, ordering him to serve six months of that sentence in jail and the remainder on probation. The jury imposed a $10,000.00 fine. In his sole issue on appeal, the appellant argues that comments made by the prosecutor during closing arguments amounted to prosecutorial misconduct. The appellant contends that the prosecutor's arguments were so improper, inflammatory, and prejudicial that he was denied due process of law. After a careful review of the record on appeal, we agree with the appellant. Accordingly, the appellant's conviction is reversed and a new trial ordered. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCCA/JONESWC_OPN.WP6 STATE OF TENNESSEE vs. CHRISTOPHER LANGLEY with DISSENTING OPINION Court:TCCA Attorneys: For the Appellant: For the Appellee: Charles W. Burson Dana C. Holloway Attorney General of 810 South Garden Street Tennessee P.O. Box 339 and Columbia, TN 38402-0339 Kimbra R. Spann Assistant Attorney General of Tennessee 450 James Robertson Parkway Nashville, TN 37243-0493 T. Michael Bottoms District Attorney General and Robert C. Sanders Assistant District Attorney General Maury County Courthouse Annex Building Columbia, TN 38401 Judge: Tipton First Paragraph: The state appeals as of right from the Maury County Circuit Court's imposing a minimum sentence upon the defendant, Christopher Langley, and granting him probation. The defendant was convicted in a jury trial of aggravated child abuse, a Class B felony, for which he received the minimum sentence of eight years for a Range I, standard offender. The state contends that the trial court erred in imposing a minimum sentence and granting probation given the presence of several enhancement factors and the seriousness of the offense. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/LANGLEYC_OPN.WP6 URL:http://www.tba.org/tba_files/TCCA/LANGLEYC_DIS.WP6 STATE OF TENNESSEE vs. JEROME PATRICK LYONS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Jerome Patrick Lyons, Pro Se Charles W. Burson 200 7th Street - Bell Buckle Attorney General & Reporter P.O. Box 0622 Shelbyville, TN 37160-0622 Georgia Blythe Felner Counsel for the State Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 William Michael McCown District Attorney General Robert G. Crigler Asst District Attorney General One Public Square, Suite 300 Shelbyville, TN 37160-3953 Judge: SUMMERS First Paragraph: The appellant, Jerome Patrick Lyons, was issued a speeding citation by Trooper Inman of the Tennessee Highway Patrol for traveling 81 m.p.h. in a 55 m.p.h. zone. After a preliminary hearing, he was bound over to the grand jury by the General Sessions Court. The grand jury indicted the appellant for speeding. The appellant chose to represent himself at trial. The jury found him guilty of speeding. The trial court entered judgment. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/LYONSJP_OPN.WP6 CURTIS NEWBERN vs. STATE OF TENNESSEE Court:TCCA First Paragraph: This matter is before the Court upon the state's motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The record was filed on February 20, 1997, and the petitioner filed his brief on April 17, 1997. The petitioner was originally indicted for aggravated rape in May 1987, and was subsequently found guilty of the same. This Court affirmed the conviction and sentence on direct appeal. State v. Curtis Newbern, No. 70 (Tenn. Crim. App., at Jackson, July 5, 1989). Thereafter, the petitioner filed a petition for post-conviction relief. The trial court denied the petition and this Court affirmed that judgment on appeal. Curtis Newbern v. State, No. 02C01-9106-CR-00143 (Tenn. Crim. App., June 10, 1992). URL:http://www.tba.org/tba_files/TCCA/Newbern2_ord.WP6 CURTIS NEWBERN vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM C. ROBERTS, JR. JOHN KNOX WALKUP Suite 1502, Parkway Towers Attorney General & Reporter Nashville, TN 37219 LISA A. NAYLOR Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 WILLIAM MICHAEL McCOWN District Attorney General 215 E. College, P.O. Box 904 Fayetteville, TN 37334 WEAKLEY E. BARNARD Asst. District Attorney General Marshall Co. Courthouse Room 407 Lewisburg, TN 37091 Judge: WITT First Paragraph: The petitioner, James E. Peden appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure from the Lincoln County Circuit Court's denial of post-conviction relief. On June 2, 1992, the petitioner pleaded guilty to three counts of aggravated assault, a Class C felony, one count of felony reckless endangerment, a Class E felony, and one count of indecent exposure, a Class A misdemeanor. In accordance with the plea agreement, the trial court sentenced the petitioner to an aggregate sentence of ten years as a Range I offender. The petitioner filed no direct appeal. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/PEDENJ_OPN.WP6 ROBERT LEE RAYFORD 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 through an order rather than a formal opinion. The record in this case was filed on February 26, 1997, and the petitioner filed his brief on April 11, 1997. In 1986, this Court affirmed the petitioner's convictions for aggravated rape and status as a habitual criminal. State v. Rayford, No. 38 (Tenn. Crim. App., at Jackson, April 2, 1986). The Supreme Court denied the petitioner's application for permission to appeal. In June of 1987, the petitioner filed a petition for post-conviction relief, claiming, in part, ineffective assistance of counsel. The trial court finally dismissed the petition in May 1991, but the petitioner did not appeal that dismissal. URL:http://www.tba.org/tba_files/TCCA/Rayford1_ord.WP6 ESTENICO SLAYTON vs. STATE OF TENNESSEE Court:TCCA First Paragraph: This matter is before the Court upon the state's motion requesting that the judgment in the above-captioned cause be affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. It appears the petitioner was sentenced on his guilty plea on January 6, 1995. The petitioner did not take a direct appeal, and did not file his petition for post-conviction relief until July 11, 1996. The petitioner filed an amended petition, by and through counsel, on September 6, 1996. The state filed an answer on September 10, 1996, and an amended answer on October 7, 1996. In its amended answer, the state claimed the petition was barred by the statute of limitation. The petitioner subsequently filed a motion to dismiss the amended answer claiming the state waived the statute of limitation defense by not raising it in the initial answer. The trial court ultimately dismissed the petition because it was filed outside the statute of limitation. URL:http://www.tba.org/tba_files/TCCA/Slayton4_ord.WP6 RICKY TRICE vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Monte D. Watkins Charles W. Burson 176 2nd Avenue North Attorney General of Tennessee Nashville, TN 37201 and Cyril V. Fraser Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493 Victor S. Johnson, III District Attorney General and Nicholas Bailey Asst District Attorney General Washington Square Suite 500 222 2nd Avenue North Nashville, TN 37201-1649 Judge: Tipton First Paragraph: The petitioner, Ricky Trice, appeals as of right from the Davidson County Criminal Court's denying him post-conviction relief. The petitioner is presently serving concurrent twenty-five year sentences in the Department of Correction for his two 1990 convictions for aggravated rape of his preschool age daughter. He contends that he received the ineffective assistance of appellate counsel and that plain error occurred through the state's proving, without objection, collateral bad acts. We affirm the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/TRICE-R_OPN.WP6 WILLIAM EDWARD WHITT vs. STATE OF TENNESSEE Court:TCCA First Paragraph: This matter is before the Court upon the state's motion to affirm the judgment of the trial court under Rule 20, Rules of the Court of Criminal Appeals. The case before this Court represents an appeal from the trial court's denial of the petitioner's petition for writ of habeas corpus. The record was filed on April 8, 1997, and the petitioner filed his brief on April 21, 1997. Although the record does not contain a copy of the indictment at issue, thereby precluding the Court from conducting an adequate review, the petitioner asserts in his brief that he was originally indicted for aggravated rape in October 1985, and subsequently convicted of the same. In the present appeal, the petitioner contends the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged. URL:http://www.tba.org/tba_files/TCCA/Whitt-w_ord.WP6
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