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TBALink Opinion-Flash
August 4, 1997 -- Volume #3 -- Number #071
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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SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL August 4, 1997 Court:TSC - Rules URL:http://www.tba.org/tba_files/TSC_RULES/statelst_84.WP6
CITICORP MORTGAGE, INC.
vs.
JOHN P. ROBERTS
Court:TCA
Attorneys:
R. MARK GLOVER
MICHAEL C. PATTON
BAKER, DONELSON, BEARMAN,
& CALDWELL, P.C.
Memphis, Tennessee
Attorneys for Appellant
TIM EDWARDS
JAMES F. HORNER
GLASSMAN, JETER, EDWARDS
& WADE, P.C.
Memphis, Tennessee
Attorneys for Appellee
Judge: HIGHERS
First Paragraph:
In this legal malpractice case, Citicorp Mortgage, Inc. ("Plaintiff")
filed suit against Wilburn Johns ("Johns"); Maddox & Roberts, a
Tennessee partnership; Michael Maddox ("Maddox"); John Roberts
("Roberts"); and Shelby Bank for Maddox's failure to make Plaintiff
the first lienholder on a certain piece of property. This appeal,
however, focuses exclusively on Plaintiff's claim of malpractice
against Roberts. In granting summary judgment in favor of Roberts in
both his individual and partnership capacities and in certifying its
order as a final judgment pursuant to Tenn. R. Civ. P. 54.02, the
trial court held that Plaintiff's cause of action was barred by the
one-year statute of limitations contained in T.C.A. S 28-3-104.
Plaintiff appeals the judgment of the trial court arguing that the
trial court erred in granting summary judgment in favor of Roberts
because Plaintiff's action against Roberts is not barred by the
one-year statute of limitations. REVERSED & REMANDED.
URL:http://www.tba.org/tba_files/TCA/CITICORP_OPN.WP6
CITICORP MORTGAGE, INC.
vs.
JOHN P. ROBERTS
Court:TCA
First Paragraph:
Defendants have filed a most respectful petition for rehearing of this
court's opinion which the court has considered and finds to be without
merit. Each of the matters discussed in the petition for rehearing
were considered in the original opinion and found to be without merit.
URL:http://www.tba.org/tba_files/TCA/CURTIS1_ORD.WP6
DANNY DANIEL
vs.
DONNA DANIEL
Court:TCA
Attorneys:
MARVIN BERKE, BERKE, BERKE & BERKE, Chattanooga, for
Plaintiff-Appellant.
PHILLIP C. LAWRENCE, FEENEY & LAWRENCE, PLLC, Chattanooga, for
Defendant-Appellee.
Judge: Franks
First Paragraph:
In this divorce action the Trial Judge, at the conclusion of the
evidentiary hearing, made the following findings: Mr. Daniel has an
income of $1,500 a week, $6,450 a month gross. He also has $2,000 a
month that comes in as rental income from some real property that he
owns. His tax return from last year shows an adjusted gross income of
$201,200. That's $16,766 a month. If Mrs. Daniel makes $1,600 a
month, he still makes, based on last year's tax return, ten times the
income that she has. The parties have been married since 1979. Mrs.
Daniel has worked as a nurse until her child was born. She has
returned to working on the PRN basis as a nurse. Her income since
February the 22nd, 1996 has been $6,800.
URL:http://www.tba.org/tba_files/TCA/DANIELD_OPN.WP6
ROBERT E. EVANS
vs.
AMCASH MORTGAGE COMPANY INC.
Court:TCA
Attorneys:
PHILIP D. IRWIN
PAMELA KING
NEAL & HARWELL
Nashville, Tennessee
Attorneys for Appellant
ROBERT E. EVANS, pro se
Nashville, Tennessee
Judge: HIGHERS
First Paragraph:
In this defamation action, Robert Evans ("Plaintiff") filed suit
against Amcash Mortgage Company, Inc. ("Defendant") and Franklin
American Life Insurance Company for an alleged defamatory statement
made by Defendant's attorney to one of Defendant's employees. In
granting the Defendant's motion for partial summary judgment, the
trial court dismissed Franklin American Corporation from the suit,
dismissed Plaintiff's claims against Defendant under a theory of
"slander by action," and held that a genuine issue of material fact
existed as to whether the statement made by Defendant's attorney to
one of Defendant's employees regarding the reason for Plaintiff's
employment termination is subject to a qualified privilege. Defendant
appeals the judgment of the court below arguing that the trial court
erred in denying Defendant's motion for summary judgment regarding the
statement made by Defendant's attorney to one of Defendant's employees
concerning the reason for Plaintiff's employment termination because
the statement is subject to a qualified privilege and is not
defamatory in nature. For the reasons stated hereafter, we reverse
the judgment of the trial court and hold that the statement made by
Defendant's attorney to one of Defendant's employees regarding the
reason for Plaintiff's employment termination is subject to a
qualified privilege and is not defamatory. REVERSED.
URL:http://www.tba.org/tba_files/TCA/EVANS1_OPN.WP6
DAVID WAYNE GURIEN
vs.
ALLSTATE INSURANCE COMPANY
Court:TCA
Attorneys:
MICHAEL P. MILLS
MICHELE E. COOPER
BREWER, KRAUSE, BROOKS & MILLS
Nashville, Tennessee
Attorneys for Appellant
KARYN C. BRYANT
JOHN D. VAUGHN
BOULT, CUMMINGS, CONNERS & BERRY
Nashville, Tennessee
Attorneys for Appellee
Judge: HIGHERS
First Paragraph:
In this breach of contract case, David Wayne Gurien ("Plaintiff")
filed suit against Allstate Insurance Company ("Defendant") for
Defendant's failure to compensate him for the theft of his automobile
pursuant to the terms of the insurance contract that he had with the
Defendant. The trial court awarded Plaintiff $18,300.00 in
compensatory damages and $4,575.00 for the Defendant's bad faith
refusal to pay under the terms of the insurance contract. A motion to
alter or amend resulted in an adjustment of compensatory damages to
$17,300.00 to account for the deductible. The issues on appeal relate
only to the award of the bad faith penalty. REVERSED.
URL:http://www.tba.org/tba_files/TCA/GURIEN1_OPN.WP6
MARY HELEN PIERSON (JOHNSON)
vs.
LUTHER WILLIAM JOHNSON
Court:TCA
Attorneys:
SAM WATRIDGE, Humboldt, Attorney for Plaintiff.
MITCH TOLLISON, Hawks & Tollison, Humboldt, Attorney for Defendant.
Judge: TOMLIN
First Paragraph:
Mary Helen Johnson (hereafter "Wife") filed suit for divorce in the
Chancery Court of Gibson County against Luther William Johnson
(hereafter "Husband") seeking a divorce on the grounds of
irreconcilable differences, along with division of marital property,
child custody, child support, etc. . . . Husband filed a counter
complaint for divorce on the grounds of adultery, inappropriate
marital conduct and irreconcilable differences. The chancellor
entered an Interim Decree of Divorce on October 23, 1995, which
granted a divorce to both parties upon stipulation, at the time
specifically reserving "the issues of property rights, child custody,
and paternity issues" until a hearing in early January, 1996. These
issues were reserved for the Juvenile Court of Gibson County, which
was deemed to have proper jurisdiction over such issues. The interim
decree of divorce also postponed any decision as to the division of
marital property. DISMISSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/JOHNSOMA_OPN.WP6
EVELYN N. KEISLER
vs.
CHARLES H. KEISLER, SR.
Court:TCA
Attorneys:
WANDA G. SOBIESKI and CINDY F. FOSTER, SOBIESKI, MESSER & ASSOCIATES,
Knoxville, for Plaintiff-Appellee.
MARTY McDONALD and JAY W. MADER, McDONALD, LEVY & TAYLOR, Knoxville,
for Defendant-Appellant.
Judge: Franks
First Paragraph:
In this divorce action the wife was granted a divorce on the ground of
adultery, and the Court ordered division of the marital properties,
granted rehabilitative alimony, and attorney's fees to the wife. The
husband has appealed. The husband's issues on appeal are:
1. Whether the Trial Court equitably divided the parties' marital
property in accordance with the provisions of T.C.A. S36-4-121 when
its division resulted in Mrs. Keisler receiving approximately $181,979
and Mr. Keisler receiving $155,441. 2. Whether the Trial Court
erred in awarding Mrs. Keisler rehabilitative alimony in excess of her
needs and thus worked a punishment on Mr. Keisler. 3. Whether the
trial court erred by ordering Mr. Keisler to pay attorney's fees for
Mrs. Keisler given the significant assets received by Mrs. Keisler
from the court's division of the parties' property.
URL:http://www.tba.org/tba_files/TCA/KEISLERE_OPN.WP6
TIMOTHY D. LEONARD
vs.
IRA L. CASEY and WESTERN
WATERPROOFING COMPANY OF AMERICA, INC.
Court:TCA
Attorneys:
Timothy D. Leonard, pro se
Fort Lauderdale, Florida
Robert L. J. Spence, Jr.
Karen L. Schlesinger
Memphis, Tennessee
Attorneys for Appellees
Judge: HIGHERS
First Paragraph:
In this automobile accident case, Timothy Leonard ("Plaintiff") filed
suit against Ira Casey ("Defendant") and Western Waterproofing Company
of America ("Company") for injuries allegedly sustained when
Defendant, while driving a vehicle owned by his employer, Company, hit
Plaintiff from the rear. The trial court granted Company's motion for
a directed verdict at the close of Plaintiff's proof and granted
judgment in favor of the Defendant based upon the jury's verdict.
Plaintiff appeals the judgment of the trial court arguing that the
trial court erred in granting judgment in favor of the Defendant based
upon the jury's verdict. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/LEONRDD_OPN.WP6
BRIAN DAVID McCRAY
vs.
IRENE CAROL KLANSECK McCRAY
Court:TCA
Attorneys:
WILLIAM S. FLEMING
207 West 8th treet
P. O. Box 90
Columbia, Tennessee 38402-0090
Attorney for Plaintiff/Appellant
L. BRUCE PEDEN
MOORE & PEDEN
29 Public Square
P. O. Box 981
Columbia, Tennessee 38402-0981
Attorney for Defendant/Appellee
Judge: CANTRELL
First Paragraph:
The record reveals that Brian McCray and Irene Klanseck were both born
in Detroit Michigan; that they married in 1972 when they were both
eighteen years old; that they became the parents of five sons and two
daughters; that Mr. McCray worked at a General Motors auto plant; and
that the wife also worked intermittently during the marriage in
addition to taking care of home and family. In 1990 Brian McCray took
a job at the Saturn plant in Spring Hill, and the family moved to
Tennessee. Shortly thereafter their youngest child was diagnosed with
cancer. He died in 1992.
URL:http://www.tba.org/tba_files/TCA/MCCRAYBD_OPN.WP6
THE MIRAGE CASINO-HOTEL
vs.
J. ROGER PEARSALL
Court:TCA
Attorneys:
KEITH V. MOORE
Memphis, Tennessee
Attorney for Appellant
BEN G. SISSMAN
DEBORAH A. BRANDON
FRIEDMAN, SISSMAN AND HEATON, P.C.
Memphis, Tennessee
Attorneys for Appellee
Judge: HIGHERS
First Paragraph:
In this action to enroll a foreign judgment, The Mirage Casino-Hotel
("Plaintiff") seeks to enforce a default judgment entered by the
District Court of Clark County, Nevada against J. Roger Pearsall
("Defendant") for non-payment of eight separate negotiable instruments
executed by him and made payable to the Plaintiff totaling
$100,000.00. The trial court granted Plaintiff's motion to enroll the
foreign judgment of $115,178.00, plus post-judgment interest, against
the Defendant. Defendant appeals the judgment of the court below
arguing that the trial court erred in enforcing the default judgment
of the Nevada District Court because enforcement of the judgment
violates public policy of the State of Tennessee. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/MIRAGE_OPN.WP6
ELIZABETH O. SOUTH
vs.
ELWIN N. SOUTH, SR.
Court:TCA
Attorneys:
DONNA HARKNESS, Memphis Legal Services, Inc., Memphis, Attorney
for Plaintiff
ELWIN N. SOUTH, SR., PRO SE
Judge: TOMLIN
First Paragraph:
This a divorce case, in which Elwin N. South, Sr. (hereafter
"Husband"), Pro Se, appeals from a judgment of the Circuit Court of
Shelby County that granted a divorce and other relief to Elizabeth O.
South (hereafter "Wife"), the plaintiff herein. He raises three
issues in this appeal: Whether the trial court erred in (1) In the
division of marital property; (2) In denying Husband's Motion to Set
Aside the Judgment or in the Alternative for a New Trial; and (3)
Denying Husband's Motion for the Appointment of Counsel for the
purposes of the trial. AFFIRMED.
URL:http://www.tba.org/tba_files/TCA/SOUTHELI_OPN.WP6
BRUCE ALAN WRIGHT
vs.
PATRICIA RUTH WRIGHT
Court:TCA
Attorneys:
RICKY L. WOOD, Parsons, Attorney for Plaintiff.
LLOYD R. TATUM, Tatum and Tatum, Henderson, Attorney for Defendant.
Judge: TOMLIN
First Paragraph:
In this divorce case each of the parties disputes the division of
marital property and marital debt by the chancellor below, as well as
the ascertainment by the court of what property was marital property
and what property was previously owned by Husband. REMANDED.
URL:http://www.tba.org/tba_files/TCA/WRIGHTBR_OPN.WP6
STATE OF TENNESSEE
vs.
MATTHEW SCOTT ALBERTSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MARTELIA T. CRAWFORD JOHN KNOX WALKUP
310A E. Broad St. Attorney General & Reporter
Cookeville, TN 38501
CLINTON J. MORGAN
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
WILLIAM E. GIBSON
District Attorney General
OWEN G. BURNETT
Asst. District Attorney General
145 S. Jefferson Ave.
Cookeville, TN 38501
Judge: WITT
First Paragraph:
The defendant, Matthew Scott Albertson, appeals the Putnam County
Criminal Court's denial of judicial diversion and straight probation
following the defendant's convictions of sale of cocaine and sale of
marijuana. The trial court, Judge Leon Burns, Jr., presiding,
sentenced the defendant on the sale of cocaine conviction to four
years and suspended all but 90 days. He ordered the confinement to be
served in the county jail with the balance of the sentence on
probation conditioned upon participation in Community Corrections.
For the sale of marijuana conviction, the trial court imposed a
two-year sentence to be served in the same manner as the cocaine
sentence. The sentences were ordered to be served concurrently. The
defendant complains that the trial court erred in failing to grant him
judicial diversion, and alternatively, that he should have been
granted a completely probated sentence. On review, we affirm the
judgment of the trial court. AFFIRMED AS MODIFIED.
URL:http://www.tba.org/tba_files/TCCA/ALBERTMS_OPN.WP6
TERRY LEE BLANFORD
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant:
Mark C. Scruggs
Attorney at Law
P.O. Box 158932
Nashville, TN 37215-8932
For Appellee:
Charles W. Burson
Attorney General & Reporter
Lisa A. Naylor
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Roger D. Moore
Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue, North
Nashville, TN 37201-1649
Judge: WADE
First Paragraph:
The petitioner, Terry Lee Blanford, appeals from the trial court's
dismissal of his first petition for post-conviction relief. The
single issue presented for our review is whether the trial court erred
by finding that counsel was not ineffective for failing to pursue the
defense of voluntary intoxication. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BLANFORD_OPN.WP6
STATE OF TENNESSEE
vs.
TIMMY LYNN CASTLE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Greg W. Eichelman Charles W. Burson
District Public Defender Attorney General of Tennessee
and and
R. Russell Mattocks Georgia Blythe Felner
Assistant Public Defender Asst Attorney General of Tennessee
1609 College Park Drive, Box 11 450 James Robertson Parkway
Morristown, TN 37813-1618 Nashville, TN 37243-0493
C. Berkeley Bell, Jr.
District Attorney General
113J W. Church Street
Greeneville, TN 37743
and
Douglas Godbee
Asst District Attorney General
Hawkins County Courthouse
Rogersville, TN 37857
Judge: Tipton
First Paragraph:
The defendant, Timmy Lynn Castle, was convicted by a jury in the
Hawkins County Criminal Court for driving without a valid driver's
license, a Class B misdemeanor. The trial court sentenced the
defendant to six months in the county jail to serve seventy-five
percent before being eligible for release. The trial court also
imposed a fine of five hundred dollars. In this appeal as of right,
the defendant contends that the trial court improperly considered
enhancement and mitigating factors in sentencing him to the maximum
sentence. We disagree and affirm the trial court's judgment of
conviction. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/CASTLE-T_OPN.WP6
LARRY J. CAWTHON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIAM C. GOSNELL JOHN KNOX WALKUP
217 Exchange Avenue Attorney General and Reporter
Memphis, TN 38105
DEBORAH A. TULLIS
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
WILLIAM L. GIBBONS
District Attorney General
JOHN CAMPBELL
Asst District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103
Judge: RILEY
First Paragraph:
This is an appeal from the denial of post-conviction relief.
Convicted of criminal attempt to commit rape and sentenced to twelve
(12) years as a Range III, Persistent Offender, petitioner alleges he
was deprived of effective assistance of counsel at his trial. He
further contends the indictment is void. We AFFIRM pursuant to Rule
20 of the Tennessee Court of Criminal Appeals. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/CAWTHOLJ_OPN.WP6
STATE OF TENNESSEE
vs.
JAMES CLEMMONS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ARDENA J. GARTH JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
DONNA ROBINSON MILLER JANIS L. TURNER
Asst. District Public Defender Counsel for the State
701 Cherry St., Suite 300 450 James Robertson Pkwy.
Chattanooga, TN 37402 Nashville, TN 37243-0493
GARY D. GERBITZ
District Attorney General
YOLANDA MITCHELL
Asst. District Attorney General
600 Market St., Suite 300
Chattanooga, TN 37402
Judge: PEAY
First Paragraph:
On February 15, 1995, the defendant pled guilty to assault and
kidnapping. He agreed to a suspended sentence of eleven months,
twenty-nine days for the assault conviction and a suspended sentence
of six years on the kidnapping conviction. He additionally agreed to
supervised probation for the full six years, to perform fifty days of
service with Public Works, and to pay twenty-five dollars ($25) a
month restitution for a total of three hundred dollars ($300).
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/CLEMONSJ_OPN.WP6
STATE OF TENNESSEE
vs.
JAMES CLEMMONS
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Karl Dean Charles W. Burson
District Public Defender Attorney General of Tennessee
and and
John D. Wiethe Eugene Honea
Cynthia Burns Assistant Attorney General
Assistant Public Defenders 450 James Robertson Parkway
1202 Stahlman Building Nashville, TN 37243-0493
Nashville, TN 37201
Victor S. Johnson, III
District Attorney General
and
Roger Moore
Don Himmelburg
Asst District Attorneys General
Washington Square
222 2nd Avenue North
Nashville, TN 37201-1649
Judge: PEAY
First Paragraph:
The defendant, Maruja Paquita Coleman, appeals as of right from her
judgment of conviction in the Criminal Court of Davidson County for
second degree murder, a Class A felony. She was sentenced to
twenty-five years in the custody of the Department of Correction as a
Range I, standard offender to be served consecutively to a sentence
for which she had been on parole. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/COLEMAN_MP.WP6
STATE OF TENNESSEE
vs.
RICKY DEAN COLE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
STEPHEN WALLACE (trial and appeal) JOHN KNOX WALKUP
District Public Defender Attorney General and Reporter
P. O. Box 839
Blountville, TN 37517 SARAH M. BRANCH
Assistant Attorney General
RANDALL E. REAGAN (appeal only) 450 James Robertson Parkway
602 Gay Street, Suite 905 Nashville, TN 37243-0493
Knoxville, TN 37209
H. GREELEY WELLS, JR.
District Attorney General
PHYLLIS H. MILLER
Asst District Attorney General
P.O. Box 526
Blountville, TN 37617-0526
Judge: RILEY
First Paragraph:
Defendant, Ricky Dean Cole, was convicted by jury verdict of the
offenses of driving under the influence of an intoxicant, fourth
offense; simple possession of marijuana; and possession of drug
paraphernalia. He was sentenced to eleven (11) months and twenty-nine
(29) days for each of the three offenses with two of the sentences
running concurrently and the other consecutively. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/COLERD_OPN.WP6
STATE OF TENNESSEE
vs.
WILLARD C. COOK, SR
with SEPARATE CONCURRING & DISSENTING OPINION
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Robert S. Peters Charles W. Burson
100 First Avenue, S.W. Attorney General of Tennessee
Winchester, TN 37398 and
Sharon S. Selby
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
C. Michael Layne
District Attorney General
and
Stephen E. Weitzman
Asst District Attorney General
307 S. Woodland
P.O. Box 147
Manchester, TN 37355
Judge: Tipton
First Paragraph:
The defendant, Willard C. Cook, Sr., was convicted by a jury in the
Coffee County Circuit Court of driving while under the influence of an
intoxicant. He was sentenced to eleven months, twenty-nine days in
jail, to be suspended upon serving two hundred forty hours in
confinement, and fined three hundred fifty dollars. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/COOKWC_OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/COOKWC_CON.WP6
EARL CRAWFORD, JR.
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Earl David Crawford, Jr., Pro Se Charles W. Burson
TDOC #98108 Attorney General of Tennessee
P.O. Box 279 and
(AT TRIAL) Sandy R. Copous
Asst Attorney General of Tenn
Kenneth F. Irvine, Jr. 450 James Robertson Parkway
606 W. Main St., Suite 350 Nashville, TN 37243-0493
Knoxville, TN 37901-0084
(ON APPEAL) Jerry N. Estes
District Attorney General
203 E. Madison Avenue
Athens, TN 37303-0647
Judge: Tipton
First Paragraph:
The petitioner, Earl Crawford, Jr., appeals as of right from the
Bradley County Criminal Court's dismissal of his petition for
post-conviction relief without the appointment of counsel or the
chance to amend the petition. He contends that the trial court erred
in dismissing the petition when it was incompetently drafted and that
he was entitled to counsel to amend the petition. We affirm the
dismissal. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/CRAWF-E_OPN.WP6
STATE OF TENNESSEE
vs.
JACKIE CROWE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Charles M. Corn Charles W. Burson
District Public Defender Attorney General of Tennessee
53-A Central Ave., P.O. Box 1453 and
Cleveland, TN 37364-1453 Robin L. Harris
Asst Attorney General of Tennessee
William Donaldson 450 James Robertson Parkway
Assistant Public Defender Nashville, TN 37243-0493
110 1/2 Washington Ave., N.E.
Athens, TN 37303 Jerry N. Estes
District Attorney General
Laura Hendricks and
606 West Main Street Sandra Donaghy
Suite 350 Asst District Attorney General
Knoxville, TN 37901-0084 203 E. Madison Avenue
P.O. Box 647
Athens, TN 37371
Judge: Tipton
First Paragraph:
The defendant, Jackie Crowe, appeals as of right from the revocation
of his probation by the McMinn County Criminal Court. He contends
that the trial court abused its discretion by revoking his probation.
We affirm the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/CROWE-J_OPN.WP6
RONALD RICHARD HARRIES
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Michael J. Passino John Knox Walkup
Lassiter, Tidwell & Hildebrand Attorney General and Reporter
213 Fifth Avenue, North
Nashville, TN 37219 Amy Tarkington
Assistant Attorney General
Peter Alliman 450 James Robertson Parkway
Lee & Alliman Nashville, TN 37243-0493
Highway 411 North (On appeal)
P.O. Box 425
Madisonville, TN 37354 Glenn R. Pruden
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
(At hearing)
H. Greeley Wells, Jr.
District Attorney General
P.O. Box 526
Blountville, TN 37617
Judge: Barker
First Paragraph:
In this capital case, appellant, Ronald Richard Harries, appeals as of
right the denial by the Sullivan County Criminal Court of his second
petition for post conviction relief. He argues that the trial court
erred in finding that the jury's application of the felony-murder
aggravating circumstance in violation of the rule announced in State
v. Middlebrooks, 840 S.W.2d 317 (Tenn. 1992), was harmless beyond a
reasonable doubt. In that respect, he also contends the trial court
erred by concluding that evidence of his alcohol and drug intoxication
at the time of the offense was not a mitigating factor within the
statute and that appellant's history of drug addiction was not
sufficient mitigating evidence which would have resulted in a lesser
punishment absent the application of the invalid aggravating
circumstance. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/HARRIESR_OPN.WP6
STATE OF TENNESSEE
vs.
LISA GOURLEY HUTCHINSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MACK GARNER JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
419 High St.
Maryville, TN 37804 SARAH M. BRANCH
Counsel for the State
450 James Robertson Pkwy.
Nashville, TN 37243-0493
MIKE FLYNN
District Attorney General
EDWARD P. BAILEY, JR.
Asst. District Attorney General
363 Court St.
Maryville, TN 37804
Judge: PEAY
First Paragraph:
The defendant was indicted on January 31, 1994, on numerous charges of
passing bad checks. She pled guilty to all the charges and was
sentenced. In case #8140, the subject of this appeal, she was
sentenced to eleven months, twenty- nine days. That sentence was to
be served under full probation following the conclusion of the other
sentences. She served ninety days on the other sentences and was then
released and placed on probation. While on probation for the other
sentences, she violated her conditions of probation and was
incarcerated for forty-five days. After being released on April 10,
1996, she continued to be on probation and as a condition of her
probation was ordered to live at the Dismas House. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/HUTCHILG_OPN.WP6
BILLY KILBURN
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
THOMAS T. WOODALL JOHN KNOX WALKUP
(appeal only) Attorney General & Reporter
203 Murrell St.
P.O. Box 1075 DEBORAH A. TULLIS
Dickson, Tennessee 37056-1075 Assistant Attorney General
450 James Robertson Parkway
JOSEPH P. ATNIP Nashville, Tennessee 37243-0493
(at hearing & of counsel on appeal)
District Public Defender THOMAS A. THOMAS
111 Main Street District Attorney General
P.O. Box 734
Dresden, Tennessee 38225 JAMES T. CANNON
Asst District Attorney General
JAMES D. KENDALL P.O. Box 218
(at hearing) Union City, Tennessee 38261-0218
Assistant District Public Defender
407 Perkins St.
Union City, Tennessee 38261
Judge: RILEY
First Paragraph:
The appellant, Billy Kilburn, appeals the denial of post-conviction
relief. On August 8, 1990, the appellant was convicted of murder in
the first degree. The conviction was affirmed on direct appeal. On
March 20, 1996, the appellant filed his second pro se petition for
post-conviction relief alleging 1) the "reasonable doubt" jury
instruction given at his trial was unconstitutional, and 2) he
received ineffective assistance of trial counsel. After appointing
counsel, but without holding an evidentiary hearing, the trial court
dismissed the petition. The judgment of the trial court is AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/KILBURNB_OPN.WP6
ERNEST LAWSON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Ernest Lawson, Pro Se Charles W. Burson
No. 131676 Attorney General of Tennessee
W.T.H.S.F., P.O. Box 1050 and
Henning, TN 38041 Janis L. Turner
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
Jerry N. Estes
District Attorney General
203 E. Madison Avenue
P.O. Box 647
Athens, TN 37371
Judge: Tipton
First Paragraph:
The petitioner, Ernest Lawson, has appealed the McMinn County Criminal
Court denial of his motion to reopen his post-conviction case relative
to his 1990 conviction for facilitation to commit first degree murder.
The trial court denied the motion because it was untimely, the ground
raised had been waived, and the ground was not entitled to relief.
The petitioner contends that his motion was timely, that he was
entitled to the appointment of counsel, and that his claim of an
improper reasonable doubt instruction has merit under Rickman v.
Dutton, 864 F. Supp. 686 (M.D. Tenn. 1994). We affirm the trial
court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/LAWSON-E_OPN.WP6
IVAN S. MACK
vs.
DON SUNDQUIST, et al.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
IVAN S. MACK, pro se JOHN KNOX WALKUP
MCRCF, #83161 Attorney General & Reporter
P.O. Box 2000
Wartburg, TN 37887 MICHAEL J. FAHEY, II
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
Judge: PEAY
First Paragraph:
The petitioner was convicted in 1982 in Knox County of being a
habitual criminal and sentenced to life. He filed a petition for writ
of habeas corpus alleging that he is entitled to relief because of the
1989 repeal of the habitual criminal statute. The court denied
relief holding that "the law does not provide for nor requires [sic]
that a defendant already sentenced under existing sentencing laws is
entitled to have that earlier sentence modified or overturned in light
of subsequent sentencing law modifications." We affirm.
URL:http://www.tba.org/tba_files/TCCA/MACKIS_OPN.WP6
STATE OF TENNESSEE
vs.
SARAH K. MADEWELL
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
H. MARSHALL JUDD CHARLES W. BURSON
Assistant Public Defender Attorney General and Reporter
215 Reagan Street
Cookeville, TN 38501 GEORGIA BLYTHE FELNER
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
WILLIAM EDWARD GIBSON
District Attorney General
ANTHONY J. CRAIGHEAD
Asst. District Attorney General
145 S. Jefferson Avenue
Cookeville, TN 38501
Judge: Hayes
First Paragraph:
The appellant, Sarah K. Madewell, appeals as of right from her
conviction for driving while under the influence, second offense. The
appellant's sole issue is whether the evidence presented at her jury
trial in the Putnam County Criminal Court was sufficient as a matter
of law to support her conviction. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/MADEWESK_OPN.WP6
STATE OF TENNESSEE
vs.
CURTIS LEE MAJORS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JEFFREY A. DEVASHER CHARLES W. BURSON
Senior Assistant Public Defender Attorney General and Reporter
STEPHEN G. YOUNG MICHAEL J. FAHEY II
Assistant Public Defender Assistant Attorney General
1202 Stahlman Building 450 James Robertson Parkway
Nashville, TN 37201 Nashville, TN 37243-0493
VICTOR S. JOHNSON
District Attorney General
KATRIN N. MILLER
Assistant District Attorney
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
Judge: WELLES
First Paragraph:
This is an appeal as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure. The Defendant, Curtis Lee Majors, was
convicted by a Davidson County jury of one count of aggravated robbery
and two counts of aggravated assault. He was sentenced as a Range II,
multiple offender to seventeen years (17) for the aggravated robbery
conviction and nine (9) years for each conviction for aggravated
assault, all to be served concurrently. In this appeal, the Defendant
raises several issues for review: (1) That the trial court erred by
failing to suppress the testimony of eyewitnesses because of an
impermissibly suggestive showup; (2) that the admission of an
audiotape of an unavailable witness was error; (3) that the special
jury instruction requiring the trial court to charge the length of
time the Defendant would serve before being paroled is
unconstitutional; and (4) that the sentences imposed were excessive.
We affirm the Defendant's convictions, but modify the sentences.
AFFIRMED AS MODIFIED.
URL:http://www.tba.org/tba_files/TCCA/MAJORSCL_OPN.WP6
STATE OF TENNESSEE
vs.
ERNEST GENE MANN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GALE FLANARY JOHN KNOX WALKUP
Assistant Public Defender Attorney General and Reporter
P.O.Box 839
Blountville, TN 37617 CLINTON J. MORGAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
H. GREELEY WELLS, JR.
District Attorney General
GREG NEWMAN and
GENE PERRIN
Asst District Attorney Generals
P.O. Box 526
Blountville, TN 37617
Judge: CRAFT
First Paragraph:
The defendant, Ernest Gene Mann, appeals as of right from an order
revoking his probation on three sexual battery convictions. The
warrant for violation of probation alleged three violations: 1) that
the defendant committed a domestic violence assault, 2) that he used
an intoxicant to excess, and 3) that he failed to complete his sex
offender treatment program. The state and defense tendered a guilty
plea to the trial judge, the defendant admitting guilt to the last two
charges, but pleading "no contest" to the domestic violence assault,
with an agreed sentence of 30 days in jail and then 6 months in a
community corrections program, a part of which would entail completion
of the sex offender treatment program. The trial judge rejected the
settlement, feeling that the defendant was statutorily ineligible for
community corrections, sexual battery being a crime of violence to the
person. A hearing was then had on a not guilty plea, at which the
state called three witnesses. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/MANN_OPN.WP6
STATE OF TENNESSEE
vs.
LARRY MASSEY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
C. DIANE CROSIER JOHN KNOX WALKUP
VANESSA BRYAN Attorney General and Reporter
Assistant Public Defenders
P.O. Box 68 M. ALLISON THOMPSON
Franklin, TN 37065-0068 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
JOE D. BAUGH, JR.
District Attorney General
MARK PURYEAR
Asst District Attorney General
P.O. Box 937
Franklin, TN 37065-0937
Judge: WELLES
First Paragraph:
The Defendant, Larry Massey, appeals as of right pursuant to Rule 3,
Tennessee Rules of Appellate Procedure. He pleaded guilty on August
7, 1995 to theft of property over one thousand dollars ($1000) and was
granted judicial diversion pursuant to Tennessee Code Annotated
section 40-35-313. He was to serve four years on probation and pay
restitution of fifteen hundred dollars ($1500) to the victim and two
thousand dollars ($2000) in fines and court costs. Upon the
successful completion of the terms of his probation, the charges were
to be dismissed and his record expunged. After a hearing on January
16, 1996, the trial court revoked his probation and ordered four years
of supervised probation with 120 days to be served in the county jail,
fifteen hundred dollars ($1500) restitution and two thousand dollars
($2000) in fines and court costs. The Defendant presents two issues
in this appeal: (1) That the trial court erred in revoking his
probation; and (2) that the trial court erred in ordering him to serve
120 days incarcerated. We affirm the judgment of the trial court.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/MASSEYL_OPN.WP6
GARY S. MAYES
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
THOMAS H. MILLER CHARLES W. BURSON
P. O. Box 681662 Attorney General and Reporter
Franklin, TN 37068-1662
DARYL J. BRAND
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
VICTOR S. (TORRY) JOHNSON III
District Attorney General
JOHN ZIMMERMANN
Asst. District Attorney General
Washington Sq., Suite 500
222-2nd Ave. N.
Nashville, TN 37201-1649
Judge: Hayes
First Paragraph:
The appellant, Gary S. Mayes, appeals from the denial of his petition
for habeas corpus relief. Upon review, we conclude that affirmance of
the lower court's decision is proper pursuant to Rule 20, Tenn. Ct.
Crim. App. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/MAYESGS_OPN.WP6
STATE OF TENNESSEE
vs.
ALTHEA MYERS,
SAMUEL MYERS
Court:TCCA
Attorneys:
FOR THE APPELLANTS: FOR THE APPELLEE:
Althea Myers: Charles W. Burson
William C. Roberts, Jr. Attorney General & Reporter
Attorney at Law
404 James Robertson Parkway Karen M. Yacuzzo
Suite 1502 Assistant Attorney General
Nashville, TN 37201 Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Samuel Myers
Gregory D. Smith Victor S. Johnson III
Attorney at Law District Attorney General
One Public Square, Suite 321
Clarksville, TN 37040 Cheryl Blackburn
Asst District Attorney General
Washington Square, Suite 500
222-2nd Avenue North
Nashville, TN 37201-1649
Judge: SMITH
First Paragraph:
Appellant Althea Myers was convicted of possession with intent to
deliver or sell twenty-six grams or more of a controlled substance
containing cocaine and possession with intent to use unlawful drug
paraphernalia. She was sentenced to serve sixty days and then be
placed in the Community Corrections Program for five years. AFFIRMED
(ALTHEA MYERS) APPEAL DISMISSED (SAMUEL MYERS).
URL:http://www.tba.org/tba_files/TCCA/MYERSAL_OPN.WP6
STATE OF TENNESSEE
vs.
DONALD R. PARTON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
STEVE MERRITT JOHN KNOX WALKUP
116 E. Harper Avenue Attorney General and Reporter
Maryville, TN 37804
SARAH M. BRANCH
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
MIKE FLYNN
District Attorney General
PHILIP MORTON
Asst District Attorney General
363 Court Street
Maryville, TN 37804
Judge: CRAFT
First Paragraph:
The defendant, Donald R. Parton, appeals as of right from the denial
of his application for alternative sentencing. He entered guilty
pleas to two concurrent seven year sentences, to Aggravated Burglary
and Theft over $1,000.00, as a Range II Multiple Offender, and
requested relief from confinement so that he could complete a drug or
alcohol substance abuse program. After a hearing, the trial judge
denied relief. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/PARTOND_OPN.WP6
STATE OF TENNESSEE
vs.
TOMMY L. POINDEXTER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DANIEL A. SEWARD JOHN KNOX WALKUP
707 Adams Avenue Attorney General and Reporter
P.O. Box 11207
Memphis, TN 38111-0207 DEBORAH A. TULLIS
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243
WILLIAM L. GIBBONS
District Attorney General
JERRY R. KITCHEN
Asst District Attorney General
Criminal Justice Center, 3rd Floor
201 Poplar Avenue
Memphis, TN 38103
Judge: RILEY
First Paragraph:
The defendant, Tommy L. Poindexter, was convicted by a Shelby County
jury of conspiracy to commit first degree murder and criminally
negligent homicide. He was sentenced to consecutive sentences of
twenty-four (24) years for the offense of conspiracy to commit first
degree murder and three (3) years for the offense of criminally
negligent homicide. On appeal, he challenges the sufficiency of the
convicting evidence for conspiracy to commit first degree murder. He
further argues that the sentence of twenty-four (24) years is
excessive, and the trial court erred in imposing consecutive
sentences. He does not appeal his conviction or sentence for
criminally negligent homicide. We affirm the judgment of the trial
court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/POINDTL_OPN.WP6
ROGER D. PULLEY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Robert D. Massey Charles W. Burson
209 West Madison Attorney General & Reporter
P.O. Box 409
Pulaski, TN 38478 Peter Coughlan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Mike Bottoms
District Attorney General
P.O. Box 459
Lawrenceburg, TN 38464
Stella Hargrove
Asst District Attorney General
10 Public Square
P.O. Box 1619
Columbia, TN 38402-1619
Judge: WADE
First Paragraph:
The defendant, Roger D. Pulley, was convicted of five counts of
selling cocaine; all were Class B felonies. The trial judge sentenced
the defendant to ten years on each offense and ordered all five
sentences to be served consecutively, for an effective sentence of
fifty years. On direct appeal, this court reduced counts one and two
to Class C because the charging language in the indictment did not
include the amount of cocaine involved. State v. Roger D. Pulley, No.
01C01-9501-CC-00013, slip op. at 9 (Tenn. Crim. App., at Nashville,
Sept. 20, 1995). Because the trial judge failed to state on the
record the rationale for ordering all five sentences to be served
consecutively, there was a remand for resentencing. Id. At the
second sentencing hearing, the state presented no additional proof.
Thereafter, the trial judge sentenced the defendant to six years each
on counts one and two and twelve years each on counts three, four, and
five. Counts one and two are concurrent with each other; counts three
and four are consecutive to each other as well as counts one and two.
Count five is concurrent with count four. Thus, the effective
sentence is thirty years. AFFIRMED AS MODIFIED.
URL:http://www.tba.org/tba_files/TCCA/PULLEYRD_OPN.WP6
STATE OF TENNESSEE
vs.
MICHAEL WILSON,
SEAN KEVIN WILSON, and
KENNETH QUILTER, JR.
Court:TCCA
Attorneys:
FOR MICHAEL WILSON: FOR THE APPELLEE:
GARY LOVELLETTE JOHN KNOX WALKUP
Box 675 Attorney General & Reporter
306 E. 12th
Cookeville, TN 38503-0675 MERRILYN FEIRMAN
Assistant Attorney General
FOR SEAN KEVIN WILSON: Criminal Justice Division
450 James Robertson Parkway
CHARLES L. HARDIN Nashville, TN 37243-0493
117 S. Jefferson Ave.
Cookeville, TN 38501 WILLIAM EDWARD GIBSON
District Attorney General
FOR KENNETH QUILTER, JR.
BEN FANN and
CRAIG P. FICKLING DAVID A. PATTERSON
Ronald Thurman & Associates Asst District Attorneys General
Arcade Building 145 S. Jefferson Ave.
9C So. Jefferson Cookeville, TN 38501
Judge: WITT
First Paragraph:
The defendants, Michael Wilson, Sean Kevin Wilson, and Kenneth
Quilter, Jr., pleaded guilty to two counts of aggravated burglary in
Putnam County Criminal Court in Indictments No. 94-714 and No. 94-715
and to two counts of aggravated burglary in Cumberland County in
Indictment No. 3831. Michael Wilson and Sean Kevin Wilson were
convicted by a Putnam County jury of aggravated burglary, theft, and
conspiracy to commit aggravated burglary and theft in #716. Kenneth
Quilter, Jr., plead guilty to a single count of aggravated burglary in
#716. AFFIRMED AS MODIFIED AND REMANDED.
URL:http://www.tba.org/tba_files/TCCA/QUILTERK_OPN.WP6
STATE OF TENNESSEE
vs.
JIMMY L. REEDER
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
HUGH GREEN CHARLES W. BURSON
100 Public Square Attorney General and Reporter
Lebanon, TN 37087
PETER M. COUGHLAN
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
WILLIAM EDWARD GIBSON
District Attorney General
ANTHONY CRAIGHEAD
Asst. District Attorney General
145 South Jefferson
Cookeville, TN 38501
Judge: Hayes
First Paragraph:
The appellant, Jimmy L. Reeder, appeals as of right from his
conviction for driving while under the influence. The appellant's
sole issue is whether the evidence presented at his bench trial in the
DeKalb County Circuit Court was sufficient as a matter of law to
support his conviction. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/REEDERJL_OPN.WP6
STATE OF TENNESSEE
vs.
MICHAEL ANTHONY REVLETT
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN E. RODGERS, JR. JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
First American Center
315 Deaderick St., Ste. 1230 MERRILYN FEIRMAN
Nashville, TN 37238-1230 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
VICTOR S. JOHNSON, III
District Attorney General
NICHOLAS BAILEY
Asst. District Attorney General
Washington Square
222 - 2d Ave., Ste. 500
Nashville, TN 37201-1649
Judge: WITT
First Paragraph:
The defendant, Michael Anthony Revlett a/k/a Mike Revlett, was
convicted following a jury trial of aggravated robbery and four counts
of aggravated assault. The Davidson County Criminal Court, Judge
Thomas H. Shriver presiding, sentenced the defendant, a Range II
offender, to nine year sentences for each of the four aggravated
assault convictions, to be served concurrently to each other but
consecutively to a fifteen year sentence for the aggravated robbery
conviction. In this direct appeal, the defendant alleges (1) the
trial court erred in allowing the jury to consider the offense of
aggravated assault on two counts of the indictment alleging aggravated
robbery, rather than dismissing these two counts of the indictment
outright, (2) the evidence is insufficient to support his convictions,
and (3) the sentence is excessive. We affirm the judgment of the
trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/REVLETMS_OPN.WP6
ALLEN LLOYD SMITH
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
A. James Andrews John Knox Walkup
606 West Main Street Attorney General and Reporter
Knoxville, Tennessee 37902 450 James Robertson Parkway
(on appeal) Nashville, Tennessee 37243 0493
William Brown Michael J. Fahey, II
706 Walnut Street Assistant Attorney General
Suite 902 450 James Robertson Parkway
Knoxville, TN 37902 Nashville, Tennessee 37243 0493
(at hearing)
Randall E. Nichols
District Attorney General
P.O. Box 1468
Knoxville, Tennessee 37901 1468
Zane M. Scarlett
Asst District Attorney General
P.O. Box 1468
Knoxville, Tennessee 37901 1468
Judge: Barker
First Paragraph:
The Appellant, Allen Lloyd Smith, appeals as of right the Knox County
Criminal Court's denial of his petition for post-conviction relief.
He argues on appeal that his indictment was defective and that his
trial attorney provided ineffective assistance of counsel. We have
reviewed the record on appeal and find no merit to the Appellant's
contentions. Accordingly, we affirm the trial court's judgment.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/SMITHAL1_OPN.WP6
STATE OF TENNESSEE
vs.
JOEY LEE SMITH
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ANDREW JACKSON DEARING, III JOHN KNOX WALKUP
117 South Main Street Attorney General and Reporter
Suite 101
Shelbyville, TN 37160 MERRILYN FERRIMAN
Assistant Attorney General
500 Charlotte Avenue
Nashville, TN 37243
MIKE MCCOWN
District Attorney General
ROBERT G. CRIGLER
GARY M. JONES
Assistant District Attorney
Bedford County Courthouse
Shelbyville, TN 37160
Judge: SMITH
First Paragraph:
Appellant Joey Lee Smith was found guilty by a Bedford County Circuit
Court jury of one count of rape of a child, six counts of aggravated
sexual battery, one count of sexual battery, and two counts of
reckless endangerment. As a Range I standard offender, Appellant
received a sentence of nineteen years imprisonment for rape of a
child, nine years imprisonment for the first count of aggravated
sexual battery, nine years imprisonment for the second count of
aggravated sexual battery, ten years for each of the remaining counts
of aggravated sexual battery, one year imprisonment for sexual
battery, and one year imprisonment for each count of reckless
endangerment. The trial court ordered the sentences to be served
concurrently for an effective sentence of nineteen years. On appeal,
Appellant alleges that the evidence was insufficient, as a matter of
law, to support his sexual offense convictions. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/SMITHJOE1_ORD.WP6
FRANK E. TEASLEY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Albert J. Newman, Jr. Charles W. Burson
Burwell Bldg., Suite 500 Attorney General of Tennessee
602 South Gay Street and
Knoxville, TN 37902 Marvin E. Clements, Jr.
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
and
Zane Scarlett
Asst District Attorney General
City-County Building
Knoxville, TN 37902
Judge: Tipton
First Paragraph:
The petitioner, Frank E. Teasley, appeals as of right from the denial
of his petition for post-conviction relief by the Criminal Court for
Knox County. He is presently serving an effective sentence of
forty-eight years in the custody of the Department of Correction for
his 1992 convictions based upon guilty pleas for two counts of rape,
aggravated kidnapping and robbery. His sole issue on appeal is
whether the trial court erred in finding that he received the
effective assistance of counsel. We conclude that the trial court was
correct. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/TEASLEYF1_OPN.WP6
STATE OF TENNESSEE
vs.
EDWARD M. THOMPSON
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Larry B. Hoover Charles W. Burson
500 Church Street Attorney General of Tennessee
Nashville, TN 37219 and
Clinton J. Morgan
Counsel for the State
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
and
Kymberly Hattaway-Haas
Asst District Attorney General
Washington Square
222 2nd Avenue North
Nashville, TN 37201-1649
Judge: Tipton
First Paragraph:
The defendant, Edward M. Thompson, appeals as of right from his
convictions by a jury in the Davidson County Criminal Court for first
degree murder and especially aggravated robbery, a class A felony. He
received a life sentence for the murder and as a Range I, standard
offender a concurrent eighteen-year sentence for the especially
aggravated robbery conviction. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/THOMPSNE1_OPN.WP6
STATE OF TENNESSEE
vs.
REGINOL L. WATERS
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Jeffrey A. Devasher Charles W. Burson
Assistant Public Defender Attorney General & Reporter
1202 Stahlman Building
Nashville, TN 37201 Ruth Thompson
Counsel for the State
450 James Robertson Parkway
Nashville, TN 37243-0493
Katie Miller
Asst District Attorney General
Washington Square
222 Second Avenue, Suite 500
Nashville, TN 37201-1649
Judge: WADE
First Paragraph:
The defendant, Reginol L. Waters, pled guilty to one count of official
misconduct and one count of theft over $10,000 and received one- and
four-year sentences respectively. The trial court ordered the
defendant to serve ninety days in the Davidson County Workhouse before
placement on a Community Corrections program. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/WATERS1_OPN.WP6
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