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STATE OF TENNESSEE vs. JUBAL CARSON Court:TSC Attorneys: For Appellant: For Appellee: Christopher Van Riper John Knox Walkup Stuart & Van Riper Attorney General & Reporter Clinton, Tennessee Michael E. Moore Solicitor General Michael J. Fahey, II Assistant Attorney General Nashville, Tennessee Randall E. Nichols District Attorney General Jo Helm Leon Franks Asst District Attorney General Knoxville, Tennessee Judge: ANDERSON First Paragraph: The issue presented by this appeal is whether the defendant, who assisted his co defendants in committing an aggravated robbery, was criminally responsible under Tenn. Code Ann. S 39-11-402(2) for additional offenses committed by them. AFFIRMED. URL:http://www.tba.org/tba_files/TSC/CARSONJ_OPN.WP6 TIMMY RAY BEARD vs. QUADREX CORPORATION and LIBERTY MUTUAL INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellees: Gerald L. Gulley, Jr. Richard K. Evans P.O. Box 1708 P.O. Box 777 Knoxville, Tenn. 37901-1708 Kingston, Tenn. 37763 Judge: THAYER First Paragraph: Defendants, Quadrex Corporation and Liberty Mutual Insurance Company, have appealed from the trial court's award of 50% permanent partial disability to the body as a whole. They contend the court was in error in fixing any disability for plaintiff's psychological injury and that the award exceeded the statutory cap of six times the medical impairment rating of 5%. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/BEARDTR_OPN.WP6 ADAMS TV OF MEMPHIS, INC. vs. COMCORP OF TENNESSEE, INC., and THOMAS R. GALLOWAY Court:TCA Attorneys: LUCIAN T. PERA CANNON F. ALLEN MARY A. McNEIL ARMSTRONG ALLEN PREWITT GENTRY JOHNSTON & HOLMES Memphis, Tennessee Attorneys for Appellant HENRY L. KLEIN APPERSON, CRUMP, DUZANE & MAXWELL, PLC Memphis, Tennessee Attorney for Appellee Judge: HIGHERS First Paragraph: In this breach of contract action, Adams TV of Memphis, Inc. ("Plaintiff" or "Adams TV") filed suit against ComCorp of Tennessee, Inc. ("ComCorp") and Thomas R. Galloway for breaching several provisions of their contract (hereinafter the "Adams TV-ComCorp contract"), which provided for the sale of WHBQ-TV (hereinafter the "Station"). ComCorp filed a motion to dismiss asserting that even if ComCorp had breached certain provisions of the Adams TV-ComCorp contract, such breaches were not material breaches, and Adams TV incurred no damage as a result. The trial court granted ComCorp's motion to dismiss, holding that Adams TV received the entire benefit of its bargain under the Adams TV-ComCorp contract, that ComCorp did not materially breach any part of the Adams TV-ComCorp contract, and that the damages sought by Adams TV were merely consequential and thereby precluded by section 9.2(c) of the Adams TV-ComCorp contract. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/ADAMSTV_OPN.WP6 STEVE CARROLL and wife, TAMMY CARROLL vs. J. R. ROACH Court:TCA Attorneys: W. J. REYNOLDS, Reynolds & Reynolds Law Firm, Savannah, for Plaintiffs/Appellants. CHARLES M. PURCELL, Waldrop & Hall, P.A., Jackson TERRY ABERNATHY, Law Offices of Terry Abernathy, Selmer for Defendant/Appellee. Judge: FARMER First Paragraph: Steve Carroll and wife Tammy Carroll sued J. R. Roach to recover for damages sustained as a result of a vehicular accident between a car driven by Mr. Carroll and a truck and trailer driven by Mr. Roach. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/CARROLLST_OPN.WP6 DECATUR COUNTY BANK vs. WELBORN B. DUCK AND CECIL DUCK Court:TCA Attorneys: Welborn B. Duck, Pro Se Edwin Townsend, TOWNSEND AND TOWNSEND, Parsons, Tennessee Attorney for Plaintiff/Counter-Defendant/Appellee. Judge: FARMER First Paragraph: Appellee, Decatur County Bank (Bank), filed suit against Appellant, Welborn B. Duck (Duck), for reformation of a trust deed and default upon four promissory notes. Bank specifically alleged that Duck was in default on a note dated October 10, 1986 in the principal amount of $59,518.73; a note dated June 27, 1988 in the principal amount of $1,003.10; a note dated March 21, 1988 in the principal amount of $25,043; and a note dated March 23, 1989 in the principal amount of $6,000, for a total principal indebtedness of $91,564.83. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/DECATURC_OPN.WP6 JOSEPH LEIBOVICH, EXECUTOR OF THE ESTATE OF EVELYN G. JORDAN AND JOHN JORDAN vs. THE KROGER COMPANY, TOPVALCO, INC., MID-SOUTH AUTOMATIC DOOR AND BESAM,INC. Court:TCA Attorneys: JOHN R. CANNON, JR. THE HARDISON LAW FIRM Memphis, Tennessee Attorney for Appellant SAM L. CRAIN, JR. STEPHEN D. CRAWLEY SCOTT J. CROSBY Memphis, Tennessee Attorneys for Appellee Judge: HIGHERS First Paragraph: In this personal injury action, Joseph Leibovich ("Plaintiff") filed suit as the executor of the estate of Evelyn Jordan ("Jordan") and her husband, John Jordan, for injuries Jordan sustained as a result of being struck by automatic doors that closed upon her. Plaintiff alleged that the negligence of the Defendants, The Kroger Company, Topvalco, Inc., Mid-South Automatic Door ("Mid-South"), and Besam, Inc. ("Besam"), combined to cause Jordan's injury. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/LEIBOVIC_OPN.WP6 CAROL STRONG vs. TIMOTHY RALPH STRONG Court:TCA Attorneys: CAREN DANTZKER, Memphis, Attorney for Plaintiff. G. KEITH ROGERS, JR., Memphis, Attorney for Defendant. Judge: TOMLIN First Paragraph: This case presents a procedural issue involving T.R.C.P. 37.01. Carol Strong (hereafter "Wife") filed suit for divorce in the Circuit Court of Shelby County against Timothy Ralph Strong (hereafter "Husband"). Subsequently, Wife served Husband with a set of eighteen interrogatories. Husband filed an answer to the complaint as well as responses to the interrogatories. Wife thereafter filed a Motion to Compel Discovery pursuant to T.R.C.P. 37.01, contending that Husband's responses to four of the interrogatories were incomplete and insufficient. The trial court granted Wife's motion to compel and ordered Husband to answer the four interrogatories. In addition, the trial court ordered Husband and his counsel AEI@(eO$P.00 as sanct'He for failure to cooperate with discovery. Husband's sole issue on appeal is whether the trial court erred in ordering Husband and his counsel to pay Wife the $500.00 pursuant to Rule 37 T.R.C.P.. In addition, Wife asks this court to find Husband's appeal to be frivolous pursuant to T.C.A. 27-1-122. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/STRONGCA_OPN.WP6 SUNBURST BANK, CARLTON BARNES, and ALMA JO BARNES vs. ROBERT PATTERSON, SR., SHELBY COUNTY TRUSTEE; HAROLD STERLING, SHELBY COUNTY ASSESSOR OF PROPERTY; JOHN ROBERTSON, CLERK & MASTER OF THE CHANCERY COURT FOR THE THIRTIETH JUDICIAL DISTRICT and SHELBY COUNTY, TENNESSEE Court:TCA Attorneys: For the Plaintiff/Appellee, For the Plaintiffs/Appellees, Sunburst Bank: Carlton Barnes and Alma Jo Barnes: S. Russell Headrick Richard L. Winchester John S. Golwen Memphis, Tennessee Memphis, Tennessee For the Defendants/Appellants, For the Defendants/Appellants, Robert Patterson, Jr., Shelby W. J. Wallace and Norma Wallace: County Trustee, Harold Sterling, Shelby County Assessor Roger A. Stone of Property, John Robertson, Memphis, Tenn. Clerk & Master of The Chancery Court for the Thirtieth Judicial District and Shelby County, Tenn.: Lynn Cobb Danny Presley Memphis, Tennessee Judge: LILLARD First Paragraph: In this case, the trial court set aside the tax sale of a tract of realty because the lack of sufficient notice to the property owners and the mortgagor violated their constitutional right to due process. Relying on Mennonite Board of Missions v. Adams, 462 U.S. 791, 103 S. Ct. 2706, 77 L. Ed. 2d 180 (1983), we affirm. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/SUNBURSTB_OPN.WP6 STATE OF TENNESSEE vs. JERRY BLAYLOCK Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RICHARD W. DEBERRY (On Appeal) JOHN KNOX WALKUP Assistant Public Defender Attorney General & Reporter 24th Judicial District P.O. Box 663 ELLEN H. POLLACK Camden, TN 38320 Assistant Attorney General 450 James Robertson Pkwy. STEPHEN HALE (At Trial) Nashville, TN 37243-0493 Attorney At Law P.O. Box 331 ROBERT RADFORD Bolivar, TN 38008 District Attorney General P.O. Box 686 Huntingdon, TN 38344-0686 JOHN OVERTON Assistant Dist. Attorney General Main Street Savannah, TN 38372 Judge: WITT First Paragraph: The defendant, Jerry Blaylock, appeals the conviction and sentence he received in the Circuit Court of Hardin County. The indictment alleges as count (1) possession of cocaine with intent to manufacture, deliver, or sell, a Class B felony, and as count (2) possession of marijuana, a misdemeanor. The jury convicted the defendant on both counts and determined that fines in the amount of $75,000 on count (1) and $1,250 on count (2) were appropriate. After a sentencing hearing, the court imposed the fines and ordered a mid-Range I sentence on count (1) of ten years and the maximum sentence on count (2), eleven months, twenty-nine days, to run concurrently. The trial court declined to order any form of alternative sentencing. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/BLAYLOCKJ_OPN.WP6 WAYNE DILLARD CARVER vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Laura Rule Hendricks John Knox Walkup 606 W. Main Street, Suite 350 Attorney General & Reporter P.O. Box 84 Knoxville, TN 37901-0084 Peter M. Coughlin Assistant Attorney General 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Randall E. Nichols District Attorney Ms. Marsha Selecman Asst District Attorney General District Attorney General's Office City-County Building Knoxville, TN 37902 Judge: BYERS First Paragraph: The petitioner was convicted of murder during the commission of a felony on April 9, 1987 by jury trial, and he was sentenced to life in prison for this crime. On March 5, 1991, he filed a petition for post-conviction relief claiming incompetence of counsel. The trial judge denied the petition of the Appellant. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/CARVERWD_OPN.WP6 STATE OF TENNESSEE vs. TYRONE CLAY Court:TCCA Attorneys: For the Appellant: For the Appellee: VANEDDA PRINCE CHARLES W. BURSON Post Office Box 26 Attorney General and Reporter Union City, TN 38261 (ON APPEAL) GEORGIA BLYTHE FELNER Assistant Attorney General Criminal Justice Division STEVE DAVIS 450 James Robertson Parkway District Public Defender Nashville, TN 37243-0493 P. O. Box 742 Dyersburg, TN 38025-0742 C. PHILLIP BIVENS (AT TRIAL) District Attorney General JAMES E. LANIER Asst. District Attorney General P. O. DRAWER E DYERSBURG, TN 38024 Judge: Hayes First Paragraph: The appellant, Tyrone Clay, presents a delayed appeal challenging the length of sentences imposed by the Lake County Circuit Court. On the morning of the appellant's scheduled trial, a plea agreement was reached, whereby the appellant agreed to plead guilty to three class B felony sales of cocaine in exchange for three concurrent sentences as a range I offender. In this appeal, the appellant specifically contends that the trial court failed to consider applicable mitigating factors which resulted in an excessive sentence. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/CLAYTG_OPN.WP6 MONROE E. DAVIS vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: MICHAEL E. SCHOLL CHARLES W. BURSON 212 Adams Avenue Attorney General and Reporter Memphis, TN 38103 KENNETH W. RUCKER Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 WILLIAM GIBBONS District Attorney General RHEA CLIFT Asst. District Attorney General Criminal Justice Complex Suite 301 201 Poplar Street Memphis, TN 38103 Judge: Hayes First Paragraph: The appellant, Monroe E. Davis, appeals the Shelby County Criminal Court's dismissal of his petition for post-conviction relief. On October 6, 1989, the appellant pled guilty to one count of second degree murder and one count of petit larceny. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/DAVIS-ME_OPN.WP6 STATE OF TENNESSEE vs. JERRY WAYNE EDISON Court:TCCA Attorneys: For Appellant: For Appellee: Lu Ann Ballew Charles W. Burson Asst. Public Defender Attorney General & Reporter P.O. Box 416 Dandridge, TN 37725 Michael J. Fahey, II Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 James L. Gass Asst District Attorney General P.O. Box 70 Dandridge, TN 37725-0070 Judge: WADE First Paragraph: A jury found the defendant, Jerry Wayne Edison, guilty of DUI; the trial court imposed a sentence of eleven months and twenty-nine days, suspended after the service of seven days in jail, and revoked the defendant's license for one year. The sole issue on appeal is whether the trial court erred by admitting the results of the defendant's breath test into evidence at trial. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/EDISONJW_OPN.WP6 STATE OF TENNESSEE vs. GEORGE E. MARTIN, JR. Court:TCCA Attorneys: For the Appellant: For the Appellee: George Morton Googe Charles W. Burson District Public Defender Attorney General of Tennessee and and Pamela J. Drewery Robin L. Harris Assistant Public Defender Asst Attorney General of Tennessee 227 W. Baltimore Street 450 James Robertson Parkway Jackson, TN 38301 Nashville, TN 37243-0493 Jerry Woodall District Attorney General and Nick Nicola Asst District Attorney General P.O. Box 2825 Jackson, TN 38302 Judge: Tipton First Paragraph: The defendant, George E. Martin, Jr., appeals as of right from his conviction by a jury in the Circuit Court of Madison County for possession with the intent to sell cocaine, a Class B felony. The trial court sentenced the defendant as a Range I, standard offender to nine years to serve ninety days in the county jail and eight years and nine months on community corrections. The trial court also imposed a fine of two thousand dollars. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/MARTINGE_OPN.WP6 JIMMY LLOYD McCURRY 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 dismissal of the petitioner's petition for writ of habeas corpus. The record was filed on June 3, 1997, and the petitioner filed his brief on June 18, 1997. URL:http://www.tba.org/tba_files/TCCA/MCCURRY1_ORD.WP6 STATE OF TENNESSEE vs. KERWIN L. WALTON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A. C. WHARTON JOHN KNOX WALKUP (of counsel on appeal) Attorney General & Reporter Shelby County Public Defender JANIS L. TURNER W. MARK WARD Assistant Attorney General (on appeal) 450 James Robertson Parkway Assistant Public Defender Nashville, Tennessee 37243 0493 147 Jefferson, Ste. 900 Memphis, Tennessee 38103 WILLIAM L. GIBBONS District Attorney General BETTY THOMAS (at trial) KEVIN RARDIN Assistant Public Defender KAREN COOK Shelby County PD's Office Asst District Attorneys General 201 Poplar Ave. - Second Floor 201 Poplar Ave. Ste. 301 Memphis, Tennessee 38103 Memphis, Tennessee 38103 1947 Judge: RILEY First Paragraph: The defendant, Kerwin L. Walton, appeals as of right from the sentence imposed by the Shelby County Criminal Court. He was convicted of reckless homicide, a Class D felony. As a Range I, Standard Offender, the trial court sentenced the defendant to four (4) years incarceration, to run consecutively to a twenty-five (25) year sentence for aggravated arson arising out of the same incident. In challenging the sentence for reckless homicide, defendant presents two (2) issues for review: (1) whether the trial court imposed an excessive sentence by relying upon non-statutory enhancement factors; and (2) whether the trial court erred by ordering his sentence to be served consecutively. The judgment of the trial court is AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/WALTONKL_OPN.WP6
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