-
TBALink Opinion-Flash
September 03, 1997 -- Volume #3 -- Number #081
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):
- 02-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA
- 17-New Opinons From TCCA
- 02-New Opinons From TSC
There are three ways to get the full opinion from the Web: (TBALink members only)
- Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text
version of the opinion.
- *NEW* Browse the Opinion List area of TBALink. This option will allow you
to download the original 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
MARY BLAKE vs. PLUS MARK, INC., AND SUE ANN HEAD, DIRECTOR OF THE DIVISION OF WORKER'S COMPENSATION, TENNESSEE DEPARTMENT OF LABOR Court:TSC Attorneys: For Plaintiff-Appellant: For Defendant-Appellee Plus Mark: Bob McDaniel Green Gene P. Gaby Johnson City Milligan & Coleman Greeneville For Defendants-Appellees Sue Ann Head, Director of the Division of Worker's Compensation Anne T. Widseth Tennessee Department of Labor Knoxville Sandra Keith Tennessee Department of Labor Nashville Judge: REID First Paragraph: This is an appeal from the decision of the Chancery Court in a workers' compensation case, in which the trial court granted the employee's motion for non-suit and then entered a judgment of no liability for the employer on its counterclaim. The judgment of the trial court is reversed, and the case is remanded. URL:http://www.tba.org/tba_files/TSC/BLAKEM_OPN.WP6
JAMES R. FRUGE AND JANE FRUGE
vs.
JOHN DOE AND JANE DOE
Court:TSC
Attorneys:
For Plaintiffs-Appellants: For Defendants-Appellees
State Farm Insurance Company:
R. Sadler Bailey, Jr. Robert M. Fargarson
Memphis Memphis
C. Phillip M. Campbell Martin W. Zummach
Memphis Memphis
OF COUNSEL:
Neely, Green, Fargarson,
Brooke & Summers
Memphis
Judge: REID
First Paragraph:
This case presents for review the decision of the Court of Appeals
affirming the trial court's award of summary judgment denying the
plaintiffs' claims under the uninsured motorist statute. That
decision is reversed, and the case is remanded.
URL:http://www.tba.org/tba_files/TSC/FRUGEJR_OPN.WP6
LARRY D. CARR
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Harold D. Archibald John Knox Walkup
33 North Front Street, Suite 790 Attorney General and Reporter
Memphis, Tennessee 38103 450 James Robertson Parkway
Nashville, Tennessee 37243 0493
Deborah A. Tullis
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243 0493
John W. Pierotti
District Attorney General
201 Poplar Avenue
Memphis, Tennessee 38103 1947
Jennifer Nichols
Asst District Attorney General
201 Poplar Avenue
Memphis, Tennessee 38103 1947
Judge: Barker
First Paragraph:
The Appellant, Larry D. Carr, appeals as of right the Shelby County
Criminal Court's dismissal of his petition for post-conviction relief.
He argues that his trial attorney provided ineffective assistance of
counsel. We have reviewed the record on appeal and find that the
Appellant's trial attorney provided effective assistance of counsel
through the trial and the appeal to this Court, but failed to advise
the Appellant of his right to seek permission to appeal his case to
the Tennessee Supreme Court. Accordingly, we vacate this Court's
opinion entered on February 16, 1994, and re-enter the opinion so that
the Appellant may file an application for permission to appeal to the
Tennessee Supreme pursuant to Rule 11 of the Tennessee Rules of
Appellate Procedure. We affirm the trial court in all other respects.
URL:http://www.tba.org/tba_files/TCCA/CARRLD_OPN.WP6
STATE OF TENNESSEE
vs.
GEORGE LORENZO CARTWRIGHT
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Pamela E. Beck John Knox Walkup
Assistant Public Defender Attorney General & Reporter
117 East Main Street, Suite 2C 500 Charlotte Avenue
Gallatin, TN 37066 Nashville, TN 37243-0497
(Appeal Only)
Sarah M. Branch
Nancy B. Meyers Assistant Attorney General
Assistant Public Defender 450 James Robertson Parkway
117 East Main Street, Suite 2C Nashville, TN 37243-0493
Gallatin, TN 37066
(Trial Only) Lawrence Ray Whitley
District Attorney General
OF COUNSEL: 113 Main Street
Gallatin, TN 37066-2803
David A. Doyle
District Public Defender Dee D. Gay
117 East Main Street, Suite 2C Asst District Attorney General
Gallatin, TN 37066 113 Main Street
Gallatin, TN 37066-2803
Judge: Jones
First Paragraph:
The appellant, George Lorenzo Cartwright (defendant), appeals as of
right from a judgment of the trial court revoking his community
corrections sentence and reinstating the sentence previously imposed
by the court. The trial court found the defendant had violated the
terms of his house arrest, he admitted he had ingested marijuana, and
he had been arrested for the possession of cocaine. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/CARTWRIG_OPN.WP6
STATE OF TENNESSEE
vs.
KELLY COLSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES D. WHITE, JR. JOHN KNOX WALKUP
101 Green Street Attorney General & Reporter
Celina, TN 38551
PETER M. COUGHLAN
Assistant Attorney General
425 Fifth Avenue North
2nd Floor, Cordell Hull Building
Nashville, TN 37243
WILLIAM EDWARD GIBSON
District Attorney General
DAVID A. PATTERSON
Asst District Attorney General
74 East Second Street
Crossville, TN 38555
Judge: WOODALL
First Paragraph:
In an indictment returned by the Cumberland County grand jury, the
Defendant, Kelly Colson, was charged with the offense of vehicular
homicide caused by the reckless killing of the victim as the proximate
result of conduct creating a substantial risk of death or serious
bodily injury, in violation of Tennessee Code Annotated section
39-13-213(a)(1), a Class C felony. Defendant subsequently filed an
Application for Pre-Trial Diversion. The District Attorney General
declined to agree to pre-trial diversion. Subsequently, Defendant
filed a Petition for Writ of Certiorari to the trial court. After a
hearing, the trial court entered an order denying the petition, from
which this court granted Defendant's Application for Permission to
Appeal pursuant to Rule 9, Tennessee Rules of Appellate Procedure. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/COLSONK_OPN.WP6
STATE OF TENNESSEE
vs.
RODNEY CORLEY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MARTIN G. SZEIGIS JOHN KNOX WALKUP
213 Third Avenue, North Attorney General & Reporter
Nashville, TN 37201
PETER M. COUGHLAN
Assistant Attorney General
425 Fifth Avenue North
2nd Floor, Cordell Hull Building
Nashville, TN 37243
VICTOR S. JOHNSON, III
District Attorney General
JOHN C. ZIMMERMAN
Asst District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
Judge: WOODALL
First Paragraph:
The Petitioner appeals as of right, pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure, from the Davidson County
Criminal Court's denial of his Petition for Post-conviction Relief.
The Petitioner argues that the trial court erred for two reasons: (1)
The Petitioner received ineffective assistance of counsel at trial by
trial counsel's failure to present testimony of a material witness;
and (2) the Petitioner was denied his right to due process of law
because the "reasonable doubt" jury instruction given in his case
allowed the jury to find guilt based on a lesser degree of proof than
is required by the Constitution. We affirm the judgment of the trial
court.
URL:http://www.tba.org/tba_files/TCCA/CORLEYR_OPN.WP6
LARRY DAWSON
vs.
STATE OF TENNESSEE
Court:TCCA
Judge: WOODALL
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 dismissal of the petitioner's petition for writ
of habeas corpus.
URL:http://www.tba.org/tba_files/TCCA/DAWSON1_ORD.WP6
STATE OF TENNESSEE
vs.
JODY L. HAGER
Court:TCCA
First Paragraph:
Appellant Jody L. Hager pleaded guilty in the Williamson Circuit Court
to theft of property valued under five hundred dollars and failure to
appear. He received consecutive sentences of eleven months and twenty
nine days for each offense. The trial court suspended the sentence
and ordered immediate probation. In this direct appeal, the State
presents the following issue for review: whether the trial court
erred in ordering immediate probation.
URL:http://www.tba.org/tba_files/TCCA/HAGERJOD_OR.WP6
JERRY W. HARDIN
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Shipp R. Weems John Knox Walkup
District Public Defender Attorney General and Reporter
P.O. Box 160 450 James Robertson Parkway
Charlotte, Tennessee 37036 Nashville, Tennessee 37243 0493
Robert H. Stovall, Jr. Eugene J. Honea
Assistant Public Defender Assistant Attorney General
P.O. Box 160 450 James Robertson Parkway
Charlotte, Tennessee 37036 Nashville, Tennessee 37243 0493
(appeal only) Dan Mitchum Alsobrooks
District Attorney General
P.O. Box 580
Charlotte, Tennessee 37036 0580
George Sexton
Asst District Attorney General
Humphrey County Courthouse
Waverly, Tennessee 37185
Judge: Barker
First Paragraph:
The Appellant, Jerry W. Hardin, appeals as of right the Humphreys
County Circuit Court's dismissal of his petition for post-conviction
relief. In 1977, the Appellant was convicted of robbery with a deadly
weapon and, pursuant to a plea agreement with the State, was sentenced
to ten years incarceration in the Tennessee Department of Correction.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/HARDNJW2_OPN.WP6
STATE OF TENNESSEE
vs.
JAMES HARRIS
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Ned J. Coleman John Knox Walkup
108 North Spring Street Attorney General and Reporter
Suite 108 450 James Robertson Parkway
Murfreesboro, Tennessee 37130 Nashville, Tennessee 37243 0493
Peter M. Coughlan
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243 0493
William Whitesell
District Attorney General
Third Floor, Judicial Building
Murfreesboro, Tennessee 37130
Judge: Barker
First Paragraph:
The appellant, James Harris, appeals as of right the extension of his
probationary sentence and the court-ordered payment schedule for his
court costs and fine. We have reviewed the record on appeal and find
that the trial court erred in extending the appellant's probation
beyond the length of the original sentence. We also find that the
trial court acted well within its discretion when it ordered the
appellant to pay his court costs and fine on a payment schedule.
Accordingly, we reverse the trial court's decision to extend the
appellant's probationary sentence and we affirm the trial court's
decision to instate a payment schedule for the appellant.
URL:http://www.tba.org/tba_files/TCCA/HARRIS-J_OPN.WP6
DARREL D. HAYES
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Robert J. Mendes Charles W. Burson
Stanton, Tidwell, & Mendes, PLLC Attorney General & Reporter
Cummins Station
Suite 507 Daryl J. Brand
209 Tenth Avenue South Assistant Attorney General
Nashville, TN 37203 450 James Robertson Parkway
Nashville, TN 37243-0493
Bill Reed
Asst District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
Judge: WADE
First Paragraph:
The petitioner, Darrel D. Hayes, appeals from the trial court's denial
of post-conviction relief from three counts of sexual battery and one
count of aggravated rape. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/HAYESDD_OPN.WP6
STATE OF TENNESSEE
vs.
JAMES A. HEARN
with CONCURRING OPINION
Court:TCCA
Attorneys:
FOR THE APPELLEE FOR THE APPELLANT
Donald Dawson John Knox Walkup
First American Center, 20th Floor Attorney General and Reporter
315 Deadrick Street 450 James Robertson Parkway
Nashville, Tennessee 37238-2075 Nashville, Tennessee 37243-0493
Ellen H. Pollack
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243-0485
Victor S. Johnson, III
District Attorney General
Washington Square, Ste 500
222 Second Avenue, North
Nashville, Tennessee 37201-1649
Sharon Brox
Asst District Attorney General
Washington Square, Ste 500
222 Second Avenue, North
Nashville, Tennessee 37201-1649
Judge: Barker
First Paragraph:
The State of Tennessee appeals an order of the Davidson County
Criminal Court sustaining the appellee's motion to suppress evidence.
The State argues on appeal that the trial court erred when it excluded
evidence obtained as a result of a valid search of the appellee's
home. Having reviewed the record on appeal, we affirm the action of
the trial court.
URL:http://www.tba.org/tba_files/TCCA/HEARNJA_OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/HEARNJA_CON.WP6
STATE OF TENNESSEE
vs.
TERRY LYNN KIRBY
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Ricky L. Jenkins John Knox Walkup
115 S. Main Street Attorney General and Reporter
Sparta, Tennessee 38583 450 James Robertson Parkway
Nashville, Tennessee 37243 0493
Peter M. Coughlan
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243 0493
William E. Gibson
District Attorney General
145 S. Jefferson Avenue
Cookville, Tennessee 38501 3424
Anthony J. Craighead
Asst District Attorney General
145 S. Jefferson Avenue
Cookville, Tennessee 38501 3424
Judge: Barker
First Paragraph:
The Appellant, Terry Lynn Kirby, appeals as of right his convictions
for one count of burglary and one count of theft of less than $500.00.
He also appeals the sentence for his burglary conviction. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/KIRBYTL_OPN.WP6
STATE OF TENNESSEE
vs.
SHANNON KNIGHT
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Comer L. Donnell Charles W. Burson
District Public Defender Attorney General & Reporter
Karen G. Chaffin Sarah M. Branch
Assistant Public Defender Counsel for the State
213 North Cumberland Street 450 James Robertson Parkway
P.O. Box 888 Nashville, TN 37243-0493
Lebanon, TN 37087
(on appeal) John D. Wootten, Jr.
Asst. District Attorney General
Bobby Ellis 203 Greentop Street
Assistant Public Defender P.O. Box 178
(at sentencing) Hartsville, TN 37074-0178
Lisa C. Cothron
Assistant Public Defender
(at trial)
Judge: WADE
First Paragraph:
The defendant, Shannon Knight, originally charged with four counts of
passing forged checks and one count of theft over $1,000, was found
guilty of one count of forgery and one count of theft under $500. The
trial court determined that the defendant was a multiple offender and
imposed Range II sentences of four years and eleven months,
twenty-nine days respectively. While the sentences were ordered to be
served concurrently, they are consecutive to a prior six-year
sentence. REVERSED AND DISMISSED.
URL:http://www.tba.org/tba_files/TCCA/KNIGHT-S_OPN.WP6
MICHAEL P. MEEHAN
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL P. MEEHAN, pro se JOHN KNOX WALKUP
Turney Center #120852 Attorney General & Reporter
Route 1, Unit 1A/25
Only, TN 37140-9709 LISA A. NAYLOR
Assistant Attorney General
425 Fifth Avenue North
2nd Floor, Cordell Hull Building
Nashville, TN 37243
JOSEPH D. BAUGH, JR.
District Attorney General
RONALD L. DAVIS
Asst District Attorney General
Williamson County Courthouse Ste. G-6
P.O. Box 937
Franklin, TN 37065
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 dismissal of his
"Application for Writ of Habeas Corpus Relief." The Petitioner argues
four issues in this appeal: (1) The trial court erred in dismissing
his Application for Writ of Habeas Corpus Relief without having an
evidentiary hearing; (2) whether Petitioner's sentence as imposed by
the trial court has expired as provided by law; (3) whether the TDOC
can apply an inmate's earned and awarded sentence credits to reduce
the earliest release eligibility date; (4) whether there is statutory
authority that would allow the TDOC to award the amount of sentence
reduction credits claimed by the Petitioner. We affirm the judgment
of the trial court.
URL:http://www.tba.org/tba_files/TCCA/MEEHANMP_OPN.WP6
STATE OF TENNESSEE
vs.
VAUGHN MIXON
with DISSENTING OPINION
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GEORGE MORTON GOOGE JOHN KNOX WALKUP
District Public Defender Attorney General and Reporter
PAMELA J. DREWERY WILLIAM DAVID BRIDGERS
Assistant District Public Defender Assistant Attorney General
26th Judicial District 450 James Robertson Parkway
227 West Baltimore St. Nashville, TN 37243
Jackson, TN 38301
JERRY WOODALL
District Attorney General
DON ALLEN
Assistant District Attorney
P. O. Box 2825
Jackson, TN 38301
Judge: SMITH
First Paragraph:
On November 16, 1994, Appellant Vaughn Mixon was found guilty by a
Chester County Circuit Court jury of attempted rape, attempted incest,
sexual battery, public intoxication, and evading arrest. REVERSED AND
REMANDED.
URL:http://www.tba.org/tba_files/TCCA/MIXONV_OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/MIXONV_DIS.WP6
JAMES DAVID PACK
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
James David Pack, Pro Se Charles W. Burson
F.C. I. Beckley Attorney General & Reporter
P.O. Box 305
Beaver, WV 25813 Marvin E. Clements, Jr.
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
William H. Cox III
District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
Judge: SUMMERS
First Paragraph:
In February 1979 the appellant, James David Pack, pled guilty to four
counts of second degree burglary, two counts of passing a forged
document, and one count of grand larceny. He received an effective
sentence of three years incarceration. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/PACKJD_OPN.WP6
STATE OF TENNESSEE
vs.
MELVIN E. WISDOM
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Michael R. Jones John Knox Walkup
District Public Defender Attorney General and Reporter
109 South Second Street 450 James Robertson Parkway
Clarksville, Tennessee 37040 Nashville, Tennessee 37243 0493
Charles F. Bloodworth Daryl J. Brand
Assistant Public Defender Assistant Attorney General
109 South Second Street 450 James Robertson Parkway
Clarksville, Tennessee 37040 Nashville, Tennessee 37243 0493
John W. Carney, Jr.
District Attorney General
204 Franklin Street, Suite 200
Clarksville, Tennessee 37040 3420
Helen O. Young
Asst District Attorney General
204 Franklin Street, Suite 200
Clarksville, Tennessee 37040 3420
Judge: Barker
First Paragraph:
The appellant, Melvin E. Wisdom, appeals as of right his conviction of
automobile burglary and theft of property valued at less than five
hundred dollars. He argues on appeal that the evidence presented at
trial was insufficient to sustain his conviction. We have reviewed
the record on appeal and find that the evidence was more than
sufficient to convict the appellant. Accordingly, we affirm the trial
court's judgment.
URL:http://www.tba.org/tba_files/TCCA/WISDOMME_OPN.WP6
STATE OF TENNESSEE
vs.
BRENDA FAYE WORLEY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
STEPHEN M. WALLACE JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
LESLIE S. HALE MICHAEL J. FAHEY, II
Assistant Public Defender Assistant Attorney General
P.O. Box 839 Criminal Justice Division
Blountville, TN 37617 450 James Robertson Parkway
Nashville, TN 37243-0493
H. GREELEY WELLS, JR.
District Attorney General
TERESA M. SMITH
Asst. District Attorney General
P.O. Box 526
Blountville, TN 37617
Judge: WITT
First Paragraph:
The appellant, Brenda Faye Worley, appeals the Sullivan County
Criminal Court's revocation of her Community Corrections sentence and
order that she serve her original three year effective sentence in the
Department of Correction for convictions of possession of cocaine for
resale and possession of drug paraphernalia. In her appeal to this
court, the appellant contends the lower court abused its discretion in
revoking her non-incarcerative sentence because (1) she was not
provided with written notice of the conduct that was used as a basis
for the violation finding, (2) the court had no jurisdiction over her
because the term of her original sentence had expired, and (3)
imposition of the original sentence was not warranted. We fail to
find merit in the appellant's issues and affirm the judgment of the
lower court.
URL:http://www.tba.org/tba_files/TCCA/WORLEYBF_OPN.WP6
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank
© Copyright 1998 Tennessee Bar Association - This Issue (IN THIS ORDER):