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MARY JOYCE BEATY vs. JACK LLOYD BEATY, SR. Court:TCA Lisa M. Carson; Petersen, Buerger, Moseley & Carson of Franklin For Appellee Thomas W. Hardin; Hardin & Parkes of Columbia For Appellant Judge: CRAWFORD First Paragraph: This appeal involves post-divorce proceedings. Plaintiff, Mary Joyce Beaty (Wife), appeals the judgment of the trial court awarding an offset of $17,102.30 to defendant, Jack Lloyd Beaty, Sr. (Husband), against $9,794.52 in post judgment interest he owed to Wife. URL:http://www.tba.org/tba_files/TCA/BEATYMAR_OPN.WP6 CLELLAND DAVID COLLINS, JR. and wife, CAROL V. COLLINS vs. ROGER V. WELLBROOK and wife, CAROLE I. WELLBROOK Court:TCA JACKY O. BELLAR 212 Main Street P. O. Box 332 Carthage, TN 37030 Attorney for Plaintiffs/Appellees JAMES B. DANCE 216 N. Main Street P. O. Box 278 Carthage, TN 37030 Attorney for Defendants/Appellants Judge: CANTRELL First Paragraph: Appellants present one issue for our review: Whether the trial court erred in finding that the statute of frauds did not bar appellees' recovery of $10,000 plus interest loaned to appellants pursuant to an oral contract. Though this contract falls within the statute of frauds, we find that, under the circumstances of this case, appellants are equitably estopped from relying on the statute to avoid repayment of the loan under the terms of the contract. Accordingly, we affirm the decision of the trial court. URL:http://www.tba.org/tba_files/TCA/COLLINCD_OPN.WP6 EDNA DANIELS vs. DAVID WAYNE DAVIS Court:TCA For the Plaintiff/Appellant: For the Defendant/Appellee: Keith Jordan Thomas F. Mink, II Nashville, TN Keith W. Blair Nashville, TN Judge: KOCH First Paragraph: This appeal involves a woman who fell down a flight of basement stairs in her son's home. The woman filed suit against her son in the Circuit Court for Davidson County alleging that her injuries were caused by the removal of a handrail and the obstruction of the illumination on the stairs. The trial court, relying on Eaton v. McClain, 891 S.W.2d 587 (Tenn. 1994), granted the son's motion for summary judgment. The woman asserts on this appeal that the existence of genuine factual disputes should have prevented granting a summary judgment. While the facts in this case are essentially undisputed, we have determined that the conclusions to be drawn from the facts are not. Accordingly, we vacate the summary judgment. URL:http://www.tba.org/tba_files/TCA/DANIELSE_OPN.WP6 FIRST AMERICAN NATIONAL BANK vs. NATIONAL PROJECT SERVICES, INC Court:TCA ANTHONY J. McFARLAND CLISBY H. BARROW BRYAN E. LARSON 2700 First American Center Nashville, TN 37238 Attorneys for Plaintiff/Appellee ALFRED H. KNIGHT 215 Second Avenue, North Nashville, TN 37201 NADER BAYDOUN JOHN I. HARRIS, III Nashville City Center 511 Union Street, Suite 2420 Nashville, TN 37219-1716 Attorneys for Defendant/Appellant Judge: CANTRELL First Paragraph: A small business asserts that its bank had an implied duty to give reasonable notice of its intent to stop extending credit to the business; that such implied promise was not within the statute of frauds; and that even if it were within the statute of frauds, the bank was estopped to raise the statute as a defense. The Chancery Court of Davidson County granted summary judgment to the bank. We hold that in this case the bank did not have a duty to inform the customer that it was terminating the customer's credit. Therefore, we affirm the lower court's order. URL:http://www.tba.org/tba_files/TCA/FIRSTAME_OPN.WP6 JOHN L. GOODWIN, III vs. HENDERSONVILLE POLICE DEPT., DAVID L. KEY, Police Chief, and R.J. (HANK) THOMPSON, Mayor Court:TCA For the Plaintiff/Appellant: For the Defendants/Appellees: John L. Goodwin, III John R. Bradley Pro Se Hendersonville, TN Judge: KOCH First Paragraph: This appeal concerns the efforts of a state prisoner to obtain access to the police investigative files relating to his convictions. The prisoner filed suit against the Hendersonville Police Department in the Circuit Court for Sumner County seeking access to the department's investigative files on the grounds they contained exculpatory evidence that had been withheld during his criminal prosecution. The police department responded by asserting that criminal proceedings involving the prisoner were still open because his case had been remanded for resentencing and that the prisoner did not have standing to seek relief under the Public Records Act. Based on the pleadings, the trial court determined that while the prisoner's prosecution was over, the prisoner was not entitled to relief under the Public Records Act. The prisoner has appealed. We have determined that we cannot reach the merits of this case because the prisoner's notice of appeal was untimely. URL:http://www.tba.org/tba_files/TCA/GOODWNJL_OPN.WP6 CHRISTOPHER JACOBSEN and JEFFREY JACOBSEN, Beneficiaries of the Estate of Edna M. Nissen vs. RUTH FLATHE, in her capacity as Executrix of the Estate of Edna M. Nissen and in her Individual Capacity as a Beneficiary of the Estate of Edna M. Nissen Court:TCA For the Plaintiff/Appellee: For the Defendant/Appellant: M. Bradley Gilmore G. Thomas Nebel Christina Norris John B. Carlson Parker, Lawrence, Cantrell & Dean Williams & Associates Nashville, TN Nashville, TN Judge: KOCH First Paragraph: This appeal involves an intrafamily dispute over the meaning of an elderly widow's will. After the will was admitted to probate in the Chancery Court for Williamson County, the sons of one of the legatees who had predeceased the testator filed a petition for judicial construction asserting that they were entitled to receive their mother's share under the antilapse statute. The trial court granted a summary judgment in the sons' favor. On this appeal, the estate's personal representative, who is also a legatee, asserts that the will should be construed to give her the predeceased legatee's share. We have determined that the trial court correctly decided that the gift to the deceased legatee did not lapse and, therefore, affirm the summary judgment. URL:http://www.tba.org/tba_files/TCA/JACOBSNC_OPN.WP6 STATE OF TN, ex rel., SHERRY McALLISTER vs. DANNY GOODE Court:TCA For the Plaintiff/Appellee: For the Defendant/Appellant: John Knox Walkup Anita M. Holden Attorney General and Reporter Lebanon, TN James H. Tucker, Jr. Assistant Attorney General Judge: KOCH First Paragraph: This appeal involves a non-custodial parent's liability for a sizeable child support arrearage accumulated over eight years. The State of TN petitioned the Circuit Court for Sumner County to require the non-custodial parent to pay the arrearage and to find the non-custodial parent in contempt. The non-custodial parent responded by requesting a reduction in his child support obligation and by asserting that he was not in arrears because of a side agreement with the custodial parent to reduce his child support obligation. The trial court declined to give effect to the side agreement or to reduce the non-custodial parent's child support obligation. It determined that the non-custodial parent was in willful civil contempt and ordered him to pay the $42,700 arrearage to the custodial parent. The non-custodial parent takes issue on this appeal with the conclusions that he owed $42,700 in child support, that he was not entitled to a prospective reduction in his child support obligation, and that he was in willful civil contempt. We have determined that the judgment for the arrearage should be affirmed but that the judgment for contempt should be reversed and that the case should be remanded for the computation of the non-custodial parent's prospective child support obligation. URL:http://www.tba.org/tba_files/TCA/MCALISTR_OPN.WP6 JEREMY PARENT, A Minor, b/n/f Parents, and Guardians MARTIN PARENT and JUDITH PARENT vs. STATE OF TN Court:TCA Michael A. Kent; Cleary & Lockett, P.C. of Chattanooga For Plaintiff-Appellant John Knox Walkup, Attorney General and Reporter Mary M. Bers, Assistant Attorney General David T. Whitefield, Senior Counsel For Defendant-Appellee Judge: CRAWFORD First Paragraph: This is an appeal of a TN Claims Commission case. Plaintiffs, Jeremy Parent, a minor, by his next friend, and his parents Martin Parent and Judith Parent (the Parents), appeal the order of the TN Claims Commission (Commission) granting the State of TN's motion to dismiss the notice of claim for failure to state a claim upon which relief can be granted. URL:http://www.tba.org/tba_files/TCA/PARENTJE_OPN.WP6 STATE OF TN vs. TOMMY A. BACON Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Stephen M. Wallace Charles W. Burson District Public Defender Attorney General & Reporter Gale K. Flanary Peter M. Coughlan Assistant Public Defender Assistant Attorney General P.O. Box 839 Criminal Justice Division Blountville, TN 37617-0839 450 James Robertson Parkway Nashville, TN 37243-0493 H. Greeley Wells, Jr. District Attorney General Gregory A. Newman Asst District Attorney General P.O. Box 526 Blountville, TN 37617-0526 Judge: SUMMERS First Paragraph: The appellant, Tommy A. Bacon, was indicted for selling over .5 ounces of marijuana, possession of over .5 ounces of marijuana with intent to sell, and possession of drug paraphernalia. Following a summary administrative forfeiture, the appellant moved to dismiss his criminal charges. He argued that the double jeopardy clause prohibited criminal prosecution. The trial judge denied the appellant's motion. He pled guilty to all three charges, appealing a certified question of law regarding the double jeopardy issue to this Court. Upon review, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/bacontom_opn.WP6 STATE OF TN vs. CARL ALEXANDER COLE Court:TCCA FOR THE APPELLANT FOR THE APPELLEE Clifford K. McGown, Jr. John Knox Walkup 113 North Court Square Attorney General and Reporter Waverly, TN 37185 450 James Robertson Parkway Nashville, TN 37243 0493 George Morton Googe District Public Defender Elizabeth T. Ryan 227 West Baltimore Street Assistant Attorney General Jackson, TN 38301 450 James Robertson Parkway Nashville, TN 37243 0493 Jeffrey J. Mueller Assistant Public Defender James G. Woodall 227 West Baltimore Street District Attorney General Jackson, TN 38301 225 Martin Luther King Drive Jackson, TN 38302 2825 Shaun A. Brown Asst District Attorney General 225 Martin Luther King Drive Jackson, TN 38302 2825 Judge: Barker First Paragraph: The Appellant, Carl Alexander Cole, appeals as of right his conviction and sentence for the sale of more than 0.5 grams of cocaine. He argues on appeal that: (1) The trial court erred in refusing to permit him to develop proof concerning policies and procedures with regard to the use of informants in undercover drug purchases and in refusing his request to make an offer of proof. (2) The trial court erred in refusing to permit him to question the confidential informant about the informant's background and employment history. (3) The sentence imposed by the trial court was excessive and the trial court erred by not sentencing him to an alternative sentence, such as the community correction program. We have reviewed the record on appeal and find no merit to the Appellant's argument. We affirm. URL:http://www.tba.org/tba_files/TCCA/coleca_opn.WP6 STATE OF TN vs. WILLIE L. COVINGTON Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Brett B. Stein John Knox Walkup Attorney at Law Attorney General & Reporter 100 North Main Street, Suite 3102 500 Charlotte Avenue Memphis, TN 38103 Nashville, TN 37243-0497 Deborah A. Tullis Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 William L. Gibbons District Attorney General 201 Poplar Avenue, Suite 301 Memphis, TN 38103 David Henry Asst District Attorney General 201 Poplar Avenue, Suite 3-01 Memphis, TN 38103 Judge: Jones First Paragraph: The appellant, Willie L. Covington (defendant), appeals as of right from a judgment of the trial court declaring him to be a habitual motor vehicle offender and barring him from operating a motor vehicle in the State of TN. In this Court, the defendant does not challenge the validity or sufficiency of the prior convictions alleged in the petition and used by the trial court to support the entry of its judgment. However, the defendant contends the use of the prior convictions to bar him from operating a motor vehicle constitutes an additional civil penalty violative of the Double Jeopardy Clause of the Fifth Amendment. URL:http://www.tba.org/tba_files/TCCA/covingwl_opn.WP6 OSCAR ELLIS, JR. vs. STATE OF TN Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: OSCAR ELLIS, JR., pro se JOHN KNOX WALKUP Inmate #25042-83 Attorney General & Reporter F.C.I. Memphis P.O. Box 34550 (TN-B) M. ALLISON THOMPSON Memphis, TN 38184-0550 Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General KAREN COOK Asst District Attorney General 201 Poplar Avenue, Ste. 301 Memphis, TN 38103 Judge: WOODALL First Paragraph: The Petitioner, Oscar Ellis, Jr., appeals the order of the Shelby County Criminal Court dismissing his pro se petition to vacate his guilty plea or in the alternative for post-conviction relief. The trial court treated the petition as one for post-conviction relief and summarily dismissed it as barred by the statute of limitations. The Petitioner's primary argument on appeal is that the Post Conviction Procedure Act that became effective May 10, 1995, gives him a new one-year time period in which to file a Petition for Post-Conviction Relief. After a review of the record, we affirm the lower court's denial of post conviction relief. URL:http://www.tba.org/tba_files/TCCA/elliso_opn.WP6 STATE OF TN vs. LUCKY HUMPHREYS Court:TCCA FOR THE APPELLEE: FOR THE APPELLANT: WILLIAM K. RANDOLPH JOHN KNOX WALKUP P. O. Box 611 Attorney General and Reporter Dyersburg, TN 38025-0611 DEBORAH A. TULLIS Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 ELIZABETH T. RICE District Attorney General MARK E. DAVIDSON Assistant District Attorney General 302 Market Street Somerville, TN 38068 Judge: RILEY First Paragraph: The state appeals the dismissal of an indictment for driving under the influence of an intoxicant. The trial court found that the post-arrest detention of the defendant constituted punishment and dismissed the indictment based upon a finding of double jeopardy. We reverse and reinstate the indictment. URL:http://www.tba.org/tba_files/TCCA/humphrel_opn.WP6 ROBERT E. PARKER vs. STATE OF TN Court:TCCA FOR THE Appellant FOR THE APPELLEE Thomas C. Fila John Knox Walkup One Memphis Place Attorney General and Reporter 200 Jefferson Avenue, Suite 1025 450 James Robertson Parkway Memphis, TN 38103 Nashville, TN 37243 0493 Clinton J. Morgan Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 0493 John W. Pierotti District Attorney General 201 Poplar Avenue Memphis, TN 38103 1947 David Henry Asst District Attorney General 201 Poplar Avenue Memphis, TN 38103 1947 Judge: Barker First Paragraph: The appellant, Robert E. Parker, appeals as of right the judgment of the Shelby County Criminal Court dismissing his petition for post-conviction relief. He argues on appeal that the trial court erred in finding that he received the effective assistance of counsel. He contends that the trial court was in error because his trial counsel failed to conduct an adequate investigation, failed to adequately and effectively confer with him prior to trial, and failed to secure the attendance at trial of two witnesses the appellant believed favorable to his defense. Following our review of the record on appeal, we find no reversible error and affirm the trial court's dismissal of the post-conviction petition. URL:http://www.tba.org/tba_files/TCCA/parkerre_opn.WP6 STATE OF TN vs. KERWIN L. WALTON Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: W. Mark Ward John Knox Walkup Asst. Shelby Cty PD Attorney General & Reporter 147 Jefferson, Suite 900 500 Charlotte Avenue Memphis, TN 38103 Nashville, TN 37243-0497 (On Appeal) Susan Rosen Betty Jo Thomas Assistant Attorney General Asst. Shelby Cty PD 450 James Robertson Parkway 201 Poplar Avenue, Suite 2-01 Nashville, TN 37243-0493 Memphis, TN 38103-1947 (At Trial) William L. Gibbons District Attorney General OF COUNSEL: 201 Poplar Avenue, Suite 3-01 Memphis, TN 38103-1947 A C Wharton, Jr. Shelby County Public Defender Kevin R. Rardin 201 Poplar Avenue, Suite 2-01 Asst District Attorney General Memphis, TN 38103-1947 201 Poplar Avenue, Suite 3-01 Memphis, TN 38103-1947 Karen Cook Asst District Attorney General 201 Poplar Avenue, Suite 3-01 Memphis, TN 38103-1947 Judge: Jones First Paragraph: The appellant, Kerwin L. Walton (defendant), was convicted of aggravated arson, a Class A felony, by a jury of his peers. The trial court, finding the defendant was a standard offender, imposed a Range I sentence of confinement for twenty-five (25) years in the Department of Correction. The defendant presents one issue for review. He contends the sentence imposed by the trial court was excessive because the trial court "improperly applied enhancement factors" and "improperly relied on non-statutory enhancement factors." After a thorough review of the record, the briefs submitted by the parties, and the law governing the issue presented for review, it is the opinion of this Court that the judgment of the trial court should be affirmed. URL:http://www.tba.org/tba_files/TCCA/waltonk_opn.WP6 STATE OF TN vs. RANDY S. WATSON Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: BRETT B. STEIN JOHN KNOX WALKUP 100 N. Main Street Attorney General and Reporter Number 3102 Memphis, TN 38103 KENNETH W. RUCKER Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General REGINALD HENDERSON Asst District Attorney General 201 Poplar Avenue, Suite 301 Memphis, TN 38103 Judge: RILEY First Paragraph: Appellant contends the Habitual Motor Vehicle Offender Act (HMVO Act) violates double jeopardy principles. On May 9, 1996, appellant was declared an Habitual Motor Vehicle Offender (HMVO) based upon appropriate prior convictions. His motion to dismiss based upon double jeopardy was denied. We AFFIRM the order of the trial court. URL:http://www.tba.org/tba_files/TCCA/watasors_opn.WP6 STATE OF TN vs. BOBBY G. WATKINS Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: JAMES E. BROCKMAN JOHN KNOX WALKUP 203 TN Avenue South Attorney General and Reporter P.O. Box 25 Parsons, TN 38363 KENNETH W. RUCKER Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 JERRY WOODALL District Attorney General DONALD ALLEN Asst District Attorney General P.O. Box 2825 Jackson, TN 38302 Judge: WELLES First Paragraph: The Defendant, Bobby G. Watkins, appeals as of right pursuant to Rule 3 of the TN Rules of Appellate Procedure. He was convicted by a Henderson County jury of one count of impersonation of a licensed professional, a Class E felony, and one count of violation of the private investigators licensing act, a Class A misdemeanor. He was sentenced to one year for the impersonation of a licensed professional conviction and eleven months and twenty-nine days for the violation of the private investigator licensing act, to be served concurrently. Both sentences were suspended and the Defendant was placed on supervised probation conditioned upon his paying all fines and court costs within ten months. The Defendant appeals his convictions and raises two issues: (1) That the evidence was insufficient to support his convictions; and (2) that the trial court's instructing the jury with a version of TN Code Annotated section 62-26-202 that was amended after the crimes were committed was, in effect, a violation of the prohibition against ex post facto laws. After a careful review of the record in this case, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/watkinbg_opn.WP6
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