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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JORDAN BAIR, Minor, b/n/f/ and Parent, MARK BAIR vs. JOHN DOE Court:TCA Attorneys: Richard Baker Mark W. Strange Knoxville, Tennessee Attorney for Plaintiffs/Appellants Lela M. Hollabaugh Nashville, Tennessee Attorney for Defendant/Appellee Judge: LILLARD First Paragraph: In this case, Appellants Jordan, Whitney, Linda, and Mark Bair ("the Bairs") were traveling on 1-40 near Dickson, Tennessee. Hillary Bair, a fifteen-year-old with a learner's permit, took over the driving from her mother, Linda Bair. Ten minutes later, while traveling at the speed of 65 m.p.h., the legal speed limit, Hillary decided to pass a tractor-trailer in front of her. As her mother watched her, Hillary checked the rear-view mirrors, put on her left-hand turn signal, looked to her left to make sure there were no vehicles in the left-hand lane, and, seeing no other cars, began to pull into the left-hand lane. Linda Bair also looked at the left-hand lane and also saw no other cars. There was an impact from behind, on the left rear bumper of the Bair vehicle. Hillary then saw a light-colored vehicle pass by. The van began to fishtail, and Hillary lost control of it. The van ran off the road into an embankment and rolled, causing various injuries to the Appellants. URL:http://www.tba.org/tba_files/TCA/bairj_opn.WP6 BILLY FRANK HENLEY and, JOE H. MARLOW vs. DALE DOTSON and wife, ELSIE DOTSON Court:TCA Attorneys: Aubrey L. Harper McMinnville, Tennessee Attorney for Defendants/Appellants Robert F. Hazard Tullahoma, Tennessee Attorney for Plaintiffs/Appellees Judge: LILLARD First Paragraph: The plaintiffs in this case, Billy Frank Henley ("Henley") and Joe H. Marlow ("Marlow"), own tracts of farm land in Coffee County, Tennessee. Henley acquired his land in 1992 from his brother, Clarence Henley, and his sister-in-law, Nona Mae Henley. Clarence and Nona Mae Henley had acquired the property from his parents in 1974. His parents had owned the property since 1957. Marlow acquired one tract of land at issue in 1973 and another tract of land at issue in 1975. The plaintiffs claim that a road separates their land from that of the defendants, Dale and Elsie Dotson ("Dotson"). URL:http://www.tba.org/tba_files/TCA/henleybf_opn.WP6 ISSAC LYDELL HERRON vs. ELIZABETH T. RICE, et al Court:TCA Attorneys: Issac Lydell Herron, Pro Se John Knox Walkup, Attorney General & Reporter Abigail Turner, Assistant Attorney General for Defendants/Appellees Elizabeth T. Rice and Jimmy Harrison Judge: FARMER First Paragraph: Issac Lydell Herron appeals from the trial court's order dismissing his petition for a writ of mandamus. The complaint alleges that Mr. Herron is the president and incorporator of the Church of God at Cold Creek, Inc., a Tennessee corporation. Jimmy Harrison is the warden of Cold Creek Correctional Facility (CCCF) and Elizabeth T. Rice is the District Attorney General of the 25th Judicial District. Although not specifically stated in the complaint, it is apparent from the exhibits to the complaint that Mr. Herron is incarcerated at CCCF. URL:http://www.tba.org/tba_files/TCA/herronil_opn.WP6 ANTHONY EARL McCANN and CYNTHIA McCANN vs. PEGGY McCANN PATTERSON WEATHERS Court:TCA Attorneys: A. Don Walker, III, Dyersburg, Tennessee Attorney for Petitioner/Appellant. John W. Palmer, THE PALMER LAW FIRM, Dyersburg, Tennessee Attorney for Petitioner/Appellee. Judge: FARMER First Paragraph: Peggy McCann Patterson Weathers appeals the trial court's order which granted the petition of Appellees Anthony Earl McCann and Cynthia McCann to adopt the two minor children of Weathers' daughter, Virginia Darlene McCann Wills. We affirm the court's final order of adoption. URL:http://www.tba.org/tba_files/TCA/mccannae_opn.WP6 STATE OF TENNESSEE vs. VICTOR LOFTON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: TOM W. CRIDER JOHN KNOX WALKUP District Public Defender Attorney General and Reporter 28th Judicial District SARAH M. BRANCH JOYCE DIANE STOOTS Assistant Attorney General Assistant Public Defender 450 James Robertson Parkway 107 South Court Square Nashville, TN 37243-0493 Trenton, TN 38382 CLAYBURN L. PEEPLES District Attorney General EDWARD L. HARDISTER Asst District Attorney General 110 South College Street Suite 200 Trenton, TN 38382 Judge: RILEY First Paragraph: This is an appeal from the revocation of a community corrections sentence in which defendant's sentence was increased from two (2) years to three and one-half (3 ) years. Defendant raises two issues for our review: (1) whether the trial court erred in increasing the sentence, and (2) whether the trial court erred in failing to award defendant proper credit for the time he was on community corrections. We agree with defendant's argument in both respects and modify the sentence. URL:http://www.tba.org/tba_files/TCCA/loftonv_opn.WP6 SHANNON R. MARTIN vs. JAMES A. BOWLIN, Warden, and STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Shannon R. Martin, Pro Se Charles W. Burson S.T.S.R.C.F. Attorney General and Reporter Route #4, Box 600 Pikeville, TN 37367 Sandy R. Copous Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 James Michael Taylor District Attorney General James W. Pope, III Asst. District Attorney General Fan Bank Bldg., Suite 300 265 Third Avenue Dayton TN 37321-1238 Judge: Hayes First Paragraph: The appellant, Shannon R. Martin, appeals the trial court's dismissal of his pro se petition for writ of habeas corpus. The appellant is currently confined at the state correctional facility in Bledsoe County where he is serving a forty year sentence for aggravated rape. His conviction occurred on May 27, 1987. The appellant filed the instant petition on October 4, 1996, alleging that the judgment entered against him is void because the indictment failed to allege the mens rea of the offense charged. The trial court dismissed the petition, finding the indictment sufficient to support the entry of a judgment of conviction for aggravated rape. We affirm the trial court's dismissal of the petition. URL:http://www.tba.org/tba_files/TCCA/martinsr_opn.WP6 ANTHONY DEWAYNE PARKER vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ANTHONY DEWAYNE PARKER JOHN KNOX WALKUP Reg. #13620-076 Attorney General & Reporter F.C.I., Memphis P.O. Box 34550 Memphis, TN 38103 M. ALLISON THOMPSON Assistant Attorney General 425 Fifth Avenue North 2nd Floor, Cordell Hull Building Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General JAMES MORTON LAMMEY, JR. Asst District Attorney General 201 Poplar Avenue, Suite 301 Memphis, TN 38103-1947 Judge: WOODALL First Paragraph: The Petitioner, Anthony Dewayne Parker, appeals the order of the Shelby County Criminal Court dismissing his pro se petition for post conviction relief. In this appeal, Petitioner raises numerous issues which can collectively be summarized as challenging the trial court's ruling that the petition for post-conviction relief is time-barred. The Petitioner's primary argument 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/parkerad_opn.WP6 ODELL RAY, JR. vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: MELANIE E. TAYLOR CHARLES W. BURSON 50 North Front Street Attorney General and Reporter Suite 1150 Memphis, TN 38103 KAREN M. YACUZZO Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 WILLIAM GIBBONS District Attorney General DAVID SHAPIRO and JENNIFER NICHOLS Asst. District Attorneys General Criminal Justice Complex Suite 301 Memphis, TN 38103 Judge: Hayes First Paragraph: The appellant, Odell Ray, Jr., was indicted by a Shelby County Grand Jury for the April 30, 1993, premeditated murder of Willie Hicks. On the second day of the appellant's scheduled trial, he entered a guilty plea to a reduced charge of second degree murder. Pursuant to his plea agreement, the appellant was sentenced to forty-five years in the Department of Correction, with a thirty-five percent release eligibility date, as a range II offender. On June 16, 1994, the appellant filed a pro se petition for post-conviction relief, this petition was later amended on February 23, 1995, with the assistance of counsel. The appellant's petition alleges that his trial counsel was ineffective and that the trial court imposed an illegal sentence, i.e., the sentence imposed was outside the applicable sentencing range. In reference to his ineffective assistance of counsel claim, the appellant contends that (1) counsel failed to confer with him concerning matters of defense; (2) counsel failed to conduct appropriate investigations and discovery; (3) counsel failed to inform the defendant that he was pleading outside his range; and (4) counsel failed to submit any motions on the defendant's behalf. The post-conviction court, after conducting an evidentiary hearing, denied the appellant relief. The appellant now appeals this denial. URL:http://www.tba.org/tba_files/TCCA/rayo_opn.WP6 STATE OF TENNESSEE vs. CHARLES ANTHONY RICHARDS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Patricia Hall Long John Knox Walkup Attorney at Law Attorney General & Reporter 2100 Riverview Tower 900 S. Gay Street Marvin E. Clements, Jr. Knoxville, TN 37902 Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 H. Greeley Wells, Jr. District Attorney General Edward E. Wilson Asst. Dist. Attorney General P.O. Box 526 Blountville, TN 37617 Judge: SUMMERS First Paragraph: The appellant, Charles Anthony Richards, pled guilty to aggravated robbery. After a hearing, he was sentenced to eight years incarceration. His sentence is to be served consecutively to an unrelated federal sentence. The appellant contends that the trial court erred in ordering his sentence to be served consecutively to his federal sentence. URL:http://www.tba.org/tba_files/TCCA/richards_opn.WP6 STATE OF TENNESSEE vs. TELLY M. SLAYON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WALKER GWINN CHARLES W. BURSON Assistant Public Defender Attorney General and Reporter 201 Poplar Suite 2-01 Memphis, TN 38103 MICHAEL J. FAHEY, II Assistant Attorney General DENIELLE V. YOUNG Legal Assistant 450 James Robertson Parkway Nashville, TN 37243 WILLIAM L. GIBBONS District Attorney General JERRY KITCHEN Assistant District Attorney 201 Poplar, Third Floor Memphis, TN 38103 Judge: SMITH First Paragraph: On February 10, 1995, Appellant Telly Slayton was found guilty by a Shelby County Criminal Court jury of murder in the perpetration of robbery in violation of Tennessee Code Annotated Section 39-13-202(2) (Supp. 1996). The trial court ordered a sentence of life imprisonment. On appeal, Appellant raises three issues for review: (1) whether the evidence presented at trial was sufficient as a matter of law to sustain the conviction; (2) whether the trial court erred in overruling Appellant's motion to suppress his statement given to police officers; and (3) whether the trial court erred in admitting, over Appellant's objection, a photograph of the victim taken while the victim was alive. After a review of the record, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/slaytont_opn.WP6 JOHN C. TOMLINSON vs. HOWARD CARLTON, Warden, and STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: John C. Tomlinson, Pro Se Charles W. Burson 99306 NECC POB 5000 Attorney General and Reporter Mountain City TN 37683 Michael J. Fahey, II Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 (AT TRIAL AND ON APPEAL) Judge: Hayes First Paragraph: The appellant, John C. Tomlinson, appeals the trial court's dismissal of his pro se petition for writ of habeas corpus. In April 1983, the appellant was convicted in the Davidson County Criminal Court of aggravated kidnaping and two counts of robbery with a deadly weapon. For these convictions, he was sentenced to 30 years imprisonment. In December 1983, the appellant was convicted in the Wilson County Criminal Court of aggravated rape and armed robbery resulting in sentences totaling 35 years. The appellant is currently confined at the Northeast Correctional Center where he is serving an effective sentence of 65 years for the convictions from both counties. The appellant now appeals the trial court's dismissal of his petition for writ of habeas corpus. Specifically, the appellant contends that the trial court's summary dismissal denied him his right to due process of the law. URL:http://www.tba.org/tba_files/TCCA/tomlinjc_opn.WP6 JOHN J. VILLANEUVA vs. HOWARD CARLTON, Warden, and STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: John J. Villanueva, Pro Se Charles W. Burson 117376 NECC POB 5000 Attorney General and Reporter Mountain City, TN 37683 Michael J. Fahey, II Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 (AT TRIAL AND ON APPEAL) Judge: First Paragraph: The appellant, John J. Villaneuva, appeals the trial court's summary dismissal of his pro se application for writ of habeas corpus. On July 16, 1987, the appellant was found guilty by a Jefferson County jury of first degree burglary. Based upon this "triggering" offense and requisite qualifying felony convictions, the appellant received an enhanced sentence of life imprisonment after a jury found him to be an habitual offender. See Tenn. Code Ann. S 39-1-801(repealed 1989). On November 10, 1987, the appellant pled guilty in the Jefferson County Criminal Court to one count of rape, one count of sexual battery, and two counts of first degree burglary. The court imposed an effective sentence of twenty-five years for these convictions and ordered that this sentence run concurrently to his life sentence. The appellant is currently incarcerated at the Northeast Correctional Center in Johnson County. URL:http://www.tba.org/tba_files/TCCA/villanjj_opn.WP6
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