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TBALink Opinion-Flash
October 13, 1997 -- Volume #3 -- Number #099
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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<02> 00-New Opinons From TSC <02> 00-New Opinons From TSC-Rules <03> 00-New Opinons From TSC-Workers Comp Panel <10> 00-New Opinons From TCA <12> 00-New Opinons From TCCA
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ORDER AMENDING NAME OF COMMISSION AND APPOINTING COMMISSION MEMBERS Court:TSC Attorneys: Judge: First Paragraph: WHEREAS, by order of May 30, 1996, and as amended on June 26, 1996, this Court created the Statewide Commission on Foster Care (hereinafter "Commission") as part of its State Court Improvement Program; and URL:http://www.tba.org/tba_files/TSC/FOSTERNC_ORD.WP6
STATE OF TENNESSEE
vs.
CORA MURPHY
Court:TSC
Attorneys:
For Appellee: For Appellant:
JEFFERSON T. DORSEY JOHN KNOX WALKUP
Assistant Public Defender Attorney General and Reporter
Nashville, TN
MICHAEL E. MOORE
Solicitor General
WILLIAM DAVID BRIDGERS
Assistant Attorney General
Nashville, TN
VICTOR S. JOHNSON, III
District Attorney General
JAMES D. SLEDGE
Assistant District Attorney
Nashville, TN
Judge:BIRCH
First Paragraph:
The Court of Criminal Appeals reversed the judgment of the trial court
that convicted Cora Murphy, the defendant, of driving while under the
influence of an intoxicant and remanded the case for a new trial. We
consider now the appeal of the State of Tennessee, and we must
determine whether testimony concerning an Horizontal Gaze Nystagmus
("HGN") sobriety test constitutes "scientific, technical, or other
specialized knowledge" under Tenn. R. Evid. 702. We hold that the
HGN test is a scientific test. To be admissible at trial, such
evidence must satisfy the requirements of Tenn. R. Evid. 702 and 703
as announced in McDaniel v. CSX Transportation, Inc., S.W.2d
(Tenn 1997). Because we are unable to determine from the record now
before us whether these admissibility requirements have been met, the
judgment of the Court of Criminal Appeals is affirmed, and we remand
this case to the trial court for a new trial.
URL:http://www.tba.org/tba_files/TSC/murphyc_opn.WP6
RICHARD HITCHCOCK
vs.
WAUSAU INSURANCE COMPANIES
and SERVICE AMERICA
CORPORATION,
and
LARRY BRINTON, JR., DIRECTOR,
DIVISION OF WORKERS'
COMPENSATION, SECOND
INJURY FUND
Court:TSC - Workers Comp Panel
Attorneys:For Appellant: For Appellee, Hitchcock:
Charles W. Burson Kenneth M. Switzer
Attorney General & Reporter Williams/Nebel & Associates
Nashville, Tennessee
Dianne Stamey Dycus
Senior Counsel For Appellee, Wausau:
Nashville, Tennessee
Angus Gillis, III
Schulman, LeRoy & Bennett
Nashville, Tennessee
Judge:Loser
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law. In this appeal, the
Second Injury Fund (the fund) contends (1) the evidence preponderates
against the trial court's finding that the claimant is permanently and
totally disabled, and (2) that it was error to approve a settlement
between the employee and employer under the circumstances. The
claimant contends the objection to the settlement comes too late. As
discussed, the panel has concluded both judgments should be
vacated and the case remanded for further consideration.
URL:http://www.tba.org/tba_files/TSC_WCP/hitchcoc_opn.WP6
INSURANCE COMPANY OF
NORTH AMERICA
vs.
RONNIE STORIE
Court:TSC - Workers Comp Panel
Attorneys:
For Appellant: For Appellee:
Randall A. York Robert M. Shelor
Crossville, Tennessee Kennerly, Montgomery & Finley
Knoxville, Tennessee
William J. Campbell
Jamestown, Tennessee
Judge:Loser
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law. The issue presented by
this appeal is whether the evidence preponderates against the trial
court's finding that the employee's injury was proximately caused by
intoxication. As discussed, the panel has concluded the
judgment should be reversed and the case remanded for an award of
benefits.
URL:http://www.tba.org/tba_files/TSC_WCP/inscona_opn.WP6
DAVID PAUL WILBURN
vs.
JOHN BOYLE & CO., INC., d/b/a
AQUAMINE PLASTIC PRODUCTS,
INC.,
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Michael E. Large Edward J. Webb
Large and Associates K. Jeff Luethke
511 Alabama St. Hunter, Smith & Davis
Bristol, TN 37620 P.O. Box 3740
Kingsport, TN 37664
Judge:BYERS
First Paragraph:
The plaintiff below appeals the trial courtŐs dismissal of his
complaint, holding that the plaintiff had not met his burden of
proving that he had sustained a permanent vocational disability as a
result of his work-related accident. We affirm the trial courtŐs
judgment.
URL:http://www.tba.org/tba_files/TSC_WCP/wilburn_wc.WP6
IN RE: AMENDMENT OF SUPREME COURT RULE 8 AND RULE 9
Court:TSC - Rules
First Paragraph:
The high standards of professional conduct demanded of lawyers require
that lawyers subject to the jurisdiction of the Board of Professional
Responsibility comply with all court orders, including child support
orders; consequently, Rules 8 and 9 of the Rules of the Supreme Court
are amended.
URL:http://www.tba.org/tba_files/TSC_RULES/RULE8&9_ORD.WP6
SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
October 13, 1997
Court:TSC - Rules
URL:http://www.tba.org/tba_files/TSC_RULES/STATELST5_WPD.WP6
PAULA RENEE STEPHENS COONER
vs.
GARY KENT COONER
Court:TCA
Attorneys:
L. R. DeMarco, #2652
Suite 400
Washington Square
Nashville, TN 37201-1476
ATTORNEY FOR PLAINTIFF/APPELLANT
Louise R. Fontecchio, #4065
20th Floor, First American Center
315 Deaderick Street
Nashville, TN 37238-2075
ATTORNEY FOR DEFENDANT/APPELLEE
Judge:TODD
First Paragraph:
The captioned plaintiff/wife, has appealed from a post-divorce order
in a contempt proceeding instituted by the captioned
defendant/husband.
URL:http://www.tba.org/tba_files/TCA/coonerpr_opn.WP6
URL:http://www.tba.org/tba_files/TCA/coonerpr_dis.WP6
GAYNELL COVINGTON
vs.
WILLIAM E. ACUFF
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendant/Appellee:
Stacy A. Turner Daniel Mark Nolan
Clarksville, Tennessee Daniel, Harvill, Batson & Nolan
Clarksville, Tennessee
Judge:KOCH
First Paragraph:
This appeal involves the relation-back features of Tenn. R. Civ. P. 3.
A motorist who was injured in an automobile collision filed two
successive lawsuits against the driver of the other vehicle. After
the process for both these complaints was returned unserved, the
plaintiff driver filed a third suit in the Circuit Court for
Montgomery County and obtained service on the other driver over three
years after the collision. Upon motion of the defendant driver, the
trial court dismissed the third complaint because the plaintiff
driver's claims had not been saved from the statute of limitations by
the relation-back features of Tenn. R. Civ. P. 3. The plaintiff
driver has perfected this appeal. We have determined that the trial
court correctly dismissed the plaintiff driver's third complaint
because it was not filed within the time required by Tenn. R. Civ. P.
3.
URL:http://www.tba.org/tba_files/TCA/covingtg_opn.WP6
CHARLES W. BERNARD and wife
KAREN BERNARD
vs.
HOUSTON EZELL CORPORATION, THE
CITY OF BRENTWOOD, TENNESSEE and
LAND INVESTMENT CORPORATION
Court:TCA
Attorneys:
William Kennerly Burger
301 N. Spring Street, P.O. Box 398
Murfreesboro, TN 37133-0398
ATTORNEY FOR DEFENDANTS/APPELLANTS
David J. White, Jr.
WHITE & REASOR
3305 West End Avenue
Nashville, TN 37203
ATTORNEY FOR PLAINTIFFS/APPELLEE, HOUSTON EZELL CORPORATION
Van French, BPR #6922
The City of Brentwood
8307 Bridle Place
Brentwood, TN 37027
ATTORNEY FOR DEFENDANT/APPELLEE
Judge:TODD
First Paragraph:
This suit arose out of alleged defects in the planning of a
subdivision lot and defects in the lot on which a house was built and
sold to plaintiffs.
URL:http://www.tba.org/tba_files/TCA/davismo_opn.WP6
FAMILY GOLF OF NASHVILLE, INC
vs.
THE METROPOLITAN GOVERNMENT
OF NASHVILLE AND DAVIDSON
COUNTY
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendant/Appellee:
Peter H. Curry Thomas G. Cross
Tuke, Yopp & Sweeney Metropolitan Attorney
Nashville, Tennessee Nashville, Tennessee
Judge:KOCH
First Paragraph:
This case involves the validity of an amendment to the Zoning
Ordinance for Metropolitan Government of Nashville and Davidson County
intended to permit a family recreation center to construct a go-cart
track. After the Metropolitan Planning Commission refused to amend
the zoning map in accordance with the amendment, the operator of the
recreation center filed a declaratory judgment action in the Chancery
Court for Davidson County. Following a bench trial, the trial court
struck down the ordinance because it conflicted with the General Plan
for Nashville and Davidson County. The operator has appealed. We
have determined that the amendment is valid as long as it was passed
in accordance with the super-majority requirements of the Metropolitan
Charter and, accordingly, remand the case for a definitive factual
determination of that issue
URL:http://www.tba.org/tba_files/TCA/familyg_opn.WP6
JACK JORDAN
vs.
FRANCES J. MARCHETTI
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendant/Appellee:
Everett H. Falk C. D. Berry
Franklin, Tennessee Franklin, Tennessee
Ed Silva
Franklin, Tennessee
Judge: LILLARD
First Paragraph:
This case involves an action for rescission of a deed to land
allegedly procured through promissory fraud and duress. The trial
court dismissed the case on the grounds that it had been brought after
the expiration of the applicable statute of limitations. We reverse.
URL:http://www.tba.org/tba_files/TCA/jordanj_opn.WP6
HORACE A. LaRUE and CARLA LaRUE
Parents and next of kin of
RANDALL CHARLES LaRUE, deceased
vs.
1817 LAKE INCORPORATED, d/b/a
BONKERS, HOWARD R. TANNENBAUM,
RICKY CHAMBERS, ROBERT ARCHER,
and DANNY G. BREWER
Court:TCA
Attorneys:
WILLIAM A. SIMMS, Arnett, Draper & Hagood, Knoxville, for Appellant.
RICHARD W. BAKER, JR., Gilreath & Associates, Knoxville, for Appellee,
Danny G. Brewer.
CAROL A. BEELER for Appellee, Permanent General Companies, Inc.
DOUGLAS L. DUTTON, Hodges, Doughty & Carson, Knoxville, for Appellee,
Maryland Casualty Insurance Co.
JAMES Y. REED, Jenkins & Jenkins, Knoxville, for Appellee, Ricky
Chambers.
Judge:McMurray
First Paragraph:
This case arises from a motorcycle accident in which Randy LaRue, the
20-year old son of the plaintiffs, was killed. Plaintiffs sued 1817
Lake, Inc. d/b/a Bonkers, a Knoxville restaurant and bar, and Howard
Tannenbaum, president of 1817 Lake Inc., alleging that the defendants
negligently and unlawfully served Randy and his companion, defendant
Danny Brewer, alcoholic beverages on the evening of the accident.
Plaintiffs also sued Robert Archer, the bartender who allegedly
provided LaRue and Brewer with the drinks, and Ricky Chambers, the
doorman on duty at Bonkers that night. The remaining defendant, Danny
G. Brewer was the operator of the motorcycle at the time of the
accident which resulted in Randall Charles LaRue's death.
URL:http://www.tba.org/tba_files/TCA/larue_368.WP6
BRENDA L. LEE
vs.
HIPPODROME OLDSMOBILE, INC.,
ROBERT E. McADAMS,
STEVE JACKSON
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendants /Appellees:
Jane J. Buffaloe C. Dewey Branstetter, Jr.
Nashville, Tennessee Bryan E. Pieper
Branstetter, Kilgore, Stranch & Jennings
Nashville, Tennessee
Judge: KOCH
First Paragraph:
This appeal results from an employer's recruitment and subsequent
termination of an at-will employee after only two weeks of work. The
employee filed suit in the Circuit Court for Davidson County alleging
breach of an implied employment contract, promissory fraud, and
outrageous conduct. The trial court granted the employer's Tenn. R.
Civ. P. 12.02(6) motion to dismiss for failure to state a claim upon
which relief can be granted, and the employee appealed. We vacate the
order of dismissal because we have decided that the complaint states a
claim for promissory fraud, albeit barely.
URL:http://www.tba.org/tba_files/TCA/leebl_opn.WP6
METROPOLITAN NASHVILLE FIREFIGHTERS
ASSOCIATION LOCAL 763 and
B.R. HALL, JR.,
vs.
THE METROPOLITAN GOVERNMENT
OF NASHVILLE AND DAVIDSON COUNTY,
TENNESSEE, F. CLAY BAILEY, in his capacity
as Chairman of the Civil Service Commission,
and JOHN W. LYNCH, in his capacity as
Personnel Director
Court:TCA
Attorneys:
Michael J. Passino
Christopher M. Minton
LASSITER, TIDWELL & HILDERBRAND
213 Fifth Avenue North
Nashville, TN. 37219
ATTORNEY FOR PLAINTIFF/APPELLANTS
William Michael Safley
Department of Law
204 Metropolitan Courthouse
Nashville, TN. 37201
ATTORNEY FOR DEFENDANT/APPELLEE
Judge:CAIN
First Paragraph:
This case is before the Court on appeal from the Chancery Court of
Davidson County, Tennessee wherein a Motion for Summary Judgement made
by the Defendants was sustained by the Chancellor.
URL:http://www.tba.org/tba_files/TCA/metrofir_opn.WP6
VICKIE DIANNE TUTTLE
vs.
ROBERT EDWARD TUTTLE
Court:TCA
Attorneys:
For the Plaintiff/Appellee: For the Defendant/Appellant:
No Appearance Robert E. Tuttle, Pro Se
Judge:KOCH
First Paragraph:
This appeal involves a divorce in which the husband has been
incarcerated throughout the marriage. After approximately four years
of marriage, both the wife and the husband filed suit for divorce in
the Circuit Court for Coffee County. Following a bench trial attended
only by the wife, the trial court granted the wife a divorce on the
grounds that the husband was incarcerated and that his conviction had
rendered him infamous. On this appeal, the husband asserts that the
trial court should not have granted the wife a divorce because she did
not properly verify her complaint and asserts that he did not receive
property that was rightfully his. We have determined that the
judgment should be affirmed and that the case should be remanded for
consideration of the husband's property claims.
URL:http://www.tba.org/tba_files/TCA/tuttlev_opn.WP6
IN RE:
ERNEST L. WHITE,
Conservatorship
TYRONE HOWELL,
Administrator,
vs.
LORETTA DeLOACH,
Substitute Conservator
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendant/Appellee:
William S. Hofstetter Thomas H. Ware
Nashville, Tennessee Nashville, Tennessee
James C. Hofstetter
Nashville, Tennessee
Judge:KOCH
First Paragraph:
This appeal involves the adequacy of a conservator's accounting of a
disabled person's estate. After the conservator filed her final
accounting in the Probate Court of Davidson County, the personal
representative of the disabled person's estate objected to the
accuracy and completeness of the accounting. The probate court
conducted a bench trial and approved the conservator's amended final
accounting. On this appeal, the personal representative asserts that
the final accounting was irregular and that the conservator has failed
to account for all of the disabled person's funds. We have determined
that the conservator's final accounting cannot be reconciled and,
therefore, that the order approving the final accounting must be
vacated.
URL:http://www.tba.org/tba_files/TCA/whiteel_opn.WP6
STATE OF TENNESSEE vs. MICHAEL BAILEY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Stacy L. Street John Knox Walkup Attorney at Law Attorney General & Reporter 630 Elk Avenue 500 Charlotte Avenue Elizabethton, TN 37643 Nashville, TN 37243-0497 (On Appeal) Sandy R. Copous J. D. Hickman Assistant Attorney General Attorney at Law 450 James Robertson Parkway 803 Liberty Drive Nashville, TN 37243-0493 Kingsport, TN 37663 (At Trial) H. Greeley Wells, Jr. District Attorney General P. O. Box 526 Blountville, TN 37617-0526 Nancy S. Harr Asst District Attorney General P. O. Box 526 Blountville, TN 37617-0526 David G. Overbay Asst District Attorney General P. O. Box 526 Blountville, TN 37617-0526 Judge:Jones First Paragraph: The appellant, Michael Bailey (defendant), was convicted of second degree murder, a Class A felony, by a jury of his peers. The trial court found that the defendant was a standard offender and imposed a Range I sentence consisting of confinement for twenty (20) years in the Department of Correction. In this Court, the defendant contends (a) his Due Process rights were violated because he was unable to assist his counsel as a result of being denied medication, and (b) the sentence imposed by the trial court is excessive. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues 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/baileym_opn.WP6
STATE OF TENNESSEE
vs.
TRELVOR BRADLEY
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Vance L. Baker, Jr. Charles W. Burson
114 Washington Ave. Attorney General & Reporter
P.O. Box 1085
Athens, TN 37371-1085 Marvin E. Clements, Jr.
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243 0493
Judge: BYERS
First Paragraph:
The defendant was convicted by jury of attempted aggravated robbery
and vandalism of less than $500. He was sentenced as a Range I,
standard offender to six (6) years for the attempted aggravated
robbery conviction to the custody of the Department of Correction. He
was also sentenced to eleven (11) months and twenty-nine (29) days for
the vandalism of less than $500 conviction to the custody of the
McMinn County jail. The trial court ordered the defendant to serve
both sentences concurrent with each other, but consecutive to a prior
unserved sentence. The jury also imposed fines in the amount of
$5,000 for the attempted aggravated robbery conviction and $1,500 for
the vandalism of less than $500 conviction.
URL:http://www.tba.org/tba_files/TCCA/bradley_cca.WP6
STATE OF TENNESSEE
vs.
BRENDA ANNE BURNS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DAVID L. RAYBIN JOHN KNOX WALKUP
Hollins, Wagster & Yarbrough, P.C. Attorney General and Reporter
2210 SunTrust Center
424 Church Street WILLIAM DAVID BRIDGERS
Nashville, TN 37219 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
ROBERT RADFORD
District Attorney General
P. O. Box 686
Huntingdon, TN 38344
Judge:SMITH
First Paragraph:
On October 19, 1995, a Henry County Circuit Court jury found Appellant
Brenda Anne Burns guilty of first-degree murder. Appellant received a
sentence of life imprisonment.
URL:http://www.tba.org/tba_files/TCCA/burns_opn.WP6
STATE OF TENNESSEE
vs.
MICHAEL ANTHONY COLE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
C. MICHAEL ROBBINS JOHN KNOX WALKUP
202 S. Maple Street, Suite C Attorney General and Reporter
Covington, TN 38019
JANIS L. TURNER
GEORGE MORTON GOOGE Asst Attorney General
District Public Defender 425 5th Avenue North
227 West Baltimore Street Nashville, TN 37243
Jackson, TN 30301
JERRY WOODALL
District Attorney General
JAMES W. THOMPSON
Asst District Attorney General
Lowell Thomas State Office Bldg
Jackson, TN 38301
Judge:WELLES
First Paragraph:
The Defendant, Michael Anthony Cole, appeals as of right the trial
court's revocation of his sentence to community corrections. The
Defendant pleaded guilty to one count of felony theft of property over
$10,000, a Class C felony, for stealing a Chevrolet pickup truck. He
was sentenced to six (6) years, with sixty (60) days to be served in
the workhouse and the balance of five (5) years and ten (10) months to
be served in community corrections. He was fined one hundred dollars
($100), ordered to pay one hundred eighty dollars ($180) in
restitution and provide 250 hours of community service. He was also
ordered to stay away from the victim's business. In his one issue in
this appeal, he contends that the trial judge abused his discretion in
revoking his sentence to community corrections. We affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/colema_opn.WP6
STATE OF TENNESSEE
vs.
KAREN A. DOWNEY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DAVID L. LEONARD (on appeal) JOHN KNOX WALKUP
Leonard & Kershaw Attorney General & Reporter
128 So. Main St. Ste. 102
Greeneville, TN 37743 GEORGIA BLYTHE FELNER
Counsel for the State
FRANK X. SANTORE (at trial) Criminal Justice Division
P.O. Box 113 450 James Robertson Parkway
Greeneville, TN 37744 Nashville, TN 37243-0493
H. GREELEY WELLS, JR.
District Attorney General
JACK LEWIS COMBS, JR.
Asst District Attorney General
P.O. Box 526
Blountville, TN 37617-0526
Judge: WITT
First Paragraph:
The defendant, Karen A. Downey, pleaded guilty in the Sullivan County
Criminal Court to one count of theft of property valued at five
hundred dollars or less, a Class A misdemeanor. Tenn. Code Ann. S
39-14-105(1). The conviction arose out of a shoplifting incident that
occurred on March 29, 1996 in which the defendant took a watch, an
ankle bracelet and various earrings and pins, worth $24.41 altogether,
from Hill's Department Store. At the conclusion of the sentencing
hearing, the trial judge denied probation and sentenced her to serve
eleven months and twenty-nine days in the county jail. In this direct
appeal, the defendant alleges that the sentence is excessive and that
the trial court erred in not granting her probation.
URL:http://www.tba.org/tba_files/TCCA/downeyk_opn.WP6
STATE OF TENNESSEE
vs.
ROGER LEE FLEENOR
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Larry S. Weddington Charles W. Burson
200 Seventh Street Attorney General and Reporter
Bristol, TN 37620
Peter M. Coughlan
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
H. Greeley Wells, Jr.
District Attorney General
Teresa Murray Smith
Asst. District Attorney General
Blountville TN 37617
Judge:Hayes
First Paragraph:
The appellant, Roger Lee Fleenor, appeals the sentence imposed by the
Sullivan County Criminal Court upon his plea of guilty to the offense
of attempt to commit aggravated sexual battery, a class C felony.
Pursuant to a negotiated plea, the appellant received a sentence of
eight years as a range II offender. The manner of service of the
sentence was submitted to the trial court for determination.
Following a sentencing hearing, the trial court denied any form of
alternative sentence and ordered that the sentence be served in the
Department of Correction. The appellant now appeals this decision.
URL:http://www.tba.org/tba_files/TCCA/fleenorr_opn.WP6
STATE OF TENNESSEE
vs.
RICKY LEE JARNAGIN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CHARLES G. CURRIER JOHN KNOX WALKUP
709 Market St. Attorney General & Reporter
Knoxville, TN 37902
MARVIN E. CLEMENTS, JR.
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
C. BERKELEY BELL
District Attorney General
109 E. Main St., Ste. 501
Greenville, TN 37743
VICTOR VAUGHN
Asst District Attorney General
520 Allison St.
Morristown, TN 37814
Judge:WITT
First Paragraph:
The defendant, Ricky Lee Jarnagin, was convicted in a jury trial in
the Hamblen County Criminal Court of reckless aggravated assault, a
Class D felony. As a Range I, standard offender, he received a
four-year sentence in the Department of Correction and a one thousand
dollar fine. In this direct appeal, the defendant challenges the
sufficiency of the evidence and contends that he received an
inappropriate sentence.
URL:http://www.tba.org/tba_files/TCCA/jrnagnr_opn.WP6
THOMAS C. MANEY, JR.
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
THOMAS C. MANEY, JR., JOHN KNOX WALKUP
Pro Se Attorney General and Reporter
Register Number 216056
Route 1, Box 330
Tiptonville, TN 38079-9775 MARVIN E. CLEMENTS, JR.
Asst Attorney General
425 5th Avenue North
Nashville, TN 37243
JERRY N. ESTES
District Attorney General
RANDY G. ROGERS
Asst District Attorney General
204 North Jackson
Athens, TN 37303
Judge:WELLES
First Paragraph:
The Defendant appeals the trial court's dismissal of his petition for
post-conviction relief. The single issue presented for our review is
whether the trial court erred in its determination that the petition
was barred by the statute of limitations. We conclude that the
petition is not time-barred. We therefore reverse the judgment of the
trial court and remand this case for further proceedings.
URL:http://www.tba.org/tba_files/TCCA/maneytc_opn.WP6
JAMES R. MILLER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES R. MILLER, #135058 JOHN KNOX WALKUP
South Central Correctional Facility Attorney General & Reporter
Annex XF-134
P.O. Box 279 KENNETH W. RUCKER
Clifton, TN 38425-0279 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Judge: WITT
First Paragraph:
The petitioner, James R. Miller, appeals pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure from the trial court's denial
of his "Petition for Breach of Bargaining Agreement." On March 7,
1996, Miller filed his pro-se petition in which he alleged that the
state had breached his plea agreement by failing to release him from
confinement when he had served the mandatory thirty percent as a Range
I offender. The issue presented for review is whether the trial court
correctly dismissed the petition without an evidentiary hearing
because it was barred by the statute of limitations and because the
petitioner requested relief which the trial court had no authority to
grant. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/millerj_opn.WP6
CHRIS KENDAL TIPTON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
VICTORIA L. DiBONAVENTURA CHARLES W. BURSON
P. O. Box 1231 Attorney General and Reporter
Paris, TN 38242
DEBORAH A. TULLIS
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
ROBERT "GUS" RADFORD
District Attorney General
Post Office Box 686
Huntington, TN 38344
Judge:Hayes
First Paragraph:
The appellant, Chris Kendal Tipton, appeals the Henry County Circuit
Court's dismissal of his petition for post-conviction relief. On
November 18, 1992, a jury found the appellant guilty of one count of
aggravated rape. Following the sentencing hearing, the trial court
imposed a sentence of twenty years in the Department of Correction.
His conviction and sentence were affirmed by this court on direct
appeal. See State v. Tipton, No. 02C01-9305-CC-00099 (Tenn. Crim.
App. at Jackson, May 4, 1994), perm. to appeal denied, (Tenn. Sept.
12, 1994). An amended petition for post-conviction relief was filed
on November 27, 1995. Subsequently, an evidentiary hearing was held
and, on April 16, 1996, the post-conviction court dismissed the
petition finding that the appellant's claims were previously
determined by this court on direct appeal and that the record is void
of an abridgement of any constitutional right. In this appeal, the
appellant alleges that he was denied his constitutional right to the
effective assistance of trial counsel.
URL:http://www.tba.org/tba_files/TCCA/tiptonck_opn.WP6
STATE OF TENNESSEE
vs.
QUANTREAL UNDERWOOD
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Marvin E. Ballin, Attorney Charles W. Burson
and Attorney General & Reporter
Mark A. Mesler, Attorney
Ballin, Ballin & Fishman, P.C. Ruth Thompson
200 Jefferson Avenue Counsel for the State
Suite 1250 450 James Robertson Parkway
Memphis, TN 38103 Nashville, TN 37243-0493
James A. Wax, Jr.
and
Karen Cook
Asst District Attorneys General
201 Poplar Avenue, Third Floor
Memphis, TN 38103
Judge: WADE
First Paragraph:
The defendant, Quantreal Underwood, was convicted of second degree
murder and two counts of aggravated robbery. The trial court imposed
a Range I, twenty-five-year sentence for second degree murder and two
concurrent eight-year sentences on each count of aggravated robbery.
URL:http://www.tba.org/tba_files/TCCA/underwoq_opn.WP6
STATE OF TENNESSEE
vs.
FREDRICK BURTON ZONGE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Joseph P. Atnip Charles W. Burson
District Public Defender Attorney General of Tennessee
P.O. Box 734 and
Dresden, TN 38225 Charlotte H. Rappuhn
Asst Attorney General of Tennessee
450 James Robertson Parkway
Fredick Burton Zonge Nashville, TN 37243-0493
(Pro se at Trial)
Thomas A. Thomas
District Attorney General
414 S. Fourth, P.O. Box 218
Union City, TN 38261-0218
Judge: Tipton
First Paragraph:
The defendant, Fredrick Burton Zonge, was convicted in a jury trial in
the Criminal Court of Obion County of especially aggravated
kidnapping, a Class A felony, especially aggravated burglary, a Class
B felony, aggravated assault, a Class C felony, and theft of property
valued at over one thousand dollars, a Class D felony. He was
sentenced as a Range II, multiple offender to thirty-five years,
fifteen years, eight years and five years, respectively, to be served
concurrently to one another but consecutively to a prior unserved
sentence in the custody of the Department of Correction. The
defendant was also fined $25,000 for the especially aggravated
kidnapping, $15,000 for the especially aggravated burglary, $5,000 for
the aggravated assault, and $2,500 for the theft over $1,000.
URL:http://www.tba.org/tba_files/TCCA/zonge-fb_opn.WP6
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