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.
- 01-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 03-New Opinons From TCA
- 05-New Opinons From TCCA
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STATE OF TENNESSEE vs. GLENN BERNARD MANN Court:TSC Attorneys: FOR APPELLANT: FOR APPELLEE: William P. Redick, Jr. John Knox Walkup Whites Creek, Tennessee Attorney General & Reporter Peter D. Heil Michael E. Moore Nashville, Tennessee Solicitor General Charles S. Kelly Amy L. Tarkington Dyersburg, Tennessee Assistant Attorney General (Trial Only) Nashville, Tennessee Lyman Ingram C. Phillip Bivens Asst District Public Defender District Attorney General Dyersburg, Tennessee (Trial Only) Judge:DROWOTA First Paragraph: In this capital case, the defendant, Glenn Bernard Mann, was convicted of premeditated first degree murder, aggravated rape and aggravated burglary. In the sentencing hearing, the jury found two aggravating circumstances: (1) "[t]he murder was especially heinous, atrocious or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death;" and (2) "[t]he murder was committed while the defendant was engaged in committing burglary." Tenn. Code Ann. S 39-13-204(i)(5) and (7) (1991). Finding that the two aggravating circumstances outweighed mitigating circumstances beyond a reasonable doubt, the jury sentenced the defendant to death by electrocution. URL:http://www.tba.org/tba_files/TSC/manngb_opn.WP6 DAVID McALISTER vs. PEREGRINE ENTERPRISES, INC., formerly known as EMPIRE ENTERPRISES, INC. Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: David M. Dunlap Michael A. Robinson Memphis, Tennessee James S. Strickland, Jr. Memphis, Tennessee Judge:LILLARD First Paragraph: This suit involves an action for the redemption of preferred stock. The trial court found that the stock could be redeemed even though the redemption would render the corporation unable to pay its debts in the normal course of business. We reverse and remand. URL:http://www.tba.org/tba_files/TCA/mcalistd_opn.WP6 UNITED AMERICAN BANK OF MEMPHIS vs. MYLAN FINANCIAL SERVICES, INC. and STANLEY R. WAXMAN, STANLEY R. WAXMAN vs. UNITED AMERICAN BANK Court:TCA Attorneys: For the Defendant/Appellee: For the Plaintiff/Appellant: Richard J. Myers Stanley R. Waxman, Pro Se Memphis, Tennessee Memphis, Tennessee Judge:LILLARD First Paragraph: This case involves an action to recover on a loan guarantee. The trial court entered a judgment in favor of the plaintiff bank against the individual guarantor. We affirm. URL:http://www.tba.org/tba_files/TCA/uabmylan_opn.WP6 JANICE BLALOCK YATES vs. WILLIAM MARK YATES Court:TCA Attorneys: Douglas W. Wilkerson, W. Lewis Jenkins, Jr., WILKERSON GAULDIN & HAYES, Dyersburg, Tennessee Attorney for Defendant/Appellant. Thomas H. Strawn, KELLY, MILLAR, STRAWN & KELLY Attorney for Plaintiff/Appellee. Judge:FARMER First Paragraph: Defendant William Mark Yates (Husband) appeals the final divorce decree entered by the trial court which awarded primary physical custody of the parties' minor child to Plaintiff/Appellee Janice Blalock Yates (Wife), ordered the Husband to pay child support and alimony in solido to the Wife, and distributed the parties' real and personal property. We affirm. URL:http://www.tba.org/tba_files/TCA/yatesjb_opn.WP6 CHARLES AUSTIN vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Craig B. Floyd, II John Knox Walkup Attorney at Law Attorney General & Reporter 100 North Main Bldg., Ste 2400 500 Charlotte Avenue Memphis, TN 38103 Nashville, TN 37243-0497 Clinton J. Morgan Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 William L. Gibbons District Attorney General 201 Poplar Avenue, Suite 3-01 Memphis, TN 38103 John W. Campbell Asst District Attorney General 201 Poplar Avenue, Suite 3-01 Memphis, TN 38103 Judge:Jones First Paragraph: The appellant, Charles Austin (petitioner), appeals as of right from a judgment of the trial court denying his action for post-conviction relief following an evidentiary hearing. While the petitioner presents two issues for review, the gist of these issues is that the petitioner was denied his constitutional right to the effective assistance of counsel. URL:http://www.tba.org/tba_files/TCCA/austinc_opn.WP6 WILLIE DEMORRIS LOCUST vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LANCE WEBB JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter P.O. Box 26 Union City, TN 38261 LISA A. NAYLOR Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 C. PHILLIP BIVENS District Attorney General KAREN WINCHESTER Asst. District Attorney General P.O. Drawer E Dyersburg, TN 38024 Judge:WITT First Paragraph: The petitioner, Willie Demorris Locust, appeals the Dyer County Circuit Court's denial of his petition for post conviction relief. Locust is incarcerated in the Department of Correction for his convictions of aggravated sexual battery and aggravated burglary, for which he received an effective ten year sentence that he is serving consecutively to a twenty year sentence for aggravated rape and aggravated burglary and an assault sentence of undisclosed length. See State v. Locust, 914 S.W.2d 554 (Tenn. Crim. App.) (aggravated sexual battery and aggravated burglary), perm. app. denied (Tenn. 1995); State v. Willie Demorris Locust, No. 02-C-01-9404-CC-00075 (Tenn. Crim. App., Jackson, Oct. 5, 1994) (aggravated rape and aggravated burglary), perm. app. denied (Tenn. 1995). URL:http://www.tba.org/tba_files/TCCA/locustwd_opn.WP6 LEWIS MOORLET vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Lewis Moorlet, Pro Se Charles W. Burson Cold Creek Correctional Facility Attorney General of Tennessee P.O. Box 10000 and Henning, TN 38041-1000 M. Allison Thompson Asst Attorney General of Tennessee 450 James Robertson Parkway Nashville, TN 37243-0493 John W. Pierotti, Jr. District Attorney General and Janet Shipman Asst District Attorney General 201 Poplar Avenue Memphis, TN 38103-1947 Judge:Tipton First Paragraph: The petitioner, Lewis Moorlet, appeals as of right from the Shelby County Criminal CourtŐs dismissal of his second petition for post-conviction relief relative to his 1988 conviction for first degree murder and resulting life sentence. The petitioner contends that the trial court erred in dismissing the petition without providing him counsel, the opportunity to amend the petition, and an evidentiary hearing upon his petition. We disagree. URL:http://www.tba.org/tba_files/TCCA/moorletl_opn.WP6 STATE OF TENNESSEE vs. LARRY E. PERRY Court:TCCA Attorneys: FOR THE APPELLANT: A. C. WHARTON, JR. Shelby County Public Defender WALKER GWINN Assistant Public Defender 201 Poplar Avenue, Suite 201 Memphis, Tennessee 38103 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter GEORGIA BLYTHE FELNER Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General LEE V. COFFEE Assistant District Attorney 201 Poplar Avenue, Suite 301 Memphis, Tennessee 38103 Judge:RILEY First Paragraph: Appellant, Larry E. Perry, contends the Habitual Motor Vehicle Offender Act (HMVO Act) violates double jeopardy principles. On July 1, 1996, appellant was declared an Habitual Motor Vehicle Offender (HMVO) based upon appropriate prior convictions. This appeal followed. We AFFIRM the order of the trial court. URL:http://www.tba.org/tba_files/TCCA/perryle_opn.WP6 STATE OF TENNESSEE vs. DAVID S. PRENTICE Court:TCCA Attorneys: FOR THE APPELLANT: A. C. WHARTON, JR. Shelby County Public Defender WALKER GWINN Assistant Public Defender 201 Poplar Avenue, Suite 201 Memphis, Tennessee 38103 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter CLINTON J. MORGAN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General LEE V. COFFEE Assistant District Attorney General 201 Poplar Avenue, Suite 301 Memphis, Tennessee 38103 Judge:RILEY First Paragraph: Appellant, David S. Prentice, contends the Habitual Motor Vehicle Offender Act (HMVO Act) violates double jeopardy principles. On May 23, 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. URL:http://www.tba.org/tba_files/TCCA/prentids_opn.WP6
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