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TBALink Opinion-Flash
December 9, 1997 -- Volume #3 -- Number #129
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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- 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
- 01-New Opinons From TSC
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George Dean
TBALink Chief Editor
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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