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.
- 02-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 02-New Opinons From TSC-Workers Comp Panel
- 18-New Opinons From TCA
- 19-New Opinons From TCCA
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KENNETH McDANIEL vs. CSX TRANSPORTATION, INC. Court:TSC First Paragraph: The defendant has filed a petition for rehearing of this appeal pursuant to Tenn. R. App. P. 39. We have considered all of the arguments raised in the petition and have found them to be without merit. URL:http://www.tba.org/tba_files/TSC/MCDANCS2_ORD.WP6 TENNESSEE MUNICIPAL LEAGUE et al. vs. BROOK THOMPSON, in his official capacity as the State Election Coordinator, et al. Court:TSC Attorneys: For Appellants, Tennessee For Appellees, Brook Thompson, Municipal League: et al.: George E. Barrett John Knox Walkup Phillip A. Purcell Attorney General and Reporter BARRETT, JOHNSON & PARSLEY Nashville, Tennessee Michael E. Moore Solicitor General For Appellants, City of Memphis: Leo Bearman, Jr. Michael W. Catalano Allan J. Wade Associate Solicitor General David L. Bearman BAKER, DONELSON, BEARMAN Ann Louise Vix & CALDWELL Senior Counsel Memphis, Tennessee Office of the Attorney General Nashville, Tennessee For Intervenor Appellees, David Sanders, David Lynn Ranson, James E. Blount, III, and James F. Leatherwood, III: Val Sanford GULLETT, SANFORD, ROBINSON & MARTIN, PLLC Nashville, Tennessee Gordon B. Olswing LAW OFFICES OF CHARLES R. PERKINS Memphis, Tennessee Lee L. Piovarcy MARTIN, TATE, MORROW & MARSTON, PC Memphis, Tennessee For Amicus Curiae, For Amicus Curiae, City of Elizabethton: Town of Oakland: Charlton R. DeVault, Jr. Edward B. Johnson Kingsport, Tennessee Somerville, Tennessee Judge:Anderson First Paragraph: We granted this expedited appeal pursuant to Tenn. Code Ann. S 16-3 201(d) to determine a question of unusual public importance - whether 1997 Tenn. Pub. Acts, ch. 98 ("the Act"), which dramatically changed requirements for municipal incorporation, violates the Tennessee Constitution. The Chancery Court held that the Act is constitutional. We conclude, however, that the Act violates Article II, S17 of the Tennessee Constitution and is, therefore, void because the body of the Act is broader than its restrictive caption. Accordingly, we reverse. URL:http://www.tba.org/tba_files/TSC/tennmunl_opn.WP6 JAMES WALTER DELLINGER vs. THE ARNOLD ENGINEERING COMPANY AND LUMBERMENS MUTUAL CASUALTY COMPANY and LARRY BRINTON, JR., DIRECTOR OF THE SECOND INJURY FUND Court:TSC - Workers Comp Panel Attorneys: For the Appellants: For the Appellees: Timothy W. Conner William O. Shults Nan R. Jenne Lucy Dunn Hooper 1130 First American Center 335 East Main St. 507 S. Gay St. Newport, Tenn. 37821 Knoxville, Tenn. 37902 Sandra E. Keith Cordell Hull Bldg. 2nd Floor 425 5th Avenue North Nashville, Tenn. 37243-0499 Judge:THAYER First Paragraph: The trial court found plaintiff, James Walter Dellinger, totally disabled and apportioned 40% of the award of disability against his employer, The Arnold Engineering Company, and 60% against the Second Injury Fund. The judgment provided the award of benefits would be payable for a period of 400 weeks. URL:http://www.tba.org/tba_files/TSC_WCP/dellinge_wc.WP6 DENNIS HODGE vs. M.S. CARRIERS, INC. Court:TSC - Workers Comp Panel Attorneys: FOR APPELLANT: FOR APPELLEE: David M. Rudolph Charles A. Sevier Memphis, Tennessee Memphis, Tennessee Judge:Ash First Paragraph: This worker's compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6 225(e)(3) (1996 Supp.) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. In this appeal, the employer, M. S. Carriers, Inc., contends: (1) that Mr. Hodge, the Plaintiff did not meet his burden of proving by a preponderance of medical evidence that he had any permanent disability to his lower back because of the alleged work accidents; (2) that the trial court erred in applying a multiple of four times plaintiff's anatomical impairment rating, given plaintiff's age, extensive vocational history and current employment. URL:http://www.tba.org/tba_files/TSC_WCP/hodged_opn.WP6 ROBERT W. BAGBY vs. DEAN RUSSELL CARRICO Court:TCA Attorneys: For Appellant For Appellee THOMAS R. BANKS HOWELL H. SHERROD, JR. Banks & Banks Sherrod, Stanley, Lincoln & Elizabethton, Tennessee Goldstein Johnson City, Tennessee Judge:Susano First Paragraph: In this case, the plaintiff claims that the defendant made an intentional misrepresentation in connection with the sale of a tract of unimproved real property. Following a bench trial, the court found that the defendant, Dean Russell Carrico ("Carrico"), had fraudulently misrepresented a material fact, resulting in a judgment of $21,911.97 for the plaintiff, Dr. Robert W. Bagby ("Bagby"). The trial court also found that Carrico's conduct violated the Tennessee Consumer Protection Act of 1977, T.C.A. S 47-18-101, et seq. ("the Act"). Carrico appealed. URL:http://www.tba.org/tba_files/TCA/bagbyrw_opn.WP6 TERRI DEMILT VS. MARY MOSS, M.D. Court:TCA Attorneys: JERRY E. MITCHELL JOHN H. DOTSON THOMASON, HENDRIX, HARVEY, JOHNSON & MITCHELL Memphis, Tennessee Attorneys for Appellant AL. H. THOMAS IRA M. THOMAS THOMAS & THOMAS Memphis, Tennessee Attorneys for Appellee Judge:HIGHERS First Paragraph: This is an appeal from a jury verdict in a medical malpractice case. The jury entered a judgment in favor of the plaintiff in the amount of $250,000, and the trial court ordered a remittur in the amount of $95,000. Defendant appealed the judgment citing, inter alia, errors in jury instructions. For the reasons stated herein, we reverse and remand the cause to the trial court for a new trial. URL:http://www.tba.org/tba_files/TCA/demiltte_opn.WP6 SUZANNE W. GIBSON VS. JAMES E. PROKELL Court:TCA Attorneys: KEITH V. MOORE Memphis, Tennessee Attorney for Appellant DANTON ASHER BERUBE EVERETT B. GIBSON LAW FIRM Memphis, Tennessee Attorney for Appellee Judge:HIGHERS First Paragraph: James E. Prokell ("Prokell") appeals the trial court's order denying Prokell's motion to dismiss, denying his motion to set aside and rescind the trial court's order setting child support, and denying his motion for a new trial. Prokell also appeals the trial court's order of contempt for his failure to pay the ordered child support. For reasons hereinafter stated, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/gibsonje_opn.WP6 GLORIA E. HILL-EVANS vs. BREDELL MICHAEL EVANS, SR. Court:TCA Attorneys: Jeffrey Jones, Memphis, Tennessee Attorney for Defendant/Appellant. Mimi Phillips, PHILLIPS, HOWARD & GRUBB, Memphis, Tennessee Attorney for Plaintiff/Appellee. Judge:FARMER First Paragraph: In this divorce action brought by Gloria E. Hill-Evans (Mother) against Bredell Michael Evans, Sr. (Father), the trial court awarded custody of the parties' two minor sons to Mother with Father to have reasonable visitation. However, the trial court's decree further provided that visitation be suspended "until both of the parties and the children have completed a counseling program which is satisfactory to the court, and the court has been furnished a report that the counseling course has been successfully completed. When the counseling process has been successfully completed, the court will consider the defendant's visitation rights." URL:http://www.tba.org/tba_files/TCA/hillevge_opn.WP6 PAUL T. MARQUESS vs. CHARLENE JOAN PARENT MARQUESS Court:TCA Attorneys: STEVEN D. BROWN OF DAYTON FOR APPELLANT PATRICIA D. MURPHY OF HARRIMAN FOR APPELLEE Judge:Goddard First Paragraph: Paul T. Marquess appeals the General Sessions Court of Roane County's refusal to modify the parties' marital dissolution agreement. The only issue raised on appeal, which we restate, is whether the Court below erred in finding that the division of prospective retirement income, adjusted for cost of living increases, represented a non-modifiable division of property, rather than alimony subject to modification upon a material change in circumstances. URL:http://www.tba.org/tba_files/TCA/marquesp_opn.WP6 PAUL WILLIAM McGAFFIC vs. JANICE ELOIS McGAFFIC Court:TCA Attorneys: For Appellant For Appellee ROBERT D. LAWSON ROBERT J. BATSON, JR. Lawson & Lawson Chattanooga, Tennessee Chattanooga, Tennessee Judge:Susano First Paragraph: This is a post-divorce case. Paul William McGaffic filed a petition seeking to modify his child support and periodic alimony in futuro obligations. As pertinent to the issues on this appeal, the trial court refused to modify its existing child support and alimony in futuro decrees. Mr. McGaffic appealed. URL:http://www.tba.org/tba_files/TCA/mcgffcpw_opn.WP6 THEOREN J. MURVIN and MELODY S. MURVIN vs. THOMAS F. COFER and CYNTHIA H. COFER Court:TCA Attorneys: For Appellants For Appellees JERRY H. SUMMERS PAUL CAMPBELL III JIMMY F. RODGERS, JR. WILLIAM R. HANNAH Summers & Wyatt, P.C. Campbell & Campbell Chattanooga, Tennessee Chattanooga, Tennessee Judge:Susano First Paragraph: This dispute arose out of the sale of a residence in Signal Mountain, Tennessee. The trial court found that the sellers, Thomas F. Cofer and wife, Cynthia H. Cofer, had violated the Tennessee Consumer Protection Act of 1977 ("the Act") in connection with the sale of their five-bedroom, two and a half bath residence to the plaintiffs, Theoren J. Murvin and wife, Melody S. Murvin. The Cofers appealed, arguing that the Act does not apply to this transaction, and that the evidence does not show that the Cofers "knowingly withheld information from the [Murvins] to constitute fraud." URL:http://www.tba.org/tba_files/TCA/murvintj_opn.WP6 ROBERT L. MUSGROVE AND JEWELL MUSGROVE vs. DAVID B. COFFEY, M.D., AND OAK GROVE PRIMARY CLINIC, INC. Court:TCA Attorneys: JAMES L. MILLIGAN, JR., Knoxville, for Plaintiffs-Appellants. R. FRANKLIN NORTON and GARY G. SPANGLER, Knoxville, for Defendants Appellees. Judge:Franks First Paragraph: In this medical malpractice action the Trial Judge granted defendants summary judgment and dismissed the action with prejudice, pursuant to T.R.C.P. Rule 41. Plaintiffs' issue on appeal is that Trial Court erred in holding that they had not complied with his orders and in refusing to grant relief from his order. URL:http://www.tba.org/tba_files/TCA/musgrove_opn.WP6 ONEIDA WOOD PRODUCTS, INC. vs. ONEIDA WOOD INDUSTRIES, INC., LUMBER, INC. and DANIEL L. BILLINGSLEY Court:TCA Attorneys: Danny P. Dyer, Knoxville, for Appellant. Johnny V. Dunaway, LaFollette, for Appellees. Judge:INMAN First Paragraph: The corporate parties are closely held and competitively engaged in the lumber business. David L. Billingsley ["Billingsley"], owns a substantial number of shares of the plaintiff, Oneida Wood Products ["Oneida"], and is a corporate officer. Before his termination on September 13, 1996, he was employed as Plant Manager. URL:http://www.tba.org/tba_files/TCA/oneida_ca3.WP6 C. SAM ROBERTS vs. JAMES E. HOUSTON Court:TCA Attorneys: MARY E. LOWE and HENRY T. OGLE, Knoxville, for Plaintiff-Appellee. JOHN P. VALLIANT, JR., Knoxville, for Defendant-Appellant. Judge:Franks First Paragraph: Plaintiff brought this action against defendant and his wife, Diane, alleging that defendant "entered into agreement with plaintiff for plaintiff to grade and excavate . . . in order to make said land usable". Plaintiff further averred that he expended over $29,000.00 for heavy equipment and operators on excavation, and "purchased and installed piping at the cost of $3,604.00, for a total due in the amount of $33,530.09". URL:http://www.tba.org/tba_files/TCA/robertsc_opn.WP6 WADE SPURLING, D.C. vs. KIRBY PARKWAY CHIROPRACTIC, INC., UNION CHIROPRACTIC, INC., BEHRMAN CHIROPRACTIC CLINIC- WESTOWN, INC., and MICHAEL PLAMBECK, D.C. individually and as OWNER, OFFICER and/or DIRECTOR OF KIRBY PARKWAY CHIROPRACTIC, INC., UNION CHIROPRACTIC, INC., and BEHRMAN CHIROPRACTIC CLINIC-WESTOWN, INC., Court:TCA Attorneys: Patricia L. Penn, Memphis, Tennessee Attorney for Plaintiff/Appellant. Valerie Barnes Speakman, JACKSON, SHIELDS, YEISER & CANTRELL, Cordova, Tennessee Attorney for Defendants/Appellees. Judge:FARMER First Paragraph: The plaintiff, Wade Spurling, D.C., appeals from the order of the trial court granting the defendants' motion to dismiss for failure to state a claim upon which relief can be granted pursuant to Rule 12.02(6) T.R.C.P. Spurling filed a complaint titled "Complaint For Deceit in Inducement to Contract, Promissory Fraud, Fraud, Intentional Interference With Performance of Contractual Obligations and Breach of Contract." The complaint alleges that Plaintiff owned and operated Spurling Chiropractic Clinic (SCC). He entered into negotiations with Defendant Michael K. Plambeck (Plambeck) for Plambeck to purchase SCC. URL:http://www.tba.org/tba_files/TCA/spurlinw_opn.WP6 SOUTHEASTERN STRUCTURES, INC. vs. ARTHUR H. HEIL, JR. Court:TCA Attorneys: Barry W. Eubanks, Knoxville, for Appellant. John O. Threadgill, Knoxville, for Appellee. Judge:INMAN First Paragraph: The plaintiff, Southeastern Structures, Inc.["SSI"], sought a declaratory judgment on June 14, 1991 to determine if its former employee, Arthur H. Heil, Jr. ["Heil"], was contractual or at-will and whether he was entitled to purchase additional shares of the plaintiff corporation or otherwise entitled to benefits resulting from his termination on November 5, 1990 and whether he should be held liable for damages to the plaintiff for his negligence in the matter of plaintiff's bid on the Farragut Town Hall. URL:http://www.tba.org/tba_files/TCA/ssi_ca3.WP6 SUPER GRIP CORPORATION vs. B & D SUPER GRIP, INC. Court:TCA Attorneys: ARTHUR M. FOWLER, McKinnon, Fowler, Fox & Taylor, Johnson City, for Plaintiff-Appellee. PAUL RAYMOND WOHLFORD, Bristol, for Defendant-Appellant. Judge:Franks First Paragraph: In this contract action, the Trial Judge entered judgment for plaintiff against defendant in the amount of $50,431.29, and dismissed defendant's counter claim which had sought damages for plaintiff's alleged breach of the distributorship agreement. URL:http://www.tba.org/tba_files/TCA/superg_opn.WP6 DEBRA LYNN ROBERTSON THURMAN vs. WILLIAM GROVER THURMAN Court:TCA Attorneys: David L. Valone, Knoxville, for Appellant. Roger E. Jenne, Cleveland, for Appellee. Judge:INMAN First Paragraph: This is a domestic relations case wherein the judgment ordering the appellant, whose income hovered in a six-figure range, to pay $2,000.00 monthly for the support of two children in accordance with the published guidelines, was affirmed by this Court on October 31, 1995. URL:http://www.tba.org/tba_files/TCA/thurman2_ca3.WP6 TRW KOYO STEERING SYSTEMS COMPANY vs. JOHN D. SNAVELY Court:TCA Attorneys: For Appellant For Appellee JOHN D. SNAVELY, Pro Se JERRI S. BRYANT Huntsville, Alabama Carter, Harrod & Cunningham Athens, Tennessee Judge:Susano First Paragraph: This is a suit for declaratory judgment. The petitioner, TRW Koyo Steering Systems Company ("TRW Koyo"), seeks a declaration that a document filed by the defendant, John D. Snavely ("Snavely"), in the Monroe County Register of Deeds' office is a cloud on its title to real property in Monroe County. The trial court granted TRW Koyo summary judgment, decreeing that the purported lien filed by Snavely "is...of no legal effect and, thus, is lifted and removed from [TRW Koyo's] title." Snavely appealed pro se. URL:http://www.tba.org/tba_files/TCA/trwkoyo_opn.WP6 RICHARD VARNER and TERESA VARNER vs. STEPHANIE K. PERRYMAN, FARMHOUSE FOODS, and HALE BROTHERS Court:TCA Attorneys: W. DOUGLAS COLLINS, EVANS & BEIER, LLP, Morristown, for Plaintiffs Appellees. DARYL R. FANSLER, STOKES, FANSLER & WILLIAMS, Knoxville, for Defendants-Appellants. Judge:Franks First Paragraph: In this action arising from a motor vehicle accident, the Trial Judge entered judgment for damages for plaintiffs, and apportioned fault. Defendant Farmhouse Foods ("Farmhouse") has appealed. URL:http://www.tba.org/tba_files/TCA/varnerr_opn.WP6 TRACY WATSON and DEAN WATSON, Individually and as Next Friends and Natural Guardians of TAYLOR WATSON vs. FAYE AMEREDES, D.O., CHEROKEE WOMEN'S CENTER, P.C., TED AMEREDES, D.O., CLEVELAND ANESTHESIOLOGISTS, INC., and BRADLEY MEMORIAL HOSPITAL, Court:TCA Attorneys: Glenna W. Overton, Donald E. Overton; Overton & Overton of Knoxville For Appellants Hugh J. Moore, Jr.; Philip B. Whitaker, Jr. Witt, Gaither & Whitaker, P.C. of Chattanooga For Appellee, Faye Ameredes Judge:CRAWFORD First Paragraph: This is a T.R.A.P. 9 interlocutory appeal from the order of the trial court disqualifying some of plaintiffs' lawyers from further representation of plaintiffs in this case. URL:http://www.tba.org/tba_files/TCA/watsontr_opn.WP6 JOHN R. WHALEN vs. REUBEN ROBERTS and wife, JO E. ROBERTS Court:TCA Attorneys: JAMES FRANK WILSON, WILSON & BROOKS, Wartburg, for Plaintiff-Appellant. GEORGE H. BUXTON, III, BUXTON LAW OFFICE, Oak Ridge, for Defendants Appellees. Judge:Franks First Paragraph: In this action for damages for personal injuries sustained by the plaintiff on defendants' premises, the Trial Judge granted defendants' motion to dismiss pursuant to T.R.C.P. 12.02(6), and plaintiff has appealed. URL:http://www.tba.org/tba_files/TCA/whalenj_opn.WP6 STATE OF TENNESSEE vs. SHERMAN WINCHESTER BLACKSTOCK Court:TCCA Attorneys: For the Appellant: For the Appellee: Ardena J. Garth Charles W. Burson District Public Defender Attorney General of Tennessee and and Karla G. Gothard Bates W. Bryan, Jr. and Rebecca J. Stern Executive District Public Defender Asst Attorney General of TN 701 Cherry Street 450 James Robertson Parkway Suite 300 Nashville, TN 37243-0493 Chattanooga, TN 37402-1910 (AT TRIAL) Gary D. Gerbitz District Attorney General Donna Robinson Miller and Assistant Public Defender Bates W. Bryan, Jr. 701 Cherry Street Rebecca J. Stern Suite 300 Asst District Attorneys General Chattanooga, TN 37402-1910 600 Market Street (ON APPEAL) Suite 310 Chattanooga, TN 37402 Judge:Tipton First Paragraph: The defendant, Sherman Winchester Blackstock, was convicted by a jury in the Hamilton County Criminal Court of aggravated sexual battery, a Class B felony. See T.C.A. S 39-13-504 (1991). The trial court sentenced the defendant as a Range I, standard offender to eight years in the custody of the Department of Correction. URL:http://www.tba.org/tba_files/TCCA/blacksw_opn.WP6 STATE OF TENNESSEE vs. JASON BRADLEY CUTSHAW Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LESLIE S. HALE JOHN KNOX WALKUP Assistant Public Defender Attorney General and Reporter P.O. Box 839 Blountville, TN 37617 TIMOTHY F. BEHAN Assistant Attorney General GERALD L. GULLEY, JR. 425 5th Avenue North Assistant Public Defender Nashville, TN 37243 P.O. Box 1708 Knoxville, TN 37901-1708 GREELEY WELLS District Attorney General EDWARD E. WILSON Asst District Attorney General Sullivan County Justice Center Blountville, TN 37617 Judge:WELLES First Paragraph: The Defendant, Jason Bradley Cutshaw, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He was convicted by a Sullivan County jury of aggravated perjury. The trial court sentenced him as a Range I standard offender offender to four years, the first two of which were to be served on community corrections followed by two years of probation. The trial court also imposed a two thousand dollar ($2,000) fine and ordered the Defendant to perform two hundred (200) hours of community service per year while on community corrections. URL:http://www.tba.org/tba_files/TCCA/cutshajb_opn.WP6 STATE OF TENNESSEE vs. JEREMY GROOMS Court:TCCA Attorneys: For the Appellant: For the Appellee: Edward C. Miller Charles W. Burson District Public Defender Attorney General of Tennessee P.O. Box 416 and Dandridge, TN 37725 Michael J. Fahey, II and Asst Attorney General of TN Susanna L. Thomas 450 James Robertson Parkway Assistant Public Defender Nashville, TN 37243-0493 102 Mims Avenue Newport, TN 37821-3614 Alfred C. Schmutzer, Jr. District Attorney General 125 Court Avenue, Suite 301-E Sevierville, TN 37862 and James B. Dunn Asst District Attorney General 330A East main Street Newport, TN 37821 Judge:Tipton First Paragraph: The defendant, Jeremy Grooms, appeals as of right from the trial court's dismissal of his motion for reduction of sentence pursuant to Rule 35, Tenn. R. Crim. P. The trial court ruled that it did not have jurisdiction to grant the motion once the defendant was in the custody of the Department of Correction. URL:http://www.tba.org/tba_files/TCCA/groomsj_opn.WP6 WILLIAM HAMILTON vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Tom Landis, Attorney Charles W. Burson Suite 327 Attorney General and Reporter 744 McCallie Avenue Chattanooga, TN 37403 Clinton J. Morgan (on appeal) Counsel for the State 450 James Robertson Parkway Steven G. Moore, Attorney Nashville, TN 37243-0493 1800-A Lafayette Road Fort Oglethorpe, GA 30742 Bates W. Bryan, Jr. (at evidentiary hearing) Asst District Attorney General Courts Building, 600 Market Street Chattanooga, TN 37402 Judge:WADE First Paragraph: The petitioner, William Hamilton, appeals the trial court's denial of post-conviction relief. The issue presented for our review is whether the guilty plea was involuntary due to the ineffective assistance of trial counsel. URL:http://www.tba.org/tba_files/TCCA/hamiltnw_opn.WP6 STATE OF TENNESSEE VS. JOSE HOLMES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: BRETT B. STEIN CHARLES W. BURSON 100 N. Main, Ste. 3102 Attorney General and Reporter Memphis, TN 38103 ELLEN H. POLLACK Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General LEE COFFEE Assistant District Attorney 201 Poplar Memphis, TN 38103 Judge:SMITH First Paragraph: Appellant Jose Holmes was convicted by a jury in the Shelby County Criminal Court of attempted first degree murder and of especially aggravated robbery. He was sentenced as a career offender to sixty years in the Department of Correction. URL:http://www.tba.org/tba_files/TCCA/holmesjo_op.WP6 STATE OF TENNESSEE vs. MARVIN A. KING, JR. Court:TCCA Attorneys: FOR THE APPELLANT FOR THE APPELLEE Edgar A. Wilder Charles W. Burson 222 Ellis Avenue Attorney General & Reporter Maryville, TN. 37804 Peter M. Coughlan Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN. 37243-0493 Michael L. Flynn District Attorney General 363 Court Street Maryville, TN. 37804-5906 Philip H. Morton Assistant District Attorney General 363 Court Street Maryville, TN. 37801 Judge:BARKER First Paragraph: The appellant, Marvin A. King, appeals the Blount County Circuit Court's dismissal of his post-conviction petition. In 1992, the appellant and two co defendants, Michael Hatfield and Floyd Caulder, were convicted by a jury and sentenced for the especially aggravated robbery of one William Cimino. The appellant was sentenced as a Range II multiple offender to thirty (30) years in the Tennessee Department of Correction. The appellant, thereafter, filed a direct appeal to this Court and we affirmed his conviction. The supreme court denied the appellant's petition for permission to appeal on July 18, 1994. URL:http://www.tba.org/tba_files/TCCA/kingma_opn.WP6 STATE OF TENNESSEE VS. JOHN KNAPP Court:TCCA Attorneys: For Appellant: For Appellee: Charles R. Curbo, Attorney John Knox Walkup 109 Madison Avenue Attorney General & Reporter Memphis, TN 38103 Kenneth W. Rucker Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Alanda Horne Asst District Attorney General Criminal Justice Ctr, 3rd Floor 201 Poplar Avenue Memphis, TN 38103 Judge:WADE First Paragraph: The defendant, John Knapp, was convicted of attempted second murder. The trial court imposed a Range I, ten-year sentence. In this appeal of right, the defendant claims an entitlement to a new trial on several grounds, including that the trial judge precluded an effective cross-examination of the victim and improperly commented on the evidence. Although counsel for the defendant failed to enumerate other grounds in his appellate brief, there are references to possible other issues; included is an alleged violation of the rule of sequestration of witnesses. URL:http://www.tba.org/tba_files/TCCA/knappj_opn.WP6 NAPOLEON MOMON vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: On Appeal: JOHN KNOX WALKUP STEPHEN M. GOLDSTEIN Attorney General & Reporter 314 Vine St. Chattanooga, TN 37403 JANIS L. TURNER Counsel for the State At the Hearing: 450 James Robertson Parkway WILLIAM J. MARETT, JR. Nashville, TN 37243-0493 Bryan & Marett 211 Third Ave. North WILLIAM H. COX Nashville, TN 37201 District Attorney General THOMAS J. EVANS Asst District Attorney General 600 Market St., Ste. 310 Chattanooga, TN Judge:WITT First Paragraph: The petitioner, Napoleon Momon, appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure from the Hamilton County Criminal Court's denial of post-conviction relief. The petitioner was convicted in 1991 of second degree murder in the shooting death of his wife, Jacqueline Daniel Momon, and received a twenty-five-year sentence. His conviction was affirmed on direct appeal to this Court. State v. Napoleon Momon, No. 03C01-9205-CR-00174 (Tenn. Crim. App., Knoxville, Nov. 20, 1992). URL:http://www.tba.org/tba_files/TCCA/momonn_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/momon_dis.WP6 THOMAS NEWSOME, JR. VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: J. Timothy Street Charles W. Burson 136 Fourth Avenue South Attorney General of Tennessee Franklin, TN 37064 and Clinton J. Morgan Asst Attorney General of Tennessee 450 James Robertson Parkway Nashville, TN 37243-0493 Victor S. Johnson, III District Attorney General and Roger Moore Asst District Attorney General Washington Square 222 2nd Avenue North Nashville, TN 37201-1649 Judge:Tipton First Paragraph: The petitioner, Thomas Newsome, Jr., appeals as of right from the denial of his petition for post-conviction relief by the Davidson County Criminal Court. The petitioner complains about his 1988 convictions for aggravated rape and aggravated kidnapping for which he received an effective sentence of fifty-five years in the custody of the Department of Correction. His sole claim in this appeal is that the trial court erred when it determined that the petitioner received the effective assistance of counsel. URL:http://www.tba.org/tba_files/TCCA/newsomet_opn.WP6 STATE OF TENNESSEE VS. ANTHONY NOE Court:TCCA Attorneys: For the Appellant: For the Appellee: Lionel R. Barrett, Jr. Charles W. Burson Washington Square Two Attorney General of Tennessee 222 Second Avenue, North and Nashville, TN 37201 Charlotte H. Rappuhn (AT TRIAL AND ON APPEAL) Asst Attorney General of Tennessee 450 James Robertson Parkway Karl Dean Nashville, TN 37243-0493 District Public Defender and Victor S. Johnson, III Paul Newman District Attorney General David Baker and Assistant Public Defenders Mary Hausman Stahlman Building Bill Reed Nashville, TN 37201 Asst District Attorneys General (AT TRIAL) 102 Metro Courthouse Nashville, TN 37201 Judge:Tipton First Paragraph: The defendant, Anthony Noe, was convicted in a jury trial in Davidson County Criminal Court of vandalism that resulted in over $500.00 worth of damages, a Class E felony, and of making a false report, a Class A misdemeanor. He was sentenced as a Range I, standard offender to one year for vandalism to be served concurrently with a sentence of eleven months and twenty-nine days for the false report conviction. The trial court ordered that the sentences be suspended and served in a community corrections program. The defendant contends that the evidence is insufficient to support his convictions and that the trial court erred by refusing to grant a continuance after his counsel was appointed on the day of trial. URL:http://www.tba.org/tba_files/TCCA/noea_opn.WP6 STATE OF TENNESSEE vs. TED D. NORRIS Court:TCCA Attorneys: FOR THE APPELLANT FOR THE APPELLEE Michael G. Hatmaker John Knox Walkup P.O. Drawer 417 Attorney General and Reporter Jacksboro, Tennessee 37757 450 James Robertson Parkway Nashville, Tennessee 37243-0493 Michael J. Fahey, II Assistant Attorney General 450 James Robertson Parkway Nashville, Tennessee 37243-0493 Alfred C. Schmutzer, Jr. District Attorney General 125 Court Avenue, Room 301-E Sevierville, Tennessee 37862 Judge:BARKER First Paragraph: The Appellant, Ted D. Norris, files his second direct appeal to this Court challenging the sentences he received from convictions in the Criminal Court of Scott County. After a trial by jury, the Appellant was convicted and sentenced on two counts of assault with intent to commit first degree murder, two counts of armed robbery, one count of aggravated kidnapping, and one count of grand larceny. He argues on appeal that his sentences on the two counts of assault with intent to commit first degree murder were excessive and that the trial court erred in ordering those sentences to be served consecutively. URL:http://www.tba.org/tba_files/TCCA/norristd_opn.WP6 STATE OF TENNESSEE VS. BILLY KEMP RIPPY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL R. JONES JOHN KNOX WALKUP District Public Defender Attorney General & Reporter FRED W. LOVE LISA A. NAYLOR Assistant Public Defender Assistant Attorney General 109 South Second Street 2nd Floor, Cordell Hull Building Clarksville, TN 37040 425 Fifth Avenue North Nashville, TN 37243 JOHN WESLEY CARNEY, JR. District Attorney General DENT MORRISS Asst District Attorney General 500 South Main Springfield, TN 37172 Judge:WOODALL First Paragraph: The Defendant, Billy Kemp Rippy, appeals as of right following a jury trial in the Circuit Court of Robertson County where he was convicted of aggravated robbery. The trial court sentenced Defendant to thirteen (13) years as a Range II, Multiple Offender. The Defendant raises two issues on appeal: (1) the evidence was insufficient to sustain a verdict of guilty beyond a reasonable doubt; and (2) the trial court erred in sentencing him to thirteen (13) years for aggravated robbery. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/rippybk_opn.WP6 WENDALL S. RUSSELL vs. HOWARD CARLTON, WARDEN, & STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Mark H. Toohey John Knox Walkup Attorney at Law Attorney General & Reporter 158 Cherokee Street Kingsport, TN 37660 Michael J. Fahey, II Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 David E. Crockett District Attorney General Route 19, Box 99 Johnson City, TN 37601 Judge:SUMMERS First Paragraph: The appellant, Wendall S. Russell, was convicted by a jury of rape. He was sentenced to fifteen years incarceration in the Tennessee Department of Correction. He, thereafter, filed a petition for habeas corpus relief. In his petition he alleged that the indictment against him was insufficient for failing to allege a mens rea. He contends his conviction is void. The trial court dismissed the petition finding that it was not proper for habeas corpus review. The trial court based this finding on the fact that the appellant's conviction was not void on its face and that his sentence had not expired. He appeals this dismissal. Upon review, we affirm. URL:http://www.tba.org/tba_files/TCCA/russellw_opn.WP6 KEITH SCARBROUGH vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Keith Scarbrough Pro Se John Knox Walkup R.M.S.I. Attorney General and Reporter 7475Cockrill Bend-Industrial Rd. Nashville, TN 37209-1010 Peter M. Coughlan Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 Dan Alsobrooks District Attorney General James W. Kirby Assistant District Attorney 105 Sycamore Street Ashland City, TN 37015 Judge:SMITH First Paragraph: In this appeal of the summary dismissal of his post-conviction petition Appellant, Keith Scarbrough, asks this Court to review the validity of his conviction entered upon his pleas of guilty onFeburary 27, 1986. Appellant pled guilty to armed robbery, grand larceny, and second degree burglary. As part of the plea agreement Appellant received sentences totaling 11 years. URL:http://www.tba.org/tba_files/TCCA/scarbrke_ord.WP6 STATE OF TENNESSEE vs. JEFFERY SCOTT SCHAFER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LARRY G. RODDY JOHN KNOX WALKUP P.O. Box 714 Attorney General & Reporter Sale Creek, TN 37373 MICHAEL J. FAHEY, II Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 WILLIAM H. COX, III District Attorney General C. LELAND DAVIS Asst. District Attorney General 600 Market St., Suite 300 Chattanooga, TN 37402 Judge:PEAY First Paragraph: The defendant was indicted for first-degree premeditated murder. After a jury trial, he was convicted of that offense and sentenced to life imprisonment. URL:http://www.tba.org/tba_files/TCCA/schaferj_opn.WP6 CHARLES SPRINKLE vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Charles Sprinkle, Pro Se John Knox Walkup N.E.C.C. Attorney General & Reporter P.O. Box 5000 Mountain City, TN 37683-5000 Marvin E. Clements, Jr. Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 C. Berkeley Bell, Jr. District Attorney General Doug Godbee Asst District Attorney General Main Street, Hawkins County Courthouse Rogersville, TN 37857 Judge:SUMMERS First Paragraph: In 1985 the appellant, Charles Sprinkle, was convicted of aggravated rape and incest. He received an effective sentence of fifty-three years incarceration in the Tennessee Department of Correction. In 1996 he filed a petition for post-conviction relief alleging that the indictment against him was insufficient for failing to allege a mens rea. The trial court dismissed the petition as time barred. He appeals this dismissal. Upon review, we affirm. URL:http://www.tba.org/tba_files/TCCA/sprinkle_opn.WP6 STATE OF TENNESSEE vs. BRENDA STARKS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: J. Robert Hamilton John Knox Walkup Attorney at Law Attorney General & Reporter 225 East Market Street 500 Charlotte Avenue Lebanon, TN 37087 Nashville, TN 37243-0497 Elizabeth B. Marney Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Tom P. Thompson, Jr. District Attorney General 203 Greentop Street Hartsville, TN 37074-0178 Robert N. Hibbett Asst District Attorney General 111 Cherry Street Lebanon, TN 37087-3609 Judge:Jones First Paragraph: The appellant, Brenda Starks (defendant), appeals as of right from the judgment of the trial court affirming the sentence, as amended, imposed by the General Sessions Court of Wilson County. After the defendant entered a plea of guilty to passing a worthless check, a Class A misdemeanor, she was sentenced to serve 364 days at 100% in the Wilson County Jail. Her entire sentence was suspended and she was placed on unsupervised probation. The General Sessions Court subsequently revoked the probation, and she appealed to the Criminal Court for Wilson County. The trial court affirmed the judgment of the General Session Court, but amended the judgment. The amended judgment provided for confinement in the Wilson County Jail for 364 days at 75%. URL:http://www.tba.org/tba_files/TCCA/starksb_opn.WP6 STATE OF TENNESSEE VS. BILL TEAL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREGORY S. O'NEAL (Trial) JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter P.O. Box 555 Winchester, TN 37398 ELIZABETH B. MARNEY Assistant Attorney General GREGORY D. SMITH (Appeal) Criminal Justice Division Attorney at Law 450 James Robertson Parkway One Public Square, Ste. 321 Nashville, TN 37243-0493 Clarksville, TN 37040 C. MICHAEL LAYNE District Attorney General STEPHEN WEITZMAN Asst District Attorney General P.O. Box 147 Manchester, TN 37355 Judge:WITT First Paragraph: The defendant, Bill Teal, stands convicted of aggravated burglary and theft over $1,000, following trial by a jury of his peers in the Coffee County Circuit Court. The court sentenced Teal to serve ten years for aggravated burglary and eight years for theft. The sentences were imposed concurrently to each other but consecutively to other sentences the defendant is serving, the defendant having been found in other proceedings to have violated parole on other offenses. In this direct appeal, the defendant challenges the sufficiency of the convicting evidence and the court's imposition of maximum sentences and fines upon him. Following a review of the record and briefs and having heard arguments in the matter, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/tealb_opn.WP6
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