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TBALink Opinion-Flash
December 11, 1997 -- Volume #3 -- Number #130
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.
- This Issue (IN THIS ORDER):
- 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
- 02-New Opinons From TSC
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George Dean
TBALink Chief Editor
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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