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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- 06-New Opinons From TCCA
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JOHN LEE NEWTON and, VICTORIA CARTER NEWTON vs. DENISE TINSLEY, Individually and as ADMINISTRATRIX OF THE ESTATE OF CARL THOMAS TINSLEY Court:TCA Attorneys: Bruce A. Anderson, Vonda M. Laughlin, BUTLER, VINES AND BABB, P.L.L.C., Knoxville, Tennessee Attorneys for Plaintiffs/Appellants. Paul E. Dunn, Dallas T. McRenolds, III DUNN, MacDONALD & COLEMAN, P.C., Knoxville, Tennessee Janet L. Hogan, HOGAN & HOGAN, Knoxville, Tennessee Attorneys for Defendant/Appellee. Judge:FARMER First Paragraph: Plaintiffs John Lee Newton and Victoria Carter Newton appeal the trial court's order granting the motion for summary judgment filed by Defendant/Appellee Denise Tinsley in her individual capacity. We affirm based on our conclusion that, under the facts of this case, Tinsley owed no legal duty to prevent injury to the Newtons. URL:http://www.tba.org/tba_files/TCA/newtonjl_opn.WP6 ROBIN MEDIA GROUP, INC., A Tennessee Corporation d/b/a East Tennessee Cablevision, vs. KENNETH M. SEATON, EAST COAST CABLEVISION, and THE CITY OF PIGEON FORGE, TENNESSEE Court:TCA Attorneys: Hugh B. Bright, Jr., Norman G. Templeton, WOOLF, McCLANE, BRIGHT, ALLEN & CARPENTER, Knoxville, Tennessee Attorney for Plaintiff/Appellant. C. Dan Scott, Katherine M. Hamilton, SCOTT & ASSOCIATES, Sevierville, Tennessee Attorney for Defendant/Appellee Kenneth M. Seaton. Douglas S. Yates, BRABSON, YATES & HAMILTON, Sevierville, Tennessee Attorney for Defendant/Appellee East Coast Cablevision. Norma McGee Ogle, OGLE, WYNN & RADER, Sevierville, Tennessee Attorney for Defendant/Appellee City of Pigeon Forge, Tennessee. Judge:FARMER First Paragraph: Plaintiff Robin Media Group, Inc., appeals the trial court's judgment dismissing its claims for declaratory and injunctive relief against Defendants/Appellees Kenneth M. Seaton, East Coast Television, and the City of Pigeon Forge. We affirm in part and reverse in part the trial court's judgment based, inter alia, on East Coast's concession that Robin Media had standing to maintain this action. URL:http://www.tba.org/tba_files/TCA/robinmg_opn.WP6 STATE OF TENNESSEE vs. CARLITO D. ADAMS Court:TCCA Attorneys: For Appellant: For Appellee: William D. Massey John Knox Walkup 3074 East Street Attorney General and Reporter Memphis, TN 38128 (on appeal) Karen M. Yacuzzo Assistant Attorney General Brett Stein 450 James Robertson Parkway 236 Adams Avenue Nashville, TN 37243-0493 Memphis, TN 38103 and John W. Campbell Wayne Chastain Assistant Attorney General 147 Jefferson Avenue Criminal Justice Complex, Ste. 301 Memphis, TN 38103 201 Poplar Street (at trial) Memphis, TN 38103 Judge:WADE First Paragraph: The defendant, Carlito D. Adams, was convicted of two counts of first degree felony murder and two counts of attempted first degree felony murder. He received concurrent life sentences for the felony murder convictions. The trial court imposed Range I, fifteen and twenty-five year sentences for the two attempted felony murder convictions, to be served consecutively to each other and to his life sentences, for an aggregate sentence of life plus forty years. URL:http://www.tba.org/tba_files/TCCA/adamscd_opn.WP6 STATE OF TENNESSEE vs. HOWARD BROWN, ALIAS, DUNKER Court:TCCA Attorneys: For the Appellant: For the Appellee: Susan E. Shipley Charles W. Burson 800 Gay Street Attorney General of Tennessee 1610 Plaza Tower and Knoxville, TN 37929 Hunt S. Brown Asst Attorney General of Tennessee 450 James Robertson Parkway Nashville, TN 37243-0493 Honorable Randall E. Nichols District Attorney General and Charme P. Johnson Greg Harrison Asst District Attorneys General City County Building Knoxville, TN 37902 Judge:Tipton First Paragraph: The defendant, Howard Brown, alias, Dunker, appeals from his conviction in the Knox County Criminal Court for aggravated rape, a Class A felony. He was sentenced as a Range I, standard offender to twenty years to be served in the custody of the Department of Correction. URL:http://www.tba.org/tba_files/TCCA/brownh_opn.WP6 STATE OF TENNESSEE vs. TRACEY PENDERGRASS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: L. THOMAS AUSTIN JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter P.O. Box 666 Dunlap, TN 37327 SANDY R. COPOUS Assistant Attorney General 425 Fifth Avenue North 2nd Floor, Cordell Hull Building Nashville, TN 37243 JAMES MICHAEL TAYLOR District Attorney General WILL DUNN Assistant District Attorney General 265 Third Avenue, Suite 300 Dayton, TN 37321 Judge:WOODALL First Paragraph: The Defendant, Tracey Pendergrass, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant was convicted of aggravated child abuse following a jury trial in the Circuit Court of Bledsoe County. She was sentenced to ten years as a Range I offender. The Defendant argues the following five issues in her appeal: (1) Whether the trial court abused its discretion when it allowed family members to testify as to statements made by the minor child several hours after he was injured; (2) whether the trial court abused its discretion when it allowed the attending nurse to testify as to statements made by the child which identified the Defendant as the cause of the injury; (3) whether the trial court erred when it neglected to include a lesser included offense in its charge to the jury; (4) whether the trial court abused its discretion when it refused to grant the Defendant's motion for a mistrial after four jurors were allowed to use the telephone after the case was submitted to the jury; and (5) whether the trial court erred when it imposed a sentence of ten (10) years upon the Defendant. For the reasons stated below, we remand this case to the trial court for a hearing on the issue of jury separation. URL:http://www.tba.org/tba_files/TCCA/pndrgrst_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/pndrgrst_con.WP6 CHARLES R. SMITH vs. ALTON HESSON, WARDEN Court:TCCA Judge:JONES First Paragraph: This matter is before the Court upon the state's motion to affirm the judgment of the trial court in accordance with Rule 20, Rules of the Court of Criminal Appeals. In March 1991, the petitioner was indicted on one count of rape and one count of sexual battery. Though the judgment is not contained in the record, it appears the petitioner was subsequently convicted of rape and sexual battery, and received an effective sentence of thirteen years. On June 18, 1997, the petitioner filed a petition for a writ of habeas corpus challenging the sufficiency of the indictment entered against him. The trial court denied relief. URL:http://www.tba.org/tba_files/TCCA/smith-c1_ord.WP6 STATE OF TENNESSEE vs. CHARLES DAVID VANDERFORD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: J. Daniel Freemon John Knox Walkup Attorney at Law Attorney General & Reporter 327 West Gaines Street 500 Charlotte Avenue Lawrenceburg, TN 38464 Nashville, TN 37243-0497 Eugene J. Honea Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 G. Robert Radford District Attorney General P.O. Box 686 Huntingdon, TN 38344-0686 John W. Overton, Jr. Asst District Attorney General P.O. Box 484 Savannah, TN 38372 Judge:Jones First Paragraph: The appellant, Charles David Vanderford (defendant), was convicted of possessing over five grams of cocaine, a Class B felony, and possessing more than .5 ounces of marijuana, a Class E felony, by a jury of his peers. The trial court found the defendant was a standard offender and imposed the following Range I sentences: a fine of $25,000 and confinement for nine (9) years in the Department of Correction for possessing cocaine and a fine of $5,000 and confinement for eighteen (18) months in the Department of Correction for possessing marijuana. The sentences are to be served concurrently. The effective sentence imposed consisted of fines totaling $30,000 and confinement for nine (9) years in the Department of Correction. URL:http://www.tba.org/tba_files/TCCA/vandrfdc_opn.WP6
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