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TBALink Opinion-Flash
December 17, 1997 -- Volume #3 -- Number #133
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 TSC
- 02-New Opinons From TSC-Rules
- 04-New Opinons From TSC-Workers Comp Panel
- 06-New Opinons From TCA
- 11-New Opinons From TCCA
- 06-New Opinons From TSC
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TBALink Chief Editor
JAMES DAVID CARTER vs. STATE OF TENNESSEE Court:TSC First Paragraph: Upon consideration of the petition to rehear filed by the appellee, James David Carter, and the State's response thereto, this Court is of the opinion that the petition should be and the same is hereby denied. URL:http://www.tba.org/tba_files/TSC/carter_ord.WP6
STATE OF TENNESSEE
vs.
RICKY MICHAEL DIXON
Court:TSC
Attorneys:
FOR APPELLANT: FOR APPELLEE:
John Knox Walkup Jerry S. Sloan
Attorney General & Reporter Chattanooga
Michael E. Moore
Solicitor General
Elizabeth T. Ryan
Assistant Attorney General
Judge:HOLDER
First Paragraph:
The appellant, Ricky Michael Dixon, was convicted of aggravated
kidnapping, aggravated assault, and attempted sexual battery. He was
sentenced to twenty years for aggravated kidnapping, fifteen years for
aggravated assault, and eleven months and twenty-nine days for
attempted sexual battery. The sentences were ordered to run
concurrently. The appellate court reversed the aggravated assault and
attempted sexual battery convictions pursuant to State v. Anthony, 817
S.W.2d 299 (Tenn. 1991). We reverse the appellate court and affirm
the convictions.
URL:http://www.tba.org/tba_files/TSC/dixonrm_opn.WP6
URL:http://www.tba.org/tba_files/TSC/dixonrm_dis.WP6
STATE OF TENNESSEE
vs.
LEROY HALL, JR.
Court:TSC
Attorneys:
FOR APPELLANT: FOR APPELLEE:
Brock Mehler John Knox Walkup
Nashville, Tennessee Attorney General & Reporter
(Appeal Only)
Michael E. Moore
William R. Heck Solicitor General
212 James Building
Chattanooga, Tennessee
(Trial and Appeal) Amy L. Tarkington
Assistant Attorney General
Karla G. Gothard Nashville, Tennessee
701 Cherry Street
Chattanooga, Tennessee William H. Cox, III
(Trial Only) District Attorney General
Eleventh Judicial District
and
Thomas J. Evans
Asst District Attorney General
Chattanooga, Tennessee
Judge:DROWOTA
First Paragraph:
In this capital case, the defendant, LeRoy Hall, Jr., was convicted of
premeditated first degree murder and aggravated arson. 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 or was attempting to commit,
arson." 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/halllroy_opn.WP6
STEVE HENLEY
vs.
STATE OF TENNESSEE
Court:TSC
Attorneys:
For the Appellant: For the Appellee:
John Knox Walkup Jack E. Seaman
Attorney General & Reporter Lyell, Seaman & Shelton
Nashville, Tennessee
Michael E. Moore
Solicitor General Paul S. Davidson
Stokes & Bartholomew
John H. Baker, III
Assistant Attorney General
Nashville, Tennessee
Tom P. Thompson
District Attorney General
John Wooten
Asst District Attorney General
Hartsville, Tennessee
Judge:DROWOTA
First Paragraph:
In this post conviction proceeding, the trial court denied relief on
all grounds alleged, and specifically found that the petitioner, Steve
Henley, had been afforded his constitutional right to effective
assistance of counsel at the sentencing phase of his capital trial.
The Court of Criminal Appeals found that the evidence preponderated
against the trial court's denial of relief with respect to the
sentencing phase, and concluded that Henley had been denied his right
to effective assistance of counsel because trial counsel had failed to
adequately investigate and prepare witnesses to testify on Henley's
behalf and had failed to adequately investigate Henley's mental
condition and request that he undergo a mental evaluation.
Accordingly, the Court of Criminal Appeals reversed Henley's sentence
of death and ordered a new sentencing hearing. Thereafter, we granted
the State permission to appeal to determine whether the intermediate
court erred in concluding that the evidence preponderates against the
trial court's finding that Henley was afforded his right to effective
assistance of counsel at sentencing. After carefully reviewing the
record, we have determined that the evidence supports the trial
court's finding. Accordingly the judgment of the Court of Criminal
Appeals ordering a new sentencing hearing is reversed, and the trial
court's decision denying the petition for post conviction relief on
all grounds alleged is reinstated.
URL:http://www.tba.org/tba_files/TSC/henleys_opn.WP6
URL:http://www.tba.org/tba_files/TSC/henleys_dis.WP6
JACKSON BRADLEY
vs.
LORETTO CASKET COMPANY, INC.,
HARTFORD CASUALTY INSURANCE
COMPANY and LIBERTY MUTUAL
INSURANCE COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
BLAKELEY D. MATTHEWS DAVID L. ALLEN
LEIGH A. BUCKLEY P.O. Box 369
CORNELIUS & COLLINS Lawrenceburg, TN 38474
P.O. Box 190695
Nashville, TN 37219
Judge:RUSSELL
First Paragraph:
This case was compromised and settled by an agreed order entered on
August 16, 1994.
URL:http://www.tba.org/tba_files/TSC_WCP/bradleyj_opn.WP6
WALLACE EARL PALMORE
vs.
FRITO-LAY, INC. and
SECOND INJURY FUND
Court:TSC - Workers Comp Panel
Attorneys:
FOR THE APPELLANTS: FOR THE APPELLEE:
BRYAN ESSARY BEN BOSTON
SHIRLEY A. IRWIN BOSTON, BATES, HOLT
GIDEON & WISEMAN & SOCKWELL
NationsBank Plaza, Suite 1900 P.O. Box 357
Nashville, TN 37219-1782 Lawrenceburg, TN 38464
SECOND INJURY FUND
CHARLES W. BURSON
Attorney General and Reporter
SANDRA E. KEITH
Assistant Attorney General
Cordell Hull Bldg., Second Floor
426 5th Ave. North
Nashville, TN 37243
Judge:RUSSELL
First Paragraph:
Wallace Earl Palmore was working for Frito-Lay, Incorporated, on
October 2, 1992, at a labor intensive job of shoveling peanut butter
and cheese filling into a snack sandwich making machine. He had been
working twelve hour shifts at this particularly physically demanding
job for more than a year. Mr. Palmore had a congenital back
spondylolysis with spondylolisthesis and degenerative disc disease.
On said date his back pain became so intense that he could no longer
work for Frito-Lay.
URL:http://www.tba.org/tba_files/TSC_WCP/palmorew_opn.WP6
CRAIG RING
vs.
CKR INDUSTRIES, INC. and THE
YASUDA FIRE & MARINE INSURANCE
COMPANY OF AMERICA
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellants:
A. Gregory Ramos
Janice Cimbalo
NORTH, PURSELL & RAMOS
Nashville, Tennessee
For the Appellee:
Floyd Don Davis
FLOYD DON DAVIS, P.C.
Winchester, Tennessee
Judge:MALOAN
First Paragraph:
The defendants, CKR Industries, Inc. and The Yasuda Fire & Marine
Insurance Company of America, appeal the judgment of the trial court
in finding the plaintiff, Craig Ring, sustained a compensable
work-related injury and awarding permanent partial disability of
twenty-five percent (25%) to the left arm. For the reasons stated in
this opinion, we affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TSC_WCP/ringc_opn.WP6
LOUIS RAY SMITH
vs.
ZURICH INSURANCE COMPANY and
LEAR SEATING CORPORATION
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Mark A. Skelton Jeffrey C. Taylor
121 South Depot St. Wimberly, Lawson & Seale, PLLC
Rogersville, TN 37857 Liberty Center
929 West First North St.
P.O. Box 1066
Morristown, TN 37816
Judge:BYERS
First Paragraph:
The plaintiff alleged he had sustained permanent impairment as a
result of an accident on November 8, 1994, while employed by the
defendant.
URL:http://www.tba.org/tba_files/TSC_WCP/smith_lr_wc.WP6
SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
December 8, 1997
Court:TSC - Rules
URL:http://www.tba.org/tba_files/TSC_RULES/statelst12_opn.WP6
SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
December 15, 1997
Court:TSC - Rules
URL:http://www.tba.org/tba_files/TSC_RULES/statelst13_opn.WP6
GARY BIRDWELL, individually and
d/b/a BIRDWELL HOME BUILDERS
vs.
BRADLEY S. McKINNEY and
ELIZABETH P. McKINNEY
Court:TCA
Attorneys:
For the Plaintiff/Counter-Defendant/ For the Defendants/
Counter-Plaintiffs/
Appellee: Appellants:
Homer R. Ayers Steven E. Anderson
Goodlettsville, Tennessee Nashville, Tennessee
Judge:LILLARD
First Paragraph:
This case arises out of the construction of a home. The builder filed
suit against the homeowners for monies allegedly due him, and the
homeowners countersued for alleged contract breaches and defects in
construction. The trial court found that both parties had breached
the contract and awarded damages to both parties with a balance due
the builder. Both parties appeal. We affirm in part and reverse in
part.
URL:http://www.tba.org/tba_files/TCA/birdwelg_opn.WP6
ROBERT HUNT
vs.
TIRE AMERICA, INC.,
BRIDGESTONE/FIRESTONE, INC.
Court:TCA
Attorneys:
HARRY WIERSEMA, JR., OF KNOXVILLE FOR APPELLANT
DENNIS L. BABB and VONDA M. LAUGHLIN OF KNOXVILLE FOR TIRE AMERICA,
INC.
DOUGLAS L. DUTTON OF KNOXVILLE FOR BRIDGESTONE/FIRESTONE, INC.
Judge:Goddard
First Paragraph:
Robert Hunt appeals the dismissal of his suit against Tire America,
Inc.("Tire America"), and Bridgestone/Firestone, Inc., by summary
judgment. The suit sought damages for personal injuries and vehicle
damages against the Defendants based upon breach of warranties of
merchantability and fitness for purpose, failure to warn, and
violation of the Tennessee Consumer Protection Act, Title 47, Chapter
18, T.C.A.
URL:http://www.tba.org/tba_files/TCA/huntr_opn.WP6
IN RE: THE CONSERVATORSHIP
OF MATTHEW HURLINE
vs.
LONEY HUTCHINS, INDIVIDUALLY,
and A.R.C., INC. d/b/a 21ST CENTURY
LIVING SERVICES
vs.
SHEILA McNAMARA
Court:TCA
Attorneys:
Samuel F. Anderson, Nashville, Tennessee
Dan R. Alexander, Nashville, Tennessee
Attorney for Third Party Defendant/Appellant.
John R. Phillips, Jr.,
Timothy R. Rector,
PHILLIPS & INGRUM, Gallatin, Tennessee
Attorney for Third Party Plaintiff/Appellee.
Judge:FARMER
First Paragraph:
In 1983, at the age of 14, Matthew Hurline was involved in an accident
and sustained a severe closed head injury which resulted in cognitive
and behavioral disabilities. Since that time, Matthew has required
assistance with his daily care. A 1996 neuro-psychological evaluation
found him incapable of "living outside of a supervised setting" and
needing "at least minimal assistance for all daily activities to
maintain safety and focus on task." On December 30, 1991, Matthew's
mother, Sheila McNamara, the appellant, was appointed his legal
guardian by a Maryland court. This litigation is an attempt to
determine whether Ms. McNamara can be held legally and financially
accountable to the person and facility who has primarily provided
Matthew's daily care since early 1992, the appellees, Loney Hutchins,
individually, (Hutchins) and A.R.C., Inc. d/b/a 21st Century Living
Services. The trial court entered a default judgment against McNamara
in the amount of $107,760, for the care and services provided Hurline
from January 1995 to August 6, 1996. The court also entered a
judgment against Hurline, individually, and the Hurline
conservatorship, in the amount of $115,260. Ms. McNamara has appealed
from the judgment. For the reasons expressed below, we reverse and
remand.
URL:http://www.tba.org/tba_files/TCA/hurlinma_opn.WP6
BRIAN DAVID McCRAY
vs.
IRENE CAROL KLANSECK McCRAY
Court:TCA
Attorneys:
WILLIAM S. FLEMING
207 West 8th Street
P.O. Box 90
Columbia, Tennessee 38402-0090
ATTORNEY FOR PLAINTIFF/APPELLANT
L. Bruce Peden
MOORE & PEDEN
29 Public Square
P.O. Box 981
Columbia, Tennessee 38402-0981
ATTORNEY FOR DEFENDANT/APPELLEE
Judge:TODD
First Paragraph:
This appeal seeks review of a post-divorce decree judgment entered by
the Trial Court on December 6, 1996, finding the husband guilty of
contempt, adjusting alimony and child support, determining the amount
of unpaid arrearage of each, ordering monthly payments of the
adjudicated arrearage and committing the husband to jail upon failure
to pay any monthly installment required by the order. On August 1,
1997, this Court filed an opinion disposing of a previous appeal from
an order entered by the Trial Court December 22, 1995. No application
was filed for permission to appeal to the Supreme Court, and mandate
was issued to the Trial Court. The August 1, 1997 judgment of this
Court is now final.
URL:http://www.tba.org/tba_files/TCA/mccraybd_opn.WP6
CITY OF MURFREESBORO, a
Municipal Corporation in Rutherford
County, State of Tennessee
vs.
MARIANN M. WORTHINGTON
CITY OF MURFREESBORO, a
Municipal Corporation in Rutherford
County, State of Tennessee
vs.
THOMAS W. WORTHINGTON and
wife, Mariann M. Worthington
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendants/Appellees:
Thomas L. Reed, Jr. Granville S.R. Bouldin, Jr.
Jerry E. Farmer Murfreesboro, Tennessee
Murfreesboro, Tennessee
Judge:LILLARD
First Paragraph:
This is a condemnation case. The sole issue at trial was the amount of
compensation the landowners should receive. A jury returned a verdict
awarding the landowners a total of $30,500. On appeal, the appellant
condemning authority contends that the trial court erred in allowing
tax appraisals performed on the property to be introduced into
evidence and that the trial court used the wrong valuation method. We
reverse and remand for a new trial.
URL:http://www.tba.org/tba_files/TCA/murfreew_opn.WP6
BARBARA ANDREWS PIPER
vs.
DONALD McLEAN ANDREWS
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendant/Appellee:
Thomas F. Bloom John R. Phillips Jr.
Nashville, Tennessee Gallatin, Tennessee
Judge:LILLARD
First Paragraph:
This is a post-divorce action in which the mother seeks an increase in
child support. The mother sought an increase based on the father's
income from the closely-held corporation of which he is the sole
shareholder, as well as on the fact that the father's visitation was
less than the standard under the child support guidelines. The trial
court granted the mother an increase in an amount less than the she
sought. We affirm in part, reverse in part, and remand.
URL:http://www.tba.org/tba_files/TCA/piperbar_opn.WP6
GREGG BAILEY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Gregg Bailey, Pro Se John Knox Walkup
Route 1, TCIP, Annex Attorney General & Reporter
Only, TN 37140
Timothy F. Behan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
H. Greeley Wells, Jr.
District Attorney General
Robert Montgomery
Asst District Attorney General
P.O. Box 526
Blountville, TN 37617-0526
Judge:SUMMERS
First Paragraph:
In 1981 the appellant, Gregg Bailey, was convicted by a jury of armed
robbery and assault with the intent to commit second degree murder.
On direct appeal his convictions and sentence were affirmed by this
Court. Thereafter, the appellant filed a petition seeking
post-conviction relief. This Court affirmed the dismissal of that
petition. In 1996 the appellant filed his second petition for
post-conviction relief alleging a double jeopardy violation. The
trial court dismissed the petition on the ground that it was barred by
the statute of limitations.
URL:http://www.tba.org/tba_files/TCCA/baileygr_opn.WP6
STATE OF TENNESSEE
vs.
JAMES T. BINGHAM,
JESSIE W. BAKER, AND
DONALD RAY PATTERSON
Court:TCCA
Attorneys:
FOR THE APPELLANTS: FOR THE APPELLEE:
Bingham & Baker Charles W. Burson
Andrew Jackson Dearing, III Attorney General & Reporter
Attorney at Law
117 South Main Street Lisa A. Naylor
Suite 101 Assistant Attorney General
Shelbyville, TN 37160 Criminal Justice Division
450 James Robertson Parkway
Patterson Nashville, TN 37243-0493
Bethel Campbell Smoot, Jr.
District Public Defender C. Michael Layne
District Attorney General
Rachel E. Willis 307 S. Woodland
Assistant Public Defender P.O. Box 147
606 East Carroll Street Manchester, TN 37355
P.O. Box 260
Tullahoma, TN 37388
Judge:SUMMERS
First Paragraph:
The appellants, Donald Patterson, Jamie Bingham, and Jessie Baker,
were arrested for committing various crimes. Jamie Bingham was
indicted on three counts of burglary of a motor vehicle and six
misdemeanor counts of theft. Jessie Baker was indicted on two counts
of burglary of a motor vehicle and three counts of misdemeanor theft.
Donald Patterson was indicted on two counts of burglary of a motor
vehicle and two counts of misdemeanor theft. Each appellant pled
guilty to all of the indicted charges. After a sentencing hearing,
all of the appellants were classified as standard Range I offenders,
but they received different effective sentences due to the number and
nature of their individual crimes. On appeal, each of the appellants
challenges the manner and length of his sentences. Upon review, we
affirm each of the appellant's sentences.
URL:http://www.tba.org/tba_files/TCCA/bingbakp_opn.WP6
STATE OF TENNESSEE
vs.
DAVIS OLIVER BROWN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ARDENA J. GARTH JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
DONNA ROBINSON MILLER JANIS L. TURNER
Assistant Public Defender Assistant Attorney General
701 Cherry Street, Suite 300 2nd Floor, Cordell Hull Building
Chattanooga, TN 37402 425 Fifth Avenue North
Nashville, TN 37243-0943
WILLIAM COX
District Attorney General
JOHN A. BOBO, JR.
Asst District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
Judge:WOODALL
First Paragraph:
The Defendant, Davis Oliver Brown, appeals as of right from the
sentences imposed by the trial court upon his pleas of guilty to
vehicular homicide and vehicular assault in the Criminal Court of
Hamilton County. Defendant pled guilty without any agreement between
himself and the State as to the length or manner of service of the
sentences. The trial court sentenced Defendant, as a Range I,
Standard Offender, to the maximum sentence of twelve (12) years for
the vehicular homicide conviction and the maximum sentence of four (4)
years for the vehicular assault conviction. The court further ordered
the sentences to be served consecutively. In this appeal, Defendant
presents two issues for review: (1) whether the trial court erred by
imposing the maximum sentences in each case and (2) whether the trial
court erred by ordering the sentences to be served consecutively. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/browndo_opn.WP6
MITCHELL L. CORSO, SR.
vs.
CHARLES JONES, WARDEN,
& STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Mitchell L. Corso, Sr., Pro Se John Knox Walkup
M.C.R.C.F. Attorney General & Reporter
P.O. Box 2000
Wartburg, TN 37887 Sandy Copous Patrick
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Charles E. Hawk
District Attorney General
Frank A. Harvey
Asst District Attorney General
P.O. Box 703
Kingston, TN 37763
Judge:SUMMERS
First Paragraph:
The appellant, Mitchell L. Corso, Sr., pled guilty to aggravated 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/corsomit_opn.WP6
STATE OF TENNESSEE
vs.
FREDDIE JOE DAY, JR.
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Stephen M. Wallace John Knox Walkup
District Public Defender Attorney General and Reporter
Terry L. Jordan Clinton J. Morgan
Assistant Public Defender Assistant Attorney General
P.O. Box 839 450 James Robertson Parkway
Blountville, TN 37617 Nashville, TN 37243-0493
H. Greeley Wells, Jr.
District Attorney General
Rebecca H. Davenport
Assistant District Attorney
P.O. Box 526
Blountville, TN 37617
Judge:BARKER
First Paragraph:
The appellant, Freddie Joe Day, Jr., appeals as of right his
convictions and sentences in the Sullivan County Criminal Court.
After a jury trial, the appellant was convicted of especially
aggravated kidnapping and aggravated assault and was sentenced as a
Range I offender to twenty five (25) years for the kidnapping offense
and six (6) years for aggravated assault. The sentences were ordered
to run concurrently for a total effective sentence of twenty five
years.
URL:http://www.tba.org/tba_files/TCCA/dayfj_opn.WP6
STATE OF TENNESSEE
vs.
AARON ECKARD
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
SHARA A. FLACY JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
JOHN R. WINGO LISA A. NAYLOR
Assistant Public Defender Assistant Attorney General
128 North Second Street 2nd Floor, Cordell Hull Building
P.O. Box 1208 425 Fifth Avenue North
Pulaski, TN 38478 Nashville, TN 37243
T. MICHAEL BOTTOMS
District Attorney General
JESSE DURHAM
Asst District Attorney General
10 Public Square
P.O. Box 1619
Columbia, TN 38402-1619
Judge:WOODALL
First Paragraph:
The Defendant, Aaron Eckard, appeals as of right. Pursuant to a
negotiated plea agreement, the Defendant pled guilty to arson in the
Circuit Court of Maury County and was sentenced to six years in the
Tennessee Department of Correction. In his sole issue on appeal, the
Defendant argues that the trial court erred in denying alternative
sentencing and ordering him to serve the six years in confinement. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/eckarda_opn.WP6
DANNY GARRETT
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Danny Garrett, Pro Se John Knox Walkup
# 123195 Attorney General and Reporter
Northeast Correction Center
P.O. Box 5000 Timothy F. Behan
Mountain City, TN 37683 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
City-County Building
Knoxville, TN 37902
Judge:WADE
First Paragraph:
The defendant, Danny Garrett, appeals the trial court's denial of post
conviction relief. The single issue presented for review is whether
the petition was barred by the statute of limitations.
URL:http://www.tba.org/tba_files/TCCA/garretd_opn.WP6
CLAUDE KENT GREGG
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
HEISKELL WINSTEAD JOHN KNOX WALKUP
4325 Highway 66 South, Attorney General and Reporter
Suite 101
Rogersville, TN 37857 PETER M. COUGHLAN
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
C. BERKLEY BELL
District Attorney General
510 Allison Street
Morristown, TN 37814
Judge:WELLES
First Paragraph:
The Defendant, Claude Kent Gregg, appeals as of right pursuant to Rule
3 of the Tennessee Rules of Appellate Procedure. He was convicted by
a Hamblen County jury of vehicular homicide by intoxication, a Class C
felony at the time the offense was committed. He was sentenced as a
standard offender to the minimum of the range of three years
incarceration to be served in the Hamblen County Jail. The Defendant
raises two issues in this appeal: (1) That the evidence was
insufficient to support a verdict of guilt for vehicular homicide, and
(2) that the trial judge abused his discretion by denying probation.
We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/greggck_opn.WP6
STATE OF TENNESSEE
vs.
BRADLEY JOE HOUSEWRIGHT
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
RICHARD SPIVEY JOHN KNOX WALKUP
142 Cherokee Street Attorney General and Reporter
Kingsport, TN 37660
SANDY C. PATRICK
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
GREELEY WELLS
District Attorney General
ROBERT MONTGOMERY
Asst District Attorney General
Sullivan County Justice Center
Blountville, TN 37617
Judge:WELLES
First Paragraph:
This is an appeal as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure. The Defendant, Bradley Joe Housewright,
pleaded nolo contendere to five counts of assault, Class A
misdemeanors, and one count of vehicular homicide, a Class B felony.
Pursuant to a plea agreement, he was sentenced to eleven months and
twenty-nine days for each assault conviction and eight years for the
vehicular homicide conviction. The sentences were ordered to be
served concurrently. The trial court considered and denied
alternative sentencing and ordered the Defendant to serve his
sentences in the Department of Correction. The Defendant raises three
intertwined issues in this appeal: (1) That the trial court erred by
denying the Defendant's request for alternative sentencing; (2) that
the trial court erred by rejecting the proposition that the fact a
death occurred is not a proper factor to consider in deciding
alternative sentencing; and (3) that the court erred by applying the
exceptional circumstances rule in denying alternative sentencing. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/housewbj_opn.WP6
STATE OF TENNESSEE
vs.
STEPHEN KOPROWSKI
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DOUGLAS A. TRANT JOHN KNOX WALKUP
900 S. Gay Street Attorney General and Reporter
Suite 1502
Knoxville, TN 37902 ROBIN L. HARRIS
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
JAMES N. RAMSEY
District Attorney General
JAN HICKS
Assistant District Attorney
127 A. C. Courthouse
Clinton, TN 37716
Judge:SMITH
First Paragraph:
In this appeal of the summary dismissal of his post-conviction
petition Appellant, Stephen Koprowski, asks this Court to review the
validity of the dismissal of his post conviction petition filed on
April 26, 1996. On April 28, 1992, Appellant pleaded guilty to simple
possession of marijuana. He was sentenced to 11 months and 29 days.
Appellant alleges that he was not fully advised of his rights as set
out in Rule 11 of the Tennessee Rules of Criminal Procedure. In
addition, Appellant alleges that he was not advised of his rights
against self-incrimination, to confront witnesses and to a jury trial.
On December 15, 1995, the Appellant's sentence was enhanced in the
United States District Court, and Appellant now seeks post-conviction
relief as to the alleged constitutionally invalid guilty plea.
URL:http://www.tba.org/tba_files/TCCA/koproste_ord.WP6
STATE OF TENNESSEE
vs.
TREVA STRICKLAND
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DAVID B. HILL JOHN KNOX WALKUP
301 E. Broadway Attorney General and Reporter
Newport, TN 37821
TIMOTHY F. BEHAN
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
AL SCHMUTZER, JR.
District Attorney General
JAMES B. DUNN
Asst District Attorney General
339A East Main Street
Newport, TN 37821
Judge:WELLES
First Paragraph:
The Defendant, Treva Strickland, appeals as of right pursuant to Rule
3 of the Tennessee Rules of Appellate Procedure. She was convicted by
a Cocke County jury of one count of aggravated arson and one count of
attempted first degree murder. The trial court sentenced her as a
Range I standard offender to twenty-five years imprisonment with the
Department of Correction on each count, with the sentences to run
concurrently. In this appeal, the Defendant argues that the trial
court erred in sentencing her to twenty-five years incarceration.
After reviewing the record, we conclude that the Defendant's issue
lacks merit. Accordingly, we affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/strickla_opn.WP6
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