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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- 00-New Opinons From TSC-Rules
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- 04-New Opinons From TCA
- 12-New Opinons From TCCA
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STATE OF TENNESSEE vs. LEROY HALL Court:TSC Judge:Reid First Paragraph: I concur in affirming the verdict of guilty of premeditated murder and the sentence of death. URL:http://www.tba.org/tba_files/TSC/hallroy_con.WP6 NANCY ARNOLD vs. THE KROGER COMPANY Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: J. Logan Sharp Betty Ann Milligan Marshall Gerber Thomas F. Preston Memphis, Tennessee Memphis, Tennessee Judge:LILLARD First Paragraph: This is a slip and fall case. The plaintiff slipped on grapes on the floor of a grocery store. The jury found the plaintiff to be forty-nine (49%) percent at fault and the defendant grocery store to be fifty-one (51%) percent at fault, and found damages totaling $3,500.00. The plaintiff appeals the determination that she was negligent, as well as the amount of the damage award. We affirm. URL:http://www.tba.org/tba_files/TCA/arnoldn_opn.WP6 LAURA NEVILLE MULLER, Individually and on behalf of THE ESTATE OF WADE LANNOM vs. EVELYN RANKIN LANNOM Court:TCA Attorneys: JOHN D. HORNE THE WINCHESTER LAW FIRM Memphis, Tennessee Attorney for Appellant DAMON E. CAMPBELL CONLEY, CAMPBELL, MOSS & SMITH Union City, Tennessee Attorney for Appellee Judge:HIGHERS First Paragraph: Plaintiff, Laura Muller ("Muller"), appeals the order of the trial court dismissing her complaint to set aside transfers, or in the alternative, to impose a constructive trust or an equitable lien on the certificates of deposit ("CDs") that had been owned by Wade Lannom ("Lannom") and eventually transferred to his second wife, Defendant, Evelyn Rankin Lannom ("Rankin"). For reasons stated hereinafter, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/mullerln_opn.WP6 JAMES C. WALLACE and wife SUE H. WALLACE vs. BOBBY J. HARDIN and wife, FRANCES L. HARDIN Court:TCA Attorneys: FLOYD S. FLIPPIN B. CHADWICK RICKMAN ADAMS, RYAL & FLIPPIN, ATTORNEYS-P.C. Humboldt, Tennessee Attorneys for Appellants BILLY C. BLOW McLemoresville, Tennessee Attorney for Appellees Judge:HIGHERS First Paragraph: In this action to reform a deed, Plaintiffs, James C. Wallace and Sue H. Wallace ("Wallaces"), appeal the trial court's judgment ratifying, approving, and confirming the 1993 warranty deed ("deed") and granting Defendants Bobby J. Hardin and Frances L. Hardin ("Hardins") $1,000 in attorney fees. Mr. and Mrs. Wallace also appeal the trial court's denial of their motion to alter judgment and/or for a new trial. For reasons stated hereinafter, we affirm the trial court's judgment in part and reverse in part. URL:http://www.tba.org/tba_files/TCA/wallacej_opn.WP6 ERNEST JAMES WAYLAND vs. CARL and LOLA PETERS, individually and d/b/a SCOTT COUNTY MOTORS, INC., a Kentucky Corporation Court:TCA Attorneys: BRUCE D. FOX, RIDENOUR, RIDENOUR & FOX, Clinton, for Plaintiff-Appellant. DEBRA L. FULTON and ROBERT L. KAHN, FRANTZ, MCCONNELL & SEYMOUR, LLP, Knoxville, for Defendants-Appellees. Judge:Franks First Paragraph: Plaintiff alleged in his complaint that defendants did not comply with Kentucky statutes relative to titling and transferring motor vehicles, and the financial responsibility requirements in the State of Kentucky. Further, that defendants are required to know and follow the applicable laws relative to automobile dealers, and that the defendants in this matter ignored these laws and should be responsible to the plaintiff for damages as legal owner of the 1973 Buick involved in the collision with the plaintiff. URL:http://www.tba.org/tba_files/TCA/waylande_opn.WP6 STATE OF TENNESSEE vs. MARK BATEMAN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: E. Covington Johnston JOHN KNOX WALKUP 136 Fourth Avenue South Attorney General & Reporter Franklin, TN 37064 500 Charlotte Avenue Nashville, TN 37243-0497 DARYL J. BRAND Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 JOSEPH D. BAUGH District Attorney General MARK PURYEAR Asst Dist. Attorney General P.O. Box 937 Franklin, TN 37065-1608 Judge:WITT First Paragraph: The defendant, Mark Bateman, appeals his Williamson County Circuit Court conviction for driving under the influence of an intoxicant. Having been convicted in a bench trial of violating Tennessee Code Annotated section 55-10-401, the defendant received a six-month sentence which was fully suspended after he served five days, day-for-day, in the county jail. He was placed on unsupervised probation for eleven months, twenty-nine days, fined $350, and had his driver's license revoked for a year. On appeal, the defendant complains that (1) the results of the breath-alcohol test should have been excluded from the evidence and (2) the indictment should have been dismissed because the defendant was denied the opportunity to receive an independent blood-alcohol test. After review of the record and the briefs submitted by the parties, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/batemanm_opn.WP6 STATE OF TENNESSEE vs. ROBERT K. BOOHER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT K. BOOHER, pro se JOHN KNOX WALKUP 104 Capps Hill Attorney General & Reporter Waverly, TN 37185 JANIS L. TURNER Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 DAN M. ALSOBROOKS District Attorney General GEORGE C. SEXTON Asst District Attorney General Humphreys County Courthouse Room 205 Waverly, TN 37185 Judge:WOODALL First Paragraph: The Defendant, Robert K. Booher, appeals as of right from the judgment of the Circuit Court of Humphreys County. Following a jury trial, the Defendant was convicted of driving without proper vehicle registration and driving without a license, both Class C misdemeanors. In this pro se appeal, Defendant raises many issues which can collectively be summarized as challenging the constitutionality of the applicable motor vehicle statutes and the denial of adequate due process of law. We affirm the judgments of the trial court. URL:http://www.tba.org/tba_files/TCCA/booherrk_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 JEFFREY LYNN BUCKNER vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT FOR THE APPELLEE Douglas A. Trant John Knox Walkup 900 S. Gay Street Attorney General & Reporter Suite 1502 Knoxville, TN 37902 Clinton J. Morgan Cordell Hull Building, Second Floor 425 5th Avenue North Nashville, TN 37243-0493 Judge:BYERS First Paragraph: The petitioner seeks to have a conviction for murder overturned by way of post-conviction relief after this case was affirmed by the Court of Criminal Appeals and after the Supreme Court denied review. URL:http://www.tba.org/tba_files/TCCA/bucknerx_cca.WP6 DONNIE CARPENTER vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SHARA FLACY JOHN KNOX WALKUP Public Defender Attorney General & Reporter WILLIAM C. BRIGHT CLINTON J. MORGAN Asst. Public Defender Counsel for the State P.O. Box 1208 450 James Robertson Pkwy. Pulaski, TN 38478 Nashville, TN 37243-0493 MIKE BOTTOMS District Attorney General ROBERT C. SANDERS Asst. District Attorney General P.O. Box 1619 Columbia, TN 38401 Judge:PEAY First Paragraph: The petitioner pled guilty to first-degree murder on September 23, 1986. He received a sentence of life imprisonment. On August 21, 1991, he filed a petition for post-conviction relief. Counsel was appointed and an amended petition was filed on November 20, 1996. The petition was dismissed the following day because it was filed outside the statute of limitations. The petitioner now appeals and argues that the post-conviction court erred when it dismissed his petition. We disagree and affirm the judgment of the court below. URL:http://www.tba.org/tba_files/TCCA/carpentd_opn.WP6 STATE OF TENNESSEE vs. JAMES DANTES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Clifford K. McGown, Jr. John Knox Walkup Attorney at Law Attorney General & Reporter 113 North Court Square P.O. Box 26 Kenneth W. Rucker Waverly, TN 37185 Assistant Attorney General (On Appeal Only) Criminal Justice Division 425 5th Avenue North Gary F. Antrican Nashville, TN 37243-0493 District Public Defender Elizabeth T. Rice Jeannie Kaess District Attorney General Asst District Public Defender 118 East Market Street Jerry Norwood P.O. Box 700 Asst District Attorney General Somerville, TN 38068 302 Market Street (At Trial) Somerville, TN 38068 Judge:SUMMERS First Paragraph: The appellant, James Dantes, pled guilty to two counts of violating the Motor Vehicle Habitual Offenders Act. He received an effective sentence of six years incarceration as a multiple offender. Before the appellant reported to jail, he again violated the Motor Vehicle Habitual Offenders Act. He was sentenced to one year and eight months incarceration, which was to be served consecutively to his previous sentences. Therefore, he received a total effective sentence of seven years and eight months. URL:http://www.tba.org/tba_files/TCCA/dantesja_opn.WP6 STATE OF TENNESSEE vs. CHARLES D. FOWLER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT S. PETERS JOHN KNOX WALKUP 100 First Ave., S.W. Attorney General & Reporter Winchester, TN 37398 KAREN M. YACUZZ0 Assistant Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 C. MICHAEL LAYNE District Attorney General KENNETH J. SHELTON, JR. Asst. District Attorney General P.O. Box 147 Manchester, TN 37355 Judge:PEAY First Paragraph: The defendant was indicted on October 12, 1994, on charges of attempt to purchase a minor child, attempt to commit statutory rape, and patronizing prostitution. The State later dismissed the charge of patronizing prostitution, and a jury found the defendant guilty of the remaining two counts. The trial court, however, granted the defendant's motion for an acquittal as to attempt to purchase a minor child. Thus, in this appeal of right, the defendant challenges his remaining conviction for attempted statutory rape. The defendant contends that the evidence was insufficient to convict him of this offense. He further challenges the appropriateness of his sentence. The trial court sentenced him to serve nine months in the county jail and pay a two thousand five hundred dollar ($2500) fine. URL:http://www.tba.org/tba_files/TCCA/fowlercd_opn.WP6 STATE OF TENNESSEE vs. LARRY GUNTER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: EDWARD C. MILLER JOHN KNOX WALKUP Public Defender Attorney General and Reporter P.O. Box 416 Dandridge, TN 37725 SANDY R. COPOUS Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 AL SCHMUTZER, JR. District Attorney General JAMES L. GASS Asst District Attorney General Sevier County Courthouse, Suite 301 Sevierville, TN 37862 Judge:SMITH First Paragraph: Appellant Larry Donald Gunter appeals from a jury verdict rendered on April 12, 1995 in the Jefferson County Circuit Court finding him guilty of aggravated assault. Appellant pleaded guilty to a charge of driving a motor vehicle without a valid operator's license. As a Range I standard offender, Appellant received the following sentences: (1) six years confinement in the Tennessee Department of Corrections for the aggravated assault; and (2) a concurrent sentence of thirty days in the Jefferson County Jail, on the conviction for driving a motor vehicle without a valid operator's license. On April 24, 1995, Appellant filed a motion for new trial. However, the trial court denied this motion on February 7, 1996. Appellant presents two issues for consideration on this direct appeal: (1) whether the evidence was sufficient as a matter of law to sustain Appellant's conviction for aggravated assault; and (2) whether the trial court erred in denying Appellant's motion in limine to prohibit the introduction of threats allegedly made by Appellant to Melissa Baker, Appellant's former girlfriend, when the victim was not Ms. Baker. URL:http://www.tba.org/tba_files/TCCA/gunterl_opn.WP6 GLENN HALLOCK vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Glenn Hallock, Pro se John Knox Walkup Special Needs Facility Attorney General of TN 7575 Cockrill Bend Industrial Rd. and Nashville, TN 37209-1057 Elizabeth B. Marney Asst Attorney General of TN 450 James Robertson Parkway Nashville, TN 37243-0493 Tom P. Thompson, Jr. District Attorney General P.O. Box 178 Hartsville, TN 37074-0178 and Doug Hall Asst District Attorney General 111 Cherry Street Lebanon, TN 37087 Judge:Tipton First Paragraph: The petitioner, Glenn Hallock, appeals as of right from the Wilson County Criminal Court's judgment denying him post-conviction relief from his 1992 convictions for aggravated rape, rape, incest and aggravated sexual battery for which he received an effective sentence of thirty-eight years in the custody of the Department of Correction. The trial court held that the petition for relief was barred by the statute of limitations and that, in any event, the grounds asserted for relief had been previously determined or waived. The petitioner contends that his petition is not time barred and that the grounds have not been previously determined or waived. We affirm the trial court. URL:http://www.tba.org/tba_files/TCCA/hallockg_opn.WP6 STEVEN D. HARRIS vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Henry R. Allison, III John Knox Walkup 500 Church Street Attorney General of Tennessee Nashville, TN 37219-2349 and Elizabeth B. Marney Asst Attorney General of TN 450 James Robertson Parkway Nashville, TN 37243-0493 Victor S. Johnson, III District Attorney General and John Zimmerman Asst District Attorney General Washington Square 222 2nd Avenue North Nashville, TN 37201-1649 Judge:Tipton First Paragraph: The petitioner, Steven D. Harris, appeals as of right from the judgment of the Criminal Court for Davidson County denying him post-conviction relief from his 1995 convictions upon guilty pleas for second degree murder and attempted first degree murder, Class A felonies. He received consecutive fifteen-year sentences. The gist of the petitioner's claim in this appeal is that his pleas were unknowing and involuntary because of the ineffective assistance of counsel that induced him to accept the plea offer. We disagree. URL:http://www.tba.org/tba_files/TCCA/harrissd_opn.WP6 CARL E. SAINE 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. It appears the petitioner was originally convicted of rape in September 1977, and sentenced to ninety-five years imprisonment. On July 21, 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/saine_ord.WP6 STATE OF TENNESSEE vs. JEFFERY SCOTT SCHMIDT Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL JONES JOHN KNOX WALKUP Public Defender Attorney General & Reporter COLLIER W. GOODLETT DARYL J. BRAND Asst. Public Defender Asst. Attorney General 109 South 2nd St. 450 James Robertson Pkwy. Clarksville, TN 37040 Nashville, TN 37243-0493 JOHN W. CARNEY District Attorney General STEVE GARRETT Asst. District Attorney General 204 Franklin St. Clarksville, TN 37041 Judge:PEAY First Paragraph: The defendant was convicted, on a guilty plea, in March 1993 on a charge of theft. A four year sentence was imposed with all but ninety days being suspended. The defendant's probation was revoked on two previous occasions for violations. He was placed back on probation at the first revocation and placed in Community Corrections after the second revocation. URL:http://www.tba.org/tba_files/TCCA/schmidtj_opn.WP6
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