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.
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 02-New Opinons From TCA
- 09-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
LJB, INC., d/b/a LAUREL WOOD FARM, a Tennessee Corporation, and LAWRENCE J. BANNIER VS. BUFORD L. CRAIG, GLEN L. CRAIG, SOUTHERN GARDEN DESIGNS, INC., GLEN L. CRAIG, d/b/a BUFORD L. CRAIG GENERAL CONTRACTORS, INC., and SOUTHERN GARDEN DESIGNS, INC., d/b/a NORTH RIVER NURSERY Court:TCA Attorneys: W. Gerald Tidwell, Jr., Chattanooga, for the Appellants. H. Owen Maddux, Chattanooga, for the Appellees. Judge:INMAN First Paragraph: This is an action for damages for breach of contract involving the sale of the assets of a corporation doing business as North River Nursery in Chattanooga. URL:http://www.tba.org/tba_files/TCA/ljb2_ca3.WP6 ROBERT J. McCURLEY PATRICIA G. McCURLEY, VS. CITY OF JACKSON, TENNESSEE; CHARLES FARMER, Mayor for the City of Jackson, Tennessee; and J. B. GLASSMAN and wife, BRENDA GLASSMAN And HAROLD ANGUS Court:TCA Attorneys: Phillip L. Davidson, Nashville, Tennessee Attorney for Defendant/Appellant Harold Angus. Jesse H. Ford, III, Jackson, Tennessee John Van den Bosch, Jr., Jackson, Tennessee Attorney for Plaintiffs/Appellees. Judge:FARMER First Paragraph: This is an action in negligence arising out of the June 1993 acts of the appellant, Harold Angus, in demolishing the "Glassman" building, located at 111 North Highland Avenue in Jackson, pursuant to a contract with the city. Angus' demolition of the building, which had been declared condemned by the city code, is not disputed. Nor is it disputed that, as a result of the building's demolition, damage was sustained to the building located adjacent thereto, identified as the "Carmen's" building, and owned by the appellees, Robert J. McCurley and wife, Patricia G. McCurley. The two buildings shared a common "party wall." At issue in this case is whether Angus was negligent in its demolition of the Glassman building so as to be held legally accountable to the McCurleys for the damages they sustained. The case proceeded to a trial by jury where, at the close of all proof, the trial court directed a verdict in favor of the appellees on the issue of liability. Angus has appealed challenging the correctness of the trial judge's decision in this regard. For the reasons hereinafter stated, we reverse and remand for a new trial. URL:http://www.tba.org/tba_files/TCA/mccurley_opn.WP6 STATE OF TENNESSEE VS. ROBERT BACON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JAMES A. NIDIFFER JOHN KNOX WALKUP 201 W. Watauga Avenue Attorney General and Reporter P.O. Box 118 Johnson City, TN 37605 TIMOTHY F. BEHAN Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 GREELEY WELLS District Attorney General TERESA MURRAY-SMITH Asst District Attorney General 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, Robert Bacon, was convicted by a Sullivan County jury of rape. He was sentenced as a Range I, standard offender to eight years and fined twenty-five hundred dollars ($2500.00). He was ordered to serve his sentence in community corrections. URL:http://www.tba.org/tba_files/TCCA/baconr_opn.WP6 STATE OF TENNESSEE VS. MICHAEL A. CRAWFORD Court:TCCA Attorneys: For Appellant: For Appellee: Gregory D. Smith John Knox Walkup Attorney Attorney General and Reporter One Public Square, Ste. 321 Clarksville, TN 37040 Georgia Blythe Felner (on appeal) Counsel for the State 450 James Robertson Parkway Richard Tate Nashville, TN 37243-0493 Asst. Public Defender 266 Blountville Bypass H. Greeley Wells, Jr. Blountville, TN 37617 District Attorney General (at trial) and Barry Staubus Asst District Attorney General 140 Blountville Bypass Blountville, TN 37617 Judge:WADE First Paragraph: The defendant, Michael Anthony Crawford, was indicted for attempted second degree murder. Tenn. Code Ann. S 39-13-210. The jury returned a verdict of guilt for the lesser included offense of aggravated assault, a Class C felony. Tenn. Code Ann. S 39-13-102. The trial court imposed a Range II, ten-year sentence. There was a fine of $10,000.00. URL:http://www.tba.org/tba_files/TCCA/crawfrdm_opn.WP6 STATE OF TENNESSEE VS. RONALD K. KELLER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Raymond Mack Garner John Knox Walkup District Public Defender Attorney General & Reporter 419 High Street 500 Charlotte Avenue Maryville, TN 37804 Nashville, TN 37243-0497 Peter M. Coughlan Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Michael L. Flynn District Attorney General Blount County Courthouse 363 Court Street Maryville, TN 37804-5906 Edward P. Bailey, Jr. Asst District Attorney General Blount County Courthouse 363 Court Street Maryville, TN 37804-5906 Judge:Jones First Paragraph: The appellant, Ronald K. Keller (defendant), was convicted of nonsupport, a Class A misdemeanor, following a bench trial. The trial court sentenced the defendant to confinement for eleven months and twenty-nine days in the Blount County Jail. In this court, the defendant contends (a) the evidence contained in the record is insufficient, as a matter of law, to support his conviction because the State of Tennessee failed to prove beyond a reasonable doubt that he had sufficient funds to pay child support when the support was due; and (b) the record establishes he honestly believed his obligation to pay child support had been terminated because three of his children had been adopted by their stepfather. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues presented for review, it is the opinion of this court that the judgment of the trial court should be affirmed. URL:http://www.tba.org/tba_files/TCCA/kellerrk_opn.WP6 STATE OF TENNESSEE VS. HERMAN MONTRELL MARTIN Court:TCCA Attorneys: FOR THE APPELLANT: GEORGE MARTIN GOOGE District Public Defender DANIEL J. TAYLOR Assistant Public Defender 227 W. Baltimore Street Jackson, TN 38301-6137 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter CLINTON J. MORGAN Assistant Attorney General Cordell Hull Bldg. - 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 JAMES G. WOODALL District Attorney General LAWRENCE E. NICOLA Assistant District Attorney General 225 Martin Luther King Dr. P. O. Box 2825 Jackson, TN 38302-2825 Judge:RILEY First Paragraph: Herman Montrell Martin, the defendant, appeals the revocation of his probation by the Madison County Circuit Court. The sole issue presented for our review is whether the trial court erred in revoking probation. We AFFIRM the judgment of the trial court pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. URL:http://www.tba.org/tba_files/TCCA/martinhm_opn.WP6 STATE OF TENNESSEE VS. ANDREA D. MILES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHARLES E. WALDMAN JOHN KNOX WALKUP 147 Jefferson Avenue Attorney General and Reporter Suite 1102 Memphis, TN 38103 ELLEN H. POLLACK Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 WILLIAM L. GIBBONS District Attorney General JERRY C. BEASLEY, JR. JERRY HARRIS Assistant District Attorneys 201 Poplar Avenue - 3rd Floor Memphis, TN 38103 Judge:SMITH First Paragraph: Appellant Andrea D. Miles was convicted on August 11, 1995 in the Shelby County Criminal Court of murder in the first degree. She received a sentence of life imprisonment with the Tennessee Department of Corrections. Additionally, the court imposed a fine of $50.00 to be paid to the Criminal Injuries Compensation Fund. Appellant presents three issues for our consideration on this direct appeal: (1) whether the evidence was sufficient to sustain Appellant's conviction for first degree murder; (2) whether the trial court erred in failing to instruct the jury regarding post traumatic stress disorder; and (3) whether the prosecution failed to carry its burden of proving that Appellant was sane at the time the offense was committed. URL:http://www.tba.org/tba_files/TCCA/milesand_opn.WP6 DENNIS P. NEILAN VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT FOR THE APPELLEE James W. Greenlee John Knox Walkup 118 Bruce Street Attorney General and Reporter Sevierville, Tennessee 37862 Michael J. Fahey, II Assistant Attorney General 450 James Robertson Parkway Nashville, Tennessee 37243-0493 G. Scott Green Assistant District Attorney Al Schmutzer District Attorney General Ste 301, Sevier County Courthouse Sevierville, Tennessee 37862 Judge:Barker First Paragraph: The appellant, Dennis P. Neilan, appeals from the judgment of the Sevier County Circuit Court which dismissed, without hearing, his petition seeking post conviction relief. We affirm the trial court pursuant to Rule 20 of the Rules of the Tennessee Court of Criminal Appeals. URL:http://www.tba.org/tba_files/TCCA/neilndp_opn.WP6 STATE OF TENNESSEE vs. JOE HENRY SMITH Court:TCCA Attorneys: For Appellant: For Appellee: Ardena J. Garth John Knox Walkup District Public Defender Attorney General and Reporter Eleventh Judicial District Donna Robinson Miller Clinton J. Morgan Asst District Public Defender Counsel for the State Suite 300, 701 Cherry Street 450 James Robertson Parkway Chattanooga, TN 37402 Nashville, TN 37243-0493 (on appeal) Barry Steelman Cynthia Lecroy-Schemel Asst District Attorney General Asst District Public Defender Ste 300, 600 Market Street Suite 300, 701 Cherry Street Chattanooga, TN 37402 Chattanooga, TN 37402 (at trial) Judge:WADE First Paragraph: The defendant, Joe Henry Smith, was indicted for aggravated robbery. He then entered into a plea agreement whereby he pled guilty to simple robbery and accepted a Range I, six-year sentence. The trial court denied probation. In this appeal of right, the defendant complains that the trial court should have granted probation or an alternative sentence. URL:http://www.tba.org/tba_files/TCCA/smithjh_opn.WP6 RUSSELL STRADER, JR. vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Russell Strader, Jr. John Knox Walkup Pro Se Attorney General and Reporter No. 093164 450 James Robertson Parkway M.C.R.C.F., P.O. Box 2000 Nashville, TN 37243-0493 Wartburg, TN 37887-2000 Timothy F. Behan Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 J. Michael Taylor District Attorney General Third Floor First American Bank Building Dayton, TN 37321 Judge:WADE First Paragraph: The petitioner, Russell Strader, Jr., appeals the trial court's dismissal of his petition for post-conviction relief. URL:http://www.tba.org/tba_files/TCCA/straderr_opn.WP6 STATE OF TENNESSEE vs. LADANIEL RAY WILLIAMS Court:TCCA Attorneys: For Appellant: For Appellee: D'Artagnan H. (Chip) Perry John Knox Walkup Attorney Attorney General and Reporter 1910 First Tennessee Plaza 800 South Gay Street Marvin E. Clements, Jr. Knoxville, TN 37902 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Randall E. Nichols District Attorney General Fred Bright and Willie Harper Asst. District Attorneys General City-County Building Knoxville, TN 37902 Judge:WADE First Paragraph: The defendant, LaDaniel Ray Williams, entered a plea of guilt to aggravated robbery. The trial court imposed a Range I sentence of eight years. The single issue presented for our review is whether the trial court erred by denying the defendant's request to be classified as an especially mitigated offender. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/wmslr_opn.WP6
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank