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TBALink Opinion-Flash
January 12, 1998 -- Volume #4 -- Number #007
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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George Dean
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
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