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TBALink Opinion-Flash
January 13, 1998 -- Volume #4 -- Number #008
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
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George Dean
TBALink Chief Editor
M & M PROPERTIES VS. ANNA RUTH MAPLES, et al. Court:TCA Attorneys: PHILIP NEMETH OF GATLINBURG; FRANK B. BIRD and L. LEE KULL OF MARYVILLE FOR APPELLANTS DUDLEY W. TAYLOR OF KNOXVILLE and DONALD B. OAKLEY OF MORRISTOWN FOR APPELLEE Judge:Goddard First Paragraph: This is a suit for declaratory judgment brought by M & M Properties, a general partnership, against Anna Ruth Maples and her daughter, Dorothy Maples Roberts, seeking a determination that the lease held by M & M Properties as to a certain tract in Gatlinburg, sometimes denominated in the record as "the Extended Lease," expires on December 31, 2034, rather than April 1, 2018, the termination date of the original lease as to the tract in question. URL:http://www.tba.org/tba_files/TCA/mmp_opn.WP6
STATE OF TENNESSEE
VS.
MYRON GARMON
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Tony N. Brayton John Knox Walkup
Assistant Public Defender Attorney General and Reporter
201 Poplar Avenue, Suite 2-01
Memphis, TN 38103 Timothy F. Behan
(on appeal) Assistant Attorney General
450 James Robertson Parkway
Leslie Mozingo Nashville, TN 37243-0493
Assistant Public Defender
201 Poplar Avenue, Suite 2-01 David Henry
Memphis, TN 38103 Asst District Attorney General
(at trial) 201 Poplar Avenue, Third Floor
Memphis, TN 38103
Of Counsel:
A.C. Wharton
Shelby County Public Defender
Judge:WADE
First Paragraph:
The defendant, Myron Garmon, was convicted of one count of aggravated
sexual battery. The trial court imposed a twelve-year sentence to be
served consecutively to sentences imposed in the State of Arkansas.
In this appeal of right, the defendant claims that the evidence was
insufficient to corroborate his confession; he also argues that the
trial court should have sustained the defendant's motion to dismiss
for the state's failure to try the case within one hundred-eighty days
from his request for trial.
URL:http://www.tba.org/tba_files/TCCA/garmonm_opn.WP6
STATE OF TENNESSEE
VS.
ROBERT L. HARDY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Gale K. Flanary John Knox Walkup
Assistant Public Defender Attorney General & Reporter
P.O. Box 839 500 Charlotte Avenue
Blountville, TN 37617-0839 Nashville, TN 37243-0497
OF COUNSEL: Timothy F. Behan
Assistant Attorney General
Stephen M. Wallace 450 James Robertson Parkway
District Public Defender Nashville, TN 37243-0493
P.O. Box 839
Blountville, TN 37617-0839 H. Greeley Wells, Jr.
District Attorney General
P.O. Box 526
Blountville, TN 37617-0526
Gregory A. Newman
Asst District Attorney General
P.O. Box 526
Blountville, TN 37617-0526
Judge:Jones
First Paragraph:
The sole issue presented for review is whether the State of Tennessee
was barred pursuant to Rule 8(a), Tennessee Rules of Criminal
Procedure, from prosecuting the appellant, Robert L. Hardy
(defendant), because the state failed to join the offenses in this
case with the offenses committed thirty days prior in time to the
present offenses. The trial court ruled the offenses in this case
were "not part of the same conduct or part of the same criminal
episode," and these offenses were not "known to the appropriate
prosecuting authority" at the time the prior indictment was returned
by the Sullivan County Grand Jury. After a thorough review of the
record, the briefs submitted by the parties, and the law governing the
issue 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/hardyrl_opn.WP6
ROGER LEE KIMMEL
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Roger Lee Kimmel, Pro Se Charles W. Burson
P. O. Box 1000 Attorney General and Reporter
Henning, TN 38041-1000
Kenneth W. Rucker
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
William David Bridgers
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
Judge:Hayes
First Paragraph:
The appellant, Roger Lee Kimmel, appeals the Shelby County Criminal
Court's dismissal of his pro se application for writ of habeas corpus.
In 1996, a Lake County Grand Jury returned a two count indictment
charging the appellant with the offenses of rape of a child and
aggravated sexual battery. On March 25, 1996, the appellant pled
guilty to the offense of aggravated sexual battery and was sentenced
to eight years in the Department of Correction. The appellant is
currently incarcerated at the Mark H. Luttrell Reception Center in
Memphis.
URL:http://www.tba.org/tba_files/TCCA/kimmelrl_opn.WP6
URL:http://www.tba.org/tba_files/TCCA/kimmelrl_con.WP6
STATE OF TENNESSEE
VS.
WILLIAM JAMES LOGAN
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Heiskell Winstead John Knox Walkup
205 Highway 66 South Attorney General of Tennessee
Rogersville, TN 37857 and
Peter M. Coughlan
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
C. Berkeley Bell, Jr.
District Attorney General
113J W. Church Street
Greeneville, TN 37743
and
Douglas Godbee
Asst District Attorney General
Hawkins County Courthouse
Rogersville, TN 37857
Judge:Tipton
First Paragraph:
The defendant, William James Logan, appeals as of right from his
convictions by a jury in the Criminal Court for Hawkins County for
possession of less than .5 grams of cocaine with the intent to sell
and tampering with evidence, both Class C felonies. As a Range I,
standard offender, the defendant received concurrent six-year
sentences. He contends that there is insufficient evidence to support
his convictions. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/loganwj_opn.WP6
PERRY McDONALD
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Perry McDonald, Pro Se John Knox Walkup
Northeast Correctional Attorney General and Reporter
Center, No. 240535
P. O. Box 5000 Timothy F. Behan
Mountain City, TN 37683-5000 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Judge:Hayes
First Paragraph:
The appellant, Perry McDonald, appeals the judgment of the trial court
summarily dismissing his petition for post-conviction relief. His
petition alleges that he is currently serving an effective sentence of
seventy-six years imprisonment following his convictions for
especially aggravated kidnapping, aggravated rape, aggravated robbery,
two counts of aggravated burglary, and theft. Judgments of conviction
were entered on October 10, 1994, following the appellant's guilty
pleas to these offenses. In his pro se petition, he alleges as
grounds for relief: (1) involuntary guilty pleas; (2) ineffective
assistance of counsel; and (3) defective indictment. The trial court
found the appellant's claims barred by the statute of limitations.
The appellant appeals from this ruling.
URL:http://www.tba.org/tba_files/TCCA/mcdonalp_opn.WP6
EARL THOMAS MITCHELL, JR.
VS.
HOWARD CARLTON, Warden,
and STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Earl Thomas Mitchell, Jr., Pro Se John Knox Walkup
T.D.OC. #106783 Atty General and Reporter
N.E.C.C.
Post Office Box 5000 Peter M. Coughlan
Mountain City, TN 37683-5000 Asst Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Judge:Hayes
First Paragraph:
The appellant, Earl Thomas Mitchell, Jr., appeals the denial of his
petition for the writ of habeas corpus. Upon review, we affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/mitchele_opn.WP6
STATE OF TENNESSEE
VS.
JOHN PARKER ROE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Wayne Emmons John Knox Walkup
2502 Mt. Moriah Rd., A100 Attorney General & Reporter
Memphis, TN 38115
Edward Witt Chandler Deborah A. Tullis
Chandler Law Firm Assistant Attorney General
2502 Mt. Moriah Rd., A100 Cordell Hull Bldg., 2d Floor
Memphis, TN 38115 425 Fifth Avenue North
Nashville, TN 37243
William L. Gibbons
District Attorney General
Thomas D. Henderson
Karen Cook
Asst District Attorneys General
Criminal Justice Complex, Ste 301
201 Poplar Avenue
Memphis, TN 38103
Judge:SUMMERS
First Paragraph:
The appellant, John Parker Roe, was convicted by a jury of first
degree murder for killing his wife, Lisa Michelle Trainor Roe. Judge
Jon Kerry Blackwood sentenced the appellant to life in prison.
URL:http://www.tba.org/tba_files/TCCA/roejohnp_opn.WP6
STATE OF TENNESSEE
VS.
JOHN W. THOMAS
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Walker Gwinn John Knox Walkup
Assistant Public Defender Attorney General and Reporter
201 Poplar Avenue, Suite 2-01
Memphis, TN 38103 Kenneth W. Rucker
(on appeal) Assistant Attorney General
Criminal Justice Division
J.T. Harris 450 James Robertson Parkway
Assistant Public Defender Nashville, TN 37243-0493
201 Poplar Avenue, Suite 2-01
Memphis, TN 38103 Terrell L. Harris
(at sentencing hearing) Asst District Attorney General
Criminal Justice Complex
Of Counsel: 201 Poplar Ave, Third Floor
Memphis, TN 38103
A.C. Wharton, Jr.
Shelby County Public Defender
Judge:WADE
First Paragraph:
The defendant, John W. Thomas, pled guilty to two separate violations
of the order declaring him a motor vehicle habitual offender. The
trial court imposed concurrent, Range III sentences of five years for
each of the two Class E felonies; the workhouse sentence is to be
served in the Shelby County Corrections Center.
URL:http://www.tba.org/tba_files/TCCA/thomasjw_opn.WP6
CAVIOUS M. WATKINS
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Garland Erguden John Knox Walkup
Attorney Attorney General and Reporter
242 Poplar Avenue
Memphis, TN 38103 Clinton J. Morgan
Counsel for the State
450 James Robertson Parkway
Nashville, TN 37243-0493
Janet Shipman
Asst District Attorney General
201 Poplar Avenue, Third Floor
Memphis, TN 38103
Judge:WADE
First Paragraph:
The defendant, Cavious M. Watkins, appeals the trial court's denial of
his petition for post-conviction relief. In this appeal of right, the
defendant contends that his pleas were neither knowingly nor
voluntarily made due to the ineffective assistance of counsel. We
find no error and affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/watkinsc_opn.WP6
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