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
- 13-New Opinons From TCA
- 16-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
DEELICHO BESH VS. TED COPPICK and LES HARRISON Court:TCA Attorneys: For Plaintiff/Appellant: For Defendants/Appellees: Deelicho Besh John Knox Walkup Pro Se Attorney General and Reporter Lisa T. Kirkham Assistant Attorney General Judge:KOCH First Paragraph: This appeal involves contraband seized from a state prisoner. After prison officials confiscated his unauthorized walkman-style radio, the prisoner filed suit against two correctional officers in the Chancery Court for Davidson County alleging that they had converted his personal property. The trial court granted the officers motion for summary judgment, and the prisoner has appealed. We affirm the trial court in accordance with Tenn. Ct. App. R. 10. URL:http://www.tba.org/tba_files/TCA/beshd_opn.WP6 BILLY SALEEM EL-AMIN VS. DONAL CAMPBELL, COMMISSIONER TENNESSEE DEPARTMENT OF CORRECTION, et al. Court:TCA Attorneys: BILLY SALEEM El-AMIN, #58400 Nashville Community Service Center 7466 Centennial Boulevard Nashville, Tennesseee 37209-1052 Pro Se/Petitioner/Appellant JOHN KNOX WALKUP Attorney General & Reporter JOHN R. MILES Assistant Attorney General Cordell Hull Building, Second Floor 425 5th Avenue North Nashville, Tennessee 37243-0488 Judge:CANTRELL First Paragraph: A prison inmate convicted of two felonies alleged that the Department of Correction illegally increased the total length of his sentence by treating a concurrent sentence for the second offense as consecutive to the first one. The trial court granted the Department's Motion for Summary Judgment, holding that the only proper legal interpretation of the record was that the second sentence was to be served consecutively to the first. We affirm. URL:http://www.tba.org/tba_files/TCA/elaminb_opn.WP6 JERRY ALLEN ESTIS, et. al. VS. WILLIAM CAROLL KELLEY, et. al. Court:TCA Judge:TODD First Paragraph: The appellent, William Carroll Kelley, has filed a respectful petition to rehear which has been duly considered and is hereby respectfully denied. URL:http://www.tba.org/tba_files/TCA/estisja2_ord.WP6 CHARLES JACKSON VS. CORRECTIONS CORPORATION OF AMERICA, et al. Court:TCA Judge:TODD First Paragraph: For good cause shown, the opinion filed by this Court on March 12, 1997, and the judgment entered the same date are corrected and modified. URL:http://www.tba.org/tba_files/TCA/jacksonc_cor.WP6 MIKE LUZADDER and WENDY LUZADDER VS. JERRY FOWLER Court:TCA Attorneys: AUBREY L. HARPER 114 North College Street Post Office Box 588 McMinnville, Tennessee 37111-0588 Attorney for Plaintiffs/Appellees PAUL D. CROSS 100 Highway 64 West Post Office Box 99 Monteagle, Tennessee 37356 Attorney for Defendant/Appellant Judge:CANTRELL First Paragraph: The Chancery Court of Grundy County specifically enforced an oral promise to sell a house and lot, by holding that the seller was estopped to raise the statute of frauds as a defense. We affirm. URL:http://www.tba.org/tba_files/TCA/luzaddm_opn.WP6 CALVIN E. MITCHELL VS. WAYNE ARCHIBALD and METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY Court:TCA Attorneys: For Plaintiff/Appellant: For Defendant/Appellee: Mark M. Mizell James L. Murphy, III LLOYD T. KELSO & ASSOCIATES Director of Law Nashville, Tennessee Lizabeth D. Foster Metropolitan Attorney Judge:KOCH First Paragraph: This appeal involves the admissibility of an audio recording of the statement of an eyewitness to an accident involving a bicyclist and a city-owned dump truck. The bicyclist filed suit against the city and the driver of the truck in the Circuit Court for Davidson County. When the only disinterested eyewitness to the accident disclosed during the trial that intervening brain surgery had impaired his memory, the trial court permitted the defendants to introduce an audio recording of a statement given by the witness less than one week after the incident. The trial court, after comparing the fault of the respective parties, entered a judgment for the defendants. On this appeal, the bicyclist challenges the admissibility of the tape recorded statement and the evidentiary foundation of the trial court's decision. We have determined that the trial court's decision to admit the audio recording of the eyewitness's statement was not reversible error and that we have no basis for disregarding the trial court's determination of the weight of the evidence. URL:http://www.tba.org/tba_files/TCA/mitchelc_opn.WP6 MELVIN SAWYER vs. JIM GRISHAM, DAWN CHASE, CHARLES TRAUGHBER, ROSE HILL, TENNESSEE BOARD OF PAROLES, TENNESSEE DEPARTMENT OF CORRECTION Court:TCA Attorneys: For Plaintiff/Appellant: For Defendants/Appellees: Melvin Sawyer, Pro Se John Knox Walkup Attorney General and Reporter Patricia C. Kussmann Assistant Attorney General Judge:KOCH First Paragraph: This appeal involves a state prisoner's pro se challenge to the decision of the Tennessee Board of Paroles to deny him parole. The petitioner filed a petition for writ of certiorari in the Chancery Court for Davidson County after filing unsuccessful suits in the United States District Court and the Circuit Court for Hickman County. The chancery court dismissed the petition because it had not been timely filed in accordance with Tenn. Code Ann. S 27-9-102 (1980). We affirm. URL:http://www.tba.org/tba_files/TCA/sawyerm_opn.WP6 SOMEDAY BABY, INC. vs. ENTERTAINMENT INTERNATIONAL Court:TCA Attorneys: Stanley M. Chernau, #2390 Linda Burnsed, #13734 CHERNAU, CHAFFIN & BURNSED 424 Church Street, Suite 1750 Nashville, TN 37219 ATTORNEYS FOR PLAINTIFF/APPELLEE William J. Shreffler, #17224 W. Gary Blackburn BLACKBURN, SLOBEY, FREEMAN & HAPPELL 2050 NationsBank Plaza 414 Union Street Nashville, TN 37219 ATTORNEYS FOR DEFENDANT/APPELLEE Judge:TODD First Paragraph: The captioned defendant, Entertainment International, Inc. has appealed from an unsatisfactory judgment of the Trial Court. A detailed recitation of the background of the controversy and proceedings therein is necessary for an understanding of the issues on appeal. URL:http://www.tba.org/tba_files/TCA/somedyba_opn.WP6 URL:http://www.tba.org/tba_files/TCA/somedyba_con.WP6 STANDARD FIRE INSURANCE COMPANY vs. CHESTER-O'DONLEY & ASSOCIATES, INC., OHIO CASUALTY INSURANCE COMPANY, CLARK & ASSOCIATES ARCHITECTS, INC., and HIGHLAND RIM CONSTRUCTORS, INC. Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendants/Appellees Chester-O'Donley & Associates, Inc.: Arthur E. McClellan McClellan, Powers, Ehmling & Dix John B. Link, III Nashville, Tennessee Nashville, Tennessee Ohio Casualty Insurance Company: Lewis B. Hollabaugh Lawrence B. Hammet, II Manier, Herod, Hollabaugh & Smith Nashville, Tennessee Clark & Associates Architects, Inc.: Andree Sophia Blumstein Sherrard & Roe Nashville, Tennessee Highland Rim Constructors, Inc.: C. George Caudle Baker, Donelson, Bearman & Caldwell Chattanooga, Tennessee Judge:KOCH First Paragraph: This appeal involves the scope of coverage of a mechanical subcontractor's commercial general liability insurance policy. The general contractor, the project architect, and the subcontractor's bonding company asserted various damage claims against the subcontractor in litigation stemming from the total failure of the subcontractor's work. When the subcontractor called upon the issuer of its commercial general liability policy to defend against these claims, the insurer denied coverage and filed suit in the Circuit Court for Davidson County seeking a declaratory judgment concerning the scope of its policy's coverage and its obligation to defend the subcontractor. In response to the parties' motions for summary judgment, the trial court held that the policy covered the claims asserted by the general contractor, the project architect, and the subcontractor's bonding company. The insurer asserts on this appeal that its policy did not cover these claims. We vacate the trial court's order because the policy covers only one claim asserted by the general contractor and the subcontractor's bonding company. URL:http://www.tba.org/tba_files/TCA/standarf_opn.WP6 SHELLEY SUE STEVENSON vs. MICHAEL KINGSTON STEVENSON Court:TCA Attorneys: Louise R. Fontecchio Nashville, Tennessee Attorney for Appellant Mike W. Binkley Nashville, Tennessee Attorney for Appellee Judge:FARMER First Paragraph: Shelley Sue Stevenson (Wife) and Michael Kingston Stevenson (Husband) were divorced by final decree entered on November 18, 1994. Wife was awarded custody of the parties' two minor children, alimony in futuro and child support. Husband was also ordered to pay the uncovered medical expenses of the Wife. Husband appealed to this court and we remanded the case to further develop the basis of the trial court's award of child support with regard to the child support guidelines. During the pendency of the appeal, the trial court found Husband in civil contempt for failure to pay alimony. Husband subsequently filed a petition to change custody and a motion to modify alimony and Wife filed a second petition for contempt against Husband. The trial court denied Husband's petitions to change custody and to reduce alimony, but did find Husband in civil contempt a second time for continued nonpayment of alimony. Pursuant to remand from this Court, the trial court determined Husband's earning capacity at $62,000 annually and established his obligation for child support at $800 per month and his obligation of alimony in futuro at $700 a month. On appeal, Husband challenges each of the findings of the trial court, including the finding of contempt and the award of medical expenses. Wife requests her attorney fees on appeal. We reverse the trial court on the issue of contempt, but affirm its decision on all other issues and remand for determination of Wife's attorney fees. URL:http://www.tba.org/tba_files/TCA/stevenso_opn.WP6 JAMES A. TURNER vs. LINDA M. TURNER Court:TCA Attorneys: DOT DOBBINS, Nashville, Attorney for Plaintiff. PHILIP W. DUER, Nashville, Attorney for Defendant. Judge:FARMER First Paragraph: James A. Turner ("husband") filed suit for divorce against Linda M. Turner ("wife") in the Circuit Court of Davidson County. Wife filed an answer and a counterclaim. Following a hearing, the trial court declared both parties divorced pursuant to T.C.A. S 36-4-129. In addition to making a division of property the court awarded wife alimony in futuro in the amount of $350 per month until the marital home was sold and $650 per month thereafter. The sole issue on appeal is whether or not the trial court erred in awarding wife alimony in futuro rather than rehabilitative alimony. For the reasons hereinafter stated, we are of the opinion that the alimony awarded should have been rehabilitative in nature, and hereby modify and affirm. URL:http://www.tba.org/tba_files/TCA/turnjam_opn.WP6 DAWN LOUISE WADDELL WILLIAMS RICHARD DANCE and FRED C. DANCE vs. THOMAS WICKLIFF COMER Court:TCA Judge:LILLARD First Paragraph: Upon consideration of the petition for rehearing of the Appellants, Richard Dance and Fred C. Dance, the petition is denied. URL:http://www.tba.org/tba_files/TCA/williaco_ord.WP6 STATE OF TENNESSEE vs. DANIEL S. BARNES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Paula Blair John Knox Walkup Attorney at Law Attorney General & Reporter 176 Second Avenue, N. Nashville, TN 37201 Sarah M. Branch Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493 Victor S. Johnson III District Attorney General Nicholas Bailey Asst District Atty General Washington Square Building 222 Second Avenue, North Nashville, TN 37201 Judge:SUMMERS First Paragraph: The appellant, Daniel S. Barnes, was convicted in a bench trial in Davidson County of burglary and attempted theft of property valued under $500. He was sentenced to four years for burglary and six months for attempted theft and placed on probation, which was later revoked. The appellant's sole issue on appeal is whether the evidence was sufficient to support his convictions for burglary and attempted theft. We affirm. URL:http://www.tba.org/tba_files/TCCA/barnesds_opn.WP6 DARRELL RAY BEENE vs. STATE OF TENNESSEE Court:TCCA Judge:SMITH First Paragraph: This matter is before the Court upon the petitioner's motion requesting that counsel be appointed to represent him in the above-styled appeal. The petitioner is appealing from the dismissal of his post-conviction petition. In his petition for post conviction relief, the petitioner challenged the legal sufficiency of his 1993 indictment and claimed that he received ineffective assistance of counsel. Having reviewed the petitioner's motion and the record, we find that the petitioner's motion is not well taken. Accordingly, we affirm the judgment of the trial court pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. URL:http://www.tba.org/tba_files/TCCA/beenedr_ord.WP6 MONROE BROWN vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DAVID I. KOMISAR JOHN KNOX WALKUP 211 Printer's Alley Bldg. Attorney General and Reporter Ste. 400 Nashville, TN 37201-1414 LISA A. NAYLOR Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 VICTOR S. JOHNSON District Attorney General PAM ANDERSON Assistant District Attorney 222 Second Avenue, North Suite 500 Nashville, TN 37243 Judge:SMITH First Paragraph: A Davidson County Criminal Court jury found Appellant Monroe Brown guilty of one count of second degree murder. As a Range II persistent offender, he received a life sentence in the Tennessee Department of Corrections. In this appeal, Appellant presents the following issue for review: whether the trial court erred in dismissing Appellant's petition for post-conviction relief. URL:http://www.tba.org/tba_files/TCCA/brownmon_ord.WP6 STATE OF TENNESSEE vs. TOMMY GENE CLINTON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: H. MARSHALL JUDD JOHN KNOX WALKUP Assistant Public Defender Attorney General and Reporter 215 Reagan Street Cookeville, TN 38501 DARYL J. BRAND Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 BILL GIBSON District Attorney General JOHN NISBETT Asst District Atty General 145 South Jefferson Avenue Cookeville, TN 38501 Judge:WELLES First Paragraph: This is an appeal as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant was convicted on a jury verdict of the offense of assault. The jury imposed a fine of two-thousand five hundred dollars ($2500). The trial judge sentenced the Defendant to eleven months and twenty-nine days in the county jail, with seventy-five percent (75%) to be served. The Defendant appeals his conviction and his sentence. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/clintotg_opn.WP6 STATE OF TENNESSEE vs. JERRY DALE DUFFEY Court:TCCA Attorneys: For the Appellant For the Appellee William C. Bright John Knox Walkup Assistant Public Defender Attorney General & Reporter 22nd Judicial District 209 W. Madison Street Karen M. Yacuzzo Pulaski, TN. 38478 Assistant Attorney General 2nd Floor Cordell Hull Bldg 425 Fifth Avenue North Nashville, TN. 37243-0943 T. Michael Bottoms District Attorney General P.O. Box 459 Lawrenceburg, TN. 38464 Robert C. Sanders Asst District Atty General 10 Public Square P.O. Box 1619 Columbia, TN. 38402 Judge:BARKER First Paragraph: By -Ba()()pellant, Jer*c*ale Duffey, appeals as of right the Maury County Circuit Court's dismissal of his petition for post-conviction relief. On May 10, 1994, appellant entered a plea of nolo contendere on the charges of theft over five hundred ($500) dollars and deceptive business practices. The trial court sentenced the appellant to two (2) years on the theft conviction and to six (6) months on the conviction of deceptive business practices. The sentences were ordered to run concurrently to each other and to sentences that the appellant was already serving for convictions in Marshall County. No direct appeal was taken from the Maury County convictions at issue in this proceeding. URL:http://www.tba.org/tba_files/TCCA/duffyjdd_opn.WP6 STATE OF TENNESSEE vs. JERRY RONALD HARRIS Court:TCCA Attorneys: FOR THE APPELLEE: FOR THE APPELLANT: BRYAN E. DELIUS JOHN KNOX WALKUP 124 Court Avenue, Ste 201 Attorney General & Reporter Sevierville, TN 37862 PETER M. COUGHLAN Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 ALFRED C. SCHMUTZER, JR. District Attorney General CHARLES ATCHLEY, JR. Asst District Attorney General Sevier County Courthouse Sevierville, TN 37862 Judge:WOODALL First Paragraph: In this case the State appeals as of right from the sentence imposed by the Circuit Court of Sevier County. The Defendant, Jerry Ronald Harris, pled guilty to conspiracy to sell LSD, a Class C felony, and to sale of LSD, a Class B felony. The trial court ordered the Defendant to serve six (6) years on the conspiracy charge and eight (8) years for the sale of LSD. The sentences were to be served concurrently in the Community Corrections program with the first six (6) months of the sentence being incarceration in the Sevier County jail. The State challenges the length of the sentence for the sale of LSD and manner of service of both of the Defendant's sentences. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/harrisjr_opn.WP6 STATE OF TENNESSEE vs. JAMES DARRELL HORNE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RUSSELL MATTOCKS JOHN KNOX WALKUP 1609 College Park Dr., Box 11 Attorney General and Reporter Morristown, TN 37813-1618 CLINTON J. MORGAN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 C. BERKELEY BELL District Attorney General DOUG GODBEE Asst District Attorney General Main Street, Courthouse Rogersville, TN 37857 Judge:CRAFT First Paragraph: Appellant, James Darrel Horne, was charged in an eight count presentment with four aggravated burglaries and four resultant thefts. After a hearing on Defendant's Motion to Suppress, which was denied by the trial judge, appellant entered a guilty plea to each count, all sentences to be served concurrently, for an effective sentence of three years in the Department of Correction, reserving as certified questions of law two findings by the trial judge during the motion to suppress. URL:http://www.tba.org/tba_files/TCCA/horne_opn.WP6 RAYMOND O. JACKSON vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LIONEL R. BARRETT, JR. JOHN KNOX WALKUP Washington Square-Two Ste 417 Attorney General and Reporter 222 Second Avenue, North Nashville, TN 37201 DARYL J. BRAND Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 VICTOR S. JOHNSON District Attorney General ROGER D. MOORE Asst District Atty General Washington Square - Suite 500 222 Second Avenue, North Nashville, TN 37201-1649 Judge:WELLES First Paragraph: The Petitioner, Raymond O. Jackson, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure from the trial court's denial of his petition for post-conviction relief. It appears that on March 6, 1980, the Petitioner was convicted of assault with intent to commit murder, armed robbery, and kidnapping. He was sentenced to five to twenty-one years for the assault, fifteen years for the robbery, and fifty years for the kidnapping. The sentences were ordered to run consecutively. He filed a pro se petition for post-conviction relief, apparently his third, on June 30, 1989. Counsel was appointed on February 6, 1990. The trial court initially dismissed the petition on February 13, 1990, but later withdrew the order of dismissal to allow the Petitioner to present further evidence. On March 12, 1996, the trial court entered an order denying the petition. It is from this order that the Petitioner now appeals. For the reasons set forth below, we reverse the dismissal of the petition and remand this case to the trial court for further proceedings consistent with this opinion. URL:http://www.tba.org/tba_files/TCCA/jacksonr_opn.WP6 RANDY BLAINE KNIGHT vs. HOWARD CARLTON, WARDEN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RANDY KNIGHT, pro se JOHN KNOX WALKUP N.E.C.C. #101642 Attorney General & Reporter P.O. Box 5000 Mountain City, TN 37683 TIMOTHY F. BEHAN Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 DAVID CROCKETT District Attorney General Route 19, Box 99 Johnson City, TN 37601 Judge:WOODALL First Paragraph: The Appellant, Randy Blaine Knight, appeals as of right from the trial court's dismissal of his Petition for Habeas Corpus Relief. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/knightrb_opn.WP6 DENNIS WAYNE MANGRUM vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JAMES G. KING JOHN KNOX WALKUP 222 Second Avenue North Attorney General and Reporter Suite 416 Nashville, TN 37201 JANIS L. TURNER Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 VICTOR S. JOHNSON District Attorney General CHERYL BLACKBURN Assistant District Attorney 222 Second Avenue South Nashville, TN 37201 Judge:SMITH First Paragraph: On November 22, 1994, Appellant Dennis Wayne Mangrum pled guilty to three counts of selling a controlled substance, one count of possession with intent to resell, one count of simple possession of a controlled substance, and one count of possession of drug paraphernalia. Pursuant to a plea agreement, Appellant received three ten-year sentences as well as three fines of $2,000 each for the three counts relating to selling a controlled substance. On the possession and possession with intent counts he received sentences of 11 months and 29 days and fines totaling $2,250.00. It was agreed that the sentences would run concurrently, for an effective sentence of ten years. At the time of the plea agreement, Appellant was representend by an attorney from the Metro Davidson County Public Defender's Office. URL:http://www.tba.org/tba_files/TCCA/mangrumd_opn.WP6 STATE OF TENNESSEE vs. TINA MARIE OVERSTREET Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Jay Norman John Knox Walkup Attorney at Law Attorney General & Reporter 213 Third Avenue, North 500 Charlotte Avenue Nashville, TN 37201 Nashville, TN 37243-0497 Georgia B. Felner Counsel for the State Cordell Hull Building, Second Floor 425 Fifth Avenue, North Nashville, TN 37243-0493 Victor S. Johnson District Attorney General Washington Square, Suite 500 222 Second Avenue, North Nashville, TN 37201 John Zimmermann Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue, North Nashville, TN 37201 Pam Anderson Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue, North Nashville, TN 37201 Judge:Jones First Paragraph: The appellant, Tina Marie Overstreet (defendant), was convicted of two counts of delivery of marijuana, Class E felonies, following her pleas of guilty to these offenses. The trial court, finding the defendant was a standard offender, imposed a Range I sentence consisting of a $2,000 fine and confinement for one (1) year in the Davidson County Workhouse for each count pursuant to a plea agreement. It was further agreed the sentences were to be served concurrently. The trial court ordered the defendant to serve from November 22, 1996 to December 23, 1996 in the Metro County Jail. The balance of the sentence is to be served on probation. In this court, the defendant contends the "sentence of confinement imposed is excessive." 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/ovrstrtt_opn.WP6 STATE OF TENNESSEE vs. BILL SANDELL Court:TCCA Attorneys: For the Appellant: For the Appellee: Philip A. Condra Charles W. Burson District Public Defender Attorney General & Reporter B. Jeffrey Harmon Elizabeth T. Ryan Assistant Public Defender Assistant Attorney General P.O. Box 220 450 James Robertson Parkway 204 Betsy Pack Dr. Nashville, TN 37243-0493 Jasper, TN 37347 James Michael Taylor District Attorney General Will Dunn Assistant District Attorney General 265 Third Ave., Ste. 300 Dayton, TN 37321 Judge:BYERS First Paragraph: The defendant was indicted for rape of a child and convicted of the lesser included offense of aggravated sexual battery. He was sentenced to ten years in prison and was fined $25,000.00, which the trial judge reduced to $10,000.00 because of the defendant's indigency. URL:http://www.tba.org/tba_files/TCCA/sandell_cca.WP6 STATE OF TENNESSEE vs. ADAM SHORT Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: M. KEITH DAVIS JOHN KNOX WALKUP Attorney At Law Attorney General & Reporter P.O. Box 666 Dunlap, TN 37327 TIMOTHY F. BEHAN Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 J. MICHAEL TAYLOR District Attorney General JAMES W. POPE, III Asst. District Attorney General 265 Third Ave., Ste. 300 Dayton, TN 37321 Judge:WITT First Paragraph: The defendant, Adam Short, pleaded guilty in the Bledsoe County Circuit Court to one count of sale of a Schedule II controlled substance, a class C felony. See Tenn. Code Ann. S 39-17-417 (1997). As part of his plea agreement, other counts of the presentment against him were dismissed. The court sentenced him to 3 years and 6 months, the first 30 days to be served in the county jail and the remaining 3 years and 5 months to be served on probation conditioned upon participation in Community Corrections. The defendant has appealed the sentencing determination, claiming the trial court erred in imposing split confinement, rather than allowing him to serve his entire sentence on probation, or alternatively, in Community Corrections. Having reviewed the record and the arguments of the parties, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/shorta_opn.WP6 STATE OF TENNESSEE vs. JAMES DAVID SHROPSHIRE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN KNOX WALKUP KENNETH F. IRVINE, JR. Attorney General and Reporter 550 Main Avenue Chattanooga, TN 37402 NationsBank Center Suite 775 MICHAEL J. FAHEY, II Knoxville, TN 37901 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 RANDALL E. NICHOLS District Attorney General WILLIAM H. CRABTREE CHARME JOHNSON Assistant District Attorney General City-County Building Knoxville, TN 37902 Judge:CRAFT First Paragraph: The State of Tennessee appeals from the decision of the trial judge dismissing convictions for assault and aggravated sexual battery due to insufficiency of the presentment. We reverse, reinstate the convictions and remand for further proceedings. URL:http://www.tba.org/tba_files/TCCA/shropshi_opn.WP6 RICKY SUMMERS vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARIAN C. FORDYCE JOHN KNOX WALKUP 129 Second Avenue North Attorney General and Reporter Nashville, TN 37201 LISA A. NAYLOR Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 VICTOR S. JOHNSON District Attorney General JON SEABORG Assistant Attorney General 222 Second Avenue North Nashville, TN 37201-1649 Judge:SMITH First Paragraph: On August 4, 1994, a Davidson County jury convicted Appellant, Ricky Summers, of one count of possession of a schedule II drug for resale. He was sentenced to fifteen years in the Tennessee Department of Correction. On September 7, 1995, Appellant filed a petition for habeas corpus relief; the State failed to file a reply. On February 2, 1996, the Honorable Seth Norman heard appellant's petition. Appellant appeals from the trial court's denial of his petition. URL:http://www.tba.org/tba_files/TCCA/summersr_opn.WP6 STATE OF TENNESSEE vs. ALTON WALLER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: John H. Henderson John Knox Walkup District Public Defender Attorney General & Reporter 407 C Main Street P.O. Box 68 Janis L. Turner Franklin, TN 37065-0068 Counsel for the State Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Joseph D. Baugh District Attorney General Jeff P. Burks Assistant District Attorney General P.O. Box 937 Franklin, TN 37065-0937 Judge:SUMMERS First Paragraph: A Williamson County jury found the appellant, Alton Waller, guilty of the rape of a child. On appeal, the appellant contends that the evidence of the culpable mental state for the offense is insufficient to support the jury's verdict. After reviewing the evidence, we affirm the jury's verdict. URL:http://www.tba.org/tba_files/TCCA/walleral_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