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TBALink Opinion-Flash
January 29, 1998 -- Volume #4 -- Number #018
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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- 16-New Opinons From TCCA
- 00-New Opinons From TSC
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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
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