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RICKYE D. ANDERSON vs. L. LOIS ANDERSON Court:TCA Attorneys: JAY B. JACKSON Murfreesboro, Tennessee Attorney for Appellant THOMAS D. FROST Murfreesboro, Tennessee Attorney for Appellee Judge:HIGHERS First Paragraph: Rickye D. Anderson (the Father) appeals the trial court's order denying his petition to reduce his child support payments to his ex-wife, L. Lois Anderson (the Mother), and ordering him to pay a portion of the Mother's attorney's fees. We affirm. URL:http://www.tba.org/tba_files/TCA/andersnr_opn.WP6 MANUEL BRANCH, JR. vs. RODNEY McCROSKEY and GOVERNOR JOHN SEVIER MEMORIAL ASSOCIATION Court:TCA Attorneys: ROBERT L. OGLE, JR., Ogle & Wallace, P.C., Sevierville, for Appellant. BRIAN H. TRAMMEL, Kennerly, Montgomery & Finley, P.C., Knoxville, for Appellees. Judge:McMurray First Paragraph: In this action, the appellant (plaintiff) sought a recovery for damages sustained to his pickup truck, lost earnings and related expenses caused by a collision between his vehicle and a horse belonging to the defendant, Rodney McCroskey. The accident occurred in the plaintiff's lane of travel on a public road, generally referred to as the Governor John Sevier Highway. The defendant, Rodney McCroskey, filed a cross-claim against the defendant, Governor John Sevier Memorial Association. He, however, was permitted to take a voluntary non-suit. The case was tried before a jury and resulted in a verdict for the appellees (defendants) in the original action. Judgment for the defendants was duly entered on the verdict. The plaintiff filed a motion for a judgment notwithstanding the verdict (JNOV) or in the alternative for a new trial. The motion was overruled and this appeal resulted. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/branchm_opn.WP6 JOEY BROWN, as next friend and natural guardian of MITCHELL W. BROWN vs. WAL-MART DISCOUNT CITIES Court:TCA Attorneys: W. CHARLES DOERFLINGER P. O. Box 692 8 Public Square Lawrenceburg, TN 38464 Attorney for Plaintiff/Appellee TRACY SHAW CAROLYN E. UNDERWOOD 300 James Robertson Parkway Court Square Building Nashville, TN 37201-1107 Attorney for Defendant/Appellant Judge:CANTRELL First Paragraph: In this slip and fall case in which a child slipped on some ice cubes in the vestibule of a large department store, the jury returned a verdict for the plaintiff but attributed 70 % of the fault to the unknown person who placed or dropped the ice on the floor. Ruling on a post-trial motion, the trial judge held that the store's fault was 100% because the plaintiff could not sue the unknown tortfeasor. On appeal, the defendant asserts that there is no evidence to support the verdict and that the trial judge erred in modifying the jury's verdict with respect to the degree of fault. We find that there is evidence from which the jury could have found that the store was negligent and that the store cannot attribute part of the fault to the unknown tortfeasor. We, therefore, affirm the lower court's judgment. URL:http://www.tba.org/tba_files/TCA/brownjoe_opn.WP6 CITIZENS FOR COLLIERVILLE, INC., A Tennessee Corporation vs. TOWN OF COLLIERVILLE, TN, a municipal corp., HERMAN W. COX, JR., in his capacity as Mayor and Member of the Board of Mayor and Aldermen of the Town of Collierville, Tennessee, H. THOMAS BROOKS, SIDNEY E. TURNIPSEED and JIMMY A. LOTT, in their capacities as Members of the Board of Aldermen of the Town of Collierville, Tennessee and BAPTIST MEMORIAL HOSPITAL Court:TCA Attorneys: DAVID M. WALDROP McNABB, HOLLEY & WALDROP, PLLC Memphis, Tennessee Attorney for Appellant M. ANDERSON COBB, JR. MICHAEL F. RAFFERTY HARRIS, SHELTON, DUNLAP & COBB, L.L.P.C. Memphis, Tennessee Attorneys for Appellee Baptist Memorial Hospital HOMER B. BRANAN, III BRIAN L. KUHN FARRIS, MATTHEWS, GILMAN, BRANAN & HELLEN, P.L.C. Memphis, Tennessee Attorneys for Defendants-Appellees Town of Collierville, Herman W. Cox, Jr., H. Thomas Brooks, Sidney E. Turnipseed and Jimmy A. Lott Judge:HIGHERS First Paragraph: Plaintiff/Appellant, Citizens for Collierville ("CFC") appeals from the order of the Chancery Court of Shelby County, Tennessee, which declared valid the decision of the Board of Mayor and Aldermen of the Town of Collierville approving of Resolution 96-35 with respect to the application of Baptist Memorial Hospital ("BMH") for a planned development pursuant to the Town of Collierville's zoning ordinance. For reasons stated hereinafter, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/citizens_opn.WP6 STATE OF TENNESSEE, DEPARTMENT OF HUMAN SERVICES vs. SYLVIA FETTEROLF FORD and STANLEY FETTEROLF Respondent/Appellant, In the Matter of: Stanley James Fetterolf, DOB 07/17/81 Teresa Diane Fetterolf, DOB 07/26/82 David Michael Fetterolf, DOB 09/20/84 Daniel Wayne Fetterolf, DOB 11/06/85 John Mark Wayne Fetterolf, DOB 05/28/88 Samuel Swayne Fetterolf, DOB 04/05/90 Daniela Jordan Fetterolf, DOB 04/15/92 Court:TCA Judge:CANTRELL First Paragraph: The State of Tennessee filed a petition to rehear in the above styled case on November 24, 1997. The State contends this court should rehear the case pursuant to Rule 39 of the Tennessee Rules of Appellate Procedure. Specifically, it contends our decision 1) conflicts with existing case law, 2) conflicts with a principle of law, and 3) overlooks a material fact upon which the parties were not heard. It is the opinion of this court that the motion is not well taken and, therefore, should be denied. URL:http://www.tba.org/tba_files/TCA/custmblt_opn.WP6 STATE OF TENNESSEE, DEPARTMENT OF HUMAN SERVICES vs. SYLVIA FETTEROLF FORD and STANLEY FETTEROLF Respondent/Appellant, In the Matter of: Stanley James Fetterolf, DOB 07/17/81 Teresa Diane Fetterolf, DOB 07/26/82 David Michael Fetterolf, DOB 09/20/84 Daniel Wayne Fetterolf, DOB 11/06/85 John Mark Wayne Fetterolf, DOB 05/28/88 Samuel Swayne Fetterolf, DOB 04/05/90 Daniela Jordan Fetterolf, DOB 04/15/92 Court:TCA Judge:CANTRELL First Paragraph: The State of Tennessee filed a petition to rehear in the above styled case on November 24, 1997. The State contends this court should rehear the case pursuant to Rule 39 of the Tennessee Rules of Appellate Procedure. Specifically, it contends our decision 1) conflicts with existing case law, 2) conflicts with a principle of law, and 3) overlooks a material fact upon which the parties were not heard. It is the opinion of this court that the motion is not well taken and, therefore, should be denied. URL:http://www.tba.org/tba_files/TCA/fetterol_ord.WP6 GINA FRANKLIN, et al vs. ALLIED SIGNAL, INC. Court:TCA Attorneys: THOMAS K. McALEXANDER HILL BOREN, P.C. Jackson, Tennessee Attorney for Appellant JEFFREY L. LAY FARMER, JONES, HAMILTON & LAY Dyersburg, Tennessee Attorney for Appellee Judge:HIGHERS First Paragraph: This appeal involves a suit filed by plaintiffs, Gina ("Mrs. Franklin") and Barnee Franklin ("the Franklins"), against defendant, Allied Signal, Inc. ("Allied"), for personal injuries sustained when Mrs. Franklin tripped and fell on Allied's premises on a metal loading ramp which protruded above the dock floor by one to two inches. The trial court granted Allied's motion for summary judgment. The Franklins appeal and pose the following issues for our consideration: (1) whether the trial court committed error in granting the defendant's motion for summary judgment; and (2) whether the "open and obvious rule" bars plaintiff's recovery or is only a factor to be considered in assessing comparative negligence. For reasons stated hereafter, we reverse the judgment of the trial court and remand. URL:http://www.tba.org/tba_files/TCA/franklng_opn.WP6 HOMEBOUND MEDICAL CARE OF SOUTHEAST TENNESSEE, INC. vs. HOSPITAL STAFFING SERVICES OF TENNESSEE, INC., EDWARD WARREN, JEANINE WARREN, NANCY HYDE, ALL CARE PROFESSIONAL SERVICES, AND STELLA MESSER Court:TCA Attorneys: KYLE E. HEDRICK, Chattanooga, for Appellant. GARY R. PATRICK, Patrick, Beard & Richardson, P.C., Chattanooga, for appellees. Judge:McMurray First Paragraph: This is an action whereby the plaintiff seeks to enforce a covenant not to compete in an employment agreement between the defendant, Warren, and the plaintiff. The defendants moved for summary judgment. The motion did not set out any grounds for relief but simply stated that defendants "file this motion for Summary Judgment, pursuant to Rule 56 of the Tennessee Rules of Civil Procedure" and referred the court to grounds stated in their brief in support of the motion. The brief is not included in the record. Apparently, the parties did not make a designation of record and the Clerk of the court correctly omitted the brief pursuant to Rule 24, Tennessee Rules of Appellate Procedure. URL:http://www.tba.org/tba_files/TCA/homebnd_opn.WP6 WILMA JEAN LAMPLEY vs. GORDON RAY LAMPLEY Court:TCA Attorneys: Honorable Virginia Lee Story 136 Fourth Avenue, South P.O. Box 1608 Franklin, TN 37065-1608 ATTORNEY FOR PLAINTIFF/PETITIONER/RESPONDENT Honorable Ernest W. Williams Honorable J. Russell Heldman 320 Main Street, Suite 101 Franklin, TN 37064 ATTORNEYS FOR DEFENDANT/RESPONDENT/PETITIONER Judge:TODD First Paragraph: This is a post-divorce decree proceeding in which the defendant husband has appealed from an unsatisfactory disposition of his counter petition to terminate alimony. URL:http://www.tba.org/tba_files/TCA/lampleyw_opn.WP6 STATE OF TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES vs. ANNA PATRICIA MALONE IN THE MATTER OF: WILLARD FILLMORE REDNOWER JESSIE MAE REDNOWER Court:TCA Attorneys: For Appellant For Appellee DOROTHY M. RAY JOHN KNOX WALKUP Buck & Ray, PLLC Attorney General & Reporter Chattanooga, Tennessee DOUGLAS EARL DIMOND Assistant Attorney General General Civil Division Nashville, Tennessee Judge:Susano First Paragraph: The trial court's judgment terminated the parental rights of Anna Patricia Malone ("Mother") in and to her children, Willard Fillmore Rednower (DOB: October 1, 1983) and Jessie Mae Rednower (DOB: September 15, 1985). She appealed, arguing, in her words, that the Department of Children's Services ("DCS") "failed to make reasonable efforts to reunite the family as required by T.C.A. [S] 37-1-166"; that the court erred in finding clear and convincing evidence of Mother's "substantial noncompliance" with a plan of care formulated by DCS pursuant to T.C.A. S 37-2-403; and that the court erred in finding clear and convincing evidence of a basis for terminating Mother's parental rights under T.C.A. S 37-1-147. URL:http://www.tba.org/tba_files/TCA/maloneap_opn.WP6 JOHN L. MILLER vs. SCOTT D. WILLIAMS Court:TCA Attorneys: For Appellant For Appellee JESS D. CAMPBELL ALBERT J. HARB Campbell & Dawson Hodges, Doughty & Carson Knoxville, Tennessee Knoxville, Tennessee JOHN W. BUTLER Butler, Vines & Babb Knoxville, Tennessee Judge:Susano First Paragraph: This appeal questions the adequacy of a jury's verdict. The plaintiff, John L. Miller ("Miller"), alleged in his complaint that he sustained physical and emotional injuries and medical expenses when his automobile was struck from behind by a vehicle driven by the defendant, Scott D. Williams ("Williams"). After Williams admitted liability at trial, the jury awarded Miller damages of $45,000. Miller then filed a motion for an additur or a new trial. The trial court denied his motion, and this appeal followed. The sole issue on this appeal is whether the trial court erred in failing to suggest an additur or grant a new trial due to the alleged inadequacy of the jury's award. URL:http://www.tba.org/tba_files/TCA/millerjl_opn.WP6 STEVE PAYNE vs. JAN SAVELL, C.S.J. TRAVEL, INC., and CARLEEN STEPHENS Court:TCA Attorneys: For Appellants For Appellee L. LEE KULL DAVID T. BLACK Bird, Navratil & Kull MELANIE E. DAVIS Maryville, Tennessee Kizer & Black Maryville, Tennessee Judge:Susano First Paragraph: Steve Payne ("Payne"), a stockholder and former employee of CSJ Travel, Inc. ("CSJ"), sued CSJ and the corporation's other stockholders, Jan Savell ("Savell") and Carleen Stephens ("Stephens"), seeking damages for the defendants' alleged breach of a contract to repurchase Payne's CSJ stock. Payne's action was filed in the Blount County General Sessions Court at a time when earlier litigation between Payne and CSJ in the Blount County Chancery Court was pending on appeal to this court. In the instant action, the defendants allowed a default judgment to be taken against them and thereafter appealed to the Blount County Circuit Court for a de novo trial. The Circuit Court denied the defendants' joint motion for summary judgment, and instead granted summary judgment in favor of Payne and against CSJ for $6,666.64. Payne then filed a notice of voluntary dismissal of his suit against Savell and Stephens. The defendants appealed, arguing, among other things, that the Circuit Court erred in failing to grant them summary judgment, and erred in granting Payne a money judgment against CSJ. URL:http://www.tba.org/tba_files/TCA/paynes_opn.WP6 ROGER PERRY and DORIS PERRY vs. DONALD VAN HISE and JOSEPHINE VAN HISE, individually, and d/b/a VAN HISE CONSTRUCTION COMPANY Court:TCA Attorneys: Aubrey Harper, BR: 015817 P.O. Box 588 McMinnville, TN 37110 ATTORNEY FOR PLAINTIFFS/APPELLANTS J. Hilton Conger, BR: 3607 Thomas Bratcher, BR: 3869 200 South Third Street P.O. Box 568 Smithville, TN 37166 McMinnville, TN 37110 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge:TODD First Paragraph: This appeal involves the construction of a home. Plaintiffs engaged one of the defendants, Donald Van Hise, (hereafter, the defendant) to construct a home on their property. On May 24, 1994, defendant signed a proposal to construct the house, reserving the right to withdraw the proposal within 30 days, if not accepted by plaintiff. One of the plaintiffs signed an acceptance of the proposal. The other did not. On June 25, 1994, defendant tendered another proposal on different terms, which proposal was accepted by both plaintiffs. The second proposal contained an estimated time of completion of 3-1/2 - 4-1/2 months. Both proposals contained a base contract price subject to revision for changes during construction. Both contracts refer to "plans and specifications" but the record contains no plan and only a partial set of specifications. The plans and specifications were not specifically prepared for plaintiffs, but were "generic," that is, sold on the general market, to be altered as desired; and alterations were made, producing part of the present controversy. URL:http://www.tba.org/tba_files/TCA/perryrd_opn.WP6 JOANN POLLOCK vs. DONNIE F. POLLOCK Court:TCA Attorneys: W. Charles Doerflinger, Esquire P.O. Box 692 Lawrenceburg, TN 38464 ATTORNEY FOR PLAINTIFF/APPELLEE Randy Hillhouse, Esquire FREEMON, HILLHOUSE & HUDDLESTON P.O. Box 787 Lawrenceburg, TN 38464 ATTORNEY FOR DEFENDANT/APPELLANT Judge:TODD First Paragraph: The defendant, Donnie F. Pollock, has appealed from the judgment of the Trial Court awarding the plaintiff a divorce on grounds of adultery and inappropriate marital conduct, awarding plaintiff, $8,000.00 alimony in solido and $500.00 per month alimony until she reaches 65 years or one of the parties dies; ordering defendant to pay $2,400.00 of plaintiff's attorneys fees, and distributing the marital estate and liability for debts. URL:http://www.tba.org/tba_files/TCA/pollockj_opn.WP6 JOHN EDMUND STREUN vs. DELORES JEAN STREUN Court:TCA Attorneys: For Appellant For Appellee CHARLES D. PATY GLENNA M. RAMER Paty, Rymer & Ulin, P.C. Chattanooga, Tennessee Chattanooga, Tennessee Judge:Susano First Paragraph: This is a divorce case. Following a bench trial, the court awarded Delores Jean Streun ("Wife") an absolute divorce on the ground of inappropriate marital conduct, divided the parties' property, and ordered John Edmund Streun ("Husband") to pay periodic alimony in futuro of $350 per month. Husband appealed, arguing, in effect, that the evidence preponderates against the trial court's determination that Wife was entitled to periodic alimony in futuro. Wife contends that the alimony award is appropriate. She submits an additional issue -- that, in her words, "the trial court erred in not enforcing the parties' settlement agreement of November 7, 1995." URL:http://www.tba.org/tba_files/TCA/streunje_opn.WP6 WILLIAM JEFFREY TARKINGTON vs. REBECCA JUANITA TARKINGTON Court:TCA Attorneys: CAROL L. SOLOMAN, #6649 Washington Square, Suite 400 214 Second Avenue, North Nashville, TN 37201 ATTORNEY FOR PLAINTIFF/COUNTER-DEFENDANT/APPELLANT JACK NORMAN, JR., #2702 213 Third Avenue, North Nashville, TN 37201 ATTORNEY FOR DEFENDANT/COUNTER-PLAINTIFF/APPELLEE Judge:TODD First Paragraph: The husband, William Jeffrey Tarkington, has appealed from a judgment of the Trial Court finding him and his wife, Rebecca Juanita Tarkington, guilty of inappropriate marital conduct and declaring them to be divorced pursuant to TCA S 36-4-129. URL:http://www.tba.org/tba_files/TCA/tarkingt_opn.WP6 BARBARA JAN TEPEDINO vs. MICHAEL JOHN TEPEDINO Court:TCA Attorneys: Raymond W. Fraley, Jr., Fayetteville, Tennessee Attorney for Defendant/Appellant. Barbara G. Medley, BUSSART & MEDLEY, Lewisburg, Tennessee Attorney for Plaintiff/Appellee. Judge:FARMER First Paragraph: This is a divorce case involving the 26 year marriage of Michael John Tepedino (Husband) and Barbara Jan Tepedino (Wife). They have two adult children. The trial court granted Wife an absolute divorce on grounds of adultery, made a division of the marital property, awarded Wife alimony in futuro in the amount of $3,000 per month and awarded Wife her attorney's fees in the amount of $3,650. Husband has appealed challenging these portions of the decree, as well as the trial court's denial of certain motions filed on his behalf. For the reasons expressed below, we affirm in part, reverse in part and remand. URL:http://www.tba.org/tba_files/TCA/tepedbj_opn.WP6 STATE OF TENNESSEE vs. JUDY R. BAILEY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LAURA RULE HENDRICKS JOHN KNOX WALKUP Eldridge, Irvine & Hendricks Attorney General & Reporter 606 West Main Street, Ste. 350 P.O. Box 84 MICHAEL J. FAHEY, II Knoxville, TN 37901-0084 Assistant Attorney General 2nd Floor, Cordell Hull Bldg 425 Fifth Avenue North Nashville, TN 37243 RAYMOND MACK GARNER MICHAEL L. FLYNN District Public Defender District Attorney General SHAWN T. GRAHAM KIRK ANDREWS Assistant Public Defender Asst District Attorney General 415 High Street 363 Court Street Maryville, TN 37804 Maryville, TN 37804 Judge:WOODALL First Paragraph: The Defendant, Judy R. Bailey, pled guilty to the offense of obtaining a controlled substance by fraud in violation of Tennessee Code Annotated section 53-11-402. Pursuant to the negotiated plea agreement, she received a Range I three (3) year sentence and $500.00 fine, with the manner of service of sentence to be determined by the trial court following a hearing. The Circuit Court of Blount County ordered a sentence of split confinement consisting of ten (10) months in the Blount County Jail followed by two (2) years and two (2) months of intensive probation. The sentence was ordered to be served concurrently with a sentence for convictions in Knox County. In her sole issue on appeal, Defendant argues that the trial court erred by not ordering a sentence alternative that does not involve incarceration. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/baileyjr_opn.WP6 STATE OF TENNESSEE vs. WILLIAM DEARRY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LU ANN BALLEW JOHN KNOX WALKUP Assistant Public Defender Attorney General and Reporter Fourth Judicial District P.O. Box 416 SANDY R. COPOUS Dandridge, TN 37725 Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 AL SCHMUTZER, JR. District Attorney General JAMES L. GOSS Asst District Attorney General P.O. Box 70 Dandridge, TN 37725 Judge:WELLES First Paragraph: The Defendant, William Dearry, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He was convicted by a Jefferson County jury of one count of rape of a child. The trial court sentenced him to fifteen years imprisonment with the Department of Correction. URL:http://www.tba.org/tba_files/TCCA/dearryw_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/dearryw_con.WP6 STATE OF TENNESSEE vs. ROBERT WAYNE FRANTZ, JR. Court:TCCA Attorneys: For the Appellant: For the Appellee: Charles I. Poole Charles W. Burson 133 Commerce St. Attorney General of Tennessee Sevierville, TN 37862 and Elizabeth T. Ryan Asst Attorney General of Tennessee 450 James Robertson Parkway Nashville, TN 37243-0493 Alfred C. Schmutzer, Jr. District Attorney General and Scott Green Asst District Attorney General 301 Sevier County Courthouse Sevierville, TN 37862 Judge:Tipton First Paragraph: The defendant, Robert Wayne Frantz, Jr., appeals as of right from his conviction by a jury in the Sevier County Criminal Court for the offenses of aggravated kidnapping and two counts of rape, Class B felonies. The trial court sentenced the defendant as a Range II, multiple offender to fifteen years for each offense to be served concurrently. URL:http://www.tba.org/tba_files/TCCA/frantzr_opn.WP6 LEE C. HAMRICK vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LEE C. HAMRICK JOHN KNOX WALKUP Pro Se Attorney General and Reporter 3735 Riverside Drive Knoxville, TN 37914 CLINTON J. MORGAN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General P. T. HOOVER Assistant District Attorney 201 Poplar Street, Ste. 301 Memphis, TN 38103 Judge:SMITH First Paragraph: On April 18, 1994, in the Shelby County Criminal Court, Appellant, Lee C. Hemrick, entered multiple guilty pleas to theft charges. He received an effective sentence of fifteen years. Appellant filed no direct appeal. 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/hamrickl_opn.WP6 STATE OF TENNESSEE vs. STEVE JOYNER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MACK GARNER JOHN KNOX WALKUP District Public Defender Attorney General & Reporter 419 High St. Maryville, TN 37804-4912 MARVIN E. CLEMENTS, JR. Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 MICHAEL L. FLYNN District Attorney General PHILLIP H. MORTON Asst District Attorney General 363 Court St. Blount County Courthouse Maryville, TN 37804-5906 Judge:WITT First Paragraph: The defendant, Steve Joyner, appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure from the revocation of his probation by the Circuit Court of Blount County. On June 22, 1992, the defendant pleaded guilty to conspiracy to sell lysergic acid diethylamide, a Class C felony, and was sentenced to serve eight years as a Range 2, multiple offender. The trial court suspended all but thirty days of the sentence and ordered the defendant to serve seven years and eleven months on supervised probation. The court issued a violation warrant on July 16, 1996, and, after a hearing, the court revoked the defendant's probation and ordered him to serve one year in the county jail and seven years in Community Corrections. URL:http://www.tba.org/tba_files/TCCA/joyners_opn.WP6 CHARLES RAY O'QUINN vs. HOWARD CARLTON, WARDEN, and STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHARLES RAY O'QUINN JOHN KNOX WALKUP N.E.C.C. #100601 Attorney General & Reporter P.O. Box 5000 Mountain City, TN 37683 MICHAEL J. FAHEY, II Pro se Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Judge:WITT First Paragraph: Charles Ray O'Quinn, the petitioner, appeals pursuant to Rule 3, Tennessee Rules of Appellate Procedure, from the trial court's dismissal of his petition for writ of habeas corpus. On July 27, 1989, the petitioner pleaded guilty to two counts of aggravated rape. The offenses occurred in April or May, and in June, 1988. He received Range II sentences of 35 years in the aggregate. The petitioner contends that his convictions for aggravated rape are void because the indictment failed to allege the mens rea for that offense. See State v. Roger Dale Hill, No. 01C01-9508-CC-00267 (Tenn. Crim. App., Nashville, June 20, 1996), rev'd, 954 S.W.2d 725 (Tenn. 1997). URL:http://www.tba.org/tba_files/TCCA/o'quinnc_opn.WP6 STATE OF TENNESSEE vs. JOHN ANTHONY SANDERS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DOUGLAS L. PAYNE JOHN KNOX WALKUP 114 South Main Street Attorney General & Reporter Greeneville, TN 37743 CLINTON J. MORGAN Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 GREG W. EICHELMAN District Attorney General for Greene Co. CECIL C. MILLS Asst District Attorney General 109 South Main Street Greeneville, TN 37743 Judge:WOODALL First Paragraph: The Defendant, John Anthony Sanders, appeals as of right, from his convictions of aggravated burglary and theft in the Criminal Court of Greene County. Following a jury trial, the Defendant was found guilty of three (3) counts of aggravated burglary and three (3) counts of theft over $1,000. The trial court sentenced Defendant as a Range I Standard Offender to three (3) consecutive sentences of six (6) years each for the aggravated burglary convictions, and three (3) sentences of four (4) years each for the theft convictions to be served concurrently with each other and the aggravated burglary convictions. Defendant was fined a total of $14,000 as a result of the convictions. Defendant raises three (3) issues in this appeal: (1) whether the evidence is sufficient to support the three theft convictions; (2) whether the trial court erred in sustaining the prosecutor's objection to a question asked on cross-examination; and (3) whether the trial court committed sentencing errors. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/sandrsja_opn.WP6 STATE OF TENNESSEE vs. CARLTON SUGGS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A C Wharton John Knox Walkup Shelby County Public Defender Attorney General & Reporter Tony N. Brayton Clinton J. Morgan Assistant Public Defender Counsel for the State 201 Poplar Avenue, Suite 201 450 James Robertson Parkway Memphis, TN 38103 Nashville, TN 37243-0493 William Moore William L. Gibbons Assistant Public Defender District Attorney General 201 Poplar Avenue, Suite 201 Memphis, TN 38103 Terrell Harris (At Trial) Asst District Attorney General 201 Poplar Avenue, Suite 301 Memphis, TN 38103 Judge:SUMMERS First Paragraph: The appellant, Carlton Suggs, was found guilty by a jury of aggravated rape and aggravated burglary in the Shelby County Criminal Court. The court sentenced the appellant as a Range II offender to ten years and forty years imprisonment for the respective offenses, to be served consecutively. The trial court denied the appellant's motion for a new trial, and he appealed to this Court. URL:http://www.tba.org/tba_files/TCCA/suggscar_opn.WP6
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