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TBALink Opinion-Flash
February 27, 1998 -- Volume #4 -- Number #038
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.
- This Issue (IN THIS ORDER):
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 02-New Opinons From TSC-Workers Comp Panel
- 17-New Opinons From TCA
- 20-New Opinons From TCCA
- 00-New Opinons From TSC
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- Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text
version of the opinion.
- *NEW* Browse the Opinion List area of TBALink. This option will allow you
to download the original WP 6.0 document.
version of the opinion.
- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
George Dean
TBALink Chief Editor
BRIDGESTONE/FIRESTONE, INC. vs. DEBORAH LOUISE DUNN Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: B. Timothy Pirtle Sonya W. Henderson Third Floor, City Bank Bldg. 218 West Main St., Suite 1 McMinnville, TN 37110 Murfreesboro, TN 37130 Judge:INMAN First Paragraph: This declaratory judgment action likely created an interest that otherwise might not have existed or, perhaps, might not have manifested itself. The employer filed the action alleging that its employee reported that she experienced pain in her neck on August 17, 1995, that she was successfully treated and returned to work on September 12, 1995, that her medical expenses had been paid, and that the plaintiff [employer] should be "discharged from responsibility to defendant [employee]." URL:http://www.tba.org/tba_files/TSC_WCP/dunnpa_opn.WP6
JOSEPH D. LEWIS
vs.
INSURANCE COMPANY OF
PENNSYLVANIA and
BRIDGESTONE (USA), INC.
Court:TSC - Workers Comp Panel
Attorneys:
FOR APPELLANT: FOR APPELLEE:
DONALD J. RAY KENT E. KRAUSE
RAY, VAN CLEAVE & JACKSON MARY SULLIVAN MOORE
P.O. Box 1027 BREWER, KRAUSE, BROOKS & MILLS
Tullahoma, TN 37388 P.O. Box 23890
Nashville, TN 37202-3890
Judge:RUSSELL
First Paragraph:
This case involves an employee's affliction with contact dermatitis
from handling chemicals present in vehicle tire components being
manufactured by the employer.
URL:http://www.tba.org/tba_files/TSC_WCP/lewisjd_opn.WP6
TIMOTHY K. BRADY
vs.
JAMES M. VALENTINE
Court:TCA
Attorneys:
REBECCA E. BYRD
PETERSEN, BUERGER, MOSELEY & CARSON
306 Court Square
Franklin, Tennessee 37064
Attorney for Plaintiff/Appellee
ERIC J. MORRISON
STONE & HINDS
700 First American Center
507 Gay Street, S.W.
Knoxville, Tennessee 37902
Attorney for Defendant/Appellant
Judge:CANTRELL
First Paragraph:
The only issue we have to decide is whether an appeal of a general
sessions judgment gives the circuit court the jurisdiction to award
sanctions under Rule 11, Tenn. R. Civ. P. The Circuit Court of
Williamson County held that it does not. We reverse and remand the
cause for further consideration.
URL:http://www.tba.org/tba_files/TCA/bradytk_opn.WP6
GREENBACK CRUSHED STONE, INC.
vs.
LOUDON COUNTY COMMISSION
Court:TCA
Attorneys:
DAVID T. BLACK
KIZER AND BLACK
Maryville, Tennessee
Attorney for Appellant
DEAN B. FARMER
HODGES, DOUGHTY & CARSON
Knoxville, Tennessee
Attorney for Appellee
Judge:HIGHERS
First Paragraph:
Plaintiff Greenback Crushed Stone, Inc., appeals the judgment of the
trial court upholding the validity of an amendment to the Loudon
County zoning laws enacted by Defendant/Appellee Loudon County
Commission. We affirm.
URL:http://www.tba.org/tba_files/TCA/greenbac_opn.WP6
RUDY HOLMES
vs.
SHERIFF JACK OWENS, et al
Court:TCA
Attorneys:
ALAN BRYANT CHAMBERS
Memphis, Tennessee
Attorney for Appellant
BRIAN L. KUHN
Memphis, Tennessee
Attorney for Appellees
Judge:HIGHERS
First Paragraph:
This is an appeal from a decision of the Circuit Court at Shelby
County, Tennessee, to sustain a discharge of Plaintiff, Rudy Holmes
("Deputy Holmes"), affirmed by the Shelby County Civil Service Merit
Board, taken pursuant to the Shelby County Civil Service Merit Act.
For reasons stated hereinafter, we affirm the judgment of the trial
court.
URL:http://www.tba.org/tba_files/TCA/holmesr_opn.WP6
JOHN JAY HOOKER
vs.
SEN. FRED D. THOMPSON
and
JOHN JAY HOOKER
vs.
DON SUNDQUIST, ET AL.
Court:TCA
Attorneys:
JOHN JAY HOOKER
222 Polk Avenue
Nashville, Tennessee 37203
Pro Se/Plaintiff/Appellant
JOSEPH A. WOODRUFF
K. SUZANNE CRENSHAW
511 Union Street, Suite 2100
Nashville, Tennessee 37219-1760
Attorneys for Defendant/Appellee Sen. Fred D. Thompson
JOHN KNOX WALKUP
Attorney General and Reporter
JANET M. KLEINFELTER
Assistant Attorney General
425 5th Avenue North
Nashville, Tennessee 37243-0496
Attorneys for Defendants/Appellees Don Sundquist, et al.
Judge:CANTRELL
First Paragraph:
The plaintiff, a candidate for the United States Senate, filed two
actions in the Chancery Court of Davidson County alleging that giving
or receiving campaign contributions violates state law. The court
dismissed both actions. We agree that the lower courts properly
dismissed plaintiff's claims, because the regulation of campaign
financing for federal elections is preempted by federal law.
URL:http://www.tba.org/tba_files/TCA/hookerjj_opn.WP6
WILLIAM M. KIZER
vs.
ANNA LYNN KIZER
Court:TCA
Attorneys:
For Plaintiff/Appellee: For Defendant/Appellant:
Homer R. Ayers F. Dulin Kelly
Goodlettsville, Tennessee Clinton L. Kelly
Andy L. Allman
KELLY & KELLY
Hendersonville, Tennessee
Judge:KOCH
First Paragraph:
This appeal involves the dissolution of a sixteen-year marriage.
After granting the wife a divorce based on the husband's inappropriate
marital conduct, the Sumner County General Sessions Court divided the
marital property and declined the wife's request for spousal support
and attorney's fees. The wife appealed, contending that she was
entitled to spousal support and attorney's fees based on her financial
need and her husband's ability to pay. We have determined that the
wife is entitled to spousal support and, accordingly, modify the
judgment to award the wife $100 per month in long-term spousal
support.
URL:http://www.tba.org/tba_files/TCA/kizerwm_opn.WP6
JACQUELINE LAIRD and
JANICE RODGERS
vs.
JAMES J. DOYLE, II
Court:TCA
Attorneys:
JACK L. HALLIBURTON, Taylor, Halliburton, Ledbetter & Caldwell,
Attorney for Plaintiffs.
DAVID M. WALDROP, McNabb, Holley & Waldrop, Memphis, Attorney for
Defendant.
Judge:TOMLIN
First Paragraph:
Jacqueline Laird and Janice Rogers (by name or "plaintiffs") each
filed suit in the General Sessions Court of Shelby County against
James J. Doyle, II ("defendant") for personal injuries and damages
sustained by them in an automobile accident, wherein defendant's
automobile collided with the automobile occupied by plaintiffs while
it was stopped prior to making a left turn. The cases were
consolidated for trial were and appealed to the Shelby County Circuit
Court. Following a bench trial, the court entered a judgment in favor
of Rogers in the amount of $5,000 and in favor of Laird in the amount
of $4,000, each judgment stated as being "for personal injuries in the
cause." The sole issue presented on appeal by defendant is whether or
not the trial court erred in allowing plaintiffs to testify as to the
necessity of this medical treatment in connection with the medical
bills offered as evidence. In the opinion of this court the trial
court erred in so doing. Accordingly, we reverse and remand for a new
trial as to the issue of damages only.
URL:http://www.tba.org/tba_files/TCA/lairdjac_opn.WP6
WILMA JEAN LAMPLEY
vs.
GORDON RAY LAMPLEY
Court:TCA
Judge:TODD
First Paragraph:
The appellant has filed a respectful petition to rehear which has
been duly considered and is respectfully denied.
URL:http://www.tba.org/tba_files/TCA/lampleyw_ord.WP6
JOHNNY MOFFITT
vs.
CARTHEL SMITH
Court:TCA
Attorneys:
JOHNNY MOFFITT, pro se
Clifton, Tennessee
EDWIN E. WALLIS, JR.
ROLF S. HAZLEHURST
MOSS, BENTON & WALLIS, PLLC
Jackson, Tennessee
Attorneys for Appellee
Judge:HIGHERS
First Paragraph:
Plaintiff, Johnny Moffitt ("Plaintiff"), has appealed from a summary
judgment dismissing his cause of action against the defendant, Carthel
Smith ("Defendant"), for legal malpractice. The Defendant was
appointed to represent the Plaintiff who was charged with first degree
murder and shooting into an occupied dwelling. Plaintiff was found
guilty on both counts by a Henderson County Circuit Court jury on
August 11, 1989. The jury's verdict was upheld on appeal by the Court
of Criminal Appeals in an opinion filed on December 5, 1990.
URL:http://www.tba.org/tba_files/TCA/moffitt_opn.WP6
JOHN MOLIN and wife, FREDERICKA
LITTLEFAIR-MOLIN
vs.
PERRYMAN CONSTRUCTION CO.
Court:TCA
Attorneys:
MICHAEL A. MEYER
Sidwell & Barrett, P.C.
121 First Avenue South, Suite 200
Franklin, Tennessee 37064
ATTORNEY FOR PLAINTIFFS/APPELLANTS
LEE ANNE MURRAY
Feeney & Lawrence, PLLC
2040 First American Center
P. O. Box 198685
Nashville, Tennessee 37219-8685
ATTORNEY FOR DEFENDANT/APPELLEE
Judge:BUSSART
First Paragraph:
The plaintiff/appellant homeowners brought suit against the
defendant/appellee construction company alleging breach of contract.
The trial court granted the appellee summary judgment finding that the
appellants' claim fell outside of the three-year statute of
limitations found in section 28-3-105 of the Tennessee code. In
addition, the court denied a motion by the appellants to amend the
original complaint. The case is here on appeal to determine whether
the trial court erred.
URL:http://www.tba.org/tba_files/TCA/molinj_opn.WP6
E. L. REID
vs.
GOVERNOR DON SUNDQUIST, et. al.
Court:TCA
Attorneys:
E. L. Reid, #203343
N.W.C.C.
Route 1, Box 660
Tiptonville, TN 38079
ATTORNEY FOR PLAINTIFF/APPELLANT
Sohnia W. Hong, #17415
Assistant Attorney General
426 Fifth Avenue North
Nashville, TN 37243-0488
ATTORNEY FOR DEFENDANTS/APPELLEES
Judge:TODD
First Paragraph:
The petitioner, E. L. Reid, has appealed from a judgment of the Trial
Court entered on August 13, 1996, dismissing his petition for review
of the results of two disciplinary hearings before an administrative
board of the State Department of Correction.
URL:http://www.tba.org/tba_files/TCA/reidel_opn.WP6
RIVERGATE TOYOTA, INC.
vs.
JOE B. HUDDLESTON
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendant/Appellee:
James W. Cameron, III John Knox Walkup
Harwell Howard Hyne Gabbert & Manner Attorney General and Reporter
Nashville, Tennessee
Christine Lapps
Assistant Attorney Genera
Judge:KOCH
First Paragraph:
This appeal relates to an automobile dealer's use tax liability for
direct mail advertising brochures purchased from an out-of-state
vendor but mailed to Tennessee residents. Following an audit, the
Commissioner of Revenue assessed the dealer $8,708 for unpaid use tax,
interest, and penalties. The dealer challenged the assessment in the
Chancery Court for Davidson County. Following a bench trial, the
trial court concluded that the Commissioner had correctly assessed the
tax and awarded the Commissioner his legal expenses. The dealer now
insists that its use tax assessment should have been based on the
final printed cost of the brochures and that it was entitled to a
credit for its postage expenses. We have determined that the dealer
was not required to pay use tax on the postage but that the remainder
of the Commissioner's assessment was correct. Accordingly, we affirm
the judgment as modified herein.
URL:http://www.tba.org/tba_files/TCA/rivertoy_opn.WP6
SHELBY COUNTY DEPUTY
SHERIFFS' ASSOCIATION,
SGT. RONALD A. HOUSTON,
SGT. ROBERT MICHAEL SHELBY,
SGT. RONALD RAY, AND
SGT. MARK ROCHEVOT
vs.
SHELBY COUNTY, TENNESSEE,
THE SHELBY COUNTY
COMMISSION, MAYOR JIM ROUT,
AND SHERIFF A.C. GILLESS, JR.
Court:TCA
Attorneys:
Alan Bryant Chambers of Memphis
For Appellants
Danny A. Presley, Executive Assistant
County Attorney; Jennifer A. Beene,
Senior Assistant County Attorney
For Julian Bolton and Jim Rout
Defendants-Appellees.
Charlie Ashford of Memphis
For A.C. Gilless, Jr.
Judge:CRAWFORD
First Paragraph:
This appeal involves a declaratory judgment suit in chancery court
related to a previous proceeding in criminal court pursuant to the
provisions of the "anti-fee statutes," T.C.A. S 8-20-101 et seq.. The
plaintiffs are Shelby County Deputy Sheriff's Association, Sergeant
Ronald A. Houston, Sergeant Robert Michael Shelby, Sergeant Ronald
Ray, and Sergeant Mark Rochevot. The defendants are Shelby County,
Tennessee, the Shelby County Commission, Mayor Jim Rout and Sheriff A.
C. Gilless, Jr.
URL:http://www.tba.org/tba_files/TCA/shelbsh_opn.WP6
RAY DARRIS THOMPSON
vs.
STATE OF TENNESSEE
Court:TCA
Attorneys:
RAY DARRIS THOMPSON, pro se
Mountain City, Tennessee
JOHN KNOX WALKUP
Attorney General and Reporter
SOHNIA W. HONG
Assistant Attorney General
Attorneys for Appellee, State of Tennessee
Judge:HIGHERS
First Paragraph:
Ray Darris Thompson appeals a final order of the Claims Commission
dismissing his claim for lack of subject matter jurisdiction. We
affirm.
URL:http://www.tba.org/tba_files/TCA/thompson_opn.WP6
LILLIAN D. VEGA-HORTA, ET AL.
vs.
WYETH-AYERST LABORATORIES
COMPANY, ET AL
Court:TCA
Attorneys:
J. D. LEE
LEE, LEE & LEE
Knoxville, Tennessee
Attorney for Appellants
EDWARD G. WHITE, II
HODGES, DOUGHTY & CARSON, PLLC
Knoxville, Tennessee
Attorney for Appellees
Judge:HIGHERS
First Paragraph:
Plaintiff, Lillian Vega-Horta ("plaintiff"), appeals the judgment of
the trial court granting defendant's, St. Mary's Medical Center ("St.
Mary's") Motion for Summary Judgment. For reasons state hereinafter,
we affirm the trial court's judgment.
URL:http://www.tba.org/tba_files/TCA/vega-hor_opn.WP6
THE VIRGINIA INSURANCE
RECIPROCAL
vs.
WAGNER, MYERS & SANGER, P.C.
Court:TCA
Attorneys:
LAWRENCE A. WELCH, JR.
Greeneville, Tennessee
Attorney for Appellant
CHARLES A. WAGNER, III
WAGNER, MYERS & SANGER, P.C.
Knoxville, Tennessee
Attorney for Appellee
Judge:HIGHERS
First Paragraph:
Plaintiff Virginia Insurance Reciprocal (Insurance Company) appeals
the trial court's order granting the motion for summary judgment filed
by Defendant/Appellee Wagner, Myers & Sanger, P.C. (Law Firm). In
entering a summary judgment in favor of the Law Firm, the trial court
ruled that, under the terms of the parties' insurance policy, the Law
Firm had no obligation to reimburse the Insurance Company for amounts
paid by the Company within the amount of the policy's $25,000
deductible. We reverse the trial court's judgment and remand for
further proceedings.
URL:http://www.tba.org/tba_files/TCA/virginia_opn.WP6
JEAN KELLY FISHER WALLACE
vs.
RICHARD EDWARD WALLACE
Court:TCA
Attorneys:
HAL GERBER and KAREN R. CICALA, Gerber Law Office, Memphis, Attorneys
for Plaintiff.
DANIEL LOYD TAYLOR and JAMES H. TAYLOR, Memphis, Attorneys for
Defendant.
Judge:TOMLIN
First Paragraph:
This is a post-divorce custody proceeding. Jean Kelly Fisher Wallace
("mother") was granted a divorce in the Chancery Court of Shelby
County from Richard Edward Wallace ("father") in May, 1992. Mother
was awarded custody of the parties' minor child, Caroline. In April,
1995, father filed a petition to change legal custody from mother to
father. Following a bench trial, the court denied the relief sought
by father and permitted custody to remain with mother. The court
delayed its decision for six months, principally to allow mother the
opportunity to make changes in two aspects of her life: (1) the
neighborhood in which she and the minor child had been living for
slightly over a year and (2) her ongoing association and relationship
with her boyfriend. The trial court felt both aspects were
detrimental to the welfare of the parties' child.
URL:http://www.tba.org/tba_files/TCA/wallacje_opn.WP6
JAMES M. WEBB, SR. and
RICKY L. MORROW
vs.
MORTGAGE SYSTEMS CORPORATION,
LARRY LATHAM AUCTIONEERS, INC.,
GEORGE A. HATCHER, SR., and
OSIAS ENTERPRISES, INC.
Court:TCA
Attorneys:
For James M. Webb, Sr. and For Larry Latham Auctioneers, Inc.:
Ricky L. Morrow:
Michael J. Vetter
J. Randall Hooper Brewer, Krause, Brooks & Mills
Hooper & Hooper Nashville, Tennessee
Brentwood, Tennessee
For George A. Hatcher, Sr.:
J. Russell Farrar
D. Todd Sholar
Nashville, Tennessee
For Osias Enterprises, Inc.:
E. Steele Clayton, IV
Bass, Berry & Sims
Nashville, Tennessee
Judge:KOCH
First Paragraph:
This appeal involves a dispute over representations concerning the
availability of financing for a piece of commercial property sold at
auction. After losing their earnest money because their financing did
not materialize, the successful bidders sued the owner of the
property, the auctioneers, and a mortgage broker in the Chancery Court
for Davidson County, alleging that they had misrepresented the
availability of financing for the purchase. The trial court granted
the bidders a summary judgment against the mortgage broker but also
granted a summary judgment to the property owner and the auctioneers
with regard to the bidders' claims against them. On this appeal, the
bidders assert the summary dismissal of their claims against the
property owner and the auctioneers was unwarranted. We have
determined that the material facts are not in dispute and that the
property owner and the auctioneers are entitled to a judgment as a
matter of law. Accordingly, we affirm the trial court.
URL:http://www.tba.org/tba_files/TCA/webbjm_opn.WP6
STATE OF TENNESSEE
vs.
DANIEL M. BAILEY
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Kathleen L. Caldwell Charles W. Burson
Taylor, Halliburton, Ledbetter Attorney General and Reporter
and Caldwell
44 North Second, Suite 200 Deborah A. Tullis
Memphis, TN 38103 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
Charles Bell
Asst. District Attorney General
Criminal Justice Complex, Ste 301
201 Poplar Street
Memphis, TN 38103
Judge:Hayes
First Paragraph:
The appellant, Daniel M. Bailey, was convicted by a Shelby County jury
of one count of aggravated rape and one count of aggravated sexual
battery. The trial court imposed consecutive sentences of fifteen
years and eight years respectively to be served in the Department of
Correction. The appellant appeals as of right from these convictions
raising as his sole issue the denial of his constitutional right to a
speedy trial.
URL:http://www.tba.org/tba_files/TCCA/baileydm_opn.WP6
ROBERT DUANE BITNER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT DUANE BITNER, pro se JOHN KNOX WALKUP
Register Number 216742 Attorney General & Reporter
Route 1, Box 330
Tiptonville, TN 38079-9775 KENNETH W. RUCKER
Assistant Attorney General
2nd Floor, Cordell Hull Bldg
425 Fifth Avenue North
Nashville, TN 37243
G. ROBERT RADFORD
District Attorney General
ELEANOR CAHILL
Asst District Attorney General
111 Church Street
P.O. Box 686
Huntingdon, TN 38344-0686
Judge:WOODALL
First Paragraph:
This case represents an appeal from the dismissal of the Petitioner's
petition for post-conviction relief. The Petitioner was originally
convicted of three (3) counts of aggravated sexual battery and
received an effective twenty-four (24) year sentence. This court
affirmed the judgment of the trial court on direct appeal, State v.
Bitner, C.C.A. No. 02C01-9307-CC-00148, Carroll County (Tenn. Crim.
App., Jackson, May 25, 1994), and the supreme court denied application
for permission to appeal on August 29, 1994. On July 10, 1996,
Petitioner filed a petition for post-conviction relief. Finding that
the statute of limitations had expired, the trial court dismissed the
petition without a hearing.
URL:http://www.tba.org/tba_files/TCCA/bitnerrd_opn.WP6
STATE OF TENNESSEE
vs.
GABRIEL BLACKMAN
Court:TCCA
Attorneys:
FOR THE APPELLANT:
GARY F. ANTRICAN
District Public Defender
JEANNIE A. KAESS
(At Hearing)
Assistant Public Defender
17805 Highway 64
P.O. Box 700
Somerville, TN 38068-0700
C. MICHAEL ROBBINS
(On Appeal)
3074 East Street
Memphis, TN 38128
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
JANIS L. TURNER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
ELIZABETH T. RICE
District Attorney General
ED NEAL McDANIEL
Assistant District Attorney General
300 Industrial Park Drive
P.O. Box 473
Selmer, TN 38375-0473
Judge:RILEY
First Paragraph:
The defendant, Gabriel Blackman, pled guilty in the McNairy County
Circuit Court to one (1) count of aggravated burglary and one (1)
count of burglary. The trial court imposed concurrent sentences of
three (3) years and two (2) years, respectively. The trial court
suspended the sentences, except for thirty (30) days, and ordered the
remainder of the sentence to be served on probation. As a condition
of probation, the trial court ordered that defendant pay $6,000 in
restitution to the victims. On appeal, defendant challenges only the
trial court's imposition of restitution. After a review of the record
before us, we remand to the trial court for further proceedings
consistent with this opinion.
URL:http://www.tba.org/tba_files/TCCA/blackmg_opn.WP6
JEFFERY A. CASEY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Pamela J. Drewery John Knox Walkup
1008 West Forest Attorney General & Reporter
Jackson, TN 38301 425 Fifth Avenue, North
Nashville, TN 37243-0493
Georgia B. Felner
Counsel for the State
425 Fifth Avenue, North
Nashville, TN 37243-0493
Judge:Jones
First Paragraph:
This case represents an appeal from the dismissal of the petitioner's
petition for post-conviction relief. On March 8, 1984, the petitioner
was convicted on two counts of first degree murder and received two
concurrent life sentences. This court affirmed the convictions and
sentences on appeal, State v. Casey, No. 1 (Tenn. Crim. App., Jackson,
March 27, 1985), and the supreme court denied application for
permission to appeal on June 3, 1985. On May 9, 1996, the petitioner
filed a petition for post conviction relief alleging ineffective
assistance of counsel, improper jury instructions, the denial of his
right to testify on his own behalf, and the denial of a fair and
impartial trial. Finding that the statute of limitations had expired,
the trial court dismissed the petition without a hearing.
URL:http://www.tba.org/tba_files/TCCA/caseyja_opn.WP6
DEWAYNE CATHEY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
BARBARA D. MACINTOSH JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
474 Perkins Extended, Ste. 205
Memphis, TN 38117 SARAH M. BRANCH
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
JOHN W. PIEROTTI
Dist. Attorney General
ALANDA HORNE
Asst. Dist. Attorney General
Criminal Justice Complex
201 Poplar St., Ste. 301
Memphis, TN 38103
Judge:WITT
First Paragraph:
The petitioner, Dewayne Cathey, comes to this court aggrieved of the
Shelby County Criminal Court's dismissal of his claim for post
conviction relief. Cathey is presently incarcerated for a life term
following his guilty plea to the crime of first-degree murder.
Following a series of hearings at which the petitioner had the
opportunity to present his evidence, the trial court found all of the
allegations contained in the petition to be without merit and denied
relief. On appeal, Cathey asks this court to review two of the trial
court's four determinations. He claims the evidence preponderates
against the trial court's determinations that he was afforded the
effective assistance of counsel and that his guilty plea was knowingly
and voluntarily entered. Having reviewed the record and the briefs of
the petitioner and the state, we find the petitioner's issues without
merit and affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/catheyd_opn.WP6
STATE OF TENNESSEE
vs.
CHLOE RAINEY CLARK
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIAM C. BARNES, JR. JOHN KNOX WALKUP
13-14 Public Square Attorney General & Reporter
P.O. Box 552
Columbia, TN 38402-0552 DARYL J. BRAND
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
JOHN COLLEY
COLLEY AND COLLEY
710 North Main Street
Columbia, TN 38401
(Special Prosecutor at Trial)
T. MICHAEL BOTTOMS
District Attorney General
LARRY NICKELL, JR. and
LEE BAILEY
Asst District Attorney General
P.O. Box 1619
Columbia, TN 38401-1619
Judge:WOODALL
First Paragraph:
The Defendant, Chloe Rainey Clark, appeals as of right from the trial
court's order revoking her probation and requiring her to serve her
five (5) year sentence in the Department of Correction. We affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/clarkcr_opn.WP6
STATE OF TENNESSEE
vs.
BENJAMIN D. CRAIN
Court:TCCA
Attorneys:
FOR THE APPELLANT:
DAVID F. BAUTISTA
District Public Defender
STEVE F. McEWEN
Assistant Public Defender
142 East Market
P. O. Box 996
Johnson City, TN 37605-0996
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
WILLIAM DAVID BRIDGERS
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
DAVID E. CROCKETT
District Attorney General
LISA D. NIDIFFER
Assistant District Attorney General
Unicoi County Courthouse
Erwin, TN 37650
Judge:SMITH
First Paragraph:
Defendant, Benjamin D. Crain, pled guilty to driving while impaired
and reserved for appellate purposes the issue of whether the driving
while impaired statute is unconstitutional. We find the statute to be
constitutional.
URL:http://www.tba.org/tba_files/TCCA/crainbd_opn.WP6
STATE OF TENNESSEE
vs.
SAMUEL PAUL FIELDS
Court:TCCA
Attorneys:
FOR THE APPELLANT:
DAVID H. HORNIK (On Appeal)
222 Second Avenue North
Suite 360M
Nashville, TN 37201
NILES S. NIMMO (At Trial)
306 Gay Street
Suite 200
Nashville, TN 37201-1164
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
KAREN M. YACUZZO
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
VICTOR S. JOHNSON, III
District Attorney General
KYMBERLY HAAS
Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
Judge:SMITH
First Paragraph:
The defendant, Samuel Paul Fields, was convicted by a Davidson County
jury of one (1) count of attempted first degree murder and one (1)
count of reckless aggravated assault. The trial court sentenced him
to consecutive sentences of twenty-five (25) years for attempted
murder and four (4) years for aggravated assault.
URL:http://www.tba.org/tba_files/TCCA/fieldssp_opn.WP6
STATE OF TENNESSEE
vs.
JOHN C. GARRISON
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Gregory P. Isaacs John Knox Walkup
280 One Centre Square Attorney General and Reporter
P.O. Box 2448
Knoxville, TN 37901-2448 Michael J. Fahey, II
(on appeal) Assistant Attorney General
425 Fifth Avenue North
Thomas N. DePersio 2d Floor, Cordell Hull Building
136 S. Illinois Avenue Nashville, TN 37243-0493
Suite 104
Oak Ridge, TN 37830 James W. Pope
(at trial) Asst District Attorney General
First American Bank Building
Dayton, TN 37321
Judge:WADE
First Paragraph:
The defendant, John C. Garrison, was convicted of solicitation to
commit first degree murder, a Class B felony. The trial court imposed
a Range II sentence of sixteen years to be served consecutively to a
sentence in Knox County for two counts of theft over ten thousand
dollars. The defendant was fined twenty five thousand dollars.
URL:http://www.tba.org/tba_files/TCCA/garrisoj_opn.WP6
STATE OF TENNESSEE
vs.
AMOS LEWIS JONES
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CLAYTON M. WHITTAKER JOHN KNOX WALKUP
515 Pioneer Bank Building Attorney General & Reporter
801 Broad Street
Chattanooga, TN 37402 SANDY C. PATRICK
Asst. Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
WILLIAM H. COX, III
District Attorney General
C. LELAND DAVIS
Asst. District Attorney General
Suite 300, Courts Building
Chattanooga, TN 37402
Judge:WITT
First Paragraph:
The defendant, Amos Lewis Jones, appeals from the sentencing judgment
of the Hamilton County Criminal Court. The defendant's six
convictions resulted from guilty pleas. The trial court sentenced the
defendant to maximum Range I terms of four years for theft, twelve
years for each of two counts of aggravated robbery, and 25 years each
for one count of especially aggravated kidnapping and two counts of
aggravated rape. The three twenty five year sentences were
plea-bargained to run concurrently to each other, but the trial court
set the sentences for theft and aggravated robbery to run
consecutively to each other and consecutively to the twenty-five year
aggregate sentence for the kidnapping and rape charges, yielding a
total effective sentence of 53 years. The defendant appeals only the
consecutive sentencing aspect of the trial court's judgment. Upon our
review of the case, we affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/jonesal_opn.WP6
GEORGE KILLINGSWORTH
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Cheryl J. Skidmore John Knox Walkup
Attorney at Law Attorney General & Reporter
629 East Main Street 500 Charlotte Avenue
Hendersonville, TN 37075 Nashville, TN 37243-0497
(Appeal Only)
Daryl J. Brand
Michael Van Sant Assistant Attorney General
Attorney at Law 450 James Robertson Parkway
100 Thompson Lane Nashville, TN 37243-0493
Nashville, TN 37211
(Trial Only) Victor S. Johnson, III
District Attorney General
Washington Square, Suite 500
Nashville, TN 37201
Roger D. Moore
Asst District Attorney General
Washington Square, Suite 500
Nashville, TN 37201
Judge:Jones
First Paragraph:
The appellant, George Killingsworth (petitioner), appeals as of right
from a judgment of the trial court dismissing his post-conviction
action after an evidentiary hearing. The petitioner presents one
issue for review: "Whether the trial court erred in dismissing
petitioner's petition for post conviction relief." 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 pursuant
to Rule 20, Tennessee Court of Criminal Appeals.
URL:http://www.tba.org/tba_files/TCCA/klngwrtg_opn.WP6
STATE OF TENNESSEE
vs.
DONALD LONG
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
George Morton Googe John Knox Walkup
District Public Defender Attorney General & Reporter
227 W. Baltimore Street 500 Charlotte Avenue
Jackson, TN 38301 Nashville, TN 37243-0497
Vanessa D. King Elizabeth T. Ryan
Assistant Public Defender Assistant Attorney General
227 W. Baltimore Street 450 James Robertson Parkway
Jackson, TN 38301 Nashville, TN 37243-0493
James G. Woodall
District Attorney General
P.O. Box 2825
Jackson, TN 38302
Donald H. Allen
Asst District Attorney General
P.O. Box 2825
Jackson, TN 38302
Judge:Jones
First Paragraph:
The appellant, David Long (defendant), was convicted of rape, a Class
B felony, and sexual battery, a Class E felony, by a jury of his
peers. The trial court, finding the defendant was a standard
offender, imposed Range I sentences consisting of confinement for
twelve (12) years for rape and two (2) years for sexual battery in the
Department of Correction. The two sentences are to be served
concurrently. In this court, the defendant contends: (1) the
indictment failed to allege the requisite mens rea, (2) the evidence
was insufficient to convict the defendant of rape, (3) the trial
court erred by failing to sustain the defendant's Batson objection
when the State of Tennessee peremptorily challenged a member of his
race, (4) the trial court erred by denying his motion to suppress an
incriminating statement given to the police, (5) the jury instructions
and convictions for rape and sexual battery violated the Double
Jeopardy Clause of the Fifth Amendment because the events involved a
single episode, (6) the trial court erred by failing to instruct the
jury on the lesser included offense of statutory rape, and (7) the
trial court erred by applying enhancement factors (4), the victim was
particularly vulnerable because of age or physical or mental
disability, and (15), he breached a position of private trust. After
a thorough review of the record, the briefs submitted by the parties,
and the law governing the issues presented for review, it is the
opinion of this court that the judgment of the trial court should be
affirmed.
URL:http://www.tba.org/tba_files/TCCA/longd_opn.WP6
STATE OF TENNESSEE
vs.
ANGELA MANNING
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Ashley L. Ownby Charles W. Burson
440 Worth Street, N.W. Attorney General of Tennessee
P.O. Box 176 and
Cleveland, TN 37364-0176 Amy L. Tarkington
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
Jerry N. Estes
District Attorney General
and
Joseph Rehyansky
Asst District Attorney General
203 E. Madison
Athens, TN 37303-0647
Judge:Tipton
First Paragraph:
The defendant, Angela Manning, appeals as of right her convictions by
a jury in the Bradley County Criminal Court for especially aggravated
kidnapping, especially aggravated robbery, five counts of aggravated
rape, all Class A felonies, especially aggravated burglary, a Class B
felony, conspiracy to commit aggravated burglary, a Class D felony,
and theft of property valued over one thousand dollars, a Class D
felony. As a Range I, standard offender, she received a
twenty-five-year sentence for each of the Class A felonies, a
twelve-year sentence and twenty-five thousand-dollar fine for the
especially aggravated burglary, a four-year sentence and
five-thousand-dollar fine for the conspiracy to commit aggravated
burglary, and a four year sentence for the theft of property valued
over one thousand dollars. All sentences are to be served
concurrently.
URL:http://www.tba.org/tba_files/TCCA/manninga_opn.WP6
STATE OF TENNESSEE
vs.
DAVID GARY MILLSAPS
Court:TCCA
Attorneys:
FOR THE APPELLANT:
CHARLES M. CORN
District Public Defender
WILLIAM C. DONALDSON
Assistant Public Defender
110 Washington Ave N.E.
Athens, TN 37303
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
CLINTON J. MORGAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
JERRY N. ESTES
District Attorney General
AMY ARMSTRONG
Assistant District Attorney General
P.O. Box 647
Athens, TN 37303-0647
Judge:SMITH
First Paragraph:
The defendant, David Gary Millsaps, was convicted by a jury of simple
child abuse. He was sentenced to eleven (11) months and twenty-nine
(29) days. On appeal, he contends the evidence adduced at trial is
not sufficient to support a guilty verdict and his sentence is
excessive. The conviction is affirmed, but for reasons hereinafter
stated, the case is remanded for resentencing.
URL:http://www.tba.org/tba_files/TCCA/millsaps_opn.WP6
STATE OF TENNESSEE
vs.
PAMELA JEAN RANKINS
Court:TCCA
Attorneys:
FOR THE APPELLANT:
GUY R. DOTSON, JR.
102 South Maple Street
Murfreesboro, TN 37130-3530
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
ABIGAIL TURNER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
WILLIAM C. WHITESELL, JR.
District Attorney General
PAUL A. HOLCOMBE, III
Assistant District Attorney General
303 Rutherford Co. Judicial Bldg.
Murfreesboro, TN 37130
Judge:SMITH
First Paragraph:
Appellant, Pamela Jean Rankins, was found guilty by a Rutherford
County Circuit Court jury of possession with intent to sell or deliver
cocaine over 0.5 grams. As a Range I, Standard Offender Appellant was
sentenced to eight (8) years and six (6) months in the Department of
Correction.
URL:http://www.tba.org/tba_files/TCCA/rankinpj_opn.WP6
CHAD SWATZELL
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT:
JOHN H. HENDERSON
District Public Defender
C. DIANE CROSIER
Assistant District Public Defender
407C Main Street
P.O. Box 68
Franklin, TN 37065-0068
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
SUSAN ROSEN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
JOSEPH D. BAUGH, JR.
District Attorney General
Williamson County Courthouse
Suite G-6
P.O. Box 937
Franklin, TN 37065-0937
Judge:SMITH
First Paragraph:
The petitioner, Chad Swatzell, appeals the dismissal of his petition
for post-conviction relief filed in the Circuit Court of Williamson
County. The petitioner filed a petition for post-conviction relief
based upon ineffective assistance of counsel. The trial court
dismissed the petition after a hearing. The judgment of the trial
court is affirmed.
URL:http://www.tba.org/tba_files/TCCA/swatzell_opn.WP6
STATE OF TENNESSEE
vs.
RICHARD A. TAYLOR
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Stephen M. Wallace Charles W. Burson
District Public Defender Attorney General of Tennessee
P.O. Box 839 and
Blountville, TN 37617-0839 Clinton J. Morgan
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
H. Greeley Wells, Jr.
District Attorney General
and
Edward E. Wilson
Asst District Attorney General
P.O. Box 526
Blountville, TN 37617-0526
Judge:Tipton
First Paragraph:
The defendant, Richard A. Taylor, appeals as of right from his jury
conviction in the Sullivan County Criminal Court for aggravated
robbery, a Class B felony. The trial court sentenced the defendant as
a Range I, standard offender to twelve years in the custody of the
Department of Correction and imposed a fifteen thousand-dollar fine.
The defendant contends that the trial court erred by failing to
instruct the jury regarding the proper consideration of his prior
convictions and by sentencing the defendant to the maximum sentence
within the sentencing range. We disagree and affirm the judgment of
conviction.
URL:http://www.tba.org/tba_files/TCCA/taylorra_opn.WP6
STATE OF TENNESSEE
vs.
WILLIAM AUBREY TROTTER, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GLENN R. FUNK JOHN KNOX WALKUP
Suite 340-M, Washington Sq. Attorney General & Reporter
222 Second Ave. N.
Nashville, TN 37201 DARYL J. BRAND
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
VICTOR S. JOHNSON, III
District Attorney General
SHARON BROX
Asst. District Attorney General
Suite 500, Washington Sq.
222 Second Ave. N.
Nashville, TN 37201
Judge:PEAY
First Paragraph:
The defendant was indicted for possessing .5 grams or more of cocaine
with the intent to sell. A jury convicted him of this offense and,
after a hearing, he was sentenced as a range II multiple offender to
thirteen years incarceration and a $2,000 fine.
URL:http://www.tba.org/tba_files/TCCA/trotterw_opn.WP6
URL:http://www.tba.org/tba_files/TCCA/trotterw_con.WP6
STATE OF TENNESSEE
vs.
LEON WOODLEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
BERNARD K. SMITH JOHN KNOX WALKUP
P.O. Box 490 Attorney General and Reporter
McMinnville, TN 37110
LISA A. NAYLOR
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
WILLIAM M. LOCKE
District Attorney General
P.O. Box 410
McMinnville, TN 37110
Judge:WELLES
First Paragraph:
The Defendant, Leon Woodlee, appeals as of right pursuant to Rule 3 of
the Tennessee Rules of Appellate Procedure. He was convicted by a
Warren County jury of one count of theft of property valued between
$1000 and $10,000, two counts of theft of property valued between $500
and $1000, one count of theft of property valued at $500 or less, one
count of failing to keep required records, and three counts of
possessing an engine or transmission from which the identification
number had been removed or defaced. The trial court sentenced him as
a Range I standard offender to three years imprisonment for theft
between $1000 and $10,000, two years for one count of theft between
$500 and $1000, four years for the other count of theft between $500
and $1000, two years for theft less than $500, and thirty days each
for one count of failure to keep required records and three counts of
possessing an engine or transmission from which the identification
number had been removed or defaced. At the sentencing hearing, the
trial court ordered the theft sentences to run consecutive to each
other, with all remaining counts to run concurrent with each other and
concurrent with the theft sentences. In addition, the sentences were
ordered to run consecutive to a six-year sentence for which the
Defendant was on probation at the time of the present offenses.
URL:http://www.tba.org/tba_files/TCCA/woodlel_opn.WP6
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