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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SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL March 9, 1998 - 2:00 p.m. Release Court:TSC - Rules URL:http://www.tba.org/tba_files/TSC_RULES/statelst21_wpd.WP6 FIRST AMERICAN NATIONAL BANK vs. ALEXANDER SMITH and BETTY K. SMITH Court:TCA Attorneys: Marcus M. Reaves, Jackson, Tennessee, for Defendants/Appellants. James Belew Webb, Milan, Tennessee, for Plaintiff/Appellee. Judge:FARMER First Paragraph: Alexander Smith and Betty K. Smith appeal from a judgment entered against them in favor of First American National Bank (Bank). The Bank sued to recover the deficiency owed on a note executed by Mr. and Mrs. Smith after sale of the collateral, a 1990 Chevrolet van, and for interest and attorney's fees as provided in the note. The Smiths filed a counterclaim alleging that the Bank breached its agreement to allow them to refinance and for the value of items of personal property and contracts which were in the van at the time it was repossessed and resulting loss of business due to loss of the contracts. The chancellor denied recovery on the counter complaint. URL:http://www.tba.org/tba_files/TCA/smithale_opn.WP6 STATE OF TENNESSEE vs. MICHAEL DINKINS Court:TCCA Attorneys: For the Appellant: For the Appellee: Walker Guinn John Knox Walkup Assistant Public Defender Attorney General and Reporter 201 Poplar Street 2-01 Memphis, TN 38103 Elizabeth T. Ryan Assistant Attorney General Criminal Justice Division A. C. Wharton, Jr. 450 James Robertson Parkway District Public Defender Nashville, TN 37243-0493 William Gibbons District Attorney General Lee Coffee Asst. District Attorney General Criminal Justice Complex Suite 301, 201 Poplar St. Memphis, TN 38103 Judge:Hayes First Paragraph: The appellant, Michael Dinkins, was convicted by a Shelby County jury of aggravated assault and theft of property under $500. The trial court imposed consecutive sentences of four years for the aggravated assault conviction and eleven months and twenty-nine days for the theft conviction. In this appeal as of right, the appellant contends that: (1) the trial court erred by failing to properly instruct the jury regarding eyewitness identification as required by Dyle; and (2) the trial court erred by providing to the jury parole eligibility information. URL:http://www.tba.org/tba_files/TCCA/dinkinsm_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/dinkinsm_con.WP6 STATE OF TENNESSEE vs. DARRELL LEE EMERSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MIKE MOSIER JOHN KNOX WALKUP 204 West Baltimore Attorney General and Reporter P. O. Box 1623 Jackson, TN 38302-1623 WILLIAM DAVID BRIDGERS Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 JERRY WOODALL District Attorney General NICK NICOLA Assistant District Attorney P. O. Box 2825 Jackson, Tn 38302 Judge:SMITH First Paragraph: On May 19, 1995, a Madison County Circuit Court jury found Appellant Darrell Lee Emerson guilty of attempted second-degree murder, aggravated assault, two counts of reckless endangerment, possession of marijuana with intent to sell, possession of marijuana with intent to deliver, possession of drug paraphernalia, and possession of a deadly weapon with intent to employ it during the commission of a felony. The trial judge merged the possession with intent to deliver conviction with the conviction for possession with intent to sell. As a Range I standard offender, Appellant was sentenced to twelve years for attempted second-degree murder, six years for aggravated assault, two years for each count of reckless endangerment, two years for possession of marijuana with intent to sell, eleven months and twenty-nine days for possession of drug paraphernalia, and two years for possession of a deadly weapon with intent to employ it during the commission of a felony. All sentences were ordered to run concurrently. URL:http://www.tba.org/tba_files/TCCA/emersoda_opn.WP6 LARRY G. HART vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MS. NAN BARLOW JOHN KNOX WALKUP Attorney At Law Attorney General & Reporter P.O. Box 398 Savannah, TN 38372 SANDY R. COPOUS Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 JOHN OVERTON Assistant Attorney General Hardin County Courthouse Savannah, TN 38372 Judge:WITT First Paragraph: The defendant, Larry G. Hart, appeals from the Hardin County Circuit Court's dismissal of his post-conviction petition. The defendant was convicted in the trial court on December 13, 1993 of possession of more than .5 grams of cocaine (Schedule II) with intent to sell, and this court affirmed the conviction on June 29, 1995. State v. Larry G. Hart, No. 02C01-9406-CC 00111 (Tenn. Crim. App., Jackson, June 28, 1995), supplemental opinion on motion for rehearing (Tenn. Crim. App., Jackson, July 26, 1995). The post conviction matter now before us was initiated by the filing of a post-conviction petition in the trial court on March 20, 1996. After the appointment of counsel and the filing of a brief and an amended petition, a post-conviction hearing was held on July 29, 1996. The trial court entered an order on August 7, 1996, denying post-conviction relief. It is from this order that the defendant appeals. After a complete review of the record and the briefs, we affirm. URL:http://www.tba.org/tba_files/TCCA/hartlg_opn.WP6 STATE OF TENNESSEE vs. JAMES H. MABRY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Seymour S. Rosenberg John Knox Walkup Attorney at Law Attorney General & Reporter 371 Carroll Avenue Memphis, TN 38105 Deborah A. Tullis Assistant Attorney General Cordell Hull Building, 2d Floor 425 Fifth Avenue North Nashville, TN 37243 William L. Gibbons District Attorney General Charles W. Bell, Jr. Assistant District Attorney General 201 Poplar Avenue, Suite 301 Memphis, TN 38103 Judge:SUMMERS First Paragraph: The appellant, James H. Mabry, was convicted by a jury of first degree murder and sentenced to life in prison for the shooting death of his girlfriend, Aretha Howard. The appellant's sole issue for our review is whether the evidence is sufficient regarding premeditation to support his conviction for first degree murder. We reverse the judgment of first degree murder, modify it to second degree murder, and remand the case to the trial court for the appellant's sentencing for second degree murder. URL:http://www.tba.org/tba_files/TCCA/mabryjam_opn.WP6 STATE OF TENNESSEE vs. LARRY TORRES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A C Wharton, Jr. John Knox Walkup Shelby County Public Defender Attorney General & Reporter Walker Gwinn Janis L. Turner Assistant Public Defender Counsel for the State Criminal Justice Division William C. Moore, Jr. 450 James Robertson Parkway Assistant Public Defender Nashville, TN 37243-0493 201 Poplar Avenue, Ste 201 Memphis, TN 38103 William L. Gibbons (At Trial) District Attorney General John Campbell Asst District Attorney General Jerry R. Kitchen Asst District Attorney General 201 Poplar Avenue, Suite 301 Memphis, TN 38103 Judge:SUMMERS First Paragraph: Larry Torres, the appellant, pled guilty in the Shelby County Criminal Court to the unlawful possession of over ten pounds of marijuana with intent to sell. He agreed to a three-year sentence. The trial court denied Mr. Torres' petition for a suspended sentence. Appellant appeals, arguing that the trial court should have imposed a sentence of split confinement or probation. We affirm. URL:http://www.tba.org/tba_files/TCCA/torresla_opn.WP6 MICHAEL ALLEN UNDERWOOD vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: DAVID M. LIVINGSTON 111 West Main Street Brownsville, TN 38012 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter KENNETH W. RUCKER Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General TERRELL L. HARRIS Assistant District Attorney General 201 Poplar Street, Suite 301 Memphis, TN 38103-1947 Judge:RILEY First Paragraph: The petitioner, Michael Allen Underwood, appeals the trial court's denial of post-conviction relief. The trial court found the state met its burden of proving by clear and convincing evidence the petitioner knowingly and voluntarily pled guilty to various offenses. The judgment of the trial court is affirmed. URL:http://www.tba.org/tba_files/TCCA/underwoo_opn.WP6
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