-
TBALink Opinion-Flash
March 13, 1998 -- Volume #4 -- Number #047
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
- 01-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 01-New Opinons From TCA
- 07-New Opinons From TCCA
- 00-New Opinons From TSC
There are three ways to get the full opinion from the Web: (TBALink members only)
- 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
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
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank
© Copyright 1996-1997 Tennessee Bar Association - This Issue (IN THIS ORDER):