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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- 04-New Opinons From TCA
- 09-New Opinons From TCCA
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HARRY LUTHER VS. BILLY COMPTON, ET AL Court:TCA Attorneys: Harry Luther, Pro Se James M. Glasgow; Elam & Glasgow of Union City, For Appellees Judge:CRAWFORD First Paragraph: Plaintiff/Appellant Harry Luther ("Luther") is incarcerated at the Lake County Regional Correctional Facility ("Correctional Facility"). On November 12, 1996, Luther was injured while working in the Correctional Facility's Vo tech shop building. A table top that was stored on a beam above the ground fell, striking Luther in the head. Luther was escorted to the Correctional Facility clinic, where he was treated for a two-inch laceration to his scalp. Luther complained of neck and spinal pain, dizziness, blurred vision, and a concussion. Defendant/Appellee Donna Klutts ("Nurse Klutts"), a nurse practitioner employed by the Correctional Facility, testified that the nurses were instructed to keep Luther in the clinic for eight hours and to conduct neurological checks every two hours. URL:http://www.tba.org/tba_files/TCA/lutherha_opn.WP6 LORRIE BETTS MURPHY, Ind. and as Mother and next Friend of April Murphy vs. JESSICA R. CHADWELL and GUY ANDERSON Court:TCA Attorneys: HARVEY L. GIPSON Memphis, Tennessee Attorney for Appellants WARREN D. McWHIRTER McWHIRTER & WYATT Memphis, Tennessee Attorney for Appellees Judge:HIGHERS First Paragraph: Plaintiff/Appellant, Lorie Betts Murphy ("Plaintiff") appeals the judgment of the trial court granting Defendant/Appellee's, Mid-Century Insurance Company ("Mid Century"), motion for summary judgment. For reasons state hereinafter, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/murphylb_opn.WP6 CYNTHIA A. PHILLIPS, PAUL PHILLIPS, JUDY WEBB, and GLENN WEBB vs. FRANCIS PEROT and KELLY L. PHILLIPS, by and through her legal guardian and parent, TERESA THURMAN, and TERESA THURMAN, Individually vs. FRANCIS CERIAC PEROT Court:TCA Attorneys: WESLEY A. CLAYTON DONALD D. GLENN WALDROP & HALL, P.A. Jackson, Tennessee Attorneys for Appellant JOHN W. PALMER Dyersburg, Tennessee Attorney for Appellees Cynthia A. Phillips and Judy Webb JOHN VAUGHN Tiptonville, Tennessee Attorney for Appellee Kelly L. Phillips Judge:HIGHERS First Paragraph: Defendant Francis Perot appeals the trial court's final judgment which denied the motions for new trial filed by Plaintiffs/Appellees but which suggested an additur to each of the verdicts rendered by the jury in favor of the Plaintiffs. We conclude that the evidence does not preponderate against the trial court's additurs and, thus, we affirm the trial court's judgment. URL:http://www.tba.org/tba_files/TCA/philipca_opn.WP6 URL:http://www.tba.org/tba_files/TCA/philipca_con.WP6 STATE OF TENNESSEE vs. ALTON B. APPLEGATE Court:TCCA Attorneys: For Appellant: For Appellee: Justin Johnson, Attorney Charles W. Burson Suite 205 Attorney General and Reporter 2131 Murfreesboro Road Nashville, TN 37217 Daryl J. Brand Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Bernard McEvoy Asst District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge:WADE First Paragraph: The defendant, Alton B. Applegate, was indicted by the Davidson County Grand Jury for driving under the influence of an intoxicant, third offense. Thereafter, the defendant pled guilty to DUI, second offense. The trial court imposed a sentence of eleven months and twenty-nine days in jail, all of which was suspended except for forty-five days. The defendant was prohibited from driving for two years and required to perform one hundred hours of public service, enter an alcohol treatment program, and submit to other conditions. The defendant attempted to reserve a certified question of law for appeal. See Tenn. R. Crim. P. 37(b)(2). Because he failed to comply with the mandatory requirements of Rule 37(b)(2), as interpreted in State v. Preston, 759 S.W.2d 647 (Tenn. 1988), and as confirmed in State v. Pendergrass, 937 S.W.2d 834 (Tenn. 1996), we must dismiss the appeal. URL:http://www.tba.org/tba_files/TCCA/aplgatab_opn.WP6 STATE OF TENNESSEE vs. FRANKLIN W. CAMPBELL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DEANNA BELL JOHNSON JOHN KNOX WALKUP 211 Third Avenue North Attorney General and Reporter Nashville, TN 37201 GEORGIA BLYTHE FELNER Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 VICTOR S. JOHNSON District Attorney General STEVE DOZIER Asst District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge:WELLES First Paragraph: The Defendant, Franklin W. Campbell, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He pleaded guilty to one count of simple robbery and was sentenced as a standard, Range I offender to six years of incarceration. The trial court denied probation and community corrections. The Defendant now appeals his sentence and argues that the trial court erred by sentencing him to the maximum sentence and for denying him an alternative to incarceration. We affirm the judgment of the trial court ordering the Defendant to serve his sentence in confinement but modify the length of the sentence to five years. URL:http://www.tba.org/tba_files/TCCA/campbelf_opn.WP6 JEFFREY STUART DICKS vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Greg W. Eichelman John Knox Walkup District Public Defender Attorney General and Reporter D. Clifton Barnes Amy L. Tarkington Assistant Public Defender Assistant Attorney General 1609 College Park Drive 450 James Robertson Parkway Box 11 Nashville, TN 37243-0493 Morristown, TN 37813 H. Greeley Wells, Jr. District Attorney General P.O. Box 526 Blountville, TN 37617 Judge:BARKER First Paragraph: In this capital case, the appellant, Jeffrey Stuart Dicks, appeals as of right the Greene County Criminal Court's dismissal of his fourth and fifth petitions for post conviction relief. URL:http://www.tba.org/tba_files/TCCA/dicksjsd_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/dicksjsd_dis.WP6 WILLIAM D. FARRAH vs. STATE OF TENNESSEE Court:TCCA Judge:WOODALL First Paragraph: This matter is before the Court upon the state's motion requesting that the judgment in the above-styled cause be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. Based on our review, we affirm the judgment of the trial court pursuant to Rule 20. URL:http://www.tba.org/tba_files/TCCA/farrah_ord.WP6 STATE OF TENNESSEE vs. BRIAN FELTS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: R. Todd Hansrote John Knox Walkup Attorney at Law Attorney General & Reporter 1 Public Square, Suite 400 425 Fifth Avenue, North Clarksville, TN 37040 Nashville, TN 37243 Ellen H. Pollack Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Dan M. Alsobrooks District Attorney General P.O. Box 580 Charlotte, TN 37036-0580 George C. Sexton Asst District Attorney General Humphreys County Courthouse Waverly, TN 37185 Judge:Jones First Paragraph: The appellant, Brian Felts (defendant), was convicted of theft, a Class D felony, and aggravated burglary, a Class C felony, by a jury of his peers. The trial court, finding the defendant to be a multiple offender, imposed the following Range II sentences: (a) for theft, confinement for four (4) years in the Department of Correction and (b) for aggravated burglary, confinement for eight (8) years in the Department of Correction. These two sentences are to be served concurrently, but the aggravated burglary sentence is to be served consecutively to a sentence in a Cheatham County case. One issue is presented for review. The defendant contends the trial court committed error of prejudicial dimensions by permitting the State of Tennessee (state) to cross-examine him about sworn testimony he gave in open court when he entered pleas of guilty to these same offenses. The pleas of guilty were later set aside in a post-conviction action. 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/feltsb_opn.WP6 STATE OF TENNESSEE vs. JERRY M. MULLICAN Court:TCCA Attorneys: FOR THE APPELLANT: JOHN H. HENDERSON District Public Defender 407-C Main Street P.O. Box 68 Franklin, TN 37065-0068 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter GEORGIA BLYTHE FELNER 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 defendant, Jerry M. Mullican, appeals as of right from a jury verdict of guilty to two (2) counts of attempted second degree murder and one (1) count of aggravated assault. The defendant was sentenced to eight (8) and twelve (12) years consecutively for the attempted murder charges and three (3) years concurrently for the aggravated assault charge. Defendant presents the following issues for review: (1) whether the evidence presented at trial was sufficient to support the convictions, and (2) whether the trial court improperly sentenced the defendant. The judgment of the trial court is affirmed. URL:http://www.tba.org/tba_files/TCCA/mullicje_opn.WP6 STATE OF TENNESSEE vs. GARY LYNN SMITH Court:TCCA Attorneys: For Appellant: For Appellee: Gerald L. Gulley John Knox Walkup P.O. Box 1708 Attorney General & Reporter Knoxville, TN 37901-1798 (on appeal only) Timothy Behan Assistant Attorney General Richard A. Tate 450 James Robertson Parkway Assistant Public Defender Nashville, TN 37243 0493 P.O. Box 839 Blountville, TN 37617 Barry Staubus Asst District Attorney General P.O. 526 Blountville, TN 37617 Judge:WADE First Paragraph: The defendant, Gary Lynn Smith, pled guilty to introducing drugs into a penal institute, a Class C felony. The trial court imposed a three-year sentence to be served in the Department of Correction. In this appeal of right, the defendant claims the trial court erred by denying an alternative sentence. URL:http://www.tba.org/tba_files/TCCA/smithgar_opn.WP6 STATE OF TENNESSEE vs. WANDA KAY ZAID Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Sherry D. Gouger John Knox Walkup Assistant Public Defender Attorney General & Reporter P.O. Box 220 425 Fifth Avenue, North Jasper, TN 37347-3427 Nashville, TN 37343-0493 OF COUNSEL: Clinton J. Morgan Counsel for the State Phillip A. Condra 425 Fifth Avenue, North District Public Defender Nashville, TN 37243-0493 P.O. Box 220 Jasper, TN 37347-3427 J. Michael Taylor District Attorney General 265 Third Avenue, Suite 300 Dayton, TN 37321 Thomas D. Hembree Asst District Attorney General P.O. Box 130 Jasper, TN 37347-0130 Judge:Jones First Paragraph: The appellant, Wanda Kay Zaid (defendant), was convicted of driving while under the influence, a Class A misdemeanor, reckless driving, a Class B misdemeanor, and resisting arrest, also a Class B misdemeanor, by a jury of her peers. The trial court imposed the following sentences: (a) driving while under the influence, a fine of $350 and confinement for fifteen (15) days, (b) reckless driving, a fine of $50 and confinement for fifteen (15) days, and (c) resisting arrest, a fine of $100 and confinement for five (5) days. The court ordered the defendant to serve the sentences for driving while under the influence and reckless driving concurrently, but ordered these sentences to be served consecutively to the sentence for resisting arrest. While the defendant presents five issues for review, these issues may be consolidated into three issues. The defendant contends (a) the evidence contained in the record is insufficient, as a matter of law, to support her convictions, (b) the indictment for resisting arrest does not state a crime, and (c) the sentences imposed by the trial court are excessive. 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 judgments of the trial court for driving while under the influence and resisting arrest should be affirmed, and the judgment for reckless driving should be reversed and the prosecution dismissed as the evidence is insufficient to support the conviction. URL:http://www.tba.org/tba_files/TCCA/zaidwk_opn.WP6
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