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TBALink Opinion-Flash
March 25, 1998 -- Volume #4 -- Number #055
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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- 00-New Opinons From TSC
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George Dean
TBALink Chief Editor
STATE OF TENNESSEE, DEPARTMENT OF CHILDREN SERVICES vs. SHIRLEY MARIE DARR Court:TCA Attorneys: For Appellant For Appellee CAROL ANN BARRON JOHN KNOX WALKUP Dayton, Tennessee Attorney General and Reporter Nashville, Tennessee DOUGLAS EARL DIMOND Assistant Attorney General General Civil Division Nashville, Tennessee Judge:Susano First Paragraph: The trial court terminated the parental rights of Shirley Marie Darr ("Mother") with respect to her minor children, Heather M. Stanley (DOB: February 12, 1989) and Tonya J. Stanley (DOB: January 11, 1991). Mother appealed, contending that the evidence preponderates against the trial court's determination that grounds exist to terminate her parental rights. URL:http://www.tba.org/tba_files/TCA/darrsm_opn.WP6
DAVID HICKS
vs.
GENE E. COX and CONNIE WHITTAKER
Court:TCA
Attorneys:
For Appellant For Appellees
JAMES L. ARNOLD PHILIP R. CRYE, JR.
LaFollette, Tennessee Magill, Crye & Cizek
Clinton, Tennessee
Judge:Susano
First Paragraph:
The plaintiff, David Hicks ("Hicks"), sued Gene E. Cox ("Cox") and
Connie Whittaker ("Whittaker"), each of whom owns an interest in
property immediately adjacent to Hicks' subdivision lot, seeking to
enforce deed restrictions that prohibit, among other things, the
placing of "trailers" on the defendants' property. The trial court
held that, even assuming the restrictions pertaining to the
defendants' property were broad enough to cover Whittaker's
single-wide mobile home, the "enforcement of such restriction has been
waived or [Hicks] should be estopped to enforce same." Hicks
appealed, arguing that the single-wide mobile home is a "trailer," as
that term is used in the restrictive covenants; that the trial court
erred in admitting hearsay testimony as to the developer's intent with
respect to the use of the word "trailers"; and, finally, that the
trial court erred when it ruled that Hicks was precluded from
enforcing the restrictive covenant against "trailers" under the
doctrines of waiver and estoppel.
URL:http://www.tba.org/tba_files/TCA/hicksd_opn.WP6
TRULA MUGFORD REALTY
vs.
CLAY LETHCO
Court:TCA
Attorneys:
For Appellant For Appellee
ANDREW J. EVANS, JR. CREED A. DANIEL
Knoxville, Tennessee Rutledge, Tennessee
Judge:Susano
First Paragraph:
The plaintiff real estate agency brought this civil action to recover
a commission allegedly due it for services rendered with respect to
the sale of 114.5 acres of real property in Grainger County.
Following a bench trial, the Circuit Court dismissed the complaint,
predicated primarily on the fact that the sale did not close. The
plaintiff appealed, arguing that it is entitled to a commission under
the terms of the listing agreement signed by the defendant.
URL:http://www.tba.org/tba_files/TCA/mugfordt_opn.WP6
DAVID ALBERT BARGER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DAVID ALBERT BARGER, pro se JOHN KNOX WALKUP
#118579, N.E.C.C. Attorney General & Reporter
P.O. Box 5000
Mountain City, TN 37683-5000 MICHAEL J. FAHEY, II
Assistant Attorney General
2nd Floor, Cordell Hull Bldg
425 Fifth Avenue North
Nashville, TN 37243
C. BERKELEY BELL, JR.
District Attorney General
109 Main Street
Greeneville, TN 37743
Judge:WOODALL
First Paragraph:
Petitioner, David Barger, appeals the denial of his petition for
post-conviction relief. Petitioner pled guilty to the offenses of
armed robbery on September 18, 1987, and no direct appeal from that
plea was made. On January 15, 1997, Petitioner filed a petition for
post-conviction relief on the grounds of ineffective assistance of
counsel resulting in an involuntary guilty plea. The trial court
dismissed the petition without a hearing because it was filed outside
the statute of limitations. Petitioner appeals on the basis that the
late-filed petition is an exception under Burford v. State, 845 S.W.2d
204 (Tenn. 1992). We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/bargerda_opn.WP6
ROCKY LEE COKER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROCKY LEE COKER, pro se JOHN KNOX WALKUP
#108069, STSRCF, Unit 6 Attorney General & Reporter
Route 4, Box 600
Pikeville, TN 37367 MARVIN E. CLEMENTS, JR.
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
WILLIAM COX
District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
Judge:WOODALL
First Paragraph:
The Petitioner, Rocky Lee Coker, appeals from the order dismissing his
pro se petition for post-conviction relief in the Criminal Court for
Hamilton County. The trial court found that Petitioner's grounds for
relief have been previously determined or waived, and that Petitioner
did not allege any ground for relief which was created or arose after
his prior post-conviction petitions were heard. In this appeal,
Petitioner contends that the trial court erred in dismissing his
petition on the basis of Tennessee Code Annotated section 40-30-202(a)
and on the trial court's failure to allow Petitioner to amend his
petition or to submit proof. We affirm the judgment of the trial
court.
URL:http://www.tba.org/tba_files/TCCA/cokerrl_opn.WP6
STATE OF TENNESSEE
vs.
CHARLES E. LAKINS
Court:TCCA
Attorneys:
For the Appellant For the Appellee
Michael G. Hatmaker John Knox Walkup
571 Main Street Attorney General & Reporter
P.O. Drawer 417
Jacksboro, TN. 37757 Timothy F. Behan
Assistant Attorney General
2nd Floor Cordell Hull Building
425 Fifth Avenue North
Nashville, TN. 37243-0493
William Paul Phillips
District Attorney General
E. Shayne Sexton
Assistant District Attorney General
P.O. Box 323
Jacksboro, TN. 37757
Michael O. Ripley
Assistant District Attorney General
P.O. Box 323
Jacksboro, TN. 37757
Judge:BARKER
First Paragraph:
The appellant, Charles E. Lakins, appeals as of right the convictions
and sentences he received in the Criminal Court of Claiborne County.
After a trial by jury, the appellant was convicted of possession with
intent to sell a Schedule II controlled substance, to wit: cocaine, in
an amount in excess of twenty six (26) grams, a Class B felony; and
possession with intent to deliver drug paraphernalia, to wit:
inosital, a Class E felony. The trial court sentenced the appellant
as a Range I standard offender to ten (10) years for possession of
cocaine with intent to sell and to one (1) year for possession of drug
paraphernalia with intent to deliver. The sentences were ordered to
run concurrently for a total effective sentence of ten (10) years in
the Tennessee Department of Correction.
URL:http://www.tba.org/tba_files/TCCA/lakincel_opn.WP6
STATE OF TENNESSEE
vs.
MICHAEL D. LEACH
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CHARLES W. BURSON MICHAEL G. HATMAKER
Attorney General & Reporter P.O. Box 417, 571 Main Street
Jacksboro, TN 37757
SANDY R. COPOUS
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
JAMES N. RAMSEY
District Attorney General
JAN HICKS
Assistant District Attorney General
127 Anderson County Courthouse
Clinton, TN 37716
Judge:CLARK
First Paragraph:
The State of Tennessee appeals from the action of the Anderson County
Criminal Court dismissing the indictment against the appellee for
driving under the influence of an intoxicant. The trial court held
that defendant's prosecution violated his right against double
jeopardy. The judgment of the trial court is reversed.
URL:http://www.tba.org/tba_files/TCCA/leach_opn.WP6
GROVER LIVESAY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GROVER LIVESAY, pro se JOHN KNOX WALKUP
#218956, N.W.C.C. Attorney General & Reporter
P.O. Box 5000
Mt. City, TN 37683 SANDY C. PATRICK
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
C. BERKELEY BELL, JR.
District Attorney General
Greene County Office Complex
113-J West Church Street
Greeneville, TN 37745
Judge:WOODALL
First Paragraph:
The Petitioner, Grover Livesay, appeals as of right the trial court's
dismissal of his petition for post-conviction relief. We affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/livesayg_opn.WP6
STATE OF TENNESSEE
vs.
JAMIE LEE PITTMAN
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Johnny D. Houston, Jr. Charles W. Burson
717 Georgia Avenue Attorney General and Reporter
Chattanooga, TN 37402
Clinton J. Morgan
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
William H. Cox III
District Attorney General
Rebecca J. Stern
Asst. District Attorney General
Suite 300, Courts Building
600 Market Street
Chattanooga, TN 37402
Judge:Hayes
First Paragraph:
The appellant, Jamie Lee Pittman, was found guilty by a Hamilton
County jury of aggravated robbery, robbery, and carrying a dangerous
weapon. The trial court subsequently imposed an effective sentence of
twelve years in the Department of Correction.
URL:http://www.tba.org/tba_files/TCCA/pitmanjl_opn.WP6
CHARLES SHELTON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CHARLES SHELTON, pro se JOHN KNOX WALKUP
#117031, N.E.C.C. Attorney General & Reporter
P.O. Box 5000
Mountain City, TN 37683-5000 ELLEN H. POLLACK
Assistant Attorney General
2nd Floor, Cordell Hull Bldg
425 Fifth Avenue North
Nashville, TN 37243
C. BERKELEY BELL, JR.
District Attorney General
Greene County Office Complex
113-J West Church Street
Greeneville, TN 37745
Judge:WOODALL
First Paragraph:
The Petitioner, Charles Shelton, appeals the order of the Greene
County Criminal Court dismissing his pro se petition for
post-conviction relief. The trial court found that the petition was
filed outside the statute of limitations. In this appeal, Petitioner
raises numerous issues which can collectively be summarized as
challenging the trial court's ruling that the petition for
post-conviction relief is time barred. After a review of the record,
we affirm the trial court's denial of post conviction relief.
URL:http://www.tba.org/tba_files/TCCA/sheltonc_opn.WP6
JAMES W. SMITH
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES W. SMITH, pro se JOHN KNOX WALKUP
#229668, S.T.S.R.C.F. Attorney General & Reporter
Route 4, Box 600
Pikeville, TN 37367 TIMOTHY F. BEHAN
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
J. MICHAEL TAYLOR
District Attorney General
JAMES W. POPE, III
Assistant District Attorney General
First American Bank Bldg., 3rd Floor
Dayton, TN 37321
Judge:WOODALL
First Paragraph:
The Petitioner, James W. Smith, appeals the order of the Rhea County
Circuit Court dismissing his pro se petition for post-conviction
relief. The trial court found that the petition was filed outside the
statute of limitations. After a review of the record, we affirm the
trial court.
URL:http://www.tba.org/tba_files/TCCA/smithjw_opn.WP6
STATE OF TENNESSEE
vs.
EMORY WOOD
Court:TCCA
Attorneys:
FOR THE APPELLEE: FOR THE APPELLANT:
PHILLIP L. DUVAL JOHN KNOX WALKUP
537 Market Street, Suite 204 Attorney General & Reporter
Chattanooga, TN 37402
ELLEN H. POLLACK
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
WILLIAM COX
District Attorney General
C. PARKE MASTERSON
Asst District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
Judge:WOODALL
First Paragraph:
The Appellant, the State of Tennessee, brings this appeal as of right
following a hearing regarding a motion to suppress evidence. The
Hamilton County Grand Jury indicted the Appellee, Emory Wood, for
driving under the influence of an intoxicant and possession of a
pistol with the intent to go armed. Appellee filed a motion to
suppress all of the evidence discovered through a search of his person
and his vehicle. A hearing was conducted by the trial court, and the
trial court granted the motion to suppress the evidence. The State
appeals on the basis that the evidence was found after a reasonable
stop and a lawful search of Wood's car. We affirm the judgment of the
trial court.
URL:http://www.tba.org/tba_files/TCCA/woode_opn.WP6
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