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TBALink Opinion-Flash
April 14, 1998 -- Volume #4 -- Number #065
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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- 05-New Opinons From TSC
- 01-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 02-New Opinons From TCA
- 05-New Opinons From TCCA
- 05-New Opinons From TSC
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George Dean
TBALink Chief Editor
ROBIN M. COLE vs. DONAL CAMPBELL, COMMISSIONER Court:TSC Attorneys: For Appellant: For Appellee: Alfred H. Knight John Knox Walkup WILLIS & KNIGHT Attorney General & Reporter Nashville, Tennessee Michael E. Moore Solicitor General Patricia C. Kussmann Assistant Attorney General Nashville, Tennessee Judge:ANDERSON First Paragraph: We granted this appeal to determine whether a convicted felon has standing to seek public records in the possession of the Department of Correction pursuant to the Tennessee Public Records Act. URL:http://www.tba.org/tba_files/TSC/colerm_opn.WP6
STATE OF TENNESSEE
vs.
PERRY A. CRIBBS
Court:TSC
Attorneys:
FOR APPELLANT: FOR APPELLEE:
A.C. Wharton John Knox Walkup
District Public Defender Attorney General & Reporter
30th Judicial District
Memphis, Tennessee Michael E. Moore
Solicitor General
W. Mark Ward
Assistant Public Defender John P. Cauley
Memphis, Tennessee Assistant Attorney General
Nashville, Tennessee
Ron Johnson and
Betty Thomas John W. Pierotti
Assistant Public Defenders District Attorney General
Memphis, Tennessee 30th Judicial District
Memphis, Tennessee
James Wax and
David Shapiro
Asst District Attorneys General
Memphis, Tennessee
Judge:DROWOTA
First Paragraph:
In this capital case, the defendant, Perry Cribbs, was charged with
premeditated first degree murder, first degree murder during the
perpetration of an aggravated burglary, and first degree murder during
the perpetration of aggravated robbery for killing the victim, Linda
Harris, in her home on January 2, 1994. The jury found the defendant
guilty on all three counts. In the sentencing hearing, the jury found
two aggravating circumstances: (1) "[t]he defendant was previously
convicted of one or more felonies, other than the present charge,
whose statutory elements involve the use of violence to the person;"
and (2) "[t]he murder was committed while the defendant was engaged in
committing or was attempting to commit, a burglary." Tenn. Code Ann.
S 39-13-204(i)(2) and (7) (1991 Repl.). Finding that the two
aggravating circumstances outweighed mitigating circumstances beyond a
reasonable doubt, the jury sentenced the defendant to death by
electrocution.
URL:http://www.tba.org/tba_files/TSC/cribbspa_opn.WP6
URL:http://www.tba.org/tba_files/TSC/cribbsp_dis.WP6
URL:http://www.tba.org/tba_files/TSC/cribbs_dis.WP6
EDNA FORBES
vs.
WILSON COUNTY EMERGENCY
DISTRICT 911 BOARD AND
W. J. MCCLUSKEY
Court:TSC
Attorneys:
FOR APPELLANTS: FOR APPELLEES:
MARGARET L. BEHM W. GARY BLACKBURN
ANNE C. MARTIN BLACKBURN, SLOBEY, FREEMAN
DODSON, PARKER & BEHM & HAPPELL
NASHVILLE NASHVILLE
Judge:HOLDER
First Paragraph:
The plaintiff, Edna Forbes, was employed by the Wilson County
Emergency Communication District 911 Board ("911 Board"). She was
hired in May of 1991 as the Board's first 911 supervisor. In November
of 1992, Ms. Forbes began experiencing physical problems. Her
symptoms included bleeding, back pain, difficulty in walking and
fatigue. On March 22, 1993, she was diagnosed as having colon cancer
and scheduled for hospitalization and treatment that was to begin on
March 24, 1993.
URL:http://www.tba.org/tba_files/TSC/forbesed_opn.WP6
SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
April 13, 1998, 2:00 P.M. Release
Court:TSC - Rules
URL:http://www.tba.org/tba_files/TSC_RULES/statelst26_wpd.WP6
RUTH FRIAR
vs.
THE KROGER COMPANY
Court:TCA
Attorneys:
For Appellant For Appellee
ARCHIE R. CARPENTER BRUCE D. FOX
CHRISTOPHER HEAGERTY Ridenour, Ridenour & Fox
Carpenter & O'Connor Clinton, Tennessee
Knoxville, Tennessee
JOHN A. DAY
DONALD CAPPARELLA
Branham & Day, P.C.
Nashville, Tennessee
Judge:Susano
First Paragraph:
Ruth Friar sued The Kroger Company ("Kroger") seeking damages for
personal injuries sustained when she fell in Kroger's Oak Ridge store.
The trial court approved the jury's verdict for the plaintiff and
entered judgment in her favor for $210,000.
URL:http://www.tba.org/tba_files/TCA/friarr_opn.WP6
KENNETH C. QUARLES
vs.
JOHN RONALD SHOEMAKER and
NANCY CAROL SHOEMAKER
Court:TCA
Attorneys:
For Appellants For Appellee
BRIAN M. HOUSE RONALD D. GORSLINE
Weems & House Chambliss, Bahner & Stophel,
Chattanooga, Tennessee P.C.
Chattanooga, Tennessee
Judge:Susano
First Paragraph:
This dispute arose out of a lease of commercial property by the
plaintiff, Kenneth C. Quarles ("Quarles"), to the defendants, John
Ronald Shoemaker and his wife, Nancy Carol Shoemaker ("the
Shoemakers"). Quarles filed suit alleging that the Shoemakers had
breached the lease agreement by failing to pay rent. The Shoemakers
denied liability, claiming that Quarles had constructively evicted
them from the leased premises. Following a bench trial, the court
found that the Shoemakers had abandoned the lease and that Quarles was
entitled to damages of $9,123.47.
URL:http://www.tba.org/tba_files/TCA/quarlskc_opn.WP6
STATE OF TENNESSEE
vs.
GARY L. GREEN
Court:TCCA
Attorneys:
FOR THE APPELLANT:
F. MICHIE GIBSON, JR.
1416 Parkway Towers
404 James Robertson Parkway
Nashville, TN 37219-1501
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
VICTOR S. JOHNSON, III
District Attorney General
MARY P. HAUSMAN
CONNIE LYNN REGULI
Asst. District Attorneys General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
Judge:RILEY
First Paragraph:
The defendant, Gary L. Green, was convicted by a Davidson County jury
of especially aggravated kidnapping, aggravated assault and simple
assault. He was sentenced as a Range II offender to concurrent terms
of thirty (30) years for especially aggravated kidnapping, ten (10)
years for aggravated assault and eleven (11) months and twenty-nine
(29) days for simple assault. On appeal, he challenges the
sufficiency of the evidence for the kidnapping conviction and contends
that the trial court erred in allowing the state to introduce
photographs of the victim's injuries. Finding no error, we affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/greengl_opn.WP6
STATE OF TENNESSEE
vs.
DONALD TERRY MOORE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CHARLES R. RAY JOHN KNOX WALKUP
211 Third Ave., North Attorney General & Reporter
P.O. Box 198288
Nashville, TN 37219 LISA A. NAYLOR
Asst. Attorney General
Cordell Hull Bldg., Second Fl.
425 Fifth Ave., North
Nashville, TN 37243-0493
VICTOR S. JOHNSON, III
District Attorney General
LILA STATOM
-and-
ROGER MOORE
Asst. District Attorneys General
Washington Square, Suite 500
222 Second Ave., North
Nashville, TN 37201
Judge:PEAY
First Paragraph:
The Davidson County Grand Jury returned an eleven count indictment
against the defendant in April 1994. The defendant was charged with
three counts of rape of a child, two counts of aggravated kidnapping,
two counts of simple assault, one count of theft, one count of
robbery, and two counts of aggravated assault in the alternative.
Following a jury trial, he was convicted of one count of rape of a
child, one count of aggravated assault, and two counts of simple
assault. He received an effective sentence of twenty-seven and a half
years in the Tennessee Department of Correction and was fined a total
of fifty-six thousand dollars ($56,000).
URL:http://www.tba.org/tba_files/TCCA/mooredt_opn.WP6
THOMAS RAY TARPLEY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
J. MICHAEL O'NEIL JOHN KNOX WALKUP
P.O. Box 60125 Attorney General and Reporter
Nashville, TN 37206
LISA A. NAYLOR
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
VICTOR S. JOHNSON
District Attorney General
Washington Square Building
2nd Avenue North
Nashville, TN 37201
Judge:WELLES
First Paragraph:
The Petitioner, Thomas Ray Tarpley, appeals the trial court's order
denying his petition for writ of habeas corpus. He was indicted for
rape, aggravated kidnapping, robbery and assuming official character,
which led to his convictions for rape, aggravated kidnapping, assuming
official character and petit larceny. See State v. Thomas Ray
Tarpley, C.C.A. No. 1203, Hamilton County (Tenn. Crim. App.,
Knoxville, June 11, 1991) perm. to appeal denied (Tenn. 1991). He
argues that his convictions are void because the indictments charging
him with the offenses are fatally defective because they fail to
allege the requisite mens rea. We affirm the judgment of the trial
court dismissing the petition.
URL:http://www.tba.org/tba_files/TCCA/tarpletr_opn.WP6
KARN TOM THONGKUMGOOL
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. The petitioner
filed a response in opposition to the motion.
URL:http://www.tba.org/tba_files/TCCA/thongku1_ord.WP6
STATE OF TENNESSEE
vs.
SCOTTY WAYNE WHITE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Richard W. DeBerry John Knox Walkup
Asst. Public Defender Attorney General and Reporter
P. O. Box 663
Camden, TN 38320 Marvin E. Clements, Jr.
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
G. Robert Radford
District Attorney General
John Overton
Asst. District Attorney General
601 Main St., Hardin Co. Courthouse
Savannah, TN 38372
Judge:Hayes
First Paragraph:
The appellant, Scotty Wayne White, appeals as of right his conviction
for burglary, a class D felony. Following his conviction by a jury,
the Hardin County Circuit Court sentenced the appellant as a range II,
multiple offender to seven years incarceration in the Tennessee
Department of Correction. On appeal, the appellant first contends
that the evidence was insufficient as a matter of law to convict him
of burglary. In his second issue, the appellant contends that the
appellant's sentence of seven years is excessive based upon the
court's improper weighing of the mitigating factor applied.
URL:http://www.tba.org/tba_files/TCCA/whitesw_opn.WP6
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