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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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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