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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ELIZABETH BRIGHT and THOMAS C. BRIGHT, III vs. SPAGHETTI WAREHOUSE, INC. Court:TCA Attorneys: ROGER W. DICKSON OF CHATTANOOGA FOR APPELLANT F. FERBER TRACY OF CHATTANOOGA FOR APPELLEE Judge:Goddard First Paragraph: Elizabeth Bright and Thomas C. Bright, III, appeal the dismissal of their case from the Circuit Court of Hamilton County. The Brights filed their lawsuit on August 11, 1995, claiming, inter alia, that Spaghetti Warehouse, Inc., had fraudulently induced them to form a corporation and purchase a Spaghetti Warehouse franchise. The Brights requested relief in the form of damages not to exceed $2.5 million, the trebling of actual damages in accordance with the Texas Deceptive Trade Practices - Consumer Protection Act, and attorney fees plus court costs and costs of collection. URL:http://www.tba.org/tba_files/TCA/brighte_opn.WP6 DEBBY W. CALKINS vs. JAMES C. CALKINS Court:TCA Attorneys: Stephen K. Barrett, Knoxville, for Appellant. William A. Mynatt, Jr., Knoxville, for Appellee. Judge:INMAN First Paragraph: A final judgment of divorce was entered in Louisiana in June 1993, which, inter alia, awarded the plaintiff custody of the children and $1,050.00 monthly child support. URL:http://www.tba.org/tba_files/TCA/calkins_ca3.WP6 DELPHIA M. GREENMAN vs. BYRON HUTCHINS Court:TCA Attorneys: CHRISTOPHER VAN RIPER, Stuart & Van Riper, Clinton, for Appellant. PAUL E. DUNN, CANDIS D. LASLEY, Dunn, MacDonald & Coleman, Knoxville, and ROGER L. RIDENOUR, Ridenour, Ridenour & Fox, Clinton, for Appellee. Judge:INMAN First Paragraph: In this case, we are asked to review the propriety of the action of the trial court in directing a verdict in favor of the defendant, Byron Hutchins. The plaintiff, Delphia Greenman, alleged in her complaint that the defendant, Byron Hutchins, was the driver of a truck in which she was a passenger. She further alleged that as a result of his negligence the truck was involved in an accident in which she was injured. URL:http://www.tba.org/tba_files/TCA/greenmnd_opn.WP6 FORTUNEE HOFFMAN vs. BARRY LYNN HOFFMAN Court:TCA Attorneys: DAVID E. CAYWOOD and DARRELL D. BLANTON OF MEMPHIS FOR APPELLANT WILLIAM H. HORTON OF CHATTANOOGA FOR APPELLEE Judge:Goddard First Paragraph: Fortunee Hoffman and Barry Lynn Hoffman both appeal a divorce judgment rendered by the Hamilton County Circuit Court. URL:http://www.tba.org/tba_files/TCA/hoffmanf_opn.WP6 MARVIN LEE SPENCER vs. TIM HUTCHISON, Sheriff and KNOX COUNTY, TENNESSEE Court:TCA Attorneys: SAM G. SMITH, JR., OF KNOXVILLE FOR APPELLANT WENDALL HALL, Deputy Law Director, OF KNOXVILLE FOR APPELLEES Judge:Goddard First Paragraph: Appellant Marvin Lee Spencer appeals dismissal of his suit against Appellees Tim Hutchison, Sheriff of Knox County, and Knox County, Tennessee. His complaint alleges that while incarcerated in a Knox County penal institution he suffered injuries by reason of the negligence of the Appellees. URL:http://www.tba.org/tba_files/TCA/spencerm_opn.WP6 IN RE: THE ESTATE OF HENRY M. SWANAY Court:TCA Attorneys: Judith Fain, Johnson City, for the Appellant. John S. Taylor, Johnson City, for the Appellee. Judge:INMAN First Paragraph: The last will and testament of Henry M. Swanay, who died September 28, 1995, was propounded for probate on February 23, 1996. He devised and bequeathed his entire estate to his daughter, Carrie Swanay, whom he named Executrix. URL:http://www.tba.org/tba_files/TCA/swanay_ca3.WP6 STATE OF TENNESSEE vs. SCOTT ANDERSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LAURA RULE HENDRICKS JOHN KNOX WALKUP Eldridge, Irvine & Hendricks Attorney General & Reporter 606 West Main Street, Suite 350 P.O. Box 84 GEORGIA BLYTHE FELNER Knoxville, TN 37901-0084 Assistant Attorney General Cordell Hull Building, 2nd Floor RAYMOND MACK GARNER 425 Fifth Avenue North District Public Defender Nashville, TN 37243-0493 NATALEE HURLEY MICHAEL L. FLYNN Assistant Public Defender District Attorney General 415 High Street Maryville, TN 37804 PHILIP MORTON Asst District Attorney General 363 Court Street Maryville, TN 37804 Judge:CLARK First Paragraph: The appellant, Scott Anderson, appeals as of right from the revocation of his probation by the Blount County Circuit Court. He argues that the trial court abused its discretion by permitting hearsay testimony during his revocation hearing and by failing to make adequate findings. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/andersns_opn.WP6 JAMES H. CRAWFORD vs. STATE OF TENNESSEE Court:TCCA Judge:JONES First Paragraph: This matter is before the Court upon the state's motion to affirm the trial court judgment by order under Rule 20, Rules of the Court of Criminal Appeals. This case represents an appeal from the trial court's dismissal of the petitioner's petition for writ of habeas corpus. The record has been filed and the petitioner has submitted his appellate brief. URL:http://www.tba.org/tba_files/TCCA/crawford_ord.WP6 STATE OF TENNESSEE vs. RICKY DAVIS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARK E. STEPHENS JOHN KNOX WALKUP District Public Defender Attorney General & Reporter PAULA R. VOSS CLINTON J. MORGAN DAVID M. GALL Assistant Attorney General Assistant Public Defenders Cordell Hull Building, 2nd Floor 1209 Euclid Avenue 425 Fifth Avenue North Knoxville, TN 37921 Nashville, TN 37243-0493 RANDALL E. NICHOLS District Attorney General ZANE SCARLETT Asst District Attorney General City-County Building Knoxville, TN 37902 Judge:CLARK First Paragraph: The appellant, Ricky Davis, appeals as of right from the revocation of his probation, alleging that the trial court abused its discretion by revoking his probation for reasons not set forth in the violation warrant and not articulated in the record. We affirm the decision of the trial court. URL:http://www.tba.org/tba_files/TCCA/davisr_opn.WP6 STATE OF TENNESSEE vs. FREDERICK OTTITUS EDWARDS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN E. HERBISON JOHN KNOX WALKUP 2016 Eighth Ave., South Attorney General & Reporter Nashville, TN 37204 (On Appeal) RUTH A. THOMPSON Counsel for the State JOSEPH P. ATNIP 425 Fifth Ave., North Public Defender Cordell Hull Bldg., Second Fl. P.O. Box 734 Nashville, TN 37243-0493 Dresden, TN 38225 (At Trial) THOMAS A. THOMAS District Attorney General JIM CANNON Asst. District Attorney General P.O. Box 218 Union City, TN 38261 Judge:CLARK First Paragraph: A Weakley County jury convicted the defendant of four counts of sale of less than 0.5 grams of cocaine. The trial court sentenced him to serve six years on each conviction and ordered the sentences to run concurrently. The defendant was also fined two thousand dollars ($2000). In this appeal as of right, the defendant challenges the sufficiency of the evidence for one of his convictions, the uncorroborated accomplice testimony, and the length of his sentences. After a review of the record and applicable law, we reverse and dismiss one of the defendant's convictions for selling cocaine, but affirm his remaining convictions and the sentences ordered for each of those convictions. URL:http://www.tba.org/tba_files/TCCA/edwardsf_opn.WP6 STATE OF TENNESSEE vs. WARREN TYRONE FOWLER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: EDWARD C. MILLER JOHN KNOX WALKUP P.O. Box 416 Attorney General & Reporter Dandridge, TN 37725-0416 ELLEN H. POLLACK Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 JAMES L. GASS Assistant Dist. Attorney General P.O. Box 70 Dandridge, TN 37725-0070 Judge:CLARK First Paragraph: A Jefferson County Circuit Court jury convicted the defendant, Warren Tyrone Fowler, of felony vandalism, two counts of aggravated assault, and felony evading arrest. He appeals these convictions pursuant to Tennessee Rule of Appellate Procedure 3. On appeal, he claims (1) the evidence is insufficient to convict him of any of the offenses and (2) the trial court erred in failing to instruct the jury on the lesser included offense of facilitation of each of the felony offenses. After hearing the parties' arguments and reviewing the record, the briefs, and the applicable law, we affirm the trial court's judgment. URL:http://www.tba.org/tba_files/TCCA/fowlerwt_opn.WP6 STATE OF TENNESSEE vs. JON DOUGLAS HALL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JESSE H. FORD, III JOHN KNOX WALKUP CLAYTON F. MAYO Attorney General and Reporter 618 N. Highland Jackson, TN 38301 KENNETH W. RUCKER Asst. Attorney General 425 Fifth Ave. N. Cordell Hull Bldg., 2nd Fl. Nashville, TN 37243-0493 JAMES G. WOODALL District Attorney General ALFRED LYNN EARLS Asst. District Attorney General Lowell Thomas State Office Bldg. Jackson, TN 38301 Judge:PEAY First Paragraph: The defendant was indicted for the premeditated first-degree murder of his estranged wife, Billie Jo Hall. Upon the defendant's motion, the case was transferred from Henderson County to Madison County. On February 5, 1997, the jury returned a guilty verdict on the charge of first-degree murder. After a sentencing hearing held that same day, the jury sentenced the defendant to death. The jury found that the murder was especially heinous, atrocious, or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death. T.C.A. S 39-13-204(i)(5). URL:http://www.tba.org/tba_files/TCCA/halljd_opn.WP6 GARY S. MAYES vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Rex A. Dale John Knox Walkup Attorney at Law Attorney General & Reporter 208 Bank Street Lenoir City, TN 37771 Ellen H. Pollack Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Charles Hawk District Attorney General Frank Harvey Asst District Attorney General P.O. Box 703 Kingston, TN 37763-0703 Judge:SUMMERS First Paragraph: The petitioner, Gary S. Mayes, filed a petition for habeas corpus and/or post-conviction relief in the criminal court at Loudon County. The court denied the petition as barred by the statute of limitations. The petitioner appealed. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/mayesgar_opn.WP6 STATE OF TENNESSEE vs. JAMES MCCLENTON Court:TCCA Judge:JONES First Paragraph: This matter is before the Court upon the state's motion to dismiss. Based upon our review of the entire record before the Court, including the appellant's response to the state's motion, we affirm the judgment of the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. URL:http://www.tba.org/tba_files/TCCA/mcclent1_ord.WP6 HARRY MCLEMORE, JR. vs. ALTON HESSON, WARDEN Court:TCCA Judge:JONES First Paragraph: This case represents an appeal from the denial of the petitioner's petition for writ of habeas corpus. The petitioner was originally indicted on one count of rape in May 1965, and he was subsequently convicted of the same and sentenced to life imprisonment. In July 1997, the petitioner filed a petition for a writ of habeas corpus challenging the sufficiency of the indictment entered against him. The trial court denied relief. URL:http://www.tba.org/tba_files/TCCA/mclemore_ord.WP6
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