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TBALink Opinion-Flash
May 1, 1998 -- Volume #4 -- Number #071
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.
- This Issue (IN THIS ORDER):
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 01-New Opinons From TSC-Workers Comp Panel
- 16-New Opinons From TCA
- 13-New Opinons From TCCA
- 00-New Opinons From TSC
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version of the opinion.
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George Dean
TBALink Chief Editor
GERALD GRAVES vs. LIBERTY MUTUAL INSURANCE COMPANY and SUPERIOR STEEL, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellants: For the Appellee: James T. Shea, IV Ralph Brown Baker, McReynolds, Byrne, Clint J. Woodfin O'Kane, Shea & Townsend Ralph Brown & Associates 607 Market St., 11th Fl 412 Executive Tower Drive P.O. Box 1708 Executive Tower II, Suite 304 Knoxville, TN 37901-1708 Knoxville, TN 37923 Judge:BYERS First Paragraph: In March 1995, the plaintiff in this case brought suit against Superior Steel, Inc. and Liberty Mutual Insurance Company ("the defendants") and the Second Injury Fund claiming that he was entitled to recover workers' compensation benefits for two work related injuries: a knee injury and an occupational disease. First, the trial judge found that the plaintiff had sustained a ten percent permanent partial disability to his right leg. Second, the trial judge found that the plaintiff was 100 percent permanently and totally disabled as a result of a chronic obstructive pulmonary disorder which he classified as an occupational disease because the plaintiff's condition was exacerbated by breathing diesel fumes during his employment with the defendant. The trial judge merged the two injuries and thereby awarded the plaintiff 100 percent disability benefits. URL:http://www.tba.org/tba_files/TSC_WCP/graves_wc.WP6
CITY OF BLAINE
vs.
JOHN COLEMAN HAYES
ASSOCIATES, INC.,
JOHN L. GILMORE, JR.,
RICHARD DEADMAN,
RICKY OAKLEY, and
ROBERT RAMSEY
Court:TCA
Attorneys:
Robert C. Edwards, Knoxville, for Appellant.
W. Lee Corbett & Associates, Nashville, for Appellees.
Judge:INMAN
First Paragraph:
On July 10, 1985, the City of Blaine [Blaine] and John Coleman Hayes
and Associates [Hayes] entered into a contract whereby Hayes agreed to
perform professional engineering services for Blaine in connection
with the construction of a waste water treatment and collection
system. The contract provided for arbitration if disagreements arose;
Blaine filed this complaint seeking rescission of the contract
alleging fraudulent inducement, while Hayes sought arbitration and a
stay of litigation. On appeal, we stayed the arbitration proceedings
until the rescission issue was resolved. See, City of Blaine v. John
Coleman Hayes, 818 S.W.2d 33 (Tenn. App. 1991).
URL:http://www.tba.org/tba_files/TCA/blaine_ca3.WP6
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
SHARON JEAN DAVIS
vs.
JIMMY JOE DAVIS
Court:TCA
Attorneys:
MARK E. STEPHENS, District Public Defender and PAULA R. VOSS,
Assistant Public Defender, Knoxville, for Appellant.
No appearance for appellee.
Judge:McMurray
First Paragraph:
The appellant, Jimmy Joe Davis, appeals from an order of protection
entered against him, effective for a period of one year, pursuant to
T.C.A. S 36-3-605.
URL:http://www.tba.org/tba_files/TCA/davissj_opn.WP6
STATE OF TENNESSEE,
DEPARTMENT OF CHILDREN'S
SERVICES
vs.
GAIL DENISE EPPS
IN THE MATTER OF:
DEANTWUNG DAVE,
REKENDRIA DAVE, and
LEBRON EPPS
Court:TCA
Attorneys:
KENTON HOLLOWAY, Chattanooga, for Appellant.
JOHN KNOX WALKUP, Attorney General and Reporter, and DOUGLAS EARL
DIMOND, Assistant Attorney General, for Appellee.
Judge:McMurray
First Paragraph:
In this action, Gail Denise Epps (Mother) appeals from an order of the
Hamilton County Juvenile Court terminating her parental rights to her
three oldest children, Deantwung Dave (DOB 12 19-86), Rekendria Dave
(DOB 3-9-90), and Lebron Epps (DOB 3-4-91). We affirm the judgment of
the trial court.
URL:http://www.tba.org/tba_files/TCA/eppsgd_opn.WP6
STEWART B. FOULKE, III,
and TERESA FOULKE
vs.
CITY OF GREENEVILLE,
TENNESSEE;
GREENE COUNTY,
TENNESSEE;
GREENEVILLE & GREENE
COUNTY EMS, and
MICHAEL J. McCRARY
Court:TCA
Attorneys:
Daniel B. Minor, Kingsport, for Appellants.
Jeffrey M. Ward, Greeneville, for Appellees.
Judge:INMAN
First Paragraph:
This is an action for damages for personal injuries arising from a
collision between a van driven by Mr. Foulke and a Greeneville EMS
ambulance at the intersection of the four-lane U. S. Highway 11-E and
American Road in Greene County on October 3, 1994. The Governmental
Tort Liability Act controls.
URL:http://www.tba.org/tba_files/TCA/foulke_ca3.WP6
BILL GREENE, ET AL.
vs.
ROBERT TODD EVANS, ET AL.
Court:TCA
Attorneys:
CLINTON R. ANDERSON, Morristown, for Plaintiffs-Appellants.
J. GREGORY BOWMAN, ROGERS, LAUGHLIN, NUNNALLY, HOOD & CRUM, P.C.,
Greeneville, for Defendants-Appellees.
Judge:Franks
First Paragraph:
This is an action for damages for personal injuries arising from a
collision between a van driven by Mr. Foulke and a Greeneville EMS
ambulance at the intersection of the four-lane U. S. Highway 11-E and
American Road in Greene County on October 3, 1994. The Governmental
Tort Liability Act controls.
URL:http://www.tba.org/tba_files/TCA/greeneb_opn.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:McMurray
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. The parties raise
various issues, hereinafter restated, one of which--relative to
alimony--is raised by both parties.
URL:http://www.tba.org/tba_files/TCA/hoffmanf_opn.WP6
JOHN C. McCLELLAN, JR.,
and wife, SANDRA McCLELLAN
vs.
DR. LOWELL D. STANLEY, JR.,
DR. M.R. FLYNN and UNIVERSITY
OF TENNESSEE HOSPITAL
Court:TCA
Attorneys:
DAVID W. BLANKENSHIP, Kingsport, for Plaintiffs-Appellants.
EDWARD G. WHITE, II and AMY V. HOLLARS, HODGES, DOUGHTY & CARSON,
Knoxville, for Defendants-Appellees, Lowell D. Stanley, Jr., M.D., and
M.R. Flynn, M.D.
Judge:Franks
First Paragraph:
In this medical malpractice action, the Trial Judge, responding to a
motion to dismiss on the ground that the action was barred by the
statute of limitations, dismissed the action. Plaintiffs have
appealed.
URL:http://www.tba.org/tba_files/TCA/mcclelln_opn.WP6
STATE OF TENNESSEE
vs.
JAMES MCCLENTON
Court:TCA
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/TCA/mcclent1_ord.WP6
SHANNON DAVIS MILLER d/b/a
FASHIONIQUE
vs.
IRENE B. HEMBREE and
MARIA H. CARRUTH
Court:TCA
Attorneys:
ROBERT L. BOWMAN, Kramer, Rayson, Leake, Rodgers & Morgan, Knoxville
for Appellant.
DAVID F. HARROD, Carter, Harrod & Cunningham, Athens, for Appellees.
Judge:McMurray
First Paragraph:
Plaintiff appeals from a summary judgment dismissing her complaint
against the defendants. In the complaint, the plaintiff sought
damages for breach of a lease agreement and negligence. The
defendants filed a motion to dismiss pursuant to Rule 12 and Rule 56,
Tennessee Rules of Civil Procedure, relying upon exculpatory clauses
in the written lease agreement between the parties. The lease
agreement was attached to the complaint as an exhibit pursuant to Rule
10.03, Tennessee Rules of Civil Procedure. The trial court upheld the
validity of the exculpatory clauses and dismissed the case. We affirm
the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCA/millersd_opn.WP6
C. M. REAGAN
vs.
TROY MALONE, SANDRA MALONE
and DAN CONNELLY
Court:TCA
Attorneys:
MARVIN BERKE OF CHATTANOOGA FOR APPELLANT DAN CONNELLY
SCOTT N. BROWN, JR., OF CHATTANOOGA FOR APPELLEE
Judge:Goddard
First Paragraph:
Defendant Dan Connelly appeals a judgment of the Chancery Court of
Hamilton County which found that he had guaranteed an indebtedness the
Defendants Troy and Sandra Malone owed C. M. Reagan, and thereupon
awarded a recovery as to the principal and interest accruing to August
31, 1996, in the amount of $128,762.90. He also awarded, in
accordance with the specific language of the guaranty, 25 percent for
collection costs in the amount of $32,190.73.
URL:http://www.tba.org/tba_files/TCA/reaganc_opn.WP6
SHANNON RUSSELL
vs.
DR. JAMES CRUTCHFIELD
Court:TCA
Attorneys:
WILLIAM D. VINES, III, and VONDA M. LAUGHLIN, BUTLER, VINES & BABB,
P.L.L.C., Knoxville, for Plaintiff.
DOUGLAS L. DUTTON and AMY V. HOLLARD, HODGES, DOUGHTY & CARSON,
Knoxville, for Defendant.
Judge:Franks
First Paragraph:
In this medical malpractice action the defendant appeals from a jury
verdict in favor of the plaintiff.
URL:http://www.tba.org/tba_files/TCA/russells_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:
In this medical malpractice action the defendant appeals from a jury
verdict in favor of the plaintiff.
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 Bldg, 2nd Fl
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/davisr2_opn.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
Asst 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.
WILLIAM ROBERT DIAZ
Court:TCCA
Attorneys:
For the Appellant For the Appellee
J. Thomas Marshall, Jr. John Knox Walkup
District Public Defender Attorney General & Reporter
101 South Main St., Ste. 450
Clinton, TN. 37716 Timothy F. Behan
Assistant Attorney General
425 Fifth Avenue North
2nd Floor Cordell Hull Bldg
Nashville, TN. 37243-0493
James N. Ramsey
District Attorney General
Janice G. Hicks
Asst District Attorney General
127 Anderson County Courthouse
Clinton, TN. 37716
Judge:BARKER
First Paragraph:
The appellant, William Robert Diaz, appeals as of right the
convictions and sentences he received in the Criminal Court of
Anderson County. After a jury trial, the appellant was convicted of
second degree murder and attempted second degree murder and was
sentenced as a Range I standard offender to twenty-two (22) years for
the murder and to twelve (12) years for attempted murder. The
sentences were ordered to be served concurrently.
URL:http://www.tba.org/tba_files/TCCA/diazwr_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:PEAY
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
Asst Dist. Attorney General
P.O. Box 70
Dandridge, TN 37725-0070
Judge:WITT
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.
JESSE JAMES GILBERT, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
John Knox Walkup Edward C. Miller
Attorney General & Reporter District Public Defender
Timothy F. Behan Robert W. Scott
Assistant Attorney General Assistant Public Defender
Criminal Justice Division Fourth Judicial District
425 Fifth Avenue North P.O. Box 416
Nashville, TN 37243-0493 Dandridge, TN 37725-0416
Al Schmutzer, Jr.
District Attorney General
James L. Gass
Asst District Attorney General
Fourth Judicial District
P.O. Box 70
Dandridge, TN 37725-0070
Judge:SUMMERS
First Paragraph:
The appellee, Jesse James Gilbert, Jr., was convicted by a jury of
rape in the Criminal Court of Jefferson County. The court sentenced
the appellee to serve one year in the county jail, with the remainder
of his sentence to be served in the community corrections program.
The state appealed. The issue is whether the court erred in
sentencing the appellant to community corrections when he was
convicted of a violent felony. We respectfully reverse the judgment
of the trial court and remand for resentencing.
URL:http://www.tba.org/tba_files/TCCA/gilbertj_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
STANLEY HARVILLE a/k/a,
STANLEY SALAHUDDIN
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GREGORY D. SMITH JOHN KNOX WALKUP
One Public Square, Ste. 321 Attorney General and Reporter
Clarksville, TN 37040
ELLEN H. POLLACK
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0490
JOE D. BAUGH, JR.
District Attorney General
RONALD DAVIS
Asst District Attorney General
P.O. Box 937
Franklin, TN 37065-0937
Judge:WELLES
First Paragraph:
The Petitioner, Stanley Harville a/k/a Stanley Salahuddin, appeals the
trial court's denial of his petition to correct his sentence without a
hearing. His sole issue on appeal is that the trial court erred in
summarily dismissing his petition. We affirm the judgment of the
trial court.
URL:http://www.tba.org/tba_files/TCCA/harvilst_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 Atty 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
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
STATE OF TENNESSEE
vs.
GARRETT RAINES
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL R. JONES JOHN KNOX WALKUP
Public Defender Attorney General and Reporter
DARYL J. BRAND
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243-0493
JOHN CARNEY
District Attorney General
DENT MORRISS
Asst District Attorney General
500 Souty Main Street
Springfield, TN 37172
Judge:WELLES
First Paragraph:
The Defendant, Garrett Raines, appeals as of right pursuant to Rule 3
of the Tennessee Rules of Appellate Procedure. He was convicted by a
Robertson County jury of rape of a child. The trial court sentenced
him to sixteen years imprisonment with the Department of Correction.
In this appeal, the Defendant argues that the trial court erred in
determining that the child-victim was competent to testify and that
the evidence was legally insufficient to support the verdict. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/rainesga_opn.WP6
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