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TBALink Opinion-Flash
May 6, 1998 -- Volume #4 -- Number #073
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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SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL May 4, 1998 Court:TSC - Rules URL:http://www.tba.org/tba_files/TSC_RULES/statelst28_54.WP6
BATSON EAST-LAND CO., INC.,
vs.
RONNIE D. BOYD, as Assessor of
Property of Montgomery County,
Tennessee
Court:TCA
Attorneys:
Robert Clive Marks, MARKS, SHELL, MANESS & MARKS, Clarksville, TN
Attorney for Defendant/Appellant.
David E. Cypress, Nashville, Tennessee.
Attorney for Plaintiff/Appellee.
Judge:FARMER
First Paragraph:
Ronnie D. Boyd, the Assessor of Property of Montgomery County,
Tennessee, appeals the trial court's judgment which ruled that
eighty-nine percent (89%) of a parcel of real property owned by
Petitioner/Appellee Batson East-Land Company, Inc., was entitled to
"Greenbelt" status for the tax year 1991. We conclude that the
evidence does not preponderate against the trial court's ruling and,
thus, we affirm the trial court's judgment.
URL:http://www.tba.org/tba_files/TCA/batsonea_opn.WP6
CAR CONNECTION, INC.
vs.
AUTO BUYERS, INC.
Court:TCA
Attorneys:
Phillip C. Kelly, BOPR #2382
Gwynn K. Smith, BOPR #368
125 Public Square
Gallatin, Tennessee 37066
ATTORNEYS FOR PLAINTIFF/APPELLEE
Joel E. Jordan, #4047
STELTEMEIER & WESTBROOK
2002 Richard Jones Road, C-101
P.O. Box 150349
Nashville, Tennessee 37215-0349
ATTORNEY FOR DEFENDANT/APPELLANT
Judge:TODD
First Paragraph:
This suit was filed in General Sessions Court to collect a dishonored
check, but was appealed to the Circuit Court where a complaint was
filed stating more details of transactions involving the transfer of
ownership of two automobiles, a Honda and a Chevrolet.
URL:http://www.tba.org/tba_files/TCA/carconn_opn.WP6
CARVER PLUMBING COMPANY
vs.
MARTHA CONE BECK
Court:TCA
Judge:TODD
First Paragraph:
The appellee has filed a petition for rehearing in this cause which,
after due consideration, is denied.
URL:http://www.tba.org/tba_files/TCA/carverpc_ord.WP6
CONTOUR MEDICAL TECHNOLOGY, INC.
vs.
FLEXCON COMPANY, INC.
Court:TCA
Attorneys:
John F. Quinn
2200 First Union Tower
150 Fourth Avenue North
Nashville, TN 37219
ATTORNEY FOR PLAINTIFF/APPELLANT
Gregory Mitchell
The Southern Turf Building
222 Fourth Avenue North
Nashville, TN 37219
ATTORNEY FOR DEFENDANT/APPELLEE
Judge:TODD
First Paragraph:
The plaintiff, Contour Medical Technology, Inc., has appealed from a
partial summary judgment dismissing that part of plaintiff's claim
against the defendant, Flexcon Company, Inc., which seeks
consequential damages resulting from defects in material purchased by
plaintiff from defendant. The Trial Judge directed entry of final
judgment as provided by TRCP Rule 54.02.
URL:http://www.tba.org/tba_files/TCA/contourm_opn.WP6
HELEN COOKSEY
vs.
JERRY AND LOTTIE SHELLEY
Court:TCA
Attorneys:
CHRISTOPHER R. FOX
Lebanon, Tennessee
Attorney for Appellants
HELEN K. COOKSEY, pro se
Lebanon, Tennessee
Judge:HIGHERS
First Paragraph:
Defendants/Appellants, Jerry and Lottie Shelley ("defendants"), appeal
the judgment of the trial court affirming the decision of the Wilson
County General Sessions Court in favor of plaintiff/appellee, Helen
Cooksey ("plaintiff"). For reasons state hereinafter, we affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCA/cookseyh_opn.WP6
ROBERT C. DANIELS
vs.
CHARLES TRAUGHBER, Chairman,
TENNESSEE BOARD OF PAROLES, ET AL.
Court:TCA
Attorneys:
David L. Raybin, #3385
HOLLINS, WAGSTER & YARBROUGH, P.C.
2210 SunTrust Center, 424 Church Street
Nashville, Tennessee 37219
Joe Binkley, Sr., #2820
First American Center
315 Deaderick Street
Suite 2395
Nashville, Tennessee 37238-2395
ATTORNEYS FOR PLAINTIFF/APPELLANT
Patricia C. Kussman, #15506
Cordell Hull Building, Second Floor
425 Fifth Avenue South
Nashville, Tennessee 37243-0488
ATTORNEY FOR DEFENDANTS/APPELLEES
Judge:HIGHERS
First Paragraph:
The plaintiff, a prisoner in the custody of the Department of
Correction, filed in the Trial Court a petition for the writ of
certiorari from the action of the Board of Paroles on April 18, 1996,
rescinding its order of April 9, 1994, granting the prisoner a parole.
At the time of the rescission, the prisoner had not been released
from custody.
URL:http://www.tba.org/tba_files/TCA/danielsr_opn.WP6
URL:http://www.tba.org/tba_files/TCA/danielsr_con.WP6
URL:http://www.tba.org/tba_files/TCA/danielsr2_con.WP6
JOE ERWIN and SUSAN ERWIN,
as surviving parents and next of kin
of BETHANY SUZANNE ERWIN
vs.
JAMES M. ROSE, WADE MATHENY,
in his capacity as Sheriff of Maury
County, Tennessee, MAURY COUNTY
SHERIFF'S DEPARTMENT, MAURY
COUNTY, TENNESSEE, and
TRACY JOE LOVELL
Court:TCA
Judge:TODD
First Paragraph:
The appellants have filed a petition to rehear based on the Western
Section's opinion in Sims v. Stewart, No. 02A01-9706-CV-00123
(Jackson, Jan. 21, 1998). In Sims the court relied on an earlier case
of Dwight v. Tennessee Farmers Mut. Ins. Co., 701 S.W.2d 621 (Tenn.
App. 1985), and decided that the policy in question "provides that
reduction for worker's compensation benefits applies to damages and in
no way affects the coverage available." We think that Dwight stated
the opposite; it stated that coverage was reduced by any worker's
compensation benefits paid or payable.
URL:http://www.tba.org/tba_files/TCA/erwinj_reh.WP6
BARBARA ANN HALL and husband,
DAVID A. HALL,
vs.
ST. THOMAS HOSPITAL, RACHEL
KAISER, M.D., and DANIEL L.
STARNES, M.D.
Court:TCA
Attorneys:
J. P. Barfield, #11231
JOHNSON, SCRUGGS & BARFIELD
Suite 508, Cavalier Building
95 White Bridge Road
Nashville, Tennessee 37205
ATTORNEY FOR PLAINTIFFS/APPELLANTS
David A. King, #11559
CORNELIUS & COLLINS
2700 Nashville City Center
511 Union Street
Post Office Box 190695
Nashville, Tennessee 37219-0695
ATTORNEY FOR DEFENDANTS/APPELLEES
Judge:TODD
First Paragraph:
This is a medical malpractice suit in which the plaintiffs have
appealed from a summary judgment in favor of all defendants.
URL:http://www.tba.org/tba_files/TCA/hallba_opn.WP6
IN RE: ESTATE OF HAROLD L.
JENKINS, Deceased
HUGH C. CARDEN and DONALD
W. GARIS as Co-Executors of the
HAROLD L. JENKINS Estate
vs.
JONI L. JENKINS and KATHY L.
JENKINS,
Court:TCA
Attorneys:
Denty Cheatham, BPR #3993
Rose Palermo, BPR #3330
CHEATHAM & PALERMO
43 Music Square West
Nashville, Tennessee 37203
ATTORNEYS FOR PLAINTIFFS/APPELLEES
Charles W. McElroy
BOULT, CUMMINGS, CONNERS & BERRY, PLC
414 Union Street, Suite 1600
P.O. Box 198062
Nashville, Tennessee 37219
ATTORNEY FOR DEFENDANTS/APPELLANTS
Judge:TODD
First Paragraph:
This is yet another chapter in the administration of the estate of
Harold L. Jenkins, a popular entertainer whose stage name was "Conway
Twitty." The executors initiated the present proceeding to resolve
disputed rights of three devises in respect to the collection from
them of certain charges appearing on the records of the deceased. The
Probate Court resolved the issues in favor of the executors, and two
of the devises appealed.
URL:http://www.tba.org/tba_files/TCA/jenkinsh_opn.WP6
URL:http://www.tba.org/tba_files/TCA/jenkinsh_con.WP6
LUNN REAL ESTATE
INVESTMENTS, INC.
vs.
BOILER SUPPLY COMPANY,
INCORPORATED
Court:TCA
Attorneys:
H. Naill Falls, Jr., FALLS, RAMSEY & VEACH, P.L.C., Nashville, TN
Attorney for Plaintiff/Appellant.
Charles Patrick Flynn, Nashville, Tennessee
Attorney for Defendant/Appellee.
Judge:FARMER
First Paragraph:
This case involves a contractual dispute between the lessor and lessee
of certain commercial property. The appellant, Lunn Real Estate
Investments, Inc. (Lunn), leased the subject premises to the appellee,
Boiler Supply Company, pursuant to an agreement executed by the
parties on January 1, 1989. On August 31, 1995, Lunn served Boiler
Supply with written notice that it was requiring the latter to vacate
the premises by October 1, 1995. On October 5, 1995, Lunn filed a
detainer action in the general sessions court seeking possession of
the property. By order entered April 19, 1996, the court found the
claim for possession moot due to Boiler Supply's vacating of the
premises on November 30, 1995, but awarded Lunn a judgment for two
months holdover rent plus attorney's fees. Lunn appealed the decision
to circuit court where, after a hearing, a judgment was entered for
Lunn for $17,790. Lunn now appeals from that decision to this Court
requesting additional compensatory damages, due to Boiler Supply's
alleged failure to maintain the premises in accordance with the
contract, and attorney's fees. For the reasons set forth below, we
affirm.
URL:http://www.tba.org/tba_files/TCA/lunnre_opn.WP6
ELI MIKE, an individual, JAMES A.
SCHRAMPFER, an individual, and
JANE B. FORBES, as Trustee in
bankruptcy for the estate of DAVID L.
OSBORN
vs.
PO GROUP, INC., a Tennessee
corporation; JAMES W. (BILL)
ANDERSON, III, an individual; and
HAROLD L. JENKINS, an individual
Court:TCA
Attorneys:
John C. Tishler, #13441
TUKE, YOPP & SWEENEY
17th Floor, Third National Bank Bldg.
201 Fourth Avenue North
Nashville, Tennessee 37219-2040
ATTORNEY FOR PLAINTIFFS/APPELLANTS
William L. Harbison, #7012
Elizabeth B. Thompson, #14505
SHERRARD & ROE
424 Church Street, Suite 2000
Nashville, Tennessee 37219
D. Denty Cheatham
CHEATHAM & PALERMO
43 Music Square West
P.O. Box 121857
Nashville, Tennessee 37212-1857
ATTORNEYS FOR DEFENDANTS/APPELLEES
Judge:TODD
First Paragraph:
The captioned plaintiffs' have appealed from a summary judgment
dismissing plaintiffs' actions against the corporate defendant for the
value of their stock as dissenting minority shareholders and their
action against the individual defendants for breach of fiduciary duty
as corporate directors.
URL:http://www.tba.org/tba_files/TCA/mikeeli_opn.WP6
BILLY ALDRIDGE
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIAM K. RANDOLPH JOHN KNOX WALKUP
120 N. Mill Street, Suite 303 Attorney General & Reporter
P.O. Box 611
Dyersburg, TN 38025-0611 KENNETH W. RUCKER
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
G. STEPHEN DAVIS C. PHILLIP BIVENS
District Public Defender District Attorney General
CLARENCE U. COCHRAN, JR. KAREN WINCHESTER
Assistant Public Defender Asst District Attorney General
P.O. Box 742 P.O. Drawer E
Dyersburg, TN 38025 Dyersburg, TN 38025
Judge:WOODALL
First Paragraph:
The Petitioner, Billy Aldridge, appeals from the order denying his
petition for post-conviction relief. Petitioner was convicted of
aggravated assault following a jury trial in the Lake County Circuit
Court. This court affirmed on direct appeal. State v. Billy
Aldridge, No. 02C01-9509-CC-00279, Lake County (Tenn. Crim. App., at
Jackson, April 17, 1996). Petitioner subsequently filed a petition
for post conviction relief. This petition was subsequently denied
following a hearing by the trial court. In this petition, Petitioner
argues he was denied the effective assistance of counsel in the jury
selection process. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/aldridgb_opn.WP6
STATE OF TENNESSEE
vs.
FREDERICK BEAUREGARD
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GARY F. ANTRICAN JOHN KNOX WALKUP
Asst District Public Defender Attorney General and Reporter
P. O. Box 700
Somerville, TN 38068 DOUGLAS D. HIMES
Asst Attorney General
425 Fifth Avenue North
Nashville, TN. 37243-0493
ELIZABETH RICE
District Attorney General
JERRY NORWOOD
Asst District Attorney
302 Market Street
Somerville, TN 38068
Judge:SMITH
First Paragraph:
On May 20, 1997, a Hardeman County jury convicted Appellant, Frederick
Beauregard, of rape and incest. After a sentencing hearing, the trial
court ordered Appellant to serve nine years at one hundred percent
pursuant to Tennessee Code Annotated S 40-35-501(I)(1)&(2). The trial
court also sentenced Appellant to three years as a standard Range I
offender for the incest conviction; the sentence for incest was
ordered to run concurrently with the sentence for rape.
URL:http://www.tba.org/tba_files/TCCA/beaurfre_opn.WP6
STATE OF TENNESSEE
vs.
DARRELL BRADDOCK
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES BALL JOHN KNOX WALKUP
217 Exchange Attorney General and Reporter
Memphis, TN 38105
MARVIN E. CLEMENTS, JR.
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
WILLIAM L. GIBBONS
District Attorney General
PAUL GOODMAN
JANET SHIPMAN
Assistant District Attorneys
201 Poplar Avenue
Memphis, TN 38103
Judge:SMITH
First Paragraph:
On September 12, 1996, a Shelby County jury found Appellant, Darrell
E. Braddock, guilty of first degree felony murder, criminal attempt:
to wit especially aggravated robbery, criminal attempt: to wit murder
in the first degree, and two counts of aggravated assault.
URL:http://www.tba.org/tba_files/TCCA/braddoda_opn.WP6
STATE OF TENNESSEE
vs.
MANDIE CURRY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
PAULA L. SKAHAN JOHN KNOX WALKUP
140 North Third St. Attorney General & Reporter
Memphis, TN 38103
ELIZABETH T. RYAN
Asst. Attorney General
425 Fifth Ave., North
Cordell Hull Bldg., Second Fl.
Nashville, TN 37243-0493
JOHN W. PIEROTTI
District Attorney General
PHILLIP GERALD HARRIS
Asst. District Attorney General
201 Poplar St., Suite 301
Memphis, TN 38103
Judge:PEAY
First Paragraph:
The defendant was indicted on March 12, 1996, on charges of aggravated
robbery and especially aggravated robbery. She entered an Alford plea
in which she pled guilty to two counts of facilitation to commit
aggravated robbery. Following a sentencing hearing, the trial court
sentenced the defendant to concurrent three year sentences. She now
appeals and argues that the trial court erred when it refused to grant
her request for judicial diversion or a suspended sentence. After a
review of the record and applicable law, we affirm the judgment of the
court below.
URL:http://www.tba.org/tba_files/TCCA/curryma_opn.WP6
NATHAN L. DRAPER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Brent Owen Horst John Knox Walkup
42 Rutledge Street Attorney General of Tennessee
Nashville, TN 37201 and
Clinton J. Morgan
Asst Attorney General of TN
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
and
Roger Moore
Asst District Attorney General
Washington Square, Suite 500
222 2nd Avenue North
Nashville, TN 37201-1649
Judge:Tipton
First Paragraph:
The petitioner, Nathan L. Draper, appeals as of right from the
Davidson County Criminal Court's denial of post-conviction relief. He
is presently in the custody of the Department of Correction serving a
Range I sentence of ten years for his 1994 conviction upon a guilty
plea for aggravated robbery, a Class B felony. The petitioner
contends that he received the ineffective assistance of counsel
resulting in his guilty plea not being entered knowingly and
voluntarily. He argues that his trial counsel failed to discuss
possible trial strategy with him and failed to advise him that his ten
year sentence would run consecutively to a sentence he was serving on
parole when he committed the present offense. We affirm the trial
court's denial of post-conviction relief.
URL:http://www.tba.org/tba_files/TCCA/drapernl_opn.WP6
STATE OF TENNESSEE
vs.
KENNETH W. JACKSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
A.C. WHARTON JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
TONY N. BRAYTON GEORGIA BLYTHE FELNER
Assistant Public Defender Assistant Attorney General
Criminal Justice Ctr, Ste 201 2nd Floor, Cordell Hull Bldg
201 Poplar Avenue 425 Fifth Avenue North
Memphis, TN 38103 Nashville, TN 37243
JOHN W. PIEROTTI
District Attorney General
KAREN COOK
Asst District Attorney General
Criminal Justice Ctr, Ste 301
201 Poplar Avenue
Memphis, TN 38103
Judge:WOODALL
First Paragraph:
The Defendant, Kenneth W. Jackson, appeals as of right from his
convictions for aggravated assault and reckless endangerment following
a jury trial in the Shelby County Criminal Court. The trial court
sentenced Defendant as a Range II Multiple Offender to ten (10) years
for the aggravated assault conviction and four (4) years for the
reckless endangerment conviction. The sentences were ordered to run
consecutively and Defendant was also fined a total of $2,000. In this
appeal, Defendant argues that the evidence was insufficient to sustain
convictions for aggravated assault and reckless endangerment and that
the trial court erred in ordering the sentences to be served
consecutively. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/jacksnkw_opn.WP6
FREDRICK M. SLEDGE
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
HARRY E. SAYLE, III JOHN KNOX WALKUP
99 North Third Street Attorney General & Reporter
Memphis, TN 38103
DEBORAH A. TULLIS
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
JOHN W. PIEROTTI
District Attorney General
TERRELL L. HARRIS
Assistant District Attorney General
201 Poplar Avenue - Third Floor
Memphis, TN 38103
Judge:WOODALL
First Paragraph:
The Petitioner, Fredrick M. Sledge, appeals from the order denying his
petition for post-conviction relief.
URL:http://www.tba.org/tba_files/TCCA/sledgefr_opn.WP6
STATE OF TENNESSEE
vs.
GARY LEWIS THOMPSON
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
J. Reed Dixon John Knox Walkup
Dixon & Stutts Attorney General and Reporter
P. O. Box 111
Sweetwater, TN 37874 Sandy Copous Patrick
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Jerry N. Estes
District Attorney General
Richard Newman
Asst. District Attorney General
P. O. Box 647
Athens, TN 37303
Judge:Hayes
First Paragraph:
The appellant, Gary Lewis Thompson, was indicted by a Monroe County
Grand Jury for the offense of vehicular homicide, driving under the
influence, third offense, and driving on a revoked license. On July
22, 1996, the appellant pled guilty to DUI, third offense, with the
sentence to be determined by the trial court. Prior to the guilty
plea hearing, the State moved to nolle pros the vehicular homicide
charge, which was granted. Additionally, the trial court, upon
appellant's motion, dismissed the charge of driving on a revoked
license. Immediately following entry of the guilty plea, the State,
for the first time, requested seizure and forfeiture of the
appellant's John Deere tractor, which he was operating at the time the
DUI offense occurred. Following a sentencing hearing on September 6,
1996, the trial court imposed a sentence of eleven months twenty-nine
days in the county jail and assessed a fine of $7,500 for the DUI,
third offense conviction. The appellant's release percentage was
fixed at 75%. The trial court also ordered that the farm tractor be
"confiscated" from the appellant's possession and forfeited to the
State. On November 8, 1996, the written order to seize and forfeit
the tractor was entered.
URL:http://www.tba.org/tba_files/TCCA/thompsng_opn.WP6
STATE OF TENNESSEE
vs.
TYRONE WRIGHT
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
BRETT B. STEIN JOHN KNOX WALKUP
236 Adams Avenue Attorney General & Reporter
Memphis, TN 38103
RUTH A. THOMPSON
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
JOHN W. PIEROTTI
District Attorney General
PAUL GOODMAN
Assistant District Attorney General
201 Poplar Avenue - Third Floor
Memphis, TN 38103
Judge:WOODALL
First Paragraph:
The Defendant, Tyrone Wright, appeals as of right his conviction of
second degree murder following a jury trial in the Shelby County
Criminal Court. The trial court sentenced Defendant to seventeen (17)
years incarceration as a Range I Standard Offender. In this appeal,
Defendant raises three issues: (1) that the trial court erred in
denying his Motion for Judgment of Acquittal; (2) that the evidence
presented at trial was insufficient to support his conviction for
second degree murder; and (3) that the State's closing argument was
improper. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/wrightt_opn.WP6
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