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TBALink Opinion-Flash
May 26, 1998 -- Volume #4 -- Number #080
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
- 18-New Opinons From TCA
- 24-New Opinons From TCCA
- 00-New Opinons From TSC
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- Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text
version of the opinion.
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to download the original WP 6.0 document.
version of the opinion.
- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
George Dean
TBALink Chief Editor
LUMBERMEN'S MUTUAL INSURANCE COMPANY vs. LOUIS J. MOTELEONE Court:TSC - Workers Comp Panel Attorneys: FOR RESPONDENT/APPELLANT: FOR PETITIONER/APPELLEE: DOYLE E. RICHARDSON EDWARD U. BABB ROGERS, RICHARDSON & DUNCAN BUTLER, VINES & BABB 100 North Spring Street P. O. Box 2649 Manchester, TN 37355 Knoxville, TN 37901-2649 Judge:RUSSELL First Paragraph: Lumbermen's Mutual Insurance Company, the workers' compensation insurance carrier for a company named Rock Tenn Company, filed this petition against Louis J. Moteleone, a former employee of Rock Tenn Company, seeking an adjudication of Moteleone's rights growing out of an alleged back injury claimed to have happened in the course and scope of Moteleone's employment by Rock Tenn Company on or about May 30, 1994. URL:http://www.tba.org/tba_files/TSC_WCP/Lumber_opn.WP6
J. FRANKLIN CRITTENDEN
vs.
CHARLES M. CRITTENDEN, JR.
Court:TCA
Attorneys:
J. FRANKLIN CRITTENDEN, Pro Se
JAMES F. LOGAN, JR., OF CLEVELAND FOR APPELLEE
Judge:Goddard
First Paragraph:
This is a suit by J. Franklin Crittenden against his brother, Charles
M. Crittenden, Jr., which, inter alia, seeks damages for conversion of
certain personal property left under the last will and testament of
their father to his mother for life with remainder to him, his
brother, and his sister.
URL:http://www.tba.org/tba_files/TCA/crittend_opn.WP6
ROBERT D. DAVIS and
CINDI DAVIS
vs.
GARY B. ERWIN, EDGAR H. PIERCE,
LLOYE HAMILTON and BOYD
WILLIAMS, Both Individually
and d/b/a COLDWELL BANKER
HAMILTON and WILLIAMS REALTY
Court:TCA
Attorneys:
TERRI L. LACEY OF CLEVELAND FOR APPELLANTS
JOSEPH R. WHITE and CARL E. SHILES, JR., OF CHATTANOOGA FOR APPELLEES
Judge:Goddard
First Paragraph:
Robert D. Davis and Cindi Davis appeal a summary judgment granted
against them in favor of Edgar H. Pierce, Lloye Hamilton and Boyd
Williams, both individually and d/b/a under a partnership named
Coldwell Banker Hamilton and Williams Realty.
URL:http://www.tba.org/tba_files/TCA/davisr_opn.WP6
LARRY DEMPSEY and wife, LISA
DEMPSEY, Co-Administrators of
the Estate of Larry Jason
Dempsey
vs.
INTERNATIONAL ASSOCIATION OF
BRIDGE, STRUCTURAL AND ORNAMEN-
TAL IRONWORKERS, LARRY G. DAVIS,
individually and as agent and
employee of the International
Association of BRIDGE,
Structural and Ornamental
Ironworkers, KIRBY BUILDING
SYSTEMS, INC., FREELAND HARRIS,
d/b/a Freeland Harris Consulting
Engineer and DONALD LOUIS WAMP,
d/b/a The Wamp Alliance
Court:TCA
Attorneys:
L. HALE HAMILTON, Spears, Moore, Rebman & Williams, Chattanooga, for
Appellants.
DANIEL J. RIPPER and GERARD M. SICILIANO, Luther - Anderson, PLLP,
Chattanooga and LYNN AGEE and LEE ANDERSON, Agee & Allen, Chattanooga,
for BRIDGE, Structural and Ornamental Ironworkers, Local 704,
Chattanooga Ironworkers Joint Apprentice Committee and Larry G. Davis,
individually and as an agent and employee of the Union the Joint
Apprentice Committee.
DONALD LOUIS WAMP, SR., Pro Se.
Judge:McMurray
First Paragraph:
This is a wrongful death action. The plaintiffs charge generally that
the defendants failed to provide a safe place for the decedent to work
or were negligent or breached a contract with the deceased in failing
to train or supervise him while he was attempting to do the work he
was assigned. The trial court granted summary judgments or motions to
dismiss in favor of all the defendants. This appeal resulted. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCA/Dempseyl_opn.WP6
RANDALL RAY FLEMING
vs.
JACQUELINE YI
and
JACK DAVIS, JR.
vs.
JACQUELINE YI
Court:TCA
Attorneys:
Robert V. Redding, WALDROP & HALL, P.A., Jackson, Tennessee
Attorney for Appellant Haulers Insurance Company, Inc.
Floyd S. Flippin
B. Chadwick Rickman
ADAMS, RYAL & FLIPPIN, Humboldt, Tennessee
Attorneys for Defendant Jacqueline Yi.
Thomas A. Travaglini, Madison, Tennessee
Attorney for Plaintiff/Appellee Randall Fleming.
R. N. (Bo) Taylor, Goodlettsville, Tennessee
Attorney for Plaintiff/Appellee Jack Davis, Jr.
Attorney for Plaintiff/Appellee.
Judge:FARMER
First Paragraph:
We granted the parties' joint Rule 9 T.R.A.P. application to determine
the validity of a provision contained in an automobile insurance
policy issued by Appellant Haulers Insurance Company. The provision
at issue purported to limit the amount of uninsured/underinsured
motorist coverage available to an injured insured in certain cases to
"the highest limit of uninsured motorists coverage on an auto owned by
the insured." Inasmuch as the named insured, Value Auto Mart, Inc.,
did not select lower limits of such coverage in writing as required by
this state's uninsured/underinsured motorist statutes, we conclude
that the provision is invalid and, thus, we affirm the trial court's
order denying Haulers' motion for summary judgment on this issue.
URL:http://www.tba.org/tba_files/TCA/Flemingr_opn.WP6
EDNA FORBES
vs.
WILSON COUNTY EMERGENCY
COMMUNICATION DISTRICT 911
BOARD and W. J. MCCLUSKEY
Court:TCA
Attorneys:
W. Gary Blackburn, Blackburn, Slobey, Freeman & Happell
of Nashville, For Appellants
Margaret L. Behm, Anne C. Martin, Dodson Parker & Behm
of Nashville, For Appellee
Judge:CRAWFORD
First Paragraph:
This case, remanded to this Court by the Supreme Court, involves an
action brought pursuant to the Tennessee Open Meetings Act and the
Tennessee handicap discrimination statute. Plaintiff Edna Forbes
(Forbes) alleged that Defendant Wilson County Emergency Communication
District 911 Board and Defendant W.J. McCluskey violated these
statutes by conducting a secret meeting in which they decided to
demote her because of a handicap. Following a jury trial, the trial
court entered judgment on the jury verdicts which found violations of
both statutes. Forbes was awarded $65,975.00 in back pay, $38,675.00
in front pay, $250,000.00 damages for humiliation and embarrassment,
$50,000.00 for punitive damages, plus reasonable attorney's fees and
litigation costs. The trial court denied the defendants' Motion for a
New Trial and/or to Alter and Amend. The defendants appealed,
presenting issues of liability under both statutes and damages.
URL:http://www.tba.org/tba_files/TCA/Forbesed_opn.WP6
MARY EMMA MERRIWEATHER
FULLER
VS.
ELIGO FULLER
Court:TCA
Attorneys:
MARCUS M. REAVES
Jackson, Tennessee
Attorney for Appellant
MARY JO MIDDLEBROOKS
MIDDLEBROOKS & GRAY, P.A.
Jackson, Tennessee
Attorney for Appellee
Judge:HIGHERS
First Paragraph:
Defendant/Appellant, Eligo Fuller ("husband"), appeals the judgment of
the trial court awarding plaintiff/appellee, Mary Emma Merriweather
Fuller ("wife"), approximately 89% of the marital property. For
reasons stated hereinafter, we affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCA/Fullerme_opn.WP6
DON E. GORDON and PHIL T.
GORDON, CO-ADMINISTRATORS
WITH WILL ANNEXED OF THE
ESTATE OF JAMES W. MARCUM,
DECEASED and DON E. GORDON
and PHIL T. GORDON,
EXECUTORS OF THE ESTATE OF
NELL WRIGHT MARCUM,
DECEASED
vs.
GEORGETOWN UNIVERSITY
Court:TCA
Attorneys:
Lee M. Greer, GREER & GREER, Paris, Tennessee
Attorney for Defendant/Appellant.
H. Max Speight, Dresden, Tennessee
Attorney for Plaintiffs/Appellees.
Judge:FARMER
First Paragraph:
This is a will construction case. The testator, James W. Marcum, died
June 22, 1995, a resident of Weakley County. His will, executed on
July 16, 1984, was admitted to probate upon his death. This appeal
stems from a complaint filed by the appellees, Don E. Gordon and Phil
T. Gordon, co-administrators with will annexed of the estate of James
Marcum, in the chancery court seeking a declaratory judgment as to the
proper interpretation of the will and the proper disposition of the
decedent's estate. Specifically, the appellees sought a determination
as to whether the appellant, Georgetown University (Georgetown), is a
beneficiary under the will's residuary clause or whether, as they
believe, the decedent died partially intestate and that consequently
his mother, Nell Wright Marcum, his only heir at law at the time of
his death, is the true beneficiary. After a hearing, the trial court
entered an order finding that the bequest to Georgetown was contingent
upon Ms. Marcum predeceasing her son and, since she did not, the gift
lapsed. Georgetown has appealed from this decision. For the reasons
expressed below, we reverse.
URL:http://www.tba.org/tba_files/TCA/Gordonde_opn.WP6
JAMES A. HELM and JUDY NELSON
vs.
HELEN A. HAYES and HARRY SABINE
Court:TCA
Attorneys:
DUDLEY W. TAYLOR, THE TAYLOR LAW FIRM, Knoxville, for Plaintiffs
Appellants.
JOE M. LOONEY, LOONEY & LOONEY, Crossville, for Defendants-Appellees.
Judge:Franks
First Paragraph:
After the will of the testatrix Mildred L. Fink had been admitted to
probate, plaintiffs, children of deceased, filed this action
contesting the validity of the will, alleging that "she lacked
testamentary capacity" to make a will.
URL:http://www.tba.org/tba_files/TCA/helmj_opn.WP6
TERESA JAN GILES LAWSON
vs.
STEVEN STUART LAWSON
Court:TCA
Attorneys:
For Appellant For Appellee
MICHAEL G. HATMAKER DAVID H. STANIFER
Jacksboro, Tennessee Stanifer and Stanifer
Tazewell, Tennessee
Judge:Susano
First Paragraph:
In this divorce case, the appellant, Teresa Jan Giles Lawson ("Wife"),
contends that the trial court abused its discretion when it failed to
grant her request for alimony.
URL:http://www.tba.org/tba_files/TCA/lawsontg_opn.WP6
IN THE MATTER OF:
M.W.A., JR., C.D.A., P.C.A.,
K.M.A., and A.K.A
Court:TCA
Attorneys:
For Plaintiff/Appellee: For Defendants/Appellants:
John Knox Walkup Ronald L. Stone
Attorney General and Reporter Nashville, Tennessee
Douglas Earl Dimond
Assistant Attorney General
Judge:KOCH
First Paragraph:
This appeal involves the termination of the parental rights of the
parents of five children between two and seven years of age. After a
year of in-home intervention failed to correct the parents' serious
parenting deficiencies, the Tennessee Department of Children's
Services filed a petition in Davidson County Juvenile Court seeking to
terminate both the mother's and the father's parental rights. Three
paternal relatives intervened in the proceeding seeking custody of the
children. Following a bench trial, the juvenile court terminated the
parents' parental rights and granted permanent custody of the children
to the Department rather than to their paternal relatives. On this
appeal, the parents and their relatives assert that the Department
failed to prove grounds for termination by clear and convincing
evidence and that the trial court erred in finding that placement of
the children with their relatives would not be in their best
interests. We affirm the judgment terminating the parents' parental
rights and placing the children in the Department's custody.
URL:http://www.tba.org/tba_files/TCA/Mwaetal_opn.WP6
REGINA M. OATES and
husband, JAMES OATES
vs.
GLENSTONE LODGE, INC., d/b/a
DAYS INN-GLENSTONE LODGE
Court:TCA
Attorneys:
JOHN K. HARBER, PRYOR, FLYNN, PRIEST & HARBER, Knoxville, for
Plaintiffs Appellants.
R. KIM BURNETTE, ARNETT, DRAPER & HAGOOD, Knoxville, for Defendant
Appellee
Judge:Franks
First Paragraph:
In this action, the plaintiff brought suit for damages for personal
injuries sustained when she fell on defendant's premises. The Trial
Court, responding to a Motion for Summary Judgment, dismissed the
action on the basis that the situs of plaintiff's fall was an open and
obvious condition, with no duty on the part of the proprietor to warn
invitees.
URL:http://www.tba.org/tba_files/TCA/oatesr_opn.WP6
DANNY R. PERKINS and wife
DEANNA P. SIMS PERKINS
and
RONALD F. SCHNEIDER and wife
CLAUDETTE M. SCHNEIDER
vs.
GEORGE KIRBY
Court:TCA
Attorneys:
DAVID H. PARTON OF GATLINBURG FOR APPELLANT
CHARLIE R. JOHNSON OF SEVIERVILLE FOR APPELLEES
Judge:Goddard
First Paragraph:
Plaintiffs Danny R. Perkins and his wife, Deanna P. Perkins, and
Ronald F. Schneider and his wife, Claudette M. Schneider, filed a
complaint against Defendant George Kirby seeking to enjoin him from
impeding passage over an old road located within a right-of-way they
claim over Mr. Kirby's property.
URL:http://www.tba.org/tba_files/TCA/perkinsd_opn.WP6
JUDY PLUNK, who sues as
Administratrix of the Estate of
JERRY L. PLUNK, deceased,
for the benefit of herself under
Title 45 U.S.C. Section 51, and,
for the benefit of the Estate under
Title 45 U.S.C. Section 59
vs.
ILLINOIS CENTRAL RAILROAD,
A Corporation
Court:TCA
Attorneys:
STEPHEN R. LEFFLER, Memphis, TN, and FRANK O. BURGE, JR., Birmingham,
AL, Attorneys for Plaintiff.
GARY K. SMITH, HAROLD W. MCLEARY and BRYAN C. WITT, Shuttleworth,
Smith, Williams, Sabbatini & Harper, Memphis, Attorneys for Defendant.
Judge:TOMLIN
First Paragraph:
Judy Plunk ("plaintiff") as administratrix of her husband's estate,
filed suit in the Circuit Court of Shelby County pursuant to the
Federal Employer's Liability Act, (FELA) against the Illinois Central
Railroad ("defendant" or "railroad") seeking damages stemming from the
death of her husband, Jerry Plunk ("decedent"), who was the engineer
of a train owned and operated by defendant that was involved in a
head-on collision with another train. The case was tried by a jury.
At the conclusion of plaintiff's proof and again at the conclusion of
all the proof, defendant made a motion for a directed verdict which
was overruled each time by the trial court. The case was submitted to
the jury, who found plaintiff's decedent 70% negligent and defendant
30% negligent in causing the collision, and awarded plaintiff
$285,000.00 as damages. On appeal defendant has raised five issues
for our consideration: whether the trial court erred in (1) failing to
grant defendant's motion for directed verdict on the ground that
decedent was the sole cause of the accident; (2) admitting into
evidence testimony of plaintiff's expert, Dennis Runcie; (3) allowing
other railroad employees to testify as "experts" regarding "good
railroad practice"; (4) admitting into evidence testimony of
plaintiff's economist expert, Fred Johnson; and (5) failing to order
plaintiff's counsel to dismiss with prejudice allegations of
defendant's vicarious liability in two collateral cases pending in
Mississippi and to cease representation of certain plaintiffs in the
Mississippi litigation. For the reasons hereinafter stated, we
reverse in part and remand this case to the trial court for a new
trial in keeping with the provisions of this opinion.
URL:http://www.tba.org/tba_files/TCA/Plunkjud_opn.WP6
BETTY SCHOPFER and
LOUIS H. SCHOPFER
vs.
THE KROGER COMPANY,
WARNER-LAMBERT COMPANY,
and THE DEMO COMPANY
Court:TCA
Attorneys:
OSCAR C. CARR, III, and CHARLES WESLEY FOWLER, Glankler Brown,
Memphis, Attorneys for Plaintiffs.
BETTY ANN MILLIGAN and GAYLE B. LAKEY, Spicer, Flynn and Rudstrom,
Memphis, Attorneys for Defendant The Kroger Company.
RICHARD R. ROBERTS, Memphis, Attorney for Defendant Warner-Lambert.
JERRY O. POTTER and KAREN R. CICALA, The Hardison Law Firm, Memphis,
Attorneys for Defendant The Demo Company.
Judge:TOMLIN
First Paragraph:
Betty Schopfer ("plaintiff") and her husband, Louis Schopfer, filed
suit in the Circuit Court of Shelby County against Kroger, Inc.
("Kroger"), Warner-Lambert Co. ("Warner-Lambert") and The Demo Company
("Demo") seeking damages resulting from injuries she sustained in a
Kroger store when a display rack collapsed, striking her and causing
her to fall to the floor. Each defendant filed a motion for summary
judgment, asserting that there were no genuine issues of material fact
existing. The motions were denied by Judge James Swearengen, sitting
by interchange for Judge James Tharpe, who was ill. Following Judge
Tharpe's death, all defendants renewed their motions. Judge Karen
Williams, the new judge of Division 3, granted summary judgment for
each defendant. On appeal, plaintiff has raised three issues for our
consideration. In addition, Kroger has presented two issues and
Warner-Lambert three issues for our consideration. Demo raised no
additional issues. In the opinion of this court, our consideration of
this case can be reduced to a single issue that will dispose of the
matters raised by all the parties--whether or not the trial court was
in error in granting summary judgment for each of the respective
defendants. For the reasons hereinafter set forth, we are of the
opinion that the trial court erred in granting summary judgment and
remand this case to the trial court for further consideration.
URL:http://www.tba.org/tba_files/TCA/Schopfer_opn.WP6
ALFREDO SHAHRDAR
vs.
GLOBAL HOUSING, INC., and
MOHAMMED SHARIFPOUR
Court:TCA
Attorneys:
Douglas S. Johnston, Jr.; Barrett, Johnston & Parsley of Nashville
For Appellee
Thomas I. Bottorff; Bottorff, Kavin & Cook of Brentwood
For Appellants
Judge:CRAWFORD
First Paragraph:
This case involves the alleged breach of an oral employment contract
and the inducement of that breach by a third party. Defendants Global
Housing, Inc. and Mohammed Sharifpour appeal the order of the trial
court granting the plaintiff Alfredo Shahrdar a default judgment and
also the jury's award of damages. Plaintiff Alfredo Shahrdar assigns
error to the trial court's refusal to send the issue of punitive
damages to the jury, as well as the $205,009 remittitur suggested by
the court.
URL:http://www.tba.org/tba_files/TCA/Shahrdar_opn.WP6
JOHN SIMMONS
vs.
JAMES RUSSELL,
JAMES HOLLEMAN, and
FRANK McGREGOR
Court:TCA
Attorneys:
For Plaintiff/Appellant: For Defendants/Appellees:
Gregory D. Smith W. Timothy Harvey
Clarksville, Tennessee Batson Nolan Brice Harvey & Williamson
Clarksville, Tennessee
Thomas R. Meeks
Clarksville, Tennessee
Judge:KOCH
First Paragraph:
This appeal involves a tenant who broke his hip by falling down some
snow and ice-covered stairs at an apartment complex in Clarksville.
The tenant sued the owners of the apartment complex in the Circuit
Court for Montgomery County, alleging that they negligently failed to
clear the ice and snow from the stairway. The trial court entered a
summary judgment for the owners of the apartment complex, and the
tenant appealed. We affirm the summary judgment because we have
determined that the owners of the apartment complex did not have a
duty under the circumstances of this case to remove the snow and ice
from the stairway where the tenant fell.
URL:http://www.tba.org/tba_files/TCA/Simmonsj_opn.WP6
IN RE: BRITTANY SWANSON
A Minor Under 18
TENNESSEE BAPTIST CHILDREN'S
HOMES, INC.
vs.
HARRY SWANSON
Court:TCA
Attorneys:
H. William Scott, III, Brentwood, Tennessee
Frank C. Ingraham, Nashville, Tennessee
Attorney for Petitioner/Appellant.
James H. Bradley, Covington, Tennessee
Attorney for Respondent/Appellee.
Judge:FARMER
First Paragraph:
This is an appeal by the Tennessee Baptist Children's Home (TBCH) from
a judgment entered by the trial court denying its petition to
terminate the parental rights of Harry Lee Swanson as to his daughter
Brittany Swanson, born June 10, 1990. The record establishes that
Brittany was removed from the custody of her biological parents and
placed in the legal custody of the Department of Human Services (DHS)
on May 4, 1993 after a determination of dependency and neglect was
made by the juvenile court. Since June 30, 1993, Brittany has resided
in a foster care home through placement by TBCH. In December 1994,
the foster care goal was changed from reunification with the parents
to adoption and in June 1995, TBCH filed a petition for legal custody
of the child. DHS transferred legal custody of Brittany to TBCH by
court order entered August 1, 1995.
URL:http://www.tba.org/tba_files/TCA/Swansonb_opn.WP6
STEVEN A. WAKEFIELD
vs.
MICHAEL F. CRAWLEY, MACTENN
VALVE COMPANY, a Tennessee
Corporation and MCCAWBER
SYSTEMS, INC., a Tennessee
Corporation
Court:TCA
Attorneys:
WILLIAM S. LOCKETT, JR., Kennerly, Montgomery & Finley, P.C.,
Knoxville, for Appellants.
H. ALLEN BRAY, Paine, Garrett & Bray, Maryville, for Appellee.
Judge:FARMER
First Paragraph:
The plaintiff instituted this action to recover two stock certificates
which represented eighty percent (80%) ownership of the two corporate
defendants. Both certificates were either in the possession of the
defendant, Crawley, or the defendant corporations. After a bench
trial, the court resolved the issues in favor of the plaintiff and
rendered judgment accordingly. This appeal resulted. We affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCA/Wakeflds_opn.WP6
THOMAS W. BARLOW
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
REBECCA A. ROBINSON JOHN KNOX WALKUP
123 E. Main St., Ste D Attorney General and Reporter
Murfreesboro, TN 37130
CLINTON J. MORGAN
Assistant Attorney General
Cordell Hull Building, Second Fl
425 Fifth Avenue North
Nashville, TN 37243-0493
WILLIAM C. WHITESELL, JR.
District Attorney General
JOHN W. PRICE, III
Asst District Attorney General
303 Rutherford County Judicial Bldg
Murfreesboro, TN 37130
Judge:WADE
First Paragraph:
The petitioner, Thomas W. Barlow, appeals as of right from the trial
court's dismissal of his post-conviction petition as outside the
statute of limitations. The petitioner contends that the trial court
erred in considering the untimeliness of the post-conviction petition
because the state failed raise the statute of limitations as an
affirmative defense. He also submits that the trial court erred in
finding it lacked jurisdiction over the matter. After reviewing the
entire record, the briefs, and the applicable law, we find that the
judgment of the trial court should be affirmed pursuant to Rule 20,
Tennessee Court of Criminal Appeals Rules.
URL:http://www.tba.org/tba_files/TCCA/barlow_opn.WP6
WILLIAM L. CHURCH
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Ardena J. Garth Charles W. Burson
District Public Defender Attorney General of Tennessee
and and
Donna Robinson Miller Elizabeth T. Ryan
Assistant Public Defender Asst Attorney General of Tennessee
701 Cherry Street, Ste 300 450 James Robertson Parkway
Chattanooga, TN 37402 Nashville, TN 37243-0493
William H. Cox
District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37492
Judge:Tipton
First Paragraph:
The petitioner, William L. Church, appeals as of right from the
Hamilton County Criminal Court's dismissal of his petition for both a
writ of habeas corpus and post-conviction relief.
URL:http://www.tba.org/tba_files/TCCA/Churchwl_opn.WP6
STATE OF TENNESSEE
vs.
DEAN BENJAMIN CLARK, II
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
D. Tyler Kelly John Knox Walkup
Hardee, Martin & Jaynes Attorney General and Reporter
P. O. Box 98
Jackson, TN 38302 Elizabeth T. Ryan
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Elizabeth T. Rice
District Attorney General
Jerry Norwood and
Christopher Marshburn
Asst. District Attorneys General
302 Market Street
Somerville, TN 38068
Judge:Hayes
First Paragraph:
The petitioner, Thomas W. Barlow, appeals as of right from the trial
court's dismissal of his post-conviction petition as outside the
statute of limitations. The petitioner contends that the trial court
erred in considering the untimeliness of the post-conviction petition
because the state failed raise the statute of limitations as an
affirmative defense. He also submits that the trial court erred in
finding it lacked jurisdiction over the matter. After reviewing the
entire record, the briefs, and the applicable law, we find that the
judgment of the trial court should be affirmed pursuant to Rule 20,
Tennessee Court of Criminal Appeals Rules.
URL:http://www.tba.org/tba_files/TCCA/Clarkdb_opn.WP6
BILLY EUGENE COOK
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MARK E. STEPHENS JOHN KNOX WALKUP
Public Defender Attorney General & Reporter
JULIA AUER JANIS L. TURNER
Assistant Public Defender Counsel for State
1209 Euclid Avenue Cordell Hull Bldg., Second Floor
Knoxville, TN 37921 425 Fifth Avenue, North
Nashville, TN 37243-0493
RANDALL E. NICHOLS
District Attorney General
STEVE GARRETT
Assistant District Attorney
City-County Bldg.
Knoxville, TN 37902
Judge:ACREE
First Paragraph:
The petitioner, Billy Eugene Cook, appeals as of right the trial
court's dismissal of his petition for post-conviction relief.
URL:http://www.tba.org/tba_files/TCCA/cook_op.WP6
STATE OF TENNESSEE
vs.
CLIFFORD E. COX
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL R. JONES JOHN KNOX WALKUP
Public Defender Attorney General & Reporter
110 Public Square
Springfield, TN 37172 LISA A. NAYLOR
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
Nashville, TN 37243-0493
JOHN WESLEY CARNEY, JR.
District Attorney General
204 Franklin St., Suite 200
Clarksville, TN 37040
DENT MORRISS
Asst District Attorney General
500 S. Main
Springfield, TN 37172
Judge:WITT
First Paragraph:
The defendant, Clifford E. Cox, was convicted in a jury trial in the
Robertson County Circuit Court of driving under the influence, third
offense, and violation of the Habitual Motor Vehicle Offender Act.
See Tenn. Code Ann. S 55-10-613, 616 (1993). For the DUI, the trial
court sentenced Cox to serve 180 days in confinement with the balance
of the eleven months and twenty-nine days to be served in Community
Corrections. As a Range I, standard offender, he was sentenced to two
years for violating the Habitual Motor Vehicle Offender Act, a Class E
felony, and was ordered to serve the entire sentence in Community
Corrections.
URL:http://www.tba.org/tba_files/TCCA/coxc_opn.WP6
STATE OF TENNESSEE
vs.
CHRISTOPHER BENARD ERVIN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
A. CHRISTIAN LANIER, III JOHN KNOX WALKUP
615 Lindsay St., Suite 150 Attorney General & Reporter
Chattanooga, TN 37403
(On Appeal) TODD R. KELLEY
Asst. Attorney General
ARDENA J. GARTH John Sevier Bldg.
District Public Defender 425 Fifth Ave., North
Nashville, TN 37243 0493
MIKE ACUFF
HALLIE McFADDEN WILLIAM H. COX
Asst. District Public Defenders District Attorney General
701 Cherry St.
Chattanooga, TN 37402 DAVID DENNY
(At Trial) Asst. District Attorney General
Court Bldg., Suite 300
Chattanooga, TN 37402
Judge:PEAY
First Paragraph:
The defendant was charged in the indictment with aggravated robbery,
and the jury found him guilty of this offense. The defendant now
appeals as of right from his conviction, arguing that his conviction
is not supported by sufficient evidence. After reviewing the record,
we find the defendant's argument to be without merit and affirm his
conviction.
URL:http://www.tba.org/tba_files/TCCA/ervincb_opn.WP6
STATE OF TENNESSEE
vs.
RICKEY HAILEY
Court:TCCA
Attorneys:
For Appellant: For Appellee:
William D. Massey and John Knox Walkup
R. Price Harris Attorney General & Reporter
3074 East Street
Memphis, TN 38128 Janis L. Turner
Assistant Attorney General
Criminal Justice Division
Cordell Hull Bldg., Second Floor
425 Fifth Avenue, North
Nashville, TN 37243-0493
James Challen
Assistant Attorney General
Criminal Justice Complex, Suite 301
201 Poplar Street
Memphis, TN 38103
Judge:WADE
First Paragraph:
The defendant, Rickey Hailey, pled guilty to vandalism under $500,
attempted burglary of a vehicle, and theft under $500. The trial
court imposed concurrent sentences of eleven months, twenty-nine days
for each offense, to be served in the workhouse. The judgment forms
do not indicate the percentage of service required before the
defendant is eligible for work release or other rehabilitative
programs. See Tenn. Code Ann. S 40-35-302(d).
URL:http://www.tba.org/tba_files/TCCA/Hailyrk_opn.WP6
STATE OF TENNESSEE
vs.
WILBERT HELLER
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Robert Lee Marlow John Knox Walkup
Thomas A. Davidson Attorney General and Reporter
107-C West Commerce Street
Lewisburg, TN 37091 Karen M. Yacuzzo
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
W. Michael McCown
District Attorney General
Weakley E. Barnard
Assistant District Attorney
Marshall County Courthouse
Lewisburg, TN 37091
Judge:WADE
First Paragraph:
The appellant, Wilbert Heller, appeals as of right the sentence he
received in the Marshall County Circuit Court upon his plea of guilty
to the offense of aggravated sexual battery. The trial court
sentenced appellant to nine years, six months in the Department of
Correction as a Range I offender. Appellant's only issue on appeal is
whether he is eligible for community corrections under the special
needs provision. See Tenn. Code Ann. S40-36-106(c) (1990). We affirm
the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/hellerw_asb.WP6
STATE OF TENNESSEE
vs.
ERIC D. HENDERSON and
JAMES F. HILL
Court:TCCA
Attorneys:
For the Appellants: For the Appellee:
Howard L. Wagerman Charles W. Burson
Attorney at Law Attorney General and Reporter
Suite 1313, 200 Jefferson
Memphis, TN 38103 Marvin E. Clements, Jr.
Assistant Attorney General
Attorney for Eric D. Henderson
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243 0493
Howard Brent Manis
Attorney at Law
Suite 1313, 200 Jefferson William L. Gibbons
Memphis, TN 38103 District Attorney General
Attorney for James F. Hill P. T. Hoover
Asst. District Attorney General
Criminal Justice Complex
Suite #301, 201 Poplar Street
Memphis, TN 38103
Judge:Hayes
First Paragraph:
The appellants, Eric D. Henderson and James F. Hill, appeal the
sentencing decision of the Shelby County Criminal Court following
their entry of guilty pleas to one count of theft of property over
$1000, a class D felony. See Tenn. Code Ann. S 39-14-105(3)(1990).
Pursuant to a negotiated plea agreement, both appellants received
sentences of two years and six months and a fine of $3000. The manner
of service of each of the sentences was submitted to the trial court
for determination. Following a sentencing hearing, the trial court
suspended all but forty-five days of each appellant's sentence and
ordered that the time be served in the Shelby County Correctional
Center on weekends. Additionally, both appellants were placed on
probation for a period of five years and were ordered to pay
restitution in the amount of $4400. In this appeal, both Henderson
and Hill, contend that the trial court erroneously denied their
requests for judicial diversion, or, in the alternative, that the
trial court improperly denied their requests for total probation.
URL:http://www.tba.org/tba_files/TCCA/Hendered_opn.WP6
STATE OF TENNESSEE
vs.
QUINCY L. HENDERSON
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Kathleen L. Caldwell John Knox Walkup
Taylor, Halliburton, Ledbetter Attorney General and Reporter
& Caldwell
44 North Second, Suite 200 Douglas D. Himes
Memphis, TN 38103 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
Reginald Henderson
Asst. District Attorney General
Criminal Justice Complex
Suite 301, 201 Poplar Street
Memphis, TN 38103
Judge:Hayes
First Paragraph:
The appellant, Quincy L. Henderson, was sentenced to a term of life
imprisonment following his conviction by a Shelby County jury for the
premeditated first degree murder of Demetrius Moten.
URL:http://www.tba.org/tba_files/TCCA/Hendrsnq_opn.WP6
TERRY LYNN KING
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
EDWARD C. MILLER JOHN KNOX WALKUP
Public Defender Attorney General & Reporter
P. O. Box 416
Dandridge, TN 37725 MARVIN E. CLEMENTS, JR.
Assistant Attorney General
Cordell Hull Bldg., Second Floor
425 Fifth Avenue, North
Nashville, TN 37243-0493
ALFRED C. SCHMUTZER, JR.
District Attorney General
RICHARD VANCE
Assistant District Attorney
339 A. Main St.
Newport, TN 37821
Judge:ACREE
First Paragraph:
The petitioner, Terry Lynn King, appeals as of right the trial court's
dismissal of his petition for post-conviction relief.
URL:http://www.tba.org/tba_files/TCCA/King_op.WP6
ERNEST LAWSON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CHARLES M. CORN JOHN KNOX WALKUP
Public Defender Attorney General & Reporter
P.O. Box 1453
Cleveland, TN 37364-1453 MICHAEL J. FAHEY, II
Assistant Attorney General
425 Second Ave. North
Second Floor, Cordell Hull Bldg.
Nashville, TN 37243-0494
JERRY N. ESTES
District Attorney General
AMY F. ARMSTRONG
Asst. District Attorney General
P.O. Box 647
Athens, TN 37371-0647
Judge:WITT
First Paragraph:
The petitioner, Ernest Lawson, appeals the McMinn County Criminal
Court's dismissal of his petition for post conviction relief. Lawson
was convicted of possession of marijuana and possession of cocaine for
resale following a jury trial and received an effective twelve year
sentence. On direct appeal to this court, his convictions were
affirmed and his effective sentence modified to ten years. State v.
Ernest Lawson, No. 185 (Tenn. Crim. App., Knoxville, June 18, 1991),
perm. app. denied (Tenn. 1992) ("Ernest Lawson I"). The supreme court
denied review of his case on May 4, 1992. Thereafter, Lawson filed
his pro se post-conviction petition on July 19, 1993. The petition
was summarily dismissed by the court below. On appeal, this court
found error in that dismissal and reversed and remanded the case for
appointment of counsel and further proceedings under the Post
Conviction Procedure Act of 1967. Ernest Lawson v. State, No.
03C01-9401-CR-00037 (Tenn. Crim. App., Knoxville, July 7, 1994)
("Ernest Lawson II"). The court below appointed counsel and allowed
the petitioner an opportunity for a hearing. Lawson chose not to
present evidence at the time allotted for his hearing and asked the
court to consider his allegations based solely upon review of the
record of trial. The lower court found his allegations without merit
and dismissed the petition. In this appeal of that adverse
determination, Lawson claims the trial court erred in finding he was
afforded the effective assistance of counsel at trial and in failing
to state its specific findings of fact and conclusions of law as to
each allegation of the petition on the record or in an order.
Following a review of the record, we affirm the trial court's
dismissal of Lawson's petition.
URL:http://www.tba.org/tba_files/TCCA/Lawsone_opn.WP6
STATE OF TENNESSEE
vs.
LUTHER EARL McCUTCHEON
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Donald E. Parish John Knox Walkup
Ivey, Parish & Johns Attorney General and Reporter
12880 East Paris Street
P. O. Box 229 Peter M. Coughlan
Huntingdon, TN 38344 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Robert "Gus" Radford
District Attorney General
P. O. Box 686
Huntingdon, TN 38344
Judge:Hayes
First Paragraph:
The appellant, Luther Earl McCutcheon, was indicted by the Henry
County Grand Jury in a four count indictment, charging him with two
counts of a class B felony sale of cocaine and two alternative counts
of a class B felony delivery of cocaine. The two offenses for sale of
cocaine and the accompanying alternative counts for delivery were
severed and, following a jury trial, the appellant was found not
guilty of sale and delivery of cocaine. The appellant subsequently
pled guilty to the remaining count of sale of cocaine over one-half
gram and, pursuant to a plea agreement, received an eight year
sentence with the manner of service of the sentence to be determined
by the trial court. At the sentencing hearing, the trial court
imposed a split confinement sentence, requiring the appellant to serve
continuous confinement of one year in the county jail, followed by
supervised probation for the remainder of the sentence. The appellant
appeals this sentencing determination contending that the trial court
erred in denying him a non- incarcerative community corrections
sentence. After review, we affirm.
URL:http://www.tba.org/tba_files/TCCA/Mccuteon_opn.WP6
STATE OF TENNESSEE
VS.
GLENN RAY
Court:TCCA
Attorneys:
FOR THE APPELLANT:
WILLIAM D. MASSEY
3074 East Street
Memphis, TN 38128
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
CLINTON J. MORGAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
WILLIAM L. GIBBONS
District Attorney General
PERRY S. HAYES
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103-1947
Judge:RILEY
First Paragraph:
The defendant, Glenn Ray, was convicted in the Shelby County Criminal
Court upon guilty pleas to one (1) count of possession with the intent
to sell cocaine under 0.5 grams and one (1) count of the sale of
cocaine under 0.5 grams. He was sentenced as a Range I offender to
concurrent terms of three (3) years and fined $2,000 for each offense.
The trial court denied alternative sentencing. On appeal, defendant
challenges the trial court's denial of alternative sentencing. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/Rayg_opn.WP6
JAMES K. ROBBINS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES K. ROBBINS, pro se JOHN KNOX WALKUP
#114297, S.T.S.R.C.F. Attorney General & Reporter
Route 4, Box 600
Pikeville, TN 37367 TIMOTHY F. BEHAN
Assistant Attorney General
2nd Floor, Cordell Hull Bldg
425 Fifth Avenue North
Nashville, TN 37243
J. MICHAEL TAYLOR
District Attorney General
JAMES W. POPE, III
Asst District Attorney General
First American Bank Bldg., 3rd Fl
Dayton, TN 37321
Judge:WOODALL
First Paragraph:
The Petitioner, James K. Robbins, appeals as of right from the trial
court's dismissal of his petition for writ of habeas corpus relief.
We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/robbnsjk_opn.WP6
STATE OF TENNESSEE
vs.
CLEVELAND SONNY ROGERS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL J. LOVE JOHN KNOX WALKUP
215 South Second St. Attorney General & Reporter
Clarksville, TN 37040
(On appeal) ELLEN H. POLLACK
Asst. Attorney General
WADE BOBO 450 James Robertson Pkwy.
129 South Third St. Nashville, TN 37243-0493
Clarksville, TN 37040
(At trial) JOHN W. CARNEY
District Attorney General
ARTHUR BIEBER
Asst. District Attorney General
204 Franklin St., Suite 200
Clarksville, TN 37040
Judge:PEAY
First Paragraph:
The defendant was charged with possessing drug paraphernalia, causing
damage to the property of another, theft of goods totaling less than
one hundred dollars ($100), and two counts of aggravated assault. A
jury convicted him of aggravated assault and assault, assessing fines
of five thousand dollars ($5000) and two thousand five hundred dollars
($2500), respectively. The remaining charges were dismissed. The
court below subsequently sentenced the defendant as a Range III
persistent offender to fourteen years incarceration on the aggravated
assault offense and to nine months, suspended, on the assault charge.
The sentences were run consecutively. In this appeal as of right, the
defendant raises only one issue: whether he is entitled to a new trial
on his conviction for aggravated assault because the trial court
erroneously instructed the jury about the range of punishment
applicable to this offense. Upon our review of the record, we reverse
this conviction and remand this matter for a new trial.
URL:http://www.tba.org/tba_files/TCCA/rogerscs_opn.WP6
ELWIN NATHANIEL SOUTH, SR.
vs.
STATE OF TENNESSEE
Court:TCCA
Judge:RILEY
First Paragraph:
The defendant, Elwin Nathaniel South, Sr., appeals the order of the
Shelby County Criminal Court denying his Tenn. R. Crim. P. 35(b)
motion for reduction of sentence. Finding no abuse of discretion by
the trial court, we affirm the judgment pursuant to Rule 20, Rules of
the Court of Criminal Appeals.
URL:http://www.tba.org/tba_files/TCCA/Southen_opn.WP6
VICTOR DALE THOMAS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
PRO SE JOHN KNOX WALKUP
Attorney General & Reporter
MICHAEL J. FAHEY, II
Assistant Attorney General
Cordell Hull Bldg., Second Floor
425 Fifth Avenue, North
Nashville, TN 37243-0493
JERRY N. ESTES
District Attorney General
JOSEPH A. REHYANSKY
Assistant District Attorney
130 Washington Ave., Suite 647
Athens, TN 37371
Judge:ACREE
First Paragraph:
The petitioner, Victor Dale Thomas, appeals as of right the trial
court's dismissal of his pro se petition for post-conviction relief.
The trial court found the petition was filed outside the statute of
limitations. We affirm the trial court.
URL:http://www.tba.org/tba_files/TCCA/thomas_op.WP6
STATE OF TENNESSEE
vs.
JAMES ALFONSO VAUGHN,
a/k/a FUZZ
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Walter H. Stubbs John Knox Walkup
554 West Main Street Attorney General and Reporter
Gallatin, TN 37066
Lisa A. Naylor
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Lawrence Ray Whitley
District Attorney General
113 West Main Street
Gallatin, TN 37066
Sallie Wade Brown
Assistant District Attorney
Judge:Barker
First Paragraph:
The appellant, James Alfonso Vaughn, appeals as of right his
convictions in the Sumner County Criminal Court of first degree
premeditated murder, attempted first degree murder, attempted second
degree murder, and felony reckless endangerment. He was sentenced to
life imprisonment on the murder conviction. For his other
convictions, he received an effective sentence of twenty-two years to
be served consecutively to the life sentence.
URL:http://www.tba.org/tba_files/TCCA/vaughnja_opn.WP6
JESSIE WILLIAM WARD
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
PRO SE JOHN KNOX WALKUP
Attorney General & Reporter
TIMOTHY F. BEHAN
Assistant Attorney General
Cordell Hull Bldg., Second Floor
425 Fifth Avenue, North
Nashville, TN 37243-0493
J. MICHAEL TAYLOR
District Attorney General
JAMES W. POPE, III
Assistant District Attorney
265 3rd. Avenue, Suite 300
Dayton, TN 37321
Judge:ACREE
First Paragraph:
The petitioner, Jessie William Ward, appeals as of right the trial
court's dismissal of his petition for post-conviction relief.
URL:http://www.tba.org/tba_files/TCCA/Ward_op.WP6
THOMAS L. WALKER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT R. CARL, II JOHN KNOX WALKUP
Vowell & Carl Attorney General & Reporter
6312 Kingston Pike, Suite 111
Knoxville, TN 37919 SANDY C. PATRICK
(On Appeal) Asst. Attorney General
John Sevier Bldg.
KEITH LEIBERMAN 425 Fifth Ave., North
400 E. Caldwell Ave. Nashville, TN 37243-0493
Knoxville, TN 37917
(At Trial) RANDALL E. NICHOLS
District Attorney General
ZANE M. SCARLETT
Asst. District Attorney General
City-County Bldg.
Knoxville, TN 37902
Judge:PEAY
First Paragraph:
In June 1985, the petitioner pled guilty to several burglary charges
in Knox County. He did not seek direct review of his sentence. Six
years later, in September 1991, he filed a pro se petition for
post-conviction relief, alleging that his guilty pleas to the burglary
charges were not voluntarily, intelligently, and knowingly entered.
Over the next few years, a series of different attorneys, including
the Knox County Public Defender, were appointed to the petitioner's
case, but none filed any pleadings except motions to withdraw.
Eventually, in November 1994, the trial court dismissed the petition
for post-conviction relief without an evidentiary hearing. Two years
later, the petitioner filed a motion with this Court seeking delayed
appeal of the dismissal of his petition, which we granted. However,
upon review of the record, we affirm the trial court's dismissal of
his petition for post-conviction relief.
URL:http://www.tba.org/tba_files/TCCA/walkertl_opn.WP6
STATE OF TENNESSEE
vs.
MICHAEL W. WASSON
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Ballin, Ballin & Fishman, P.C. John Knox Walkup
Marvin E. Ballin Attorney General and Reporter
Mark A. Mesler
200 Jefferson Avenue
Suite 1250 Georgia Blythe Felner
Memphis, TN 38103 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
Thomas Hoover
Asst. District Attorney General
Criminal Justice Complex
Suite 301, 201 Poplar Street
Memphis, TN 38103
Judge:Hayes
First Paragraph:
The appellant, Michael W. Wasson, appeals the sentencing decision of
the Shelby County Criminal Court following his guilty plea to the
offense of attempt to commit aggravated sexual battery, a class C
felony. Pursuant to a negotiated plea, the appellant received a
sentence of five years as a range I offender and a fine of $500. The
manner of service of the sentence was submitted to the trial court for
determination. Following a sentencing hearing, the trial court
imposed a sentence of confinement in the Shelby County Correction
Center. The appellant appeals this decision, arguing that he is
entitled to a sentence of total probation.
URL:http://www.tba.org/tba_files/TCCA/Wassonmw_opn.WP6
STATE OF TENNESSEE
vs.
GREGORY WHITFIELD
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Tony N. Brayton John Knox Walkup
Assistant Public Defender Attorney General and Reporter
201 Poplar, Suite 2-01
Memphis, TN 38103 Janis L. Turner
Assistant Attorney General
AC Wharton Criminal Justice Division
District Public Defender 450 James Robertson Parkway
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
Karen Cook
Asst. District Attorney General
Criminal Justice Complex
201 Poplar Street, Suite 301
Memphis, TN 38103
Judge:Hayes
First Paragraph:
The appellant, Gregory Whitfield, appeals his convictions by a Shelby
County jury for the crimes of aggravated robbery and aggravated
assault. Following a sentencing hearing, the trial court imposed an
effective twenty year sentence in the Department of Correction. In
this appeal, the appellant challenges the sufficiency of the evidence
supporting his convictions for both aggravated robbery and aggravated
assault.
URL:http://www.tba.org/tba_files/TCCA/Whtfield_opn.WP6
EDWARD A. WOOTEN
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Edward A. Wooten, pro se John Knox Walkup
Northeast Correctional Center Attorney General and Reporter
P.O. Box 5000
Mountain City, TN 37683 Ellen H. Pollack
(On appeal) Assistant Attorney General
425 Fifth Avenue North
Howard L. Upchurch Nashville, TN 37243-0493
Edward L. Boring
Upchurch & Upchurch
119 North Main Street James Michael Taylor
Pikeville, TN 37367 District Attorney General
(At hearing) 265 Third Avenue, Suite 300
Dayton, TN 37321
Judge:Barker
First Paragraph:
The appellant, Edward A. Wooten, appeals as of right the denial in the
Sequatchie County Circuit Court of his petition for post-conviction
relief. On appeal, the appellant alleges that his counsel was
ineffective, that his guilty pleas were not knowingly and voluntarily
entered, and that the factual proof was insufficient to support the
guilty pleas. Finding no error in the trial court's denial, we affirm
the judgment below.
URL:http://www.tba.org/tba_files/TCCA/wootenea_opn.WP6
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