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.
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 19-New Opinons From TCA
- 06-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
WILLIAM MICHAEL ANDERTON vs. EVELYN ADELE MORGAN ANDERTON Court:TCA Attorneys: For Plaintiff/Appellant: For Defendant/Appellee: Jack Norman, Jr. Evelyn A. Anderton Nashville, Tennessee Pro Se Thomas F. Bloom Nashville, Tennessee Judge:KOCH First Paragraph: This is the second appeal concerning a husband's support obligations following the dissolution of a 23-year marriage. The Chancery Court for Williamson County originally directed the husband to pay $1,731 per month in child support and $5,500 per month in spousal support for five years and then $5,000 per month thereafter. On the first appeal, this court remanded the case to the trial court to revisit the child support and spousal support awards. Even though the trial court concluded that the husband's income had decreased significantly, it increased the husband's child support to $2,000 per month and left its original spousal support order unchanged. It also awarded the wife judgments for a sizeable spousal support arrearage and a nominal child support arrearage. On this appeal, the husband again takes issue with the amount of his spousal support and child support obligations and also insists that he is entitled to retroactive relief on his spousal support arrearage and to the lifting of the injunction with regard to his 401k plan. We vacate the child support and spousal support awards and remand them to the trial court for further consideration consistent with this opinion. URL:http://www.tba.org/tba_files/TCA/andertnw_opn.WP6 IN THE MATTER OF: CHRISTOPHER STANFILL ANGEL REYNOLDS MICHAEL STANFILL SAMANTHA STANFILL CHILDREN UNDER THE AGE OF 18 YEARS OF AGE DEPARTMENT OF CHILDREN'S, SERVICES vs. LORETTA STANFILL Court:TCA Attorneys: Douglas Earl Dimond General Civil Division 425 Fifth Avenue North Cordell Hull Building, Second Floor Nashville, Tennessee 37243-0499 ATTORNEYS FOR PLAINTIFF/APPELLEE Kathleen G. Morris, #16223 P.O. Box 128091 Nashville, Tennessee 37212 ATTORNEY FOR DEFENDANT/APPELLANT Judge:TODD First Paragraph: The captioned respondent, Loretta Stanfill, has appealed from the judgment of the Juvenile Court terminating her parental rights to her four children. URL:http://www.tba.org/tba_files/TCA/childsvs_opn.WP6 COASTCOM, INC. vs. GLEN CRUZEN, et ux, et al Court:TCA Attorneys: Glen Cruzen, Pro Se James David Nave, BAKER, DONELSON, BEARMAN & CALDWELL, Nashville, TN Attorney for Plaintiff/Appellee. Judge:FARMER First Paragraph: This matter emanates from three judgments which Coast Publishing, Inc., obtained against Glen Cruzen and Helen Cruzen d/b/a Image Express and Desktop Systems in the state of Florida. Coastcom, Inc. (formerly known as Coast Publishing, Inc.), brought an action in the Chancery Court of Williamson County to enforce certain judgment liens recorded in the office of the register of deeds of that county against real property owned by defendant Helen Cruzen. Defendant Glen Cruzen brought a separate action titled "Claim for Fraud and Misrepresentation." The trial court treated this as an answer and counterclaim to Coastcom's complaint and consolidated the two actions. Both Coastcom and Glen Cruzen filed motions for summary judgment. The trial court granted Coastcom's motion, denied Cruzen's, and this appeal followed. URL:http://www.tba.org/tba_files/TCA/coastcom_opn.WP6 DWAYNE HAWKINS and AL GOSSETT vs. PATRICK A. HART, SUPERIOR MOTORS, INC., NELSON BOWERS, II, and BOWERS TRANSPORTATION GROUP, LLC Court:TCA Attorneys: Steven A. Riley, #6258 BOWEN, RILEY, WARNOCK & JACOBSON, PLC 1906 West End Avenue Nashville, TN 37203 ATTORNEY FOR PLAINTIFFS/APPELLANTS John P. Branham, #2552 Kathryn Barnett, #15361 BRANHAM & DAY, P.C. 150 Fourth Avenue North First Union Tower, Suite 1910 Nashville, TN 37219 ATTORNEY FOR DEFENDANTS/APPELLEES, PATRICK A. HART and SUPERIOR MOTORS, INC. H. Wayne Grant, #1573 David M. Elliott, #17966 GRANT, KONOALINKA & HARRISON, P.C. Suite 900 Republic Centre 633 Chestnut Street Chattanooga, TN 37450 ATTORNEYS FOR APPELLEES, NELSON E. BOWERS, II and BOWERS TRANSPORTATION GROUP, LLC Judge:TODD First Paragraph: This appeal represents a consolidation of two appeals in the same case by order of this Court entered on October 22, 1997, since which time the captioned number has appeared on all proceedings. These consolidated appeals are from rulings of the Trial Court in a single case involving the efforts of plaintiffs to purchase an automobile dealership. The issues are best understood from a detailed narration of the facts and subsequent proceedings. URL:http://www.tba.org/tba_files/TCA/hawkinsd_opn.WP6 J. B. HINSON and wife, MILDRED HINSON, THOMAS GUY PORTER and wife, GRACE PORTER, and CHARLES BOGGESS and wife, ROBERTA BOGGESS vs. BEECHVIEW CORPORATION, BEN GASPARRO, manager, BILL BATES, individually, and BEN GASPARRO, individually Court:TCA Attorneys: Douglas Thompson Bates, III P.O. Box 1 Centerville, Tennessee 37033 ATTORNEY FOR PLAINTIFFS/APPELLANTS James Y. Ross, Sr. Barrister's Building 102 Public Square North P.O. Box 1356 Waynesboro, Tennessee 38485 ATTORNEY FOR DEFENDANTS/APPELLEES Judge:TODD First Paragraph: The captioned plaintiffs seek enforcement of certain restrictions upon certain property located in the same area as that of the property of plaintiffs and to require an accounting for use of fees charged. URL:http://www.tba.org/tba_files/TCA/hinsonjb_opn.WP6 HOLLAND D. LANE and wife, CYNTHIA LANE; BOBBY JO KNIGHT and KAY GRIMES vs. WILLIE LEE BARR and wife, DOROTHY SUE BARR, individually and d/b/a BARR TIRE COMPANY, CHEATHAM COUNTY, TENNESSEE, R. D. HUFFINES, CHEATHAM COUNTY BUILDING COMMISSIONER, in his official capacity Court:TCA Attorneys: JERRY W. HAMLIN Ashland City, Tennessee Attorney for Appellants JOE F. GILLESPIE, JR. Joelton, Tennessee Attorney for Appellees Judge:HIGHERS First Paragraph: Plaintiffs/Appellants, Holland D. Lane, Cynthia Lane, Bobby Joe Knight, and Kay Grimes, appeal the judgment of the trial court dismissing their complaint, finding that appellants lacked standing to bring an action under Tenn. Code Ann. S 13-7 208(a)(2) and that the use of their land by defendants/appellees, Willie and Dorothy Barr, as a tire landfill was a prior non-conforming use. For reasons stated hereinafter, we affirm the decision of the trial court. URL:http://www.tba.org/tba_files/TCA/lanehd_opn.WP6 STATE OF TENNESSEE vs. MARLON MADISON, a child less than eighteen years of age Court:TCA Attorneys: CLINTON J. MORGAN 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, Tennessee 37243-0493 Attorney for Plaintiff/Appellee WANDA A. WHITE P. O. Box 556 Byrdstown, Tennessee 38549 GORDON T. GERMAIN P. O. box 515 Monticello, Kentucky 42633 Attorneys for Defendant/Appellant Judge:CANTRELL First Paragraph: The Juvenile Court of Pickett County found a juvenile to be delinquent for selling marijuana to a classmate. He appealed to the Circuit Court, which likewise found the child to be delinquent, and placed him on probation with the Department of Childrens' Services. We affirm the judgment of the Circuit Court. URL:http://www.tba.org/tba_files/TCA/madisonm_opn.WP6 DONALD R. McMAHAN vs. CANDACE WHISMAN, TENNESSEE DEPARTMENT OF CORRECTION Court:TCA Attorneys: DONALD R. McMAHAN, #126698 Northeast Correctional Center P. O. Box 5000 Mountain City, Tennessee 37683 Pro Se/Petitioner/Appellant JOHN KNOX WALKUP Attorney General and Reporter PATRICIA C. KUSSMANN Assistant Attorney General Second Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, Tennessee 37243 Attorney for Respondent/Appellee Judge:CANTRELL First Paragraph: The Chancery Court of Davidson County ruled that it lacked jurisdiction over a Petition for Declaratory Judgment filed by a prisoner in the custody of the Tennessee Department of Correction, and it dismissed the petition with prejudice. We affirm the dismissal, but we amend it to be without prejudice. URL:http://www.tba.org/tba_files/TCA/mcmahadr_opn.WP6 CHARLES MONTAGUE vs. TENNESSEE DEPARTMENT OF CORRECTION and WARDEN HOWARD CARLTON Court:TCA Attorneys: Charles Montague, #142349 7475 Cockrill Bend Industrial Road Nashville, Tennessee 37243 PRO SE/PLAINTIFF/APPELLANT Sohnia W. Hong Assistant Attorney General 425 Fifth Avenue North Second Floor, Cordell Hull Building Nashville, Tennessee 37243 ATTORNEY FOR DEFENDANTS/APPELLEES Judge:TODD First Paragraph: The plaintiff, a prisoner in the custody of the Tennessee Department of Correction, brought this action against the Department and its Commissioner seeking a declaratory judgment that he is entitled to a refund of $64.00 charged against his custodial account for a key lost by the prisoner. URL:http://www.tba.org/tba_files/TCA/montagch_opn.WP6 URL:http://www.tba.org/tba_files/TCA/montaguc_con.WP6 WAYNE MOORE and wife DONNA MOORE vs. RANDALL PHILLIPS, SR. and wife MAYME PHILLIPS; RANDALL F. PHILLIPS, JR. and wife MICHELLE PHILLIPS; and KENNETH LYNN HERRON Court:TCA Attorneys: For Plaintiffs/Appellees: For Defendants/Appellants: Stephen T. Greer Howard L. Upchurch Dunlap, Tennessee Pikeville, Tennessee Judge:KOCH First Paragraph: This appeal involves the enforcement of restrictions on the use of property in a rural subdivision in Sequatchie County. After their neighbors permitted a mobile home to be placed on their property, two property owners filed suit in the Chancery Court for Sequatchie County seeking to enforce common restrictions against mobile homes. The trial court upheld the restrictions and directed the removal of the mobile home. The owners of the property on which the mobile home was located and the owner of the mobile home have appealed. We have determined that the evidence supports the trial court's decision to enforce the restrictions and, therefore, affirm the judgment. URL:http://www.tba.org/tba_files/TCA/moorew_opn.WP6 NATIONAL HEALTHCARE, L.P. vs. SPARTA MEDICAL INVESTORS LIMITED PARTNERSHIP and the TENNESSEE HEALTH FACILITIES COMMISSION Court:TCA Attorneys: Robert B. Littleton Kathryn Ladd TRABUE, STURDIVANT & DeWITT 2500 Nashville City Center 511 Union Street Nashville, Tennessee 37219 ATTORNEY FOR PLAINTIFF/APPELLANT John Knox Walkup Attorney General and Reporter Michelle Hohnke Joss Assistant Attorney General Second Floor, Cordell Hull Building 425 Fifth Avenue, North Nashville, Tennessee 37243 ATTORNEYS FOR THE TENNESSEE HEALTH FACILITIES COMMISSION/DEFENDANT/APPELLEE Jerry W. Taylor WYATT, TARRANT & COMBS 511 Union Street, Suite 1500 Nashville, Tennessee 37219 ATTORNEY FOR SPARTA MEDICAL INVESTORS LIMITED PARTNERSHIP Judge:TODD First Paragraph: This appeal involves an existing health care facility in Sparta, Tennessee and a proposal to build a second health care facility in the same city. The existing facility opposed the construction of the new facility, but the Tennessee Health Facilities Commission (hereafter, Commission) granted a certificate of need (hereafter CON) authorizing the construction of the new facility. The existing facility petitioned for judicial review. The Trial Court affirmed the order of the Commission, and the existing facility appealed to this Court. URL:http://www.tba.org/tba_files/TCA/national_opn.WP6 URL:http://www.tba.org/tba_files/TCA/nationlc_con.WP6 DONNA S. OGILVIE vs. METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE Court:TCA Attorneys: JOEL H. MOSELEY MOSELEY & MOSELEY Suite 300, One Church Street 101 Church Street Nashville, Tennessee 37201-1609 Attorney for Plaintiff/Appellant JAMES L. MURPHY Director of Law Department of Law of the Metropolitan Government of Nashville and Davidson County PHILIP D. BALTZ Metropolitan Attorney 222 Third Avenue North, Suite 501 Nashville, Tennessee 37201 Attorney for Defendant/Appellee Judge:CANTRELL First Paragraph: The plaintiff sued the Metropolitan Government of Nashville and Davidson County, alleging that the dangerous and unsafe condition of a city sidewalk caused her to fall and sustain personal injuries. After a bench trial, the Circuit Court of Davidson County found that the sidewalk was not defective, unsafe, or dangerous and that the plaintiff was more than fifty percent at fault. We affirm. URL:http://www.tba.org/tba_files/TCA/ogilvids_opn.WP6 BOBBY F. RAMSEY vs. TED A BURKHALTER, FRANK RYAN and RAMSEY BURKHALTER, P.C. Court:TCA Attorneys: David T. Hooper, #5413 HOOPER & HOOPER, PLLC 109 Westpark Drive Suite 410 Brentwood, Tennessee 37027 ATTORNEY FOR PLAINTIFF/APPELLANT Jack W. Derryberry, Jr., #3870 WARD, DERRYBERRY & THOMPSON 1720 Parkway Towers 404 James Robertson Parkway Nashville, Tennessee 37219 ATTORNEY FOR DEFENDANTS/APPELLEES Judge:TODD First Paragraph: All of the captioned parties are certified public accountants who were participants as shareholders and employees of a professional corporation. The plaintiff, Bobby F. Ramsey, brought this action to recover salary due him and the value of his stock in the corporation. He has appealed from a judgment in his favor which he insists is inadequate. URL:http://www.tba.org/tba_files/TCA/ramseybf_opn.WP6 MICHAEL A. THOMPSON vs. TENNESSEE BOARD OF PAROLES, et. al. Court:TCA Attorneys: Michael A. Thompson, #131076 Turney Center Industrial Prison & Farm Route 1, Unit 2B-103 Only, Tennessee 37140 PRO SE/PLAINTIFF/APPELLANT John R. Miles, #013346 Counsel for the State Cordell Hull Building, Second Floor 425 Fifth Avenue South Nashville, Tennessee 37243-0488 ATTORNEYS FOR DEFENDANT/APPELLEE Judge:TODD First Paragraph: Michael A. Thompson, a prisoner in the custody of Tennessee Department of Correction has appealed from a summary judgment dismissing his petition for certiorari for judicial review of a decision of the Tennessee Board of Paroles denying parole. URL:http://www.tba.org/tba_files/TCA/thompsma_opn.WP6 TENNESSEE REAL ESTATE COMMISSION vs. THOMAS HOWARD HAMILTON, ET AL Court:TCA Attorneys: ALFRED H. KNIGHT WILLIS & KNIGHT Nashville, Tennessee Attorney for Appellants JOHN KNOX WALKUP ATTORNEY GENERAL & REPORTER CHRISTINE LAPPS ASSISTANT ATTORNEY GENERAL Nashville, Tennessee Attorney for Appellee J. RUSSELL FARRAR PAUL D. CAVER, JR. FARRAR & BATES, L.L.P. Nashville, Tennessee Attorneys for Amicus Curiae Tennessee Association of Realtors Judge:HIGHERS First Paragraph: Defendants/Appellants, Thomas H. Hamilton and Jeanette Hamilton individually and d/b/a LeConte Chalet Rentals and LeConte Chalet Rentals, Inc. ("LeConte") (collectively "defendants"), appeal the judgment of the trial court enjoining them from, inter alia, soliciting, representing, or promoting the overnight rental of chalets or cabins and the undertaking to rent, license the occupancy of, or lease such chalets or cabins. For reasons stated hereinafter, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/tnreales_opn.WP6 VILLAGES OF BRENTWOOD HOMEOWNERS ASSOCIATION, INC. vs. STEVEN J. WESTERMANN and wife MARIA A. WESTERMANN Court:TCA Attorneys: For Plaintiff/Appellee: For Defendants/Appellants: Robert F. Spann John A. Ascione Nashville, Tennessee Nashville, Tennessee Judge:KOCH First Paragraph: This appeal involves the enforcement of the restrictive covenants in a Nashville subdivision. After two residents began to construct improvements on their property without first obtaining approval of the subdivision's architectural committee, the homeowners association filed suit in the Chancery Court for Davidson County seeking injunctive relief to enforce the architectural control provisions in the subdivision's restrictive covenants. The trial court heard the case without a jury and issued an injunction directing the residents to cease the construction and to restore their property to a condition consistent with the subdivision covenants. The residents have appealed. Since neither party has filed a verbatim transcript of the proceedings or a statement of the evidence, we have reviewed the papers filed in the trial court and have determined that they contain no basis for reversing the trial court. Accordingly, the trial court's judgment is affirmed. URL:http://www.tba.org/tba_files/TCA/villageb_opn.WP6 WILLIAM WARE, VIRGINIA WARE, and SUMMER WARE vs. MICHAEL C. GREENE, Commissioner, State of Tennessee Department of Safety Court:TCA Attorneys: For the Plaintiffs/Appellants: For the Defendant/Appellee: John S. Colley, III John Knox Walkup COLLEY & COLLEY Attorney General and Reporter Columbia, Tennessee Rebecca Lyford Assistant Attorney General Judge:KOCH First Paragraph: This appeal involves the forfeiture under the Tennessee Drug Control Act of $4,710.75 in cash, twenty-two pistols, rifles and shotguns, a video camera, silver bars, and assorted gold and silver coins during a search of a residence in Waynesboro. The Commissioner of Safety ordered the currency and personal property forfeited despite the family's contention that an initial search of their home and property without a warrant was illegal. The family filed a petition for judicial review in the Chancery Court for Davidson County. The trial court found the personal property was lawfully seized after the officers obtained a search warrant and affirmed the forfeiture order. The family perfected this appeal. We have determined that there is substantial and material evidence to support the commissioner's decision. URL:http://www.tba.org/tba_files/TCA/warew_opn.WP6 RONALD DAVID DUKES and EDGAR VIRGIL DUKES, III vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellants: For Appellee: Douglas A. Trant John Knox Walkup Atty for Ronald David Dukes Attorney General & Reporter 900 S. Gay Street Suite 1502 Sandy C. Patrick Knoxville, TN 37902 Cordell Hull Bldg, Second Fl 425 Fifth Avenue North Michael L. DeBusk Nashville, TN 37243-0493 Atty for Edgar Virgil Dukes, III 5344 North Broadway Clifton H. Sexton Knoxville, TN 37918 Asst District Attorney General P.O. Box 10 Huntsville, TN 37756 Judge:WADE First Paragraph: The petitioners, Ronald David Dukes and Edgar Virgil Dukes, III, were convicted of the robbery, kidnapping and murder of the victim, Hollis Kitts. The trial court ordered Ronald Dukes to serve consecutive life sentences for first degree felony murder and armed robbery; a sentence of life plus five years was imposed for kidnapping to commit robbery by the use of a firearm. Edgar Dukes received identical sentences with the exception that the terms are to be served concurrently. URL:http://www.tba.org/tba_files/TCCA/dukesrd_opn.WP6 STATE OF TENNESSEE vs. ANNA M. EADIE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: COLLIER W. GOODLETT JOHN KNOX WALKUP Assistant Public Defender. Attorney General and Reporter 19th Judicial District 109 S. Second Street DARYL J. BRAND Clarksville, TN 37040 Assistant Attorney General Cordell Hull Building, Second Fl 425 Fifth Avenue North Nashville, TN 37243-0493 JOHN WESLEY CARNEY, JR. District Attorney General ARTHUR F. BIEBER Asst District Attorney General 204 Franklin Street, Suite 200 Clarksville, TN 37040 Judge:HAYES First Paragraph: The appellant, Anna M. Eadie, appeals as of right from the trial court's revocation of her community corrections sentence. She contends that the evidence presented at her revocation hearing is insufficient, as a matter of law, to support a revocation of community corrections. Based on our review of the briefs and of the entire record in this cause, we conclude that this is an appropriate case for affirmance under Rule 20, Tennessee Court of Criminal Appeals Rules. URL:http://www.tba.org/tba_files/TCCA/eadie_opn.WP6 STATE OF TENNESSEE vs. WALTER LEE ELLISON, JR. Court:TCCA Attorneys: FOR THE APPELLANT FOR THE APPELLEE Dana L. Scott John Knox Walkup Assistant Public Defender Attorney General and Reporter 18th Judicial District 450 James Robertson Parkway 117 East Main St. Nashville, TN 37243 Gallatin, TN 37066 Clinton J. Morgan Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Thomas Dean Asst District Attorney General 113 East Main St. Gallatin, TN 37066 Judge:LAFFERTY First Paragraph: The defendant, Walter Lee Ellison, Jr., appeals as of right from a ruling of the Sumner Criminal Court that revoked his probation. On June 20, 1996, upon a plea of guilty, the same Court sentenced the defendant in cause no. 9602, Count One, to two (2) years in the Tennessee Department of Correction for Burglary of a Building in and in Count Two, to two (2) years for Theft of Property over $1,000 to run concurrently. The defendant was placed on two years supervised probation after serving four (4) months in the Sumner County jail. The defendant complains that the trial court failed to exercise a conscientious and intelligent judgment in finding by a preponderance of the evidence that the defendant violated the terms and conditions of probation. We find the revocation of probation justified and affirm the Court's judgment. URL:http://www.tba.org/tba_files/TCCA/ellsonwl_opn.WP6 STATE OF TENNESSEE vs. WILLIAM RONALD JORDAN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SHARA ANN FLACY (at trial and on appeal) JOHN KNOX WALKUP District Public Defender Atty General & Reporter WILLIAM C. BRIGHT DARYL J. BRAND Asst. District Public Defender Asst. Attorney General P.O. Box 1208 425 Fifth Ave. North Pulaski, TN 38478-1208 Cordell Hull Bldg., 2d Fl Nashville, TN 37243-0493 GREGORY D. SMITH (on appeal) Attorney at Law T. MICHAEL BOTTOMS One Public Sq., Ste. 321 District Attorney General Clarksville, TN 37040 RICHARD H. DUNAVANT Asst. District Atty General P.O. Box 304 Pulaski, TN 38478-0304 Judge:WITT First Paragraph: The defendant, William Ronald Jordan, appeals following his convictions of attempted robbery and driving under the influence. He received his convictions in the Giles County Circuit Court after a jury trial. He is presently incarcerated in the Department of Correction serving his effective six year sentence consecutively to his sentence for a previous conviction. In this direct appeal, Jordan claims that the trial court erroneously failed to instruct the jury on the affirmative defense of renunciation and that he was denied a speedy trial. Having reviewed the briefs and arguments of the parties, the record, and the applicable law, we find no reversible error and affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/jordanwr_opn.WP6 JOHN A. STINNETT, JR. vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT O. BRAGDON JOHN KNOX WALKUP Suite 8, 1535 W. Northfield Blvd. Attorney General and Reporter Murfreesboro, TN 37129 DEBORAH A. TULLIS Asst Attorney General Cordell Hull Building, 2nd Fl 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM C. WHITESELL, JR. District Attorney General JOHN W. PRICE, III Asst District Atty General 303 Rutherford County Judicial Bldg Murfreesboro, TN 37130 Judge:SMITH First Paragraph: The petitioner, John A. Stinnett, Jr., appeals the trial court's denial of his petition for post-conviction relief. In this appeal of right, the petitioner contends that his pleas were neither knowingly nor voluntarily made due to the ineffective assistance of his attorney. Based on our review of the briefs and of the entire record in this cause, we conclude that this is an appropriate case for affirmance under Rule 20, Tennessee Court of Criminal Appeals Rules. URL:http://www.tba.org/tba_files/TCCA/stinnett_opn.WP6 KEITH DOUGLAS WOOTEN vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Peter B. Halverstadt John Knox Walkup Attorney at Law Attorney General and Reporter P.O. Box 158521 Nashville, TN 37215 Elizabeth B. Marney Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243-0493 David Durham Assistant District Attorney General 111 Cherry Street Lebanon, TN 37087 Judge:WADE First Paragraph: On March 16, 1989, the petitioner was convicted of two counts of armed robbery. The trial court imposed concurrent, Range II sentences of thirty-five years on each count. Because the convictions were pursuant to a plea agreement, there was no direct appeal. URL:http://www.tba.org/tba_files/TCCA/wootenkd_opn.WP6
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank