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TBALink Opinion-Flash
June 5, 1998 -- Volume #4 -- Number #086
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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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
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