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TBALink Opinion-Flash
June 10, 1998 -- Volume #4 -- Number #088
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
- 05-New Opinons From TSC-Workers Comp Panel
- 02-New Opinons From TCA
- 19-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.
- *NEW* Browse the Opinion List area of TBALink. This option will allow you
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
CLAYTON HOMES, INC. vs. ALBERT D. BOWLING Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Norbert J. Slovis Linda J. Hamilton Mowles Lockett, Slovis & Weaver Lewis, King, Krieg, Waldrop Eighth Floor, Medical Arts Bldg. & Catron, P.C. 603 Main Avenue One Centre Square P.O. Box 1668 620 Market St., Fifth Floor Knoxville, Tenn. 37901-1668 P.O. Box 2425 Knoxville, Tenn. 37901 Judge:THAYER First Paragraph: The appeal has resulted from a ruling of the trial court that the employee's attorney was not entitled to an award of attorney's fees from medical expenses recovered in the case. URL:http://www.tba.org/tba_files/TSC_WCP/claytonh_wc.WP6
GEORGE ELLIOTT
vs.
CITY OF CLARKSVILLE
Court:TSC - Workers Comp Panel
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
STACY A. TURNER W. TIMOTHY HARVEY
105 South Third Street 121 South Third Street
Clarksville, Tennessee 37040 Clarksville, Tennessee 37040
Judge:RUSSELL
First Paragraph:
The appellant worked for the City of Clarksville as a policeman. He
sued his employer, claiming that he had suffered a compensable stroke
resulting in permanent impairment, and relied upon the presumption
created by T.C.A. Section 7-51-201 that the alleged stroke was
presumed to have occurred or to be due to accidental injury suffered
in the course of employment.
URL:http://www.tba.org/tba_files/TSC_WCP/elliottg_opn.WP6
ROBERT LARRY JONES
vs.
MAGNETEK CENTURY ELECTRIC,
INC. and ITT HARTFORD
Court:TSC - Workers Comp Panel
Attorneys:
For Plaintiff: For Defendants:
Michael L. Weinman Stephen R. Butler and
Tatum, Tatum & Weinman Frank S. Cantrell
124 East Main St. Jackson, Shields, Yeiser & Cantrell
P. O. Box 293 262 German Oak Dr.
Henderson, TN 38340 Cordova, TN 38018
Judge:TOMLIN
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting of
findings of fact and conclusions of law. In this appeal, the
employer, Magnetek Century Electric, Inc., ("defendant") contends that
the trial court erred in awarding permanent partial disability
benefits on the basis of forty-nine percent (49%) disability to the
body as a whole as well as in commuting the award to a lump sum. The
panel finds that the award should be modified to one based on twelve
and one half percent (12 %) disability to the body as a whole and
that the trial court abused its discretion in making a lump sum award.
URL:http://www.tba.org/tba_files/TSC_WCP/jonesrob_opn.WP6
RANDALL WAYNE MYERS
vs.
ROYAL INSURANCE COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES W. WHITE DEBBIE C. HOLLIMAN
MARK W. PETERS WILLIAM JOSEPH BUTLER
WALLER, LANSDEN, DORTCH & DAVIS FARRAR & HOLLIMAN
Nashville City Center P. O. Box 488
511 Union Street, Suite 2100 Carthage, Tennessee 37030
Nashville, Tennessee 37219
Judge:RUSSELL
First Paragraph:
Randall Wayne Myers worked for Nissan for seven years doing
repetitive, hand-intensive assembly with power tools. As a result he
developed bilateral hand neuropathy. Surgical release of the right
carpal tunnel was performed, but the employee chose not to have
surgery on the left.
URL:http://www.tba.org/tba_files/TSC_WCP/myersrw_opn.WP6
LINDA LOU SHANK
vs.
WAL-MART STORES, INC.
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Wesley R. Kliner, Jr. D. Russell Thomas
Allen & Kliner, P.L.L.C. 218 West Main Street, Suite One
P.O. Box 23583 Murfreesboro, TN 37130
Chattanooga, TN 37422-3583
Judge:BYERS
First Paragraph:
Review of the findings of fact made by the trial court is de novo upon
the record of the trial court, accompanied by a presumption of the
correctness of the findings, unless the preponderance of the evidence
is otherwise. Tenn. Code Ann. S 50-6-225(e)(2); Stone v. City of
McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995).
URL:http://www.tba.org/tba_files/TSC_WCP/shanklin_opn.WP6
GREG SWAFFORD, M.D.
vs.
MEMPHIS INDIVIDUAL PRACTICE
ASSOCIATION, SOUTHERN HEALTH
PLAN, INC., THE APPLE PLAN, a
Product of the Southern Health Plan,
Inc., a Federally Qualified Health
Maintenance Organization, BLUE
CROSS AND BLUE SHIELD OF
TENNESSEE, INC., THCC, INC., a
Tennessee Non-Profit Corporation
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendants/Appellees
Memphis Individual Practice
Association and Southern
Health Plan, Inc.:
William J. Simmons John I. Houseal, Jr.
Memphis, Tennessee William L. Bomar
Leo Bearman, Jr.
Sean M. Haynes
Gary K. Smith
Steven S. Heinrichs
Memphis, Tennessee
Judge:FARMER
First Paragraph:
This is a libel suit brought by a physician against a health
maintenance organization and related health insurance entities. The
trial court granted summary judgment in favor of the defendants based
on the statute of limitations. The lawsuit involves allegedly false
information reported to the National Practitioner Data Bank. In an
issue of first impression, we hold that each dissemination of the
allegedly defamatory information by the Data Bank gives rise to a
separate cause of action. The grant of summary judgment is affirmed
in part and reversed in part, and the cause is remanded.
URL:http://www.tba.org/tba_files/TCA/swafforg_opn.WP6
JUDITH ANN WARREN TAYLOR
vs.
MICHAEL RAYMOND TAYLOR
Court:TCA
Attorneys:
Marti L. Kaufman, MONROE, KAUFMAN & McGHEE, Memphis, Tennessee
Attorney for Defendant/Appellant.
Stevan L. Black,
Kimberly Harris Jordan,
BLACK, BOBANGO & MORGAN, P.C., Memphis, Tennessee
Attorney for Plaintiff/Appellee.
Judge:FARMER
First Paragraph:
Judith Ann Taylor ("Wife") filed a complaint for divorce against
Michael Raymond Taylor ("Husband") and also sought an injunction
prohibiting Husband from dissipating marital assets. Husband filed an
answer and counter-complaint for divorce. The trial court granted
Wife the divorce on the grounds of inappropriate marital conduct and
awarded her rehabilitative alimony, partial attorney fees, and 60% of
the marital assets. Husband appeals and raises the following issues:
whether the trial court erred (1) in awarding Wife rehabilitative
alimony of $1,300 per month for 60 months; (2) in ordering Husband to
pay $20,000 as alimony in solido for Wife's attorney fees; (3) in
ordering Husband to pay a portion of Wife's health insurance coverage;
(4) in requiring Husband to maintain a life insurance policy which
exceeds the total amount of child support owed; and (5) in dividing
the marital property of the parties. Wife submits the additional
issue of whether she is due attorney fees on appeal. For the reasons
stated below, we find no error and affirm the trial court's judgment
in all respects.
URL:http://www.tba.org/tba_files/TCA/taylorja_opn.WP6
STATE OF TENNESSEE
vs.
DONALD GENE BROOKS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GREGORY D. SMITH (on appeal) JOHN KNOX WALKUP
Attorney At Law Attorney General & Reporter
One Public Sq., Ste. 321
Clarksville, TN 37040 JANIS L. TURNER
Counsel for the State
EDWARD E. DEWERFF (at trial) 425 Fifth Ave. N., 2d Floor
Attorney at Law Nashville, TN 37243-0493
103 S. Third St.
Clarksville, TN 37040 JOHN W. CARNEY, JR.
District Attorney General
ARTHUR BIEBER
Asst. District Attorney General
204 Franklin St., Ste. 200
Clarksville, TN 37040
Judge:WITT
First Paragraph:
The defendant, Donald Gene Brooks, stands convicted of first degree
felony murder, especially aggravated robbery, theft of property valued
over $1,000, and setting fire to personal property, all related to the
robbery and killing of Joseph J. Wisniewski. He received his
convictions following a jury trial in the Montgomery County Criminal
Court. Brooks is incarcerated in the Department of Correction serving
his effective sentence of life plus 27 years. In this direct appeal,
Brooks challenges the sufficiency of the convicting evidence and the
length of sentence imposed. Having reviewed the record and the briefs
of the parties, we affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/brooksdg_opn.WP6
STATE OF TENNESSEE
vs.
JAMES D. CAULEY
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Thomas F. Bloom John Knox Walkup
500 Church Street Attorney General and Reporter
Fifth Floor
Nashville, TN 37219 Deborah A. Tullis
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. (Torry) Johnson III
District Attorney General
Steve R. Dozier
Asst. District Attorney General
Washington Square, Suite 500
222-2nd Avenue N
Nashville, TN 37201-1649
Judge:Hayes
First Paragraph:
The appellant, James D. Cauley, appeals from an order entered in the
Criminal Court for Davidson County dismissing his petition for
post-conviction relief. The appellant contends that he was denied
effective assistance of counsel.
URL:http://www.tba.org/tba_files/TCCA/cauleyjd_opn.WP6
STATE OF TENNESSEE
vs.
MICHAEL DWAYNE DAVIS
Court:TCCA
Attorneys:
FOR THE APPELLANT:
TOM W. CRIDER
District Public Defender
JOYCE DIANE STOOTS
Assistant Public Defender
107 S. Court Square
Trenton, TN 38382-1866
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
GEORGIA BLYTHE FELNER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
CLAYBURN L. PEEPLES
District Attorney General
EDWARD L. HARDISTER
Assistant District Attorney General
110 College Street, Suite 200
Trenton, TN 38382-1841
Judge:SMITH
First Paragraph:
The defendant, Michael Dwayne Davis, entered guilty pleas in the
Gibson County Circuit Court to one (1) count of aggravated burglary, a
Class C felony, and one (1) count of theft over $1,000, a Class D
felony. The trial court sentenced him as a Range I offender to
concurrent sentences of four (4) years for aggravated burglary and two
(2) years for theft. The trial court ordered that defendant serve
one (1) year in incarceration with the balance to be served on
community corrections. On appeal, defendant argues that the trial
court erred in enhancing his aggravated burglary sentence one (1) year
above the minimum and in denying full probation. We affirm the
judgment of the trial court, but modify the period of incarceration to
six (6) months.
URL:http://www.tba.org/tba_files/TCCA/davismic_opn.WP6
STATE OF TENNESSEE
vs.
JOSEPH W. EZELL
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
John H. Henderson John Knox Walkup
District Public Defender Attorney General and Reporter
Larry D. Drolsum Karen M. Yacuzzo
Assistant Public Defender Assistant Attorney General
407-C Main Street 425 Fifth Avenue North
Franklin, TN 37065 Nashville, TN 37243-0493
Joseph D. Baugh, Jr.
District Attorney General
Jeffrey P. Burks
Assistant District Attorney
Williamson County Courthouse
Suite G-6
Franklin, TN 37065
Judge:Barker
First Paragraph:
The appellant, Joseph W. Ezell, appeals as of right the sentences he
received in the Williamson County Circuit Court. Appellant was given
an effective sentence of thirty (30) years as a Range II offender for
his guilty pleas to numerous theft and burglary offenses. On appeal,
he challenges both the length of his sentences and the order of
consecutive sentences. After a review of the record, we affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/ezelljwe_opn.WP6
JERRY LEE FINCH
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
D. Michael Dunavant John Knox Walkup
Bank of Ripley Building Attorney General & Reporter
P.O. Box 150
Ripley, TN 38063 Elizabeth T. Ryan
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
Elizabeth T. Rice
District Attorney General
Mark E. Davidson
Asst District Attorney General
302 Market Street
Somerville, TN 38068
Judge:WADE
First Paragraph:
The petitioner, Jerry Lee Finch, appeals as of right from a judgment
of the trial court dismissing his petition for post-conviction relief.
The single issue presented for our review is whether the petitioner
was denied the effective assistance of counsel. We find no error and
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/finchjl_opn.WP6
STATE OF TENNESSEE
vs.
ERIC M. FLORENCE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Terry J. Leonard John Knox Walkup
Attorney at Law Attorney General & Reporter
9 North Court Square 425 Fifth Avenue, North
P. O. Box 957 Nashville, TN 37243-0497
Camden, TN 38320
Douglas D. Himes
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 37243-0493
G. Robert Radford
District Attorney General
111 Church Street
P. O. Box 686
Huntingdon, TN 38344-0686
Jerry W. Wallace
Asst District Attorney General
P. O. Box 637
Parsons, TN 38363-0637
Judge:WADE
First Paragraph:
The defendant, Eric M. Florence, entered pleas of guilt in the General
Sessions Court of Benton County to possession of marijuana and
unlawful possession of alcohol. He was sentenced to eleven months and
twenty-nine days in the county jail; all but two days were suspended
on each count. The sentences were to be concurrently served. The
defendant incurred additional charges and his probation was revoked.
He served a portion of his general sessions sentence and then moved
the court to suspend the remainder. The general sessions court denied
the motion. The defendant appealed to the circuit court. That court
affirmed the decision of the general sessions court.
URL:http://www.tba.org/tba_files/TCCA/florence_opn.WP6
BRUCE WAYNE FLOURNOY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT:
RUSSELL A. LARSON
(At Hearing)
211 E. Main Street
P.O. Box 2163
Jackson, TN 38302-2163
PAMELA J. DREWERY
(On Appeal)
1008 W. Forest
Jackson, TN 38301
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
ELIZABETH T. RYAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
JAMES G. (JERRY) WOODALL
District Attorney General
ALFRED LYNN EARLS
Assistant District Attorney General
225 Martin Luther King Drive
P.O. Box 2825
Jackson, TN 38302-2825
Judge:RILEY
First Paragraph:
The petitioner, Bruce Wayne Flournoy, appeals the order of the Madison
County Circuit Court denying his petition for post-conviction relief
after an evidentiary hearing. Petitioner was convicted upon his
guilty pleas to first degree murder and aggravated rape and received
concurrent sentences of life imprisonment and twenty (20) years,
respectively. On appeal, petitioner claims that he received
ineffective assistance of counsel and his guilty pleas were not
knowingly, intelligently and voluntarily entered. After a thorough
review of the record, the briefs submitted by the parties, and the law
governing the issues presented for review, it is the opinion of this
Court that the judgment of the trial court should be affirmed.
URL:http://www.tba.org/tba_files/TCCA/flournbw_opn.WP6
STATE OF TENNESSEE
vs.
ANTHONY P. GEANES
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN C. MASK, JR. JOHN KNOX WALKUP
P.O. Box 611 Attorney General & Reporter
Bolivar, TN 38008
CLINTON J. MORGAN
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243-0493
ELIZABETH T. RICE
District Attorney General
JERRY W. NORWOOD
Assistant District Attorney General
302 Market Street
Somerville, TN 38068
Judge:WOODALL
First Paragraph:
The Defendant, Anthony P. Geanes, appeals as of right from his
conviction in the Circuit Court of Hardeman County. Following a jury
trial, Defendant was convicted of delivery of a Schedule II controlled
substance. He was sentenced to serve fifteen (15) years as a Range II
Offender. In this appeal, Defendant challenges the sufficiency of the
evidence and the length of his sentence. We affirm the judgment of
the trial court.
URL:http://www.tba.org/tba_files/TCCA/geanesap_opn.WP6
STATE OF TENNESSEE
vs.
WILLIAM WAYLON JACKSON,
a.k.a. BILL JACKSON
Court:TCCA
Attorneys:
FOR THE APPELLANT:
KATHLEEN L. CALDWELL
Taylor, Halliburton, Ledbetter & Caldwell
44 N. Second Street, Suite 200
Memphis, TN 38103-2220
JOSEPH L. PATTERSON
(Trial Only)
225 W. Baltimore Street
Jackson, TN 38301-6137
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
GEORGIA BLYTHE FELNER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
G. ROBERT RADFORD
District Attorney General
JOHN W. OVERTON, JR.
Assistant District Attorney General
P.O. Box 484
Savannah, TN 38372-0484
JERRY W. WALLACE
Assistant District Attorney General
P.O. Box 637
Parsons, TN 38363-0637
Judge:RILEY
First Paragraph:
The defendant, William Waylon Jackson, was convicted by a Decatur
County jury of three (3) counts of the sale of marijuana over one-half
( ) ounce, Class E felonies. The trial court sentenced him as a Range
II offender to concurrent terms of three (3) years for each count and
denied alternative sentencing. On appeal, defendant contends that the
trial court erred in denying his motion to dismiss the indictment as
it violated the mandatory joinder provision of Tenn. R. Crim. P. 8(a).
He further argues that the trial court imposed excessive sentences
and improperly denied alternative sentencing. We affirm the judgment
of the trial court.
URL:http://www.tba.org/tba_files/TCCA/jacksoww_opn.WP6
DALE MORRIS JENKINS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Wade Bobo John Knox Walkup
129 South Third Street Attorney General and Reporter
Clarksville, TN 37040
Lisa A. Naylor
Assistant Attorney General
Criminal Justice Division
Cordell Hull Building, Second Fl
425 Fifth Avenue North
Nashville, TN 37243-0493
Arthur F. Bieber
Asst District Attorney General
204 Franklin Street, Ste. 200
Clarksville, TN 37040
Judge:WADE
First Paragraph:
The petitioner, Dale Morris Jenkins, appeals from the trial court's
denial of post-conviction relief. Convicted of first degree murder,
the petitioner received a sentence of life imprisonment for the 1991
murder of the victim, Florence Ogburn. In this appeal of right, the
single issue presented for our review is whether the petitioner's
trial counsel was ineffective.
URL:http://www.tba.org/tba_files/TCCA/jenknsdm_opn.WP6
STATE OF TENNESSEE
vs.
KENNETH LEATH
Court:TCCA
Attorneys:
FOR THE APPELLEE: FOR THE APPELLANT:
GEORGE MORTON GOOGE JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
STEPHEN P. SPRACHER MARVIN E. CLEMENTS, JR.
Assistant Public Defender Assistant Attorney General
227 West Baltimore 2nd Floor, Cordell Hull Building
Jackson, TN 38301 425 Fifth Avenue North
Nashville, TN 37243
JAMES G. WOODALL
District Attorney General
JAMES W. THOMPSON
Asst District Attorney General
225 Martin Luther King Drive
P.O. Box 2825
Jackson, TN 38302
Judge:WOODALL
First Paragraph:
In this case, the State has filed a notice of appeal pursuant to Rule
3 of the Tennessee Rules of Appellate Procedure. The trial court
sentenced Defendant, Kenneth Leath, to six (6) years incarceration in
the Department of Correction as a Range II offender for his conviction
of burglary in violation of Tennessee Code Annotated section
39-14-402. In a three (3) count indictment, the Defendant was
originally charged with one (1) count of burglary, one (1) count of
theft of property less than $500.00 value, and one (1) count of
vandalism in an amount less than $500.00. The Defendant's guilty plea
was entered on July 16, 1997. On that date, a document styled "Plea
of Guilty and Waiver of Jury Trial and Appeal" was signed by the
Defendant, his counsel, and the Assistant District Attorney. That
document specifically states that the sentence to be imposed upon the
negotiated plea agreement pursuant to Rule 11(e)(1)(C) of the
Tennessee Rules of Criminal Procedure, was an eight (8) year, Range II
sentence in the Department of Correction. The theft and vandalism
charges were to be dismissed. At the guilty plea hearing, the trial
court agreed to allow the Defendant to plead guilty, but unilaterally
reduced the length of sentence to six (6) years. We reverse and
remand this case to the trial court for further proceedings consistent
with this opinion.
URL:http://www.tba.org/tba_files/TCCA/leathk_opn.WP6
WADE JAMES ODUM
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
N. ANDY MYRICK, JR. JOHN KNOX WALKUP
116 West Market Street Attorney General & Reporter
Fayetteville, TN 37334
TIMOTHY F. BEHAN
Assistant Attorney General
2nd Fl., Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
WILLIAM MICHAEL McCOWN
District Attorney General
WEAKLEY E. BARNARD
Asst District Attorney General
P.O. Box 904
Fayetteville, TN 37334
Judge:WOODALL
First Paragraph:
The Petitioner, Wade James Odum, appeals from the order denying his
petition for post-conviction relief. Petitioner was convicted of
theft and was sentenced as a career offender to serve fifteen (15)
years in the Tennessee Department of Correction. After the conviction
was affirmed on direct appeal, Petitioner timely filed his petition
for post-conviction relief. Following an evidentiary hearing, the
trial court dismissed the petition. Petitioner argues the trial court
erred in denying him relief based upon the Sixth Amendment right to
the effective assistance of counsel. We affirm the judgment of the
trial court.
URL:http://www.tba.org/tba_files/TCCA/odumwj_opn.WP6
STATE OF TENNESSEE
vs.
NORMAN JEFFREY PIPKIN
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Mike Mosier John Knox Walkup
Attorney at Law Attorney General & Reporter
204 West Baltimore
P.O. Box 1623 Elizabeth T. Ryan
Jackson, TN 38302-1623 Assistant Attorney General
425 Fifth Avenue North
Cordell Hull Building, Second Fl
Nashville, TN 37243-0493
Elizabeth T. Rice
District Attorney General
Hardeman County Courthouse
Bolivar, TN 38008
Jerry Norwood
Asst District Attorney General
Hardeman County Courthouse
Bolivar, TN 38008
Judge:WADE
First Paragraph:
The defendant, Norman Jeffrey Pipkin, was denied an application for
pretrial diversion. In this interlocutory appeal pursuant to Rule 9,
Tennessee Rules of Appellate Procedure, the defendant presents one
issue for review: whether the trial court erred by ruling that the
district attorney did not abuse her discretion in denying the
defendant's application for pretrial diversion.
URL:http://www.tba.org/tba_files/TCCA/pipkin_opn.WP6
ODELL SMITH
vs.
STATE OF TENNESSEE
Court:TCCA
Judge:HAYES
First Paragraph:
This matter is before the Court upon the state's motion to affirm the
trial court's judgment pursuant to Rule 20, Rules of the Court of
Criminal Appeals. The record reflects that the petitioner originally
received several convictions for burglary, grand larceny, and
receiving stolen property in 1975 and 1979. The record also shows
that the petitioner has filed at least four petitions for
post-conviction relief challenging the validity of these convictions.
See e.g. Odell Smith v. State, No. 102, Shelby County (Tenn. Crim.
App., at Jackson, Sep. 27, 1989), perm. to app. denied, (Tenn., Jan.
2, 1990).
URL:http://www.tba.org/tba_files/TCCA/smith-o_ord.WP6
VICTOR THOMPSON
vs.
STATE OF TENNESSEE
Court:TCCA
Judge:SUMMERS
First Paragraph:
This case represents an appeal from the dismissal of the petitioner's
second petition for post-conviction relief. In 1992, the petitioner
pled guilty to second degree murder and aggravated assault and
received a fifty year sentence. No appeal apparently was taken. The
petitioner, by and through counsel, subsequently filed a petition for
post-conviction relief. The trial court denied the petition after
conducting an evidentiary hearing. This Court affirmed the denial on
appeal, Victor Thompson v. State, No. 02C01-9509-CR-00256 (Tenn. Crim.
App., July 25, 1997), and the Supreme Court denied permission to
appeal on October 27, 1997.
URL:http://www.tba.org/tba_files/TCCA/thomps-v_ord.WP6
STATE OF TENNESSEE
vs.
JAMES E. THOMPSON
Court:TCCA
Attorneys:
FOR THE APPELLANT:
JOHN KNOX WALKUP
Attorney General and Reporter
KENNETH W. RUCKER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
ELIZABETH T. RICE
District Attorney General
302 Market Street
P.O. Box 563
Somerville, TN 38068
FOR THE APPELLEE:
ROBERT G. MILLAR
802 Troy Avenue
P.O. Box 507
Dyersburg, TN 38025-0507
Judge:SMITH
First Paragraph:
The State of Tennessee appeals the order of the trial court dismissing
its petition to have the defendant, James E. Thompson, declared an
Habitual Motor Vehicle Offender (HMVO) pursuant to Tenn. Code Ann. S
55-10-603. We reverse the ruling of the trial court and remand the
case for further proceedings consistent with this opinion.
URL:http://www.tba.org/tba_files/TCCA/thompson_opn.WP6
STATE OF TENNESSEE
vs.
AMANDA TREECE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
C. MICHAEL ROBBINS JOHN KNOX WALKUP
3074 East Street Attorney General & Reporter
Memphis, TN 38128
(On Appeal) PETER M. COUGHLAN
Assistant Attorney General
2nd Fl., Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
GEORGE MORTON GOOGE JAMES G. WOODALL
District Public Defender District Attorney General
MICHAEL RASNAKE DONALD H. ALLEN
Assistant Public Defender Asst District Attorney General
227 West Baltimore Street 225 Martin Luther King Drive
Jackson, TN 38301 P.O. Box 2825
(At Trial) Jackson, TN 38302
Judge:WOODALL
First Paragraph:
Following an evidentiary hearing, the Circuit Court of Chester County
entered an order which revoked Defendant's probation and ordered her
to serve her original sentence of four (4) years in the Tennessee
Department of Correction. The Defendant, Amanda Treece, appeals from
that action of the trial court. While Defendant does not challenge
the revocation of probation, she argues in her sole issue on appeal
that the trial court erred by requiring her to serve her entire
sentence by incarceration in the Department of Correction. We affirm
the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/treecea_opn.WP6
STATE OF TENNESSEE
vs.
ERIC DEFORREST WHORTON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN KNOX WALKUP CLIFFORD K. MCGOWN, JR.
Attorney General & Reporter Attorney at Law
113 North Court Square
Waverly, TN 37185
(Appeal Only)
KENNETH W. RUCKER
Assistant Attorney General STEPHEN P. SPACHER
425 Fifth Avenue, North Assistant Public Defender
Nashville, TN 37243-0493 227 West Baltimore Street
Jackson, TN 38301
JAMES G. WOODALL (Trial Only)
District Attorney General
OF COUNSEL:
JAMES W. THOMPSON GEORGE MORTON GOOGE
Asst District Atty General District Public Defender
P. O. Box 2825 227 Baltimore Street
Jackson, TN 38302-2825 Jackson, TN 38301
Judge:RILEY
First Paragraph:
The appellant, State of Tennessee (state), appeals as of right from a
judgment of the trial court denying its petition to fully revoke the
probation of the defendant, Eric Deforrest Whorton. In this Court,
the state contends the trial court abused its discretion by "failing
to revoke the defendant's probation." After a thorough review of the
record, it is the opinion of this Court that the judgment of the trial
court should be affirmed.
URL:http://www.tba.org/tba_files/TCCA/whortoed_opn.WP6
JAMES YATES
vs.
DON SUNDQUIST, Governor of,
the State of Tennessee,
DONAL CAMPBELL,
Commissioner of the
Tennessee Department of
Correction, DAVID MILLS,
Warden of the Tennessee
State Prison for Men,
CHARLES TRAUGHBER,
Chairman of the Tennessee
Board of Paroles, THE
TENNESSEE SENTENCING
COMMISSION, in their
individual and official
capacities
Court:TCCA
Attorneys:
For the Appellant: For the Appellees:
Trippe Steven Fried John Knox Walkup
King, Turnbow & Brisby Attorney General and Reporter
203 Third Avenue South
Franklin, TN 37064 Daryl J. Brand
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Joseph D. Baugh
District Attorney General
P. O. Box 937
Franklin, TN 37065-0937
Judge:Hayes
First Paragraph:
The appellant, James Yates, appeals the summary dismissal of his pro
se application for writ of habeas corpus. The appellant is currently
incarcerated in the Turney Center correctional facility in Hickman
County, where he is serving concurrent sentences of life imprisonment
and nine years for his convictions for open rebellion with the intent
to kill and aggravated assault upon a corrections officer. These
convictions occurred in July, 1985, while the appellant was confined
as an inmate in the Ft. Pillow correctional facility in Lauderdale
County.
URL:http://www.tba.org/tba_files/TCCA/yatesj_opn.WP6
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