-
TBALink Opinion-Flash
July 16, 1998 -- Volume #4 -- Number #106
What follows is the case style or name, first paragraph, author's name, and the names of the attorneys for the parties of each opinion released today from Tennessee's 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
- 14-New Opinons From TCA
- 27-New Opinons From TCCA
- 00-New Opinons From TSC
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Editor-in-Chief, TBALink
LIBERTY MUTUAL INSURANCE COMPANY v BRINTON, JR., DIRECTOR OF THE WORKERS' COMPENSATION DIV., DEPT. OF LABOR SECOND INJURY FUND Court:TSC - Workers Comp Panel For the Appellant: For the Appellee: Dianne Stamey Dycus James T. Shea, IV 425 Fifth Avenue North 607 Market St., 11th Floor 2nd Floor, Cordell Hull Bldg. P.O. Box 1708 Nashville, Tenn. 37243-0499 Knoxville, Tenn. 37901-1708 Judge: THAYER 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 to the Supreme Court of findings of fact and conclusions of law. This appeal presents a novel issue arising from the provisions of T.C.A. S 50 6-238(b), which is one of the 1992 amendments to the Workers' Compensation Act. The appeal was perfected by the defendant, The Tennessee Department of Labor Second Injury Fund, from a ruling of the trial court awarding plaintiff, Liberty Mutual Insurance Company, a judgment in the sum of $6,526.52. URL:http://www.tba.org/tba_files/TSC_WCP/libertym_wc.WP6
JAMES K. ALLEN, v JIM WISEMAN,
Court:TCA
PAUL CAMPBELL, JR.
WILLIAM R. HANNAH
CAMPBELL & CAMPBELL
1200 James Building
735 Broad Street
Chattanooga, Tennessee 37402-1835
Attorneys for Plaintiff/Appellant
LELA M. HOLLABAUGH
MANIER, HEROD, HOLLABAUGH & SMITH
2200 First Union Tower
150 Fourth Avenue North
Nashville, Tennessee 37219
Attorney fo
Judge: BEN H. CANTRELL
First Paragraph:
This is a legal malpractice action arising out of a criminal
case. The plaintiff was convicted of assault and criminal
trespass and he charges his attorney with multiple failures
before, during, and after the trial, the most serious being the
failure to retain a court reporter to preserve the evidence
introduced in the criminal case. The Circuit Court of Rutherford
County granted summary judgment to the defendant. We affirm.
URL:http://www.tba.org/tba_files/TCA/allenjk_opn.WP6
ROSALYNN C. DONOHO, v WILLIAM J. DONOHO, JR.,
Court:TCA
HUGH GREEN
100 Public Square
Lebanon, Tennessee 37087
ATTORNEY FOR PLAINTIFF/APPELLEE
JAMES C. McBROOM
C. EDWARD SCUDDER, JR.
211 Printers Alley Building, Suite 502
Nashville, Tennessee 37201
ATTORNEYS FOR DEFENDANT/APPELLANT
Judge: WILLIAM B. CAIN
First Paragraph:
In this case defendant appeals an adverse jury verdict in a
personal injury action. Appellant and appellee were married in
the mid-seventies and divorced in 1983. They reconciled after
their divorce and had been living together for approximately five
years at the time of the incident of February 20, 1993 which
precipitated the law suit at bar. On that day, William J.
Donoho, Jr. physically assaulted Rosalynn C. Donoho. After a one
day trial, a jury assessed $85,000 compensatory damages and
$15,000 punitive damages against Mr. Donoho. His motion for a
new trial or, in the alternative, for a remittitur was overruled
by the trial court and he appealed.
URL:http://www.tba.org/tba_files/TCA/donohor_opn.WP6
HARPETH VALLEY UTILITIES DISTRICT OF DAVIDSON AND WILLIAMSON
COUNTIES, TENNESSEE
v
METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY,
TENNESSEE
Court:TCA
ROBERT E. PARKER
L. MARSHALL ALBRITTON
PARKER, LAWRENCE, CANTRELL & DEAN
Fifth Floor, 200 Fourth Avenue, North
Nashville, TN 37219
Attorneys for Plaintiff-Appellant
PAUL D. KRIVACKA
Department of Law
204 Metropolitan Courthouse
Nashville, TN 37201
Attorney for Defendant-Appellee
Judge: Houston M. Goddard
First Paragraph:
This is a suit by Harpeth Valley Utilities District, a municipal
corporation organized under the Utility District laws of
1937--T.C.A. Title 7, Chapter 82, against Metropolitan Government
of Nashville and Davidson County, Tennessee. Harpeth Valley-
advancing two theories, breach of contract and unjust enrichment-
seeks to recover interest it asserts it is due as to $75,000 paid
to Metropolitan Government by owners of lots in two separate
subdivisions to insure that the subdivisions could receive
approval by the Metropolitan Planning Commission by providing the
funds necessary to install water and waste water treatment
services in the event such services were not provided by the
developers or the Utility District.
URL:http://www.tba.org/tba_files/TCA/harpethv_opn.WP6
GRETCHEN HART, v RONALD RICK HART,
Court:TCA
J. Russell Heldman, #9989
320 Main Street, Suite 101
Franklin, Tennessee 37064
John J. Hollins, #2452
HOLLINS, WAGSTER & YARBROUGH, P.C.
Suite 2210, SunTrust Center
424 Church Street
Nashville, Tennessee 37219
ATTORNEYS FOR PLAINTIFF/APPELLANT
James G. Martin, III, #3083
FARRIS, WARFIELD & KANADAY, PLC
Eighteenth Floor, SunTrust Center
424 Church Street
Nashville, Tennessee 37219
ATTORNEY FOR DEFENDANT/APPELLEE
Judge: HENRY F. TODD
First Paragraph:
This is a post-divorce decree proceeding to adjust the amount of
periodic alimony. The wife has appealed from the judgment of the
Trial Court increasing the alimony from $1,000 per month to
$1,350 per month.
URL:http://www.tba.org/tba_files/TCA/hartgret_opn.WP6
KEITH JOHNSON, et ux, et al.,
v
FORTUNES UNTOLD, INC., d/b/a EASY MONEY PAWN SHOP, et al.,
Court:TCA
KEVIN W. SHEPHERD, SHEPHERD & WHITE, P.A., Maryville, for
Plaintiffs Appellants Lance Denault and Dina Denault.
ROCKFORDE D. KING and WESLEY L. HATMAKER, EGERTON, McAFEE,
ARMISTEAD & DAVIS, P.C., Knoxville, for Defendant-Appellee
Fortunes Untold, Inc., d/b/a Easy Money Pawn Shop.
WILLIAM A. YOUNG, O'NEIL, PARKER & WILLIAMSON, Knoxville, for
Defendant-Appellee Finchum Construction Company, Inc.
LINDA J. HAMILTON MOWLES, LEWIS, KING, KRIEG, WALDROP & CATRON,
P.C., Knoxville, for Defendant-Appellee Hackney Petroleum, Inc.
Judge: Franks, J.
First Paragraph:
The Trial dismissed plaintiffs' causes of action for personal
injury on the basis that the statute of limitations had run
before the action was properly brought, pursuant to Rule 3,
T.R.C.P.
URL:http://www.tba.org/tba_files/TCA/johnsnk_opn.WP6
ADOLPH C. LAVIN and JEAN LAVIN, surviving parents of TROY JAMES
LAVIN, Deceased, and ADOLPH C. LAVIN, in his capacity as
Administrator of the estate of TROY JAMES LAVIN,
v
ROSS JORDON, SUSAN JORDON, and SEAN JORDON,
Court:TCA
Charles R. Ray, #3188 Vincent E. Wehby, #2288
211 Third Avenue North 501 Union Street, Suite 500
Nashville, Tennessee 37219-8288 Nashville,Tennessee 37219
ATTORNEYS FOR PLAINTIFFS/APPELLANTS
John L. Norris, #6007
HOLLINS, WAGSTER & YARBROUGH, P.C.
Suite 2210, 424 Church Street
SunTrust Center
Nashville, Tennessee 37219
ATTORNEY FOR DEFENDANTS/APPELLEES
Judge: HENRY F. TODD
First Paragraph:
The plaintiff, Adolph C. Lavin and wife, Jean Lavin, surviving
parents of Troy James Lavin, brought this action against Ross and
Susan Jordon and their son, Sean Jordon, for the wrongful death
of Troy Lavin, who was shot and killed by Sean Jordon. The Trial
Judge entered an interlocutory partial judgment on the pleadings
limiting the recovery from the parents of Sean Jordon to
$10,000.00 pursuant to T.C.A. SS 37-10-101, 102 and 103 which
reads as follows: 37-10-101. Property damage by juvenile -
Recovery against parents or guardian. - Any municipal
corporation, county, township, village, school district or
department of the state of Tennessee, or any person, or any
religious organization, whether incorporated or unincorporated,
shall be entitled to recover damages in an action in assumpsit in
an amount not to exceed ten thousand dollars ($10,000.00) in a
court of competent jurisdiction from the parents or guardian of
the person of any minor under the age of twenty-one (21) years,
living with the parents or guardian of the person who shall
maliciously or willfully destroy property, real, personal or
mixed, belonging to such municipal corporation, county, township,
village, school district or department of the state of Tennessee
or persons or religious organizations. [Acts 1967, ch. 76, S 1;
1969, ch. 170, S 1.] 37-10-102. Limitation on amount of
recovery. - The recovery shall be limited to the actual damages
in an amount not to exceed ten thousand dollars ($10,000) in
addition to taxable court costs. [Acts 1957, ch. 76. S 2; 1969,
ch. 170, S 2.] 37-10-103. Due care and diligence as barring
recovery. No recovery shall be had if the parent or guardian of
the person shows due care and diligence in his care and
supervision of such minor child.
URL:http://www.tba.org/tba_files/TCA/lavinac_opn.WP6
MOORE CONSTRUCTION COMPANY, INC., and PAUL W. MOORE,
v
STORY ENGINEERING COMPANY,INC., and RODDY L. STORY,
Court:TCA
For Plaintiffs/Appellants: For Defendants/Appellees:
Thomas N. Bateman John T. Horton
Robert T. Bateman Brewer, Krause, Brooks & Mills
Bateman, Bateman & Darnell Nashville, Tennessee
Clarksville, Tennessee
Judge: WILLIAM C. KOCH, JR.
First Paragraph:
This appeal stems from a construction contract to improve the
natural gas transmission system in the City of Clarksville.
After the City awarded the contract, an unsuccessful bidder sued
the project engineer in the Circuit Court for Montgomery County,
claiming interference with prospective economic advantage,
defamation, and disparagement. The trial court granted the
project engineer's motion for summary judgment, and the
unsuccessful bidder has appealed to this court. We have
determined that the summary judgment was appropriate because
Tennessee does not recognize the tort of interference with
prospective economic advantage and because the project engineer's
statements concerning the unsuccessful bidder were true.
URL:http://www.tba.org/tba_files/TCA/moorecon_opn.WP6
NASHVILLE ELECTRIC SERVICE, v DON STONE,
Court:TCA
DAVID J. TARPLEY
LEGAL AID SOCIETY OF MIDDLE TENNESSEE
Nashville, Tennessee
Attorney for Appellant
JOHN E. BUFFALOE, JR.
BUFFALOE & SHARP
Nashville, Tennessee
Attorney for Appellee
Judge: ALAN E. HIGHERS
First Paragraph:
Defendant/counter claimant/appellant, Don Stone ("Stone"),
appeals the judgment of the trial court dismissing his
counterclaim holding that the Federal Trade Commission ("FTC")
rules and regulations do not impose upon a third party creditor
such as NES the direct responsibility of placing the language of
the "holder" rule codified at 16 C.F.R. S 433(b)(2) in their loan
documents. For reasons stated hereinafter, we affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCA/nes_opn.WP6
BOB PARKS, JOHN E. HARNEY, III, and GARY BOWMAN,
v
WILLIAM J. REINHART and wife, JUDITH F. REINHART,
Court:TCA
JOHN G. MITCHELL, JR.
120 E. Main Street
P. O. Box 1336
Murfreesboro, Tennessee 37133-1336
Attorney for Plaintiffs/Appellees
LAURA TEK
1994 N. Gallatin Road
Madison, Tennessee 37115
Attorney for Defendants/Appellants
Judge: BEN H. CANTRELL
First Paragraph:
This is a dispute over a drainage easement. The Chancery Court
of Rutherford County reformed the deed from the defendants to the
plaintiffs to include a description of the easement. We affirm
the lower court's judgment, but we modify the judgment to reflect
the purchasers' obligation to keep the easement cleaned out.
URL:http://www.tba.org/tba_files/TCA/parksb_opn.WP6
JOHN ROBERTSON,
v
TENNESSEE WALKING HORSE BREEDERS' AND EXHIBITORS' ASSOCIATION,
Court:TCA
For Plaintiff/Appellant: For Defendant/Appellee:
Donald E. Parish Marc O. Dedman
Ivey, Parish & Johns Julie-Karel Elkin
Huntingdon, Tennessee Spicer, Flynn & Rudstrom
Nashville, Tennessee
Diane Segroves
Bobo, Hunt & Bobo
Shelbyville, Tennessee
Judge: WILLIAM C. KOCH
First Paragraph:
This appeal arises from a breeder's expulsion from the Tennessee
Walking Horse Breeders' and Exhibitors' Association. The
Association revoked the breeder's membership and permanently
suspended his horse registration privileges for registering a
false pedigree for two horses. The breeder sued the Association
in the Circuit Court for Marshall County alleging wrongful
expulsion and defamation and seeking reinstatement. After
considering the parties' cross motions for summary judgment, the
trial court granted the Association's motion and dismissed the
case. On this appeal, the breeder asserts that the Association
failed to follow its own bylaws and thereby deprived him of a
valuable property right without adequate notice. We have
determined that the Association substantially complied with its
bylaws and rules and provided the breeder with fair notice and an
opportunity to be heard. Accordingly, we affirm the trial
court's decision to grant the Association's summary judgment
motion.
URL:http://www.tba.org/tba_files/TCA/robrtsnj_opn.WP6
CONNIE LEWIS THOMASSON v JOSEPH RICHARD THOMASSON,
Court:TCA
W. DAVID KELLEY
Haynes, Hull, Rieder, & Ewell, P.A.
214 North Atlantic Street
Tullahoma, Tennessee 37388
RANDALL W. MORRISON
115 West Lincoln Street
P. O. Box 467
Tullahoma, Tennessee 37388
ATTORNEYS FOR PLAINTIFF/APPELLEE
ROGER J. BEAN
MARK W. BELL
Henry, McCord, Bean &
Miller, P.L.L.C.
300 North Jackson Street
P. O. Box 538
Tullahoma, Tennessee 37388
ATTORNEYS FOR DEFENDANT/APPELLANT
Judge: WILLIAM B. CAIN
First Paragraph:
Appellant Joseph Richard Thomasson, Jr. appeals a judgment of the
trial court holding him to be in criminal contempt for refusal to
comply with court ordered visitation relative to his two minor
sons and his former wife, appellee Connie Lewis Thomasson.
URL:http://www.tba.org/tba_files/TCA/thomasso_opn.WP6
MARK S. TIDMAN and EVELYN J. TIDMAN,
v
THE SALVATION ARMY, JAMES R. WORTHY, BERTHA WORTHY, KENNETH E.
BREWER, FRED RUTH,
Court:TCA
LARRY L. CRAIN
101 Westpark Drive, Suite 250
Brentwood, Tennessee 37027
Attorney for Plaintiffs/Appellants
L. GINO MARCHETTI, JR.
WILLIAM G. MCCASKILL, JR.
TAYLOR, PHILBIN, PIGUE, MARCHETTI
& BENNETT, PLLC
One Union Street
P. O. Box 198169
Nashville, Tennessee 37219-8169
Attorneys for Defendants/Appellees
Judge: BEN H. CANTRELL
First Paragraph:
Two former Salvation Army officers, a husband and wife who had
been demoted and discharged, sued their superior officers and The
Salvation Army itself for invasion of privacy, intentional
infliction of emotional distress, negligent infliction of
emotional distress, and outrageous conduct. The Circuit Court of
Davidson County dismissed the complaint for failure to state a
claim upon which relief can be granted. We affirm, and hold, in
addition, that the defendants' actions were protected by the
First Amendment to the United States Constitution.
URL:http://www.tba.org/tba_files/TCA/tidmanms_opn.WP6
LARRY G. TRAIL,
v
TRANSPORTATION MANAGEMENT SERVICES, AND SKYLINE TRANSPORTATION,
INC.,
Court:TCA
For Transportation For Skyline
Management Services: Transportation, Inc.:
Roland M. Lowell Linda J. Hamilton Mowles
Bruce, Weathers, Corley, Lewis, King, Krieg, Waldrop
Dughman & Lyle & Catron
Nashville, Tennessee Knoxville, Tennessee
Judge: WILLIAM C. KOCH, JR
First Paragraph:
This appeal involves a dispute between two trucking companies
over the enforceability of a contract to sell intrastate
operating rights along specified routes in Middle and East
Tennessee. The purchaser declined to honor the contract when it
became worthless as a result of federal deregulation of
intrastate commercial trucking. In an interpleader action filed
in the Chancery Court for Rutherford County, the seller asserted
that the purchaser breached the contract, and the purchaser
asserted that the contract permitted it to cancel in the event of
deregulation. The trial court granted the seller's motion for
summary judgment after determining that the purchaser did not
have the right to cancel the contract because the federal
deregulation occurred after the contract's consummation date.
The purchaser asserts on this appeal that it is entitled to
relief from its contractual obligation because the contract was
essentially worthless. We have determined that the contract
remains enforceable and, therefore, affirm the trial court.
URL:http://www.tba.org/tba_files/TCA/traillg_opn.WP6
DONNA WILLIS and the FRANKLIN COUNTY EDUCATION ASSOCIATION,
v.
FRANKLIN COUNTY BOARD OF EDUCATION and PATTY PRIEST,
Superintendent of Franklin County Schools,
Court:TCA
For Plaintiffs/Appellants: For Defendants/Appellees:
Charles Hampton White Robert G. Wheeler, Jr.
Richard L. Colbert Charles W. Cagle
Cornelius & Collins Lewis, King, Krieg, Waldrop & Catron
Nashville, Tennessee Nashville, Tennessee
Judge: WILLIAM C. KOCH, JR.
First Paragraph:
This appeal involves a public school employee's employment rights
under a contract between the Franklin County Board of Education
and the Franklin County Education Association. After accepting a
lower paying teaching position when her central office job was
abolished, the employee and her union filed suit in the Chancery
Court for Franklin County alleging that the school superintendent
and the school board had breached the contract. The trial court,
sitting without a jury, held that the school superintendent and
the school board had not breached the contract and had not acted
arbitrarily or improperly by offering the employee a teaching
position. We affirm the trial court's judgment because we have
determined that the reemployment rights available to laid off
employees do not apply to employees whose positions have been
abolished, and that the evidence does not show that the school
superintendent or the school board acted improperly.
URL:http://www.tba.org/tba_files/TCA/willisd_opn.WP6
STATE OF TENNESSEE, v JOHN ADAMS and RITA ADAMS,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
John Adams John Knox Walkup
Michael E. Scholl Attorney General & Reporter
Attorney at Law
200 Jefferson Avenue Peter M. Coughlan
Memphis, TN 3803 Assistant Attorney General
425 Fifth Avenue North
Rita Adams 2d Floor, Cordell Hull Building
A C Wharton, Jr. Nashville, TN 37243-0493
Shelby County Public Defender
William L. Gibbons
Walker Gwinn District Attorney General
Assistant Public Defender
201 Poplar Avenue, Suite 201 Amy P. Weirich
Memphis, TN 38103 Assit District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103
Judge: PAUL G. SUMMERS
First Paragraph:
The appellants, John and Rita Adams, were convicted by a jury of
aggravated child abuse through neglect in the Shelby County
Criminal Court. Rita Adams was also convicted of assault. The
appellants were sentenced to twenty years in the Department of
Correction. They have appealed. We affirm all convictions and
sentences.
URL:http://www.tba.org/tba_files/TCCA/adamsj&r_opn.WP6
DANNY E. GARRETT, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
DANNY E. GARRETT, PRO SE JOHN KNOX WALKUP
Northeast Correction Complex Attorney General & Reporter
P.O. Box 5000
Mountain City, TN 37683 TIMOTHY F. BEHAN
Asst. Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
RANDALL E. NICHOLS
District Attorney General
City-County Building
Knoxville, TN 37902
Judge: CURWOOD WITT
First Paragraph:
The petitioner, Danny E. Garrett, appeals the Knox County
Criminal Court's denial of his petition for habeas corpus relief.
On October 5, 1987, Garrett pleaded guilty to armed robbery and
assault with intent to commit murder. The defendant made no
direct appeal but filed two previous post conviction petitions.
This court affirmed the dismissals of these petitions as both
were barred by the applicable statute of limitations. Danny E.
Garrett v. State, No. 03C01-9411-CR-00429 (Tenn. Crim. App.,
Knoxville, July 25, 1995), perm. app. denied (Tenn. 1996); Danny
Garrrett v. State, No. 03C01-9603-CR-00111 (Tenn. Crim. App.,
Knoxville, Dec. 12, 1997). In this habeas corpus petition, which
he filed on March 20, 1997, Garrett alleged a deprivation of the
right to counsel during the hearing in which his 1986 pro se
motions for speedy trial and for dismissal were considered, and
he complained of the trial court's denial of a motion, filed
November 27, 1996, for a transcript of cases that apparently had
been pending in Knox County General Sessions Court in 1986. The
trial court treated this habeas corpus petition as one for
post-conviction relief and dismissed it without a hearing on
April 6, 1997.
URL:http://www.tba.org/tba_files/TCCA/garretde_opn.WP6
WILLIAM MICHAEL HOBSON, v. STATE OF TENNESSEE,
Court:TCCA
Judge: DAVID H. WELLES,
First Paragraph:
O R D E R
This matter is before the Court upon the state's motion
requesting that the judgment in the above-styled cause be
affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals
Rules. Finding that the issue raised on appeal has become moot,
we grant the state's motion.
URL:http://www.tba.org/tba_files/TCCA/hobsonwm_ord.WP6
JAMES A. HOOPER,v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
PRO SE JOHN KNOX WALKUP
Attorney General & Reporter
TIMOTHY E. BEHAN
Assistant Attorney General
Cordell Hull Bldg., Second Floor
425 Fifth Avenue, North
Nashville, TN 37243-0493
CHARLES E. HAWK, JR.
District Attorney General
FRANK A. HARVEY
Assistant District Attorney
P. O. BOX 703
KINGSTON, TN 37763
Judge: WILLIAM B. ACREE
First Paragraph:
The appellant, James A. Hooper, appeals as of right the trial
court's dismissal of his petition for post-conviction relief. We
affirm the trial court. In 1992, the appellant was indicted in a
multi-count indictment charging him with aggravated rape for
crimes which were committed in 1990. He was convicted of three
counts, but those convictions were reversed by the Court of
Criminal Appeals. In 1995, the appellant entered a plea of
guilty to one count of aggravated sexual battery, a lesser
included offense of Count 5.
URL:http://www.tba.org/tba_files/TCCA/hooper_op.WP6
RONALD L. JONES, v. STATE OF TENNESSEE,
Court:TCCA
For the Appellant: For the Appellee:
Alan R. Beard John Knox Walkup
601 Chattanooga Bank Bng Attorney General of Tennessee
615 Lindsey Street and
Chattanooga, TN 37402 Clinton J. Morgan
Asst Attorney General of Tennessee
425 Fifth Avenue North
Nashville, TN 37243-0493
William H. Cox, III
District Attorney General
and
David Denny
Asst District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
Judge: Joseph M. Tipton
First Paragraph:
The petitioner, Ronald L. Jones, appeals as of right from the
Hamilton County Criminal Court's summary dismissal of his pro se
petition for post-conviction relief on the ground that it was
barred by the statute of limitations. The petitioner contends
that the petition was timely filed under the 1995 Post-Conviction
Procedure Act. He argues that the application of the statute of
limitations violates his due process rights because he was
unaware of developments in Tennessee law because he was
incarcerated in a federal prison in Kansas. We affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/jonesrl_opn.WP6
George Killingsworth, v Charles Jones,
Court:TCCA
Judge: JERRY L. SMITH
First Paragraph:
O R D E R
The petitioner is appealing the trial court's denial of his
petition for writ of habeas corpus. Petitioner was indicted on
one count each of aggravated rape and aggravated sexual battery.
Petitioner was tried and found guilty by a Davidson County jury.
The petitioner contends that the judgment entered against him is
void because the indictment failed to allege the mens rea of the
offense charged.
URL:http://www.tba.org/tba_files/TCCA/killingg_ord.WP6
DAVID MCDOWELL, v. CHARLES JONES, Warden,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
DAVID MCDOWELL JOHN KNOX WALKUP
Pro Se Attorney General and Reporter
#109129
M.C.R.C.F. TIMOTHY F. BEHAN
P. O. Box 2000 Assistant Attorney General
Wartburg, TN 37887-2000 425 Fifth Avenue North
Nashville, TN 37243-0493
CHARLES E. HAWK
District Attorney General
FRANK HARVEY
Assistant District Attorney
P. O. Box 703
Kingston, TN 37763
Judge: JERRY L. SMITH
First Paragraph:
Appellant David McDowell was convicted by a jury in the Bradley
County Criminal Court of aggravated rape. As a Range I standard
offender, he was sentenced to twenty-two years incarceration with
the Tennessee Department of Correction. This Court affirmed the
conviction. State v. David McDowell, No. 251 Bradley County
(Tenn. Crim. App., Knoxville, October 23, 1986). On December 30,
1996, Appellant filed an application for writ of habeas corpus in
the Morgan County Criminal Court, alleging that he was being
illegally restrained on a conviction and sentence based upon a
fatally defective indictment which failed to properly set forth a
mens rea. The trial court denied the writ on February 14, 1997.
Appellant presents the following issue for our consideration in
this appeal: whether the trial court erred in dismissing the
petition for habeas corpus relief.
URL:http://www.tba.org/tba_files/TCCA/mcdowda_opn.WP6
STATE OF TENNESSEE, v RALPH MILLER,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
GARY ANTRICAN JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
SHANA C. McCOY-JOHNSON JANIS L. TURNER
Asst. Public Defender Counsel for the State
P.O. Box 700 John Sevier Bldg.
Somerville, TN 38068 425 Fifth Ave., North
Nashville, TN 37243 0493
ELIZABETH T. RICE
District Attorney General
302 Market St. East
Somerville, TN 38068
Judge: JOHN H. PEAY
First Paragraph:
The defendant was indicted for felony escape, a Class E felony.
He pled guilty, and the trial court sentenced him as a Range III
career offender. In this appeal as of right, the defendant
contends that the State failed to prove he qualified for
sentencing as a Range III career offender. We affirm.
URL:http://www.tba.org/tba_files/TCCA/millerr_opn.WP6
TIMOTHY EUGENE MORRIS, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT:
GREG W. EICHELMAN
District Public Defender
MICHAEL A. WALCHER
Assistant District Public Defender
1609 College Park Drive, Box 11
Morristown, TN 37813-1618
JAMES S. ROACH
Attorney at Law
P. O. Box 1495
Johnson City, TN 37605-1495
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
MICHAEL E. MOORE
Solicitor General
KENNETH RUCKER
JOHN BAKER
Assistant Attorneys General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
C. BERKELEY BELL, JR.
District Attorney General
ERIC D. CHRISTIANSEN
Assistant District Attorney General
109 South Main, Ste. 501
Greeneville, TN 37743
Judge: JOE G. RILEY
First Paragraph:
Petitioner, Timothy Eugene Morris, appeals the dismissal of his
second post-conviction relief petition by the Criminal Court of
Greene County. He was previously convicted in 1981 of first
degree murder and sentenced to death.
URL:http://www.tba.org/tba_files/TCCA/morriste_opn.WP6
STATE OF TENNESSEE, v. MELVIN LEWIS PEACOCK,
Court:TCCA
For the Appellant: For the Appellee:
Mark J. Fishburn John Knox Walkup
100 Thompson Lane Attorney General of Tennessee
Nashville, TN 37211 and
Lisa A. Naylor
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
and
Katrin Novak Miller
Assistant District Attorney General
Washington Square
222 2nd Avenue, North
Nashville, TN 37201-1649
Judge: Joseph M. Tipton
First Paragraph:
The defendant, Melvin Lewis Peacock, appeals as of right from his
jury convictions in Davidson County for possession with intent to
sell three hundred grams or more of a substance containing
cocaine, a Class A felony, and for the unlawful possession of a
weapon, a Class E felony. The trial court sentenced the
defendant as a Range I, standard offender to twenty years in the
custody of the Department of Correction for the cocaine
possession conviction and to a concurrent two-year sentence in
the custody of the Department of Correction for the weapon
possession conviction. The trial court ordered the defendant to
serve the twenty-year sentence consecutively to an earlier
sentence. The defendant presents the following issues for our
review:
(1) the trial court erred when it denied the defendant's motion
to suppress the evidence seized by the police pursuant to a
search warrant on the basis that an exact copy of the warrant was
not left with the defendant;
(2) the trial court erred in denying the defendant's motion in
limine to preclude the state from introducing into evidence five
car titles found in a safe; and
(3) the trial court erred in permitting the state to recall
Curtis Peacock as a witness during its case-in-chief.
We affirm the trial court's judgment of conviction.
URL:http://www.tba.org/tba_files/TCCA/peacockm_opn.WP6
DANNY E. ROGERS,v. STATE OF TENNESSEE,
Court:TCCA
For Appellant: For Appellee:
Jerry B. Bible, Attorney John Knox Walkup
11 Courthouse Square, Suite B Attorney General and Reporter
Jasper, TN 37347
Sandy C. Patrick
Assistant Attorney General
Cordell Hull Building, 2 Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
J. Michael Taylor
District Attorney General
James W. Pope, III
Asst District Attorney General
First American Building
Third and Market Streets
Dayton, TN 37321
Judge: GARY R. WADE
First Paragraph:
The petitioner, Danny E. Rogers, appeals the trial court's denial
of his petition for post-conviction relief. In this appeal of
right, the single issue presented for review is whether the
petitioner was denied his right to effective assistance of
counsel.
URL:http://www.tba.org/tba_files/TCCA/rogersde_opn.WP6
STATE OF TENNESSEE, v. MICHAEL W. SIMMONS,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
C. MICHAEL ROBBINS JOHN KNOX WALKUP
3074 East Street Attorney General and Reporter
Memphis, TN 38128
MARVIN E. CLEMENTS, JR.
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
JERRY WOODALL
District Attorney General
DONALD ALLEN
Assistant District Attorney General
P.O. Box 2825
Jackson, TN 38302
Judge: DAVID H. WELLES,
First Paragraph:
ORDER
The Defendant was convicted on a jury verdict of one count of
especially aggravated kidnapping and one count of aggravated
kidnapping. He was sentenced to concurrent terms of 21 years and
9 years, to be served in the Department of Correction as a 100
percent violent offender. He appeals from his convictions and
his sentences. We find no merit to the Defendant's appeal, and
we affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/simmonmw_ord.WP6
THOMAS MICHAEL STONE, v STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
VICKI H. HOOVER JOHN KNOX WALKUP
123 N. Poplar St. Attorney General & Reporter
Paris, TN 38242
PETER M. COUGHLIN
Asst. Attorney General
425 5th Avenue North
Nashville, TN 37243
ROBERT RADFORD
District Attorney General
P.O. Box 686
Huntingdon, TN 38344
Judge: DAVID H. WELLES
First Paragraph:
The Defendant, Thomas Michael Stone, was indicted for rape of a
child, rape, and incest, and convicted by a jury of all three
charges. The convictions were affirmed on direct appeal. State
v. Thomas Michael Stone, C.C.A. No. 02C01-9503-CC-00063, Henry
County (Tenn. Crim. App., Jackson, Dec. 13, 1995). In this
post-conviction relief proceeding filed on October 10, 1996, the
Defendant contends that he received ineffective assistance of
counsel at trial and on appeal. After an evidentiary hearing,
the post-conviction court denied relief. Upon our review of the
record, we affirm.
URL:http://www.tba.org/tba_files/TCCA/stonetm_opn.WP6
KEVIN SMITH TUCKER, v STATE OF TENNESSEE,
Court:TCCA
Judge: DAVID H. WELLES
First Paragraph:
O R D E R
This matter is before the Court upon the state's motion
requesting that the judgment in the above-styled cause be
affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals
Rules.
URL:http://www.tba.org/tba_files/TCCA/tuckerks_ord.WP6
STATE OF TENNESSEE, v. RONNIE WALDEN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Douglas A. Trant John Knox Walkup
Attorney at Law Attorney General & Reporter
900 S. Gay Street
Suite 1502 Elizabeth B. Marney
Knoxville, TN 37902 Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
Nashville, TN 37243-0493
William Paul Phillips
District Attorney General
P.O. Box 10
Huntsville, TN 37756
Clifton Sexton, Jr.
Michael Ripley
Shane Sexton
Assistant District Attorneys General
P.O. Box 323
Jacksboro, TN 37757
Judge: PAUL G. SUMMERS
First Paragraph:
The appellant, Ronnie Walden, was convicted of felony murder and
sentenced to life imprisonment. The appellant filed a pro se
motion for a new trial, alleging ineffective assistance of
counsel. The trial court denied the motion. The appellant
appeals. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/waldenro_opn.WP6
STATE OF TENNESSEE, v. MARCUS WELCOME,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
MARK E. STEPHENS JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
R. SCOTT CARPENTER TODD R. KELLEY
Asst. Public Defender Asst. Attorney General
1209 Euclid Ave. John Sevier Bldg.
Knoxville, TN 37921 425 Fifth Ave., North
Nashville, TN 37243 0493
RANDALL NICHOLS
District Attorney General
MARSHA SELECMAN
Asst. District Attorney General
-and-
JERRY HALL
Acting Asst. District Attorney General
City-County Bldg.
Knoxville, TN 37902
Judge: JOHN H. PEAY
First Paragraph:
The defendant was indicted for robbery. Following a trial, the
jury returned a verdict of guilty. In this appeal as of right,
the defendant argues that the convicting evidence is insufficient
to sustain his conviction and that a remark made by the
prosecutor during closing argument amounts to reversible error.
Finding no merit in the defendant's arguments, we affirm.
URL:http://www.tba.org/tba_files/TCCA/welcomem_opn.WP6
STATE OF TENNESSEE, v ADRIAN WHITE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
BRETT B. STEIN JOHN KNOX WALKUP
236 Adams Ave. Attorney General & Reporter
Memphis, TN 38103
ELIZABETH T. RYAN
WAYNE CHASTAIN Asst. Attorney General
66 Monroe, Suite 804 John Sevier Bldg.
Memphis, TN 338103 425 Fifth Ave., North
(Trial Only) Nashville, TN 37243-0493
WILLIAM L. GIBBONS
District Attorney General
THOMAS D. HENDERSON
JENNIFER NICHOLS
Asst. District Attorneys General
201 Poplar St., Suite 301
Memphis, TN 38103
Judge: JOHN H. PEAY
First Paragraph:
The defendant was convicted of first-degree murder and two counts
of aggravated robbery. In this appeal as of right, he argues
that the trial court erred in allowing the State to read the
indictment to the jury and in instructing the jury on "reasonable
doubt." Finding no merit in either of these arguments, we
affirm.
URL:http://www.tba.org/tba_files/TCCA/whitea_opn.WP6
STATE OF TENNESSEE, v GREGORY WHITFIELD,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
A C Wharton, Jr. John Knox Walkup
Shelby County Public Defender Attorney General & Reporter
Tony N. Brayton Georgia Blythe Felner
Assistant Public Defender Counsel for the State
(On Appeal) Criminal Justice Division
Cordell Hull Building, 2 Floor
Michael Johnson 425 Fifth Avenue North
Kevin Reed Nashville, TN 37243-0493
Assistant Public Defenders
201 Poplar Avenue, Suite 201 William L. Gibbons
Memphis, TN 38103 District Attorney General
(At Trial)
David B. Shapiro
Chris Marshburn
Asst District Attorneys General
201 Poplar Avenue, Suite 301
Memphis, TN 38103
Judge: PAUL G. SUMMERS
First Paragraph:
The appellant, Gregory Whitfield, was convicted by a jury of
aggravated robbery and aggravated assault in the Shelby County
Criminal Court. The trial court overruled his motion for a new
trial and he appeals. The sole issue for our review is whether
the evidence is sufficient to support the jury's verdict.
URL:http://www.tba.org/tba_files/TCCA/whitfiel_opn.WP6
STATE OF TENNESSEE, v. BRUCE E. WILLIAMS,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
MACK GARNER JOHN KNOX WALKUP
Office of the Public Defender Attorney General and Reporter
Fifth Judicial District
421 High Street CLINTON J. MORGAN
Maryville, TN 37804 Assistant Attorney General
425 Fifth Avenue North
GERALD L. GULLEY, JR. Nashville, TN 37243
(On Appeal Only)
Contract Appellate Defender MIKE FLYNN
P. O. Box 1708 District Attorney General
Knoxville, TN 37901
EDWARD P. BAILEY, JR.
Assistant District Attorney
362 Court Street
Knoxville, TN 37804
Judge: JERRY L. SMITH
First Paragraph:
ORDER
On August 19, 1996, Appellant, Bruce E. Williams, was placed on
probation. As part of the probation, an electronic monitoring
system would call Appellant's residence to confirm that Appellant
was abiding by his curfew. On three separate occasions the
system was unable to contact the Appellant. On February 2, 1997,
Appellant was arrested for public intoxication. Again, on
February 18, 1997, Appellant was arrested for driving under the
influence and habitual motor offender.
URL:http://www.tba.org/tba_files/TCCA/williamb_ord.WP6
STATE OF TENNESSEE, v. PHIL WILKERSON,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
CHARLES M. CORN JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
P.O. Box 1453
Cleveland, TN 37364-1453 CLINTON J. MORGAN
Counsel for the State
Criminal Justice Division
425 Fifth Ave. North
2nd Floor, Cordell Hull building
Nashville, TN 37243-0493
JERRY N. ESTES
District Attorney General
Washington Ave.
Athens, TN 37303
AMY REEDY
Asst District Attorney General
P.O. Box 647
Athens, TN 37303-1453
Judge: CURWOOD WITT
First Paragraph:
The defendant, Phil Wilkerson, was convicted in a bench trial in
the McMinn County Criminal Court of two counts of the sale of
less than .5 gram of cocaine, a class C felony. As a career
offender, he was sentenced to fifteen years, the mandatory
maximum penalty, on each count. The trial court ordered that
sentences in the instant case run concurrently but that they be
served consecutively to a twelve-year sentence on a prior
conviction. In this appeal, the defendant contends that the
evidence was insufficient to prove that he was the seller of the
cocaine rather than a procuring agent for the purchaser and that
the trial court erred in running the fifteen-year sentences
consecutively to the earlier sentence. We find the evidence
sufficient to support the defendant's convictions but remand the
case to the trial court for reconsideration of the consecutive
sentencing issue.
URL:http://www.tba.org/tba_files/TCCA/wlkrsnp_opn.WP6
DEON BRADEN, v STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT:
HERSHELL D. KOGER
131 North First Street
P.O. Box 1148
Pulaski, TN 38478
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
LISA A. NAYLOR
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
T. MICHAEL BOTTOMS
District Attorney General
STELLA L. HARGROVE
Assistant District Attorney General
10 Public Square
P.O. Box 1619
Columbia, TN 38402-1619
Judge: JOE G. RILEY
First Paragraph:
The petitioner, Deon Braden, appeals the trial court's denial of
his petition for post-conviction relief. He alleges his original
guilty plea was involuntary and trial counsel rendered
ineffective assistance by failing to inform him of the potential
sentence he could receive. After a thorough review of the
record, we REMAND to the trial court with instructions to enter
findings of fact and conclusions of law. Alternatively, if the
trial court is unable to make findings of fact due to the passage
of time, a new hearing should be held.
URL:http://www.tba.org/tba_files/TCCA/bradend_opn.WP6
STATE OF TENNESSEE, v DERRICK BURKEEN
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIAM C. BRIGHT JOHN KNOX WALKUP
Assistant Public Defender Attorney General and Reporter
22nd Judicial District
128 North 2nd Street JANIS L. TURNER
P.O. Box 1208 Assistant Attorney General
Pulaski, TN 38478 Cordell Hull Building, Second Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
T. MICHAEL BOTTOMS
District Attorney General
JESSE DURHAM
Assistant District Attorney General
P.O. Box 459
Lawrenceburg, TN 38464
Judge: CURWOOD WITT
First Paragraph:
The appellant, Derrick Burkeen, appeals as of right from the
trial court's revocation of his probation sentence. He contends
that the trial court erred in revoking his probation and in
failing to consider sentencing alternatives other than
incarceration. We affirm the judgment.
URL:http://www.tba.org/tba_files/TCCA/burkeen_opn.WP6
STATE OF TENNESSEE, v DEWEY L. CLARK,
Court:TCCA
FOR THE APPELLEE: FOR THE APPELLANT:
Jeff D. Rader John Knox Walkup
Ogle, Wynn & Rader Attorney General & Reporter
Attorneys at Law
103 E. Bruce Street Timothy F. Behan
P.O. Box 5365 Assistant Attorney General
Sevierville, TN 37864 Criminal Justice Division
Cordell Hull Building, 2nd Floor
James H. Ripley 425 Fifth Avenue North
Sharp & Ripley Nashville, TN 37243-0493
Attorneys at Law
P.O. Box 4630 Alfred C. Schmutzer, Jr.
Sevierville, TN 37864 District Attorney General
Charles E. Atchley, Jr.
Assistant District Attorney General
125 Court Avenue, Room 301 E
Sevierville, TN 3786
Judge: PAUL G. SUMMERS
First Paragraph:
The Sevier County Grand Jury indicted the appellee, Dewey L.
Clark, on four counts of illegally dispensing controlled
substances while employed as a pharmacist and one count of theft
of property (controlled substances) over $500. The state denied
Clark's application for pretrial diversion. He filed a petition
for certiorari in the trial court challenging the state's
decision. The trial court found that the prosecutor had abused
his discretion in denying diversion. This Court granted the
state's application for an interlocutory appeal pursuant to Rule
9 of the Tennessee Rules of Appellate Procedure. The issue is
whether the trial court's decision is supported by a
preponderance of the evidence. We affirm.
URL:http://www.tba.org/tba_files/TCCA/clarkdew_opn.WP6
STATE OF TENNESSEE,v RANDY LEMING,
Court:TCCA
FOR THE APPELLANT:
JERRY K. GAYLON
119 Court Avenue
Sevierville, TN 37862-3511
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
TODD R. KELLEY
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
ALFRED C. SCHMUTZER, JR.
District Attorney General
CHARLES E. ATCHLEY, JR.
G. SCOTT GREEN
Asst. District Attorneys General
125 Court Avenue, Room 301-E
Sevierville, TN 37862
Judge: JOE G. RILEY
First Paragraph:
The defendant, Randy Leming, was indicted by a grand jury in
Sevier County on two (2) counts of statutory rape, Class E
felonies. He applied for pretrial diversion, which was denied by
the district attorney's office. He filed a petition for writ of
certiorari in the trial court to review the denial of pretrial
diversion. The trial court sustained the denial, and defendant
subsequently pled guilty to both counts of statutory rape. The
trial court sentenced defendant as a Range I, standard offender,
to concurrent sentences of eighteen (18) months imprisonment for
each offense. On appeal, defendant contends that the trial court
erred in:
(1) sustaining the prosecutor's denial of pretrial diversion; (2)
denying judicial diversion; and (3) imposing an excessive
sentence to be served in incarceration.
We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/lemingr_opn.WP6
STATE OF TENNESSEE, v EUGENE McCARTER,
Court:TCCA
For the Appellant: For the Appellee:
Mack Garner John Knox Walkup
District Public Defender Attorney General of Tennessee
419 High Street and
Maryville, TN 37804 Michael J. Fahey, II
Asst Attorney General of Tennessee
425 Fifth Avenue North
Nashville, TN 37243-0493
Michael L. Flynn
District Attorney General
and
Edward P. Bailey, Jr.
Asst District Attorney General
Blount County Courthouse
363 High Street
Maryville, TN 37804
Judge: Joseph M. Tipton
First Paragraph:
The defendant, Eugene McCarter, appeals as of right from the
Blount County Circuit Court's revocation of his probation. He
argues that the trial court erred by revoking his probation. We
disagree.
URL:http://www.tba.org/tba_files/TCCA/mccartre_opn.WP6
STATE OF TENNESSEE, v. ANDRE PARKS,
Court:TCCA
FOR THE APPELLANT:
JOHN HARWELL DICKEY
District Public Defender
MICHAEL D. RANDLES
(At Trial)
Assistant District Public Defender
218 North Main Street
Shelbyville, TN 37160
JULIE A. MARTIN
(On Appeal)
706 Walnut Street, Ste. 900-A
P. O. Box 426
Knoxville, TN 37901-0426
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
DARYL J. BRAND
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
W. MICHAEL McCOWN
District Attorney General
WEAKLEY E. BARNARD
Assistant District Attorney General
Marshall County Courthouse
Room 407
Lewisburg, TN 37091
Judge: JOE G. RILEY
First Paragraph:
Defendant, Andre Parks, appeals his conviction by a Lincoln
County jury of the offense of selling cocaine under 0.5 grams, a
Class C felony. He was sentenced to a term of eight (8) years
and eleven (11) months and denied alternative sentencing. He
presents the following issues for our review:
1. whether the evidence is sufficient to support the guilty
verdict; 2. whether the trial court erred in failing to suppress
the undercover agent's in court identification of the defendant;
3. whether the trial court erred by admitting into
evidence the packages containing the cocaine since it had
defendant's name marked on them; and 4. whether the trial
court erred in sentencing the defendant.
After a careful review of the evidence, we affirm the judgment of
the trial court.
URL:http://www.tba.org/tba_files/TCCA/parksa_opn.WP6
STATE OF TENNESSEE,v. EARNEST EUGENE TRAVIS,
Court:TCCA
For Appellant: For Appellee:
Peter D. Heil, Attorney John Knox Walkup
P.O. Box 40651 Attorney General and Reporter
Nashville, TN 37204
(on appeal) Daryl J. Brand
Assistant Attorney General
David E. Brandon, Attorney 425 Fifth Avenue North
211 Third Avenue North Second Floor, Cordell Hull Building
Nashville, TN 37201 Nashville, TN 37243-0493
(at trial and on appeal)
William E. Whitesell
District Attorney General
Third Floor, Judicial Building
Murfreesboro, TN 37130
Judge: GARY R. WADE
First Paragraph:
The defendant, Earnest Eugene Travis, was convicted in a bench
trial of driving under the influence of an intoxicant. The trial
court imposed a sentence of eleven months and twenty-nine days,
granted supervised probation after forty eight hours in jail, and
revoked the driver's license of the defendant. In this appeal of
right, the defendant challenges the sufficiency of the evidence,
argues that the opinion testimony of the police officers should
have been excluded, and contends that the trial judge
impermissibly considered personal knowledge in making his
decision.
URL:http://www.tba.org/tba_files/TCCA/travisee_opn.WP6
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