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.
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 2-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA
- 9-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
Lucian T. Pera
DARRELL SWEARENGIN, JR. vs. PACIFIC EMPLOYERS INSURANCE vs. DINA TOBIN, DIRECTOR, DIVISION OF WORKERS' COMPENSATION TENNESSEE DEPARTMENT OF LABOR, SECOND INJURY FUND Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee (Swearengin): John Knox Walkup Catherine B. Clayton Attorney General and Reporter Spragins, Barnett, Cobb & Butler 110 East Baltimore Dianne Stamey Dycus Jackson, TN 38301 Senior Counsel Civil Division For the Appellee (Pacific): 425 Fifth Avenue North 2nd Floor, Cordell Hull Building Julia J. Tate Nashville, TN 37243-0499 4413 Dakota Avenue P.O. Box 90564 Nashville, TN 37209 Judge:BYERS First Paragraph: There are no issues of fact in dispute in this case. All sides agree that the plaintiff is totally and permanently disabled and that he qualifies for payment until age 65. Because the injury in this case was subsequent to previous injuries, the Second Injury Fund incurred liability under Tenn. Code Ann. S 50-6-208(a). The employer and the Second Injury Fund agree that their liability is properly apportioned at 25 percent to the employer and 75 percent to the Second Injury Fund. URL:http://www.tba.org/tba_files/TSC_WCP/sweareng_opn.WP6 VICKIE SUE HEIDEL vs. BARNES & NOBLE BOOKSTORES, INC. and ROYAL INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: FOR THE APPELLANTS: FOR THE APPELLEE: RANDOLPH A. VEAZEY SONYA W. HENDERSON CONNIE JONES 218 West Main Street GLASCOW & VEAZEY Suite 1 Washington Square Murfreesboro, Tennessee 37130 222 Second Ave., North Suite 312 Nashville, Tennessee 37201-1649 Judge:RUSSELL First Paragraph: The plaintiff/appellee employee, Vicki Sue Heidel, was working as a janitor for the State of Tennessee at Tennessee Technological University when she sustained a low back sprain or strain while lifting a waste basket on January 31, 1992. Her workers' compensation claim against the State of Tennessee was resolved upon an adjudication of a resultant 6% permanent partial disability to the body as a whole. URL:http://www.tba.org/tba_files/TSC_WCP/heidelv_opn.WP6 STATE OF TENNESSEE vs. THOMAS R. BALDWIN Court:TCCA Attorneys: For the Appellant: For the Appellee: Karl Dean John Knox Walkup District Public Defender Attorney General of Tennessee and and J. Michael Engle Ellen H. Pollack Assistant Public Defender Asst. Attorney General of Tennessee Stahlman Bldg., Suite 1202 425 Fifth Avenue North Nashville, TN 37201-5066 2d Floor, Cordell Hull Building (AT TRIAL) Nashville, TN 37243-0493 Victor S. Johnson, III Karl Dean District Attorney General District Public Defender and and Sharon Brox Jeffrey A. DeVasher Washington Square Assistant Public Defender 222 2nd Avenue North Stahlman Bldg., Suite 1202 Nashville, TN 37201-1649 Nashville, TN 37201-5066 Judge: TIPTON First Paragraph: The defendant, Thomas R. Baldwin, appeals as of right from his convictions by a jury in the Davidson County Criminal Court for attempted second degree murder, a Class B felony, aggravated assault with a deadly weapon, a Class C felony, reckless endangerment, a Class E felony, and unlawful possession of a weapon, a Class A misdemeanor. He was sentenced as a Range I, standard offender to twelve years for the attempted second degree murder conviction, four years and six months for the aggravated assault conviction, one year and six months for the reckless endangerment conviction, and eleven months and twenty-nine days for the unlawful possession of a weapon conviction. The trial court ordered that the defendant serve his felony sentences in the custody of the Department of Correction and that the attempted second degree murder and aggravated assault sentences be served consecutively. The defendant presents the following issues for our review: (1) whether the evidence is sufficient to support the reckless endangerment conviction; (2) whether the trial court erred by allowing the reckless endangerment conviction separate from the attempted second degree murder and aggravated assault convictions; (3) whether the trial court erred by imposing excessive sentences for the attempted second degree murder and aggravated assault convictions and by ordering partial consecutive sentences. We affirm the convictions for attempted second degree murder and aggravated assault. We reverse the conviction for felony reckless endangerment and dismiss the charge. We modify the defendant's sentence for aggravated assault to three years. URL:http://www.tba.org/tba_files/TCCA/baldwint_opn.WP6 STATE OF TENNESSEE vs. DIRK BRADEN CARTER Court:TCCA Attorneys: FOR THE APPELLANT: C. DAVID JONES P.O. Box 707 150 W. Main Street Huntingdon, TN 38344-0707 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter MARVIN E. CLEMENTS, JR. Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 G. ROBERT RADFORD District Attorney General ELEANOR CAHILL Assistant District Attorney General 111 Church Street P.O. Box 686 Huntingdon, TN 38344-0686 Judge: RILEY First Paragraph: The defendant, Dirk Braden Carter, was convicted by a Carroll County jury of aggravated assault, a Class C felony. He received a sentence of three (3) years as a Range I, standard offender. The trial court ordered that defendant serve six (6) months in confinement, with the remainder of defendant's sentence to be served on supervised probation. The trial court further ordered that defendant be prohibited from entering the State of Tennessee during his probationary period. On appeal, defendant claims that the trial court erred in (1) failing to sentence him as an especially mitigated offender, and (2) ordering that defendant serve six (6) months in confinement. We find that the trial court erroneously prohibited defendant from returning to Tennessee during his probationary period; therefore, the judgment is modified to delete this provision. In all other respects, the judgment of the trial court is affirmed. URL:http://www.tba.org/tba_files/TCCA/carterdb_opn.WP6 STATE OF TENNESSEE vs. WILLIE EARL CECIL Court:TCCA Attorneys: For the Appellant: For the Appellee: Hershell D. Koger John Knox Walkup 135 N. First Street Attorney General & Reporter P.O. Box 1148 Pulaski, TN. 38478 Georgia Blythe Felner Assistant Attorney General 2d Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN. 37243-0493 T. Michael Bottoms District Attorney General James Lee Bailey, III Assistant District Attorney 10 Public Square P.O. Box 1619 Columbia, TN. 38402-1619 Judge:BARKER First Paragraph: The appellant, Willie Earl Cecil, appeals as of right from the Maury County Circuit Court's revocation of his probation. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/cecilwec_opn.WP6 STATE OF TENNESSEE vs. ROBERT FARLEY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: STEVEN A. CASSETTY JOHN KNOX WALKUP P. O. Box 815 Attorney General and Reporter 204B East Hull Avenue Gainesboro, TN 38562 DARYL J. BRAND Assistant Attorney General EDWIN SADLER 425 Fifth Avenue North One S. Jefferson Avenue, Suite 1 Nashville, TN 37243 Cookeville, TN 38501 TOM P. THOMPSON, JR. District Attorney General ROBERT HIBBETT Assistant District Attorney Lebanon, TN Judge:SMITH First Paragraph: On April 19, 1996, a Jackson County jury found Appellant, Robert Farley, guilty of two counts of simple assault, upon an indictment charging him with aggravated rape, aggravated assault by use of a deadly weapon, and aggravated assault by causing serious bodily injury. After a sentencing hearing, the trial court sentenced Appellant to eleven months and twenty-nine days, ninety days of which was to be served in jail and the remaining time to be served on supervised probation. Appellant appeals both the judgment and the sentence, raising several issues: 1) whether the State presented sufficient evidence at trial to sustain the convictions on two counts of simple assault; 2) whether the trial court erroneously prevented Appellant from presenting an alibi defense; and 3) whether the trial court appropriately sentenced Appellant to ninety days in jail followed by probation. After a review of the record, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/farleyro_opn.WP6 STATE OF TENNESSEE vs. GERALD SCOTT LONG, Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CARY TAYLOR JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 547 E. Sullivan St. Kingsport, TN 37660 TODD R. KELLEY Asst. Attorney General 425 Fifth Ave. N., 2d Floor Nashville, TN 37243-0493 H. GREELEY WELLS, JR. District Attorney General GREG NEWMAN Asst. District Attorney General P.O. Box 526 Blountville, TN 37617-0526 Judge:WITT First Paragraph: The defendant, Gerald Scott Long, appeals the manner of service of his concurrent eleven month, 29 day sentences for his misdemeanor convictions of casual exchange and reckless endangerment. The length of Long's sentences were agreed upon as part of a guilty plea settlement, and the manner of service was left for determination by the Sullivan County Criminal Court. Following a hearing, the court denied alternative sentencing and ordered Long to serve his sentences in the county jail. In this direct appeal, Long claims he should have received probation or some other form of alternative sentencing. Following a review of the record, we affirm the judgment of the trial court insofar as sentencing is concerned. However, we remand this matter to the trial court for correction of an error on the judgment form in case S37,948. URL:http://www.tba.org/tba_files/TCCA/longgs_opn.WP6 STATE OF TENNESSEE vs. SHELLY S. PERRY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: TIMOTHY JOEL WILLIAMS JOHN KNOX WALKUP 147 Jefferson, Ste. 909 Attorney General & Reporter Memphis, TN 38103 (On Appeal) DOUGLAS D. HIMES Asst. Attorney General ALYSON CHENSASKY John Sevier Bldg. 142 N. Third 425 Fifth Ave., North Memphis, TN 38103 Nashville, TN 37243-0493 (At Trial) WILLIAM L. GIBBONS District Attorney General JAMES CHALLEN Asst. District Attorney General 201 Poplar St., Suite 301 Memphis, TN 38103 Judge: PEAY First Paragraph: The defendant was indicted on two counts of theft of property worth more than one thousand dollars ($1000) but less than ten thousand dollars ($10,000) and one count of theft of property worth less than five hundred dollars ($500). After entering a negotiated plea of guilty on all charges, the defendant was given an effective sentence of two years imprisonment. The defendant now appeals, arguing that the trial court should have granted her an alternative sentence in lieu of imprisonment. Finding no merit in the defendant's argument, we affirm. URL:http://www.tba.org/tba_files/TCCA/perryss_opn.WP6 STATE OF TENNESSEE vs. WILLIAM BURT SMITH Court:TCCA First Paragraph: The appellant pled guilty to aggravated assault and was sentenced to five years on supervised probation. Subsequently, a probation violation report was issued, alleging the following violations: (1) failure to obey the laws -- arrested for driving on a suspended license, drug abuse, and possession of drug paraphernalia, (2) failure to report these arrests to the probation officer, (3) failure to notify the probation officer or request permission to change residence to Ohio, (4) failure to report to the probation officer, (5) possession of narcotic drugs, (6) failure to pay $180 in probation fees, and (7) failure to pay restitution in the amount of $94. A probation violation warrant was issued, and after a hearing, the trial court revoked the appellant's probation and ordered him to serve the entire five-year sentence in incarceration. URL:http://www.tba.org/tba_files/TCCA/smithwb1_ord.WP6 KIMBERLY SUTTON STREET vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: CHARLES R. RAY 211 Third Avenue North P.O. Box 198288 Nashville, TN 37219-8288 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter ELLEN H. POLLACK Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM C. WHITESELL, JR. District Attorney General 303 Rutherford Co. Judicial Bldg. Murfreesboro, TN 37130 Judge: RILEY First Paragraph: The petitioner, Kimberly Sutton Street, appeals the denial of her petition for post-conviction relief by the Circuit Court of Rutherford County. The petitioner contends that the trial court did not have jurisdiction to alter the conditions of her appeal bond; therefore, the alteration resulted in "punishment." She contends that serving the original sentence imposed by the trial court would violate her constitutional right against double jeopardy. The judgment of the trial court is AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/streetks_opn.WP6 STATE OF TENNESSEE vs. JERRY TAYLOR Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: John H. Henderson John Knox Walkup District Public Defender Attorney General & Reporter P.O. Box 68 425 Fifth Avenue, North Franklin, TN 37065-0068 Nashville, TN 37243-0497 Vanessa P. Bryan Karen M. Yacuzzo Assistant Public Defender Assistant Attorney General P.O. Box 68 425 Fifth Avenue, North Franklin, TN 37065-0068 Nashville, TN 37243-0497 Larry D. Drolsum Joseph D. Baugh Assistant Public Defender District Attorney General P.O. Box 68 P.O. Box 937 Franklin, TN 37065-0068 Franklin, TN 37065-0937 John W. Barringer Asst. District Attorney General P.O. Box 937 Franklin, TN 37065-0937 Jeff P. Burks Asst. District Attorney General P.O. Box 937 Franklin, TN 37065-0937 Judge: WADE First Paragraph: The defendant, Jerry Taylor, was convicted of second degree murder, a Class A felony. The trial court imposed a sentence of twenty-one years and fined the defendant $5,000. URL:http://www.tba.org/tba_files/TCCA/taylorj_opn.WP6
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