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.
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Lucian T. Pera
ANCRO FINANCE COMPANY Individually and BURLAWN STREET Individually, and BURLAWN STREET for the use and benefit of Ancro Finance vs. CONSUMERS USA INSURANCE COMPANY Court:TCA Attorneys: For the Plaintiffs/Appellants: For the Defendant/Appellee: W. Ray Jamieson Allan B. Thorp Benjamin T. Wages, Jr. Memphis, Tennessee Memphis, Tennessee Judge:LILLARD First Paragraph: This is an insurance case. The plaintiff purchased an automobile insurance policy from the defendant. Through a series of events, the check given for the first installment of the insurance contract did not clear because of a prior stop-payment order. Before a valid check could be delivered, the plaintiff's automobile burned. The insurance company defendant denied coverage and this suit ensued. The trial court granted summary judgment in favor of the defendant. We affirm. URL:http://www.tba.org/tba_files/TCA/ancrofin_opn.WP6 BRADFORD T. ROBERTS and wife JACQUELINE E. ROBERTS vs. THE CITY OF MEMPHIS Court:TCA Attorneys: J. Whitten Gurkin, Memphis, Tennessee, for Plaintiffs/Appellants. Ronald G. Wyatt, Assistant City Attorney, for Defendant/Appellee. Judge:Farmer First Paragraph: Bradford T. Roberts sued the City of Memphis (City) and two of its police officers, Terry W. Moore and Chris Joyner, for injuries and damages he alleged to have suffered as a result of an accident involving a vehicle owned and operated by Mr. Roberts. The complaint alleges that the other vehicle was owned by the City, was driven by defendant Terry W. Moore and that defendant Chris Joyner was a passenger in that vehicle. Prior to trial, defendants Moore and Joyner were dismissed. Jacqueline E. Roberts sued for loss of consortium. URL:http://www.tba.org/tba_files/TCA/robertsb_opn.WP6 STATE OF TENNESSEE vs. DON EDWARD CARTER Court:TCCA Attorneys: FOR THE APPELLANT: GARY F. ANTRICAN (At Trial) District Public Defender JEANIE A. KAESS (At Trial) Assistant Public Defender 118 East Market Street P.O. Box 700 Somerville, TN 38068 C. MICHAEL ROBBINS (On Appeal) 3074 East Street Memphis, TN 38128 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 ELIZABETH T. RICE District Attorney General ED NEAL McDANIEL Assistant District Attorney General 300 Industrial Park Drive P.O. Box 473 Selmer, TN 38375-0473 Judge:RILEY First Paragraph: The defendant, Don Edward Carter, was convicted by a McNairy County jury of two (2) counts of premeditated first degree murder. He received concurrent sentences of life imprisonment. On appeal, he claims that (1) the evidence was insufficient to sustain his convictions for first degree murder, and (2) the trial court erred in failing to suppress his confession at trial. After a thorough review of the record before this Court, we find no reversible error. Accordingly, the judgment of the trial court is affirmed. URL:http://www.tba.org/tba_files/TCCA/carterde_opn.WP6 STATE OF TENNESSEE vs. ERIC CREEKMORE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MAX E. HUFF JOHN KNOX WALKUP 115 Litton Road Attorney General and Reporter Oneida, TN 37841 TODD R. KELLEY Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 WILLIAM PAUL PHILLIPS District Attorney General P. O. Box 10 Huntsville, TN 37756 Judge:SMITH First Paragraph: Appellant Eric Creekmore appeals the trial court's denial of his petition for post-conviction relief. He presents the following issue for review: whether the trial court erred in denying Appellant's petition for post-conviction relief based upon the ineffective assistance of counsel. After a review of the record, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/creekmer_opn.WP6 STATE OF TENNESSEE vs. RICHARD LEE FRANKLIN Court:TCCA Attorneys: FOR THE APPELLEE: FOR THE APPELLANT Michael M. Raulston John Knox Walkup Attorney at Law Attorney General & Reporter 4701 Hixson Pike Hixson, TN 37343-4818 Michael J. Fahey, II Assistant Attorney General Larry M. Warner Criminal Justice Division Attorney at Law 425 Fifth Avenue N 204 North Main Street Nashville, TN 37243 Crossville, TN 38557 William Edward Gibson District Attorney General David A. Patterson Assistant District Attorney General 145 S Jefferson Avenue Cookeville, TN 38501-3424 Judge:SUMMERS First Paragraph: Richard Lee Franklin, the appellant, was originally convicted of first degree murder in the shooting death of David Kirkland. The trial court granted the appellant's motion for a new trial because of procedural errors. The appellant was retried and convicted by a jury of second degree murder in the Cumberland County Criminal Court. He was sentenced to twenty-two years in the Tennessee Department of Correction. He appeals and raises ten issues for our review. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/franklin_opn.WP6 STATE OF TENNESSEE vs. TYRONE PAUL LINTNER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: EDWARD C. MILLER JOHN KNOX WALKUP Public Defender Attorney General and Reporter P.O. Box 416 Dandridge, TN 37725 SANDY C. PATRICK Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 AL SCHMUTZER, JR. District Attorney General CHARLES E. ATCHLEY, JR. Assistant District Attorney General Sevierville, TN 37862 Judge:SMITH First Paragraph: Appellant Tyrone Paul Lintner pleaded guilty in the Sevier County Criminal Court on March 3, 1997 to two counts of forgery. As a Range I standard offender, Appellant was sentenced to four years incarceration with the Tennessee Department of Correction for the first count and two years for the second count, to be served consecutively. The trial court ordered him to pay $48,195.45 in restitution. Appellant raises the following issue on appeal: whether the trial court should have instituted an alternative sentence. URL:http://www.tba.org/tba_files/TCCA/lintnetp_opn.WP6 STATE OF TENNESSEE vs. STEPHANIE ANN MAYS Court:TCCA Attorneys: FOR THE APPELLANT: JOSEPH P. ATNIP District Public Defender 111 Main Street P.O. Box 734 Dresden, TN 38225 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter PETER M. COUGHLAN Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 THOMAS A. THOMAS District Attorney General 414 South Fourth St. P.O. Box 218 Union City, TN 38261-0218 Judge:RILEY First Paragraph: The defendant, Stephanie Ann Mays, appeals the trial court's revocation of her Community Corrections sentence. The defendant contends the trial court abused its discretion in finding her in violation of the terms of the Community Corrections sentence. The judgment of the trial court is AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/mayssa_opn.WP6 STATE OF TENNESSEE vs. LARRY DALE RAMSEY Court:TCCA Attorneys: For the Appellant: For the Appellee: Cary C. Taylor John Knox Walkup 547 East Sullivan Street Attorney General and Reporter Kingsport, TN 37660 Sandy C. Patrick Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 H. Greeley Wells, Jr. District Attorney General Barry Staubus Asst. District Attorney General Blountvile, TN 37617 Judge:Hayes First Paragraph: The appellant, Larry Dale Ramsey, appeals the decision of the Sullivan County Criminal Court imposing an effective eight year Department of Correction sentence following entry of his guilty pleas to one count of rape and two counts of sexual battery. In this appeal, the appellant contends that the trial court erred in denying him a non-incarcerative alternative sentence. URL:http://www.tba.org/tba_files/TCCA/ramseyld_opn.WP6 STATE OF TENNESSEE vs. WILLIAM L. ROBINSON, Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Mark E. Stephens John Knox Walkup District Public Defender Attorney General & Reporter Paula R. Voss Todd R. Kelley John Halstead Assistant Attorney General Asst. District Public Defenders Criminal Justice Division 1209 Euclid Avenue 425 Fifth Avenue, North Knoxville, TN 37921 Nashville, TN 37243 Randall E. Nichols District Attorney General Charme P. Johnson Asst. District Attorney General 400 Main Street, P.O. Box 1468 Knoxville, TN 37901-1468 Judge:SUMMERS First Paragraph: The appellant, William L. Robinson, entered a best interest plea to one count of aggravated child abuse, a Class B felony. After a hearing, the Criminal Court at Knox County denied the appellant's application for probation and sentenced him to eight (8) years in the Tennessee Department of Correction. He appeals. The issue is whether the evidence supports the court's decision. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/robinson_wpd.WP6 RONALD E. ROBINSON vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ALBERT J. NEWMAN, JR. JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter Suite 500, Burwell Bldg. 602 S. Gay St. ELIZABETH B. MARNEY Knoxville, TN 37902 Asst. Attorney General 425 Fifth Ave. N., 2d Floor Nashville, TN 37243-0493 RANDALL E. NICHOLS District Attorney General MARSHA SELECMAN Asst. District Attorney General City County Bldg. Knoxville, TN 37902 Judge:WITT First Paragraph: The petitioner, Ronald E. Robinson, appeals the Knox County Criminal Court's dismissal of his petition for post-conviction relief. Robinson is presently serving an effective 37 year sentence for convictions of aggravated rape, two counts of aggravated kidnapping, aggravated assault, assault and battery. State v. Ronald Eugene Robinson, No. 03C01-9212-CR-00433 (Tenn. Crim. App., Knoxville, Oct. 26, 1993), perm. app. denied (Tenn. 1994) (concurring in results only). He filed a timely petition for post-conviction relief, which he amended four times pro se and a fifth time through counsel. The allegations were numerous; however, at the post-conviction hearing he proceeded on only two issues -- ineffective assistance of counsel and actual innocence. The trial court heard the testimony of witnesses, including the petitioner, and concluded the petition was without merit. In this appeal of the trial court's ruling, the petitioner specifically challenges only one of the trial court's determinations -- that he was afforded the effective assistance of counsel in the determination that he would not testify at his trial. Having reviewed the record and the briefs of the parties, we affirm the trial court's dismissal of this action. URL:http://www.tba.org/tba_files/TCCA/robins_opn.WP6 STATE OF TENNESSEE vs. ODELL SMITH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A.C. WHARTON JOHN KNOX WALKUP District Public Defender Attorney General & Reporter W. MARK WARD PETER M. COUGHLAN Assistant Public Defender Assistant Attorney General Criminal Justice Center, Suite 201 2nd Floor, Cordell Hull Building 201 Poplar Avenue 425 Fifth Avenue North Memphis, TN 38103 Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General JERRY HARRIS Asst. District Attorney General DAVID HENRY Asst. District Attorney General Criminal Justice Center, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge:WOODALL First Paragraph: The Defendant, Odell Smith, appeals as of right his convictions of felony murder and especially aggravated robbery in the Shelby County Criminal Court. The jury sentenced Defendant to life imprisonment without the possibility of parole for the felony murder. The trial court subsequently entered a judgment sentencing Defendant to twenty (20) years for the especially aggravated robbery conviction. The two sentences were ordered to be served concurrently, but consecutive to a prior offense for which Defendant was on parole at the time he committed the present offenses. Defendant argues the following eight (8) issues in this appeal: 1. Whether the evidence was sufficient to convict Defendant of the especially aggravated robbery of the victim; 2. Whether the trial court erred in instructing the jury on attempted robbery during its felony murder charge; 3. Whether Defendant was entitled to a jury instruction of reckless homicide, criminally negligent homicide, or attempted robbery; 4. Whether the trial court properly ruled that the State could impeach Defendant with past convictions for larceny, burglary, receiving stolen property and robbery with a deadly weapon during the guilt phase as well as the penalty phase of the trial (Defendant's Issues 4 and 5); 5. Whether the trial court properly allowed the State to rebut Defendant's mitigation testimony with evidence of his cocaine use in prison (Defendant's Issue 6); 6. Whether the trial court properly admitted a photograph taken of the victim while he was alive (Defendant's Issue 7); 7. Whether the victim impact references made by the State during opening and closing statements were proper (Defendant's Issue 8); and 8. Whether the jury verdict regarding the statutory aggravator was ambiguous (Defendant's Issue 9). URL:http://www.tba.org/tba_files/TCCA/smitho_opn.WP6 STATE OF TENNESSEE vs. CHARLES MARTIN STOOTS Court:TCCA Attorneys: FOR THE APPELLANT: GEORGE MORTON GOOGE District Public Defender STEPHEN P. SPRACHER (Hearing Only) 227 W. Baltimore Jackson, TN 38301-6137 C. MICHAEL ROBBINS (Appeal Only) 3074 East Street Memphis, TN 38128 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter PETER M. COUGHLAN Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 JAMES G. WOODALL District Attorney General JAMES W. THOMPSON Assistant District Attorney General 225 Martin Luther King Dr. P.O. Box 2825 Jackson, TN 38302-2825 Judge:RILEY First Paragraph: The defendant, Charles Martin Stoots, appeals the trial court's revocation of his Community Corrections sentence. The defendant pled guilty to burglary, two (2) counts of theft over $1,000 and DUI. The defendant received an effective sentence of six (6) years to be served in Community Corrections consecutive to an eleven (11) month twenty-nine (29) day sentence of confinement for DUI. The defendant failed to report to serve the DUI sentence. We find the trial court did not abuse its discretion in revoking the defendant's Community Corrections sentence and AFFIRM its decision. URL:http://www.tba.org/tba_files/TCCA/stootscm_opn.WP6
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