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TBALink Opinion-Flash
SEPTEMBER 3, 1998 -- Volume #4 -- Number #129
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
- 04-New Opinons From TSC-Workers Comp Panel
- 11-New Opinons From TCA
- 14-New Opinons From TCCA
- 00-New Opinons From TSC
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Lucian T. Pera
Editor-in-Chief, TBALink
====================================================================== TBALink Opinion Flash September 3, 1998 Vol. #4 -- No. #129 ====================================================================== 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. In today's issue: 0 New Opinions From TSC 0 New Opinions From TSC-Rules 6 New Opinions From TSC-Workers Comp Panel 11 New Opinions From TCA 14 New Opinions From TCCA See the end of this issue of Opinion Flash for details on how to get the full text of each opinion cited below. Lucian T. Pera Editor-in-Chief, TBALink ====================================================================== HENRY MITCHELL BRUMMITT VS. LOCKHEED MARTIN ENERGY SYSTEMS, INC. Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: John D. Agee Robert M. Stivers, Jr. Cooley, Cooley & Agee Associate General Counsel 155-1/2 East Race St. Lockheed Martin Energy Systems, Inc. P. O. Box 730 P. O. Box 2009 Kingston, TN 37763 Oak Ridge, TN 37831-8014 Judge:INMAN First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with T.C.A. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The plaintiff alleged that he became totally disabled on account of anxiety and depression caused by several specific, acute and sudden stressful job-related incidents, all of which were denied by the defendant. URL:http://www.tba.org/tba_files/TSC_WCP/brummitt_wc3.WP6
JACOB E. CARTER
VS.
LUMBERMEN'S UNDERWRITING ALLIANCE,
and
LARRY BRINTON, JR., DIRECTOR OF
THE DIVISION OF WORKERS' COMPENSATION,
TENNESSEE DEPARTMENT OF LABOR, SECOND INJURY FUND
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee (Lumbermen's):
Charles W. Burson John W. Wheeler
Attorney General and Reporter Amy V. Hollars
Hodges, Doughty & Carson
Sandra E. Keith 617 Main Avenue
Assistant Attorney General P.O. Box 869
404 James Robertson Parkway Knoxville, TN 37901-0869
Suite 1510
Nashville, TN 37243
Judge:BYERS
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. 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). The application of this
standard requires this Court to weigh in more depth the factual
findings and conclusions of the trial court in a workers' compensation
case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456
(Tenn. 1988). The issues raised on appeal are: whether the evidence
preponderates against the finding by the trial judge that the
plaintiff is permanently and totally disabled; whether the trial court
erred in apportioning the liability of the insurer at 25 percent and
of the Second Injury Fund at 75 percent; and whether the trial court
erred in limiting the insurer's liability to 25 percent of 400 weeks
and imposing liability on the Second Injury Fund for the remainder of
the weeks until the plaintiff reaches age 65.
URL:http://www.tba.org/tba_files/TSC_WCP/carterja_wc.WP6
CAROL DOUGLAS
VS.
GRAVES GOLD LEAF GALLERY OF
WEST TENNESSEE, INC.,
MARSHA S. GRAVES, d/b/a
GRAVES GOLD LEAF GALLERY
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Scott G. Kirk David A. Riddick
Hardee, Martin, & Jaynes P.O. Box 1117
213 East Lafayette Jackson, TN 38302-1117
Jackson, TN 38302-2004
Judge:STAFFORD
First Paragraph:
This worker's 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) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. The parties
have raised two issues for the Panel's consideration: I. Whether a
preponderance of the evidence supports the trial court's finding that
the defendant did not employ five or more persons making it subject to
the Worker's Compensation Act?
II. Whether a preponderance of the evidence supports the trial
court's finding that the plaintiff provided notice to the defendant
within thirty days of the plaintiff's discovery of a work-related
injury?
URL:http://www.tba.org/tba_files/TSC_WCP/douglasc_opn.WP6
JAMES WALKER HURST
VS.
SCRUGGS, INC. and CIGNA
PROPERTY & CASUALTY COMPANY
and
LARRY BRINTON, JR., DIRECTOR OF
THE DIVISION OF WORKERS'
COMPENSATION, TENNESSEE
DEPARTMENT OF LABOR,
SECOND INJURY FUND
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellees (Scruggs/Cigna):
John Knox Walkup Robert M. Shelor
Attorney General and Reporter Kristi D. McKinney
Kennerly, Montgomery & Finley, P.C.
Dianne Stamey Dycus 4th Floor, Nationsbank Center
Senior Counsel P.O. Box 442
Civil Division Knoxville, TN 37901
425 Fifth Avenue North
2nd Floor, Cordell Hull Building
Nashville, TN 37243-0499
Judge:BYERS
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. 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). The application of this
standard requires this Court to weigh in more depth the factual
findings and conclusions of the trial court in a workers' compensation
case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456
(Tenn. 1988).
URL:http://www.tba.org/tba_files/TSC_WCP/hurstjam_wc.WP6
DONNA LEE STEPHENS, Individually,
and JESSICA NICOLE PROCTOR
(STEPHENS), ERIC JUSTIN
STEPHENS, and JOSEPH IAN
STEPHENS, b/n/f Donna Lee Stephens
VS.
R. C. LEAMON and CONDITIONAIRE COMPANY, INC.
Court:TSC - Workers Comp Panel
Attorneys:
For Appellants: For Appellee, R. C. Leamon:
John W. Johnson, III Glenn R. Copeland
Hatcher, Johnson & Meaney Copeland & Whittenburg
Chattanooga, Tennessee Chattanooga, Tennessee
For Appellee, Conditionaire Company,Inc.:
William A. Lockett
Cleary & Lockett
Chattanooga, Tennessee
Judge:Loser
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. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law. In this claim for death
benefits, the claimants contend the evidence preponderates against the
trial court's findings that the decedent was an independent contractor
and that the defendant, Leamon, was not a statutory employer.
URL:http://www.tba.org/tba_files/TSC_WCP/stepvlea_doc.WP6
DAVID F. SUMMERS
VS.
KNOXVILLE UTILITIES BOARD,
and
LARRY BRINTON, JR., DIRECTOR
OF THE DIVISION OF WORKERS' COMPENSATION, TENNESSEE
DEPARTMENT OF LABOR, THE SECOND INJURY FUND
Court:TSC - Workers Comp Panel
Attorneys:
For Appellant: For Appellee, David F. Summers:
John W. Wheeler J. Anthony Farmer
Hodges, Doughty & Carson Knoxville, Tennessee
Knoxville, Tennessee
For Appellee, Second Injury Fund:
John Knox Walkup
Attorney General & Reporter
Kathleen W. Stratton
Sandra E. Keith
Assistant Attorneys General
Nashville, Tennessee
Judge:Loser
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. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law. Fairly stated, the issues
referred to the panel for findings and conclusions are (1) whether the
chancellor erred in computing the employer's liability for permanent
total disability benefits based upon a percentage of benefits payable
to the employee up to age 65, (2) whether the chancellor erred in
holding the employer liable for all benefits payable until the time of
the employee's death, from a cause other than the compensable injury,
on September 8, 1996, and (3) whether the chancellor abused his
discretion by refusing to order the claimant's counsel to remit a
portion of his fee because the claimant died before the expiration of
400 weeks. As discussed below, the panel has concluded the judgment
should be affirmed as to all three issues.
URL:http://www.tba.org/tba_files/TSC_WCP/summerd_opn.WP6
FRED E. DEAN
VS.
DONAL CAMPBELL, et al.
Court:TCA
Attorneys:
FRED E. DEAN, PRO SE
Riverbend Maximum Security Institution
7475 Cockrill Bend Ind. Rd.
Nashville, TN 37209-1010
JOHN KNOX WALKUP
Attorney General and Reporter
ARTHUR CROWNOVER II, BPR # 12306
Assistant Attorney General
Civil Rights and Claims Division
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0488
ATTORNEYS FOR THE DEFENDANTS/APPELLEES
Judge:CAIN
First Paragraph:
This case comes to us on appeal from an order dismissing Appellant
Dean's complaint against Appellees, filed apparently under the
auspices of 42 U.S.C. S 1983 et seq., alleging violation of civil
rights under the color of state authority. The trial court dismissed
Mr. Dean's complaint for failure to specify the capacity of the
defendants being sued. For the reasons and under the authorities
recited below, we affirm the trial court's dismissal of Mr. Dean's
claim with prejudice.
URL:http://www.tba.org/tba_files/TCA/deanf_opn.WP6
WILLIAMSON COUNTY BROADCASTING
COMPANY, INC., and WILLIAM B. ORMES
VS.
INTERMEDIA PARTNERS, a California limited partnership; INTERMEDIA
CAPITAL MANAGEMENT; a general partner of InterMedia Partners; LEO J.
HINDERY, JR. Managing General Partner and Chief Executive Officer of
InterMedia Capital Management; ROBIN CABLE SYSTEMS; ROBIN MEDIA GROUP,
INC.; FIRST CABLEVISION, INC.; ROBIN CABLE SYSTEMS LIMITED
PARTNERSHIP; TENNESSEE VALLEY CABLEVISION
Court:TCA
Judge:TODD
First Paragraph:
The appellants and appellees have both filed a Petition to Rehear,
which we have considered and found to be without merit. It is,
therefore, ordered that the petitions be denied.
URL:http://www.tba.org/tba_files/TCA/intermed_reh.WP6
JAMES HARRISON JENKINS,
VS.
ANNETTE CAROL JENKINS
Court:TCA
Attorneys:
J. BRANDEN BELLAR
Bellar & Bellar
212 Main Street
P. O. Box 332
Carthage, Tennessee 37030
ATTORNEY FOR PLAINTIFF/APPELLANT
WILLIAM JOSEPH BUTLER
Farrar, Holliman & Cassidy
102 Scottsville Highway
P. O. Box 280
Lafayette, Tennessee 37083
ATTORNEY FOR DEFENDANT/APPELLEE
Judge:CAIN
First Paragraph:
In this case James Harrison Jenkins appeals the action of the trial
court in dismissing his petition to modify a final decree of divorce.
URL:http://www.tba.org/tba_files/TCA/jenkinsj_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,
VS.
ROSS JORDON, SUSAN JORDON, and SEAN JORDON
Court:TCA
Attorneys:
Charles R. Ray, #3188 Vincent E. Wehby, #2288
211 Third Avenue North 501 Union Street, Suite 500
Nashville, Tennessee 37219-8288 Nashville, Tennessee 37219-2305
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: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 read as follows:
URL:http://www.tba.org/tba_files/TCA/lavinac_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,
VS.
ROSS JORDON, SUSAN JORDON, and SEAN JORDON
Court:TCA
Judge:TODD
First Paragraph:
It appears that the opinion of this Court filed on July 1, 1998, cites
and quotes statutes which were amended prior to the date of the events
upon which this action is based.
It is therefore ordered that said opinion be withdrawn and that a
corrected opinion filed contemporaneously with this order be
substituted therefor.
URL:http://www.tba.org/tba_files/TCA/lavinado_ord.WP6
STATE OF TENNESSEE
VS.
MARLON MADISON, a child less than eighteen years of age
Court:TCA
Attorneys:
JOHN KNOX WALKUP
Attorney General & Reporter
CLINTON J. MORGAN
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, Tennessee 37243-0493
Attorney for Plaintiff/Appellee
WANDA A. WHITE
P. O. Box 556
Byrdstown, Tennessee 38549
GORDON T. GERMAIN
P. O. box 515
Monticello, Kentucky 42633
Attorneys for Defendant/Appellant
Judge:CANTRELL
First Paragraph:
The Juvenile Court of Pickett County found a juvenile to be delinquent
for selling marijuana to a classmate. He appealed to the Circuit
Court, which likewise found him to be delinquent, and placed him on
probation with the Department of Childrens' Services. We reverse the
Circuit Court.
URL:http://www.tba.org/tba_files/TCA/madison2_opn.WP6
STATE OF TENNESSEE
VS.
MARLON MADISON, a child less than eighteen years of age
Court:TCA
Attorneys:
Judge:TODD
First Paragraph:
On the Court's own motion the Court orders that the original opinion
filed in this case is withdrawn and the attached opinion is
substituted therefor.
URL:http://www.tba.org/tba_files/TCA/madisonm_ord.WP6
PLANNED PARENTHOOD OF
MIDDLE TENNESSEE, et al.
VS.
DON SUNDQUIST, GOVERNOR OF THE STATE OF TENNESSEE
Court:TCA
Judge:TODD
First Paragraph:
Anthony E. Trabue and Betty K. Neff have filed a Tenn. R. App. P. 39
petition for rehearing with regard to the portion of this court's
August 12, 1998 opinion reversing the trial court's order awarding
them $27,600 in attorney's fees. We have carefully considered the
arguments in the petition for rehearing and have again concluded that
neither Tenn. R. Evid. 706(b) nor any other statute or rule provides a
basis for requiring the parties to pay for the attorney's fees
voluntarily incurred by court-appointed experts. Accordingly, the
trial court had no authority to require the state to pay either the
$25,000 or the $2,600 in attorney's fees it awarded to Drs. Trabue and
Neff.
URL:http://www.tba.org/tba_files/TCA/planned_wpd.WP6
EDITH STROMATT
VS.
THE METROPOLITAN EMPLOYEE BENEFIT BOARD
OF THE METROPOLITAN GOVERNMENT OF NASHVILLE
AND DAVIDSON COUNTY, TENNESSEE
Court:TCA
Attorneys:
CHARLES R. RAY
JEFFERY S. FRENSLEY
211 Third Avenue North
P. O. Box 198288
Nashville, Tennessee 37219-8288
ATTORNEYS FOR PLAINTIFF/APPELLANT
JOHN L. KENNEDY
WM. MICHAEL SAFLEY
204 Metropolitan Courthouse
Nashville, Tennessee 37201
ATTORNEYS FOR DEFENDANT/APPELLEE
Judge:BUSSART
First Paragraph:
The appellant in this action is Edith Stromatt, a former employee of
the Metropolitan Government of Nashville, Tennessee. When Ms.
Stromatt sought disability with the Metropolitan Employee Benefit
Board ("the Benefit Board"), she was granted a medical disability
pension; however, she was denied the in-line-of-duty pension (IOD)
that she desired. Ms. Stromatt brought suit in chancery court
claiming that the Benefit Board erred in its failure to grant her an
IOD pension. She also claims that the Benefit Board denied her the
constitutional right to be heard prior to its decision. The trial
court agreed with the conclusions of the Benefit Board and dismissed
Ms. Stromatt's appeal.
URL:http://www.tba.org/tba_files/TCA/stromate_opn.WP6
JIMMY H. VAUGHN
VS.
MARY RUNYON VAUGHN
Court:TCA
Judge:Todd
First Paragraph:
Appellee [ "Wife"] petitions for rehearing of this appeal and for
cause avers that the opinion of the court was silent on the issues of
(1) failure of the trial court to award her a greater increase in
alimony and (2) her request for award of attorney fees on appeal.
URL:http://www.tba.org/tba_files/TCA/vaughn_prh.WP6
JENNIFER O. WILSON (OAKLEY)
VS.
LARRY ARNOLD WILSON
Court:TCA
Attorneys:
J. RUSSELL HELDMAN
320 Main Street, Suite 101
Franklin, Tennessee 37064
JOHN E. HERBISON
501 Union Street, Suite 500
Nashville, Tennessee 37219
Attorneys for Plaintiff/Appellant
EARL J. PORTER, JR.
214 Third Avenue North
Nashville, Tennessee 37201
THOMAS F. BLOOM
500 Church Street, Fifth Floor
Nashville, Tennessee 37219
Attorneys for Defendant/Appellee
Judge:CANTRELL
First Paragraph:
In a documentary on how to complicate a simple divorce, this case
would serve as a highlight film. After the trial court finally
entered a final judgment, the parties on appeal argue about the trial
judge's refusal to recuse herself, a pre-nuptial agreement, the
division of marital property, the award of attorney's fees, and
certain injunctions involving the custody and visitation with the
parties' minor child. We modify the judgment to give Dr. Oakley a
$2,000 credit for her separate property awarded to Mr. Wilson and to
make the judgment for attorney's fees run to Mr. Wilson instead of his
lawyer. In all other respects we affirm the judgment below.
URL:http://www.tba.org/tba_files/TCA/wilsonjo_opn.WP6
STATE OF TENNESSEE
VS.
MONTEZ ANTUAN ADAMS,RICARDO MAXWELL, &
MARCUS LAMONT WILLOUGHBY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
SCOTT KIRK
Attorney for Appellant Adams JOHN KNOX WALKUP
213 E. Lafayette Attorney General and Reporter
Jackson, TN 38301
MARVIN E. CLEMENTS, JR.
CHRISTY RAUCHLE LITTLE Assistant Attorney General
Attorney for Appellant Maxwell 425 Fifth Avenue North
200 East Main, Suite 111 Nashville, TN 37243
Jackson, TN 38301
JERRY WOODALL
J. COLIN MORRIS District Attorney General
Atty for Appellant Willoughby
204 West Baltimore DONALD H. ALLEN
Jackson, TN 38301 Assistant District Attorney General
P.O. Box 2825
Jackson, TN 38302
Judge:WELLES
First Paragraph:
The Defendants, Montez Adams, Ricardo Maxwell, and Marcus Lamont
Willoughby, pursuant to Tennessee Rule of Appellate Procedure 3(b),
appeal as of right their convictions for first degree felony murder,
especially aggravated burglary, conspiracy to commit especially
aggravated burglary, and theft over $500. In addition, Defendant
Maxwell appeals his sentence on the four convictions.
URL:http://www.tba.org/tba_files/TCCA/adamsmon_opn.WP6
ROBERT A. BENNETT
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Dwight Scott John Knox Walkup
Attorney at Law Attorney General & Reporter
4024 Colorado Avenue
Nashville, TN 37209 Deborah Tullis
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Victor S. (Torry) Johnson III
District Attorney General
Kymberly Haas
Assistant District Attorney General
Washington Square, Suite 500
222-2nd Avenue North
Nashville, TN 37201-1649
Judge:SUMMERS
First Paragraph:
The Grundy County Grand Jury charged the appellant, Robert Bennett,
with one count of aggravated rape. In March 1987, the appellant was
convicted by a jury of the lesser included offense of aggravated
sexual battery. He was sentenced to twenty years in the Department of
Correction. This Court affirmed the appellant's conviction. State v.
Bennett, No. 88-16-III (Tenn. Crim. App. filed at Nashville, Aug. 9,
1988). The victim was the appellant's very young daughter.
URL:http://www.tba.org/tba_files/TCCA/bennettr_opn.WP6
WALTER J. DOLAN
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GREG KING JOHN KNOX WALKUP
222 Second Ave., North Attorney General & Reporter
Suite 360-M
Nashville, TN 37201 CLINTON J. MORGAN
Counsel for the State
John Sevier Bldg.
425 Fifth Ave., North
Nashville, TN 37243-0493
VICTOR S. JOHNSON, III
District Attorney General
PAUL DEWITT
Asst. District Attorney General
Washington Sq. Two, Suite 416
222 Second Ave., North
Nashville, TN 37201
Judge:PEAY
First Paragraph:
In September of 1984, the defendant entered a guilty plea to bank
robbery. For this conviction he received a thirty (30) year sentence,
concurrent with a previous federal sentence. He did not seek direct
review of his sentence. In June of 1987, he filed a petition for writ
of habeas corpus, which was denied without a hearing on October 19,
1987. On October 24, 1989, his motion to reconsider was denied.
URL:http://www.tba.org/tba_files/TCCA/dolanwj_opn.WP6
STATE OF TENNESSEE
VS.
JOSEPH L. GRANDERSON
Court:TCCA
Attorneys:
FOR THE APPELLANT:
A.C. WHARTON, JR.
Shelby County Public Defender
BETTY J. THOMAS (At Trial)
W. MARK WARD (On Appeal)
Assistant Public Defenders
201 Poplar Avenue, Suite 201
Memphis, TN 38103-1947FOR 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
WILLIAM L. GIBBONS
District Attorney General
LEE V. COFFEE
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103-1947
Judge:RILEY
First Paragraph:
The defendant, Joseph L. Granderson, was convicted by a Shelby County
jury of premeditated first degree murder and was sentenced to life
imprisonment. On appeal, he asserts that the evidence is insufficient
to sustain his conviction because (1) the state failed to prove
premeditation beyond a reasonable doubt; and (2) the jury wrongly
rejected his claim of self-defense. After a thorough review of the
record before this Court, we find that the evidence is sufficient to
support the jury's finding of guilt. Therefore, the judgment of the
trial court is affirmed.
URL:http://www.tba.org/tba_files/TCCA/grandejl_opn.WP6
ALAN D. HEAD
VS.
STATE OF TENNESSE
Court:TCCA
Judge:SMITH
First Paragraph:
This matter is before the Court upon the state's motion to affirm the
judgment of the trial court pursuant to Rule 20, Rules of the Court of
Criminal Appeals. Having reviewed the petitioner's brief, the state's
motion, and the entire record, we find that the state's motion is well
taken. Accordingly, we affirm the judgment of the trial court
pursuant to Rule 20.
URL:http://www.tba.org/tba_files/TCCA/headad_ord.WP6
STATE OF TENNESSEE
VS.
SAMUEL F. HOWARD, III
Court:TCCA
Attorneys:
FOR THE APPELLANT:
CHRISTOPHER L. NEARN
(Trial and Appeal)
243 Exchange Avenue
Memphis, TN 38105
BILL ANDERSON, JR.
(Trial Only)
138 North Third Street
Memphis, TN 38103-2007
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
WILLIAM L. GIBBONS
District Attorney General
J. ROBERT CARTER, JR.
ROSEMARY ANDREWS
Asst District Attorneys General
201 Poplar Ave, Suite 301
Memphis, TN 38103-1947
Judge:RILEY
First Paragraph:
The defendant, Samuel F. Howard, III, appeals as of right his
convictions by a Shelby County jury of murder in the perpetration of a
felony and especially aggravated robbery. He received concurrent
sentences of life and twenty (20) years. The defendant raises the
following issues for review:
URL:http://www.tba.org/tba_files/TCCA/howardsf_opn.WP6
WALTER KENDRICK
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Greg King, Attorney John Knox Walkup
222 Second Avenue North Attorney General and Reporter
Suite 360-M
Nashville, TN 37201 Deborah A. Tullis
Assistant Attorney General
Criminal Justice Division
Cordell Hull Building, Second Floor
425 Fifth Avenue North
Nashville, TN 37243
Tom Thurman
Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
Judge:WADE
First Paragraph:
The petitioner, Walter Kendrick, appeals the trial court's denial of
his petition for post-conviction relief. The issue presented for
review is whether his pleas of guilt were knowingly and voluntarily
entered with 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/kendrikw_opn.WP6
STATE OF TENNESSEE
VS.
MARIA MACLIN
Court:TCCA
Attorneys:
For Appellant: For Appellee:
C. Michael Robbins John Knox Walkup
Attorney at Law Attorney General & Reporter
3074 East Street
Memphis, TN 38128 Peter M. Coughlan
(on appeal) Asst Attorney General
425 Fifth Avenue North
Gary W. Ball Cordell Hull Building, Second Floor
and Nashville, TN 37243-0493
Jane E. Sturdivant
Attorneys at Law Janet S. Shipman
242 Poplar Avenue and
Memphis, TN 38103 Johnny R. McFarland
(at trial) Asst District Attorneys General
Criminal Justice Complex
201 Poplar Street, Suite 301
Memphis, TN 38103
Judge:WADE
First Paragraph:
The defendant, Maria Maclin, was convicted of second degree murder.
The trial court sentenced the defendant, who qualified as a violent
offender, to twenty-two years imprisonment. A fine of ten thousand
dollars was imposed. In this appeal of right, the defendant does not
challenge the sufficiency of the evidence but does present the
following issues for our review:
URL:http://www.tba.org/tba_files/TCCA/maclinm_opn.WP6
STATE OF TENNESSEE
VS.
MARCUS L. NELSON,
Court:TCCA
Judge:WADE
First Paragraph:
In State v. King, ____ S.W.2d ____ (Tenn. 1998), our supreme court
ruled that the charge on parole eligibility and early release was
acceptable because the jury was provided the instruction on an
"information only" basis. In my view, juries should not be allowed to
weigh and consider parole eligibility in the context of innocence or
guilt. Any error in giving the instruction in this instance, however,
was harmless beyond doubt. The proof is overwhelming that the
defendant committed the crimes for which he was convicted. So long as
the jury understands that the statute at issue plays no part in the
determination of guilt or innocence to any of the crimes defined in
the instructions, convictions should be upheld on appeal. Otherwise,
the ruling of this court in State v. Jason M. Weiskopf, No.
02C01-9611- CR-00381 (Tenn. Crim. App., at Jackson, Feb. 4, 1998),
app. filed, (May 6, 1998), should control.
URL:http://www.tba.org/tba_files/TCCA/nelsonml_con.WP6
STATE OF TENNESSEE
VS.
MARCUS L. NELSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
KARL DEAN JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
JEFFREY A. DeVASHER DARYL J. BRAND
Assistant Public Defender Assistant Attorney General
1202 Stahlman Building 2nd Floor, Cordell Hull Building
Nashville, TN 37201 425 Fifth Avenue North
Nashville, TN 37243
VICTOR S. JOHNSON, III
District Attorney General
KYMBERLY HAAS
Assistant District Attorney General
Washington Square
222 Second Avenue North, Suite 500
Nashville, TN 37201-1649
Judge:WOODALL
First Paragraph:
The Defendant, Marcus L. Nelson, appeals as of right from his
conviction in the Davidson County Criminal Court. Following a jury
trial, Defendant was convicted of aggravated robbery and was sentenced
to serve nine (9) years in the Tennessee Department of Correction. In
addition to arguing that the evidence was insufficient to sustain a
conviction of aggravated robbery, the Defendant argues the trial court
erred in instructing the jury on the range of penalties advising the
purported minimum length of time Defendant would serve prior to being
eligible for parole. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/nelsonml_opn.WP6
STATE OF TENNESSEE
VS.
TERRY DON RHEA
Court:TCCA
Attorneys:
FOR THE APPELLANT:
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
JAMES W. THOMPSON
Assistant District Attorney General
225 Martin Luther King Drive
P.O. Box 2825
Jackson, TN 38302-2825FOR THE APPELLEE:
CLIFFORD M. COLE
1355 Lynnfield Road, Suite 101
Memphis, TN 38119
Judge:RILEY
First Paragraph:
The State of Tennessee brings this interlocutory appeal pursuant to
Tenn. R. App. P. 9 and challenges the Madison County Circuit Court's
decision to suppress Terry Don Rhea's (defendant's) statement to law
enforcement authorities. The trial court found that defendant was
subjected to custodial interrogation without having received
constitutionally mandated Miranda warnings and, accordingly,
suppressed his statement. On appeal, the state contends that the
trial court erred in suppressing defendant's statement because he was
not in custody when he gave his statement to the police. We affirm
the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/rheatd_opn.WP6
RALPH ROE
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Ralph Roe, #114901, Pro Se John Knox Walkup
R.M.S.I. Unit 6-B-222 Attorney General and Reporter
7475 Cockrill Bend Road
Nashville, TN 37209-1010 Timothy F. Behan
Assistant Attorney General
425 Fifth Avenue North
Second Floor, Cordell Hull Building
Nashville, TN 37243-0493
Judge:WADE
First Paragraph:
The defendant, Ralph Roe, appeals the trial court's denial of habeas
corpus relief. In this appeal of right, the petitioner contends that
he should have been appointed counsel, received a hearing, and been
granted relief based upon the invalid arrest warrant.
URL:http://www.tba.org/tba_files/TCCA/roer_opn.WP6
GARY RUSSELL
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 judgment in this case in accordance with Rule 20, Rules of
the Court of Criminal Appeals. The record has been filed and the
petitioner, by and through counsel, has filed his brief.
URL:http://www.tba.org/tba_files/TCCA/wilsonb_opn.WP6
STATE OF TENNESSEE
VS.
BRANDON WILSON,
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Raymond Mack Garner John Knox Walkup
District Public Defender Attorney General of Tennessee
and and
George H. Waters Marvin E. Clements, Jr.
and Assistant Attorney General of Tennessee
Roland Cowden 450 James Robertson Parkway
Assistant Public Defenders Nashville, TN 37243-0493
419 High Street
Maryville, TN 37804-4912 Michael L. Flynn
District Attorney General
and
Philip Morton
Assistant District Attorney General
Blount County Courthouse
37804-5906
Judge:TIPTON
First Paragraph:
The defendant, Brandon Wilson, appeals as of right from his
convictions in the Blount County Circuit Court upon guilty pleas for
six counts of delivering one-half gram or more of cocaine, a Class B
felony, one count of possessing less than one-half gram of cocaine
with the intent to sell or deliver, a Class C felony, and one count of
delivering less than one-half gram of cocaine, a Class C felony. For
each of the Class B felonies, the defendant was sentenced as a Range
I, standard offender to ten years in the custody of the Department of
Correction and was fined two thousand dollars. The trial court
sentenced the defendant as a Range II, multiple offender to six years
in the custody of the Department of Correction for each of the Class C
felonies and fined the defendant three thousand dollars and two
thousand dollars, respectively. The sentences are to be served
concurrently.
URL:http://www.tba.org/tba_files/TCCA/wilsonb_opn.WP6
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