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TBALink Opinion-Flash
September 4, 1998 -- Volume #4 -- Number #130
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):
- 01-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 01-New Opinons From TSC-Workers Comp Panel
- 01-New Opinons From TCA
- 10-New Opinons From TCCA
- 01-New Opinons From TSC
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Lucian T. Pera
Editor-in-Chief, TBALink
ORDER ESTABLISHING THE SUPREME COURT COMMITTEE TO IMPLEMENT THE RECOMMENDATIONS OF THE RACIAL AND ETHNIC FAIRNESS COMMISSION AND THE GENDER FAIRNESS COMMISSION ("THE COMMITTEE") Court:TSC Judge:ANDERSON First Paragraph: WHEREAS, the Tennessee Supreme Court recognizes that gender, racial, and ethnic biases are inimical to the effective administration of justice URL:http://www.tba.org/tba_files/TSC/implcomm_ord.WP6
SARAH TAYLOR
VS.
HARMAN AUTOMOTIVE, INC
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Stuart B. Breakstone Gayden Drew, IV
Morton & Breakstone Drew & Martindale, P.C.
200 Jefferson, Suite 725 470 North Parkway, Suite C
Memphis, TN 38103 Jackson, TN 38305
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.
URL:http://www.tba.org/tba_files/TSC_WCP/taylorsa_opn.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
STATE OF TENNESSEE
VS.
ANDRE CHAMBERLAIN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT P. BALLINGER JOHN KNOX WALKUP
601 Woodland Street Attorney General and Reporter
Nashville, TN 37206
TIMOTHY F. BEHAN
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
VICTOR S. JOHNSON
District Attorney General
PAUL DEWITT
Assistant District Attorney
Suite 500, 222-2nd Avenue N.
Nashville, TN 37201-1649
Judge:SMITH
First Paragraph:
Appellant was convicted of one count of possession with intent to
sell; two counts of aggravated assault; one count of disorderly
conduct; one count of resisting arrest; and one count of evading
arrest, from an incident where he walked away from police afficers who
approached the group in which he was standing. The trial court
sentenced Appellant to a total of 40 years by running the possession
and aggravated assault convictions consecutively. The remaining
convictions were run concurrently. State v. Chamberlain, C.C.A. No.
01C01- 9509-Cr-00304, Davidson County (Tenn. Crim. App., Nashville,
October 17, 1996).
URL:http://www.tba.org/tba_files/TCCA/chamban_opn.WP6
STATE OF TENNESSEE
VS.
RICKY WAYNE COOPER
Court:TCCA
Attorneys:
FOR THE APPELLANT:
DAVID H. HORNIK
222 Second Avenue North
Suite 360M
Nashville, TN 37201-1649
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
JOHN W. OVERTON, JR.
TODD A. ROSE
Asst. District Attorneys General
111 Church Street
P.O. Box 686
Huntingdon, TN 38344-0686
Judge:RILEY
First Paragraph:
The defendant, Ricky Wayne Cooper, appeals as of right his conviction
by a Henry County jury for driving under the influence of an
intoxicant. The defendant was sentenced to eleven (11) months and
twenty-nine (29) days to be served on probation after ten (10) days
continuous confinement. The trial court also affirmed the jury's fine
of $700. The defendant contends on appeal that:
(1) the trial court erred in allowing testimony that the defendant was
administered the horizontal gaze nystagmus (HGN) test;
(2) the evidence presented at trial was insufficient to support a
verdict of guilty; and
(3) the court's sentence of ten (10) days continuous confinement and
its affirmance of the jury's fine of $700 were improper.
Although we find the trial court erred by allowing testimony that an
HGN test was given, we find the error harmless. The judgment of the
trial court is AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/coperrw_opn.WP6
JAMES R. JACKSON
VS.
STATE OF TENNESSEE
Court:TCCA
Judge:WELLES
First Paragraph:
This matter is before the Court upon counsel's Motion to Withdraw,
which was filed on August 24, 1998. We note that the motion is not
accompanied by an affidavit or a proposed order. See T.R.A.P. 22(a)
and Rule 7, Tennessee Court of Criminal Appeals Rules. In the motion,
counsel requests that this Court vacate and reinstate our opinion so
that the appellant will have an opportunity to file an application for
permission to appeal to the Supreme Court pursuant to T.R.A.P. 11.
Although failing to cite to the correct rules, counsel requests that
he be allowed to withdraw from further representation of the
appellant.
URL:http://www.tba.org/tba_files/TCCA/jacksoj5_ord.WP6
STATE OF TENNESSEE
VS.
JOHN WAYNE MANSELL
Court:TCCA
Attorneys:
FOR THE APPELLANT:
RUSSELL A. CHURCH
Assistant Public Defender
109 South Second Street
Clarksville, TN 37040
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
GEORGIA BLYTHE FELNER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
JOHN WESLEY CARNEY, JR.
District Attorney General
ARTHUR BIEBER
Assistant District Attorney General
204 Franklin Street, Suite 200
Clarksville, TN 37040
Judge:MOORE
First Paragraph:
The appellant, John Wayne Mansell, was indicted during the January,
1993, term of the Montgomery County grand jury for possession of a
Schedule VI controlled substance for resale and unlawful possession of
a deadly weapon. On April 30, 1997, after selection of a jury and
commencement of trial, defendant entered a plea of guilty to the
delivery of a Schedule VI controlled substance under Count Two of the
indictment. Counts One and Three of the indictment were dismissed.
The plea of guilty was subject to judicial sentencing. On June 9,
1997, a sentencing hearing was held. Defendant was sentenced to two
(2) years with six (6) months of his sentence being served in jail and
the balance on probation. Defendant was also fined $5,000.00.
URL:http://www.tba.org/tba_files/TCCA/mansellj_opn.WP6
STATE OF TENNESSEE
VS.
CAROLYN F. PICKETT
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Robert S. Peters John Knox Walkup
Swafford, Peters & Priest Attorney General and Reporter
100 First Avenue, S.W.
Winchester, TN 37398 Karen M. Yacuzzo
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
James Michael Taylor
District Attorney General
Bill Copeland
Asst. District Attorney General
Dinah Shore Blvd.
Winchester, TN 37398
Judge:Hayes
First Paragraph:
The appellant, Carolyn F. Pickett, appeals as of right her conviction
by a Franklin County jury for driving under the influence, first
offense. Following her conviction, the trial court sentenced the
appellant to ten days in jail, to be served on weekends, with the
balance of her eleven months, twenty-nine days sentence to be served
on supervised probation. On appeal, she raises the following issues
(1) whether the evidence is sufficient to support her conviction and
(2) whether the delay by the police in affording her the right to a
phone call violated due process of law.
After review, we affirm.
URL:http://www.tba.org/tba_files/TCCA/pickettc_opn.WP6
JOHN RUCKER
VS.
STATE OF TENNESSE
Court:TCCA
Attorneys:
FOR THE APPELLANT:
DWIGHT E. SCOTT
4024 Colorado Avenue
Nashville, TN 37209
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
TIMOTHY F. BEHAN
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
VICTOR S. JOHNSON, III
District Attorney General
KATRIN NOVAK MILLER
Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue, North
Nashville, TN 37201-1649
Judge:MOORE
First Paragraph:
The petitioner, John Rucker, appeals the dismissal of his petition for
post-conviction relief. On March 30, 1995, petitioner entered a best
interest plea of guilty to two (2) counts of second degree murder, one
(1) count of especially aggravated robbery and one (1) count of
especially aggravated kidnaping.
URL:http://www.tba.org/tba_files/TCCA/ruckerj_opn.WP6
CLONTE THOMAS
VS.
STATE OF TENNESSEE
Court:TCCA
Judge:RILEY
First Paragraph:
Petitioner appeals the summary dismissal of his second petition for
post-conviction relief. The trial court dismissed the petition
finding the statute of limitations had expired, and his allegations
were resolved in his first petition for post-conviction relief. We
affirm the judgment of the trial court pursuant to Rule 20, Tennessee
Court of Criminal Appeals.
URL:http://www.tba.org/tba_files/TCCA/thomasc_ord.WP6
STATE OF TENNESSEE
VS.
TYRONE V. TURNER,
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Gerald L. Melton John Knox Walkup
District Public Defender Attorney General & Reporter
201 West Main Street, Suite 101
Murfreesboro, TN 37130 Deborah A. Tullis
Assistant Attorney General
Cordell Hull Building, Second Floor
425 Fifth Avenue North
Nashville, TN 37243
William C. Whitesell, Jr.
District Attorney General
Third Floor, Judicial Building
Murfreesboro, TN 37130
Judge:SUMMERS
First Paragraph:
On March 4, 1996, the appellant, Tyrone V. Turner, was indicted for
second degree murder for the death of Cory Ward. On July 26, 1996, he
was convicted by a jury of second degree murder and assessed a fine of
$40,000. The trial court sentenced him to twenty-two years in the
Tennessee Department of Correction and ordered him to serve 100% of
his sentence.
URL:http://www.tba.org/tba_files/TCCA/turnertv_opn.WP6
STATE OF TENNESSEE
VS.
JAMES KENNETH WALKER, JR
Court:TCCA
Attorneys:
FOR THE APPELLANT:
RON E. HARMON
(Trial Only)
618 Main Street
P.O. Box 968
Savannah, TN 38372
MIKE MOSIER
(Appeal Only)
204 W. Baltimore
P.O. Box 1623
Jackson, TN 38301-1623
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
DOUGLAS D. HIMES
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
G. ROBERT RADFORD
District Attorney General
JOHN W. OVERTON, JR.
Assistant District Attorney General
P.O. Box 484
Savannah, TN 38372-0484
Judge:RILEY
First Paragraph:
The defendant, James Kenneth Walker, Jr., appeals as of right his
convictions for seven (7) counts of sales tax evasion by a Hardin
County jury. The defendant was sentenced to seven concurrent one (1)
year terms with sixty days to be served in the county jail and the
remainder on Community Corrections. The defendant presents the
following issues for review: (1) whether the evidence presented at
trial was sufficient to support a guilty verdict;
(2) whether the jury was properly charged as to the elements of sales
tax evasion; and
(3) whether the trial court erred in denying total probation.
After a review of the record, the judgment of the trial court is
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/walkerjk_opn.WP6
STATE OF TENNESSEE
VS.
VINCENT WALKER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
SHARA FLACY JOHN KNOX WALKUP
District Public Defender Attorney General and Reporter
128 North 2nd St.
Pulaski, TN 38478 LISA A. NAYLOR
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
MIKE BOTTOMS
District Attorney General
P. O. Box 459
Lawrenceburg, TN 38464
Judge:SMITH
First Paragraph:
On January 6, 1997, the trial court issued a community corrections
violation warrant for failure to pay court costs, fines, supervision
fees, and maintain employment. On May 5, 1997, a second revocation
warrant was issued, this time for aggravated robbery. On June 2, 1997,
the trial court revoked Appellant's community corrections placement
and imposed his original sentence of incarceration.
URL:http://www.tba.org/tba_files/TCCA/walkervi_opn.WP6
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