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
SHERRY BROWN, as next friend and natural mother of her minor children, AMANDA DANETTE MCMULLIN and ADAM MCMULLIN VS. DORRIS MCMULLIN, LARRY MCMULLIN, HELEN MCMULLIN, and THE ESTATE OF EUGENE MCMULLIN Court:TCA Attorneys: JANE M. JENNINGS 231 Mahr Avenue Post Office Box 794 Lawrenceburg, Tennessee 38464 Attorney for Plaintiff/Appellee J. DANIEL FREEMON Freemon, Hillhouse & Huddleston 327 West Gaines Street P. O. Box 787 Lawrenceburg, Tennessee 38464 Attorney for Defendants/Appellants Judge:CANTRELL First Paragraph: The dispositive question in this appeal is whether a successor trustee of a revocable savings account trust has the power after the death of the original trustee to revoke the trust and claim the trust assets as his own. The Chancery court of Lawrence County ordered the trust assets paid into the Clerk and Master's Office to be held for the original beneficiaries. We affirm. URL:http://www.tba.org/tba_files/TCA/browns_opn.WP6 CINDY DARLENE WARREN DONEGAN VS. JOHN GRAHAM DONEGAN Court:TCA Attorneys: Neal Lovlace 102 Bank Avenue P.O. Box A Centerville, Tennessee 37033 ATTORNEY FOR PLAINTIFF/APPELLEE Douglas T. Bates, III P.O. Box 1 Centerville, Tennessee 37033 ATTORNEY FOR DEFENDANT/APPELLANT Judge:TODD First Paragraph: The defendant, John Graham Donegan, has appealed from the judgment of the Trial Court ordering: 1. The parties are hereby divorced . . . . 2. Custody of three children committed to plaintiff. 3. Defendant shall pay child support. 4. Specified visitation... URL:http://www.tba.org/tba_files/TCA/donegack_opn.WP6 MICHAEL C. GLEAVES VS. CHECKER CAB TRANSIT CORPORATION, INC., Court:TCA Attorneys: William D. Leader, Jr., Melissa S. Herring, Boult, Cummings, Conners & Berry, PLC of Nashville For Appellee, Michael C. Gleaves Steven D. Parman, Matthew A. Boyd, Watkins, McGugin, McNeilly & Rowan, P.L.L.C., of Nashville For Appellant Judge:CRAWFORD First Paragraph: This case arises from an automobile accident involving a taxicab in which the taxicab company was held liable for the negligence of the taxi driver. Defendant/Appellant Checker Cab Transit Corporation appeals the judgment of the trial court on the jury verdict awarding plaintiff $300,000.00 in compensatory damages. URL:http://www.tba.org/tba_files/TCA/gleavesm_opn.WP6 SCOTT GRAHAM HARTMAN, KAY HARTMAN, his mother and duly qualified conservator and guardian, and CLEON HARTMAN VS. THE UNIVERSITY OF TENNESSEE THE STATE OF TENNESSEE Court:TCA Attorneys: Mr. Paul S. Davidson 424 Church Street, Suite 2800 Nashville, Tennessee 37219 ATTORNEY FOR CLAIMANTS/APPELLANTS Mr. Ronald C. Leadbetter Associate General Counsel The University of Tennessee 810 Andy Holt Tower Knoxville, Tennessee 37996-0184 ATTORNEYS FOR DEFENDANTS/APPELLANTS Judge:TODD First Paragraph: The captioned claimants have appealed from the decision of the Tennessee Claims Commission denying their claim against the State and the University of Tennessee for the catastrophic injury of a student athlete while engaged in athletic activity. URL:http://www.tba.org/tba_files/TCA/hartmasc_opn.WP6 DORIS KEOWN VS. FIDDLER'S INN, d/b/a FIDDLERS INN NORTH and JAH, INC. Court:TCA Attorneys: David B. Lyons, #11046 601 Woodland Street Nashville, Tennessee 37206 ATTORNEY FOR PLAINTIFF/APPELLANT Scott A. Rhodes, #16870 BREWER, KRAUSE & BROOKS P.O. Box 23890 Nashville, Tennessee 37202-3890 ATTORNEY FOR DEFENDANTS/APPELLEES Judge:TODD First Paragraph: This is a premises liability case in which the plaintiff, Doris Keown, sued the defendants, owner and tenant, for injuries sustained by plaintiff in a fall allegedly caused by a 3 inch rise from a parking area to the concrete walkway at the entrance of a hotel. The Trial Judge rendered summary judgment for the defendants, and plaintiff appealed. The sole issue on appeal is the correctness of the summary judgment. URL:http://www.tba.org/tba_files/TCA/keowndo_opn.WP6 STATE OF TENNESSEE VS. ROBERT JAY BRIDWELL Court:TCCA Attorneys: For the Appellant: For the Appellee: Mack Garner John Knox Walkup District Public Defender Attorney General of Tennessee 419 High Street and Maryville, TN 37801 Georgia Blythe Felner (AT TRIAL AND ON APPEAL) Assistant Attorney General of Tennessee 425 Fifth Avenue North C. Michael Robbins Nashville, TN 37243-0493 3074 East Street Memphis, TN 38128 Michael L. Flynn (ON APPEAL) District Attorney General and Kirk Andrews Assistant District Attorney General Blount County Courthouse Maryville, TN 37804 Judge:TIPTON First Paragraph: The defendant, Robert Jay Bridwell, appeals as of right from his conviction by a jury in the Blount County Circuit Court for aggravated assault, a Class C felony. The trial court sentenced the defendant as a Range I, standard offender to four years, with the defendant to serve one month in the county jail followed by three years and eleven months on intensive probation. It imposed a fine of seven thousand five hundred dollars. The defendant contends that the evidence is insufficient to support his conviction as the assailant and that the trial court erred by denying full probation. We hold that the evidence is sufficient and that the trial court properly sentenced the defendant. We affirm the judgment of conviction. URL:http://www.tba.org/tba_files/TCCA/bridwelr_opn.WP6 DAVID ALLEN BRIMMER VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: W. Thomas Dillard John Knox Walkup Ritchie, Fels & Dillard, P.C. Attorney General and Reporter 606 West Main Street Suite 300, P.O. Box 1126 Michael E. Moore Knoxville, TN 37901-1126 Solicitor General Darian B. Taylor Assistant Attorney General Criminal Justice Division Cordell Hull Building, Second Floor 4025 Fifth Avenue North Nashville, TN 37243-0493 Jan Hicks Assistant District Attorney General Room 126, Anderson County Courthouse Clinton, TN 37716 Judge:WADE First Paragraph: The petitioner, David Allen Brimmer, was convicted of first degree murder on March 1, 1991. A jury imposed the death penalty based upon a single aggravating circumstance: that the petitioner was engaged in the commission of a robbery at the time of the crime. Tenn. Code Ann. S 39-13-204(i)(7). On direct appeal, the conviction and sentence were affirmed by our supreme court. State v. Brimmer, 876 S.W.2d 75 (Tenn. 1994). On April 18, 1995, the petitioner filed a post-conviction petition alleging, among other things, that he was denied the effective assistance of counsel. At the conclusion of the evidentiary hearing, the trial court denied relief. URL:http://www.tba.org/tba_files/TCCA/brimmrda_opn.WP6 STATE OF TENNESSEE VS. SCOTT ALLAN BYTWERK Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: William C. Bright John Knox Walkup Assistant Public Defender Attorney General & Reporter 128 North Second Street 425 Fifth Avenue, North Pulaski, TN 38478 Nashville, TN 37243-0493 OF COUNSEL: Janis L. Turner Assistant Attorney General Shara A. Flacy 425 Fifth Avenue, North District Public Defender Nashville, TN 37243-0493 128 North Second Street Pulaski, TN 38478 T. Michael Bottoms District Attorney General P. O. Box 459 Lawrenceburg, TN 38464-0459 Lawrence R. Nickell, Jr. Assistant District Attorney General P. O. Box 459 Lawrenceburg, TN 38464-0459 Judge:LAFFERTY First Paragraph: The defendant, Scott Allan Bytwerk, appeals as of right from a ruling of the Maury County Circuit Court revoking his post-plea diversion placement. The defendant complains the trial court erred in revoking his post-plea diversion based upon the evidence heard at the revocation hearing. After an appropriate review of the record, the briefs submitted by the parties, and the law governing the issue presented for review, it is the opinion of this Court that the judgment of the trial court is affirmed. URL:http://www.tba.org/tba_files/TCCA/bytwerks_opn.WP6 STATE OF TENNESSEE VS. BARBARA J. COTTON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Larry D. Drolsum John Knox Walkup Assistant Public Defender Attorney General & Reporter 407-C Main Street 425 Fifth Avenue, North Franklin, TN 37065-0068 Nashville, TN 37243-0493 OF COUNSEL: Georgia Blythe Felner Assistant Attorney General John H. Henderson 425 Fifth Avenue, North District Public Defender Nashville, TN 37243-0493 407-C Main Street Franklin, TN 37065-0068 Joseph D. Baugh, Jr. District Attorney General Williamson County Courthouse Franklin, TN 37065-0937 Derek K. Smith Assistant District Attorney General Williamson County Courthouse Franklin, TN 37065-0937 Judge:LAFFERTY First Paragraph: The appellant, pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure, filed an appeal from a sentence imposed by the Williamson County Criminal Court for the offense of driving on a revoked license. The appellant, referred to as the defendant, entered a guilty plea, on July 19, 1997, to the offense of driving on a revoked license. On September 15, 1997, the trial court ordered the defendant to serve 180 days in the Williamson County Jail and denied alternative sentencing. After a review of the entire record, the briefs of the parties, and applicable law, we affirm the trial court's judgment. URL:http://www.tba.org/tba_files/TCCA/cottonbj_opn.WP6 STATE OF TENNESSEE VS. MICHAEL SCOTT FARNER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JERRY H. SUMMERS JOHN KNOX WALKUP 500 Lindsay Street Attorney General and Reporter Chattanooga, TN 37402-1490 MICHAEL J. FAHEY, II TIMOTHY W. JONES Assistant Attorney General Ogle & Wallace 425 Fifth Avenue North Court Place, Suite 1 Nashville, TN 37243 121 Court Avenue Sevierville, TN 37862 JERRY N. ESTES District Attorney General SHARI TAYLOE Assistant District Attorney P. O. Box 1351 Cleveland, TN 37364-1351 Judge:SMITH First Paragraph: On March 31, 1988, Appellant, Michael Scott Farner, pled guilty to second degree murder, assault with intent to commit first degree murder, and second degree burglary. After a sentencing hearing, Appellant was sentenced as a standard Range I offender to 35 years for the second degree murder conviction, 32 years for the assault with intent to commit murder, and 9 years for the second degree burglary. All sentences were ordered to run consecutively. Appellant waived his right to appeal, and Appellant's court-appointed counsel was relieved from further representation of Appellant. On May 29, 1992, Appellant filed a pro se Petition for a Writ of Habeas Corpus in the United States District Court for the Eastern District of Tennessee. Counsel and a Guardian Ad Litem were appointed. On September 25, 1996, Appellant's petition for Habeas Corpus was dismissed for failure to exhaust state remedies. On February 10, 1997, Appellant filed a motion for a delayed appeal to this Court. On May 28, 1997, this Court granted the motion for a delayed appeal. Appellant appeals from the trial court's imposition of an effective sentence of 72 years incarceration, raising two issues: 1) whether Appellant should receive less than the maximum sentence in the range upon conviction of an offense when no enhancing factors may be properly applied and where two mitigating factors should be applied; and 2) whether Appellant should be sentenced to concurrent prison terms when the record indicates that his confinement is not necessary for the protection of the public, when he may be amenable to rehabilitation, and when he cannot be properly labeled as a "dangerous offender". After a review of the record, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/farnemic_opn.WP6 STATE OF TENNESSEE VS. RICHARD DARRELL MILLER and JOHNNY WAYNE GARNER Court:TCCA Attorneys: For Appellant Miller: For Appellee: Robert D. Massey John Knox Walkup P.O. Box 409 Attorney General & Reporter Pulaski, TN 38478 Ellen H. Pollack For Appellant Garner: Assistant Attorney General 425 Fifth Avenue North Hershell D. Koger Cordell Hull Building, 2nd Floor 135 N. First Street Nashville, TN 37243-0493 P.O. Box 1148 Pulaski, TN 38478 Mike Bottoms District Attorney General 252 N. Military Avenue Lawrenceburg, TN 38464 Judge:WADE First Paragraph: The defendants, Richard Darrell Miller and Johnny Wayne Garner, indicted for first degree murder and aggravated arson, were jointly tried and convicted of voluntary manslaughter and aggravated arson. The trial court sentenced each defendant to five years for manslaughter and fifteen years for aggravated arson. The sentences are to be served consecutively. URL:http://www.tba.org/tba_files/TCCA/millerrd_opn.WP6 STATE OF TENNESSEE VS. TONY MURPHY MCKINNEY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL A. WALCHER JOHN KNOX WALKUP Assistant Public Defender Attorney General & Reporter 1609 College Park Dr., Box 11 Morristown, TN 37813-1618 CLINTON J. MORGAN Counsel for the State 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 C. BERKELEY BELL District Attorney General CECIL E. MILLS, JR. Assistant District Attorney General 109 S. Main St. Greeneville, TN 37743 Judge:WITT First Paragraph: The defendant, Tony Murphy McKinney, appeals pursuant to Rule 3, Tennessee Rules of Appellate Procedure, from his judgment of conviction in the Criminal Court of Greene County for driving under the influence, a Class A misdemeanor, and for driving with a revoked license, a Class B misdemeanor. He was ordered to serve one hundred percent of an eleven month and twenty- nine day sentence for DUI and seventy-five percent of a six month sentence for driving on a revoked license. In this appeal, the defendant claims that: URL:http://www.tba.org/tba_files/TCCA/mknnyt_opn.WP6 STATE OF TENNESSEE VS. LARRY WILSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: P. RICHARD TALLEY JOHN KNOX WALKUP P. O. Box 950 Attorney General and Reporter Dandridge, TN 37725 SANDY C. PATRICK Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0943 BERKELEY BELL District Attorney General JOHN DUGGER Assistant District Attorney 510 Allison Street Morristown, TN 37814 Judge:SMITH First Paragraph: On March 12, 1997, a Hamblen County jury found Appellant, Larry Wilson, guilty of reckless homicide. The jury imposed a fine of $5,000. After a sentencing hearing, the trial court sentenced Appellant to the maximum penalty of four years incarceration to be served as a Range I standard offender. Appellant appeals from the trial court's sentence, raising two issues: URL:http://www.tba.org/tba_files/TCCA/wilsonla_opn.WP6
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