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TBALink Opinion-Flash
September 17, 1998 -- Volume #4 -- Number #135
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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Editor-in-Chief, TBALink
DOROTHY JANE AHERN (PIEROTTI) VS. ROBERT FRANCES AHERN Court:TCA Attorneys: John R. Candy, Collierville, Tennessee Garland Erguden, Memphis, Tennessee Attorneys for Defendant/Appellant. Robert A. Wampler, Memphis, Tennessee Attorney for Plaintiff/Appellee. Judge:FARMER First Paragraph: Defendant Robert Francis Ahern (the Husband) appeals the trial court's judgment finding the Husband guilty of multiple counts of criminal contempt for failing to pay the alimony and child support obligations set forth in the court's final divorce decree. We affirm in part and reverse in part the trial court's judgment. URL:http://www.tba.org/tba_files/TCA/aherndj_opn.WP6
EDDIE JOY DOBBINS
VS.
GEORGE DOBBINS, Administrator of the Estate of Mark Dobbins, Deceased
Court:TCA
Attorneys:
Fred M. Ridolphi, Jr.,
HUMPHREYS DUNLAP WELLFORD ACUFF & STANTON, Memphis, Tennessee
Attorney for Plaintiff/Appellant Eddie Joy Dobbins.
Charles G. Black, Memphis, Tennessee
Attorney for Defendant/Appellee Earthie Dobbins.
W. Meredith Clark, Memphis, Tennessee
Attorney for Defendant/Appellee Betty Dobbins.
Judge:FARMER
First Paragraph:
On January 28, 1992, Mark Dobbins was accidentally shot and killed at
the Orpheum Theater in Memphis at the age of 17. The appellant, Eddie
Joy Dobbins, is Mark's paternal grandmother in whose custody he had
remained for the seven years preceding his death. Following Mark's
death, Eddie Joy filed three wrongful death lawsuits, individually and
as next friend for her grandson, against David Industries, Rita Garth
and the Memphis Development Foundation, respectively. The lawsuits
were ultimately settled for a net total of approximately $119,000.
Thereafter, the probate court issued letters of administration to
Mark's uncle, George Dobbins, Jr., for the purpose of distributing the
settlement proceeds which comprised the entire estate. Mark's natural
parents, Earthie Dobbins and Betty Hinds Dobbins, petitioned the court
to require the administrator to distribute to them their respective
share of the proceeds. Eddie Joy opposed such distribution, asserting
that the parents had abandoned their son prior to his death and that
she was therefore entitled to the entire proceeds. Betty then moved
for summary judgment and Earthie, for partial summary judgment,
asserting their entitlement to the funds. The probate court
interpreted the wrongful death statutes to conclude that only the
natural parents of Mark were entitled to receive the settlement
proceeds and granted the motions. After further hearing, the court
held that Eddie Joy was entitled to be reimbursed from the net
proceeds distributed to Earthie for certain child support payments for
which he was in arrears. Eddie Joy has appealed from the trial
court's decision. Upon review of the record, we affirm for the
reasons hereinafter stated.
URL:http://www.tba.org/tba_files/TCA/dobbinse_opn.WP6
GODWIN AIRCRAFT, INC.
VS.
WAYNE WALKER
Court:TCA
Attorneys:
ALAN E. GLENN
Memphis, Tennessee
Attorney for Appellant
MICHAEL RICHARDS
BAKER, DONELSON, BEARMAN & CALDWELL
Memphis, Tennessee
Attorney for Appellee
Judge:HIGHERS
First Paragraph:
Defendant/appellant appeals the judgment of the trial court finding
him 90% at fault for damages to plaintiff/appellee's airplane.
Plaintiff/appellee raises an issue regarding the trial court's finding
that it was 10% at fault. For reasons stated hereinafter, we reverse
the judgment of the trial court finding plaintiff/appellee to be 10%
at fault.
URL:http://www.tba.org/tba_files/TCA/godwin_opn.WP6
MARGARET SCHINDLER HAAS
VS.
MICHAEL LEE HAAS
Court:TCA
Attorneys:
David E. Caywood and Marc E. Reisman of
Causey, Caywood, Taylor, McManus & Bailey of Memphis
For Appellant
Kathleen Day Norfleet of Memphis
For Appellee
Judge:CRAWFORD
First Paragraph:
This case, which is before us a second time, involves a petition to
reduce child support. Appellant, Margaret Schindler Haas (Mother),
appeals the trial court's order reducing the amount of the monthly
child support obligation of appellee, Michael Lee Haas (Father).
URL:http://www.tba.org/tba_files/TCA/hahnjd_opn.WP6
CHARLES EDWARD HAYNES
VS.
ROBERT CONLEY, WARDEN and JIM BLANKENSHIP, HEALTH ADMINISTRATOR
Court:TCA
Attorneys:
Charles E. Haynes, Pro Se
John Knox Walkup, Attorney General & Reporter
Abigail Turner, Assistant Attorney General
For Defendants/Appellees.
Judge: FARMER
First Paragraph:
Charles Edward Haynes sued Robert Conley, warden, and Tim Blankenship,
health administrator, Ňpursuant to 42 U.S.C. ¤ 1983 and T.C.A. ¤
28-3-104.Ó The trial court granted the DefendantsŐ motion to dismiss
the complaint pursuant to Rules 12.02(1) and (6) of the Tennessee
Rules of Civil Procedure for lack of jurisdiction and for failure to
state a claim upon which relief can be granted. The Plaintiff appeals
from that order.
URL:http://www.tba.org/tba_files/TCA/haynesce_opn.WP6
STATE OF TENNESSEE
VS.
LATOYA ANDERSON
Court:TCCA
Attorneys:
FOR THE APPELLANT:
MARVIN E. BALLIN
MARK A. MESLER
Ballin, Ballin & Fishman, P.C.
200 Jefferson Avenue, Suite 1250
Memphis, TN 38103-2328
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
WILLIAM L. GIBBONS
District Attorney General
JANET L. SHIPMAN
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103-1947
Judge:RILEY
First Paragraph:
The defendant, Latoya Anderson, pled guilty in the Shelby County
Criminal Court to one (1) count of simple robbery, a Class C felony,
and one (1) count of fraudulent use of a credit card, a Class E
felony. The trial court imposed concurrent Range I sentences of three
(3) years for robbery and one (1) year for fraudulent use of a credit
card. The trial court further denied probation. In her sole issue on
appeal, defendant challenges the trial court's denial of probation.
After a thorough review of the record, we affirm the denial of total
probation but modify the sentence to split confinement.
URL:http://www.tba.org/tba_files/TCCA/andersol_opn.WP6
STATE OF TENNESSEE
VS.
CECELIA M. BEASLEY
Court:TCCA
Attorneys:
FOR THE APPELLANT:
COMER L. DONNELL
District Public Defender
VIRGINIA TOWNZEN
Assistant District Public Defender
213 North Cumberland Street
P. O. Box 888
Lebanon, TN 37088-0888
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
LISA A. NAYLOR
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
TOM P. THOMPSON, JR
District Attorney General
DAVID DURHAM
Assistant District Attorney General
111 Cherry Street
Lebanon, TN 37087-3609
Judge:RILEY
First Paragraph:
The defendant pled guilty in the Wilson County Criminal Court to three
(3) counts of selling cocaine over 0.5 grams and one (1) count of
possessing cocaine over 0.5 grams with intent to sell. She agreed to
an effective ten-year sentence and submitted the amount of the fines
and the issue of community corrections to the trial court. The trial
court imposed the minimum mandatory fines, refused to waive the fines
and denied community corrections. After a thorough review of the
record, we affirm the amount of the fines but modify the remaining
portion of the sentences to community corrections.
URL:http://www.tba.org/tba_files/TCCA/beasleyc_opn.WP6
STATE OF TENNESSEE
VS.
MELVIN KEITH BLACK
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Collier W. Goodlett John Knox Walkup
Assistant Public Defender Attorney General & Reporter
109 South Second Street 425 Fifth Avenue, North
Clarksville, TN 37040 Nashville, TN 37243-0493
OF COUNSEL: Timothy F. Behan
Assistant Attorney General
Michael R. Jones 425 Fifth Avenue, North
District Public Defender Nashville, TN 37243-0493
109 South Second Street
Clarksville, TN 37040 John W. Carney, Jr.
District Attorney General
204 Franklin Street, Suite 300
Clarksville, TN 37040-3420
William M. Cloud, Jr.
Assistant District Attorney General
204 Franklin Street, Suite 300
Clarksville, TN 37040-3420
Judge:LAFFERTY
First Paragraph:
The appellant, Melvin Keith Black, appeals as of right from the trial
court's revocation of his probation sentence. The appellant contends
the record is insufficient, as a matter of law, to support a
revocation of probation. Based on our review of the briefs and the
entire record in this cause, we conclude that this is an appropriate
case for affirmance under Rule 20, Tennessee Court of Criminal
Appeals.
URL:http://www.tba.org/tba_files/TCCA/blackmk_opn.WP6
MARIO BOWSER
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT:
MARIO BOWSER, Pro Se
#269851
Cold Creek Correctional Facility
P.O. Box 1000
Henning, TN 38041
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
WILLIAM L. GIBBONS
District Attorney General
MICHAEL H. LEAVITT
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103-1947
Judge:RILEY
First Paragraph:
The petitioner, Mario Bowser, appeals the order of the Shelby County
Criminal Court denying his "Motion For Post-Conviction Relief Filing
To Be Held In Abeyance." On appeal, he claims that the trial court
abused its discretion in denying the requested relief and maintains
that counsel should be appointed with leave to file an amended
petition. We hold that the trial court erred in not appointing
counsel to file an amended petition.
URL:http://www.tba.org/tba_files/TCCA/bowserm_opn.WP6
ROBERT BURNS
VS.
STATE OF TENNESSEE,
Court:TCCA
Attorneys:
FOR THE APPELLANT:
SHARA ANN FLACY
District Public Defender
JOHN R. WINGO (At Hearing)
Assistant Public Defender
209 W. Madison Street
P.O. Box 1208
Pulaski, TN 38478-1208
JOHN E. HERBISON (On Appeal)
2016 Eighth Avenue S.
Nashville, TN 37204-2202
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
ELIZABETH B. MARNEY
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
T. MICHAEL BOTTOMS
District Attorney General
JESSE DURHAM
Assistant District Attorney General
10 Public Square
P.O. Box 1619
Columbia, TN 38402-1619
Judge:Moore
First Paragraph:
The petitioner, Robert Burns, appeals the order of the Maury County
Circuit Court denying his petition for post-conviction relief.
Petitioner is currently serving a sentence of fifty (50) years for one
(1) count of second degree murder. Because the offense was committed
with a firearm, petitioner's sentence was enhanced five (5) years for
an effective sentence of fifty-five (55) years. Petitioner filed the
present petition, claiming that he received ineffective assistance of
trial and appellate counsel. On appeal, he argues that counsel was
ineffective by failing to: (1) listen to the audiotape of defendant's
preliminary hearing; (2) request a special jury charge on mutual
combat; (3) submit the sentencing hearing transcript as part of the
record on direct appeal; and (4) challenge the sufficiency of the
evidence on direct appeal regarding venue. 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/burnsr_opn.WP6
ROY EARL COLLINS
VS.
STATE OF TENNESSEE,
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Kimberly A. Parton John Knox Walkup
Attorney Attorney General and Reporter
P.O. Box 116
Knoxville, TN 37901-0116 Ellen H. Pollack
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
Nashville, TN 37243
Randall E. Nichols
District Attorney General
and
Robert L. Jolley, Jr.
Assistant District Attorney General
City-County Building
Knoxville, TN 37902
Judge:WADE
First Paragraph:
The petitioner, Roy Earl Collins, appeals the trial court's denial of
post-conviction relief. The issues presented for review are as
follows: (1) whether the petitioner was denied the effective
assistance of counsel; and (2) whether the trial court properly
denied the petitioner's motion for expert services. We find no error
and affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/collnsre_opn.WP6
STATE OF TENNESSEE
VS.
GREGORY COULSON
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
David E. High John Knox Walkup
227 Second Avenue, North Attorney General and Reporter
First Floor
Nashville, TN 37201 Daryl J. Brand
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
Nashville, TN 37243-0493
Victor S. (Torry) Johnson III
District Attorney General
Mary Campbell
Asst. District Attorney General
Washington Square, Suite 500
222-2nd Avenue North
Nashville, TN 37201-1619
Judge:HAYES
First Paragraph:
The appellant, Gregory Coulson, appeals as of right his conviction in
the Davidson County Criminal Court for the misdemeanor offense of
disorderly conduct. Following a bench trial, the appellant was
sentenced to thirty days in jail, all of which was suspended, and was
assessed a fine of fifty dollars. The appellant's sole issue on
appeal is whether a defendant who proceeds to trial upon a charge of
misdemeanor assault may be convicted of disorderly conduct.
For the reasons discussed below, the judgment of conviction is
reversed and dismissed.
URL:http://www.tba.org/tba_files/TCCA/coulsong_opn.WP6
JERRY WHITESIDE DICKERSON
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Leslie M. Jeffress John Knox Walkup
1776 Riverview Tower Attorney General of Tennessee
900 S. Gay Street and
Knoxville, TN 37902 Ellen H. Pollack
Assistant Attorney General of Tennessee
425 Fifth Avenue North
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
and
Marsha Selecman
Assistant District Attorney General
City-County Building
Knoxville, TN 37902
Judge:TIPTON
First Paragraph:
The petitioner, Jerry Whiteside Dickerson, appeals as of right from
the Knox County Criminal Court's order denying him post-conviction
relief from his 1992 convictions for first degree murder and
especially aggravated robbery for which he is presently serving an
effective sentence of life imprisonment. He contends that the trial
court erred in holding that he received the effective assistance of
counsel. We affirm the trial court.
URL:http://www.tba.org/tba_files/TCCA/dickerjw_opn.WP6
STATE OF TENNESSEE
VS.
TAMMY MAE ELLIOTT
Court:TCCA
Judge:RILEY
First Paragraph:
On October 15, 1997, the defendant, Tammy Mae Elliott, pled guilty to
child abuse of a child under six (6) years of age, a Class D felony.
On December 1, 1997, she was sentenced to two (2) years in the
Department of Correction. She had been continuously incarcerated
since June 13, 1997, and remained incarcerated after sentencing.
Pursuant to Tenn. Code Ann. S 40-35-501, defendant was issued a
certificate of probation from the Tennessee Department of Correction
effective January 14, 1998.
URL:http://www.tba.org/tba_files/TCCA/elliottm_opn.WP6
STATE OF TENNESSEE
VS.
BRIAN W. GAINES,
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Julie A. Martin John Knox Walkup
Attorney Attorney General & Reporter
P.O. Box 426
Knoxville, TN 37901-0426 Ellen H. Pollack
(on appeal) Assistant Attorney General
425 Fifth Avenue North
Stacey D. Nordquist Nashville, TN 37243-0493
Asst District Public Defender
419 High Street Philip Morton
Maryville, TN 37804 Asst District Attorney General
(at trial) Blount County Courthouse
363 Court Street
Maryville, TN 37804
Judge:WADE
First Paragraph:
The defendant, Brian W. Gaines, was convicted of delivery of over 0.5
gram of cocaine, a Class B felony. The trial court sentenced the
defendant, who qualified as a Range I offender, to nine years
imprisonment. A fine of $100,000.00 was imposed.
URL:http://www.tba.org/tba_files/TCCA/gainesbw_opn.WP6
STATE OF TENNESSEE
VS.
CORY LAMONT GENTRY
Court:TCCA
Attorneys:
For Appellant: For Appellee:
C. Michael Robbins John Knox Walkup
3074 East Street Attorney General & Reporter
Memphis, TN 38128
(on appeal only) Marvin E. Clements, Jr.
Assistant Attorney General
Joseph P. Atnip 425 Fifth Avenue North
District Public Offender Cordell Hull Building, 2nd Floor
P.O. Box 734 Nashville, TN 37243-0493
Dresden, TN 38225
Allen Strawbridge
Assistant District Attorney General
P.O. Box 218
Union City, TN 38261
Judge:WADE
First Paragraph:
The defendant, Cory Lamont Gentry, was convicted of Class E felony
reckless endangerment and unlawful possession of a weapon. The trial
judge imposed concurrent Range II, four-year sentences for each
conviction, to be served consecutively to prior unserved sentences.
URL:http://www.tba.org/tba_files/TCCA/gentrycl_opn.WP6
STATE OF TENNESSEE
VS.
JEFFREY DAVID HAHN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Julie A. Martin John Knox Walkup
P. O. Box 426 Attorney General & Reporter
Knoxville, TN 37901-0426 425 Fifth Avenue, North
(On Appeal) Nashville, TN 37243-0493
Michael D. Randles Georgia Blythe Felner
Assistant Public Defender Assistant Attorney General
218 North Main 425 Fifth Avenue, North
Shelbyville, TN 37160 Nashville, TN 37243-0493
(At Trial)
William M. McCown
OF COUNSEL: District Attorney General
John Harwell Dickey 215 East College
District Public Defender Fayetteville, TN 37334-0878
105 South Main
Fayetteville, TN 37334 Weakley E. Barnard
(At Trial) Assistant District Attorney General
Marshall County Courthouse
Lewisburg, TN 37091
Judge:LAFFERTY
First Paragraph:
The defendant, Jeffery David Hahn, appeals as of right from the manner
of service of sentence imposed by the Marshall County Circuit Court
for the offenses of forgery, passing worthless checks, and failure to
appear. As a result of a guilty plea, the defendant received a
sentence of eight (8) years, Range II, for the offense of forgery; a
sentence of two (2) years, Range II, for the offense of passing
worthless checks; and a sentence of two (2) years, Range II, for the
offense of failure to appear, all to run consecutively in the
Department of Correction. As part of the plea agreement, the defendant
requested placement in the community corrections program under Tenn.
Code Ann. S 40-36-106. After a sentencing hearing, the trial court
denied placement in the community corrections program. The defendant
complains the trial court erred by not properly considering the
defendant's eligibility for alternative sentencing in the community
corrections program.
URL:http://www.tba.org/tba_files/TCCA/haasmar_opn.WP6
STATE OF TENNESSEE
VS.
WILLIAM ALONZO HAMILTON
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Jeffrey A. DeVasher John Knox Walkup
Assistant Public Defender Attorney General & Reporter
1202 Stahlman Building
Nashville, TN 37201 Janis L. Turner
(on appeal) Assistant Attorney General
425 Fifth Avenue North
J. Michael Engle Cordell Hull Building, Second Floor
Sr. Assistant Public Defender Nashville, TN 37243-0493
1202 Stahlman Building
Nashville, TN 37201 John Zimmermann
(at trial) Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201
Judge:WADE
First Paragraph:
The defendant, William Alonzo Hamilton, was convicted of delivery of
over 0.5 gram of cocaine and simple possession of cocaine. The trial
court sentenced the defendant, who qualified as a Range I offender, to
ten years for delivery of cocaine and eleven months, twenty-nine days
at seventy-five percent for simple possession. The sentences are to
be served concurrently. A fine of $2,250.00 was imposed.
URL:http://www.tba.org/tba_files/TCCA/hmiltnwa_opn.WP6
STATE OF TENNESSEE
VS.
MARK LOGAN
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Stephen W. Pate John Knox Walkup
Attorney Attorney General & Reporter
218 West Main Street
Murfreesboro, TN 37130 Lisa A. Naylor
Assistant Attorney General
425 Fifth Avenue North
Cordell Hull Building, Second Floor
Nashville, TN 37243-0493
William C. Whitesell
District Attorney General
Third Floor Judicial Building
Murfreesboro, TN 37130
John W. Price
Assistant District Attorney General
Rutherford County Judicial Building
Murfreesboro, TN 37130
Judge:WADE
First Paragraph:
The defendant, Mark Logan, entered pleas of guilt to attempted
aggravated sexual battery. The trial court imposed a Range I sentence
of three years. In this appeal of right, the defendant claims the
trial court committed error by failing to grant probation.
URL:http://www.tba.org/tba_files/TCCA/loganmk_opn.WP6
TYRONE G. MEADE
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
RANDALL B. TOLLEY JOHN KNOX WALKUP
242 Poplar Avenue Attorney General and Reporter
Memphis, TN 38103
DOUGLAS D. HIMES
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
WILLIAM GIBBONS
District Attorney General
JOHN CAMPBELL
Assistant District Attorney General
Criminal Justice Complex, Suite 301
201 Poplar Street
Memphis, TN 38103
Judge:WELLES
First Paragraph:
The Defendant appeals the trial courtŐs denial of his petition for
post- conviction relief. He was convicted by a jury verdict of two
counts of second degree murder. He sought post-conviction relief
asserting that he received ineffective assistance of counsel at trial.
Following an evidentiary hearing, the trial court denied relief and
we affirm.
URL:http://www.tba.org/tba_files/TCCA/meadetg_opn.WP6
RONALD PARKER
VS.
FRED RANEY, WARDEN and STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
RONALD L. PARKER JOHN KNOX WALKUP
Pro Se Attorney General and Reporter
Route 1, Box 660
Tiptonville, TN 38079 MARVIN E. CLEMENTS, JR.
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
C. PHILLIP BIVENS
District Attorney General
P.O. Drawer E
Dyersburg, TN 38024
Judge:WELLES
First Paragraph:
The Defendant, Ronald L. Parker, appeals as of right from the
dismissal of his petition for habeas corpus relief. The Defendant is
an inmate in the custody of the Department of Correction. According
to his petition and the exhibits attached thereto, on May 1, 1995, he
pleaded guilty to and was convicted of three counts of burglary. For
these convictions, he was sentenced to three concurrent eight-year
terms in the Department of Correction. His petition for habeas corpus
relief alleged that his convictions and sentences are void because the
sentences were not ordered to be served consecutively to a prior
sentence as required by law. The trial court summarily dismissed the
habeas corpus petition, finding that the judgments of conviction were
not void and that the DefendantŐs sentences had not expired. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/parkerro_opn.WP6
BETSY JANE PENDERGRAST
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Jim Wiseman and John Knox Walkup
Sally Schneider Attorney General and Reporter
131 North Church Street
Murfreesboro, TN 37130 Elizabeth B. Marney
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
William C. Whitesell, Jr.
District Attorney General
3rd Floor, Judicial Building
Murfreesboro, TN 37130
Judge:HAYES
First Paragraph:
The appellant, Betsy Jane Pendergrast, appeals the dismissal of her
petition for post-conviction relief by the Rutherford County Circuit
Court. Specifically, the appellant contends that her trial counsel
was ineffective for failing to provide the State notice of expert
testimony and for failing to make a complete offer of proof on the
excluded witnesses.
URL:http://www.tba.org/tba_files/TCCA/pndrgstb_opn.WP6
STATE OF TENNESSEE
VS.
TRACY LEE POARCH
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Andrew Jackson Dearing, III John Knox Walkup
Attorney at Law Attorney General & Reporter
117 South Main St, Ste 101
Shelbyville, TN 37160 Janis L. Turner
Counsel for the State
425 Fifth Avenue North
Cordell Hull Building
Nashville, TN 37243-0493
W. Michael McCown
District Attorney General
Robert Crigler
Asst District Attorney General
One Public Square, Suite 100
Shelbyville, TN 37160
Judge:SUMMERS
First Paragraph:
In December 1996, Tracy Lee Poarch was indicted for operating a motor
vehicle after having been declared a habitual offender in violation of
Tennessee Code Annotated ¤ 55-10-616 (1993); driving under the
influence of an intoxicant (DUI), third offense in violation of
Tennessee Code Annotated ¤ 55-10-401 (Supp. 1996); and criminal
impersonation in violation of Tennessee Code Annotated ¤ 39-16-301
(1990). The appellant entered a plea of guilty to the criminal
impersonation charge, and after a jury trial, he was convicted on the
two remaining charges. The appellant was ordered to serve a sentence
of two years in the Tennessee Department of Correction for violation
of the habitual offender status, nine months in the county jail for
the driving under the influence of an intoxicant conviction, and six
months in the county jail for the criminal impersonation conviction,
to run concurrently.
URL:http://www.tba.org/tba_files/TCCA/poarchtl_opn.WP6
CHAD DOUGLAS POOLE
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CHAD DOUGLAS POOLE JOHN KNOX WALKUP
Pro Se Attorney General and Reporter
P.O. Box 1000
Henning, TN 38041-1000 DOUGLAS D. HIMES
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
ELIZABETH RICE
District Attorney General
JERRY NORWOOD
Assistant District Attorney
302 Market Street
Somerville, TN 38068
Judge:WELLES
First Paragraph:
The Defendant appeals as of right from the trial courtŐs summary
dismissal of his pro se petition for post-conviction relief. The
trial judge dismissed the petition without appointing counsel and
without conducting an evidentiary hearing. We believe the Defendant
was entitled to an evidentiary hearing to give him the opportunity to
prove his allegations that he did not knowingly and voluntarily enter
his guilty plea and that he did not understand his right against
self-incrimination. We therefore reverse the judgment of the trial
court and remand this case for further proceedings.
URL:http://www.tba.org/tba_files/TCCA/poolecd_opn.WP6
STATE OF TENNESSEE
VS.
TIMOTHY RATHERS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Charles E. Waldman John Knox Walkup
147 Jefferson, Suite 1102 Attorney General & Reporter
Memphis, TN 38103
(At Trial & On Appeal) Peter M. Coughlan
Assistant Attorney General
425 Fifth Avenue North
2nd Floor, Cordell Hull Building
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
Thomas Hoover
Assistant District Attorney General
201 Poplar Avenue, Third Floor
Memphis, TN 38103
Judge:WEDEMEYER
First Paragraph:
The appellant was indicted on four counts of dealing with controlled
substances. Specifically, he was charged in one count each of
possession of cocaine with intent to deliver, possession of cocaine
with intent to sell, possession of marijuana with intent to deliver,
and possession of marijuana with intent to sell. On July 16, 1997, a
jury convicted the defendant on the two possession with intent to
deliver counts. In this appeal, his sole complaint is that the
evidence was insufficient to support these convictions. Having
reviewed the evidence, we affirm the trial court.
URL:http://www.tba.org/tba_files/TCCA/rathers_wpd.WP6
STATE OF TENNESSEE
VS.
LARRY GENE UNDERHILL
Court:TCCA
Attorneys:
FOR THE APPELLANT:
JOHN H. HENDERSON
District Public Defender
ELAINE B. BEELER
Asst. District Public Defender
407-C Main Street
P.O. Box 68
Franklin, TN 37065-0068
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
CLINTON J. MORGAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
JOSEPH D. BAUGH, JR.
District Attorney General
RONALD L. DAVIS
Assistant District Attorney General
Williamson County Courthouse
Suite G-6
P.O. Box 937
Franklin, TN 37065-0937
Judge:MOORE
First Paragraph:
The defendant, Larry Gene Underhill, appeals as of right his
convictions by a Hickman County jury for two (2) counts of aggravated
assault and one (1) count each of aggravated burglary and resisting
arrest. Pursuant to a sentencing agreement, the defendant received an
effective sentence of ten (10) years. On appeal, he contends the
evidence was insufficient to support his convictions, and that the
trial court erred by failing to exclude a prior conviction for
impeachment purposes. The judgment of the trial court is AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/underhlg_opn.WP6
DONALD F. WALTON
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Richard D. Piliponis John Knox Walkup
209 Tenth Avenue, South Attorney General & Reporter
Suite 511 425 Fifth Avenue, North
Nashville, TN 37203 Nashville, TN 37243-0493
Daryl J. Brand
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
222 Second Avenue, North, Suite 500
Nashville, TN 37201-1649
Kymberly H. Haas
Assistant District Attorney General
222 Second Avenue, North, Suite 500
Nashville, TN 37201-1649
Judge:LAFFERTY
First Paragraph:
On June 16, 1994, the petitioner, Donald F. Walton, pled guilty to
murder second degree and especially aggravated robbery. The petitioner
was sentenced to 25 years, Range I, for each offense. The sentences
were to run consecutively for a total of 50 years. In November, 1994,
petitioner filed a pro se petition for post-conviction relief.
Counsel was appointed. An amended petition was filed alleging
petitionerŐs attorney had told him he could make parole after serving
approximately seven and one-half years in confinement, thus
constituting ineffective assistance of counsel. After a hearing on the
petition on October 4, 1995, the Davidson County Criminal Court denied
the petition. This denial was appealed to this Court. On January 30,
1997, this Court reversed the trial court and remanded to the trial
court to determine whether the petitioner had sufficiently satisfied
the first prong requirement under Strickland v. Washington, 466 U.S.
668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). After such review, the
trial court, again, denied the petition. The sole issue for our review
is whether the evidence preponderates against the findings of the
trial court. We affirm the hearing court.
URL:http://www.tba.org/tba_files/TCCA/waltondf_opn.WP6
JULIUS S. WATLER
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Julius S. Watler, Pro Se John Knox Walkup
Special Needs Facility Attorney General and Reporter
7575 Cockrill Bend Industrial Rd.
Nashville, TN 37209-1057 Elizabeth B. Marney
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Judge:HAYES
First Paragraph:
The appellant, Julius S. Watler, appeals the Davidson County Criminal
CourtŐs summary dismissal of his application for writ of habeas
corpus. Upon review, we conclude that affirmance of the lower courtŐs
decision is proper.
URL:http://www.tba.org/tba_files/TCCA/watlerjs_opn.WP6
STATE OF TENNESSEE
VS.
ERIC D. WOODARD,
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
RANDALL P. SALKY JOHN KNOX WALKUP
266 South Front St Attorney General & Reporter
Memphis, TN 38103
PETER M. COUGHLAN
Assistant Attorney General
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
JERRY KITCHEN
Assistant Dist. Attorney General
201 Poplar Avenue, Third Floor
Memphis, TN 38103
Judge:WITT
First Paragraph:
The defendant, Eric D. Woodard, appeals the decision of the Shelby
County Criminal Court to deny probation of his plea-bargained one-year
sentence. The trial court imposed the sentence, along with a $2,000
fine, in consequence of the defendantŐs guilty plea to the Class E
felony of possessing marijuana with intent to sell or deliver. We
have reviewed the record on appeal, including the briefs of the
parties, the transcript of the sentencing hearing, and the presentence
report, and we affirm the denial of probation pursuant to Rule 20 of
the rules of this court.
URL:http://www.tba.org/tba_files/TCCA/woodard_opn.WP6
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