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TBALink Opinion-Flash
October 29, 1998 -- Volume #4 -- Number #156
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 Opinion(s) from the Tennessee Supreme Court
- 01-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
- 00-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
- 09-New Opinion(s) from the Tennessee Court of Appeals
- 28-New Opinion(s) from the Tennessee Court of Criminal Appeals
- 00-New Judicial Ethics Opinion(s)
- 00-New Formal Ethics Opinion(s) from the Board of Professional Responsibility
- 00-New Opinion(s) from the Tennessee Supreme Court
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Lucian T. Pera
Editor-in-Chief, TBALink
ADVO, INC. AND INSURANCE COMPANY OF NORTH AMERICA VS. DENISE PHILLIPS Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Leland M. McNabb Marvin A. Bienvenu, Jr. McNABB, HOLLEY & WALDROP GATTI, KELTNER, BIENVENU & MONTESI 1770 Kirby Parkway, Suite 222 219 Adams Avenue Memphis, TN 38138-7405 Memphis, TN 38103 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. Review of the findings of fact made by the trial court is de novo upon the record, 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 worker's compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). However, considerable deference must be given to the trial judge, who has seen and heard witnesses especially where issues of credibility and weight of oral testimony are involved. Jones v. Hartford Accident and Indemnity Company, 811 S.W.2d 516 (Tenn. 1991). URL:http://www.tba.org/tba_files/TSC_WCP/advo_opn.WP6
MARGARET MARIE BARNES
VS.
BRIGHT GLADE CONVALESCENT HOME, LOUIS MONTESI and
DEBORAH HENDERSON, ADMINISTRATOR AD LITEM OF
THE ESTATE OF LOUIS MONTESI, DECEASED
Court:TCA
Attorneys:
RONALD C. WILSON
Memphis, Tennessee
Attorney for Appellant
ROBERT A. WAMPLER
WAMPLER & PIERCE, P.C.
Memphis, Tennessee
Attorney for Appellees
Judge:HIGHERS
First Paragraph:
Margaret Barnes (Plaintiff) appeals the trial court's order of
dismissal, dismissing her complaint as to Defendant Louis Montesi
(Montesi). Based upon the record before this Court, we dismiss the
subject appeal because Plaintiff has appealed from an order that
adjudicates fewer than all the claims or the rights and liabilities of
fewer than all the parties and because the trial court did not direct
the entry of a final judgment upon an express determination that there
is no just reason for delay and upon an express direction for the
entry of judgment.
URL:http://www.tba.org/tba_files/TCA/barnesm_opn.WP6
ROGER BROWN
VS.
CITY OF MEMPHIS
Court:TCA
Attorneys:
Thomas K. McAlexander of Jackson
For Plaintiff
Robert L. J. Spence, Jr., City Attorney
Elbert Jefferson, Jr., Sr. Assistant City Attorney
For Defendant
Judge:CRAWFORD
First Paragraph:
Plaintiff, Roger Brown, appeals the order of the trial court granting
summary judgment to Defendant, City of Memphis. The facts are not
disputed. This suit stems from an on-the-job injury suffered by Brown
on May 12, 1995. The City employed Brown as a backhoe operator at the
M. C. Stiles Sewage Treatment Plant. One of Brown's duties was to
move a sled back and forth across a sludge pond. Originally, a crane
was used to move the sled; however, at some time prior to the accident
the crane had broken down. The employees at the sewage treatment
plant were forced to improvise by using bulldozers and a pulley
arrangement. Brown operated one of these bulldozers with a large
pulley attached to its side. A cable ran through this pulley and
across a sludge pond to another bulldozer located on the opposite
side. The sled moved between the bulldozers and across the pond by
means of the cable.
URL:http://www.tba.org/tba_files/TCA/brownro_opn.WP6
RITTA OWENS, LESIA G. JOHNSON, CHERYL L. MITCHELL, CLARA M.
SHARP, WILLIAM A. SMITH and JOBE L. TAYLOR
VS.
THE UNIVERSITY CLUB OF MEMPHIS, a not-for-profit
Tennessee corporation
AND
ANNE R. GALLOWAY
VS.
THE UNIVERSITY CLUB OF MEMPHIS, a not-for-profit
Tennessee corporation
Court:TCA
Attorneys:
For the Plaintiffs/Appellees: For the Defendant/Appellant:
Bruce S. Kramer Gregory G. Fletcher
Melissa R. Magee Stephen D. Goodwin
Memphis, Tennessee Elizabeth E. Chance
Memphis, Tennessee
Judge:LILLARD
First Paragraph:
This case involves consolidated actions against the University Club of
Memphis ("the Club"). Both lawsuits allege that portions of tips paid
to the Club for banquet and private parties were withheld from banquet
service employees and were appropriated by the Club. The first
lawsuit, filed by former and current food and beverage workers at the
Club, sought damages for breach of contract, fraud, misrepresentation,
and conversion. The second suit, filed by the former Assistant
Manager of the Club, alleged wrongful discharge for her refusal to
continue withholding tips, as well as whistleblower claims. After a
jury trial, each of the plaintiffs was awarded compensatory damages,
and the jury awarded collective punitive damages. The defendant
appeals, arguing inter alia that the plaintiffs' claims are barred by
the statute of limitations, that there is no private right of action
under the Tennessee Tip Statute, and various evidentiary issues.
After reviewing the record, we affirm in part, reverse in part, and
remand.
URL:http://www.tba.org/tba_files/TCA/gallowaa_opn.WP6
G. WINSTON GRAGG
VS.
NELLIE CASBURN GRAGG
Court:TCA
Attorneys:
Hal Gerber, Gerber Law Office of Memphis
For Appellant
Thomas R. Prewitt, Sr., Armstrong Allen Prewitt
Gentry Johnston & Holmes, PLLC of memphis
For Appellee
Judge:CRAWFORD
First Paragraph:
Appellant, G. Winston Gragg (Husband), appeals the trial court's
decree granting divorce to Appellee, Nellie Casburn Gragg (Wife). The
sole issue for review is whether benefits received by Husband from two
disability insurance policies are marital property subject to
distribution.
URL:http://www.tba.org/tba_files/TCA/graggwin_opn.WP6
ALLEN W. LAWRENCE
VS.
TOWN OF BRIGHTON
AND
GLENDA CHANDLER as Natural Parent and Guardian and Next Friend
on Behalf of JAMES M. CHANDLER, a Minor Child and Individually,
in her own right
VS.
TOWN OF BRIGHTON
Court:TCA
Attorneys:
John D. Burleson,
Jeffery G. Foster,
RAINEY, KIZER, BUTLER, REVIERE & BELL, P.L.C., Jackson, Tennessee
Attorneys for Defendant/Appellant.
J. Houston Gordon, Covington, Tennessee
Attorney for Plaintiffs/Appellees.
Judge:FARMER
First Paragraph:
On May 22, 1996, a collision occurred between a vehicle driven by
Allen W. Lawrence and a vehicle driven by Richard Drumwright, an
employee of the Town of Brighton. Lawrence's sister Glenda Chandler
and Chandler's three year old son James M. Chandler were passengers in
the Lawrence vehicle.
URL:http://www.tba.org/tba_files/TCA/lawrenca_opn.WP6
LOYAL FEATHERSTONE
VS.
ROBERT COLEMAN, ET UX
Court:TCA
Attorneys:
John C. Scheeper, Jr., SCHEEPER LAW FIRM, Memphis, Tennessee
Attorney for Defendants/Appellants.
William L. Hendricks, Jr.,
Venita Marie Martin,
GLANKLER BROWN, PLLC, Memphis, Tennessee
Attorney for Plaintiff/Appellee.
Judge:FARMER
First Paragraph:
Defendants Robert and Janice Coleman appeal the trial court's final
judgment awarding Plaintiff/Appellee Loyal Featherstone Construction,
Inc., the sum of $30,067.18 in this breach of contract action. We
reverse the trial court's judgment based on our conclusion that the
record contains insufficient evidence to support the trial court's
finding that the Colemans breached the subject contract.
URL:http://www.tba.org/tba_files/TCA/loyalfea_opn.WP6
BECKY SANDERS
VS.
GEORGE MOTT GRAY and JOHN CURTIS
Court:TCA
Attorneys:
DON G. OWENS, III
Memphis, Tennessee
WALKER TIPTON
Covington, Tennessee
Attorneys for Appellants
LARRY S. BANKS
BANKS LAW FIRM, P.A.
Brownsville, Tennessee
Attorney for Appellee
Judge:HIGHERS
First Paragraph:
Defendants George Mott Gray and John Curtis appeal the trial court's
order denying their respective motions for discretionary costs against
Plaintiff/Appellee Becky Sanders. Defendant Gray additionally appeals
the trial court's order to the extent that it assesses him with
Sanders' costs. For the reasons hereinafter stated, we affirm the
trial court's judgment.
URL:http://www.tba.org/tba_files/TCA/sandersb_opn.WP6
BOB T. SOUDER, Individually and on behalf of all others similarly
situated
VS.
HEALTH PARTNERS, INC.
Court:TCA
Attorneys:
William H. West; Stokes & Bartholomew of Nashville
William H. Shackelford of Jackson
For Appellees
Robert B. Littleton, Mary Ellen Morris; Trabue,
Sturdivant & DeWitt of Nashville
For Appellant
Judge:CRAWFORD
First Paragraph:
This case involves a contract arbitration clause and the Tennessee
Open Meetings Act (Act). Defendant, Health Partners, Inc. (HP),
appeals the Chancellor's order denying its motion to compel
arbitration and granting the Plaintiff's, Dr. Bob T. Souder, M.D.
(Souder), motion for judgment on the pleadings.
URL:http://www.tba.org/tba_files/TCA/souderb_opn.WP6
UNITED STEELWORKERS OF AMERICA
VS.
TENNESSEE AIR POLLUTION CONTROL BOARD
Court:TCA
Attorneys:
For Plaintiff/Appellant: For Defendant/Appellee:
W. Edward Ramage John Knox Walkup
Tuke Yopp & Sweeney Attorney General and Reporter
Nashville, Tennessee
Melissa L. Callaway
Assistant Attorney General
Environmental Division
Judge:KOCH
First Paragraph:
This appeal involves a dispute over the issuance of an operating
permit by the Tennessee Division of Air Pollution Control for a reheat
furnace at a steel production facility in Rockwood. After the
Division issued the permit, the United Steelworkers of America sought
an appeal and a stay from the Tennessee Air Pollution Control Board.
The Board denied the appeal on the ground that the union lacked
standing because it was not an aggrieved party. The union filed a
timely petition for review in the Chancery Court for Davidson County,
but the trial court dismissed the petition because the union had
failed to have summonses issued when it filed its petition and because
the union failed to make the permit holder a party to the judicial
review proceedings. We have determined that the union was not
required to cause summonses to be issued when it filed its petition
for review and that the union substantially fulfilled its statutory
obligation to serve a copy of its petition on the permit holder.
Accordingly, we reverse the order dismissing the union's petition for
judicial review and remand the case for further proceedings.
URL:http://www.tba.org/tba_files/TCA/unitedsw_opn.WP6
STATE OF TENNESSEE
VS.
WILLIAM E. BREWER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DONALD E. PARISH JOHN KNOX WALKUP
P.O. Box 229 Attorney General & Reporter
Huntingdon, TN 38344
CLINTON J. MORGAN
RONALD J. DARBY Assistant Attorney General
127 Forrest Avenue South 425 Fifth Avenue North
Camden, TN 38320 2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
STEVE GARRETT
Asst District Attorney General
P.O. Box 94
Paris, TN. 38242
Judge:WITT
First Paragraph:
The defendant, William E. Brewer, appeals the convictions for assault
and reckless endangerment imposed by the Benton County Circuit Court.
A jury found the defendant guilty of assaulting his wife, Cheryl
Brewer, on September 4, 1996, as alleged in count (1) of the
indictment, and it found him guilty of reckless endangerment, a lesser
included offense of the September 6, 1996 assault of Cheryl Brewer
alleged as aggravated assault in count (2). The trial court imposed
concurrent sentences of eleven months and twenty-nine days on the
assault conviction, a Class A misdemeanor, and two years on the
reckless endangerment conviction, a Class E felony. In this direct
appeal, the defendant challenges only the failure of the trial court
to order the severance of the two counts and the effectiveness of
counsel's assistance in not moving for severance prior to trial.
After a review of the record, the briefs of the parties, and the
applicable law, we affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/brewerwe_opn.WP6
STATE OF TENNESSEE
VS.
BRENT BROWN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DAVID CRICHTON JOHN KNOX WALKUP
111 W. Market Street Attorney General and Reporter
P. O. Box 651
Bolivar, TN 38008 GEORGIA BLYTHE FELNER
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
ELIZABETH RICE
District Attorney General
JERRY NORWOOD
Assistant District Attorney
302 Market Street
Somerville, TN 38068
Judge:SMITH
First Paragraph:
On May 5, 1997, Appellant Brent Brown was indicted by the Hardeman
County Grand Jury on one count of aggravated robbery and two counts of
aggravated assault. On September 9, 1997, Appellant pleaded guilty to
the offenses as charged. A sentencing hearing was also held on
September 9, 1997, after which the trial court sentenced Appellant to
nine years for the aggravated robbery conviction and three years for
each aggravated assault conviction. Appellant challenges only his
sentence for the aggravated robbery conviction, raising the following
issue: whether the trial court properly considered Appellant's
juvenile record as a basis for enhancing his sentence for the
aggravated robbery conviction.
After a review of the record, we affirm the judgment of the trial
court.
URL:http://www.tba.org/tba_files/TCCA/brownbre_opn.WP6
ANTHONY COLE
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
William K. Randolph John Knox Walkup
P. O. Box 611 Attorney General and Reporter
Dyersburg, TN 38025-0611
Peter M. Coughlan
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
C. Phillip Bivens
District Attorney General
P. O. Box 507
Dyersburg, TN 38024
Judge:HAYES
First Paragraph:
The appellant, Anthony Cole, appeals the order of the Circuit Court of
Dyer County denying his petition for post-conviction relief. On
January 16, 1997, the appellant pled guilty, as a range I offender, to
one count of attempted aggravated sexual battery. Pursuant to the
plea agreement, the appellant received a sentence of six years in the
Department of Correction. The appellant collaterally attacks his
conviction for aggravated sexual battery upon grounds that his trial
counsel was ineffective and that his guilty plea is invalid.
URL:http://www.tba.org/tba_files/TCCA/colea_opn.WP6
HANSON L. DAVIS
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Hanson L. Davis,#126095,Pro Se John Knox Walkup
Cold Creek Correctional Attorney General and Reporter
Box 1000
Henning, TN 38041 Georgia Blythe Felner
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
James G. (Jerry) Woodall
District Attorney General
Al Earls
Asst. District Attorney General
P. O. Box 2825
Jackson, TN 38302
Judge:HAYES
First Paragraph:
The appellant, Hanson L. Davis, proceeding pro se, appeals from the
voluntary dismissal of his petition for writ of error coram nobis in
the Madison County Circuit Court. Finding that this cause is not
properly before this court, the appellant's appeal is dismissed.
URL:http://www.tba.org/tba_files/TCCA/davishl_opn.WP6
AUDREY E. DOWNS
VS.
STATE OF TENNESSEE
Court:TCCA
Judge:RILEY
First Paragraph:
The petitioner appeals the trial court's denial of post-conviction
relief. The petitioner originally pled guilty to felony murder and
aggravated rape. He received agreed sentences of life imprisonment
without the possibility of parole and twenty-five (25) years,
respectively. The sentences were ordered to run concurrently. In
this appeal, the petitioner only contests the felony murder plea. He
contends the plea was the unknowing and involuntary result of
ineffective assistance of counsel.
URL:http://www.tba.org/tba_files/TCCA/downsa_ord.WP6
STATE OF TENNESSEE
VS.
PAUL EDWARD EPPS
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Shana C. McCoy-Johnson John Knox Walkup
Senior Asst. Public Defender Attorney General and Reporter
Post Office Box 700
Somerville, TN 38068-0700 Elizabeth T. Ryan
Assistant Attorney General
Gary F. Antrican Criminal Justice Division
District Public Defender 425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Elizabeth T. Rice
District Attorney General
302 Market Street
Somerville, TN 38068
Judge:HAYES
First Paragraph:
The appellant, Paul Edward Epps, appeals the verdict of a Fayette
County jury finding him guilty of one count of aggravated burglary,
one count of theft of property over $1000, and attempted theft of
property over $1000. For these crimes, the appellant was sentenced,
as a range II offender, to seven years for aggravated burglary, four
years for theft over $1000, and three years for attempted theft.
These sentences were ordered to be served concurrently with each other
but consecutive to a prior outstanding sentence. The appellant's sole
issue on appeal is whether the evidence presented at trial is
sufficient to support his convictions on these charges.
URL:http://www.tba.org/tba_files/TCCA/eppspe_opn.WP6
STATE OF TENNESSEE
VS.
TONY FITZ
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Frank Deslauriers John Knox Walkup
P. O. Box 1156 Attorney General and Reporter
Covington, TN 38019
Clinton J. Morgan
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Elizabeth T. Rice
District Attorney General
Walt Freeland
Asst. District Attorney General
302 Market Street
Somerville, TN 38068
Judge:HAYES
First Paragraph:
The appellant, Tony Fitz, appeals, as of right, the verdict of a
Tipton County jury finding him guilty of robbery for which a sentence
of seven years and six months was subsequently imposed. The sole
issue raised on appeal is whether the evidence is sufficient to
support the conviction.
URL:http://www.tba.org/tba_files/TCCA/fitzt_opn.WP6
ANTHONY K. GOODS
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
A.C. WHARTON JOHN KNOX WALKUP
Public Defender Attorney General and Reporter
TONY N. BRAYTON PETER M. COUGHLAN
Assistant Public Defender Assistant Attorney General
201 Poplar Ave, Ste 2-01 425 5th Avenue North
Memphis, TN 38103 Nashville, TN 37243-0493
WILLIAM L. GIBBONS
District Attorney General
RHEA CLIFT
Assistant District Attorney General
Criminal Justice Complex, Suite 301
201 Poplar Avenue
Memphis, TN 38103
Judge:WELLES
First Paragraph:
The Defendant appeals as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure from the trial court's denial of his
petition for post-conviction relief. In a negotiated plea agreement,
the Defendant pleaded guilty to second degree murder, attempted second
degree murder, especially aggravated robbery, and theft of property
over the value of one thousand dollars. His effective sentence was
fifty-five years to be served as a Range III persistent offender. He
subsequently petitioned for post-conviction relief, alleging that his
guilty pleas were not knowing and voluntary and that he received
ineffective assistance of counsel. After conducting an evidentiary
hearing on the post-conviction petition, the trial judge denied the
petitioner's claim. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/goodsak_ord.WP6
GARY L. GREEN
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Gary L. Green, Pro Se John Knox Walkup
# 149575 Attorney General & Reporter
CCA/SCCC
P.O. Box 279 Elizabeth B. Marney
Clifton, TN 38425 Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Mary Hausman
Assistant District Attorney General
Washington Square
Suite 500
222 Second Avenue, North
Nashville, TN 37201-1649
Judge:WADE
First Paragraph:
On August 15, 1996, the petitioner, Gary L. Green, was convicted of
especially aggravated kidnapping. He received a Range II, thirty-year
sentence. State v. Gary L. Green, No. 01C01-9706-CR-00207, slip op.
at 2 (Tenn. Crim. App., at Nashville, Apr. 9, 1998), application to
appeal filed, (May 27, 1998). On July 18, 1997, he filed this
petition for post-conviction relief claiming the indictment was
defective and that his counsel was ineffective. Several days later,
the trial court entered an order dismissing the petition for failure
to state a claim for relief.
URL:http://www.tba.org/tba_files/TCCA/greengl_opn.WP6
MARK GRIMES
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Mark Grimes John Knox Walkup
No. 138621 Attorney General & Reporter
Route 1, Box 660
Tiptonville, TN 38079 Clinton J. Morgan
(pro se, on appeal) Counsel for the State
425 Fifth Avenue North
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
Rosemary Andrews
Assistant District Attorney General
Criminal Justice Complex, Suite 301
201 Poplar Avenue
Memphis, TN 38103
Judge:SUMMERS
First Paragraph:
The appellant pled guilty to three counts of rape and judgment was
entered on these pleas on July 14, 1993. The appellant was sentenced
as a Range I standard offender to three consecutive terms of twelve
years each for an effective sentence of thirty-six years. On
September 9, 1997, the appellant filed his "Motion to Set Aside Guilty
Pleas" claiming that he had pled guilty on the basis that he would be
eligible for parole after serving thirty percent of his sentences. He
states that he "recently became aware that he would have to serve his
sentence at one hundred percent" pursuant to T.C.A. S 39-13-523(b),
which requires multiple rapists to serve their entire sentences.
Accordingly, he argues, he was "misled" into pleading guilty and would
have gone to trial had he been properly informed about his parole
eligibility (or lack thereof). The court below construed the motion
as a claim for post-conviction relief and dismissed it as barred by
the statute of limitations. We affirm.
URL:http://www.tba.org/tba_files/TCCA/grimesma_opn.WP6
KEITH A. GUY
VS.
STATE OF TENNESSEE,
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
C. Michael Robbins John Knox Walkup
Attorney at Law Attorney General & Reporter
46 North Third St, Ste 719
Memphis, TN 38103 Georgia Blythe Felner
Counsel for the State
George Morton Googe 425 Fifth Avenue North
District Public Defender Nashville, TN 37243-0493
Vanessa D. King James G. (Jerry) Woodall
Assistant Public Defender District Attorney General
227 West Baltimore Street
Jackson, TN 38301 Al Earls and
(at trial) Don Allen
Asst District Attorneys General
P.O. Box 2825
Jackson, TN 38302
Judge:SUMMERS
First Paragraph:
The petitioner pled guilty to four counts of aggravated robbery, two
counts of attempted aggravated robbery, and four counts of conspiracy
to commit aggravated robbery. He received an effective thirty-year
sentence for these crimes pursuant to his plea bargain. The
petitioner took no direct appeal from his convictions or sentences but
filed for post-conviction relief, alleging that his guilty plea was
the result of ineffective assistance of counsel. After hearing the
petitioner's testimony, the hearing court below granted the state's
motion to dismiss and denied relief. Upon our review of the record,
we affirm the court's judgment.
URL:http://www.tba.org/tba_files/TCCA/guykeith_opn.WP6
STATE OF TENNESSEE
VS.
WANDA DENISE HARRIS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Clifford K. McGown, Jr. John Knox Walkup
113 North Court Square Attorney General & Reporter
P. O. Box 26 425 Fifth Avenue, North
Waverly, TN 37185 Nashville, TN 37243-0493
(On Appeal)
Marvin E. Clements, Jr.
Joseph P. Atnip Assistant Attorney General
District Public Defender 425 Fifth Avenue, North
111 Main Street Nashville, TN 37243-0493
P. O. Box 734
Dresden, TN 38225
(At Trial and Thomas A. Thomas
Of Counsel on Appeal) District Attorney General
P. O. Box 218
Union City, TN 38281
Judge:LAFFERTY
First Paragraph:
The defendant, Wanda Harris, appeals as of right from a ruling of the
Obion County Circuit Court revoking her probation. On August 12,
1991, the defendant pled guilty to the sale of cocaine and received a
sentence of eight years in the Department of Correction, plus a fine
of $2,000. After serving a confinement period of six months, the
defendant was placed on probation for seven years, six months. On
March 22, 1995, the defendant pled guilty to two offenses of sale of a
controlled substance. The trial court imposed sentences of six years
in each case to be served concurrently and a fine of $2,000. The
defendant was ordered to serve five months in the county jail with the
balance of the sentence to be served in a community based alternative
program. On August 11, 1995, the defendant pled guilty to aggravated
burglary and received a suspended sentence of five years with
probation. After a review of the evidence in this record, briefs of
all parties, and appropriate law, we find the revocation of probation
justified and affirm the trial court.
URL:http://www.tba.org/tba_files/TCCA/harrisw_opn.WP6
ISSAC LYDELL HERRON
VS.
FRED RANEY, WARDEN
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Issac Lydell Herron, Pro Se John Knox Walkup
Northwest Correctional Complex Attorney General and Reporter
Route 1, Box 660
Tiptonville, TN 38079 Peter M. Coughlan
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
C. Phillip Bivens
District Attorney General
P. O. Drawer E
Dyersburg, TN 38024
Judge:HAYES
First Paragraph:
The appellant, Issac Lydell Herron, appeals the Lake County Circuit
Court's dismissal of his pro se petition for writ of habeas corpus.
The appellant was originally indicted by the Shelby County Grand Jury
for second-degree murder. A jury convicted the appellant as indicted
and, on February 13, 1984, he was sentenced to seventy-two years in
the Department of Correction. The instant petition was filed on April
6, 1998. In seeking issuance of the writ of habeas corpus, the
appellant contends the judgment entered against him is void because
the second-degree murder statute is unconstitutionally vague violating
due process under the Fifth and Fourteenth Amendments to the United
States Constitution. The trial court dismissed the appellant's
petition finding that the allegations concerning the statute are not
cognizable in habeas corpus proceedings. The appellant appeals the
trial court's ruling.
URL:http://www.tba.org/tba_files/TCCA/herronil_opn.WP6
STATE OF TENNESSEE
VS.
STEVE EDWARD HOUSTON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Hershell D. Koger John Knox Walkup
131 North First Street Attorney General & Reporter
P. O. Box 1148 425 Fifth Avenue, North
Pulaski, TN 38478 Nashville, TN 37243-0493
Daryl J. Brand
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 37243-0493
T. Michael Bottoms
District Attorney General
P. O. Box 459
Lawrenceburg, TN 38464-0459
Stella L. Hargrove
Assistant District Attorney General
P. O. Box 459
Lawrenceburg, TN 38464-0459
Richard H. Dunavant
Assistant District Attorney General
P. O. Box 304
Pulaski, TN 38478-0304
Judge:LAFFERTY
First Paragraph:
The appellant, Steve E. Houston, referred herein as the defendant,
appeals as of right from convictions for two counts of casual exchange
of cocaine, a Class A misdemeanor, and two counts of sale of cocaine,
a Class C felony, by a Giles County jury. At the sentencing hearing,
the trial court imposed two 15-year sentences, as a career offender,
to be served consecutively for the felony offenses and 11 months and
29 days to be served concurrently for the misdemeanors. In addition,
the trial court ordered these two 15-year sentences to be served
consecutively to an outstanding 13-year sentence resulting from prior
convictions.
URL:http://www.tba.org/tba_files/TCCA/houstons_opn.WP6
STATE OF TENNESSEE
VS.
WILLIAM EDWARD HUNT
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
John Knox Walkup Clifford K. McGown, Jr.
Attorney General & Reporter Attorney at Law
113 North Court Square
Marvin E. Clements, Jr. P.O. Box 26
Assistant Attorney General Waverly, TN 37185
Criminal Justice Division
425 Fifth Avenue North George Morton Googe
Nashville, TN 37243-0493 District Public Defender
227 West Baltimore Street
James G. (Jerry) Woodall Jackson, TN 38301
District Attorney General
James W. Thompson
Assistant District Attorney General
225 Martin Luther King Drive
P.O. Box 2825
Jackson, TN 38302-2825
Judge:SUMMERS
First Paragraph:
On April 1, 1996, the appellant, William Edward Hunt, was indicted by
the Madison County Grand Jury for aggravated assault and possession of
drug paraphernalia. On January 7, 1997, Hunt pled guilty to
aggravated assault. He was sentenced as a standard, Range I offender
and received a six-year suspended sentence with intensive probation.
On January 2, 1998, Hunt was arrested on a warrant for violation of
his probation and held without bond until his revocation hearing on
March 10, 1998. At the revocation hearing, the trial court revoked
Hunt's intensive probation, sentenced him to time served, and placed
him on unsupervised probation. The state appeals, arguing that the
trial court's decision was arbitrary and an abuse of discretion.
URL:http://www.tba.org/tba_files/TCCA/huntwill_opn.WP6
MARVIN ANTHONY MATTHEWS
VS.
STATE OF TENNESSEE
Court:TCCA
Judge:SUMMERS
First Paragraph:
This matter is before the Court upon the state's motion to affirm the
judgment of the trial court by order rather than formal opinion. See
Rule 20, Rules of the Court of Criminal Appeals. This case represents
an appeal from the dismissal of the petitioner's petition for
post-conviction relief. The petitioner pled guilty to petit larceny
in 1975 and was sentenced to six months imprisonment. No appeal was
taken. On May 13, 1998, the petitioner filed a petition for
post-conviction attacking the validity of this conviction and
sentence. Finding that the petitioner's sentence has expired, the
trial court denied relief.
URL:http://www.tba.org/tba_files/TCCA/mathews2_ord.WP6
DWIGHT A. MAYTON
STATE OF TENNESSEE
WITH CONCURRING OPINION
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Donald M. Bulloch, Jr. JOHN KNOX WALKUP
P. O. Box 398 Attorney General & Reporter
301 North Spring St.
Murfreesboro, TN 37133-0398 DEBORAH A. TULLIS
Asst. Attorney General
Cordell Hull Bldg., 2nd Fl.
425 Fifth Ave., North
Nashville, TN 37243
William Whitesell
District Attorney General
David L. Puckett
Asst. District Attorney General
303 Rutherford County Judicial Bldg.
Murfreesboro, TN 37130
Judge:PEAY
First Paragraph:
The petitioner pled guilty to second-degree murder on May 27, 1977,
and was sentenced to twenty years incarceration. On May 24, 1979, the
petitioner filed a post-conviction petition alleging that his plea was
not entered voluntarily and that he was denied the effective
assistance of counsel. On June 13, 1979, the petitioner filed a
motion to withdraw his post-conviction petition; however, no order was
ever entered acting upon this motion. On July 17, 1995, the
petitioner filed a "motion for writ of error coram nobis" to vacate
the judgment. On February 11, 1997, the petitioner filed an amended
petition for post-conviction relief alleging that his plea was not
voluntary, understanding, and knowing and that he received ineffective
assistance of counsel. Following an evidentiary hearing on May 19,
1997, the post-conviction court denied his petition. It is from this
denial that the petitioner now appeals.
URL:http://www.tba.org/tba_files/TCCA/maytonda_opn.WP6
CONCURRING OPINION:
URL:http://www.tba.org/tba_files/TCCA/maytonda_con.WP6
STATE OF TENNESSEE
VS.
JOSEPH LEE MCDANIEL, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOSEPH LEE MCDANIEL, JR. JOHN KNOX WALKUP
Pro Se Attorney General and Reporter
Hardeman County Corr. Facility
P. O. Box 549 GEORGIA BLYTHE FELNER
Whiteville, TN 38075 Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
ROBERT RADFORD
District Attorney General
JERRY WALLACE
Assistant District Attorney
Decaturville, TN 38329
Judge:SMITH
First Paragraph:
The Appellant, Joseph Lee McDaniel, Jr., was convicted by a Decatur
County jury of one count of reckless endangerment, a Class E felony.
The trial court sentenced him as a Range I offender to two (2) years
incarceration. On appeal, Appellant challenges the sufficiency of the
convicting evidence and argues that his sentence is excessive. After
a review of the record before this Court, we find no error and affirm
the trial court's judgment.
URL:http://www.tba.org/tba_files/TCCA/mcdanjos_opn.WP6
WILLIAM EARL MURPHY
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Marcus M. Reaves John Knox Walkup
313 East Lafayette Attorney General & Reporter
Jackson, TN 38301 425 Fifth Avenue, North
Nashville, TN 37243-0493
Clinton J. Morgan
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 37234-0493
James G. Woodall
District Attorney General
225 Martin Luther King Drive
Jackson, TN 38302
Alfred L. Earls
Assistant District Attorney General
225 Martin Luther King Drive
Jackson, TN 38302
Judge:LAFFERTY
First Paragraph:
The appellant, William Earl Murphy, referred herein as the petitioner,
appeals as of right from an order of the Madison County Circuit Court
dismissing his pro se petition for post-conviction relief without an
evidentiary hearing. The trial court dismissed the petition for
failure to state a claim for which relief could be granted in that the
petition did not allege facts showing the petitioner had been
subjected to double jeopardy. After an appropriate review of the
entire record, briefs of all parties, and the appropriate law, the
trial court's judgment is affirmed.
URL:http://www.tba.org/tba_files/TCCA/murphywe_opn.WP6
STATE OF TENNESSEE
VS.
KENNETH WAYNE NESBITT
Court:TCCA
Attorneys:
FOR THE APPELLANT:
STEVEN L. WEST
5 Broadway
P.O. Box 400
McKenzie, TN 38201
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
ELEANOR CAHILL
Assistant District Attorney General
P.O. Box 686
Huntingdon, TN 38344
Judge:RILEY
First Paragraph:
Defendant was found guilty by a Carroll County jury of two counts of
selling cocaine under 0.5 grams, Class C felonies. The trial court
sentenced defendant to Range II sentences of eight years on each count
and ordered them served concurrently. On appeal, the defendant
contends that: (1) the trial court erred in refusing to grant an
acquittal due to insufficient evidence; and (2) the state failed to
establish the requisite chain of custody in order to properly admit
the cocaine into evidence.
This Court finds no reversible error and affirms the trial court's
judgment.
URL:http://www.tba.org/tba_files/TCCA/nesbittk_opn.WP6
REIKO NOLEN
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
William K. Randolph John Knox Walkup
422 N. Church Street Attorney General and Reporter
P. O. Box 611
Dyersburg, TN 38025-0611 Marvin E. Clements, Jr.
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
C. Phillip Bivens
District Attorney General
P. O. Drawer E
Dyersburg, TN 38024
Judge:HAYES
First Paragraph:
The appellant, Reiko Nolen, appeals the Dyer County Circuit Court's
dismissal of his petition for post-conviction relief. The appellant
collaterally attacks his aggravated robbery conviction upon grounds of
ineffective assistance of counsel. Specifically, he contends that his
trial counsel was deficient for failing to discredit the State's proof
of "serious bodily injury," an essential element of the convicting
offense.
After review of the record, we affirm the trial court's denial of
post-conviction relief.
URL:http://www.tba.org/tba_files/TCCA/nolenr_opn.WP6
STATE OF TENNESSEE
VS.
DARREN LEE PARSONS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Jim L. Fields John Knox Walkup
Attorney at Law Attorney General & Reporter
111 E Wood Street
P.O. Box 248 Peter M. Coughlan
Paris, TN 38242 Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Robert "Gus" Radford
District Attorney General
111 Church Street, P.O. Box 686
Huntingdon, TN 38344-0686
Steven L. Garrett
Assistant District Attorney General
P.O. Box 94
Paris, TN 38242
John C. Sorrels
Assistant District Attorney General
P.O. Box 503
Camden, TN 38320
Judge:SUMMERS
First Paragraph:
The appellant, Darren Lee Parsons, was convicted by a jury of
aggravated burglary and theft. He appeals, challenging the
sufficiency of the evidence and the propriety of an evidentiary ruling
excluding certain defense testimony. We find no error and affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/parsonsd_opn.WP6
MARTIN THOMAS TERRELL
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Martin Thomas Terrell, Pro Se John Knox Walkup
Lauderdale County Correctional Attorney General and Reporter
Complex, Site 1, P. O. Box 1000
Henning, TN 38041-1000 Clinton J. Morgan
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Judge:HAYES
First Paragraph:
The appellant, Martin Thomas Terrell, appeals the dismissal of his pro
se petition for post-conviction relief by the Tipton County Circuit
Court. The appellant was convicted by a jury of aggravated
kidnapping, burglary, and reckless endangerment with the resulting
sentences of fifteen years, ten years, and six years respectively for
each conviction. His conviction was affirmed on direct appeal to this
court challenging prosecutorial misconduct and the sufficiency of the
evidence only as it related to the offense of aggravated kidnapping.
See State v. Terrell, No. 02C01-9701-CC-00001(Tenn. Crim. App. at
Jackson, Aug. 15, 1997), perm. to appeal denied, (Tenn. Apr. 6, 1998).
The appellant filed three pro-se petitions, without appointment of
counsel, for post-conviction relief on May 4, June 1, and June 3,
1998, collaterally attacking each of his convictions in separate
petitions.
URL:http://www.tba.org/tba_files/TCCA/terrellm_opn.WP6
STATE OF TENNESSEE
VS.
KATHERINE IRENE WARREN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JULIE A. MARTIN JOHN KNOX WALKUP
P. O. Box 426 Attorney General and Reporter
Knoxville, TN 37901-0426
LISA A. NAYLOR
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
MIKE MCCOWN
District Attorney General
MICHAEL D. RANDLES
Assistant District Attorney
218 North Main Street
Shelbyville, TN 37160
Judge:SMITH
First Paragraph:
On January 31, 1997, a Bedford County jury convicted Appellant,
Katherine Irene Warren, of second degree murder in the killing of her
husband. Following a sentencing hearing, the trial court sentenced
Appellant to 20 years incarceration as a Range I standard offender.
Appellant appeals from her conviction and sentence, raising two
issues: 1) whether the evidence presented at trial was sufficient to
support the jury's verdict, and 2) whether the trial court correctly
sentenced Appellant.
After a review of the record, we affirm the judgment of the trial
court.
URL:http://www.tba.org/tba_files/TCCA/warrenka_opn.WP6
BURTON WELCH
VS.
STATE OF TENNESSEE
Court:TCCA
Judge:SUMMERS
First Paragraph:
This matter is before the Court upon motion of the state to affirm the
judgment of the trial court by order rather than formal opinion. See
Rule 20, Rules of the Court of Criminal Appeals. This case represents
an appeal from the trial court's denial of the petitioner's petition
for writ of habeas corpus. On December 17, 1996, the petitioner pled
guilty to four counts of sale of cocaine under 0.5 grams and received
a six year sentence. No appeal was taken. In his present petition,
the petitioner claims: 1) the chancellor lacked jurisdiction to
render judgment in this case; 2) his arrest was the result of an
unlawful entrapment; 3) he received ineffective assistance of counsel;
and 4) the convicting evidence was insufficient. The trial court
found that these allegations are not proper subject for habeas corpus
relief.
URL:http://www.tba.org/tba_files/TCCA/welch_ord.WP6
STATE OF TENNESSEE
VS.
MICKEY WHITE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Gary F. Antrican John Knox Walkup
District Public Defender Attorney General & Reporter
P. O. Box 700 425 Fifth Avenue, North
Somerville, TN 38068 Nashville, TN 37243-0493
Elizabeth T. Ryan
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 37243-0493
Elizabeth T. Rice
District Attorney General
302 Market Street
Somerville, TN 38068
Ed Neal McDaniel
Assistant District Attorney General
300 Industrial Park Drive
Selmer, TN 38375
Judge:LAFFERTY
First Paragraph:
The defendant, Mickey White, appeals as of right from a McNairy County
Circuit Court jury finding him guilty of burglary and theft of
property over $1,000. The trial court, as result of these jury
verdicts, imposed sentences of forty months for the offenses of
burglary and theft of property over $1,000, to run concurrently to
each other. Also, the trial court held these two sentences were to be
served consecutively to prior sentences for which the defendant was
still obligated. The sole issue presented for review is whether the
evidence is sufficient to sustain the defendant's convictions for
burglary and theft of property over $1,000. After a careful review of
the trial record, briefs of all parties, and the appropriate law, we
reverse the convictions and dismiss the charges.
URL:http://www.tba.org/tba_files/TCCA/whitem_opn.WP6
TAVARUS U. WILLIAMS
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
C. Anne Tipton John Knox Walkup
Attorney at Law Attorney General & Reporter
140 North Third Street
Memphis, TN 38103 Peter M. Coughlan
Assistant Attorney General
Cordell Hull Bldg., 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
Daniel S. Byer
Assistant District Attorney General
201 Poplar Avenue
Third Floor
Memphis, TN 38103
Judge:SUMMERS
First Paragraph:
In September 1991, fifteen-year-old Tavarus Williams, the appellant,
shot and killed Raymond Brooks outside of J.T.'s Lounge in Memphis,
Tennessee. He was tried as an adult and convicted by a jury of first
degree premeditated murder in the Shelby County Criminal Court. The
court sentenced the appellant to life imprisonment with the
possibility of parole. The Court of Criminal Appeals affirmed the
judgment of the trial court. State v. Tavarus U. Williams, C.C.A. No.
02C01-9307-CR-00137 (Tenn. Crim. App., filed at Jackson June 29,
1994). The appellant's application for permission to appeal was
denied.
URL:http://www.tba.org/tba_files/TCCA/williamt_opn.WP6
STATE OF TENNESSEE
VS.
CHARLES LEROY WOODS
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
William L. Brown John Knox Walkup
706 Walnut Street Attorney General and Reporter
Suite 902
Knoxville, TN 37902 Michael J. Fahey, II
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
Zane Scarlett
Asst. District Attorney General
City-County Building
Knoxville, TN 37902
Judge:HAYES
First Paragraph:
The appellant, Charles Leroy Woods, appeals from the Knox County
Criminal Court jury verdict finding him guilty of the misdemeanor
offenses of resisting arrest, disorderly conduct, and public
intoxication. The trial court imposed a sentence of six (6) months
with ninety (90) days to be served for resisting arrest and thirty
(30) days each for both disorderly conduct and public intoxication.
The sentences were to be served concurrently. In his appeal as of
right, the appellant challenges the sufficiency of the evidence
related to each conviction. Second, he contends the trial court
abused its discretion denying his request for full probation ordering
him to serve ninety (90) days in the Knox County Jail.
URL:http://www.tba.org/tba_files/TCCA/woodscl_opn.WP6
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