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TBALink Opinion-Flash
October 30, 1998 -- Volume #4 -- Number #157
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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- 02-New Opinion(s) from the Tennessee Court of Appeals
- 04-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
IN RE: ESTATE OF LERA D. BARNWELL, Deceased, PATRICIA SARGENT VS. RICHARD BARNWELL, Executor, Estate of Lera D. Barnwell, and RUBY D. MASHBURN Court:TCA Attorneys: Charles C. Morrow, Nashville, Tennessee Kirk C. Waite, Brentwood, Tennessee Attorneys for Plaintiff/Appellant. William L. Harbison, L. Webb Campbell, II, SHERRARD & ROE, PLC, Nashville, Tennessee Attorneys for Defendants/Appellees. Judge:FARMER First Paragraph: Patricia Sargent appeals the trial court's order which dismissed her second complaint contesting the Last Will and Testament of her mother, Lera D. Barnwell (Decedent). We affirm the trial court's order based on our conclusion that, having voluntarily dismissed an earlier complaint in which she contested the Decedent's will, Sargent is now barred from refiling this action to contest the Decedent's will. URL:http://www.tba.org/tba_files/TCA/barnwele_opn.WP6
THOMAS CALVIN MANEY
VS.
TENNESSEE BOARD OF PAROLES
Court:TCA
Attorneys:
THOMAS C. MANEY, #216056
Southeastern Tennessee State
Regional Correctional Facility
Route 4, Box 600
Pikeville, Tennessee 37367
Pro Se/Petitioner/Appellant
JOHN KNOX WALKUP
Attorney General & Reporter
JOHN R. MILES
Counsel for the State
Cordell Hull Building, Second Floor
425 5th Avenue North
Nashville, Tennessee 37243-0488
Attorney for Respondent/Appellee
Judge:CANTRELL
First Paragraph:
A prisoner at the Lake County Regional Correctional Facility filed a
Petition for Writ of Certiorari in the Circuit Court of Davidson
County, claiming that the Board of Paroles had acted illegally in
revoking his parole, and in refusing to reconsider the revocation.
The circuit court granted summary judgment to the Board of Paroles.
We affirm.
URL:http://www.tba.org/tba_files/TCA/maneytc_opn.WP6
MICHAEL E. BASS
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL E. BASS JOHN KNOX WALKUP
(Pro Se) Attorney General & Reporter
Turney Center Industrial Prison
Route 1 TIMOTHY F. BEHAN
Only, TN 37140-9709 Assistant Attorney General
Criminal Justice Division
425 Fifth Ave. North
2d Floor, Cordell Hull Bldg.
Nashville, TN 37243-0493
JOSEPH D. BAUGH, JR.
District Attorney General
P.O. Box 937
Franklin, TN 37065-1469
Judge:WITT
First Paragraph:
The petitioner, Michael E. Bass, appeals the trial court's denial of
his petition for a writ of habeas corpus. The trial court did not
appoint counsel and dismissed the petition without an evidentiary
hearing. In this appeal, the petitioner contends that although he was
convicted and sentenced in 1981, the provisions of the 1989 Sentencing
Reform Act apply and his sentence has expired. We affirm the judgment
of the trial court.
URL:http://www.tba.org/tba_files/TCCA/bassm_opn.WP6
STATE OF TENNESSEE
VS.
ALLAN BROOKS
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
John E. Herbison Charles W. Burson
2016 Eighth Avenue South Attorney General of Tennessee
Nashville, TN 37204 and
Charlotte H. Rappuhn
Assistant Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
and
Roger Moore
Rene Erb
Assistant District Attorneys General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1642
Judge:TIPTON
First Paragraph:
The defendant, Allan Brooks, appeals as of right following a jury
conviction in the Davidson County Criminal Court for first degree
murder. The trial court sentenced the defendant to life imprisonment
in the custody of the Department of Correction and ordered the
defendant to serve the life sentence consecutively to an earlier
sentence for a drug offense.
URL:http://www.tba.org/tba_files/TCCA/brooksa_opn.WP6
STATE OF TENNESSEE
VS.
RICHARD BRUCE HALFACRE and BLAKE EDWARD HALLUM
Court:TCCA
Attorneys:
For Appellant Halfacre: For Appellee:
Terry J. Canady John Knox Walkup
211 Printer's Alley Building Attorney General & Reporter
Suite 400
Nashville, TN 37201 Karen M. Yacuzzo
Assistant Attorney General
For Appellant Hallum: 423 Fifth Avenue North
Cordell Hull Building, 2nd Floor
Michael D. Noel Nashville, TN 37243-0493
2400 Crestmoor Road
Suite 318 Ron Miller
Nashville, TN 37215 Assistant District Attorney General
222 Second Avenue, North
Washington Square, Suite 500
Nashville, TN 37201-1649
Judge:WADE
First Paragraph:
The defendants, Blake Edward Hallum and Richard Bruce Halfacre, were
tried jointly and convicted of felony murder and especially aggravated
robbery. The trial court imposed life sentences for the murder and
seventeen-year sentences for the robbery on each defendant to be
served consecutively.
URL:http://www.tba.org/tba_files/TCCA/halfacre_opn.WP6
STATE OF TENNESSEE
VS.
ANTONIO SHELTON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Thomas Edward Nelson John Knox Walkup
211 Third Avenue, North Attorney General & Reporter
Nashville, TN 37201 425 Fifth Avenue, North
Nashville, TN 37243-0493
Lisa A. Naylor
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
James W. Milam
Assistant District Attorney General
222 Second Avenue, North, Suite 500
Nashville, TN 37201-1649
Judge:LAFFERTY
First Paragraph:
The defendant, Antonio Shelton, appeals as of right from his
conviction by a Davidson County jury for theft of property worth more
than $1,000, but less than $10,000, a Class D felony, and imposed a
fine of $1,000. The defendant was sentenced to two years as a Range I
offender and placed on community corrections.
URL:http://www.tba.org/tba_files/TCCA/sheltona_opn.WP6
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