-
TBALink Opinion-Flash
December 1, 1998 -- Volume 4 -- Number 173
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):
- 03-New Opinion(s) from the Tennessee Supreme Court
- 00-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
- 01-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
- 16-New Opinion(s) from the Tennessee Court of Appeals
- 06-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
- 03-New Opinion(s) from the Tennessee Supreme Court
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Lucian T. Pera
Editor-in-Chief, TBALink
LINDA GERRY VS. CHALLENGER ELECTRICAL Court:TSC Judge: PER CURIAM First Paragraph: This case is before the Court upon the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion setting forth its findings of fact and conclusions of law, which are incorporated herein by reference. URL:http://www.tba.org/tba_files/TSC/gerry_jo.WP6
ERMA LITTLE
VS.
ROYAL INSURANCE COMPANY
Court:TSC
Judge: PER CURIAM
First Paragraph:
This case is before the Court upon the entire record, including the
order of referral to the Special Workers' Compensation Appeals Panel,
and the Panel's Memorandum Opinion setting forth its findings of fact
and conclusions of law, which are incorporated herein by reference.
URL:http://www.tba.org/tba_files/TSC/littlee_jo.WP6
DONALD MAJOR
VS.
LINCOLN BRASS WORKS
Court:TSC
Judge:PER CURIAM
First Paragraph:
This case is before the Court upon motion for review pursuant to Tenn.
Code Ann. S 50-6-225(e)(5)(B), the entire record, including the order
of referral to the Special Workers' Compensation Appeals Panel, and
the Panel's Memorandum Opinion setting forth its findings of fact and
conclusions of law, which are incorporated herein by reference;
URL:http://www.tba.org/tba_files/TSC/majorp_ord.WP6
SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
Court:TSC - Rules
URL:http://www.tba.org/tba_files/TSC_Rules/statelst_23.WP6
CITY OF CHATTANOOGA
VS.
J. KENNETH AND ALIESE HUTSELL
Court:TCA
Attorneys:
DOUGLAS M. COX, City Attorney's Office, Chattanooga, for
Petitioner-Appellee.
CATHERINE M. WHITE, Chattanooga, for Respondents-Appellants.
Judge:FRANKS
First Paragraph:
In this condemnation action, the issue on appeal is whether the Trial
Judge abused his discretion in refusing the request of landowner's
attorney that the exhibits in evidence be supplied to the jury during
its deliberation.
URL:http://www.tba.org/tba_files/TCA/cityofch_opn.WP6
ELSIE JOHNSON
and
THOMAS A. NOKES
VS.
DONALD CRAYCRAFT
Court:TCA
Attorneys:
For Appellant For Appellee
CLINTON R. ANDERSON J. RANDALL SHELTON
Morristown, Tennessee Morristown, Tennessee
Judge:SUSANO
First Paragraph:
When this case was first before us, see Johnson v. Craycraft, 914
S.W.2d 506 (Tenn.App. 1995), we vacated, in part, the judgment of
Chancellor Dennis H. Inman. In so doing, we relied upon the
then-recently released opinion of the Supreme Court in the case of
Matlock v. Simpson, 902 S.W.2d 384 (Tenn. 1995), to justify our
holding that a confidential relationship existed, on and after
February 23, 1988, between the plaintiff, Elsie Johnson, on the one
hand, and the defendant, Donald Craycraft ("Craycraft") and his wife,
on the other. We remanded this case to the trial court with
instructions to determine whether there was clear and convincing
evidence of the fairness of the Johnson-Craycrafts transactions that
occurred on and after February 23, 1988, such as to rebut the
presumption of undue influence by the Craycrafts -- a presumption
arising out of the confidential relationship. In the meantime,
Chancellor Inman was appointed to the federal bench. He was replaced
by Chancellor Thomas R. Frierson, II, who considered this matter on
remand. Chancellor Frierson did not find the requisite clear and
convincing evidence to rebut the presumption. Based on Craycraft's
accounting of Ms. Johnson's funds transferred to his care, and other
relevant documents, the Chancellor awarded a judgment of $237,555.37
to the plaintiff Thomas A. Nokes, the only son of Ms. Johnson.
Craycraft appealed, contending, first, that the trial court erred in
revisiting a transaction that was affirmed in our earlier opinion;
and, second, that the evidence preponderates against the trial court's
determination that there was an absence of the clear and convincing
evidence necessary to rebut the presumption of undue influence.
URL:http://www.tba.org/tba_files/TCA/craycraf_opn.WP6
CREATIVE RESOURCE MANAGEMENT, INC.
VS.
BARRY SOSKIN, et al
Court:TCA
Attorneys:
WINSTON S. EVANS
PHILLIP BYRON JONES
Evans, Jones & Reynolds
1810 First Union Tower
150 Fourth Avenue, North
Nashville, Tennessee 37219
ATTORNEYS FOR PLAINTIFF/APPELLANT
THOR Y. URNESS
JULIE C. MURPHY
Boult, Cummings, Conners & Berry
414 Union Street, Suite 1600
P. O. Box 198062
Nashville, Tennessee 37219
ATTORNEYS FOR DEFENDANTS/APPELLEES
Judge:CAIN
First Paragraph:
Creative Resource Management, Inc. appeals a summary judgment granted
in the trial court to the individual defendant, Barry Soskin.
The defendant, Nashville Pro Hockey, LLC, was a Limited Liability
Company under the laws of Tennessee, with personal liability of
officers, members, and other agents limited by Tennessee Code
Annotated section 48-217-101.
URL:http://www.tba.org/tba_files/TCA/creative_opn.WP6
MONROE E. DAVIS
VS.
COMMISSIONER DONAL CAMPBELL, ET AL
Court:TCA
Attorneys:
MONROE E. DAVIS, #130909
Middle Tennessee Correctional Complex-Annex
7466 Centennial Boulevard
Nashville, Tennessee 37209
Pro Se/Petitioner/Appellant
JOHN KNOX WALKUP
Attorney General & Reporter
ABIGAIL TURNER
Assistant Attorney General
425 Fifth Avenue North
Nashville, Tennessee 37243-0488
Attorney for Respondents/Appellants
Judge:CANTRELL
First Paragraph:
An inmate who was disciplined for threatening a correctional officer
filed a Petition for Writ of Certiorari, claiming that he was denied
due process in the disciplinary proceedings. The trial court
dismissed the petition. We affirm.
URL:http://www.tba.org/tba_files/TCA/davisme_opn.WP6
DANNY DEAN LINDSEY and RUTH MICHELLE NOVISKI LINDSEY
VS.
MACK COULTER d/b/a COULTER REALTY AND AUCTION COMPANY
Court:TCA
Attorneys:
R.D. HASH, Maryville, for Appellants.
JOHN CARSON III, White, Carson & Alliman, Madisonville, for Appellee.
Judge:McMURRAY
First Paragraph:
This appeal involves an action by Danny Lindsey and Ruth Lindsey
against Mack Coulter, a licensed auctioneer, for alleged negligence in
advertising the sale of their residence and in selling it at auction.
Coulter filed a counter-claim against the Lindseys, alleging they
wrongfully refused to pay his commission for the sale. The trial
court granted Coulter's motion for summary judgment against Mr.
Lindsey, ordered Ms. Lindsey's pleadings stricken from the record, and
entered default judgment against her. We find from our review of the
record that genuine issues of material fact exist regarding the
Lindseys' claims, and Coulter's counter-claim, such that the judgments
in favor of Coulter must be vacated and the case remanded for trial.
URL:http://www.tba.org/tba_files/TCA/lindseyd_opn.WP6
MAPLES HOMEOWNERS ASSOCIATION, INC.
VS.
T & R NASHVILLE LIMITED PARTNERSHIP
Court:TCA
Attorneys:
For Plaintiff/Appellee: For Defendant/Appellant:
Keith C. Dennen Kenneth F. Scott
James C. Bradshaw Tune, Entrekin & White
Wyatt, Tarrant & Combs Nashville, Tennessee
Hendersonville, Tennessee
Judge:KOCH
First Paragraph:
This appeal involves a dispute concerning the interpretation of the
declarations of a planned unit development in Sumner County. After
the owner of a rental apartment complex in the planned unit
development recorded conflicting declarations, the development's
homeowners association filed suit in the Chancery Court for Sumner
County seeking declaratory and injunctive relief. On cross motions
for summary judgment, the trial court held that the development's
declarations required the owner of the rental apartment complex to
record declarations and that the rental apartment complex's
declarations were inconsistent with the development's declarations.
The owner of the rental apartment complex asserts on this appeal that
the trial court misinterpreted the development's declarations and that
it was not required to record declarations of its own. We agree and
hold that the owner of the rental apartment complex, not the
homeowners association, is entitled to a judgment as a matter of law.
Therefore, we reverse the summary judgment for the homeowners
association.
URL:http://www.tba.org/tba_files/TCA/maplesh_opn.WP6
EVA L. MILES
VS.
MARJORIE M. NELSON
Court:TCA
Attorneys:
WILLIAM A. ZIERER OF MORRISTOWN FOR APPELLANT
JAMES D. HUTCHINS OF DANDRIDGE FOR APPELLEE
Judge:GODDARD
First Paragraph:
In this case Plaintiff Eva L. Miles sues Defendant Marjorie M. Nelson
to have decreed to her a triangular strip of land which is not
encompassed in the deed to her and her husband. It is, however,
included in the deed to Mrs. Nelson and her husband. The Plaintiff
asserts that because she has adversely possessed the disputed area for
a period of almost 39 years, she is entitled to prevail.
URL:http://www.tba.org/tba_files/TCA/milese_opn.WP6
MALCOLM MILLS, JR. and MALCOLM MILLS, III
VS.
KEN HANCOCK, individually and d/b/a HANCOCK HOMES &
HANCOCK ENTERPRISES
Court:TCA
Attorneys:
ELLEN TAYLOR TURLEY
2620 Old Lebanon Pike
Nashville, Tennessee 37214
ATTORNEY FOR PLAINTIFFS/APPELLEES
JOEL H. MOSELEY
Moseley & Moseley
Suite 300, One Church Street
101 Church Street
Nashville, Tennessee 37201-1609
ATTORNEY FOR SURETY/APPELLANT
Judge:CAIN
First Paragraph:
This appeal involves the liability of a surety upon a bond given for
appeal to the Tennessee Court of Appeals from a judgment in the
Circuit Court of Davidson County. We must determine whether this
appeal bond covers the fees awarded to the appellees' attorney on the
basis of this court's determination that the appeal was wrongfully
prosecuted against the appellees. The trial court held that the
appeal bond did include the attorney fees and we affirm the court's
decision on appeal.
URL:http://www.tba.org/tba_files/TCA/millsm_opn.WP6
KAREN NEWPORT (FUGATE)
VS.
NATHAN NEWPORT
Court:TCA
Attorneys:
JACK W. PIPER, JR., O'CONNOR, PETTY, CHILD & BOSWELL, Knoxville, for Appellant.
PHILIP R. CRYE, JR., MAGILL, CRYE & CIZEK, Clinton, for Appellee.
Judge:FRANKS
First Paragraph:
In this child custody dispute, the Trial Judge ordered the custody of
the child changed from the mother to the father, and the mother has
appealed, insisting that the father did not carry his burden to
establish a change of circumstances to support a change of custody.
URL:http://www.tba.org/tba_files/TCA/newportk_opn.WP6
ASHLEY CHRISTINE OLEN and STEVEN MICHAEL OLEN,
BY: THERESA E. OLEN
VS.
ANGELA ARLENE OLEN ALTHERR
Court:TCA
Attorneys:
H. RANDOLPH FALLIN, Mountain City, for Appellant.
WILLIAM J. COCKETT, SMITH & COCKETT, Mountain City, for Appellee.
Judge:FRANKS
First Paragraph:
In this child custody action, the minor children's stepmother sought
custody after the death of her husband, who had been the custodial
parent. The natural mother counter-claimed for custody, and the Trial
Judge awarded custody to the natural mother. The stepmother has
appealed.
URL:http://www.tba.org/tba_files/TCA/olena_opn.WP6
BETTY PRATHER and CAROL PRATHER
VS.
KENNETH R. LYLE and HOLT FARMS
Court:TCA
Attorneys:
For Plaintiffs/Appellants: For Defendants/Appellees:
Thomas K. McAlexander Randolph A. Veazey
HILL BOREN, P.C. Warren M. Smith
Jackson, Tennessee Nashville, Tennessee
Judge:KOCH
First Paragraph:
This appeal involves the amount of a jury's damage award for personal
injuries arising out of a collision between an automobile and a dump
truck. The two injured parties filed suit in the Circuit Court for
Montgomery County, each seeking $75,000 in damages. After the driver
of the dump truck admitted negligence, the case was submitted to a
jury solely on the issue of damages. The jury awarded each injured
party $5,000, and the trial court approved the verdict. The injured
parties assert on this appeal that the damage award was too low and
was contrary to the weight of the evidence. We affirm the judgment in
accordance Tenn. Ct. App. R. 10(b).
URL:http://www.tba.org/tba_files/TCA/pratherb_opn.WP6
STATE FARM FIRE AND CASUALTY COMPANY
VS.
JOHN E. WHITE, LIZANNE WHITE, And JOHN AUSTIN WHITE, A Minor
Court:TCA
Attorneys:
Robert L. Moore, John H. Dotson; Thomason, Hendrix,
Harvey, Johnson & Mitchell of Memphis
For Appellee
R. Sadler Bailey, C. Philip M. Campbell; Law Offices
of Bailey & Clarke of Memphis
For Appellants
Judge:CRAWFORD
First Paragraph:
This case concerns a coverage dispute under a homeowners insurance
policy. Appellants, John E. White (Father), Lisanne White (Mother),
and John Austin White, a minor, (Austin), appeal from the trial
court's order granting summary judgment to Appellee, State Farm Fire
and Casualty Company (State Farm), motion for summary judgment and
denying their cross-motion for summary judgment.
URL:http://www.tba.org/tba_files/TCA/sfwhite_opn.WP6
BARRY ALAN SPRUCE
VS.
LORI JEAN SPRUCE
Court:TCA
Attorneys:
For Appellant For Appellee
J. TERRY HOLLAND PATRICK T. PHILLIPS
Holland Law Offices Knoxville, Tennessee
Knoxville, Tennessee
Judge:SUSANO
First Paragraph:
In this post-divorce proceeding, we are asked to review the judgment
of the trial court denying the Rule 60.02 motion of the original
defendant, Lori Jean McDowell, formerly Spruce ("Mother"). The
parties' final judgment of absolute divorce was entered on April 14,
1994. It recites, approves, and adopts the parties' agreement
pertaining to all matters then at issue between them, including child
support for their two minor children. On September 11, 1997, some 41
months after the final judgment was entered, Mother, who had been
awarded custody of the children in the divorce judgment, filed a
motion against her former husband, Barry Alan Spruce ("Father"),
predicated on subsections (4) and (5) of Rule 60.02, Tenn.R.Civ.P.,
seeking to be "relieve[d]," see Rule 60.02, of that portion of the
divorce judgment awarding child support of $100 per month. The trial
court denied the motion, finding no basis for Rule 60.02 relief.
Mother appealed, arguing that the original award of $100 per month for
two children is not in compliance with the Child Support Guidelines
("Guidelines") promulgated pursuant to T.C.A. S 36-5-101(e)(1); that
the trial court erred, at the time of the divorce, in deviating from
the Guidelines; and, finally, that the procedure at the time of the
divorce was irregular, and such as to justify the relief sought in
this case.
URL:http://www.tba.org/tba_files/TCA/spruceba_opn.WP6
HARTE R. THOMAS, JR.
VS.
SHAIR LABORATORIES, INC. and DAVID SELF
Court:TCA
Attorneys:
ALAN BRYANT CHAMBERS
CHAMBERS & DURHAM, P.C.
Memphis, Tennessee
Attorney for Appellants
JOHN D. HORNE
Memphis, Tennessee
Attorney for Appellee
Judge:HIGHERS
First Paragraph:
Shair Laboratories, Inc. and David Self appeal the trial court's
judgment awarding Harte Thomas damages, including treble damages and
attorney fees, pursuant to the Tennessee Consumer Protection Act. For
the reasons hereinafter stated, we reverse the trial court's judgment.
URL:http://www.tba.org/tba_files/TCA/thomash_opn.WP6
JOEL J. TROY, Individually and as next and
as next friend of Laureen Elizabeth
Troy and Joel James "Jake" Troy, III
VS.
CHARLES T. HERNDON, IV,
Administrator-ad-Litem of the Estate of
Clifton B. Graham, deceased, and the
Estate of Ward G. Wilson, deceased
Court:TCA
Attorneys:
JOHN T. MILBURN ROGERS and KENNETH N. BAILEY, JR., ROGERS, LAUGHLIN,
NUNNALLY, HOOD & CRUM, P.C., Greeneville, for Appellant.
ROBERT D. ARNOLD, ARNOLD, HAYNES & SANDERS, Johnson City, for
Appellee.
Judge:FRANKS
First Paragraph:
This is a Rule 9, T.R.A.P. Appeal, which arises from an automobile
accident that occurred on October 2, 1991. Plaintiff Joel J. Troy was
involved in a collision with a truck owned by defendant, Ward Wilson,
and driven by defendant Clifton Graham.
URL:http://www.tba.org/tba_files/TCA/troyj_opn.WP6
AMY TYLER
VS.
LARRY MORGAN, d/b/a LARRY
MORGAN CONST. COMPANY,
UNITED CITIES GAS CO., ROGER P.
DYE, d/b/a ROGER DYE CONST.
CO., MURRAY TATUM, QUAD
STATES, INC.
WITH DISSENT
Court:TCA
Attorneys:
WILLIAM B. BRADLEY
BARRY GARDNER
Brentwood, Tennessee
Attorneys for Appellant
DOUGLAS FISHER
HOWELL & FISHER, PLLC
Nashville, Tennessee
Attorney for Appellees Larry Morgan
d/b/a Larry Morgan Const. Co. And
United Cities Gas Co.
JAMES D. KAY, JR.
BRIDGETT A. WOHLPART
Nashville, Tennessee
Attorneys for Appellee Roger P. Dye
d/b/a Roger P. Dye Const. Co.
KENT E. KRAUSE
SHARON E. ENGLAND
BREWER, KRAUSE & BROOKS
Nashville, Tennessee
Attorneys for Appellees Murray Tatum
and Quad States, Inc.
Judge:HIGHERS
First Paragraph:
In this personal injury action, Plaintiff Amy Tyler appeals the trial
court's final order entering summary judgment in favor of the
Defendants/Appellees and dismissing Tyler's complaint. For the
reasons hereinafter stated, we affirm the trial court's judgment.
URL:http://www.tba.org/tba_files/TCA/tyleram_opn.WP6
DISSENT:
URL:http://www.tba.org/tba_files/TCA/tyleram_dis.WP6
EMMA JEAN BILBREY
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
STEVEN C. DOUGLAS JOHN KNOX WALKUP
P.O. Box 422 Attorney General and Reporter
Crossville, TN 38557
ELLEN H. POLLACK
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
BILL GIBSON
District Attorney General
DAVID PATTERSON
Assistant District Attorney General
145 S. Jefferson Avenue
Cookeville, TN 38501
Judge:WELLES
First Paragraph:
The Defendant, Emma Jean Bilbrey, appeals the trial court's denial of
post-conviction relief pursuant to Tennessee Rule of Appellate
Procedure 3(b). She asserts that her convictions for first degree
murder and theft of property less than $500 should be reversed because
she received ineffective assistance of counsel at trial in violation
of her Sixth Amendment right to counsel. We affirm the judgment of
the trial court.
URL:http://www.tba.org/tba_files/TCCA/bilbreej_opn.WP6
STATE OF TENNESSEE
VS.
KENNETH PAUL GODWIN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
SHAWN G. GRAHAM JOHN KNOX WALKUP
Assistant Public Defender Attorney General and Reporter
419 High Street
Maryville, TN 37804 ELLEN H. POLLACK
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
MIKE FLYNN
District Attorney General
EDWARD P. BAILEY, JR.
Assistant District Attorney
363 Court Street
Maryville, TN 37804
Judge:SMITH
First Paragraph:
On August 1, 1989 Appellant, Kenneth Paul Godwin, pleaded guilty in
the Blount County Circuit Court to robbery. As a Range I standard
offender he was sentenced to nine years probation to begin
immediately. In 1990, Appellant moved to Knox County and his
probation was transferred to the Knox County Office of the Tennessee
Department of Correction for purposes of supervision. In 1991,
Appellant was convicted, in Knox County of: one count of armed
robbery, two counts of aggravated kidnapping, one count of grand
larceny, and one count of larceny by trick. For these offenses in
Knox County, Appellant was placed into the Community Corrections
Program in Knox County. In 1992 supervision of the Appellant's
probation for the Blount County conviction was transferred from the
Tennessee Department of Correction to the Community Corrections
Program in Knox County. On November 4, 1996, following issuance of a
probation violation warrant, Appellant stipulated that he had in fact
violated his probation. On November 5, 1996, an order was entered in
the Blount County Circuit Court revoking appellant's probation.
Appellant was ordered to serve the balance of his Blount County
sentence.
URL:http://www.tba.org/tba_files/TCCA/godwinke_opn.WP6
STATE OF TENNESSEE
VS.
RAYMOND GRAY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
THOMAS E. KIMBALL JOHN KNOX WALKUP
110 Washington Ave, N.E. Attorney General and Reporter
Athens, TN 37303
ROBIN L. HARRIS
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
JERRY N. ESTES
District Attorney General
SANDRA DONAGHY
Assistant District Attorney
P. O. Box 647
Athens, TN 37303
Judge:SMITH
First Paragraph:
A McMinn County Criminal Court jury found Appellant Raymond Gray
guilty of aggravated sexual battery and rape of a child. Appellant was
sentenced as a Range one standard offender to ten years for the
aggravated sexual battery conviction and to eighteen years for the
rape conviction. In this appeal, Appellant presents the following
issues:
(1) whether the trial court erred in refusing to sever the two counts
of the indictment; (2) whether the evidence presented was sufficient
to support the verdict of the jury beyond a reasonable doubt; (3)
whether the trial court erred in prohibiting the defense from calling
witness Tommy Buckner; and (4) whether the sentence imposed is
excessive.
After a review of the record, we affirm the judgment of the trial
court.
URL:http://www.tba.org/tba_files/TCCA/grayraym_opn.WP6
STATE OF TENNESSEE
VS.
GERALD V. KESSLER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOE COSTNER JOHN KNOX WALKUP
315 High St. Attorney General & Reporter
Maryville, TN 37804
ELIZABETH B. MARNEY
Asst. Attorney General
425 Fifth Ave., North
2nd Floor, Cordell Hull Bldg.
Nashville, TN 37243-0493
MICHAEL L. FLYNN
District Attorney General
MS. KIRK ANDREWS
Asst. District Attorney General
Blount County Courthouse
363 Court St.
Maryville, TN 37804-5906
Judge:PEAY
First Paragraph:
On July 28, 1998, the defendant pled guilty to statutory rape and,
pursuant to a plea bargain agreement, received a sentence of one year
as a Range I standard offender. On September 12, 1997, the trial
court held a sentencing hearing and sentenced the defendant to serve
three months of his sentence in custody under a work release program
and nine months on probation. The defendant now appeals this
sentence.
After a review of the record and the applicable law, we affirm the
defendant's sentence.
URL:http://www.tba.org/tba_files/TCCA/kesslerg_opn.WP6
TERRY NICHOLS
VS.
HOWARD CARLTON, WARDEN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
TERRY NICHOLS JOHN KNOX WALKUP
Pro Se Attorney General and Reporter
N.E.C.C.
P.O. Box 5000 MICHAEL J. FAHEY, II
Mountain City, TN 37683 Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
DAVID CROCKETT
District Attorney General
Route 19, Box 99
Johnson City, TN 37601
Judge:WELLES
First Paragraph:
The Defendant, Terry Nichols, appeals the trial court's dismissal of
his petition for habeas corpus relief. Defendant filed his petition
with the Criminal Court for Johnson County on December 1, 1997, and he
filed an amended petition on January 1, 1998. The petition alleges
primarily ineffective assistance of counsel at his trial for
aggravated rape in 1980. The trial court dismissed his petition on
January 18, 1998 for failure to state a claim upon which relief can be
granted. We agree that the petition must be dismissed, and we
therefore affirm the decision of the trial court.
URL:http://www.tba.org/tba_files/TCCA/nicholte_opn.WP6
RAYMOND WRIGHT
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Robert N. Meeks John Knox Walkup
P.O. Box 8086 Attorney General of Tennessee
Chattanooga, TN 37414 and
Todd R. Kelley
Assistant Attorney General of Tennessee
425 Fifth Avenue North
Nashville, TN 37243-0493
William H. Cox, III
District Attorney General
and
C. Leland Davis
Assistant District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
Judge:TIPTON
First Paragraph:
The petitioner, Raymond Wright, appeals as of right from the judgment
of the Hamilton County Criminal Court denying him post-conviction
relief. He was convicted in January 1993 upon his guilty plea to
second degree murder, a Class A felony. Pursuant to his plea
agreement, he was sentenced as a Range III, standard offender to fifty
years confinement to be served in the Department of Correction. He
contends that he received the ineffective assistance of counsel
resulting in an unknowing and involuntary guilty plea. We disagree.
URL:http://www.tba.org/tba_files/TCCA/wrightr_opn.WP6
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