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TBALink Opinion-Flash
December 10, 1998 -- Volume 4 -- Number 177
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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- 00-New Opinion(s) from the Tennessee Supreme Court
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- 09-New Opinion(s) from the Tennessee Court of Appeals
- 30-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
COUNTY OF BENTON VS. H & W ENVIRONMENTAL SERVICES, and WASTE MANAGEMENT, INC. OF TENNESSEE Court:TCA Attorneys: FRANK M. FLY Murfreesboro, Tennessee Attorney for Appellant EDWIN E. WALLIS, JR. MOSS, BENTON & WALLIS, PLLC Jackson, Tennessee Attorney for Appellee H & W Environmental Services, Inc. JOHN E. QUINN MANIER & HEROD Nashville, Tennessee Attorney for Appellee Waste Management, Inc. Judge:HIGHERS First Paragraph: Benton County appeals the trial court's order granting summary judgment to H & W Environmental Services, Inc. (H&W) and Waste Management, Inc. of Tennessee (Waste Management) and denying summary judgment to Benton County. For the reasons stated hereafter, we affirm the trial court's grant of summary judgment. URL:http://www.tba.org/tba_files/TCA/bentonco_opn.WP6
CHASE CAVETT SERVICES, INC.
VS.
BRANDON APPAREL GROUP, INC
Court:TCA
Attorneys:
Donald E. Bourland,
Kenneth P. Jones,
BOURLAND, HEFLIN, ALVAREZ & MINOR, PLC, Memphis, Tennessee
Attorneys for Plaintiff/Appellant.
Leo Bearman, Jr.,
BAKER, DONELSON, BEARMAN & CALDWELL, P.C., Memphis, Tennessee
Attorney for Defendant/Appellee.
Judge:FARMER
First Paragraph:
Plaintiff Chase Cavett Services, Inc. (Chase) appeals an order of the
chancery court granting a motion to dismiss for lack of personal
jurisdiction filed by Defendant Brandon Apparel Group, Inc. (Brandon).
Because we find that the chancery court may exercise personal
jurisdiction over Brandon, we reverse the ruling of the chancellor.
URL:http://www.tba.org/tba_files/TCA/chasecav_opn.WP6
DENNIS T. CROUSE
VS.
CHARLANE ALLEN CROUSE
Court:TCA
Attorneys:
Richard F. Vaughn of Memphis
For Appellant
Daniel Loyd Taylor, John N. Bean of Memphis
For Appellee
Judge:CRAWFORD
First Paragraph:
This dispute concerns an award of alimony and attorney's fees.
Appellant, Dennis T. Crouse (Husband), appeals from the trial court's
order granting alimony in futuro and attorney's fees to Appellee,
Charlane Allen Crouse (Wife).
URL:http://www.tba.org/tba_files/TCA/crousede_opn.WP6
JAMES HANCOCK and wife, BRITT HANCOCK
VS.
U-HAUL COMPANY OF TENNESSEE d/b/a U-HAUL STORAGE FACILITY
Court:TCA
Attorneys:
MART G. FENDLEY
107 North Third Street
P. O. Box 925
Clarksville, TN 37041-0925
Attorney for Plaintiffs/Appellants
MICHAEL G. MCLAREN
STEPHEN C. BARTON
2900 One Commerce Square
40 S. Main Street
Memphis, Tennessee 38013
Attorneys for Defendant/Appellee
Judge:CANTRELL
First Paragraph:
The plaintiffs brought suit for the loss of their furniture and other
property, which was stolen from the defendant's self-storage facility.
The defendant contended that the contract between the parties
relieved it of any liability for the plaintiffs' loss. The trial
court granted summary judgment to the defendant. We affirm.
URL:http://www.tba.org/tba_files/TCA/Hancockj_opn.WP6
TODD HARMON
VS.
JANET HARMON
Court:TCA
Attorneys:
LAURA A. KEETON
LAW OFFICES OF ROBERT T. KEETON, JR.
Huntingdon, Tennessee
Attorney for Appellant
KEVIN McALPIN
JAMES H. BRADBERRY & ASSOCIATES
Dresden, Tennessee
Attorney for Appellee
Judge:HIGHERS
First Paragraph:
Megan Harmon ("Megan" or "Appellant"), minor child born during the
marriage of Plaintiff/Appellee, Todd Harmon ("Mr. Harmon" or
"Appellee") and Defendant Janet Harmon ("Mrs. Harmon"), by and through
her Guardian Ad Litem (G.A.L.), appeals the decision of the trial
court which found that Appellee was not the biological father of
Appellant, and incorporated into the decree of divorce the marital
dissolution agreement in which the parties agreed Appellee would have
no further obligation to the child.
URL:http://www.tba.org/tba_files/TCA/harmonto_opn.WP6
PATSY LOREAN JOHNSON
VS.
JAMES LARRY JOHNSON
Court:TCA
Attorneys:
For the Plaintiff/Appellee: For the Defendant/Appellant:
Charlie R. Ashford Lawrence W. White
Memphis, Tennessee Memphis, Tennessee
Judge:LILLARD
First Paragraph:
This is a divorce case. In the original divorce, years ago, the wife
was awarded shares of stock from the husband's pension fund.
Subsequently, the pension fund was distributed to the husband, with no
monies going to the wife. In this action, the trial court awarded the
wife a judgment for the value of the stock at the time of the trial
court's order. The husband appeals. We affirm.
URL:http://www.tba.org/tba_files/TCA/johnsopl_opn.WP6
STEVE MAKRIS
VS.
BOB KAPOS
Court:TCA
Attorneys:
JAMES A. JOHNSON, JR.
HANOVER, WALSH, JALENAK & BLAIR, PLLC
Memphis, Tennessee
Attorney for Appellant
LEO BEARMAN, JR.
BAKER, DONELSON, BEARMAN & CALDWELL, P.C.
Memphis, Tennessee
Attorney for Appellee
Judge:HIGHERS
First Paragraph:
Steve Makris appeals the trial court's denial of his claim for accrued
and unpaid salaries in this partnership accounting and dissolution
case. For the reasons stated hereafter, we reverse the trial court's
judgment.
URL:http://www.tba.org/tba_files/TCA/makriss_opn.WP6
STATE OF TENNESSEE
VS.
LORENZO PFEIFER
Court:TCA
Attorneys:
John Knox Walkup, Attorney General and Reporter
Elizabeth T. Ryan, Assistant Attorney General
For Appellee
Clifford K. McGown of Waverly
Joseph P. Atnip, District Public Defender of Dresden
For Appellant
Judge:CRAWFORD
First Paragraph:
This appeal involves a juvenile delinquency proceeding. Appellant,
Lorenzo Carlos Pfeifer, appeals from the order of the Circuit Court in
Obion County which found him a delinquent child because he was guilty
of the offense of aggravated burglary and theft of property over
$1,000.00. Appellant was committed to the Tennessee Department of
Children's Services for an indeterminate term. The only issue
presented for review is whether the evidence is sufficient to prove
beyond a reasonable doubt that Pfeifer committed the offense of
aggravated burglary and theft of property over $1,000.00.
URL:http://www.tba.org/tba_files/TCA/pfeiferl_opn.WP6
JERI ST. JOHN d/b/a JERI'S
VS.
BEER PERMIT BOARD, a division of Henry County, Tennessee
Court:TCA
Attorneys:
A. RUSSELL LARSON
Jackson, Tennessee
Attorney for Appellant
LEE M. GREER, III
GREER & GREER, ATTORNEYS
Paris, Tennessee
Attorney for Appellee
Judge:HIGHERS
First Paragraph:
Plaintiff, Jeri St. John ("St. John" or "Appellant") appeals the trial
court's judgment in favor of Defendant, Beer Permit Board ("Beer
Board" or "Appellee") denying St. John a beer permit for her business
"Jeri's" n/k/a "The Foxy Lady."
URL:http://www.tba.org/tba_files/TCA/stjohnj_opn.WP6
STATE OF TENNESSEE
VS.
STEPHEN JOHN ABBOTT
WITH CONCURRING AND DISSENTING OPINIONS
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Hershell D. Koger John Knox Walkup
135 N. First Street Attorney General and Reporter
P.O. Box 1148 450 James Robertson Parkway
Pulaski, TN 38478 Nashville, TN 37243-0493
Larry L. Roberts Karen M. Yacuzzo
627 Second Avenue South Assistant Attorney General
Nashville, TN 37210 Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Mike Bottoms
District Attorney General
P.O. Box 459
Lawrenceburg, TN 38464
Judge:WADE
First Paragraph:
The defendant, Stephen John Abbott, was indicted in Giles County for
two counts of first degree murder and two counts of attempted first
degree murder. After a change of venue to Maury County, he was
convicted of second degree murder for the deaths of Carolyn Foster and
Diane Collins (counts 1 and 2), the attempted second degree murder of
Carol Yancy (count 3), and the attempted first degree murder of Ron
Shirey (count 4). The trial court imposed sentence as follows:
count 1 second degree murder twenty years
count 2 second degree murder twenty years
count 3 attempted second degree murder ten years
count 4 attempted first degree murder twenty years
URL:http://www.tba.org/tba_files/TCCA/abbottsj_opn.WP6
CONCURRING:
URL:http://www.tba.org/tba_files/TCCA/abbottsj_con.WP6
DISSENTING:
URL:http://www.tba.org/tba_files/TCCA/abbott_dis.WP6
STATE OF TENNESSEE
VS.
TONY RANDALL ARNOLD
ORDER
Court:TCCA
Judge:RILEY
First Paragraph:
The defendant, Tony Randall Arnold, appeals as of right his conviction
by a Benton County jury of simple assault, a Class B misdemeanor. See
Tenn. Code Ann. S 39-13-101(a)(3). The trial court sentenced the
defendant to six (6) months in jail to be served at 75%. The sole
issue for appeal is whether the trial court properly sentenced the
defendant.
URL:http://www.tba.org/tba_files/TCCA/arnoldtr_opn.WP6
STATE OF TENNESSEE
VS.
DERRICK C. BROOKS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
BRETT B. STEIN JOHN KNOX WALKUP
236 Adams Avenue Attorney General and Reporter
Memphis, TN 38103
MARVIN E. CLEMENTS, JR.
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
WILLIAM GIBBONS
District Attorney General
EDGAR A. PETERSON, IV
Assistant District Attorney General
Criminal Justice Complex, Suite 301
201 Poplar Street
Memphis, TN 38103
Judge:WELLES
First Paragraph:
The Defendant appeals as of right from his conviction of first degree
murder. His conviction was entered upon a jury verdict finding him
guilty of murder committed during the perpetration of an aggravated
burglary. He was sentenced to imprisonment for life. We affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/brooksdc_opn.WP6
STATE OF TENNESSEE
VS.
MARY R. BRUNSON
Court:TCCA
Attorneys:
FOR THE APPELLANT:
JOHN E. DUNLAP
GERALD D. WAGGONER
1433 Poplar Avenue
Memphis, TN 38104-2934
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
MARVIN E. CLEMENTS, JR.
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
WILLIAM L. GIBBONS
District Attorney General
JERRY R. KITCHEN
Assistant District Attorney General
201 Poplar Ave, Suite 301
Memphis, TN 38103-1947
Judge:RILEY
First Paragraph:
The defendant, Mary R. Brunson, appeals the trial court's sentence
imposed after she pled guilty to solicitation to commit voluntary
manslaughter. Specifically, she contends the trial court erred in
failing to sentence her as an especially mitigated offender and
ordering six (6) months incarceration. After a careful review of the
facts of the case and applicable law, we AFFIRM the judgment of the
trial court.
URL:http://www.tba.org/tba_files/TCCA/brunsomr_opn.WP6
DARREL D. CANNON
VS.
JAMES BOWLEN, Warden, and STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DARREL D. CANNON, pro se JOHN KNOX WALKUP
STSRCF, Route 4, Box 600 Attorney General & Reporter
Pikeville, TN 37367
TODD R. KELLEY
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
Judge:WOODALL
First Paragraph:
The Petitioner, Darrel D. Cannon, appeals as of right the trial
court's dismissal of his petition for writ of habeas corpus. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/Cannondd_opn.WP6
MICHAEL ANGELO COLEMAN
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL J. PASSINO JOHN KNOX WALKUP
213 Fifth Avenue, North Attorney General and Reporter
Nashville, TN 37219
JOHN P. CAULEY
APRIL FERGUSON Assistant Attorney General
Assistant Federal Defender 425 Fifth Avenue, North
100 North Main Bldg. Nashville, TN. 37243
Suite 410
Memphis, TN 38103 WILLIAM L. GIBBONS
District Attorney General
JOHN W. CAMPBELL
District Attorney General
201 Poplar Street
Memphis, TN 38103
Judge:SMITH
First Paragraph:
The appellant, Michael Angelo Coleman, appeals the Shelby County
Criminal Court's order denying his second petition for post-conviction
relief. In 1980, Appellant received a death sentence after he was
convicted of first degree felony murder. On appeal, he claims that he
is entitled to a new sentencing hearing due to the jury's erroneous
reliance on the felony murder aggravating circumstance to support the
imposition of the death penalty. See State v. Middlebrooks, 840
S.W.2d 317 (Tenn. 1992). After a thorough review of the record, we
find no reversible error and affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/colemami_opn.WP6
STATE OF TENNESSEE
VS.
MICHAEL BRENT COOK
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DAVID A. DOYLE JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
ZOE LAAKSO CLINTON J. MORGAN
Assistant Public Defender Assistant Attorney General
117 East Main Street 2nd Floor, Cordell Hull Building
Gallatin, TN 37066 425 Fifth Avenue North
Nashville, TN 37243
LAWRENCE RAY WHITLEY
District Attorney General
SALLIE WADE BROWN
Assistant District Attorney General
18th Judicial District
113 West Main Street
Gallatin, TN 37066
Judge:WOODALL
First Paragraph:
The Defendant, Michael Brent Cook, appeals as of right from the
revocation of his probation by the Sumner County Criminal Court. He
contends that the trial court abused its discretion in revoking his
probation. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/cookmb_opn.WP6
MARTIN R. CRADDOCK
VS.
RICKY BELL, WARDEN
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Martin R. Craddock, Pro Se John Knox Walkup
#243707,R.M.S.I.,Unit 6-A-120 Attorney General of Tennessee
7475 Crockrill Bend Road and
Nashville, TN 37209-1010 Karen M. Yacuzzo
Assistant Attorney General of Tennessee
425 Fifth Avenue North
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
and
Lila Statom
Assistant District Attorney General
Washington Square
222 Second Avenue North
Nashville, TN 37201-1649
Judge:TIPTON
First Paragraph:
The petitioner, Martin R. Craddock, appeals as of right from the
Davidson County Criminal Court's denial of habeas corpus relief. He
is presently in the custody of the Department of Correction serving a
Range I sentence of ten years for his conviction of aggravated sexual
battery in 1995. He contends that he received ineffective assistance
of counsel and that the judgment entered against him is void because
the indictment for aggravated sexual battery fails to allege the mens
rea for the offense. We affirm the dismissal of the petition.
URL:http://www.tba.org/tba_files/TCCA/craddock_opn.WP6
STATE OF TENNESSEE
VS.
RECO R. DOUGLAS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
A C Wharton John Knox Walkup
Shelby County Public Defender Attorney General & Reporter
Tony N. Brayton Marvin E. Clements, Jr.
Assistant Public Defender Assistant Attorney General
201 Poplar Avenue, Suite 201 425 Fifth Avenue North
Memphis, TN 38103 Nashville, TN 37243
(on appeal)
William L. Gibbons
Trent R. Hall District Attorney General
Assistant Public Defender
201 Poplar St., Ste. 2-01 Edgar A. Peterson IV
Memphis, TN 38103 Assistant District Attorney General
(at trial) 201 Poplar Avenue, Suite 301
Memphis, TN 38103
Judge:SUMMERS
First Paragraph:
The defendant was charged with first-degree murder during the
perpetration of a robbery and convicted of that offense by a jury. He
was sentenced to life imprisonment. In this direct appeal the
defendant raises the following issues: 1. Whether the trial court
erred in its instruction to the jury on release eligibility dates;
2. Whether T.C.A. S 40-35-201(b)(2)(A)(I) (1997) is unconstitutional;
and
3. Whether the evidence is sufficient to support the verdict.
The state correctly concedes that this case must be reversed and
remanded for a new trial because the trial court committed reversible
error in its instruction to the jury on release eligibility dates.
URL:http://www.tba.org/tba_files/TCCA/douglasr_opn.WP6
STATE OF TENNESSEE
VS.
LLOYD E. FERRELL and DEBRA L. FERRELL
Court:TCCA
Attorneys:
FOR THE APPELLANT
LLOYD E. FERRELL:
VERN CHUMNEY(At Trial)
RFD 1, Box #374
Holladay, TN 38341
GUY T. WILKINSON (On Appeal)
District Public Defender
VICKI S. SNYDER (On Appeal)
Assistant District Public Defender
117 North Forrest Avenue
Camden, TN 38320
FOR THE APPELLANT
DEBRA L. FERRELL:
JAMES BROCKMAN (At Trial)
P. O. Box 25
Parsons, TN 38363
ROBERT C. BROOKS (On Appeal)
707 Adams Avenue
Memphis, TN 38105
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
MARVIN E. CLEMENTS, JR.
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
G. ROBERT RADFORD
District Attorney General
JOHN W. OVERTON
Assistant District Attorney General
P. O. Box 484
Savannah, TN 38372 - 0484
Judge:RILEY
First Paragraph:
The defendants, Lloyd E. Ferrell and Debra L. Ferrell, were convicted
by a Hardin County jury of the offense of felony murder. Both were
sentenced to life imprisonment. They present the following common
issues in this appeal: 1. whether the evidence was sufficient to
support the guilty verdict;
2. whether the trial court erred in admitting taped conversations
between Debra Ferrell and a third party;
3. whether the trial court erred in refusing to grant a severance
of the defendants;
4. whether the trial court erred in disallowing into evidence
certain taped conversations by each defendant;
5. whether the prosecuting attorney engaged in improper closing
argument; and
6. whether the trial court erred in dismissing a juror during
trial.
URL:http://www.tba.org/tba_files/TCCA/ferreled_opn.WP6
STATE OF TENNESSEE
VS.
ANGELA FOX
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Joseph S. Ozment John Knox Walkup
Attorney at Law Attorney General & Reporter
369 North Main Street
Memphis, TN 38103 Marvin E. Clements, Jr.
Assistant Attorney General
Mark Saripkin 425 Fifth Avenue North
Attorney at Law Nashville, TN 37243-0493
296 Washington Ave.
Memphis, TN 38103 William L. Gibbons
(at trial) District Attorney General
Paul Goodman
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103
Judge:SUMMERS
First Paragraph:
The defendant pled guilty to criminal attempt -- possession of a
controlled substance with intent to sell, a Class D felony. At her
guilty plea hearing the trial court denied her request for judicial
diversion. Instead, the court sentenced her as a standard Range I
offender to two years in the workhouse, all suspended except for six
weekends to be served at the Shelby County Correctional Center. In
this appeal, the defendant contends that the trial court erred in
denying judicial diversion. Upon our review of the record, we affirm
the trial court's judgment.
URL:http://www.tba.org/tba_files/TCCA/foxangel_opn.WP6
JAMES CHARLES HUNT
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL V. THOMPSON JOHN KNOX WALKUP
2505 Hillsboro Rd., Suite 201 Attorney General & Reporter
Nashville, TN 37212
PETER M. COUGHLAN
Asst. Attorney General
John Sevier Bldg.
425 Fifth Ave., North
Nashville, TN 37243-0493
CLAYBURN L. PEEPLES
District Attorney General
EDWARD L. HARDISTER
Asst. District Attorney General
110 College St., Suite 200
Trenton, TN 38382
Judge:PEAY
First Paragraph:
The petitioner was charged in the indictment with first-degree murder,
felony murder, especially aggravated robbery, and especially
aggravated burglary. On February 4, 1991, he pled guilty to
first-degree murder and especially aggravated robbery and received
life plus a concurrent twenty-five year sentence as a Range I standard
offender. On February 2, 1994, the petitioner filed his petition for
post-conviction relief. The petition was initially dismissed for
failure to prosecute, but upon motion, the petition was reinstated and
an amended petition was filed.
URL:http://www.tba.org/tba_files/TCCA/huntjc_opn.WP6
STATE OF TENNESSEE
VS.
JOE A. IVY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Paula Skahan John Knox Walkup
140 North Third Street Attorney General & Reporter
Memphis, TN 38103 425 Fifth Avenue, North
Nashville, TN 37243-0493
Douglas D. Himes
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103
Johnny McFarland
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103
Judge:LAFFERTY
First Paragraph:
The appellant, Joe A. Ivy, referred herein as the defendant, appeals
as of right from a judgment of the Shelby County Criminal Court as a
result of a jury finding him guilty of murder first degree. In
accordance with the jury's verdict, the trial court sentenced the
defendant to life imprisonment with the possibility of parole.
URL:http://www.tba.org/tba_files/TCCA/ivyja_opn.WP6
STATE OF TENNESSEE
VS.
JOHNNY GREGORY KNIGHT
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Jeff K. Walker John Knox Walkup
Julia A. Reinhart Attorney General & Reporter
Goodman & Walker 425 Fifth Avenue, North
124 South Court Square Nashville, TN 37243-0493
Springfield, TN 37172
Georgia B. Felner
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 37243-0493
John Wesley Carney, Jr.
District Attorney General
204 Franklin Street, Suite 300
Clarksville, TN 37040-3420
Dent Morriss
Assistant District Attorney General
204 Franklin Street, Suite 300
Clarksville, TN 37040-3420
Judge:LAFFERTY
First Paragraph:
The appellant, Johnny Gregory Knight, referred herein as the
defendant, appeals as of right from a judgment entered by the
Robertson County Circuit Court. On December 2, 1997, the defendant
pled guilty to the offense of driving under the influence of an
intoxicant. Pursuant to the plea agreement, the trial court sentenced
the defendant to eleven months and twenty-nine days, which the court
suspended except for forty-eight hours. The defendant was placed on
probation for eleven months and twenty-seven days and fined $350. As a
condition of his plea, the defendant reserved the right to appeal, as
a certified question of law, the trial court's denial of the motion to
suppress his arrest for lack of probable cause by law enforcement
officers.
URL:http://www.tba.org/tba_files/TCCA/knightjg_opn.WP6
STATE OF TENNESSEE
VS.
DAVID McKENNON, NELSON ROBERTS,
RUSSELL WORKMAN, & KEN PENNINGTON
Court:TCCA
Attorneys:
FOR THE APPELLEES: FOR THE APPELLANT:
JERRY C. COLLEY JOHN KNOX WALKUP
Attorney For David McKennon Attorney General and Reporter
710 N. Main Street
Columbia, TN 38402-1476 KAREN M. YACUZZO
Assistant Attorney General
GARY HOWELL 425 Fifth Avenue North
Attorney for Nelson Roberts Nashville, TN 37243-0493
P.O. Box 442
Columbia, TN 38401 MIKE BOTTOMS
District Attorney General
WILLIAM BARNES P.O. Box 459
Attorney for Russell Workman Lawrenceburg, TN 38464
13-14 Public Square
Columbia, TN 38402
SHARA FLACY
Attorney for Ken Pennington
128 North Second Street
Pulaski, TN 38478
Judge:WELLES
First Paragraph:
The State of Tennessee, pursuant to Tennessee Rule of Appellate
Procedure 3(c), appeals as of right from the trial court's dismissal
of charges against Defendants David McKennon, Nelson Roberts, Russell
Workman, and Ken Pennington. The dismissals were based on grounds of
double jeopardy and collateral estoppel. We conclude that the trial
court erred in dismissing indictments against each Defendant for the
especially aggravated kidnapping of James Wayne Blade and against
Defendant McKennon for possession of methamphetamine. The trial court
properly dismissed indictments charging each Defendant with the
especially aggravated kidnapping of William Lovell and Robert Briglio.
URL:http://www.tba.org/tba_files/TCCA/mckennda_opn.WP6
STATE OF TENNESSEE
VS.
JUAN PEREZ
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Robert M. Cohen Charles W. Burson
303 High Street Attorney General of Tennessee
Maryville, TN 37804 and
Timothy F. Behan
Assistant Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
Michael L. Flynn
District Attorney General
and
Edward P. Bailey, Jr.
Assistant District Attorney General
363 High Street
Maryville, TN 37804
Judge:TIPTON
First Paragraph:
The defendant, Juan Perez, appeals as of right from his conviction
following a jury trial in the Blount County Circuit Court for second
degree murder, a Class A felony. As a Range I, standard offender, the
defendant was sentenced to twenty-two years in the custody of the
Department of Correction, and he was fined twenty-five thousand
dollars.
URL:http://www.tba.org/tba_files/TCCA/Perezj_opn.WP6
STATE OF TENNESSEE
VS.
MIKEL PRIMM
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Shipp R. Weems John Knox Walkup
District Public Defender Attorney General & Reporter
P. O. Box 160 425 Fifth Avenue, North
Charlotte, TN 37036-0160 Nashville, TN 37243-0493
Carey J. Thompson Karen M. Yacuzzo
Assistant Public Defender Assistant Attorney General
P. O. Box 160 425 Fifth Avenue, North
Charlotte, TN 37036-0160 Nashville, TN 37243-0493
Dan M. Alsobrooks
District Attorney General
P. O. Box 580
Charlotte, TN 37036-0580
Suzanne M. Lockert
Assistant District Attorney General
P. O. Box 580
Charlotte, TN 37036-0580
Judge:LAFFERTY
First Paragraph:
The appellant, Mikel Primm, herein referred as the defendant, appeals
as of right from a judgment of the Dickson County Circuit Court in
which a jury found the defendant guilty of possession of marijuana and
possession of drug paraphernalia. For the possession of marijuana, the
trial court sentenced the defendant to eleven months and twenty-nine
days and imposed a fine of $250. The trial court ordered the
defendant to serve six months in confinement and five months and
twenty-nine days on probation. As to the conviction for possession of
drug paraphernalia, the trial court sentenced the defendant to eleven
months and twenty-nine days which the court suspended and placed the
defendant on probation. The sentences were ordered to run
consecutively.
URL:http://www.tba.org/tba_files/TCCA/primmm_opn.WP6
BARRY WINFRED RITCHIE
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Barry Winfred Ritchie, Pro Se Charles W. Burson
STSRCF, Rte. 4, Box 600 Attorney General of Tennessee
Pikeville, TN 37367-9243 and
(AT TRIAL) Eugene J. Honea
Assistant Attorney General of Tennessee
450 James Robertson Parkway
Larry G. Roddy Nashville, TN 37243-0493
723 McCallie Avenue
Chattanooga, TN 37403-0016 James Michael Taylor
(ON APPEAL) District Attorney General
265 Third Avenue, Suite 300
Dayton, TN 37321
Judge:TIPTON
First Paragraph:
The petitioner, Barry Winfred Ritchie, appeals as of right from the
denial of his petition for habeas corpus relief by the Bledsoe County
Circuit Court without a hearing. The petitioner is presently in the
custody of the Department of Correction serving an effective sentence
of life imprisonment for his 1981 convictions for aggravated rape and
armed robbery.
URL:http://www.tba.org/tba_files/TCCA/Ritchieb_opn.WP6
STATE OF TENNESSEE
VS.
ALVIN ROBINSON, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT:
A. C. WHARTON
Shelby County Public Defender
W. MARK WARD
BETTY THOMAS
Assistant Public Defenders
201 Poplar Avenue, Ste. 201
Memphis, TN 38103-1947
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
WILLIAM DAVID BRIDGERS
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
WILLIAM L. GIBBONS
District Attorney General
JERRY R. KITCHEN
Assistant District Attorney General
201 Poplar Avenue, Ste. 301
Memphis, TN 38103-1947
Judge:RILEY
First Paragraph:
This premeditated first degree murder case is again before this Court
for reconsideration following remand from the Supreme Court of
Tennessee in light of State v. Willie Williams, ___ S.W.2d ___ (Tenn.
1998). The sole issue upon remand is whether the failure of the trial
court to charge the lesser offense of criminally negligent homicide
was harmless error. We conclude that Williams is dispositive and find
harmless error. Therefore, we affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/robinsna_opn.WP6
STATE OF TENNESSEE
VS.
TYRONE SAIN
WITH DISSENTING OPINION
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
STEVEN E. FARESE JOHN KNOX WALKUP
P.O. Box 98 Attorney General & Reporter
Ashland, MS 38603
PETER M. COUGHLAN
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
ELIZABETH T. RICE
District Attorney General
JERRY W. NORWOOD
Assistant District Attorney General
25th Judicial District
Hardeman County Courthouse
Bolivar, TN 38008-2359
Judge:WOODALL
First Paragraph:
The Defendant, Tyrone Sain, was convicted in the Circuit Court of
Hardeman County of the offense of evading arrest, in violation of
Tennessee Code Annotated section 39-16-603. He appealed as of right
and presents two (2) issues for review: (1) The count of the
indictment charging the offense of evading arrest is void because it
alleged a mens rea of "knowingly" when the statute requires a mens rea
of "intentionally;" and (2) If the indictment is void and therefore
must be dismissed, future prosecution of Defendant for this particular
offense is barred by the applicable statute of limitations. After
careful review of this record, and the arguments of the State and
Defendant, we affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/saint_opn.WP6
DISSENTING OPINION:
URL:http://www.tba.org/tba_files/TCCA/sainty_dis.WP6
ROBERT SENICK
VS.
STATE OF TENNESSE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
HARVEY DOUGLAS THOMAS JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
3367 Phillips Cemetery Rd.
Algood, TN 38506 DARYL J. BRAND
Senior Counsel for the State
425 Fifth Ave. N., 2d Floor
Nashville, TN 37243-0493
WILLIAM EDWARD GIBSON
District Attorney General
ANTHONY J. CRAIGHEAD
Asst. District Attorney General
145 S. Jefferson St.
Cookeville, TN 38501
Judge:WITT
First Paragraph:
The petitioner, Robert Senick, appeals the DeKalb County Criminal
Court's denial of his petition for post-conviction relief. Senick is
currently serving an effective seven year sentence in the Department
of Correction for the crimes of possession with intent to deliver or
sell over ten pounds of marijuana and conspiracy to possess with
intent to deliver or sell over ten pounds of marijuana.
URL:http://www.tba.org/tba_files/TCCA/senickr_opn.WP6
STATE OF TENNESSEE
VS.
KEVIN TAYLOR
Court:TCCA
Attorneys:
FOR THE APPELLANT:
WILLIAM P. GRIFFIN, IV
306 Gay St., Ste. 301
Nashville, TN 37201
(Trial and Appeal)
NILES S. NIMMO
306 Gay St., Ste. 200
Nashville, TN 37201-1164
(Trial)
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
DARYL J. BRAND
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
VICTOR S. JOHNSON, III
District Attorney General
KYMBERLY HAAS
Assistant District Attorney General
Washington Square, Ste. 500
222- 2nd Avenue N.
Nashville, TN 37201-1649
Judge:RILEY
First Paragraph:
Defendant, Kevin Taylor, was convicted by a Davidson County jury of
felony murder and attempted especially aggravated robbery. He was
sentenced to life imprisonment and 10 years, respectively, to run
concurrently.
URL:http://www.tba.org/tba_files/TCCA/taylork_opn.WP6
STATE OF TENNESSEE
VS.
JAMES NORMAN USERY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Garry Brown John Knox Walkup
Attorney at Law Attorney General & Reporter
Crocker Law Firm
P.O. Box 505 Peter M. Coughlan
Milan, TN 38358 Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Thomas A. Thomas
District Attorney General
Allen Strawbridge
Assistant District Attorney General
P.O. Box 218
Union City, TN 38261
Judge:SUMMERS
First Paragraph:
This is an appeal based upon a certified question of law pursuant to
Tennessee Rule of Criminal Procedure 37(b)(2)(iv). Relying on
information supplied by an unnamed informant, Lieutenant Joey Radford
of the Greenfield Police Department swore out an affidavit in support
of a warrant to search the home of the appellant, James Norman Usery.
A warrant was issued; and the ensuing search yielded a small quantity
of methamphetamine, marijuana, and drug paraphernalia. The appellant
filed a motion to suppress this evidence, challenging the validity of
both the affidavit and the warrant. Following a hearing, the trial
court overruled the motion. The appellant entered a plea of guilty to
possession of a schedule II controlled substance with intent to sell,
reserving the right to appeal his challenge to the legality of the
search. All below agree that these issues are dispositive of this
case.
URL:http://www.tba.org/tba_files/TCCA/useryjam_opn.WP6
STATE OF TENNESSEE
VS.
JAMES H. WALKER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
C. MICHAEL ROBBINS JOHN KNOX WALKUP
46 North Third St., Suite 719 Attorney General & Reporter
Memphis, TN 38103
(On Appeal) CLINTON J. MORGAN
Counsel for the State
GARY ANTRICAN 425 Fifth Ave. North
Public Defender Nashville, TN 37243-0493
RICKEY GRIGGS ELIZABETH RICE
Asst. District Public Defender District Attorney General
P.O. Box 700
Somerville, TN 38068 MARK DAVIDSON
(At Trial) and
TRACEY BREWER
Asst. District Attorney General
302 Market St.
Somerville, TN 38068
Judge:PEAY
First Paragraph:
On December 2, 1997, the defendant was found guilty, by a jury, of
forgery in an amount less than five-hundred dollars ($500). The
defendant was subsequently sentenced to four years in the Tennessee
Department of Correction as a Range II multiple offender. In this
appeal as of right, the defendant argues that the trial court erred in
overruling his motion for a new trial. The motion alleged that the
trial court erred by allowing certain exhibits into evidence and that
the evidence at trial was insufficient to establish his guilt beyond a
reasonable doubt.
URL:http://www.tba.org/tba_files/TCCA/walkerjh_opn.WP6
STATE OF TENNESSEE
VS.
TROY R. WALLS
Court:TCCA
Attorneys:
FOR THE APPELLANT:
GERALD L. MELTON
District Public Defender
JEFFREY S. BURTON
Assistant District Public Defender
201 West Main Street, Suite 101
Murfreesboro, TN 37130
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
DARYL J. BRAND
Senior Counsel
Criminal Justice Division
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
WILLIAM C. WHITESELL, JR.
District Attorney General
PAUL A. HOLCOMBE, III
Assistant District Attorney General
303 Rutherford Co. Judicial Bldg.
Murfreesboro, TN 37130
Judge:RILEY
First Paragraph:
A Rutherford County grand jury indicted defendant for aggravated rape,
two counts of aggravated sexual battery, and rape of a child for
incidents involving his young female cousin. A negotiated plea
agreement allowed defendant to plead to one count of rape, a Class B
felony, and one count of incest, a Class C felony. The agreed upon
sentences were eight years for rape and three years for incest to be
served consecutively as a Range I, standard offender. The sole issue
on appeal is the trial court's denial of alternative sentencing.
However, plain error dictates that the convictions be VACATED and the
case REMANDED for further proceedings. The defendant pled guilty to
incest which is neither a lesser included nor a lesser grade of child
rape; nor do the acts of the defendant constitute the crime of incest.
URL:http://www.tba.org/tba_files/TCCA/wallstr_opn.WP6
STATE OF TENNESSEE
VS.
NATHANIEL WALTON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Brett B. Stein John Knox Walkup
236 Adams Avenue Attorney General & Reporter
Memphis, TN 38103
Douglas D. Himes
Assistant Attorney General
425 Fifth Avenue North
2nd Floor, Cordell Hull Building
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
Rhea Clift
Assistant District Attorney General
201 Poplar Avenue
Third Floor
Memphis, TN 38103
Judge:WEDEMEYER
First Paragraph:
The defendant pled guilty to one count of theft over $1,000.00 and one
count of assault, agreeing to a two-year sentence for the theft and a
sixty-day sentence for the assault. The trial court held a sentencing
hearing to determine the manner of service for the sentences, and
denied an alternative sentence, ordering the defendant to serve two
years in confinement at the Shelby County Correctional Center. In
this appeal, the defendant argues that the trial court abused its
discretion in failing to impose an alternative sentence. Following
our review of the record, we affirm the trial court.
URL:http://www.tba.org/tba_files/TCCA/walton_app.WP6
WENDELL GENE WATTS
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Shara Ann Flacy John Knox Walkup
District Public Defender Attorney General of Tennessee
and and
William C. Bright Karen M. Yacuzzo
Assistant Public Defender Assistant Attorney General of Tennessee
128 North Second St. 425 Fifth Avenue North
P.O. Box 1208 Nashville, TN 37243-0493
Pulaski, TN 38478-1208
(AT TRIAL Michael T. Bottoms
District Attorney General
Shara Ann Flacy P.O. Box 459
District Public Defender Lawrenceburg, TN 38464
and and
Joseph L. Penrod Robert Sanders
128 North Second Street Assistant District Attorney General
P.O. Box 1208 Maury County Courthouse
Pulaski, TN 38478-1208 Columbia, TN 38401
(ON APPEAL)
Judge:TIPTON
First Paragraph:
The petitioner, Wendell Gene Watts, appeals the denial of
post-conviction relief by the Maury County Circuit Court. He is
presently in the custody of the Department of Correction serving a
ninety-nine-year sentence for his conviction for aggravated rape in
1982. The petitioner contends that the statute of limitations should
not bar his petition for post-conviction relief because: (1) he lacked
the resources with which to file it timely; (2) his interest in
presenting his grounds for relief outweighs the government's interest
in applying the statute of limitations; and (3) State v. Livingston,
907 S.W.2d 392 (Tenn. 1995), announced a new rule, and its application
is not barred by the three-year statute of limitations for
post-conviction relief.
URL:http://www.tba.org/tba_files/TCCA/wattswg_opn.WP6
STATE OF TENNESSEE
VS.
JASON M. WEISKOPF
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LESLIE I. BALLIN JOHN KNOX WALKUP
MARK A. MESLER Attorney General and Reporter
200 Jefferson Ave,Ste 1250
Memphis, TN 38103 ELIZABETH T. RYAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
WILLIAM L. GIBBONS
District Attorney General
THOMAS D. HENDERSON
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103
Judge:RILEY
First Paragraph:
This case is again before the Court after remand from the Supreme
Court of Tennessee in light of its opinion in State v. King, 973
S.W.2d 586 (Tenn. 1998). The issue upon remand is whether the trial
court erred by instructing the jury that it could "weigh and consider"
the meaning of a sentence of imprisonment in arriving at its verdict.
Finding the jury charge given in this case and the jury charge given
in King significantly different, we again declare a due process
violation. Therefore, we reverse and remand for a new trial.
URL:http://www.tba.org/tba_files/TCCA/weiskojm_rem.WP6
BARRY WELLS
VS.
RONNIE RICKARD
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT L. HUTTON JOHN KNOX WALKUP
One Commerce Sq., Ste.1700 Attorney General and Reporter
Memphis, TN 38103
ELLEN H. POLLACK
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
ELIZABETH T. RICE
District Attorney General
MARK E. DAVIDSON
Assistant District Attorney General
302 E. Market Street
Somerville, TN 38068
Judge:RILEY
First Paragraph:
This case is before this Court upon a remand from the Supreme Court of
Tennessee in light of its decision in City of White House v. Whitley,
___ S.W. 2d ___, No. 01S01-9711-CH-00259 (Tenn. October 12, 1998). We
must determine whether a judgment of conviction punishable by
incarceration which was imposed by a non-lawyer judge without
objection by the defendant is void if the judgment was entered prior
to the Supreme Court's opinion in White House. We conclude such a
conviction is not void; therefore, it may not be attacked by habeas
corpus. In this case, however, the petitioner was granted relief by
the trial court as to a probation revocation order by a non-lawyer
judge due to the absence of waiver of counsel. Thus, although we do
not void the original judgment of conviction, we affirm the trial
court's order of remand to the General Sessions Court for a new
revocation hearing.
URL:http://www.tba.org/tba_files/TCCA/wellsb_opn.WP6
STATE OF TENNESSEE
VS.
CAROLYN WHEELER
Court:TCCA
Attorneys:
FOR THE APPELLANT:
DALE M. QUILLEN
95 White Bridge Road
Suite 208
Nashville, TN 37205-1407
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
VICTOR S. JOHNSON, III
District Attorney General
STEVE R. DOZIER
Assistant District Attorney General
Washington Square Building
Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
Judge:RILEY
First Paragraph:
The defendant, Carolyn Wheeler, appeals the manner of service of her
agreed sentence as imposed by the Criminal Court of Davidson County.
The defendant pled guilty to theft over $10,000 and forgery over
$10,000. She agreed to concurrent three (3) year sentences with the
manner of service to be determined by the trial court. The trial
court ordered the defendant to serve one (1) year incarcerated with
the balance served on community corrections. On appeal, the defendant
contends: 1) the trial court erred in sentencing her to confinement;
and 2) the trial court erred in ordering a community corrections
sentence as she could subsequently be subjected to a sentence in
excess of her plea agreement.
After an examination of the record, we AFFIRM the judgment of the
trial court.
URL:http://www.tba.org/tba_files/TCCA/wheelerc_opn.WP6
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