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.
- 00-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
- 02-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
There are three ways to get the full opinion from the Web: (TBALink members only)
Lucian T. Pera
IN RE: PETITION OF THE TENNESSEE COMMISSION ON CONTINUING LEGAL EDUCATION AND SPECIALIZATION TO AMEND TENNESSEE SUPREME COURT RULE 21 Court:TSC - Rules URL:http://www.tba.org/tba_files/TSC_Rules/rule21_fin.WP6 GUY BEATY VS. BOBBY McGRAW and STEVE BROWN Court:TCA Attorneys: For Plaintiff/Appellee: For Defendants/Appellants: John D. Agee James P. Smith, Jr. Cooley, Cooley & Agee Crossville, Tennessee Kingston, Tennessee Patrick T. Phillips Knoxville, Tennessee Judge:KOCH First Paragraph: This appeal involves a dispute over the sale and repossession of a drilling rig. The seller filed suit against the purchasers in the Fentress County General Sessions Court seeking immediate possession of the rig and damages. Following the purchasers' de novo appeal, the Circuit Court for Fentress County awarded the seller possession of the rig but held that the purchasers could recover the rig by paying the seller the outstanding balance of the purchase price. On the purchasers' appeal, this court held that the seller was entitled to a judgment for the unpaid purchase price but that the seller had not been entitled to repossess the rig. Accordingly, this court remanded the case to determine the purchasers' damages for the seller's wrongful detention of the rig. The purchasers asserted on remand that the appropriate measure of their damages had already been determined in a similar Roane County proceeding between the same parties. The trial court disagreed and awarded the purchasers $26,021 for the seller's wrongful detention of the rig and $8,000 in attorney's fees under Tenn. Code Ann. S 29-30-110 (1980). All parties have appealed. The purchasers assert that the trial court should have used the same measure of damages used in the Roane County proceeding and that they should have been awarded exemplary damages under Tenn. Code Ann. S 29-30-210 (1980). The seller asserts that the evidence preponderates against the trial court's damage award and that the purchasers were not entitled to recover their attorney's fees. We have determined that the trial court correctly calculated the purchasers' damages but that the case must be remanded for further consideration of the award of attorney's fees to the purchasers. URL:http://www.tba.org/tba_files/TCA/Beatyg_opn.WP6 JAMES R. REYNOLDS VS. TENNESSEE BOARD OF PAROLES et al. Court:TCA Attorneys: For Plaintiff/Appellant: For Defendants/Appellees: James R. Reynolds John Knox Walkup Pro Se Attorney General and Reporter John R. Miles Counsel for the State Judge: KOCH First Paragraph: This appeal involves an inmate's challenge to the denial of his application for parole by the Tennessee Board of Paroles. After serving approximately ten years of a 35-year sentence for aggravated rape, the inmate filed a petition for a common-law writ of certiorari in the Chancery Court for Davidson County asserting that the Tennessee Board of Paroles was illegally and arbitrarily declining to honor his plea bargain agreement. The trial court dismissed the petition on the grounds that it failed to state a claim upon which relief could be granted and because it was not timely filed. The inmate has appealed pro se. We concur that the petition was not timely filed and affirm its dismissal in accordance with Tenn. Ct. App. R. 10(b). URL:http://www.tba.org/tba_files/TCA/Reynolds_opn.WP6 STATE OF TENNESSEE VS. JEREMY AMIS Court:TCCA Attorneys: FOR THE APPELLANT: SHIPP R. WEEMS District Public Defender ROBERT H. STOVALL, JR. (At Trial) Assistant District Public Defender P.O. Box 160 Charlotte, TN 37036-0160 GREGORY D. SMITH (On Appeal) 1 Public Square, Suite 321 Clarksville, TN 37040 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter CLINTON J. MORGAN Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 DAN MITCHUM ALSOBROOKS District Attorney General GEORGE SEXTON Assistant District Attorney General County Courthouse, 2nd Floor Court Square Waverly, TN 37185 Judge:RILEY First Paragraph: A Humphreys County jury found defendant guilty of aggravated sexual battery of a twelve-year-old girl, a Class B felony. He was sentenced as a violent 100% offender to twelve years in the Department of Correction. Defendant raises the following issues on appeal: (1) whether the trial court erred in admitting the testimony of two witnesses under the "excited utterance" exception to the hearsay rule; and (2) whether the sentence is excessive. This Court finds no reversible error and affirms the trial court's judgment. URL:http://www.tba.org/tba_files/TCCA/Amisj_opn.WP6 MARK A. HIGGINS VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: MARK HIGGINS, Pro Se #268562 B.M.C.X., P. O. Box 2000 Wartburg, TN 37887-2000 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter TIMOTHY BEHAN Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 JOSEPH D. BAUGH District Attorney General P. O. Box 937 Franklin, TN 37065-0937 Judge:RILEY First Paragraph: Petitioner, Mark A. Higgins, appeals the dismissal of his petition for post-conviction relief without a hearing by the Williamson County Circuit Court. Petitioner alleges his guilty plea to aggravated rape was unknowing and his sentence illegal since he was sentenced as a standard 30% Range I offender, whereas the statute classifies him as a violent 100% offender. We conclude, and the state concedes, that the petition states a colorable claim for relief; therefore, we reverse and remand for the appointment of counsel so that the petition for post-conviction relief may proceed on the merits. URL:http://www.tba.org/tba_files/TCCA/Higginsm_opn.WP6 JAMES ROBERT MAJORS, SR. VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: David A. Simpson, Attorney John Knox Walkup 113 West Main Street Attorney General and Reporter Gallatin, TN 37066 Timothy Behan Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243-0493 Sallie Wade Brown Assistant District Attorney General 113 East Main Street Gallatin, TN 37066 Judge:WADE First Paragraph: The petitioner, James Robert Majors, Sr., appeals the trial court's denial of his petition for post-conviction relief. In this appeal of right, the petitioner claims that his trial counsel was ineffective and that the judgment of conviction should be set aside. We find no error and affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/Majorsjr_opn.WP6 RICKY EARL MELVIN VS. STATE OF TENNESSEE Court:TCCA Attorneys: For The Appellant: Marian C. Fordyce (at trial) 129 Second Ave., North Nashville, TN 37201-1901 Judson W. Phillips (on appeal) 315 Deaderick St., Ste. 2395 Nashville, TN 37238 For The Appellee: John Knox Walkup Attorney General and Reporter Daryl J. Brand 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 Sq., Ste. 500 222-2nd Ave., North Nashville, TN 37201-1649 Judge:TIPTON First Paragraph: The petitioner, Ricky Earl Melvin, appeals the dismissal of his petition for post-conviction relief by the Davidson County Criminal Court. Having been convicted of seven counts of aggravated rape and serving an effective sentence of sixty-five years in the Department of Correction, the petitioner contends he received ineffective assistance of counsel. After a careful review of the record, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/Melvinre_opn.WP6 STATE OF TENNESSEE VS. SHANE SMITH Court:TCCA Attorneys: For Appellant: For Appellee: David Wolfe, Attorney John Knox Walkup 505 West College Street Attorney General and Reporter Dickson, TN 37055 Karen M. Yacuzzo Assistant Attorney General 425 Fifth Avenue North Second Floor, Cordell Hull Building Nashville, TN 37243-0493 Jake Lockert Assistant District Attorney General 105 Sycamore Street Ashland City, TN 37015 Judge:WADE First Paragraph: The defendant, Shane Smith, appeals the trial court's revocation of probation. The single issue presented for review is whether the trial court abused its discretion. We find no error and affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/Smithsha_opn.WP6 JOHN HERBERT TALLEY VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN HERBERT TALLEY JOHN KNOX WALKUP Pro Se Attorney General & Reporter U.S.P. Leavenworth P.O. Box 1000 TODD R. KELLEY Leavenworth, KS 66048 Assistant Attorney General 425 Fifth Ave. N., 2d Floor Nashville, TN 37243-0493 WILLIAM H. COX, III District Attorney General 600 Market St., Ste. 310 Chattanooga, TN 37402 Judge:WITT First Paragraph: The appellant, John Herbert Talley, appeals the Hamilton County Criminal Court's denial of his petition for post-conviction relief. Talley is presently serving a life sentence in federal prison for convictions he received in 1995. His federal sentence was enhanced based in part upon a state conviction he received in 1985. In 1997, Talley filed a post-conviction petition alleging his guilty plea was not knowing and voluntary and was the result of ineffective assistance of trial counsel. He specifically pleaded that the statute of limitations should not be applied to him under the authority of Burford v. State, 845 S.W.2d 204 (Tenn. 1995), and Sands v. State, 903 S.W.2d 297 (Tenn. 1995). The court below dismissed the petition, finding it was barred by the one-year statute of limitations. In this appeal, Talley alleges the trial court erred (1) in finding his petition barred by the statute of limitations and (2) by failing to make specific findings of fact in its order dismissing the petition. Following a review of the record and the briefs of the parties, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/talleyjh_opn.WP6
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