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.
- 01-New Opinion(s) from the Tennessee Supreme Court
- 00-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
- 00-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
- 02-New Opinion(s) from the Tennessee Court of Appeals
- 07-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
STEVE MADDOX VS. INSURANCE COMPANY OF PENNSYLVANIA AND SECOND INJURY FUND JUDGMENT ORDER 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. Whereupon, it appears to the Court that the Memorandum Opinion of the Panel should be accepted and approved; and ... URL:http://www.tba.org/tba_files/TSC/maddox_jo.WP6 CARLTON AGIB BLESSING, Deceased LAURA EMILY BLESSING WARD VS. JOHN O. BLESSING, ET UX, AND SARAH L. JONES Court:TCA Attorneys: THOMAS E. WATTS, JR. 201 4th Avenue North, Suite 1260 P. O. Box 198494 Nashville, Tennessee 37219 ATTORNEY FOR APPELLANT VESTER NEAL AGEE, SR. Agee & Agee 104 _ Public Square P. O. Box 649 Lebanon, Tennessee 37088-0649 ATTORNEY FOR APPELLEES Judge:CAIN First Paragraph: This case involves a family dispute over conservatorship for an elderly gentleman, now deceased. URL:http://www.tba.org/tba_files/TCA/Blessing_opn.WP6 ERIC KYLE DURHAM VS. MISTY DAWN DURHAM Court:TCA Attorneys: HANK HILL HANK HILL & ASSOCIATES, ATTORNEYS, P.C. 701 Cherry Street, Suite 200 Chattanooga, Tennessee 37402 Attorney for Plaintiff/Appellee PHILLIP A. NOBLETT NELSON, McMAHAN & NOBLETT 400 Pioneer Bank Building Chattanooga, Tennessee 37402 Attorney for Defendant/Appellant Judge:CANTRELL First Paragraph: The only issue raised in this appeal is whether the trial judge's award of custody to the father can stand without "appropriate findings of facts in accordance with Tenn. Code Ann. S 36-6-106." We affirm the lower court's order. URL:http://www.tba.org/tba_files/TCA/Durhamek_opn.WP6 STATE OF TENNESSEE VS. HOUSTON GRADY CHAPMAN O R D E R Court:TCCA Judge:SMITH First Paragraph: This matter is before the Court upon the state's motion requesting that the judgment in the above-styled cause be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. Upon reviewing the record, the appellant's brief, and the state's motion, we find that it is an appropriate matter for affirmance under Rule 20. URL:http://www.tba.org/tba_files/TCCA/Chapmanh_ord.WP6 CHRISTOPHER D. CHATMAN VS. STATE OF TENNESSEE O R D E R Court:TCCA Judge:RILEY First Paragraph: Appellant, CHRISTOPHER D. CHATMAN, appeals the denial of his petition for post-conviction relief. On November 30, 1995, appellant pled guilty to the Class C felony of selling cocaine and received a Range II, multiple offender sentence of eight years. To avoid resentencing on three cases for which he was serving an effective twelve-year sentence on Community Corrections, he admitted his Community Corrections violation. Pursuant to the plea agreement, the eight-year sentence was ordered to run consecutively to the twelve-year sentence for an effective twenty-year sentence. URL:http://www.tba.org/tba_files/TCCA/Chatmanc_opn.WP6 STATE OF TENNESSEE VS. ANTHONY HODGES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JEFFREY A. DeVASHER JOHN KNOX WALKUP Assistant Public Defender Attorney General & Reporter (On Appeal) KENNETH W. RUCKER KARL F. DEAN Assistant Attorney General Metro Public Defender 425 Fifth Avenue North (At Trial) Nashville, TN 37243 RICHARD TENNENT VICTOR S. JOHNSON Assistant Public Defender District Attorney General (At Trial) BILL REED & LILA STATOM 1202 Stahlman Building Assistant District Attorneys Nashville, TN 37201 General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201 Judge:WELLES First Paragraph: The Defendant, Anthony Hodges, pursuant to Tennessee Rule of Appellate Procedure 3(b), appeals his convictions and sentences for first degree felony murder and aggravated child abuse. We affirm both the convictions and sentences. URL:http://www.tba.org/tba_files/TCCA/Hodgesan_opn.WP6 WILLIAM JONES VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Gregory D. Smith John Knox Walkup One Public Square Attorney General & Reporter Suite 321 425 Fifth Avenue, North Clarksville, TN 37040 Nashville, TN 37243-0493 Kim R. Helper Assistant Attorney General 425 Fifth Avenue, North Nashville, TN 37243-0493 Judge:LAFFERTY First Paragraph: The appellant, William Jones, appeals as of right from the summary dismissal of his petition for a writ of habeas corpus by the Davidson County Criminal Court. The petitioner alleges in his petition that his sentence of thirty years is illegal and void in that the jury sentenced the appellant to confinement without the possibility of parole for the offense of kidnapping, not kidnapping for robbery. After a review of the entire record, the history of this petition, the briefs of all parties, and applicable law, we affirm the trial court's dismissal. URL:http://www.tba.org/tba_files/TCCA/Jonesw_opn.WP6 GARY PHELPS VS. DAVID MILLS, Warden O R D E R Court:TCCA Judge:RILEY First Paragraph: Appellant, GARY PHELPS, appeals the trial court's summary dismissal of his petition for writ of habeas corpus. Appellant claims his indictment for aggravated rape and aggravated sexual battery was void for failing to set forth the requisite mens rea for each offense. URL:http://www.tba.org/tba_files/TCCA/Phelpsg_opn.WP6 STATE OF TENNESSEE VS. KEITH LAMONT SMITH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Hershell D. Koger John Knox Walkup Attorney at Law Attorney General & Reporter 131 North First Street P.O. Box 1148 Elizabeth B. Marney Pulaski, TN 38478 Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Mike Bottoms District Attorney General Stella Hargrove Richard Dunavant Assistant District Attorneys General P.O. Box 304 Pulaski, TN 38478 Judge:SUMMERS First Paragraph: While serving probation for an unrelated prior offense, the appellant, Keith Lamont Smith, was convicted of burglary by a jury of the Giles County Circuit Court. He was sentenced as a persistent offender to the Range III maximum of twelve years' confinement, with his sentence to run consecutively to any revocation of his probation. On this appeal as of right, the appellant argues that his sentence is excessive and that the trial court erred in ordering consecutive sentencing. Finding no reversible error, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/Smithkei_opn.WP6 STATE OF TENNESSEE VS. JOHN WILLIE STONE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Andrew Jackson Dearing, III John Knox Walkup P. O. Box 761 Attorney General & Reporter Shelbyville, TN 37162 425 Fifth Avenue North Nashville, TN 37243-0493 Daryl J. Brand Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 William M. McCown District Attorney General 215 East College Fayetteville, TN 37334-0878 Robert G. Crigler Assistant District Attorney General 215 East College Fayetteville, TN 37334-0878 Judge:LAFFERTY First Paragraph: The appellant, John Willie Stone, referred herein as the defendant, appeals as of right from a judgment entered by the Bedford County Criminal Court as a result of a jury finding him guilty of aggravated burglary and theft of property over $1,000. Following a sentencing hearing, the trial court imposed Range II sentences of ten years for the aggravated burglary and eight years for the theft conviction to be served concurrently in the Department of Correction. These sentences were ordered to run consecutively to Bedford County Circuit Cause No. 12810. The defendant raises three issues for appellate review: 1. Whether the evidence adduced at trial was sufficient as a matter of law to sustain the verdict of guilty beyond a reasonable doubt for the conviction of aggravated burglary and theft of property over $1,000. 2. Whether the trial court erred in denying the defendant's motion for judgment of acquittal at the close of the state's proof. 3. Whether the trial court erred in allowing the defendant's statement to be introduced in trial numbers 2 and 3. After a review of the entire record, briefs of all parties, and the applicable law, we affirm the trial court's judgment. URL:http://www.tba.org/tba_files/TCCA/Stonejw_opn.WP6
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