January 21, 1999
Volume 5 -- Number 009

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
03 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
13 New Opinion(s) from the Tennessee Court of Appeals
12 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
 

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Lucian T. Pera
Editor-in-Chief, TBALink


INEZ BRADEN
VS.
MODINE MANUFACTURING
COMPANY, INC. and SENTRY
INSURANCE COMPANY
and
DINA TOBIN, DIRECTOR OF SECOND INJURY FUND

Court:TSC - Workers Comp Panel

Attorneys: 

For the Appellants:             For the Appellees:

Michael J. Mollenhour           Roger E. Ridenour
P.O. Box 9299                   P.O. Box 530
Knoxville, Tenn.  37940         Clinton, Tenn.  37717-0530

                                Sandra E. Keith
                                2nd Floor Cordell Hull Bldg.
                                425 Fifth Ave. North
                                Nashville, Tenn.  37243-0499                         

Judge:THAYER

First Paragraph:

This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. At the time
of the trial below, three claims for benefits were at issue.  They
were:  (1) a claim for a back injury in 1994, (2) a claim for an ankle
injury in 1995, and (3) a claim under T.C.A. S 50-6-241 to reconsider
the back injury award of 1994. The trial court made the following
awards:  (1) 12 _% permanent partial disability to the body as a whole
for the 1994 back injury, (2) 100% permanent disability to the left
leg, and (3) increased the 12 _% back injury award to 55% to the body
as a whole.

http://www.tba.org/tba_files/TSC_WCP/Bradenin_opn.WP6



INDIANA LUMBERMEN'S MUTUAL INSURANCE COMPANY as workers' compensation insurance carrier for CANTLEY ELLIS MANUFACTURING COMPANY VS. DARRELL MEAD Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: Robert M. Shelor Jonathan R. Bunn Kristi D. McKinney Bristol, Virginia Kennerly, Montgomery & Finley Knoxville, Tennessee Judge:LOSER First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer insists the award of permanent partial disability benefits is excessive and the employee insists he is permanently and totally disabled. Additionally, the employee contends "the trial court erred in rejecting the testimony of the vocational specialist in its totality." As discussed below, the panel has concluded the judgment should be affirmed. The trial court awarded permanent partial disability benefits based on sixty percent to the body as a whole. Appellate review is de novo upon the record of the trial court, accompanied by a presumption of correctness of the findings of fact, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. section 50-6-225(e)(2). The extent of an injured worker's disability is an issue of fact. Jaske v. Murray Ohio Mfg. Co., 750 S.W.2d 150 (Tenn. 1988). Where the trial judge has seen and heard the witnesses, especially if issues of credibility and weight to be given oral testimony are involved, considerable deference must be accorded those circumstances on review. Jones v. Sterling Last Corp., 962 S.W.2d 469 (Tenn. 1998). http://www.tba.org/tba_files/TSC_WCP/Indivmea_opn.WP6
CONSTANCE H. WILSON VS. COPPINGER COLOR LAB, INC. and TRAVELERS INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Thomas E. LeQuire Conrad Finnell Suite 407 James Bldg. P.O. Box 1476 735 Broad Street Cleveland, Tenn. 37364-1476 Chattanooga, Tenn. 37402 Roger E. Jenne P.O. Box 161 Cleveland, Tenn. 37364 Judge:THAYER First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. This appeal has resulted from a finding by the trial court that plaintiff, Constance H. Wilson, sustained a compensable injury while in the employment of her last employer, Telecable. The trial court dismissed the case against the former employer, Coppinger Color Lab, Inc., and held Travelers Insurance Company liable as the insurance carrier for the last employer. http://www.tba.org/tba_files/TSC_WCP/Wilsonco_opn.WP6
ESTATE OF FRANK BAKER BY KENNETH BAKER VS. JOEL LEE MAPLES Court:TCA Attorneys: PERRY P. PAINE, JR., PAINE, GARRETT & BRAY, Maryville, for Plaintiff-Appellant. STEVEN E. MARSHALL, MARSHALL & DELIUS, Sevierville, for Defendant-Appellee. Judge:FRANKS First Paragraph: In this action for the wrongful death of Frank Baker, the Trial Judge granted the defendant Joel Lee Maples summary judgment, and plaintiff has appealed. The circumstances giving rise to this action occurred on November 7, 1994, when Maples shot and killed Baker. Baker was married to Maples' sister Sandra, and Frank and Sandra lived near Maples. http://www.tba.org/tba_files/TCA/bakerk_opn.WP6
CORENE COFFEY VS. RICHARD H. NOLL and DET DISTRIBUTING COMPANY Court:TCA Attorneys: TRACY SHAW HOWELL & FISHER, PLLC Nashville, Tennessee Attorney for Appellants DAVID R. KENNEDY Hermitage, Tennessee DENNIS B. FRANCIS Knoxville, Tennessee Attorneys for Appellee Judge:HIGHERS First Paragraph: This appeal arises from a lawsuit filed by Corene Coffey ("Coffey") against DET Distributing Co. ("DET") and Richard H. Noll ("Noll") for damages resulting from a vehicular collision that occurred in Nashville on April 21, 1995. At the time of the collision, Noll, who is a DET employee, was driving a delivery truck for DET. Immediately prior to the collision, Noll was briefly blinded by the sun and the truck's brakes failed, which resulted in an impact to the rear of Coffey's automobile. The case was tried before a jury, and the sole issue presented to the jury was the determination of Coffey's damages for personal injury, because the liability of DET and Noll had already been established from a prior order granting partial summary judgment and because property damages to Coffey's vehicle were not sought at trial. The jury assessed Coffey's damages at $150,000, and a judgment was entered against DET and Noll for this amount. Thereafter, the trial court denied DET's and Noll's motion for new trial. On appeal, DET and Noll assert: (1) that the trial judge failed to properly approve the jury's verdict in his role as thirteenth juror; (2) that the jury's verdict is not supported by material evidence; (3) that certain jury instructions concerning insurance and prejudice against corporations amounted to reversible error; and (4) that certain other comments and/or instructions to the jury by the trial judge amounted to reversible error. Based upon the following, we therefore affirm the trial court's judgment. http://www.tba.org/tba_files/TCA/Coffeyco_opn.WP6
KATHY EVANS VS. VICTOR SEIFULLAH ABDULLAH Court:TCA Attorneys: HELEN SFIKAS ROGERS, The Wind in the Willows Mansion 2205 State Street Nashville, TN 37203 Attorney for Plaintiff-Appellee THOMAS L. WHITESIDE FOWLKES & WHITESIDE 172 Second Avenue North, Suite 204 Nashville, TN 37201-1908 Attorney for Defendant-Appellant Judge:FRANKS First Paragraph: The sole issue on appeal is whether the Trial Court erred in holding the defendant in contempt for failure to pay child support. Defendant Abdullah has appealed from an order finding him in civil contempt. He and Kathy Evans were divorced on November 24, 1997, and the Trial Court ordered Abdullah to pay a total of $1,719.00 per month to Evans. This amount represented payments for child support, health insurance, child support arrearages and alimony arrearages. No appeal was taken from that order. On January 12, 1998, Evans petitioned for contempt, and following trial the Trial Judge found Abdullah in wilful contempt, but allowed Abdullah to be released from incarceration upon his posting bond, pending appeal. http://www.tba.org/tba_files/TCA/Evansk_opn.WP6
JANET K. FLORENCE VS. DAVID G. FLORENCE Court:TCA Attorneys: ALBERT F. MOORE, Neal & Harwell, PLC, Nashville, for Appellant. W. THOMAS PARSONS, PARSONS, NICHOLS & JOHNSON, Manchester, for Appellee. Judge:MCMURRAY First Paragraph: The sole issue on appeal is whether the Trial Court erred in holding the defendant in contempt for failure to pay child support. Defendant Abdullah has appealed from an order finding him in civil contempt. He and Kathy Evans were divorced on November 24, 1997, and the Trial Court ordered Abdullah to pay a total of $1,719.00 per month to Evans. This amount represented payments for child support, health insurance, child support arrearages and alimony arrearages. No appeal was taken from that order. On January 12, 1998, Evans petitioned for contempt, and following trial the Trial Judge found Abdullah in wilful contempt, but allowed Abdullah to be released from incarceration upon his posting bond, pending appeal. http://www.tba.org/tba_files/TCA/Florenjk_opn.WP6
MILDRED JOHNSON and GARY JOHNSON VS. CHARLES T. CANTRELL and PATRICIA CANTRELL Court:TCA Attorneys: J. Mitchell Grissim, Jr., Harry L. Weddle, III, MITCH GRISSIM & ASSOCIATES, Nashville, Tennessee Attorneys for Plaintiffs/Appellants. Hal D. Hardin, Nashville, Tennessee John T. Reese, EVANS, TODD & FLOYD, PLC, Nashville, Tennessee Attorneys for Defendants/Appellees. Judge:FARMER First Paragraph: Plaintiffs Mildred and Gary Johnson appeal an order of the trial court granting summary judgment in favor of Defendants Charles T. and Patricia Cantrell. For the reasons set forth below, we affirm the trial court's ruling. http://www.tba.org/tba_files/TCA/Johnsonm_opn.WP6
THOMAS A. KNIGHT VS. NATALIE KNIGHT (NOW AMBROSE) Court:TCA Attorneys: KATHY A. LESLIE, Nashville, for Appellant. CLARK LEE SHAW, Nashville, for Appellee Judge:MCMURRAY First Paragraph: This is a post divorce proceeding regarding custody of the parties' minor children. After a bench trial, the trial court made an extensive finding of fact and, among other things, found that there had been a change of circumstances sufficient to warrant a change in custody. The trial court changed custody from the mother and awarded joint custody to both parents with the husband designated as custodian. On appeal, the mother challenges the sufficiency of the evidence. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCA/Knightt_opn.WP6
VIOLET LOUISE LAYNE VS. BENNY WILLIAM LAYNE Court:TCA Attorneys: JACK GREEN and PAT NICELY 141 Thompson Lane Nashville, TN 37211 Attorneys for Appellee DAVID H. HORNIK 222 Second Avenue North Suite 350M Nashville, TN 37201-1649 Attorney for Appellant Judge:FRANKS First Paragraph: In this divorce the husband appealed the Trial Judge's determination of marital property and its division. The Trial Court determined that each party should receive one-half of the equity in the former marital home, and also ordered the husband to pay the wife $25,500.00 for her share of the farm land. http://www.tba.org/tba_files/TCA/Laynev_opn.WP6
JAMES COLWELL VS. CHARLES TRAUGHBER, CHAIRMAN OF THE TENNESSEE BOARD OF PAROLES Court:TCA Attorneys: For Appellant For Appellee JAMES COLWELL JOHN KNOX WALKUP Pro Se Attorney General and Reporter Nashville, Tennessee Nashville, Tennessee JOHN R. MILES Attorney General's Office Civil Rights and Claims Division Nashville, Tennessee Judge:SUSANO First Paragraph: This is an action filed by James Colwell seeking a new parole hearing. The plaintiff appealed the trial court's grant of summary judgment to the defendant, Charles Traughber, Chairman of the Tennessee Parole Board. The plaintiff, in his petition for writ of certiorari, asserts that the Tennessee Parole Board ("Board") acted illegally, fraudulently, arbitrarily, and capriciously in denying him parole. The trial court granted the defendant's motion for summary judgment upon finding that the plaintiff had failed to carry his burden of overcoming the properly-supported summary judgment motion of the defendant. On this appeal, plaintiff essentially presents the following question for our review: In granting summary judgment, did the trial court err when it determined that no genuine issue of material fact exists? http://www.tba.org/tba_files/TCA/Colwellj_opn.WP6
FLIGHTLESS-N-BIRD FARM, INC. VS. JOSEPH K. DUGHMAN VS. FLIGHTLESS-N-BIRD FARM, INC., JAMES L. NEWELL, JAMES A. NEWELL, CAROLYN NEWELL, and DEBBIE NEWELL Court:TCA Attorneys: GARY M. EISENBERG 2417 Bell Street P. O. Box 70 Pleasant View, Tennessee 37146 ATTORNEY FOR FLIGHTLESS-N-BIRD FARM, INC. JEFFREY L. LEVY 315 Deaderick Street 2075 First American Center Nashville, Tennessee 37238-2075 ATTORNEY FOR JOSEPH K. DUGHMAN Judge:CAIN First Paragraph: This case represents a contract dispute between a seller and buyer of emus. Flightless-N-Bird Farm, Inc., was a corporation in the business of raising, breeding and boarding emus. On June 25, 1994, Mr. Dughman purchased a pair of emus from Flightless-N-Bird Farm, Inc. [FNBF]. The Emu Purchase Agreement, entered into by the parties does not contain an integration clause. http://www.tba.org/tba_files/TCA/Flightls_opn.WP6
CHRISTOPHER M. HAWKINS VS. DON SUNDQUIST, Governor, et al Court:TCA Attorneys: HENRY A. WILLIAMS, Pro Se #117522 H.C.C.F. POB 549 CHRISTOPHER M. HAWKINS, Pro Se #232697 N.W.C.C. POB 660 Route One (1) Tiptonville, Tennessee 38079 JOHN KNOX WALKUP Attorney General and Reporter MICHAEL MOORE Solicitor General PAMELA S. LORCH Assistant Attorney General Civil Rights and Claims Division Second Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, Tennessee 37243-0488 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge:CAIN First Paragraph: This is a complaint alleging violation of 42 U.S.C. section 1983. Plaintiffs/appellants are pro se and the pleadings are very difficult to comprehend as voluminous hand written documents are submitted in support of the complaint which are general and conclusory with limited and elusive factual assertions. http://www.tba.org/tba_files/TCA/Hawkinsc_opn.WP6
ROGER P. HOGAN, FRED C. DANCE, and MUSIC CITY DUST-TEX SERVICE, INC. VS. COYNE INTERNATIONAL ENTERPRISES CORPORATION d/b/a COYNE TEXTILE SERVICES Court:TCA Judge:CANTRELL First Paragraph: Both parties have filed petitions to rehear. With respect to the petition by the sellers, we have reviewed the petition and find that it does not state a ground for modification of the original opinion. With respect to Coyne's petition, we do not think it requires a change in result, but it does merit a specific response. http://www.tba.org/tba_files/TCA/Hoganrp_reh.WP6
WILLIAM PECK VS. WARDEN DAVID MILLS and SGT. JEFF BISHOP Court:TCA Attorneys: WILLIAM PECK, Pro Se 7475 Cockrill Bend Ind. Rd. Nashville, Tennessee 37209 JOHN KNOX WALKUP Attorney General and Reporter MICHAEL E. MOORE Solicitor General SOHNIA W. HONG Assistant Attorney General Civil Rights and Claims Division 2nd Floor Cordell Hull Building 425 Fifth Avenue North Nashville, Tennessee 37243 ATTORNEYS FOR RESPONDENTS/APPELLEES Judge:CAIN First Paragraph: This is an appeal by a prison inmate from the action of the trial judge in granting summary judgment dismissing his petition for certiorari on subject matter jurisdiction grounds. Appellant acting pro se with "inmate advisor" assistance filed his petition in the Chancery Court of Davidson County, Tennessee for a common law writ of certiorari naming only Warden David Mills and Sergeant Jeff Bishop as defendants. http://www.tba.org/tba_files/TCA/Peckwm_opn.WP6
DAVID WILLIAMS VS. TENNESSEE DEPARTMENT OF CORRECTION Court:TCA Attorneys: DAVID J. WILLIAMS, Pro Se #093823 NECX POB 5000 Mountain City, Tennessee 37683 JOHN KNOX WALKUP Attorney General and Reporter MICHAEL E. MOORE Solicitor General MICHAEL L. HAYNIE Assistant Attorney General Civil Rights and Claims Division 425 Fifth Avenue North Second Floor, Cordell Hull Building Nashville, Tennessee 37243-0488 ATTORNEYS FOR RESPONDENT/APPELLEE Judge:CAIN First Paragraph: Petitioner, David J. Williams, on July 29, 1997, filed in the Chancery Court of Davidson County, Tennessee, a petition for judicial review and/or declaratory judgment and/or common-law writ of certiorari. Acting pro se he asserts that he is being held unconstitutionally and illegally by the defendant. http://www.tba.org/tba_files/TCA/Wmsdavid_opn.WP6
STATE OF TENNESSEE VS. RICKY DALE KEEN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DAVID DOYLE JOHN KNOX WALKUP District Public Defender Attorney General & Reporter ZOE LAAKSO CLINTON J. MORGAN Asst. Dist Public Defender Asst. Attorney General 117 East Main St. John Sevier Bldg. Gallatin, TN 37066 425 Fifth Ave., North Nashville, TN 37243-0493 LAWRENCE RAY WHITLEY District Attorney General SALLIE WADE BROWN Asst. District Attorney General 113 West Main St. Gallatin, TN 37066 Judge:PEAY First Paragraph: In November 1997, the defendant pled guilty to aggravated burglary, a Class C felony. A sentencing hearing was scheduled to determine the length and manner of service of the sentence. After receiving evidence, the trial court applied four statutory enhancing factors and one mitigating factor, but declined to apply several other mitigating factors submitted by the defendant. Based on its findings, the trial court sentenced the defendant as a Range I standard offender to the Department of Correction for six years, the maximum sentence. See T.C.A. S 40-35-112(a)(3). http://www.tba.org/tba_files/TCCA/Keenrd_opn.WP6
STATE OF TENNESSEE VS. VICTOR S. KELLY, JR Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DAVID BRANDON JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 211 Third Ave. North Nashville, TN 37219 ELIZABETH B. MARNEY Assistant Attorney General PETER D. HEIL 425 Fifth Ave. N., 2d Floor Attorney at Law Nashville, TN 37243-0493 P.O. Box 40651 Nashville, TN 37204 JOSEPH D. BAUGH District Attorney General LEE DRYER Asst. District Attorney General P.O. Box 937 Franklin, TN 37065-0937 Judge:WITT First Paragraph: The defendant, Victor S. Kelly, Jr., stands convicted of driving under the influence following a jury trial in the Williamson County Circuit Court. Kelly was sentenced to eleven months and 29 days supervised probation, with six months service in the county jail suspended after service of 48 hours. Terms of his sentence include revocation of his driver's license and attendance of alcohol safety school. He was fined $1,000. http://www.tba.org/tba_files/TCCA/Kellyvs_opn.WP6
STATE OF TENNESSEE VS. MICHAEL ELMORE ROBINSON Court:TCCA Attorneys: For the Appellant: For the Appellee: Michael J. Flanagan John Knox Walkup 95 White Bridge Road, Ste. 208 Attorney General & Reporter Nashville, TN. 37205 Daryl J. Brand John G. Mitchell, Jr. Assistant Attorney General P.O. Box 1336 425 Fifth Avenue North Murfreesboro, TN. 37130 2nd Floor Cordell Hull Building Nashville, TN. 37243-0493 William C. Whitesell, Jr. District Attorney General John W. Price, III Assistant District Attorney 303 Rutherford Co. Jud. Bldg. Murfreesboro, TN. 37130 Judge:BARKER First Paragraph: The appellant, Michael Elmore Robinson, appeals as of right the conviction he received in the Rutherford County Circuit Court. After a jury trial, the appellant was convicted of driving a motor vehicle while under the influence of an intoxicant, his third offense, and was fined eleven hundred ($1,100) dollars. The trial court sentenced him to eleven (11) months and twenty nine (29) days, with one hundred and fifty (150) days to be served in the Rutherford County work house, and the remainder to be served on supervised probation. Appellant's driver's license was revoked for a three-year period. http://www.tba.org/tba_files/TCCA/Rbnsnmer_opn.WP6
STATE OF TENNESSEE VS. BILLY JOE STOKES Court:TCCA Attorneys: For the Appellant: For the Appellee: Jim Sowell John Knox Walkup 118 North Main Street Attorney General of Tennessee Dickson, TN 37055 and Timothy Behan Assistant Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 Dan Mitchum Alsobrooks District Attorney General Court Square, P.O. Box 869 Charlotte, TN 37036 and George Sexton Assistant District Attorney General Courthouse, Second Floor Waverly, TN 37185 Judge:TIPTON First Paragraph: The defendant, Billy Joe Stokes, was convicted by a jury in the Humphreys County Circuit Court of two counts of statutory rape, a Class E felony. He was sentenced as a Range I, standard offender to two one-year sentences to be served concurrently in the custody of the Department of Correction. In this appeal as of right, the defendant contends that his convictions should be vacated because he was indicted for rape, not statutory rape. We affirm the judgments of conviction. http://www.tba.org/tba_files/TCCA/Stokesbj_opn.WP6
STATE OF TENNESSEE VS. BILLY CRAWFORD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHARLES M. CORN JOHN KNOX WALKUP Public Defender Attorney General & Reporter P.O. Box 1453 Cleveland, TN 37364-1453 ELLEN POLLACK Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JERRY N. ESTES District Attorney General STEVEN B. WARD Assistant District Attorney General P.O. Box 647 Athens, TN 37303 Judge:WELLES First Paragraph: Petitioner, David J. Williams, on July 29, 1997, filed in the Chancery Court of Davidson County, Tennessee, a petition for judicial review and/or declaratory judgment and/or common-law writ of certiorari. Acting pro se he asserts that he is being held unconstitutionally and illegally by the defendant. http://www.tba.org/tba_files/TCCA/Crawfobi_opn.WP6
MARY CATHERINE DORTCH VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARY C. DORTCH JOHN KNOX WALKUP Pro Se Attorney General and Reporter 3881 Stewart Lane Nashville, TN 37218-3302 TODD R. KELLEY Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 RANDALL E. NICHOLS District Attorney General City-County Building Knoxville, TN 37902 Judge:WELLES First Paragraph: The Defendant, Mary Catherine Dortch, appeals as of right from the trial court's dismissal of her petition for "writ of error coram nobis or in the alternative petition for exoneration." We affirm the judgment of the trial court. In 1971 the Defendant pleaded guilty to and was convicted of first degree murder and four counts of armed robbery. She was sentenced to life imprisonment for the murder and to concurrent thirty-year sentences for each robbery. http://www.tba.org/tba_files/TCCA/Dortchmc_ord.WP6
GERY L. GROSS VS. STEVE SCHOENBECK and RITA SCHOENBECK Court:TCCA Attorneys: For Appellant For Appellees TROY L. BROOKS NO APPEARANCE The Kennedy Law Firm Clarksville, Tennessee Judge:SUSANO First Paragraph: This is a landlord-tenant dispute. Following a bench trial, the court below awarded the plaintiff, Gery L. Cross, a judgment for $750 against the defendants, Steve Schoenbeck and Rita Schoenbeck. The plaintiff, being dissatisfied with the amount of the award, appealed. He presents one issue for our review: Does the evidence preponderate against the trial court's award of damages? http://www.tba.org/tba_files/TCCA/Grossgl_opn.WP6
STATE OF TENNESSEE VS. J.D. HICKMAN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JULIE A. MARTIN JOHN KNOX WALKUP P.O. Box 426 Attorney General and Reporter Knoxville, TN 37901-0426 TODD R. KELLEY Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 GREELEY WELLS District Attorney General JOE CRUMLEY Assistant District Attorney General P.O. Box 38 Jonesborough, TN Judge:WELLES First Paragraph: The Defendant, J.D. Hickman, pursuant to Tennessee Rule of Appellate Procedure 3(b) and Tennessee Rule of Criminal Procedure 37(b)(2)(i), appeals a certified question of law dispositive of this action. This appeal concerns five charges against Defendant, a former attorney, for theft of funds entrusted to him by his clients. In February 1997, Defendant was convicted of theft by a jury in Washington County. The State subsequently continued to pursue its prosecution of three remaining charges pending in Sullivan County. Soon thereafter, Defendant was charged in Washington County General Sessions Court with the final offense--theft over $500. http://www.tba.org/tba_files/TCCA/Hickmajd_opn.WP6
STATE OF TENNESSEE VS. ERIK LEE JACKSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RICHARD McGEE JOHN KNOX WALKUP 601 Woodland St. Attorney General & Reporter Nashville, TN 37206 DARYL J. BRAND Asst. Attorney General John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General JOHN C. ZIMMERMANN -and- HELEN DONNLEY Asst. District Attorneys General Washington Square, Suite. 500 222 Second Ave., North Nashville, TN 37201-1649 Judge:PEAY First Paragraph: The defendant was charged by indictment with the first-degree premeditated murder of Bryant Perkins. Following a jury trial and sentencing hearing, he was found guilty of second-degree murder and sentenced as a Range I standard offender to twenty-one years imprisonment. He now appeals, arguing that the trial court erred in failing to suppress his statement to police and in improperly sentencing him. Finding no merit to the defendant's arguments, we affirm. http://www.tba.org/tba_files/TCCA/Jacksone_opn.WP6
STATE OF TENNESSEE VS. SHERRY KLOSTER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: D. MITCHELL BRYANT JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter P.O. Box 1021 Cleveland, TN 34364-1021 R. STEPHEN JOBE Assistant Attorney General Criminal Justice Division 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 JERRY N. ESTES District Attorney General 130 Washington Ave. NE P.O. Box 647 Athens, TN 37371-0647 SANDRA DONAGHY LARRY PUCKETT Assistant District Attorney Generals P.O. Box 1351 Cleveland, TN 37364-1351 Judge:WITT First Paragraph: The defendant, Sherry Kloster, appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure from her judgment of conviction in the Criminal Court of Bradley County for theft of property valued at more than $1,000 and burglary of an automobile. The trial judge sentenced her to three years for theft and one year for burglary as a Range 1 offender but suspended the sentences and ordered her to serve one year on probation. In this appeal, the defendant contends that the state's evidence against her is legally insufficient to support the verdicts. We respectfully disagree. http://www.tba.org/tba_files/TCCA/Klosters_opn.WP6
GROVER LIVESAY VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GROVER LIVESAY JOHN KNOX WALKUP Pro Se Attorney General and Reporter P.O. Box 5000 Mountain City, TN 37683 ELLEN H. POLLACK Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 C. BERKELEY BELL District Attorney General JOHN DUGGER Assistant District Attorney General 510 Allison Street Morristown, TN 37814 Judge:WELLES First Paragraph: The Defendant, Grover Livesay, appeals the trial court's dismissal of his petition for post-conviction relief. Defendant has previously filed a post-conviction petition, and this Court affirmed its dismissal by the Criminal Court for Hamblen County. Grover Livesay v. State, No. 03C01-9707-CR-00244, 1998 WL 128853 (Tenn. Crim. App., Knoxville, Mar. 24, 1998). Because the current petition is a second petition for post-conviction relief rather than a petition to reopen Defendant's previously dismissed petition for post-conviction relief, we affirm the trial court's dismissal below. http://www.tba.org/tba_files/TCCA/Livesayg_opn.WP6
STATE OF TENNESSEE VS. TRACY STEWART MULLINS Court:TCCA Attorneys: FOR THE APPELLANT: FRANK LANNOM B. KEITH WILLIAMS 102 E. Main Street Lebanon, TN 37087 (On Appeal) DAVID N. BRADY District Public Defender TERRY D. DYCUS H. MARSHALL JUDD Assistant Dist. Public Defenders 215 Reagan Street Cookeville, TN 38501-3404 (At Trial) FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter KIM R. HELPER Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM E. GIBSON District Attorney General JOHN B. NISBET III SHAWN FRY Assistant District Attorney General 145A S. Jefferson Avenue Cookeville, TN 38501-3424 Judge:RILEY First Paragraph: The defendant was charged with one count of aggravated rape; a jury convicted him of aggravated sexual battery. He was sentenced as a Range I standard offender to twelve years in the Department of Correction. http://www.tba.org/tba_files/TCCA/Mullinst_opn.WP6

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3) Leave the body of the message blank


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