February 10, 1999
Volume 5 -- Number 020

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
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 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
 

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Lucian T. Pera
Editor-in-Chief, TBALink

		
FRED WORTH
VS.
CUMBERLAND MOUNTAIN PROPERTY OWNERS ASSOCIATION, INC.   

Court:TCA

Attorneys:  

For the Plaintiff/Appellant:    For the Defendant/Appellee:
Michael A. Wagner               Sharon Potter Serra
Chattanooga, Tennessee          Crossville, Tennessee                       

Judge:LILLARD

First Paragraph:

This is a replevin action.  The plaintiff employee asserts he is the
proper owner of two lawn mower tractors purchased on his personal
account pursuant to an oral agreement in which the defendant employer
agreed to make payments on the mowers in exchange for their use.  The
trial court found that the defendant employer was entitled to
possession of the equipment and awarded the employer total damages of
$608.  The plaintiff employee appeals, and we affirm.

http://www.tba.org/tba_files/TCA/Worthf_opn.WP6



STATE OF TENNESSEE VS. MARK CRITES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Zoe Laakso John Knox Walkup Assistant Public Defender Attorney General & Reporter 117 East Main Street Gallatin, TN 37066 Georgia Blythe Felner Counsel for the State 425 Fifth Avenue North Nashville, TN 37243-0493 Lawrence Ray Whitley District Attorney General Lytle Anthony James Assistant District Attorney General 113 East Main Street Gallatin, TN 37066 Judge:LAFFERTY First Paragraph: Mark Crites appeals from the revocation of his community corrections sentence. He challenges both the propriety of that revocation and his resentencing, arguing that: (1) the trial court abused its discretion in revoking his community corrections sentence; (2) the trial court misapplied certain enhancement factors and that his sentences are, therefore, excessive; and (3) the trial court erred in ordering consecutive sentencing. After careful review of the record and arguments of counsel, we conclude the trial court relied upon improper evidence in revoking the community corrections sentence. We remand for another revocation hearing. http://www.tba.org/tba_files/TCCA/Critesm_opn.WP6
STATE OF TENNESSEE VS. TERRANCE CROWDER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LIONEL R. BARRETT, JR. JOHN KNOX WALKUP Washington Square Two, Ste 418 Attorney General & Reporter 222 Second Ave., North Nashville, TN 37201 KIM R. HELPER Asst. Attorney General John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General WILLIAM R. REED -and- DIANE LANCE Asst. District Attorneys General Washington Square, Suite 500 222 Second Ave., North Nashville, TN 37201 Judge:PEAY First Paragraph: The defendant was charged by indictment with rape of a child. Following a jury trial and sentencing hearing, he was found guilty as charged and sentenced as a Range I standard offender to fifteen years incarceration. He now appeals, arguing that the evidence is insufficient to sustain his conviction because the State failed to prove penetration, an essential element of rape. See T.C.A. S 39-13-522(a). We affirm the trial court's judgment. http://www.tba.org/tba_files/TCCA/Crowdert_opn.WP6
STATE OF TENNESSEE VS. CHRISTOPHER A. DAVIS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: NILES S. NIMMO JOHN KNOX WALKUP 306 Gay St., Suite 200 Attorney General & Reporter Nashville, TN 37201 TIMOTHY BEHAN Asst. Attorney General John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General TOM THURMAN -and- KATRIN MILLER Asst. District Attorneys General Washington Square, Suite 500 222 Second Ave., N. Nashville, TN 37201-1649 Judge:PEAY First Paragraph: Following a jury trial and sentencing hearing, the defendant was convicted of criminal attempt to commit second-degree murder and sentenced to ten years imprisonment. He now appeals, arguing that the evidence is insufficient to sustain his conviction. We affirm. http://www.tba.org/tba_files/TCCA/Davisca_opn.WP6
STATE OF TENNESSEE VS. KEITH M. JACKSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JEFFREY L. LEVY JOHN KNOX WALKUP 2075 First American Center Attorney General & Reporter 315 Deaderick St. Nashville, TN 37238-2075 KIM R. HELPER (On Appeal) Asst. Attorney General Cordell Hull Bldg., 2nd Fl. WILLIAM B. BRUCE 425 Fifth Ave., North First American Center, 20th Fl. Nashville, TN 37243-0493 315 Deaderick St. Nashville, TN 37238-2075 VICTOR S. JOHNSON, III (At Trial) District Attorney General PAUL D. DEWITT -and- BRET GUNN Asst. District Attorneys General 222 Second Ave., North, Suite 500 Nashville, TN 37201 Judge:PEAY First Paragraph: On September 23, 1997, the defendant was found guilty by a jury of second-degree murder. The defendant was subsequently sentenced to twenty-four years to be served in the Tennessee Department of Correction as a Range I standard offender. On November 21, 1997, the defendant filed a motion for a new trial which was overruled. The defendant now appeals as of right, arguing that the evidence is insufficient to support his conviction and that the sentence imposed is excessive. After a review of the record and the applicable law, we find no merit to the defendant's contentions and thus affirm the defendant's conviction and sentence. http://www.tba.org/tba_files/TCCA/Jacksokm_opn.WP6
STATE OF TENNESSEE VS. BRENDA KAY KEEFER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DENNIS C. CAMPBELL JOHN KNOX WALKUP Assistant Public Defender Attorney General and Reporter 140A Court Avenue Sevierville, TN 37862 ELLEN H. POLLACK Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 AL SCHMUTZER, JR. District Attorney General STEVE HAWKINS Assistant District Attorney General Sevierville, TN 37682 Judge:WELLES First Paragraph: This is an appeal as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant, Brenda Kay Keefer, pleaded guilty to one count of Class B felony theft. Sentencing was left to the discretion of the trial judge. After conducting a sentencing hearing, the trial judge sentenced the Defendant to ten years in the Department of Correction. On appeal, the Defendant argues that she should have received the minimum sentence of eight years and should have been allowed to serve the sentence on probation. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Keeferbk_opn.WP6
STATE OF TENNESSEE VS. LA SOUTHAPHANH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GERALD L. MELTON JOHN KNOX WALKUP District Public Defender Attorney General & Reporter RUSSELL N. PERKINS KIM R. HELPER Asst. Dist. Public Defender Asst. Attorney General 201 W. Main St., Suite 101 -and- Murfreesboro, TN 37130 ERIK W. DAAB Legal Assistant John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243-0493 WILLIAM WHITESELL District Attorney General JOHN W. PRICE Asst. District Attorney General Judicial Bldg., Suite 303 Murfreesboro, TN 37130 Judge:PEAY First Paragraph: The defendant was charged by indictment with three counts of aggravated assault. At the close of the State's evidence at trial, the trial court granted the defendant's motion for verdict of acquittal as to two of the counts. On the third count, however, the defendant was convicted. Following a hearing, he was sentenced as a Range II multiple offender to nine years incarceration. He now appeals, arguing that the evidence is insufficient to sustain his conviction and that the imposed sentence is excessive. Finding no merit to these arguments, we affirm the trial court's judgment. http://www.tba.org/tba_files/TCCA/Southla_opn.WP6
STATE OF TENNESSEE VS. KENDALL WARREN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JULIE A. MARTIN (on appeal) JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter P.O. Box 426 Knoxville, TN 37901-0426 ELIZABETH B. MARNEY Assistant Attorney General MACK GARNER (at the hearing) Criminal Justice Division District Public Defender 425 Fifth Ave. North 419 High St. 2d Floor, Cordell Hull Bldg. Maryville, TN 37804 Nashville, TN 37243-0493 MICHAEL L. FLYNN District Attorney General PHILIP H. MORTON Assistant District Attorney General 363 Court St. Maryville, TN 37804-5906 Judge:WITT First Paragraph: The defendant, Kendall Warren, pled guilty to four counts of the sale of cocaine on July 28, 1992 and received an effective eight-year sentence as a Range I offender. The trial court ordered him to serve the first ninety days in confinement and then placed the defendant on intensive probation. In December, 1993, the defendant was transferred from intensive to regular probation. http://www.tba.org/tba_files/TCCA/Warrenk_opn.WP6

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