March 4, 1999
Volume 5 -- Number 030

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
02 New Opinion(s) from the Tennessee Court of Appeals
05 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

		
STEVE ANDERSON
VS.
HACKS CROSSING PARTNERS, et al

Court:TCA

Attorneys: 

William L. Hendricks, Jr.,
Lisa E. Circeo,
GLANKLER BROWN, PLLC, Memphis, Tennessee
Attorneys for Plaintiff/Appellant.


John McQuiston, II, EVANS & PETREE, Memphis, Tennessee
Attorney for Defendants/Appellees (other than Exxon Corporation).


C. Thomas Cates,
R. Porter Feild,
BURCH, PORTER & JOHNSON, PLLC, Memphis, Tennessee
Attorneys for Defendant/Appellee Exxon Corporation.                         

Judge:FARMER

First Paragraph:

Plaintiff Steve Anderson appeals the trial court's order which
dismissed his complaint seeking specific performance and other relief
against Defendants/Appellees Hacks Crossing Partners and Exxon
Corporation.  We affirm.

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



BROWNING CONSTRUCTION COMPANY VS. LAWRENCE E. STEINBERG and JOHN W. BROWNING, SR. Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee Lawrence E. Steinberg: William C. Bateman, Jr. Stephen Craig Kennedy Memphis, Tennessee Selmer, Tennessee Judge:LILLARD First Paragraph: This is a suit to enforce a mechanics' and materialmen's lien. The plaintiff asserted it made improvements to real property based on an agreement with the owner of the property. The property owner moved for summary judgment, arguing that there was no evidence of an agreement between the parties. The trial court granted summary judgment to the defendant property owner, and the plaintiff appeals. We affirm. http://www.tba.org/tba_files/TCA/browncon_opn.WP6
STATE OF TENNESSEE VS. WALTER G. ALLISON Court:TCCA Attorneys: For the Appellant: For the Appellee: Shipp R. Weems John Knox Walkup District Public Defender Attorney General of Tennessee and and Robert H. Stovall, Jr. Daryl J. Brand Assistant Public Defender Asst Attorney General of Tennessee P.O. Box 160 425 Fifth Avenue North Charlotte, TN 37036 Nashville, TN 37243-0493 Dan Mitchum Alsobrooks District Attorney General 200 Dickson St., P.O. Box 580 Charlotte, TN 37036-0580 and George C. Sexton Asst District Attorney General Room 206 Courthouse Waverly, TN 37185 Judge:TIPTON First Paragraph: The defendant, Walter G. Allison, appeals as of right from jury convictions in the Humphreys County Circuit Court for aggravated burglary and theft of property over ten thousand dollars, Class C felonies. The defendant was sentenced for each conviction as a Range II, multiple offender to ten years confinement to be served concurrently in the custody of the Department of Correction. He was also fined ten thousand dollars for each conviction and ordered to pay fourteen thousand dollars in restitution on the aggravated burglary conviction. He argues that the evidence is insufficient to support his convictions. We disagree. http://www.tba.org/tba_files/TCCA/Allisonw_opn.WP6
JASON BRADBURN VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL J. FLANAGAN JOHN KNOX WALKUP 95 White Bridge Rd., Ste 208 Attorney General & Reporter Nashville, TN 37205 DARYL J. BRAND Asst. Attorney General John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243-0493 MIKE BOTTOMS District Attorney General STELLA L. HARGOVE -and- JESSE DURHAM Asst. District Attorneys General P.O. Box 1619 Columbia, TN 38401-1619 Judge:PEAY First Paragraph: The petitioner seeks a delayed appeal from the trial court's order revoking his probation. After a review of the record and applicable law, we dismiss the petitioner's appeal. http://www.tba.org/tba_files/TCCA/Bradburn_opn.WP6
BILLY JOE GREENWOOD VS. DAVID NEWBERRY, Warden, and STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Lynda Simmons John Knox Walkup 107 East Court Square Attorney General of Tennessee Livingston, TN 38570 and (AT TRIAL) Kim R. Helper Asst Attorney General of Tennessee 425 Fifth Avenue North John B. Nisbet, III Nashville, TN 37243-0493 101 S. Jefferson Avenue Cookeville, TN 38501 William Edward Gibson (ON APPEAL) District Attorney General 145 S. Jefferson Avenue Cookeville, TN 38501-3424 and Owen G. Burnett Asst District Attorney General Overton County Annex P.O. Box 706 Livingston, TN 38570 Judge:TIPTON First Paragraph: The petitioner, Billy Joe Greenwood, appeals as of right from the Overton County Criminal Court's denial of his petition for post-conviction relief. He seeks relief from his 1990 convictions for first degree murder and first degree burglary and from his effective sentence of life plus six years imprisonment. This court affirmed the convictions but modified the sentences to run concurrently. State v. Billy Joe Greenwood, No. 01C01-9108-CC-00228, Overton County (Tenn. Crim. App. Mar. 3, 1992). The petitioner contends that he received the ineffective assistance of counsel at trial and on direct appeal because counsel (1) untimely filed the motion for a new trial and (2) failed to file an application for permission to appeal to the supreme court. He also contends that the trial court gave an unconstitutional jury instruction regarding premeditation being formed in an instant. We affirm the post-conviction court's dismissal of the petition with respect to the untimely motion for a new trial and the jury instruction, but we hold that the petitioner is entitled to a delayed appeal. http://www.tba.org/tba_files/TCCA/Greenwbj_opn.WP6
GREGORY JORDAN VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREGORY JORDAN, Pro Se JOHN KNOX WALKUP P.O. Box 279 Attorney General and Reporter Clifton, TN 38425-0279 CLINTON J. MORGAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 JOSEPH BAUGH District Attorney General P.O. Box 937 Franklin, TN 37065-0937 Judge:WELLES First Paragraph: The Defendant, Gregory Jordan, is an inmate in the Tennessee Department of Correction. On June 2, 1998, in the Circuit Court of Williamson County, he filed a "Petition For Relief From Conviction Or Sentence." His petition alleged that on May 29, 1997, his probation was revoked without a hearing and in violation of his right to counsel at a hearing. On June 5, 1998, the trial court entered an order summarily dismissing the petition. The order stated that the Defendant did receive a probation revocation hearing on May 29, 1997, during which he was represented by counsel. The order also stated that the Defendant was incarcerated in another county and that the court did not have jurisdiction to grant relief. It is from the order of the trial court denying the Defendant any relief that the Defendant appeals. http://www.tba.org/tba_files/TCCA/Jordangr_opn.WP6
WILLIAM D. PEWITT VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: William D. Pewitt, Pro se John Knox Walkup No. 119709, T.C.I.P. Attorney General of Tennessee Route 1 and Only, TN 37140-9709 Daryl J. Brand Assistant Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 Ronald L. Davis District Attorney General Williamson County Courthouse P.O. Box 937 Franklin, TN 37065-0937 Judge:TIPTON First Paragraph: The petitioner, William D. Pewitt, appeals as of right from the dismissal of his petition for post-conviction relief by the Williamson County Circuit Court. He seeks relief from his 1994 convictions for witness coercion, a Class D felony, and assault, a Class A misdemeanor. His convictions were affirmed on appeal. State v. William D. Pewitt, No. 01C01-9411-CC-00375, Williamson County (Tenn. Crim. App. Aug. 22, 1996), app. denied (Tenn. Jan. 1, 1997). The petitioner contends that the trial court erred in dismissing his petition without appointing counsel, allowing amendment of the petition with the aid of counsel, or holding an evidentiary hearing. We affirm the trial court's order dismissing the petition for failure to state a claim. http://www.tba.org/tba_files/TCCA/Pewittwd_opn.WP6

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