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March 15, 1999
Volume 5 -- Number 035
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.
| 02 | 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 |
| 12 | New Opinion(s) from the Tennessee Court of Appeals |
| 11 | 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
DAVID ALCAZAR
v.
CHRISTOPHER HAYES
and
GOVERNMENT EMPLOYEES INSURANCE COMPANY
Court:TSC
Attorneys:
FOR APPELLANT: FOR APPELLEE:
Jimmy W. Bilbo Donald W. Strickland
Logan, Thompson, Miller, Bilbo, Steven W. Grant
Thompson & Fisher, P.C. Grant, Konvalinka & Harrison, P.C.
Cleveland, TN Chattanooga, TN
Judge:DROWOTA
First Paragraph:
This suit arose from a motor vehicle accident in which plaintiff David
Alcazar was injured. Alcazar appeals from the Court of Appeal's
affirmance of the trial court's award of summary judgment to defendant
Government Employees Insurance Company ("GEICO"). The sole issue for
our determination is whether an insurance policy is automatically
forfeited when the insured does not comply with the policy's notice
provision, regardless of whether the insurer has been prejudiced by
the delay. For the reasons stated hereinafter, we reverse the
judgments of the lower courts and remand the case to the trial court.
http://www.tba.org/tba_files/TSC/Alcazard_opn.WP6
STATE OF TENNESSEE
VS.
CAROLYN L. CURRY
Court:TSC
Attorneys:
For Appellant: For Appellee:
Donald E. Parish John Knox Walkup
IVEY, PARISH & JOHNS Attorney General & Reporter
Huntingdon, Tennessee
Michael E. Moore
Solicitor General
Timothy F. Behan
Assistant Attorney General
Nashville, Tennessee
At Trial:
Robert Radford
District Attorney General
Eleanor Cahill
Assistant District Attorney General
Huntingdon, Tennessee
Judge:ANDERSON
First Paragraph:
We granted this appeal to determine whether the trial court properly
ruled that the prosecution abused its discretion by failing to
consider all of the relevant factors in denying the defendant's
application for pretrial diversion, and whether the Court of Criminal
Appeals erred in remanding the case for an evidentiary hearing. The
Court of Criminal Appeals agreed that the prosecutor's written letter
denying diversion did not discuss all of the relevant factors, but
remanded for an evidentiary hearing to allow the prosecutor to testify
as to the factors that were considered in denying pretrial diversion.
http://www.tba.org/tba_files/TSC/Currycl_opn.WP6
MICHELLE BALL, for herself and as next of kin of
MIRANDA K. BALL, deceased
VS.
HAMILTON COUNTY EMERGENCY MEDICAL SERVICES
Court:TCA
Attorneys:
For Appellant For Appellee
MICHAEL E. RICHARDSON RHEUBIN M. TAYLOR
Poole, Thornbury, Morgan Hamilton County Attorney
& Richardson Chattanooga, Tennessee
Chattanooga, Tennessee
MARY NEILL SOUTHERLAND
Assistant Hamilton County Attorney
Chattanooga, Tennessee
Judge:SUSANO
First Paragraph:
This civil action was filed by Michelle Ball ("Ms. Ball") against
Hamilton County Emergency Medical Services ("HCEMS") and others,
seeking damages for the wrongful death of Ms. Ball's 16-month-old
daughter, Miranda K. Ball ("Miranda"). The suit against HCEMS brought
into play the provisions of the Governmental Tort Liability Act.
Following a bench trial, the court dismissed the complaint as to
HCEMS, finding that HCEMS did not have a duty to transport Miranda to
the hospital in the face of her mother's decision that the child's
condition was not such as to require a trip to the hospital. The
court further found that HCEMS's emergency medical technicians ("the
EMTs") did not violate their standard of care by failing to advise Ms.
Ball that croup could be life-threatening under certain circumstances.
http://www.tba.org/tba_files/TCA/Ballm_opn.WP6
CHARLES A. BUTLER
VS.
TENNESSEE DEPARTMENT OF CORRECTION
Court:TCA
Attorneys:
CHARLES A. BUTLER #136479
Northeast Correctional Center
P. O. Box 5000
Mountain City, Tennessee 37683
Pro Se/Petitioner/Appellant
JOHN KNOX WALKUP
Attorney General and Reporter
MICHAEL L. HAYNIE
Assistant Attorney General
425 Fifth Avenue North
Nashville, Tennessee 37243-0488
Attorney for Respondent/Appellee
Judge:CANTRELL
First Paragraph:
An inmate sentenced to seventy-five years imprisonment under the Class
X law filed a petition for writ of certiorari and for declaratory
judgment, claiming that he was entitled to have his sentence
recalculated under the more lenient statute that was enacted after he
was sentenced. The trial court dismissed the petition. We affirm.
http://www.tba.org/tba_files/TCA/Butlerca_opn.WP6
DOROTHY ANN ELLIS
VS.
FLORA TRENTHAM, BUD TRENTHAM, and JANICE TRENTHAM
Court:TCA
Attorneys:
DOROTHY ANN ELLIS, Pro Se
CYNTHIA RICHARDSON WYRICK OF SEVIERVILLE FOR APPELLEES
Judge:GODDARD
First Paragraph:
This suit was originated by Dorothy Ann Ellis against Flora Trentham,
Bud Trentham and Janice Trentham and seeks, in connection with the
parties' adjacent properties, the following relief:
1. That an injunction be issued against the defendants requiring
them to remove all road blocks to the Old County Road and requiring
them to replace the dirt removed from the side of the hill, and to
repair the Old County Road by placing it in the same condition it was
in prior to removal of the dirt;
2. That this Court perfect an easement that the plaintiff has
obtained by prescription in the Old County Road, thus providing the
plaintiff with access to her property;
3. That the defendants be ordered to cease all trespass on the
plaintiff's property, and be further required to remove all
improvements made by the defendant thereto;
4. That the plaintiff be awarded damages for unlawful trespass and
the resulting damage to the plaintiff's dwelling due to said trespass
and blockage of the Old County Road;
5. That, in the event that this Court does not perfect an easement
by prescription to the plaintiff, an easement be granted to the
plaintiff pursuant to Tenn. Code Ann. 54-14-103, such easement to
consist of sufficient metes and bounds and extend along the Old County
Road as previously existing; and
6. That this Court grant all other general relief to which the
plaintiff is entitled, including the costs of this cause.
http://www.tba.org/tba_files/TCA/Ellisda_opn.WP6
LARRY S. GOUGE and wife CAROL J. GOUGE
VS.
FRED B. RYAN, ET AL., and FRED B. RYAN
and
and TENNESSEE FARMERS MUTUAL INSURANCE COMPANY
MISTY A. GOUGE, a minor child, by
her parents and natural guardians,
LARRY S. GOUGE and CAROL J.
GOUGE
VS.
FRED B. RYAN, ET AL., and FRED B. RYAN
and
and TENNESSEE FARMERS MUTUAL INSURANCE COMPANY
Court:TCA
Attorneys:
SHELTON B. HILLMAN, JR., GORE & HILLMAN, Bristol, for
Plaintiffs-Appellants.
STEVEN C. ROSE, WEST & ROSE, Kingsport, for Defendant-Appellee.
Judge:FRANKS
First Paragraph:
The dispositive issue on this appeal is well stated by the appellant:
"Does the wording of the subject policy of insurance expand 'bodily
injury to a person' to include derivative claims."
http://www.tba.org/tba_files/TCA/Gougel_opn.WP6
JOHN D. HOWELL
VS.
DEAN CHASE, d/b/a CHASE HEATING AND AIR-CONDITIONING
Court:TCA
Attorneys:
PHILLIP L. DAVIDSON, Nashville, for Plaintiff-Appellant.
J. CHRISTOPHER CLEM, LUTHER-ANDERSON, PLLP, Chattanooga, for
Defendant-Appellee.
Judge:FRANKS
First Paragraph:
In this action plaintiff sued defendant for tortious injuries
allegedly occurring "at Chase Heating and Air Conditioning".
Plaintiff had recovered Worker's Compensation benefits from Steve
Mann, d/b/a Mann Mechanical Contracting, who intervened in this
action. The Trial Court, responding to a motion for summary judgment,
granted defendant summary judgment on the basis that Chase was a
statutory employer pursuant to T.C.A. S50-6-108 and S50-6-112.
http://www.tba.org/tba_files/TCA/Howellj_opn.WP6
CURLEY HOWSE
VS.
STATE OF TENNESSEE
Court:TCA
Attorneys:
CURLEY HOWSE #91611
Turney Center
Route 1
Only, Tennessee 37140
Pro Se/Claimant/Appellant
JOHN KNOX WALKUP
Attorney General and Reporter
SOHNIA W. HONG
Assistant Attorney General
425 Fifth Avenue North
Nashville, Tennessee 37243
Attorney for Respondent/Appellee
Judge:CANTRELL
First Paragraph:
An inmate filed a medical malpractice claim against the Department of
Correction. The Claims Commission granted summary judgment to the
Department. We affirm the Commission.
http://www.tba.org/tba_files/TCA/Howsec_opn.WP6
DAVID G. KNOBLE, JR. and SUZANNE E. KNOBLE
VS.
JOSEPH M. TAYLOR
Court:TCA
Attorneys:
JAMES D. KAY, JR.
JOHN B. ENKEMA
Suite 340M, Washington Square Two
Nashville, Tennessee 37201
Attorneys for Plaintiffs/Appellees
PAUL R. WHITE
ROBERT W. RUTHERFORD
Rutherford, DeMarco, White & Soloman
Suite 400, Washington Square
214 Second Avenue North
Nashville, TN 37201
Attorneys for Defendant/Appellant
Judge:COTTRELL
First Paragraph:
This appeal involves a dispute over a contract for the sale of real
property in Davidson County. The Seller appeals from a trial court
decision granting summary judgment to the Buyers for specific
performance of the contract. We affirm the trial court.
http://www.tba.org/tba_files/TCA/Knobled_opn.WP6
TERRY ROGERS
VS.
STATE OF TENNESSEE
Court:TCA
Attorneys:
HARRY A. WIERSEMA, JR.
422 S. Gay Street
Knoxville, Tennessee 37902
Attorney for Claimant/Appellant
JOHN KNOX WALKUP
Attorney General & Reporter
MARY G. MOODY
Senior Counsel
425 Fifth Avenue North
Nashville, Tennessee 37243
Attorney for Defendant/Appellee
Judge:CANTRELL
First Paragraph:
This is a dispute over whether the Claims Commission should have set
aside its order to dismiss the claim because an attorney of record for
the claimant was not notified of the motion to dismiss. We find,
however, that the order of dismissal was not validly entered according
to Rule 58, Tenn. R. Civ. Proc. We, therefore, remand the cause to
the Commission for consideration of the State's motion to dismiss for
failure to prosecute.
http://www.tba.org/tba_files/TCA/Rogerst_opn.WP6
SUZANNE SHERER, et al.
VS.
RAY ALLEN LINGINFELTER, et al.
Court:TCA
Attorneys:
ARTHUR G. SEYMOUR, JR., OF KNOXVILLE FOR APPELLANT UNITED SERVICES
AUTOMOBILE ASSOCIATION
JESS D. CAMPBELL OF KNOXVILLE FOR APPELLEES
Judge:GODDARD
First Paragraph:
This is an appeal from the judgment of the Trial Court sustaining a
motion for summary judgment in favor of Suzanne Sherer and Charles
Sherer, who appear as the natural guardians of Teal Sherer. The Trial
Court's action denied United Services Automobile Association (USAA),
the Sherers' underinsured motorist carrier, subrogation rights against
any recovery by the Sherers in a suit against General Motors. We
affirm the judgment of the Trial Court.
http://www.tba.org/tba_files/TCA/Sherersu_opn.WP6
JUDY SMITH STEWART
VS.
JOHNNIE STEWART
Court:TCA
Attorneys:
CYNTHIA M. RICHARDSON OF SEVIERVILLE FOR APPELLANT
REBECCA D. SLONE OF DANDRIDGE FOR APPELLEE
Judge:GODDARD
First Paragraph:
Johnnie Stewart appeals a judgment of the Circuit Court for Sevier
County which overruled his motion seeking to set aside a divorce
decree previously awarded to his wife, Judy Smith Stewart.
http://www.tba.org/tba_files/TCA/Stewartj_opn.WP6
TENNESSEE FARMERS MUTUAL INSURANCE COMPANY
VS.
JAMES INMAN and VEANNA INMAN
and
NELLY BUZIASHVILI
Court:TCA
Attorneys:
JOHN T. JOHNSON, JR., and AMANDA M. BELEW, KRAMER, RAYSON, LEAKE,
RODGERS & MORGAN, Knoxville, for Plaintiff-Appellee.
JERROLD L. BECKER, ARTHUR F. KNIGHT, III, and SAMUEL W. BROWN, BECKER,
THOMFORDE, BROWN & KNIGHT, P.C., Knoxville, for Intervening
Petitioner-Appellant.
Judge:FRANKS
First Paragraph:
In this declaratory judgment action, the Trial Judge held that the
Inmans' policy of insurance did not provide coverage for a wrongful
death action, because the exclusionary clause for intentional acts
applied. The intervenor has appealed.
http://www.tba.org/tba_files/TCA/Tnfmins_opn.WP6
ALVIN UNDERWOOD
VS.
CHARTER FEDERAL SAVINGS BANK
Court:TCA
Attorneys:
DAVID DAY, Cookeville, for Appellant/Cross-Appellee.
GREGORY C. LOGUE and MICHAEL J. KING, WOOLF, McCLANE, BRIGHT, ALLEN &
CARPENTER, PLLC., Knoxville, for Appellee/Cross-Appellant.
Judge:FRANKS
First Paragraph:
This is an appeal in an action for damages for wrongful execution,
where the jury awarded $105,000.00 in compensatory damages, and
$420,000.00 in punitive damages, and the Trial Judge suggested a
remittitur of $200,000.00 on the punitive damages award.
http://www.tba.org/tba_files/TCA/Undrwood_opn.WP6
STATE OF TENNESSEE
VS.
WALTER LEE "STEVE" ALLEN and GARY L. HANEY
Court:TCCA
Attorneys:
For the Appellants: For the Appellee:
Laura D. Perry John Knox Walkup
Perry & Perry Attorney General and Reporter
Attorney for Appellant,
Gary L. Haney Ellen H. Pollack
503 North Jackson Street Assistant Attorney General
Morristown, TN 37814 Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Edward H. Moody Nashville, TN 37243-0493
Asst. Public Defender
Attorney for Appellant,
Walter Lee Allen
1609 College Park Dr, Box 11 C. Berkeley Bell, Jr.
Morristown, TN 37813-1618 District Attorney General
Greg W. Eichelman Victor Vaughn
District Public Defender Asst. District Attorney General
510 Allison Street
Morristown, TN 37814
Judge:HAYES
First Paragraph:
The appellants, Walter Lee "Steve" Allen and Gary L. Haney, appeal the
verdict of a Hamblen County jury finding them guilty of robbery, a
Class C felony. At the sentencing hearing, the trial court sentenced
each appellant as range II multiple offenders to the maximum
applicable sentence of ten years. The appellants raise three issues
for our review in their appeal as of right: (1) challenges to the
identification process; (2) the sufficiency of the convicting
evidence; and (3) the trial court's imposition of an "excessive"
sentence and the imposition of consecutive sentences.
http://www.tba.org/tba_files/TCCA/Allenwl_opn.WP6
STATE OF TENNESSEE
VS.
GENE IVAN AMANNS
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Mark E. Stephens John Knox Walkup
District Public Defender Attorney General and Reporter
Paula R. Voss Clinton J. Morgan
Jamie Niland Assistant Attorney General
Asst. Public Defenders Criminal Justice Division
1209 Euclid Avenue 425 Fifth Avenue North
Knoxville, TN 37921 2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
Scott Green
Asst. District Attorney General
City-County Building
Knoxville, TN 37902
Judge:HAYES
First Paragraph:
The appellant, Gene Ivan Amanns, was convicted by a jury in the Knox
County Criminal Court of theft of property, a class D felony. The
trial court imposed a four year sentence of split confinement and
ordered the appellant to serve six months in jail followed by
supervised probation. In addition, he was ordered to pay restitution
in the sum of $1,494.50. In this appeal, we address the dispositive
issue of whether the appellant's conduct constitutes the crime of
theft.
http://www.tba.org/tba_files/TCCA/Amannsgi_opn.WP6
JERRY E. BIGGS
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Jeffery S. Frensley John Knox Walkup
211 Third Avenue North Attorney General and Reporter
P.O. Box 198288
Nashville, TN 37219-8288 Daryl J. Brand
Senior Counsel
Criminal Justice Division
425 Fifth Avenue North
Nashville, TN 37243
Roger Moore
Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201
Judge:WADE
First Paragraph:
The petitioner, Jerry E. Biggs, appeals from the trial court's denial
of his application for post-conviction relief. In this appeal of
right, the single issue presented for review is whether the trial
court erred by concluding that the guilty plea of the petitioner was
knowingly and voluntarily made.
We affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Biggsje_opn.WP6
STATE OF TENNESSEE
VS.
CHARLES A. CRENSHAW, a.k.a "BOO"
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
BRENT HORST JOHN KNOX WALKUP
42 Rutledge St. Attorney General & Reporter
Nashville, TN 37210
(On Appeal) KIM R. HELPER
Asst. Attorney General
ROGER SINDLE Cordell Hull Bldg., 2nd Fl.
103 Bluegrass Commons Blvd. 425 Fifth Ave., North
Hendersonville, TN 37075 Nashville, TN 37243-0493
(At Trial)
LAWRENCE RAY WHITLEY
District Attorney General
DEE GAY
Asst. District Attorney General
113 West Main St.
Gallatin, TN 37066
Judge:PEAY
First Paragraph:
On April 1, 1997, the defendant was found guilty by a jury of
facilitation of the sale of cocaine and of possession of marijuana.
The defendant was sentenced as a Range II multiple offender to a term
of eight years for the facilitation of the sale of cocaine and a term
of eleven months, twenty-nine days for the possession of marijuana.
These sentences were to run consecutively and were to be served in the
Tennessee Department of Correction. The defendant's subsequent motion
for a new trial was denied by the trial court. The defendant now
appeals and argues that he was denied the effective assistance of
counsel. After a review of the record and applicable law, we find the
defendant's contention to be without merit and thus affirm the
judgment of the court below.
http://www.tba.org/tba_files/TCCA/Crenshaw_opn.WP6
STATE OF TENNESSEE
VS.
DUSTIN DWAYNE DAVIS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GREGORY P. ISAACS (on appeal) JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
P.O. Box 2448
Knoxville, TN 37901 TODD R. KELLEY
Assistant Attorney General
SUSAN E. SHIPLEY (at trial) 425 Fifth Ave. N., 2d Floor
Attorney at Law Nashville, TN 37243-0493
602 S. Gay St., Ste. 501
Knoxville, TN 37902 RANDALL E. NICHOLS
District Attorney General
ROBERT JOLLEY
Asst. District Attorney General
City-County Bldg.
Knoxville, TN 37902
Judge:WITT
First Paragraph:
The defendant, Dustin Dwayne Davis, appeals from his convictions of
especially aggravated robbery, theft, especially aggravated kidnapping
and two counts of aggravated rape. He received these convictions in
the Knox County Criminal Court following a trial before a jury of his
peers. He is presently serving an effective 100-year sentence
consecutively to a sentence for other criminal activity.
http://www.tba.org/tba_files/TCCA/Davisdd_opn.WP6
STATE OF TENNESSEE
VS.
CHARLES HAYES
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CLIFFORD K. McGOWN, JR. JOHN KNOX WALKUP
113 North Court Square Attorney General and Reporter
Waverly, TN 37185
DARYL J. BRAND
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
MIKE McCOWEN
District Attorney General
P.O. Box 45
Fayetteville, TN 37334
Judge:WELLES
First Paragraph:
The Defendant pleaded guilty to and was convicted of two counts of
aggravated burglary, two counts of theft, and one count of evading
arrest. Sentencing was left to the discretion of the trial judge. On
appeal, the Defendant argues that his sentence is excessive. We
disagree and affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Hayesch_opn.WP6
CHARLES HAYNES
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JUDSON W. PHILLIPS JOHN KNOX WALKUP
315 Deaderick St., Suite 2395 Attorney General & Reporter
Nashville, TN 37238-2395
(On Appeal) DARYL J. BRAND
Asst. Attorney General
Cordell Hull Bldg., 2nd Fl.
425 Fifth Ave., North
Nashville, TN 37243-0493
RON DAVIS
District Attorney General
P.O. Box 937
Franklin, TN 37065-0937
Judge:PEAY
First Paragraph:
The petitioner was indicted by the Hickman County grand jury for
first-degree murder. The petitioner's first trial resulted in a hung
jury. At his second trial, he was found guilty by a jury of the
indicted charge and sentenced to a term of life in prison. On direct
appeal, the petitioner's conviction was affirmed. The petitioner
subsequently filed a petition for post-conviction relief. After a
hearing, the post-conviction court denied the petition. The
petitioner now appeals and contends that he did not receive the
effective assistance of counsel and that newly discovered evidence
exists that would entitle him to a new trial. After a review of the
evidence and the applicable law, we find no merit to the petitioner's
contentions and thus affirm the lower court's denial of his petition
for post-conviction relief.
http://www.tba.org/tba_files/TCCA/Haynesc_opn.WP6
STATE OF TENNESSEE
VS.
LESLIE R. HOLT
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Jay Norman John Knox Walkup
Attorney for Appellant Attorney General and Reporter
213 Third Avenue, North
Nashville, TN 37201 Timothy Behan
Assistant Attorney General
425 Fifth Avenue, North
Cordell Hull Building, Second Floor
Nashville, TN 37243-0493
Robert Hibbett
Assistant District Attorney General
119 College Street
Lebanon, TN 37087
Judge:WADE
First Paragraph:
The defendant, Leslie R. Holt, was convicted of felony reckless
endangerment. The jury acquitted the defendant on a related charge of
aggravated assault. The trial court imposed a Range I sentence of two
years with supervised probation after service of thirty days.
http://www.tba.org/tba_files/TCCA/Holtlr_opn.WP6
STATE OF TENNESSEE
VS.
MICHAEL D. MARTIN, JR.
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Lionel R. Barrett, Jr., John Knox Walkup
Washington Sq. Two, Ste 418 Attorney General and Reporter
222 Second Avenue North
Nashville, TN 37201 Timothy Behan
Assistant Attorney General
Second Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243-0493
Katy Novak Miller
Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
Judge:WADE
First Paragraph:
The defendant, Michael D. Martin, Jr., entered pleas of guilt to
vandalism and burglary. The plea agreement provided that the
sentences would be concurrent and that, after a hearing, the trial
court would determine both the length of the sentence and the method
of service. At the conclusion of the sentencing hearing, the trial
court imposed a six-year sentence for vandalism over $10,000.00, a
Class C felony, and a four-year sentence for burglary, a Class D
felony.
http://www.tba.org/tba_files/TCCA/Martinmd_opn.WP6
STATE OF TENNESSEE
VS.
JOHN PERRY ROBERTS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Terry L. Jordan John Knox Walkup
Assistant Public Defender Attorney General & Reporter
2nd Judicial District
Office of the Public Defender Ellen H. Pollack
P.O. Box 839 Assistant Attorney General
Blountville, TN 37617 Criminal Justice Division
425 Fifth Avenue North
Nashville, TN 37243
Judge:BYERS
First Paragraph:
The defendant entered nolo contendere pleas in case number S39,082 to
two counts of reckless endangerment, for which he was sentenced to
serve two one year sentences to be served concurrently. The defendant
also entered nolo contendere pleas to three counts of reckless
endangerment, for which he was sentenced to serve one year each to be
served concurrently but consecutive to the sentences in case number
S39,082. He also entered a nolo contendere plea to reckless
aggravated assault, for which he was sentenced to serve three years.
This sentence was to run concurrent to the other sentences and
consecutive to the sentences in case number S39,082 for an aggregate
sentence of four years.
http://www.tba.org/tba_files/TCCA/Robertsj_cca.WP6
STATE OF TENNESSEE
VS.
PENNIE W. WATSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
SHIPP R. WEEMS JOHN KNOX WALKUP
District Public Defender Attorney General and Reporter
ROBERT H. STOVALL, JR. TIMOTHY BEHAN
Assistant Public Defender Assistant Attorney General
P. O. Box 160 425 Fifth Avenue North
Charlotte, TN 37036 Nashville, TN 37243-0493
DAN ALSOBROOKS
District Attorney General
GEORGE C. SEXTON
Assistant District Attorney
Room 206
Humphreys County Courthouse
Waverly, TN 37185
Judge:SMITH
First Paragraph:
This matter is an appeal of right by Appellant, Pennie Watson, from
Division I of the Humphreys County Circuit Court. In April 1997,
Appellant was convicted by a jury for driving on a revoked license.
The trial court sentenced Appellant to six months in jail, suspended
with two days to be served in confinement. In May 1997, Appellant's
motion for a new trial was denied. In August 1997, Appellant filed a
notice of appeal to this Court raising the issue of whether it was
proper for the trial court to deny her request for a jury charge on
the defense of necessity.
http://www.tba.org/tba_files/TCCA/Watsopen_opn.WP6
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