April 9 , 1999
Volume 5 -- Number 047
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.
|00||New Opinion(s) from the Tennessee Supreme Court|
|02||New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel|
|00||New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court|
|00||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
BECHTEL CONSTRUCTION COMPANY, ET AL VS. VIVIAN CAMPBELL Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Robert A. Fox David F. Hensley FOX & FARMER MILLIGAN, BARRY, HENSLEY 5726 Marlin Road, Ste 200 & EVANS Chattanooga, TN 37411 800 First Tennessee Building 700 Market Street Chattanooga, N 37402 Judge:INMAN 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. The issue in this case is whether the evidence preponderates against the finding of the trial court that the employee did not suffer a compensable injury or an aggravation thereof within the purview of the workers' compensation laws. Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the finding, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. S 50-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995). http://www.tba.org/tba_files/TSC_WCP/Bechtel_wc3.WP6
DENISE STAVROPOULOS VS. SATURN CORPORATION Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Thomas H. Peebles, IV J. Anthony Arena Dana C. McLendon, III Schulman, LeRoy & Bennett, P.C. Waller Landsen Dortch & Davis 501 Union Building, 7th Floor 809 S. Main Street, Suite 300 P. O. Box 190676 Post Office Box 1035 Nashville, TN 37219-0676 Judge:INMAN 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. Denise Stavropoulos (employee), suffered bilateral hand numbness and later severe neck pain with no identifiable precipitating event. Massive cervical disc herniation was diagnosed and corrective surgery was performed. The trial court found the condition to be work-related and awarded 90 percent permanent partial vocational disability, in lump sum, and temporary total disability benefits, set off by group disability benefits which had been paid as of the date of trial. http://www.tba.org/tba_files/TSC_WCP/Stavrop_opn.WP6
STATE OF TENNESSEE VS. TONY A. BAKER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOE R. JOHNSON, II JOHN KNOX WALKUP 509 West Court Square Attorney General and Reporter Springfield, TN 37172 DARYL J. BRAND Senior Counsel 425 Fifth Avenue North Nashville, TN 37243 JOHN CARNEY District Attorney General DENT MORRISS Assistant District Attorney Main Street Springfield, TN 37172 Judge:SMITH First Paragraph: On February 11, 1997, a Robertson County jury convicted Appellant Tony A. Baker of two counts of selling cocaine. After a sentencing hearing on April 11, 1997, the trial court sentenced Appellant as a Range II multiple offender to a term of eight years imprisonment for each count, with the sentences to run consecutively. Appellant challenges both his convictions and his sentences, raising the following issues: 1) whether the evidence was sufficient to support his convictions; 2) whether the trial court imposed sentences of excessive length; and 3) whether the trial court erred when it imposed consecutive sentencing. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Bakerton_opn.WP6
BYRON LEWIS BLACK VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Donald E. Dawson John Knox Walkup Post-Conviction Defender Attorney General of Tennessee Paul N. Buchanan Michael E. Moore Post Conviction Defender Solicitor General 1320 Andrew Jackson Building 500 Deaderick Street Kenneth W. Rucker Nashville, TN 37243 Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Victor S. Johnson, III District Attorney General John Zimmermann Assistant District Attorney General Washington Square, 222 2nd Ave. N. Nashville, TN 37201-1649 Judge:TIPTON First Paragraph: The petitioner, Byron Lewis Black, appeals as of right from the order of the Davidson County Criminal Court denying him post-conviction relief for three first degree murder convictions and one burglary conviction he received in 1989. The petitioner was sentenced to death for one of the murders with the jury finding six aggravating circumstances to be applicable. He received consecutive life sentences for the other two murders and a fifteen-year sentence for the burglary. The judgments of conviction were affirmed on direct appeal. State v. Black, 815 S.W.2d 166 (Tenn. 1991). http://www.tba.org/tba_files/TCCA/Blackbl_opn.WP6
STATE OF TENNESSEE VS. MARTY CROUCH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: THOMAS H. MILLER JOHN KNOX WALKUP P.O. Box 681662 Attorney General & Reporter Franklin, TN 37068-1662 (On Appeal) TIMOTHY BEHAN Asst. Attorney General JAMES E. BROCKMAN Cordell Hull Bldg., 2nd Fl. P.O. Box 25 425 Fifth Ave., North Parsons, TN 38363 Nashville, TN 37243-0493 (At Trial) RON DAVIS District Attorney General DONALD W. SCHWENDIMANN Asst. District Attorney General 481 East Main St. Hohenwald, TN 38462 Judge:PEAY First Paragraph: On February 22, 1996, the defendant was found guilty by a jury of one count of possession of marijuana, one count of possession of drug paraphernalia, and one count of possession of a handgun by one who has been convicted of a felony drug offense. The defendant was subsequently sentenced to a term of eleven months, twenty-nine days with regard to the possession of marijuana and drug paraphernalia and a term of three years with regard to the possession of a handgun. These sentences were to run concurrently to each other and were to be served in the Tennessee Department of Correction. http://www.tba.org/tba_files/TCCA/Crouchm_opn.WP6
STATE OF TENNESSEE VS. CEDRIC K. HARTS Court:TCCA Attorneys: For the Appellant: For the Appellee: Carlton M. Lewis John Knox Walkup 208 Third Avenue North Attorney General of Tennessee Nashville, TN 37201 and Elizabeth B. Marney Assistant Attorney General of Tennessee 425 Fifth Ave., North Nashville, TN 37243-0493 Victor S. Johnson, III District Attorney General and Katrin N. Miller Assistant District Attorney General Washington Square 222 2nd Avenue North Nashville, TN 37201-1649 Judge:TIPTON First Paragraph: The defendant, Cedric K. Harts, was convicted by a jury in the Davidson County Criminal Court for rape, a Class B felony. He received a nine-year sentence as a Range I, standard offender. In this appeal as of right, he contends that: (1) the trial court erred by refusing to suppress his statement to police given at the time of his arrest in violation of his rights provided by Miranda v. Arizona, 384 U.S. 436, 86 S. Ct. 1602 (1966); and (2) the trial court erred by instructing the jury regarding minimum release eligibility from confinement in violation of due process and separation of powers. We affirm the trial court. http://www.tba.org/tba_files/TCCA/Hartsck_opn.WP6
STATE OF TENNESSEE VS. ANDRE L. HENDERSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LARRY D. DROLSUM JOHN KNOX WALKUP Assistant Public Defender Attorney General and Reporter 407 C. Main Street P. O. Box 68 DARYL J. BRAND Franklin, TN 37065-0068 Senior Counsel KIM R. HELPER Legal Assistant 425 Fifth Avenue North Nashville, TN 37243-0493 JOE D. BAUGH, JR. District Attorney General DEREK SMITH Assistant District Attorney P. O. Box 937 Franklin, TN 37065-0937 Judge:SMITH First Paragraph: On November 24, 1997, Appellee Andre L. Henderson pled guilty to one count of aggravated robbery. Following a two-day sentencing hearing on January 9 and 20, 1998, the trial court sentenced Appellee as a Range I standard offender to eight years in the Community Corrections Program. On January 22, 1998, the State filed a motion to reconsider sentence. After a hearing, the trial court denied the motion. The State challenges the denial of its motion, raising the following issue: whether a defendant who is convicted of aggravated robbery can be sentenced to a term in the Community Corrections Program. After a review of the record, we reverse the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Henderan_opn.WP6
STATE OF TENNESSEE VS. JUAN ALFONZO HILL Court:TCCA Attorneys: For the Appellant: For the Appellee: Fred Lance John Knox Walkup 804 West Market Street Attorney General of Tennessee Johnson City, TN 37601 and Sandy C. Patrick Assistant Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 David E. Crockett District Attorney General Route 19, Box 99 Johnson City, TN 37601 and Joe Crumley Assistant District Attorney General P.O. Box 38 Jonesborough, TN 37659 Judge:TIPTON First Paragraph: The defendant, Juan Alfonzo Hill, appeals as of right following his conviction by a jury in the Washington County Criminal Court for rape of a child, a Class A felony. The defendant was sentenced to thirty-five years confinement to be served in the custody of the Department of Correction as a Range II, multiple offender and was fined twenty-five thousand dollars. In this appeal, the defendant presents the following issues for our review: (1) whether the trial court erred by allowing extensive questioning of the defendant on cross-examination about his previous convictions; (2) whether the trial court erred by admitting a prejudicial tape-recorded conversation between the defendant and the officer investigating his case; and (3) whether the trial court imposed an excessive sentence. We affirm the judgment of conviction. http://www.tba.org/tba_files/TCCA/Hillja_opn.WP6
HAROLD DAVID JONES VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: MICHAEL R. JONES District Public Defender 109 South Second Street Clarksville, TN 37040 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter MARVIN E. CLEMENTS, JR. Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 JOHN WESLEY CARNEY, JR. District Attorney General DENT MORRISS Assistant District Attorney General 500 South Main Street Springfield, TN 37172 Judge:RILEY First Paragraph: Petitioner, Harold David Jones, appeals from the dismissal of his petition for post-conviction relief by the Circuit Court of Robertson County. Previously, he entered a nolo contendere plea to second degree murder and received a Range II sentence of 35 years. The following issues are presented for our review: 1. whether the petition was filed within the applicable statute of limitations; and 2. whether the nolo contendere plea was the result of ineffective assistance of counsel. We find no reversible error and AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Joneshd_opn.WP6
STATE OF TENNESSEE VS. JOSEPH FRANK LYLES ORDER Court:TCCA Judge:RILEY First Paragraph: Appellant, Joseph Frank Lyles, was charged with committing an aggravated assault on November 5, 1997, while on probation from an earlier felony conviction. A probation violation warrant was filed on December 7, 1997. The trial court conducted a full hearing and found appellant in violation. As a result, appellant's probation was extended an additional six months. Appellant challenges that extension of his probation. http://www.tba.org/tba_files/TCCA/Lylesjf_opn.WP6
STATE OF TENNESSEE VS. RICKY HARLIN NEAL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RICHARD J. BRODHEAD JOHN KNOX WALKUP Cedars Center Attorney General & Reporter 307 West Main St. Lebanon, TN 37087 GEORGIA BLYTHE FELNER Asst. Attorney General Cordell Hull Bldg., 2nd Fl. 425 Fifth Ave., North Nashville, TN 37243-0493 TOM P. THOMPSON District Attorney General ROBERT HIBBETT Asst. District Attorney General 119 South College St. Lebanon, TN 37087 Judge:PEAY First Paragraph: The Wilson County grand jury indicted the defendant on five counts of incest. The defendant pled guilty to one count of incest, and the remaining counts were dismissed. At the subsequent sentencing hearing, the trial judge denied probation and sentenced the defendant to a term of five years to be served in the Tennessee Department of Correction. The defendant now appeals this sentence, contending that it is "excessive in that the testimony . . . does not justify that the [d]efendant should serve the five year sentence in the [s]tate [p]enitentiary instead of on probation . . . . " It is unclear if the defendant is attacking the length of his sentence or only the denial of probation. After a review of the record and applicable law, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Nealrh_opn.WP6
STATE OF TENNESSEE VS. RICKY HARLIN NEAL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LARRY M. WARNER JOHN KNOX WALKUP Attorney for Jack Thomas Norris Attorney General and Reporter P. O. Box 601 Crossville, TN 38557 MARVIN E. CLEMENTS, JR. Assistant Attorney General MARGARET JANE POWERS 425 Fifth Avenue North Attorney for Ernest Ray Meadows Nashville, TN 37243-0493 79 North Main Street Crossville, TN 38555-4576 BILL GIBSON District Attorney General ANTHONY J. CRAIGHEAD Assistant District Attorney 145 South Jefferson Street Cookeville, TN 38501 DAVID PATTERSON Assistant District Attorney 206 East Second Street Crossville, TN 38555 Judge:SMITH First Paragraph: The appellants, Jack Thomas Norris and Earnest Ray Meadows, were convicted by a Cumberland County jury of attempted first degree murder. Norris received a sentence of 24 years for his conviction, and Meadows was sentenced to 22 years. On appeal, Norris and Meadows raise several joint issues for our consideration: 1) whether the evidence presented by the state was sufficient to support the jury's verdict; 2) whether the trial court erred in denying a motion for a continuance; 3) whether the prosecution improperly used the "missing witness" argument in its closing; and 4) whether the trial court erred in refusing to grant a new trial after a juror attempted to impeach its own verdict. Additionally, Meadows claims that the trial court erred by denying his motion in limine regarding expert testimony. After a thorough review of the record before this Court, we affirm the judgment of the trial court as to both Appellants. http://www.tba.org/tba_files/TCCA/Norrisja_opn.WP6
ROBERT LEE SHEFFIELD VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM M. KALUDIS JOHN KNOX WALKUP 211 Third Avenue North Attorney General & Reporter Nashville, TN 37201 TIMOTHY BEHAN Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 VICTOR S. JOHNSON, III District Attorney General JON SEABORG Assistant District Attorney General Washington Square, Suite 500 222 2nd Avenue North Nashville, TN 37201-1649 Judge:WOODALL First Paragraph: The Petitioner, Robert Lee Sheffield, appeals as of right the Davidson County Criminal Court's dismissal of his petition for post-conviction relief. In this appeal, Petitioner argues that he received the ineffective assistance of trial counsel. After a careful review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Shffldrl_opn.WP6
STATE OF TENNESSEE VS. ANDRADE BRUCE WILLIAMS, JR. Court:TCCA Attorneys: For the Appellant: For the Appellee: Terry J. Canady John Knox Walkup Attorney at Law Attorney General and Reporter 211 Printer's Alley Bldg. Suite 400 Kim R. Helper Nashville, TN 37201 Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Victor S. (Torry) Johnson III District Attorney General Kymberly Haas Asst. District Attorney General Washington Sq., Suite 500 222-2nd Ave. North Nashville, TN 37243-0493 Judge:HAYES First Paragraph: The appellant, Andrade Bruce Williams, Jr., was convicted by a jury in the Davidson County Criminal Court of first degree murder and attempted especially aggravated robbery. The trial court imposed a sentence of life imprisonment for the murder and ten years for the attempted robbery. The sentences were ordered to run concurrently. In his appeal as of right, the appellant raises two issues for our review: (1) admission of the appellant's statements which were allegedly obtained upon promises of leniency and (2) failure to admit evidence of the victim's reputation for violence. Following review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Wmsab_opn.WP6
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