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August 20, 1999
Volume 5 -- Number 114
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):
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New Opinion(s) from the Tennessee Supreme Court |
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New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel |
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New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court |
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New Opinion(s) from the Tennessee Court of Appeals |
| 04 |
New Opinion(s) from the Tennessee Court of Criminal Appeals |
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New Judicial Ethics Opinion(s) |
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New Formal Ethics Opinion(s) from the Board of Professional Responsibility |
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Lucian T. Pera
Editor-in-Chief, TBALink
IN THE MATTER OF:
REVIEW OF AD VALOREM ALL ASSESSMENTS
ASSESSMENTS OF PUBLIC UTILITY COMPANIES FOR
TAX YEAR 1998
Court:TCA
Judge:CRAWFORD
First Paragraph:
This case is a direct appeal of administrative proceedings of the
Tennessee State Board of Equalization (Board).
Petitioners/Appellants, Metropolitan Government of Nashville and
Davidson County, Shelby County, and Williamson County, seek review of
the Board's grant of equalization relief to centrally assessed public
utility taxpayers by reducing their tangible personal property
valuations by fifteen percent for the 1998 tax year.
http://www.tba.org/tba_files/TCA/Assessmt_opn.WP6
GREETER CONSTRUCTION COMPANY
VS.
RICHARD A. TICE and NANCY TICE
Court:TCA
Attorneys:
WILLIAM L. ABERNATHY, JR.
Leitner, Williams, Cooley
and Napolitan
2300 First American Center
Nashville, Tennessee 37238-2300
ATTORNEY FOR PLAINTIFF/APPELLANT
PETER H. CURRY
Tuke Yopp & Sweeney
NationsBank Plaza, Suite 1100
414 Union Street
Nashville, Tennessee 37219
ATTORNEY FOR DEFENDANTS/APPELLEES
Judge:CAIN
First Paragraph:
This appeal represents a consolidated case commenced by Appellant,
Greeter Construction Company (hereafter Greeter) against the Appellees
Richard and Nancy Tice. Greeter had sued the Tices for an amount
allegedly owed under a construction contract. The Tices
counterclaimed for breach of said contract.
http://www.tba.org/tba_files/TCA/Greeterc_opn.WP6
IN THE MATTER OF WAYNE H.
WITH CONCURRING OPINION
Court:TCA
Attorneys:
JOHN P. CAULEY
Assistant Public Defender
407-C Main Street
P. O. Box 68
Franklin, Tennessee 37065-0068
ATTORNEY FOR APPELLANT
PAUL G. SUMMERS
Attorney General & Reporter
DARYL J. BRAND
Associate Solicitor General
425 Fifth Avenue North
Nashville, Tennessee 37243
ATTORNEYS FOR STATE OF TENNESSEE
Judge:CAIN
First Paragraph:
In April of 1998 Appellant, Wayne H. was a fourteen year old child
enrolled in the Williamson County School District as a special
education student. For reasons not detailed in the record, he had
been under the supervision of the Davidson County Juvenile Court. His
case manager, Lloyd Jernigan of the Dee Dee Wallace Center, arranged
for him to live with his maternal grandmother in Williamson County.
Upon moving to his grandmother's home he was enrolled in Williamson
County's Page Middle School in special education class for children
with behavioral problems.
http://www.tba.org/tba_files/TCA/Wayneh_opn.WP6
CONCURRING OPINION:
http://www.tba.org/tba_files/TCA/Wayneh_con.WP6
LINDA L. MIRES
VS.
DAVID CLAY AND BILL HAYES, ET AL
Court:TCA
Attorneys:
James H. Bradberry & Associtaes of Dresden
For Appellee
H. Max Speight of Martin
For Appellant, Bill Hayes
Judge:CRAWFORD
First Paragraph:
This case involves the violation of the Tennessee Consumer Protection
Act (TCPA) in connection with a breach of a residential construction
contract. Defendant, Bill Hayes, appeals the judgment of the trial
court on a jury verdict awarding plaintiff, Linda Mires, $5,000.00 for
violation of TCPA and the trial court's order awarding plaintiff
$5,907.50 in attorney fees and expenses.
http://www.tba.org/tba_files/TCA/Miresll_opn.WP6
STATE OF TENNESSEE
VS.
HUBERT D. PATTY
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Hubert D. Patty Paul G. Summers
P.O. Box 5449 Attorney General and Reporter
Maryville, TN 37804-2401 425 Fifth Avenue North
Nashville, TN 37243
Michael J. Fahey II
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
Nashville, TN 37243
Judge:OGLE
First Paragraph:
Attorney, Hubert D. Patty, appeals as of right the judgment of the
Blount County Criminal Court summarily holding him in criminal
contempt and imposing a fine of fifty dollars ($50.00). The trial
court also taxed the appellant with court costs stemming from his
conduct, amounting to nine hundred and twenty-five dollars and
twenty-two cents ($925.22). The appellant presents the following
issues for our review: 1. Whether the evidence is sufficient to
support the trial court's judgment. 2. Whether the trial court
denied the appellant due process of law. 3. Whether Judge D. Kelly
Thomas, Jr., should have recused himself from the contempt
proceedings.
Following a thorough review of the record and the parties' briefs, we
reverse the judgment of the trial court and remand this case for
proceedings consistent with this opinion.
http://www.tba.org/tba_files/TCCA/Boruffd_opn.WP6
STATE OF TENNESSEE
VS.
BARRY DAVIS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GARY F. ANTRICAN PAUL G. SUMMERS
District Public Defender Attorney General & Reporter
JULIE K. PILLOW R. STEPHEN JOBE
Assistant Public Defender Assistant Attorney General
P.O. Box 700 2nd Floor, Cordell Hull Building
Somerville, TN 38068 425 Fifth Avenue North
(At Trial) Nashville, TN 37243
CLIFFORD K. McGOWN, JR. ELIZABETH T. RICE
113 North Court Square District Attorney General
Waverly, TN 37185
(On Appeal Only) JAMES WALTER FREELAND, JR.
Assistant District Attorney General
302 Market Street
Somerville, TN 38068
Judge:WOODALL
First Paragraph:
The Defendant, Barry Davis, appeals as of right from his convictions
in the Circuit Court of Lauderdale County. Following a jury trial,
Defendant was convicted of first degree murder and assault. The trial
court sentenced Defendant to life imprisonment for first degree murder
and to a concurrent sentence of eleven (11) months and twenty nine
(29) days for assault. Defendant presents the following two issues
for review in this appeal: 1. Was the evidence sufficient to support
Defendant's conviction for first degree murder; and
2. Did the trial court abuse its discretion in permitting certain
rebuttal argument from the State.
After a careful review of the record, we affirm the judgment of the
trial court.
http://www.tba.org/tba_files/TCCA/Davisb_opn.WP6
STATE OF TENNESSEE
VS.
DERRICK SAYLES
WITH DISSENTING OPINION
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JEFFREY S. GLATSTEIN MICHAEL E. MOORE
200 Jefferson, Suite 1313 Solicitor General
Memphis, TN 38103
(On Appeal) PETER M. COUGHLAN
Asst. Attorney General
EDWIN C. LENOW John Sevier Bldg.
100 North Main Bldg. 425 Fifth Ave., North
Memphis, TN 38103 Nashville, TN 37243-0493
(At Trial)
WILLIAM L. GIBBONS
District Attorney General
JAMES A. WAX, JR.
-and-
PATIENCE R. BRANHAM
Asst. District Attorneys General
201 Poplar Ave., Ste. 301
Memphis, TN 38103-1947
Judge:RILEY
First Paragraph:
A jury found the defendant guilty of the second degree murder of
Marvin Randolph. The defendant now appeals, raising the following
issues for our review: I. whether the evidence is sufficient to
support the defendant's conviction;
II. whether the trial court abused its discretion by refusing to
allow defense counsel to cross-examine a state witness regarding
possible promises made in exchange for his testimony;
III. whether the trial court abused its discretion in allowing
extensive juror questioning of a state witness;
IV. whether the state committed plain error by asking the defendant
on cross-examination whether he had ever "borrowed" someone's car
without permission; and
V. whether cumulative error requires a new trial.
Finding error in the refusal to allow defense counsel to develop
impeachment proof of the state's key witness, we REVERSE and REMAND
for a new trial.
http://www.tba.org/tba_files/TCCA/Saylesde_opn.WP6
DISSENTING OPINION:
http://www.tba.org/tba_files/TCCA/SaylesDD_dis.WP6
STATE OF TENNESSEE
VS.
AARON A. WINTERS and DERWIN V. THOMAS
Court:TCCA
Attorneys:
FOR THE APPELLANTS: FOR THE APPELLEE:
STEPHEN R. LEFFLER MICHAEL E. MOORE
Counsel for Defendant Winters Solicitor General
50 North Front Street, Suite 999
Memphis, TN 38103 PETER M. COUGHLAN
Assistant Attorney General
GLENN I. WRIGHT 2nd Floor, Cordell Hull Building
Counsel for Defendant Thomas 425 Fifth Avenue North
200 Jefferson Avenue, Suite 300 Nashville, TN 37243
Memphis, TN 38103
JOHN W. PIEROTTI
District Attorney General
PAUL F. GOODMAN
Assistant District Attorney General
JENNIFER NICHOLS
Assistant District Attorney General
Criminal Justice Center, Suite 301
201 Poplar Avenue
Memphis, TN 38103
Judge: WOODALL
First Paragraph:
The Defendants, Aaron A. Winters and Derwin V. Thomas, appeal as of
right their multiple convictions in the Shelby County Criminal Court.
In this appeal, Defendants present the following issues for review:
I. Was the evidence sufficient to convict the Defendants (Defendant
Winters' Issue III and Defendant Thomas' Issues I and V);
II. Was Defendant Winters entitled to have his trial severed from
that of Defendant Thomas (Defendant Winters' Issue IV);
III. Did the trial court err in admitting two photographs of the
victims (Defendant Thomas' Issue II);
IV. Did the State violate the Brady rule (Defendant Thomas' Issue
III);
V. Did the trial court err in admitting letters written by
Defendant Thomas as statements against interest (Defendant Thomas'
Issue IV);
VI. Did the trial court err in allowing lay witness Alvinse
Fitzgerald to testify about Defendant Thomas' handwriting (Defendant
Thomas' Issue VI);
VII. Did the trial court err in admitting Defendant Winters'
statement to police and his letter to a third party (Defendant
Winters' Issues I and II);
VIII. Did the trial court err in allowing the victims' family
members to testify regarding the loss of the victims (Defendant
Thomas' Issue VII); and
IX. Were the aggravators found by the jury in imposing Defendant
Thomas' sentence supported by the evidence (Defendant Thomas' Issue
VIII).
After a careful review of the record, we affirm the judgments of the
trial court.
http://www.tba.org/tba_files/TCCA/Wintrsaa_opn.WP6
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