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):
 
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
04 New Opinion(s) from the Tennessee Court of Appeals
04 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

			
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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