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January 28, 2000
Volume 6 -- Number 013
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 |
| 15 |
New Opinion(s) from the Tennessee Court of Appeals |
| 15 |
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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Click the URL at end of each Opinion paragraph below. This option
will allow you to download the original WordPerfect 6.0 document.
Lucian T. Pera
Editor-in-Chief, TBALink
ADVANTAGE FUNDING CORP.
VS.
MID-TENNESSEE MANUFACTURING CO., INC. and JAMES T. HALL
Court:TCA
Attorneys:
For Plaintiff/Appellant: For Defendants/Appellee:
Steven R. Sharp Not represented on appeal
BUFFALOE & SHARP
Nashville, Tennessee
Judge: KOCH
First Paragraph:
This appeal involves a dispute arising out of a factoring agreement
and a related personal guarantee. After the debtor declined to pay
the receivable, the factor filed suit in the Circuit Court for
Montgomery County against the company from which it purchased the
receivable and the company's president alleging that the company had
breached its warranties in the factoring agreement and that the
company's president had refused to honor his personal guarantee. The
trial court, sitting without a jury, awarded the factor a judgment
against the company that sold the receivable but dismissed the
factor's claims against the seller's president. The factor asserts on
this appeal that the trial court erred by dismissing its claim against
the seller's president based on his personal guaranty. We agree and,
therefore, reverse the portion of the order dismissing the claims
against the seller's president.
http://www.tba.org/tba_files/TCA/Advantage.wpd
JOHNNY RAY BAKER, SR., Individually and as Surviving Husband of ANITA
MAE BAKER, Deceased, and JOHNNY RAY BAKER, JR., A Minor,
Individually and as Surviving Minor Child of ANITA MAE BAKER,
Deceased, by and through his father and next friend,
JOHNNY RAY BAKER, SR.,
VS.
AMERICAN PAPER AND TWINE COMPANY
Court:TCA
Attorneys:
WILLIAM B. JAKES, III
HOWELL & FISHER
Nashville, Tennessee
Attorney for Appellant
RANDALL L. KINNARD
KINNARD, CLAYTON & BEVERIDGE
Nashville, Tennessee
STEVEN R. WALKER
Memphis, Tennessee
Attorneys for Appellees
Judge: HIGHERS
First Paragraph:
American Paper and Twine Company ("Defendant") appeals the trial
court's grant of Baker's ("Plaintiff's") motion to compel production
of Defendant's liability insurance policies in this wrongful death and
personal injury case. For the following reasons, the trial court is
reversed and Plaintiff's motion to compel is denied.
http://www.tba.org/tba_files/TCA/bakerjohnny.wpd
BARBARA BEATY
VS.
L. GENE IRWIN, D.D.S.
Court:TCA
Attorneys:
LINDA G. WELCH and GARY T. DUPLER, Knoxville, for Plaintiff-Appellant.
DARRYL G. LOWE, LOWE, SHIRLEY & YEAGER, Knoxville, for Defendant-
Appellee.
Judge: FRANKS
First Paragraph:
In plaintiff's action for malpractice against her dentist, the Trial
Judge granted defendant summary judgment on the ground that
plaintiff's expert was not familiar with the standard of care in
Knoxville or a similar community, and his testimony thereby failed to
meet the requirements of Tennessee Code Annotated S29- 26-115.
http://www.tba.org/tba_files/TCA/beatyb.wpd
DANUTA CARMICHAEL, daughter and surviving heir of
ELISABETH M. WICHA, deceased
VS.
PAMELA A. BRIDGEMAN, M.D. and ALEX M. ALEXANDER, M.D.
Court:TCA
Attorneys:
For Appellant For Appellee Bridgeman
J.D. LEE STEPHEN C. DAVES
Lee, Lee & Lee O'Neil, Parker & Williamson
Knoxville, Tennessee Knoxville, Tennessee
For Appellee Alexander
ANDREW R. TILLMAN
WYNNE C. HALL
Paine, Tarwater, Bickers, and
Tillman, LLP
Knoxville, Tennessee
Judge: SUSANO
First Paragraph:
Danuta Carmichael ("Carmichael") filed this medical malpractice action
against Alex M. Alexander, M.D. ("Dr. Alexander") and Pamela A.
Bridgeman, M.D. ("Dr. Bridgeman"), (collectively, "the defendants")
alleging, inter alia, negligence in the diagnosis and treatment of
Carmichael's mother, Elisabeth M. Wicha ("the deceased"). The trial
court disallowed the proffered testimony of Dr. Cleland Blake ("Dr.
Blake") as it related to the standard of care required of the
defendants. The jury returned a verdict for the defendants.
Carmichael appeals, arguing that the trial court erred in refusing to
allow Dr. Blake's testimony regarding the standard of care. We
affirm.
http://www.tba.org/tba_files/TCA/CARMICHA.wpd
JAMES R. GOLDEN
VS.
HOLLY N. HOOD (BLACK)
Court:TCA
Attorneys:
THOMAS H. TORBETT, TORBETT & TORBETT, Kingsport, for
Plaintiff-Appellee.
STEVEN G. GOTT, and GUYTON O. TERRY, III, FULLER, VAUGHN & GOTT,
Kingsport, for Defendant-Appellant.
Judge: FRANKS
First Paragraph:
The Trial Judge refused to enforce a settlement agreement between the
parties which resulted from mediation, and this Court granted an
appeal pursuant to Rule 9, T.R.A.P.
http://www.tba.org/tba_files/TCA/goldenj.wpd
HARRISON WAYNE HARVILLE
VS.
ROBERT K. WOLFE
Court:TCA
Attorneys:
DOUGLAS R. BEIER, Evans & Beier, Morristown, for Appellant
JAMES W. HARRISON, Taylor, Reams, Tilson & Harrison, for Appellee
Judge: GODDARD
First Paragraph:
Harrison Wayne Harville, the Plaintiff/Appellant, appeals a judgment
rendered in his favor in the Circuit Court for Hamblen County. The
jury found Robert K. Wolfe, the Defendant/Appellee, to be 51% at fault
and Mr. Harville to be 49% at fault and found damages in the amount of
$35,000, which in accordance with the jury's findings of fault was
reduced to $17,850.
http://www.tba.org/tba_files/TCA/harvillehar.wpd
KELVIN JACKSON
VS.
EDWARD W. SUNKENBERG
Court:TCA
Attorneys:
T. SCOTT JONES, BANKS & JONES, Knoxville, for Plaintiff-Appellee.
R. KREIS WHITE, ADAIR, SCHUERMAN & WHITE, Brentwood, for Defendant-
Appellant.
Judge: FRANKS
First Paragraph:
In this action for damages for injuries sustained in a motor vehicle
accident, a jury awarded plaintiff $10,000.00 as damages, and
defendant has appealed.
http://www.tba.org/tba_files/TCA/jacksonk.wpd
DEWEY L. LINEBERRY
VS.
TERRY ASHE and THE WILSON COUNTY ELECTION COMMISSION
Court:TCA
Attorneys:
W. THOMAS SCHMITZ
P. O. Box 773
Brentwood, Tennessee 37024-0773
ATTORNEY FOR PLAINTIFF/APPELLANT
MICHAEL R. JENNINGS
326 North Cumberland Street
Lebanon, Tennessee 37087
ATTORNEY FOR DEFENDANTS/APPELLEES
Judge: CAIN
First Paragraph:
This case purports to be an election contest.
Appellant, Dewey L. Lineberry, was a candidate for sheriff of Wilson
County, Tennessee, subject to the general election of August 6, 1998.
Appellee, Terry Ashe, was the incumbent sheriff and a candidate for
re-election. There was a third candidate in the race for sheriff
whose name is not disclosed by the record. Ashe was re-elected
handily with Lineberry finishing a distant third, some 9,000 votes
behind Ashe.
http://www.tba.org/tba_files/TCA/lineberrydlv
MAUREEN McINTYRE
VS.
CBL & ASSOCIATES MANAGEMENT INC., a limited partnership, and
SHARED APPRECIATION 1, LTD.
Court:TCA
Attorneys:
For the Appellant: For the Appellees:
Charles D. Paty Thomas E. LeQuire
Paty, Rymer & Ulin H. Austin Pedigo
Chattanooga, TN 37402 Chattanooga, TN 37402
Judge: SWINEY
First Paragraph:
In this case, the Trial Court granted Defendants' motion for directed
verdict after hearing Plaintiff's proof on her claim that the
Defendants as the owners of a building negligently maintained a
restroom in the building, and that this negligence caused Plaintiff to
slip and fall. We affirm the judgment of the Trial Court.
http://www.tba.org/tba_files/TCA/McIntyreMaureen.wpd
SHARON DENISE RAY
VS.
JOHN ALAN RAY
Court:TCA
Attorneys:
JIMMY W. BILBO, LOGAN, THOMPSON, MILLER, BILBO, THOMPSON & FISHER,
P.C., Cleveland, for Plaintiff-Appellee.
RANDY SELLERS, Cleveland, for Defendant-Appellant.
Judge: FRANKS
First Paragraph:
In this divorce action, both parties have appealed raising issues of
classification of property and whether the marital property was
equitably distributed.
http://www.tba.org/tba_files/TCA/rays.wpd
PATSY KAY REYNOLDS
VS.
JAMES LEE REYNOLDS
Court:TCA
Attorneys:
SANDRA J. BOTT, Chattanooga, for Plaintiff-Appellee.
PHILLIP C. LAWRENCE, LAWRENCE, LAWRENCE & GERBITZ, PLLC, Chattanooga,
for Defendant-Appellant.
Judge: FRANKS
First Paragraph:
On appeal, the husband questions the award of child support, and the
Trial Court's awarding attorney's fees to the wife.
http://www.tba.org/tba_files/TCA/Reynolds.wpd
RONALD STEPHEN SATTERFIELD SR.
VS.
GARY LONG and RICHARD M. SMITH
Court:TCA
Judge: GODDARD
First Paragraph:
Ronald Stephen Satterfield, Sr., has filed what he styles, "PETITION
FOR CLARIFICATION OR LIMITED REHEARING." as to our opinion in this
cause, which was filed on October 13, 1999.
http://www.tba.org/tba_files/TCA/satterfieldron.wpd
CHERYL A. WEST
VS.
DANNY LAMAR WEST
Court:TCA
Attorneys:
BERNARD K. SMITH
P.O. BOX 490
MCMINNVILLE, TENNESSEE 37111
THOMAS F. BLOOM
500 CHURCH STREET, 5TH FLOOR
NASHVILLE, TENNESSEE 37219
ATTORNEYS FOR PLAINTIFF/APPELLEE
ROBERT W. NEWMAN
GALLIGAN & NEWMAN
309 WEST MAIN STREET
MCMINNVILLE, TENNESSEE 37110
ATTORNEY FOR DEFENDANT/APPELLANT
Judge: COTTRELL
First Paragraph:
In this divorce case, Danny Lamar West ("Husband") appeals the trial
court's decision to award post-divorce alimony to his former wife,
Cheryl Ann McPeak West ("Wife"). For the following reasons, we vacate
the award of alimony and remand.
http://www.tba.org/tba_files/TCA/WestC.wpd
TOMMY LEE WHITE
VS.
CAROLDENE WHITE
Court:TCA
Attorneys:
JAMES L. GASS, OGLE, GASS & RICHARDSON, Sevierville, for Appellee.
DAVID W. WEBB, Sevierville, for Appellant.
Judge: FRANKS
First Paragraph:
In this divorce action, the Trial Judge awarded joint custody of the
eight year old son to the parties, and as part of the property
division the husband was awarded a $11,500.00 lien on the wife's
home, which she had owned at the time of the marriage.
http://www.tba.org/tba_files/TCA/whitet.wpd
WOODRIDGE PROPERTIES, L.L.P.
VS.
JAMES FRANCO-WARD and JANE A. FRANCO-WARD
Court:TCA
Judge: CANTRELL
First Paragraph:
This appeal involves an attempt by a Woodridge Properties, L.L.P.
("Woodridge") to gain possession of real property purchased at a
foreclosure sale. The mortgagors, James C. Franco-Ward and Jane A.
Franco-Ward defaulted on a promissory note secured by the real
property and, after proper notice, a foreclosure sale was held. The
mortgagee purchased the property at the foreclosure sale, and
subsequently transferred it to Woodridge. When the Franco-Wards
refused to move out, Woodridge brought this action in the General
Sessions Court of Montgomery County. The general sessions court
ordered that Woodridge be put in possession of the property. On the
Franco-Wards' appeal to the Montgomery County Circuit Court, the jury
returned a verdict that Woodridge is entitled to possession of the
property, and the trial judge entered a final judgment to that effect.
The Franco-Wards appeal.
http://www.tba.org/tba_files/TCA/Woodridge.wpd
JIMMY ALEXANDER
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Melinda Meador Paul G. Summers
Bass, Berry & Sims PLC Attorney General and Reporter
1700 Riverview Tower
900 South Gay Street Marvin S. Blair, Jr.
Knoxville, TN 37902 Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
Nashville, TN 37243
Stephen R. Hawkins
Assistant District Attorney General
Sevier County Courthouse
125 Court Avenue, Suite 301-E
Sevierville, TN 37862
Judge: WADE
First Paragraph:
The petitioner, Jimmy Alexander, appeals the trial court's denial of
post-conviction relief.
http://www.tba.org/tba_files/TCCA/alexanderj.wpd
ALFONZO E. ANDERSON
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant For Appellee
R. Price Harris Paul G. Summers
100 North Main, Suite 926 Attorney General and Reporter
Memphis, TN 38103 425 Fifth Avenue North
Nashville, TN 37243-0493
Clinton J. Morgan
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Judge: OGLE
First Paragraph:
The petitioner, Alfonzo E. Anderson, appeals the denial of
post-conviction relief by the Shelby County Criminal Court on January
13, 1999. The petitioner contends that his attorney's representation
during trial proceedings and on direct appeal was ineffective and
warrants post-conviction relief.
http://www.tba.org/tba_files/TCCA/andersonaeopn.wpd
STATE OF TENNESSEE
VS.
BALLARD EUGENE ANDERSON
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Edward H. Moody Paul G. Summers
Asst. Public Defender Attorney General and Reporter
Office of Public Defender
1609 College Park Drive, Box 11 Marvin S. Blair, Jr.
Morristown, TN 37813-1618 Assistant Attorney General
Criminal Justice Division
Greg W. Eichelman 425 Fifth Avenue North
District Public Defender 2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
C. Berkeley Bell, Jr.
District Attorney General
G. Douglas Godbee
Asst. District Attorney General
Hawkins County Courthouse
Rogersville, TN 37804
Judge: HAYES
First Paragraph:
The appellant, Ballard Eugene Anderson, appeals his conviction by a
Hancock County jury for the offense of reckless homicide, a class D
felony. The trial court imposed the maximum sentence of four years
incarceration in the Department of Correction. On appeal, the
appellant challenges the sufficiency of the evidence, the imposition
of the maximum sentence, and the denial of an alternative sentence.
http://www.tba.org/tba_files/TCCA/AndersonBE.wpd
STATE OF TENNESSEE
VS.
WILLIE BAILEY
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Cyburn H. Sullivan, III Paul G. Summers
112 East Liberty Attorney General and Reporter
P.O. Box 395 450 James Robertson Parkway
Covington, TN 38019 Nashville, TN 37243-0493
Patricia C. Kussman
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
James W. Freeland, Jr.
Assistant District Attorney General
302 Market Street
Somerville, TN 38068
Judge: OGLE
First Paragraph:
On July 14, 1997, the appellant, Willie Bailey, was convicted by a
jury in the Tipton County Circuit Court of aggravated robbery and
felony possession of a handgun. On August 7, 1997, the trial court
sentenced the appellant as a persistent Range III offender to
twenty-six years incarceration for the aggravated robbery conviction
and five years incarceration for the felony possession of a handgun
with the sentences to be served concurrently for an effective sentence
of twenty-six years incarceration in the Tennessee Department of
Correction.
http://www.tba.org/tba_files/TCCA/baileywopn.wpd
STATE OF TENNESSEE
VS.
HENRY CALLOWAY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
EDWARD CANTRELL MILLER PAUL G. SUMMERS
District Public Defender Attorney General & Reporter
LU ANN BALLEW ELIZABETH B. MARNEY
Assistant Public Defender Assistant Attorney General
P.O. Box 416 2nd Floor, Cordell Hull Building
Dandridge, TN 37725 425 Fifth Avenue North
Nashville, TN 37243
AL C. SCHMUTZER, JR.
District Attorney General
MICHAEL A. GALLEGOS
Assistant District Attorney General
125 Court Avenue, Room 301-E
Sevierville, TN 37862
Judge: WOODALL
First Paragraph:
Defendant Henry Calloway pled guilty to one count of theft, more than
$1,000 in value, in Grainger County Circuit Court. Following a
sentencing hearing the trial court sentenced him to four (4) years
incarceration in the custody of the Tennessee Department of
Correction. Defendant now appeals as of right, and challenges the
length and manner of service of his sentence, arguing that the
appropriate sentence is two years probation. After a thorough review
of the record we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/callowayh.wpd
STATE OF TENNESSEE
VS.
LESTER ALLEN CLAYTON, alias LESTER A. CLAYTON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LLOYD A. LEVITT PAUL G. SUMMERS
312 Vine Street Attorney General and Reporter
Chattanooga, TN 37403
ERIK W. DAAB
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
BILL COX
District Attorney General
PARKE MASTERSON
Assistant District Attorney General
Courts Building
500 Market Street
Chattanooga, TN 37402
Judge: WELLES
First Paragraph:
The Defendant appeals from a conviction entered on a jury verdict
finding him guilty of driving under the influence of an intoxicant,
third offense. He argues that his conviction should be reversed
because the trial court erred in the manner it allowed the State to
exercise a peremptory challenge of a juror. We affirm the judgment of
the trial court.
http://www.tba.org/tba_files/TCCA/claytonla.wpd
STATE OF TENNESSEE
VS.
MICHAEL DeMATTEO
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
STEPHEN M. WALLACE PAUL G. SUMMERS
District Public Defender Attorney General & Reporter
RICHARD A. TATE MICHAEL J. FAHEY, II
Assistant Public Defender Assistant Attorney General
P.O. Box 839 2nd Floor, Cordell Hull Building
Blountville, TN 37617 425 Fifth Avenue North
(At Trial and On Appeal) Nashville, TN 37243
GERALD L. GULLEY, JR. H. GREELEY WELLS, JR.
P.O. Box 1708 District Attorney General
Knoxville, TN 37901-1708
(On Appeal Only) BARRY P. STAUBUS
Assistant District Attorney General
140 Blountville Bypass
P.O. Box 526
Blountville, TN 37617
Judge: WOODALL
First Paragraph:
Defendant Michael DeMatteo pled guilty in the Sullivan County Criminal
Court to three Class E felony counts of selling one-half ounce or more
of a Schedule VI controlled substance, two Class D felony counts of
selling a Schedule III controlled substance, two Class C felony counts
of selling a Schedule II controlled substance, one Class A misdemeanor
count of casual exchange of a Schedule VI controlled substance, one
Class A misdemeanor count of possession of a Schedule VI controlled
substance with intent to sell, and one Class A misdemeanor count of
possession of drug paraphernalia.
http://www.tba.org/tba_files/TCCA/dematteom.wpd
KARL HAMILTON, a.k.a. Randolph Prewitt,
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Karl Hamilton,
a.k.a. Randolph Prewitt Paul G. Summers
#168205 Attorney General and Reporter
West TN State Penitentiary
(Site 3) 425 Fifth Avenue North
P.O. Box 1150 Nashville, TN 37243-0493
Henning, TN 38041
R. Stephen Jobe
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
Nashville, TN 37243-0493
Judge: OGLE
First Paragraph:
The petitioner, Karl Hamilton, a.k.a. Randolph Prewitt, appeals the
dismissal of his petition for post-conviction relief by the Shelby
County Criminal Court. In April,1996, the petitioner was convicted by
a jury in the Shelby County Criminal Court of burglary and sentenced
as a career, Range III offender to twelve years imprisonment in the
Tennessee Department of Correction. The petitioner's conviction was
affirmed on direct appeal by this court, and the Tennessee Supreme
Court denied permission to appeal on April 20, 1998.
http://www.tba.org/tba_files/TCCA/hamiltonkopn.wpd
GARY WILLIAM HOLT
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN ALLEN BROOKS JOHN KNOX WALKUP
736 Georgia Avenue Attorney General & Reporter
Suite 600
Chattanooga, TN 37402 R. STEPHEN JOBE
(Elbow Counsel) Assistant Attorney General
425 Fifth Avenue North
GARY WILLIAM HOLT, pro se Nashville, TN 37243-0493
TDOC #105031
South Central Correctional Ctr WILLIAM H. COX, III
P. O. Box 279 District Attorney General
Clifton, TN 38425-5346
YOLANDA D. MITCHELL
Assistant District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
Judge: GLENN
First Paragraph:
The petitioner, Gary William Holt, was convicted in 1977 in the McMinn
County Criminal Court of armed robbery and sentenced to life
imprisonment. Since the affirmance of the conviction on direct
appeal, the petitioner has filed several petitions, either for writ of
habeas corpus or for post-conviction relief, claiming various
deficiencies in the conviction and sentencing. In this petition for
post-conviction relief, he has appealed as of right from the dismissal
of the petition following an evidentiary hearing.
http://www.tba.org/tba_files/TCCA/holtgw.wpd
STATE OF TENNESSEE
VS.
JAMES DARRELL HORN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JEFFERY KELLY PAUL G. SUMMERS
Office of the Public Defender Attorney General and Reporter
GERALD L. GULLEY, JR. MARVIN S. BLAIR, JR.
P.O. Box 1708 Assistant Attorney General
Knoxville, TN 37901-1708 425 Fifth Avenue North
Nashville, TN 37243
DAVID CROCKETT
District Attorney General
LISA RICE
Assistant District Attorney General
P.O. Box 38
Jonesborough, TN 37659
Judge: WELLES
First Paragraph:
On November 6, 1995, the Washington County Grand Jury indicted the
Defendant, James Darrell Horn, on twenty-three counts of aggravated
burglary, five counts of theft under $500.00, four counts of theft
over $500.00, twelve counts of theft over $1,000.00, and one count of
theft over $10,000.00. On March 5, 1998, the Defendant was tried by
jury on one count of theft over $1,000.00 and one count of aggravated
burglary; he was found guilty of both charges.
http://www.tba.org/tba_files/TCCA/hornjd.wpd
JAMES RICHARD JACKSON
VS.
STATE OF TENNESSEE AND JAMES BOWLEN, WARDEN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES RICHARD JACKSON PAUL G. SUMMERS
Pro Se Attorney General and Reporter
Route 4, Box 600
Pikeville, TN 37367 ELIZABETH B. MARNEY
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
J. MICHAEL TAYLOR
District Attorney General
First American Bank Building
Suite 300
Dayton, TN 37321
Judge: WELLES
First Paragraph:
The Defendant, James Richard Jackson, appeals the denial of his
petition for habeas corpus relief. According to his petition, the
Defendant was convicted of aggravated rape and was sentenced to twenty
years in the Department of Correction in 1992. His conviction was
affirmed on appeal. In 1999, the Defendant filed a petition seeking
habeas corpus relief in which he alleged numerous grounds. The trial
court dismissed the petition without appointing counsel or conducting
an evidentiary hearing. We affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/jacksonjr.wpd
STATE OF TENNESSEE
VS.
BRANDON PATRICK
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Kevin W. Shepherd Paul G. Summers
404 Ellis Avenue Attorney General and Reporter
Maryville, TN 37804
Elizabeth B. Marney
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Michael L. Flynn
District Attorney General
Kirk Andrews and
Lisa McKenzie
Asst. District Attorneys General
363 Court Street
Maryville, TN 37804
Judge: HAYES
First Paragraph:
The appellant, Brandon Patrick, was convicted by a Blount County jury
of one count of reckless aggravated assault, a class D felony. The
trial court imposed a three year sentence and ordered that the
sentence be served in the Department of Correction.
http://www.tba.org/tba_files/TCCA/PatrickB.wpd
STATE OF TENNESSEE
VS.
TIMOTHY JASON SOLOMON
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Mark E. Stephens Paul G. Summers
District Public Defender Attorney General of Tennessee
and and
R. Scott Carpenter Patricia C. Kussmann
Assistant Public Defender Assistant Attorney General of Tennessee
1209 Euclid Avenue 425 Fifth Avenue North
Knoxville, TN 37902 Nashville, TN 37243
Randall E. Nichols
District Attorney General
and
Marsha L. K. Selecman
Assistant District Attorney
Post Office Box 1468
Knoxville, TN 37901-1468
Judge: TIPTON
First Paragraph:
The defendant, Timothy Jason Solomon, appeals as of right from the
Knox County Criminal Court's imposition of consecutive sentences.
Upon his guilty pleas, the defendant was convicted of seven counts of
burglary, a Class D felony. He received three-year sentences on each
count with three counts to be served consecutively to the other four,
constituting an effective sentence of six years in the custody of the
Department of Correction.
http://www.tba.org/tba_files/TCCA/Solomontj.wpd
STATE OF TENNESSEE
VS.
BRUCE MONROE STEVENSON
WITH CONCURRING OPINION
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ARDENA J. GARTH PAUL G. SUMMERS
District Public Defender Attorney General & Reporter
DONNA ROBINSON MILLER MARVIN S. BLAIR, JR.
Assistant Public Defender Assistant Attorney General
2nd Floor, Cordell Hull Bldg
MIKE ACUFF 425 Fifth Avenue North
Assistant Public Defender Nashville, TN 37243
701 Cherry Street, Suite 300
Chattanooga, TN 37402 WILLIAM H. COX, III
District Attorney General
H.C. BRIGHT
Assistant District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
Judge: WOODALL
First Paragraph:
Defendant Bruce Monroe Stevenson was indicted by the Hamilton County
Grand Jury for simple assault and attempted first degree murder.
Defendant subsequently filed a motion to sever the two charges and the
trial court granted the motion. Following a jury trial for the simple
assault charge, Defendant was convicted of simple assault.
Thereafter, Defendant was charged by information for three counts of
aggravated assault.
http://www.tba.org/tba_files/TCCA/stevensonbm.wpd
CONCURRING OPINION
http://www.tba.org/tba_files/TCCA/Stevensonbm_con.wpd
TEDDY DALE THOMAS
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Arthur Bass Paul G. Summers
Post Office Box 1473 Attorney General of Tennessee
Cleveland, TN 37364 and
(AT TRIAL) Clinton J. Morgan
Attorney for the State
D. Mitchell Bryant 425 Fifth Avenue North
264 N. Ocoee St, Ste 203 Nashville, TN 37243
Cleveland, TN 37364-1021
(ON APPEAL) Jerry N. Estes
District Attorney General
and
Carl F. Petty
Assistant District Attorney General
Post Office Box 1351
Cleveland, TN 37364
Judge: TIPTON
First Paragraph:
The petitioner, Teddy Dale Thomas, appeals as of right from the
Bradley County Criminal Court's denial of his petition for
post-conviction relief from his 1994 convictions for two counts of
aggravated burglary, a Class C felony, and two counts of theft over
one thousand dollars, a Class D felony. He was sentenced as a Range
I, standard offender to six years for each aggravated burglary count
and to four years for each theft count to be served in the Department
of Correction.
http://www.tba.org/tba_files/TCCA/Thomastd.wpd
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