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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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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