December 10, 2001
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.
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Howard H. Vogel
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS http://www.tba.org/tba_files/TSC_Rules/certlist_1210.wpd
AMERICAN CHILD CARE, INC. v. STATE OF TENNESSEE, DEPARTMENT OF HUMAN SERVICES, et al. Court:TCA Attorneys: James D. Kay, Jr. and John B. Enkema, Nashville, Tennessee, for the appellant, American Child Care, Inc. Paul G. Summers, Attorney General and Reporter; Elizabeth C. Driver, Assistant Attorney General, for the appellee, State of Tennessee. Judge: CANTRELL First Paragraph: This appeal arises from the trial court's denial of appellant American Child Care, Inc.'s, request for attorney's fees resulting from an administrative action in which appellant's license was suspended and later reinstated. The trial court later granted appellee summary judgment on all issues, including attorney's fees. We reverse the trial court's decision denying the appellant's application and remand to the trial court to set a reasonable fee for the appellant. http://www.tba.org/tba_files/TCA/americanchildcare.wpd
JESSIE LEE ANTHONY v. MELBOURNE C. HOLLAND Court:TCA Attorneys: David Hardee, Jackson, Tennessee, for the appellant, Jessie Lee Anthony. Bradford D. Box, Jackson, Tennessee, for the appellee, Melbourne C. Holland. Judge: FARMER First Paragraph: This is an appeal from a judgment by the trial court, sitting without a jury, that the defendant's negligence was not the proximate cause of plaintiff's injuries. We hold that the evidence does not preponderate against the factual findings of the trial court. We therefore affirm. http://www.tba.org/tba_files/TCA/anthonyj.wpd
TAYLOR BROWN, et al. v. JERRY NOWLIN, et al. Court:TCA Attorneys: Rhonda M. Whitted, Nashville, Tennessee, for the appellant, Tennessee Coordinated Care Network, d/b/a Access . . . MedPLUS. Shannon D. Elsea, Memphis, Tennessee, for the appellees, Taylor Brown, individually, By Mother and Next Friend Toya Brown, and Toya Brown, individually. Judge: FARMER First Paragraph: This dispute addresses the applicability of the "made whole" doctrine to the subrogation rights of TennCare, Tennessee's medicaid waiver program, where the insured and the tortfeasor reached a settlement agreement without the participation or consent of TennCare. We hold that the made whole doctrine did apply to TennCare at the time this case was settled and the order entered. Affirmed. http://www.tba.org/tba_files/TCA/brownt.wpd
VANDAL DOSS V. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY Court:TCA Judge: ASH First Paragraph: This is an appeal from the Judgment of the Chancellor for Sumner County, Tennessee, dismissing Vondal Doss's Complaint against Tennessee Farmers Mutual Insurance Company, alleging breach of contract for failure to make payment for medical expenses pursuant to the medical payment coverage contained in two insurance policies and the Defendant's Counter-Complaint for subrogation. Doss had suffered a personal injury as a result of an auto accident which occurred on April 8, 1993 involving a third-party tort- feasor. Plaintiff/Appellant filed a Motion to Appeal on August 2, 2000. The Judgment of the Chancellor is affirmed on all counts. Doss's claim for additional post-settlement medical payments is denied as a result of the execution of the Release and Order of Compromise and Settlement which extinguished Tennessee Farmers' subrogation rights. Tennessee Farmers' claim for reimbursement is denied. Costs of this Appeal are assessed to the Appellant. http://www.tba.org/tba_files/TCA/dossva.wpd
CHARLES HARDY, et al. v. ROBERT BOND MILLER, et al. Court:TCA Attorneys: H. Naill Falls, Jr., Nashville, Tennessee, for the appellant, Robert B. Miller. Grant C. Glassford and Christine J. Laird, Nashville, Tennessee, for the appellees, Charles Hardy, Roy Flowers, and Marvin Hopper. Judge: KOCH First Paragraph: This appeal involves a dispute among members of a joint venture regarding their rights under suretyship agreements each member signed to guarantee a loan to the joint venture. After the joint venture defaulted, the bank looked to the members of the joint venture for payment of the debt. After three members of the joint venture paid the bank more than their prorated share of the debt, they filed suit in the Chancery Court for Davidson County against a former member, seeking contribution for the amount they had paid in excess of their prorated share. The former member counterclaimed, seeking to recover the payments he had made to the bank on the joint venture's debt. Following a bench trial, the trial court concluded that the members were co-sureties, awarded the three members a $150,145.10 judgment against the former member, and denied the former member's counterclaim. The former member appealed, arguing that his former co-venturers lost their right to contribution when they expelled him from the joint venture and that he is entitled to be reimbursed for the payments he made to the bank on the joint venture's debt. We have determined that each member of the joint venture agreed to be severally liable to the bank for the joint venture's debt and, therefore, that the members were not entitled to contribution from the former member. We have also concluded that the trial court correctly dismissed the former member's counterclaim. http://www.tba.org/tba_files/TCA/hardyc.wpd
JANET HARPER, et al. v. KEITH D. CHURN, et al. Court:TCA Attorneys: Terry R. Clayton, Nashville, Tennessee, for the appellants, Janet Harper and James Harper. Nancy W. Phillips, Nashville, Tennessee, for the appellees, Keith D. Churn and Rodney Beard. Judge: FARMER First Paragraph: This is a personal injury case arising from a vehicular collision. The plaintiffs, the Harpers, and the defendants, Mr. Churn and Mr. Beard, along with several others, were traveling together in a rented vehicle at the time of the collision. Mr. Churn was the driver of the vehicle; Mr. Beard was the pastor of the parties' church. At trial, the Harpers asserted that Mr. Churn was negligent in his operation of the vehicle. Additionally, the Harpers claimed that Mr. Beard was vicariously liable for their injuries, or in the alternative, that Mr. Beard was liable under the theory of negligent entrustment. The trial court granted Mr. Beard's motion for a directed verdict, and the jury found in favor of Mr. Churn. The Harpers appeal both decisions. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCA/harperjanet.wpd
SANDRA HARRIS v. JOHN W. HARRIS, JR. Court:TCA Attorneys: John W. Harris, Jr., Pro se. Alan S. Kleiman, Memphis, Tennessee, for the appellee, Sandra Harris. Judge: FARMER First Paragraph: This case involves a dispute over child support. After the mother and father divorced, the father agreed to pay child support. Subsequent to several hearings regarding many different issues, the mother sued the father to collect child support arrearage. At trial, the father argued that the mother should not be heard because of an earlier contempt charge. The father also argued that any arrearage should be set-off by his earlier judgment against the mother. The trial court found the father was in arrears in the amount of $21,753.00 and granted judgement to the mother. The father appeals this judgment. We affirm the trial court's decision and remand for a calculation of attorney's fees. http://www.tba.org/tba_files/TCA/harrissandra.wpd
ELIZABETH ELAINE HICKMAN, et al. v. CELIA VERNELL JORDAN, et al. Court:TCA Attorneys: Dwayne D. Maddox, III, Huntingdon, Tennessee, for the appellants, Elizabeth Elaine Hickman and John Robert Hickman. Wesley A. Clayton and Greg A. Petrinjak, Jackson, Tennessee, for the appellees, Celia Vernell Jordan and Dr. F. E. Jordan. Judge: FARMER First Paragraph: This dispute stems from an accident in a restaurant parking lot in which a pedestrian, the plaintiff, was struck by a vehicle driven by the defendant, who was backing-up through the parking lot. The jury in this case found the defendant driver not at fault. We affirm. http://www.tba.org/tba_files/TCA/hickmane.wpd
JO ANNE HOFMEISTER v. JOHN DANIEL HOFMEISTER Court:TCA Attorneys: Robert A. Anderson, Nashville, Tennessee, for the appellant, Jo Anne Hofmeister. John J. Hollins, Nashville, Tennessee, for the appellee, John Daniel Hofmeister. Judge: CANTRELL First Paragraph: A series of post-divorce petitions resulted in a hearing on July 22, 1999 in which no witnesses were called nor any sworn testimony offered. Based on the petitions, the answers, and the statements of counsel, the court modified the final decree of divorce with respect to the husband's obligations to pay the wife's medical insurance premiums, medical expenses, and life insurance premiums. The court also denied the wife's petition for post-judgment interest on a payment to the wife that had been ordered in the final decree. The wife appeals on the grounds that (1) there were no pleadings or proof justifying the amendments and (2) the court erred in not granting her petitions. We affirm the trial court. http://www.tba.org/tba_files/TCA/hofmeisterja.wpd
ROBERT F. MARENGO AND FRANCINE R. MARENGO V. TERRY BOWEN Court:TCA Judge: ASH First Paragraph: This is an appeal from the judgment of the Chancellor regarding the judicial dissolution of a continuing partnership. The trial court determined the withdrawing partner's debt should not be offset against his capital account in assessing his dissolution date value until the valuation of the business was made by the court, it was proper to add an additional $20,000 as a going concern adjustment to the valuation of the partnership, certain salary adjustments were proper, and a marketability and/or minority discount does not apply to the partnership. This Court concluded the trial court's determination offsetting the withdrawing partner's debt to the partnership as of the trial date was proper, the trial court erred in adding an additional $20,000 as a going concern value to the valuation of the partnership, the trial court's salary adjustment was proper, the trial court's refusal to apply a minority and/or marketability discount was proper, and the trial court's adjustment for a portion of the partnership's legal and professional expenses was proper. The judgment of the trial court is affirmed in part, reversed in part, and remanded for recalculation of the value of the withdrawing partner's interest as consistent with this order. Costs of this appeal shall be split between the appellant and the appellee. http://www.tba.org/tba_files/TCA/marengoro.wpd
ANTHONY D. MYERS, et al. v. W. ALLEN BRYAN, III Court:TCA Attorneys: Louis W. Oliver, III, Hendersonville, Tennessee, for the appellant, W. Allen Bryan, III. Jefferson C. Orr, Nashville, Tennessee, for the appellee, Ragan-Smith Associates, Inc. Judge: SUSANO First Paragraph: This case originated as a suit against a subdivision developer, W. Allen Bryan, III, ("Bryan"), for fraud, negligent misrepresentation, and violation of the Tennessee Consumer Protection Act, all predicated on the failure of a subdivision plat plan to reflect an existing drainage easement. Thereafter, Bryan filed a third-party complaint seeking indemnification from the surveyor who prepared the plat plan, Ragan-Smith, Associates, Inc. ("Ragan-Smith"), in the event Bryan was cast in judgment. On this Tenn. R. App. P. 54.02 appeal, we are presented with the issue of whether Bryan's cause of action for failure to reflect the drainage easement on the plat plan is barred by the four-year statute of repose for surveying errors. The court below granted Ragan-Smith summary judgment, finding that Bryan's claim is barred by the aforesaid statute of repose. Bryan appeals, arguing that Ragan-Smith is not entitled to summary judgment because, according to Bryan, the omission of the drainage easement is an engineering error, not a surveying error, and hence, so the argument goes, the subject claim is not barred by the four-year statute of repose for surveying errors. In the alternative, Bryan argues that even if the failure to reflect the drainage easement on the plat plan is a surveying error, his third-party complaint was timely filed. We affirm. http://www.tba.org/tba_files/TCA/myersad.wpd
DANIEL B. TAYLOR v. DONAL CAMPBELL, et al. Court:TCA Attorneys: Daniel B. Taylor, Only, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Terri Leigh Bernal, Nashville, Tennessee, for the appellees, Donal Campbell, Commissioner, Tennessee Department of Correction and Jack Morgan, Warden, Turney Center. Judge: CAIN First Paragraph: On July 3, 2000, Appellant filed his civil complaint based upon punishment imposed for a disciplinary infraction while a prisoner at Turney Center in Only, Tennessee. On July 18, 2000, the trial judge, sua sponte, dismissed the complaint, and this appeal followed. We affirm the trial court. http://www.tba.org/tba_files/TCA/taylordanielb2.wpd
IN RE: ESTATE OF M.L. WAKEFIELD, DECEASED Court:TCA Attorneys: Hugh C. Howser, Nashville, Tennessee, for the appellants, Ronald H. Pursell and Robert Whisenant. Richard Holton and Charles A. Trost, Nashville, Tennessee, for the appellees, Judith Wakefield Sandlin, Nancy Wakefield Coleman, Michael C. Wakefield, Linda Wakefield Melvin, Alden H. Smith, as guardian for Nathan Murry Green, and Susan R. Limor, as guardian for Timothy Louis Wakefield. Judge: COTTRELL First Paragraph: This case involves a dispute over the compensation sought by two of three co-executors of a will that was drafted by one of them. The will provided that the executors should be "paid fees equal to those fees customarily charged by NationsBank of Nashville." The two co-executors each received an interim payment of $50,000 in compensation, and then sought additional payments under the fee schedule. The adult beneficiaries of the will challenged the amount of compensation sought by the co-executors. Disagreements and tensions continued between the beneficiaries and the two non- family co-executors, and, after strong suggestion by the probate court, the two non-family co- executors resigned. The probate court heard evidence on the fee request and refused to award additional fees. The court also ordered the attorney co-executor, co-trustee to disgorge over $70,000 in attorney fees paid by the testamentary trust's major asset, a corporation formerly owned solely by testator. The co-executors, co-trustees were the directors of the corporation, and the disgorged fees had been paid pursuant to a retainer agreement pre-existing the testator's death. On appeal, the two co-executors contest these rulings. In a cross-appeal, the beneficiaries argue that the probate court erred in denying their request that the co-executors disgorge additional fees. We modify the trial court's award of reasonable fees but otherwise affirm. http://www.tba.org/tba_files/TCA/wakefieldml_opn.wpd
KOCH CONCURRING AND DISSENTING http://www.tba.org/tba_files/TCA/wakefieldml_con.wpd
WILLIAMSON COUNTY, et al. v. TENNESSEE STATE BOARD OF EQUALIZATION Court:TCA Attorneys: James Charles, Jennifer Clinard Surber, and Paul D. Krivacka, Nashville, Tennessee, for the appellant, Metropolitan Government of Nashville and Davidson County. Donnie E. Wilson and Robert B. Rolwing, Memphis, Tennessee, for the appellant, Shelby County, Tennessee. Jean Dyer Harrison, Nashville, Tennessee, for the appellants, Tennessee City Governments and Tennessee County Governments. Jeffrey Dean Moseley, Franklin, Tennessee, for the appellant, Williamson County, Tennessee. Paul G. Summers, Attorney General & Reporter; Jimmy G. Creecy, Chief Special Counsel; Brigid M. Carpenter; Charles Arthur Trost; and James W. McBride, Nashville, Tennessee, for the appellee, Tennessee State Board of Equalization. Judge: CAIN First Paragraph: In this case, a consortium of counties and cities appeals the decision of the Chancery Court of Davidson County upholding the action of the Tennessee State Board of Equalization in applying depreciable life schedules forming a part of Tennessee Code Annotated section 67-5-903(f) to commercial and industrial tangible personal property and in holding that personal property is not constitutionally required to be valued at its actual value in the implementation of Tennessee Code Annotated section 67-5-1509(a). The only issues before this court are the constitutionality of Tennessee Code Annotated section 67-5-903(f) and Tennessee Code Annotated section 67-5- 1509(a). We hold both statutes to be constitutional and affirm the Chancellor. http://www.tba.org/tba_files/TCA/williamsonco.wpd
GUY WILSON, et al. v. THOMPSON CONSTRUCTION COMPANY, et al. Court:TCA Attorneys: Philip N. Elbert and Kendra E. Samson, Nashville, Tennessee, for the appellants, Guy Wilson and Rhessa Wilson. Robert L. Estes and Leonard F. Pogue, III, Nashville, Tennessee, for the appellees, Thompson Construction Company and Gary R. Boyd d/b/a Boyd Electric. Judge: CAIN First Paragraph: This is a suit by Guy Wilson and his wife Rhessa, owners of a building in Gallatin, Tennessee, against their general contractor in the construction of an addition to the building and against their electrical subcontractor. The complaint charges negligence in the use of a defective fiberglass ladder that broke as Guy Wilson was climbing on it to inspect the work. The trial court held that the general contractor, Thompson Construction Company, had breached no duty of care to Plaintiffs and that the electrical contractor, Gary R. Boyd, was an independent contractor for whose alleged negligence Thompson Construction Company was not vicariously liable. On such basis, the trial court granted summary judgment to Thompson Construction Company on all issues and, pursuant to Tennessee Rules of Civil Procedure 54.02, entered final judgment on all issues in favor of Thompson Construction Company. Plaintiffs appeal, and we affirm the trial court. http://www.tba.org/tba_files/TCA/wilsonguy.wpd
STATE OF TENNESSEE v. JARED M. BARNES Court:TCCA Attorneys: James H. Ripley, Sevierville, Tennessee, for the appellant, Jared M. Barnes. Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General; and Charles E. Atchley, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Jared M. Barnes, was convicted upon his guilty plea for vehicular homicide by recklessness, a Class C felony. The trial court sentenced him as a Range I, standard offender to five years, with ten months, day for day, to be served in the county jail and the remainder of the sentence to be served on probation. In addition, the trial court suspended the defendant's driving privileges for five years and ordered that he complete five hundred hours of community service. The defendant appeals his sentence, contending that the trial court erred in denying him judicial diversion or full probation. We affirm the trial court's denial of judicial diversion and full probation, but hold that the order that the defendant serve his ten-month incarceration day for day does not preclude use of applicable conduct credits. http://www.tba.org/tba_files/TCCA/barnesjm.wpd
STATE OF TENNESSEE v. COLLIS BRANCH Court:TCCA Attorneys: Mark E. Stephens, District Public Defender, Paula R. Voss, Aubrey Davis, Assistant Public Defender, Knoxville, Tennessee, for the Appellant, Collis Branch. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Kathy D. Aslinger, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Philip Morton, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: This appeal arises from a default judgment entered in 1995 in the Knox County Criminal Court declaring the Appellant, Collis Branch, a motor vehicle habitual offender. Tenn. Code Ann. S 55-10- 603. On appeal, Branch contends that the trial court erred in denying his Rule 60, Tennessee Rules of Civil Procedure, motion to set aside the default judgment upon grounds that the judgment was void. In support of this argument, he contends that the default judgment was obtained without complying with Rules 5,12, 55 and 58 of the Tennessee Rules of Civil Procedure. After review, we conclude that Branch's motion, which was filed in January of 2001, was not filed within a "reasonable time," as required by Rule 60.02, Tennessee Rules of Civil Procedure. Accordingly, the decision of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/branchcollis.wpd
STATE OF TENNESSEE v. RONALD COX Court:TCCA Attorneys: Charles E. Waldman, Memphis, Tennessee, for the appellant, Ronald Cox. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and Amy Weirich, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: The defendant, Ronald Cox, was found guilty of robbery following a jury trial in the Shelby County Criminal Court. In this appeal, he raises three issues: (1) whether the evidence is sufficient to support his conviction; (2) whether the trial court erred by denying his request to instruct the jury on the lesser-included offense of theft; and (3) whether the trial court erred in its answers to questions submitted to the trial court during jury deliberations. Defendant is not entitled to relief on the first and third issues. However, under the recent Tennessee Supreme Court decision in State v. Bowles, 52 S.W.3d 69 (Tenn. 2001), we hold that the trial court committed reversible error by failing to include the lesser-included offense of theft in the charge to the jury. Therefore, we reverse Defendant's conviction and remand the case for a new trial. http://www.tba.org/tba_files/TCCA/coxronald.wpd
STATE OF TENNESSEE v. DARRELL J. DUFRENE Court:TCCA Attorneys: Richard W. DeBerry, Assistant District Public Defender, for the appellant, Darrell J. Dufrene. Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General; and John W. Overton, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Darrell J. Dufrene, entered a plea of guilt to one count of theft over $1,000.00 but less than $10,000.00, a Class D felony. Pursuant to a plea agreement, the trial court set the defendant's sentence at three years and scheduled an alternative sentencing hearing. The defendant failed to appear at the hearing and the trial court ordered a term of incarceration. In this appeal of right, the defendant asserts that the trial court erred by failing to order either probation or community corrections. Because, however, the defendant remains on escape status, the appeal is dismissed. http://www.tba.org/tba_files/TCCA/dufrenedj.wpd
STATE OF TENNESSEE v. LEWIS A. FORBESS Court:TCCA Attorneys: Gary F. Antrican, District Public Defender, for the appellant, Lewis A. Forbess. Paul G. Summers, Attorney General & Reporter; Patricia C. Kussmann, Assistant Attorney General; and Ryan Brown and James W. Freeland, Jr., Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Lewis A. Forbess, entered pleas of guilt to aggravated rape, theft of property between $10,000.00 and $60,000.00, aggravated burglary, and possession of a weapon in a penal facility. The trial court imposed concurrent sentences as follows: Offense Term Range Aggravated Rape 25 years 100% Violent Offender Theft 15 years Persistent Offender Aggravated Burglary 15 years Persistent Offender Possession of Contraband 10 years Persistent Offender in a Penal Facility The sentences were ordered to be served consecutively to an earlier burglary sentence. In this appeal of right, the defendant contends that the sentences are excessive. The judgments are affirmed. http://www.tba.org/tba_files/TCCA/forbesslewisa.wpd
STATE OF TENNESSEE v. CHAUNCEY E. GRAY Court:TCCA Attorneys: Angela R. Scott, Henderson, Tennessee, for the appellant, Chauncey E. Gray. Paul G. Summers, Attorney General & Reporter; Laura McMullen Ford, Assistant Attorney General; James G. Woodall, District Attorney General; and Jody Pickens, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Chauncey E. Gray, appeals as of right from his convictions by a jury in the Chester County Circuit Court of forgery, a Class E felony, and theft of property valued at $500 or less, a Class A misdemeanor. The trial court sentenced him as a Range II, multiple offender to a four-year sentence for the forgery to be served in the Department of Correction, imposed a $1,500 fine, and ordered $400 in restitution. It imposed a sentence of eleven months, twenty-nine days at seventy-five percent for the theft to be served concurrently and a $1,250 fine. The defendant contends that his effective four-year sentence is excessive and that he should have received a sentencing alternative to confinement. We affirm the sentences imposed by the trial court. http://www.tba.org/tba_files/TCCA/grayce.wpd
SIDNEY MCGLOWAN v. STATE OF TENNESSEE Court:TCCA Attorneys: Sidney McGlowan, Tiptonville, Tennessee, pro se. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and James Wax, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The petitioner, Sidney McGlowan, filed for post-conviction relief alleging the ineffective assistance of counsel. The post-conviction court summarily dismissed the petition. On appeal, the petitioner alleges that the court erred by dismissing his petition without appointment of counsel and without an evidentiary hearing. Following a review of the record, we affirm the judgment of the post- conviction court. http://www.tba.org/tba_files/TCCA/mcglowans.wpd
JAMES THOMAS PAGE v. STATE OF TENNESSEE Court:TCCA Attorneys: Mike Mosier, Jackson, Tennessee, for the appellant, James Thomas Page. Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General; James G. Woodall, District Attorney General; and Al Earls, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The petitioner, James Thomas Page, appeals as of right from the Chester County Circuit Court's denial of his petition for post-conviction relief. The petitioner pled guilty to second degree murder, a Class A felony, and received the agreed, forty-year sentence as a 100% violent offender. He contends that he received the ineffective assistance of counsel and that he did not understand what was happening at the guilty plea hearing. We affirm the trial court's denial of the petition. http://www.tba.org/tba_files/TCCA/pagetj.wpd
STATE OF TENNESSEE v. DARROW LYNN WILLIAMS Court:TCCA Attorneys: C. Michael Robbins, Memphis, Tennessee (on appeal); Gary F. Antrican, District Public Defender; and David S. Stockton, Assistant District Public Defender (at trial), for the appellant, Darrow Lynn Williams. Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr., Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and James W. Freeland, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: Defendant appeals his conviction of second degree murder following a jury trial. He presents three issues for our review: (1) whether the evidence was sufficient to support the conviction; (2) whether the trial court erred in failing to instruct the jury to disregard certain hearsay testimony; and (3) whether the trial court erred in failing to rule on defendant's objection to a question asked by the prosecuting attorney. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/williamsdl.wpd
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