Opinion FlashJanuary 14, 2002
Volume 8 Number 009
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
BEATRICE SCOTT NALL v. E.I. DUPONT DE NEMOURS AND COMPANY, et al. Court:TSC - Workers Comp Panel Attorneys: John R. Lewis, Nashville, Tennessee, and Wm. J. Peeler, Waverly, Tennessee, for the appellants, E.I. Dupont De Nemours and Company and Kemper Insurance Companies. Charles L. Hicks, Camden, Tennessee, for the appellee, Beatrice Scott Nall. Judge: INMAN First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann.S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The issue in this case is whether the plaintiff is entitled to interest on an award of benefits. The judgment did not comply with Rule 58 of the Tenn. R. Civ. P., and never became final, but the judgment was nevertheless satisfied. The defendant declined to pay interest on the judgment because it was not final. The trial court awarded a recovery of interest. We affirm. http://www.tba.org/tba_files/nallbeatricev.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules December 10, 2001 Amended January 14, 2002 http://www.tba.org/tba_files/TSC_Rules/certlist_1210.amended.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules January 14, 2002 http://www.tba.org/tba_files/TSC_Rules/certlist_0114.wpd
BEAL BANK, S.S.B., v. RBM COMPANY, d/b/a WEBSTER ENTERPRISES, ESTATE OF H.A. ("BAM") WEBSTER, W. MICHAEL WEBSTER, AND RICHARD J. WEBSTER Court:TCA Attorneys: Richard T. Klingler and Richard C. Kennedy, Chattanooga, Tennessee, for Defendant/Appellant. James R. Kelley, Marc T. McNamee and Philip D. Irwin, Nashville, Tennessee, for Plaintiff/Appellee. Judge: FRANKS First Paragraph: The Trial Court admitted into evidence the loan records from NationsBank through a witness who was thoroughly familiar with the record-keeping process. On appeal, we affirm. http://www.tba.org/tba_files/TCA/bealbank.wpd
RICKY W. McELHANEY v. HOWARD B. BARNWELL Court:TCA Attorneys: Ricky W. McElhaney, pro se, Wartburg, Tennessee. Howard B. Barnwell, pro se, Chattanooga, Tennessee. Judge: SWINEY First Paragraph: In 1998, Ricky W. McElhaney ("Plaintiff"), filed a petition seeking disbarment of his former criminal defense attorney, Howard B. Barnwell ("Defendant"). Plaintiff relied upon the statutory scheme provided by Tenn. Code Ann. S 23-3-201, et seq., which allows an individual aggrieved by the act or conduct of a Tennessee attorney to file a complaint in state court seeking disbarment or suspension against that attorney. Effective March 30, 2000, this statutory scheme was repealed by 2000 Tenn. Pub. Acts 611 S 1. Thereafter, the Trial Court dismissed Plaintiff's petition, holding that since Tenn. Code Ann. S 23-3-201, et seq., was procedural and jurisdictional in nature and since the statutory scheme was repealed, the Trial Court no longer had jurisdiction to hear the petition. Plaintiff appeals. We vacate and remand. http://www.tba.org/tba_files/TCA/mcelhaneyrw_opn.wpd
RICKY W. McELHANEY v. HOWARD B. BARNWELL FRANKS DISSENTING http://www.tba.org/tba_files/TCA/mcelhaneyrw_dis.wpd
WILLIAM R. VARNER v. CITY OF KNOXVILLE, TENNESSEE, et al. Court:TCA Attorneys: David L. Bacon, Knoxville, Tennessee, for the appellant, William R. Varner. Charles W. Swanson and Jason H. Long, Knoxville, Tennessee, for the appellee, Knoxville City Council. Sharon E. Boyce, Knoxville, Tennessee, for the appellee, City of Knoxville. Judge: SUSANO First Paragraph: By way of a complaint for writ of certiorari, the plaintiff challenges the decision of the Knoxville City Council ("the City Council") to deny his application to rezone his .5 acre lot from low density residential to commercial for the expansion of a used car lot located on adjacent property. Following a bench trial, the court below dismissed the complaint. We affirm. http://www.tba.org/tba_files/TCA/varnerwr.wpd
STATE OF TENNESSEE v. MARK CHRISTOPHER DAVIS Court:TCCA Attorneys: Ardena J. Garth, District Public Defender; and Donna Robinson Miller, Assistant District Public Defender, Chattanooga, Tennessee, for the Appellant, Mark Christopher Davis. Paul G. Summers, Attorney General & Reporter; Gill R. Geldrich, Assistant Attorney General; William H. Cox, III, District Attorney General; and Barry A. Steelman, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Mark Christopher Davis appeals the Hamilton County Criminal Court's denial of his petition for post-conviction relief. Because Davis has not demonstrated error in the lower court's determination that he was provided the effective assistance of trial counsel in the conviction proceedings, we affirm. http://www.tba.org/tba_files/TCCA/davismarkc.wpd
STATE OF TENNESSEE v. STEVE GASS Court:TCCA Attorneys: Gerald L. Melton, District Public Defender, and Jeffrey S. Henry, Assistant District Public Defender, for the appellant, Steve Gass. Paul G. Summers, Attorney General & Reporter; Elizabeth T. Ryan, Assistant Attorney General; and Paul A. Holcombe, III, and William S. Osborne, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Steve Gass, was indicted on two counts of rape of a child and two counts of aggravated sexual battery. See Tenn. Code Ann. SS 39-13-522, 39-13-504. He was convicted of one count of rape of a child, one count of aggravated sexual battery, and one count of attempted rape of a child. The trial court ordered sentences of 21 years, nine years, and 11 years, respectively. In this appeal of right, the defendant presents several evidentiary issues; asserts that the evidence was insufficient; argues that the trial court should have granted a new trial based on newly discovered evidence and prosecutorial misconduct grounds; contends that the trial court erred by not granting a mistrial based on a prejudicial comment made by a potential juror during voir dire; and submits that the cumulative effect of the alleged errors impugns the reliability of the verdicts. The judgments of the trial court are affirmed. http://www.tba.org/tba_files/TCCA/gasssteve.wpd
STATE OF TENNESSEE v. TIMOTHY ALLEN MOORE Court:TCCA Attorneys: Daniel J. Taylor, Jackson, Tennessee, for the appellant, Timothy Allen Moore. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; Dan Alsobrooks, District Attorney General; and Lisa D. Donegan, Assistant District Attorney, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Timothy Allen Moore, pled guilty to two counts of aggravated robbery, a Class B felony. The trial court subsequently sentenced the Defendant as a Range I standard offender to the minimum sentence of eight years on each count. The trial court ran the sentences concurrently to each other, but consecutively to a sentence the Defendant had received in another county. In this appeal as of right, the Defendant challenges the trial court's imposition of consecutive sentences. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/mooreta.wpd
STATE OF TENNESSEE v. DARRELL M. SCALES Court:TCCA Attorneys: Jeffrey A. DeVasher, Nashville, Tennessee, for the appellant. Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Pamela Anderson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Darrell M. Scales, was convicted by a jury of three counts of aggravated robbery and three counts of aggravated sexual battery. The trial court subsequently sentenced the Defendant to nine years on each of the robberies and to nine years on each of the sexual batteries. The court ordered the sentences to be run partially consecutive, for an effective sentence of twenty-seven years. In this appeal as of right, the Defendant raises the following five issues: (1) whether the trial court erred by refusing to suppress identification testimony; (2) whether the evidence is sufficient to support his convictions; (3) whether the trial court erred in failing to require the State to elect from two separate incidents of aggravated sexual battery against one of the victims; (4) whether the trial court erred in failing to charge the jury on lesser-included offenses of aggravated sexual battery; and (5) whether the trial court erred in ordering partially consecutive sentences. We hold that the trial court committed reversible error when it failed to require the State to elect offenses, and that it committed reversible error when it failed to instruct the jury on all lesser-included offenses of aggravated sexual battery. Accordingly, we reverse and remand for retrial the Defendant's convictions for aggravated sexual battery. In all other respects the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/scalesdm.wpd
STATE OF TENNESSEE v. JEFFREY K. SHAW Court:TCCA Attorneys: Jeffrey A. DeVasher, Nashville, Tennessee, for the appellant, Jeffrey K. Shaw. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Derrick Scretchen, Assistant District Attorney General. Judge: WELLES First Paragraph: On February 5, 2001, the Defendant, Jeffery K. Shaw, entered a plea of guilty to felony weapon possession. Pursuant to Rule 37 (b)(1)(i) of the Tennessee Rules of Criminal Procedure, the Defendant sought to reserve a certified question of law to be reviewed by this Court. In this appeal, the Defendant contends that the trial court erred in denying his motion to suppress evidence and statements obtained as a result of the Defendant's arrest in the home of a third party. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/shawjk.wpd
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