Opinion FlashFebruary 25, 2002Volume 8 — Number 035 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_0225.wpd JUDITH DIANE GREER v. EDWIN DANIEL GREER Court:TCA Attorneys: L.L. Harrell, Jr., Trenton, TN, for Appellant W. Brown Hawley, II, Paris, TN, for Appellee Judge: CHILDERS First Paragraph: This appeal arises out of a divorce action filed by the parties in Benton County, Tennessee. Edwin Daniel Greer ("Husband") appeals the trial court's decision awarding the parties' marital residence to Judith Diane Greer ("Wife"), ordering Husband to pay rehabilitative alimony for four years, and awarding attorney's fees to Wife. We reverse the trial court's decision awarding the marital residence and the adjoining 9.4 acres to Wife and remand for further action by the trial court. We affirm the trial court's decision awarding Wife rehabilitative alimony and an attorney's fee of $3,000.00. We remand the case to the trial court for the amount and duration of rehabilitative alimony. http://www.tba.org/tba_files/TCA/greere.wpd In Re: ESTATE of HILLARY R. SANDERS Court:TCA Attorneys: John Thomas O'Connor, Knoxville, Tennessee, for the Appellants, Conda Sanders, Bratcher Lee Sanders, John Sanders and Linda Blazier Robert W. Godwin, Knoxville, Tennessee, for the Appellants, Bettie Gray, Kathryne Brock and Vonna Beason Joe G. Bagwell, Knoxville, Tennessee, for the Appellees, Peter N. Harness, Dennis R. Keck and Elmer W. Sanders Judge: GODDARD First Paragraph: In this appeal from the Claiborne County Chancery Court the Appellants, Conda Sanders, Bratcher Lee Sanders, John Sanders, Linda Blazier, Bettie Gray, Kathryne Brock and Vonna Beason, contest the Trial Court's finding that the valid and controlling will of Hillary Sanders is the will executed by him on June 22, 1992. The Appellants contend that the joint will executed by Hillary Sanders and Fairobelle Sanders on September 8, 1974, is an irrevocable contract and, therefore, it, not the will of June 22, 1992, is the valid and controlling will of Hillary Sanders. We affirm the order of the Trial Court and remand with directions. http://www.tba.org/tba_files/TCA/sandersh.wpd STATE OF TENNESSEE v. BILLY HAROLD ARNOLD Court:TCCA Attorneys: Richard A. Spivey, Kingsport, Tennessee, for the appellant, Billy Harold Arnold. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Teresa Murray-Smith, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Billy Harold Arnold, appeals his misdemeanor theft conviction for which the Sullivan County Criminal Court sentenced him to eleven months twenty-nine days, all suspended except for thirty days confinement, "day for day." He contests the sufficiency of the evidence, the admission into evidence of prior similar conduct, and his sentence. We affirm the trial court, although we also note that a "day for day" term of confinement does not bar application of relevant good conduct credit statutes. http://www.tba.org/tba_files/TCCA/arnoldbillyharold.wpd STATE OF TENNESSEE v. F. CHRIS CAWOOD Court:TCCA Attorneys: Patrick C. Cooley, Kingston, Tennessee, for the Appellant, F. Chris Cawood. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; and J. Michael Taylor, District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant was indicted for two counts of promoting prostitution and for two counts of patronizing prostitution. Following a bench trial, the Defendant was convicted of two counts of attempting to patronize prostitution, a Class C misdemeanor; sentenced to thirty days suspended; and fined $50.00 for each count. The Defendant now appeals, arguing the following: (1) that the evidence is insufficient to support the convictions; (2) that the conduct by law enforcement in this case was so outrageous as to constitute a defense; (3) that a fatal variance exists between the indicted charges and the evidence presented at trial; (4) that the trial court erred in failing to suppress the audio and video tape evidence that was introduced at trial; and (5) that the trial court erred in denying the Defendant's motion to seal the audio and video tape evidence in this case. Concluding that the evidence is insufficient to support the convictions, we reverse the judgment of the trial court and dismiss the charges against the Defendant. http://www.tba.org/tba_files/TCCA/cawoodfc.wpd STATE OF TENNESSEE v. KENNETH ENGLAND Court:TCCA Attorneys: Julie A. Rice, Knoxville, Tennessee (on appeal); and Charles Herman, Jacksboro, Tennessee (at trial), for the Appellant, Kenneth England. Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann, Assistant Attorney General; William Paul Phillips, District Attorney General; Michael Ripley, Assistant District Attorney General; and John Steakley, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant pled guilty to three counts of retaliation for past action, a Class E felony, and the trial court sentenced him to four years on community corrections. Three separate violation warrants were subsequently issued against the Defendant. Following a revocation hearing, the trial court revoked the Defendant's placement on community corrections and ordered that the Defendant serve his original sentence in the Tennessee Department of Correction. The Defendant now appeals, arguing that the trial court erred in revoking his community corrections sentence and ordering him to serve his sentence in confinement. Finding no error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/englandk.wpd STATE OF TENNESSEE v. JEANNIE HUDSON Court:TCCA Attorneys: Edward Cantrell Miller, District Public Defender, and Susanne Bales, Assistant District Public Defender, for the appellant, Jeannie Hudson. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General; and Charles Edward Atchley, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: After pleading guilty to aggravated assault and receiving a sentence of split confinement of three years with nine months to be served day-for-day, defendant appeals her sentence. She requests full probation or allowance of good conduct credits while serving the incarceration portion of her sentence. We affirm the denial of full probation and reverse that portion of the sentence that provides day-for-day service. We hold that a defendant sentenced to the county jail for less than one year is entitled to earn good conduct credits pursuant to Tennessee Code Annotated section 41-2-111(b). http://www.tba.org/tba_files/TCCA/hudsonj.wpd JAMES EMMETT MOSES, JR. v. STATE OF TENNESSEE Court:TCCA Attorneys: D. Michael Dunavant, Ripley, Tennessee, for the Appellant, James Emmett Moses, Jr. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Tracey Brewer, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Petitioner pleaded guilty to one count of aggravated burglary, two counts of robbery and one count of theft under $500.00. Following a sentencing hearing, the trial court sentenced the Petitioner as a Range III persistent offender to twelve years for the aggravated burglary conviction, thirteen years for each of the robbery convictions, and eleven months and twenty-nine days for the misdemeanor theft conviction. The sentencing court imposed consecutive sentences for the robbery convictions, resulting in an effective sentence of twenty-six years in the Tennessee Department of Correction. This Court affirmed the sentences on appeal, and the Tennessee Supreme Court denied the Petitioner's application for permission to appeal. The Petitioner subsequently filed for post- conviction relief, claiming that his plea was constitutionally defective because he was inadequately represented and that his plea was not voluntarily, knowingly, and intelligently entered. The trial court denied relief. After review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/mosesje.wpd STATE OF TENNESSEE v. JERET TYRONE PHILLIPS Court:TCCA Attorneys: Stephen M. Wallace, District Public Defender; and William A. Kennedy, Assistant Public Defender, Blountville, Tennessee, for the appellant, Jeret Tyrone Phillips. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and William Harper, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Jeret Phillips, appeals from the order of the Sullivan County Criminal Court which revoked Defendant's probation and required him to serve his sentence in the Tennessee Department of Correction. After a thorough review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/phillipsjerett.wpd CAMILLA RAY v. STATE OF TENNESSEE Court:TCCA Attorneys: Albert J. Newman, Jr., Knoxville, Tennessee, for the appellant, Camilla Ray. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Robert L. Jolley, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTOON First Paragraph: The petitioner appeals from the Knox County Criminal Court's denying her post-conviction relief from her especially aggravated robbery and especially aggravated kidnaping convictions and resulting concurrent fifteen-year sentences that she received in 2000 based upon her pleas of guilty. She contends that her guilty pleas resulted from the ineffective assistance of counsel in that counsel misadvised her about the percentage of her sentence that she would have to serve in confinement. We affirm the trial court's denial of relief. http://www.tba.org/tba_files/TCCA/raycamilla.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN TBALink! SUBSCRIBE TO OPINION FLASH! For the HTML Text Version: UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! To STOP receiving TBALink Opinion-Flash: Home • Contact Us • PageFinder • What's New • Help |
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