Opinion FlashMarch 12, 2002Volume 8 — Number 045 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 LYNN HALL, et al. v. MARK BOOKOUT Court:TCA Attorneys: Robin L. Miller, Chattanooga, Tennessee, for the Appellant, Mark Bookout. Gary R. Patrick, Chattanooga, Tennessee, for the Appellees, Lynn and Lillian Hall. Judge: SWINEY First Paragraph: Lynn and Lillian Hall, the maternal grandparents ("Grandparents") of the minor child ("Child"), filed a Petition for Custody seeking permanent custody of the Child, naming the Child's biological father ("Father"), Mark Bookout, as the defendant. The Grandparents had temporary custody of the Child pursuant to an ex parte order. At the close of proof at trial, the Trial Court found that the Father was not unfit. In its Order, however, the Trial Court made no specific finding regarding the risk of substantial harm if the Child was placed in Father's custody. The Trial Court denied the Grandparents' petition but did not order the Child returned to Father's custody by any set date but instead provided only that the "ultimate goal" was for the Child to be returned to Father. Father appeals. We affirm, in part, and modify, in part, and remand. http://www.tba.org/tba_files/TCA/halll.wpd MECHANICS LAUNDRY SERVICE v. AUTO GLASS COMPANY OF MEMPHIS, INC. d/b/a JACK MORRIS AUTO GLASS Court:TCA Attorneys: Mark Griffin, Memphis, For Appellant, Auto Glass Company of Memphis William A. Cohn, Cordova, For Appellee, Mechanics Laundry Service Judge: CRAWFORD First Paragraph: In this breach of contract case, defendant corporation denies liability under the contract because defendant's employee who signed the contract, ostensibly on behalf of the corporation, had no authority to do so. Plaintiff contends that the person signing the contract had apparent authority to act for the corporation. The trial court granted summary judgment to the plaintiff. Defendant appeals. We vacate, render, and remand. http://www.tba.org/tba_files/TCA/mechanics.wpd MARK GRAHAM V. MICHAEL J. MOHR Court:TCA Attorneys: John M. Higgason, Jr., Chattanooga, Tennessee, for the appellant, Michael J. Mohr. David L. Moss, Chattanooga, Tennessee, for the appellee, Mark Graham. Judge: SUSANO First Paragraph: These consolidated cases arise out of a two-vehicle accident. The jury returned a verdict in favor of Mark Graham, assigning 51% of the fault to Michael J. Mohr and 49% to Graham. Mohr appeals, raising issues pertaining to the propriety of the trial court's ruling excluding the testimony of the police officer who investigated the accident. We affirm. http://www.tba.org/tba_files/TCA/mohrmj.wpd ERIC BROOKS v. STATE OF TENNESSEE Court:TCCA Attorneys: Susan L. Kay; Ryan P. Green; and Sonja Clayton-Pedersen, Nashville, Tennessee, for the appellant, Eric Brooks. Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Pam Anderson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Eric Brooks, pled guilty to the sale of a controlled substance and received a sentence of twelve years to be served on Community Corrections. The Defendant was subsequently arrested and his case officer filed an affidavit indicating that his arrest constituted a violation of his Community Corrections program. A hearing was held, at which the Defendant was represented by counsel, and the trial judge revoked the Defendant's Community Corrections sentence, re-sentencing him to fourteen years in the Department of Correction. The Defendant subsequently filed a petition for post-conviction relief, which the trial court eventually dismissed summarily. The Defendant now appeals from that dismissal. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/brookse.wpd BARRY DAVIS v. STATE OF TENNESSEE Court:TCCA Attorneys: D. Michael Dunavant, Ripley, Tennessee, for the appellant, Barry Davis. Paul G. Summers, Attorney General and Reporter; Braden H. Boucek, Assistant Attorney General; Elizabeth Rice, District Attorney General; and Tracey A. Brewer, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Barry Davis, was convicted by a jury of first degree premeditated murder and aggravated assault. His convictions were affirmed on direct appeal. See State v. Barry Davis, No. 02C01-9902-CC-00063, 1999 Tenn. Crim. App. LEXIS 845 (Jackson, Aug. 19, 1999). The Defendant subsequently filed a petition for post-conviction relief, alleging that he received ineffective assistance of counsel at trial. The trial court denied the Defendant's petition and this appeal followed. Finding no merit in the Defendant's allegations, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/davisb.wpd JESSE JAMEEL DAWAN, AKA JESSIE JONES, JR. v. STATE OF TENNESSEE Court:TCCA Attorneys: James Seymour Haywood, Brownsville, Tennessee, for the appellant, Jesse Jameel Dawan. Paul G. Summers, Attorney General & Reporter; Kim R. Helper, Assistant Attorney General; and Guy Townsend, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WADE First Paragraph: The petitioner, Jesse Jameel Dawan, appeals the denial of his petition for post-conviction relief. In this appeal, he claims that he was denied the effective assistance of counsel. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/dawanj.wpd STATE OF TENNESSEE v. KIMBERLY DAWN FRENCH Court:TCCA Attorneys: Victoria L. DiBonaventura, Paris, Tennessee, for the Appellant, Kimberly Dawn French. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; G. Robert Radford, District Attorney General; and Steven L. Garrett, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Henry County jury convicted the Defendant of one count of introducing drugs into a penal institution. The Defendant now appeals, challenging the sufficiency of the convicting evidence. After reviewing the record, we conclude that the evidence is sufficient to support the conviction and therefore affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/frenchkd.wpd STATE OF TENNESSEE v. MICHAEL ELVIS GREEN Court:TCCA Attorneys: Scottie O. Wilkes, Memphis, Tennessee, for the appellant, Michael Elvis Green. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, 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: A Hardeman County jury found the defendant guilty of rape. Four issues are raised on appeal: (1) whether there was sufficient evidence to support the conviction; (2) whether the trial court erred in denying the defendant a continuance; (3) whether evidence of the defendant's escape from jail was improperly admitted; and (4) whether the trial court should have charged the jury as to sexual battery, statutory rape, and Class B misdemeanor assault as lesser-included offenses of rape. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/greenme.wpd STATE OF TENNESSEE v. TERRANCE DESHONE KINNIE Court:TCCA Attorneys: Daniel J. Taylor, Jackson, Tennessee, for the appellant, Terrance Deshone Kinnie. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Jerry Woodall, District Attorney General; and Shaun Brown, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Terrance Deshone Kinnie, was convicted of second degree murder. After a sentencing hearing the Defendant was sentenced to twenty-three years in the Department of Correction. On appeal, the Defendant contends that the evidence is insufficient to support a verdict of guilty beyond a reasonable doubt. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/kinnietd.wpd THEODORE R. POINTER, III v. JAMES DUKES, WARDEN Court:TCCA Attorneys: Theodore R. Pointer, III, Henning, Tennessee, pro se. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Stephanie R. Reevers, Associate Deputy Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner filed a petition for writ of habeas corpus, alleging that the Department of Correction had wrongfully altered two judgment forms so as to require service of his sentences in prison rather than in the county workhouse. The trial court summarily denied the petition. Because the petitioner has failed to allege grounds that would warrant habeas corpus relief, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/pointert.wpd CHARLES E. ROBINSON v. STATE OF TENNESSEE Court:TCCA Attorneys: Gene Honea, Assistant Public Defender, for the appellant, Charles E. Robinson. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; and Mary Katherine Harvey, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WADE First Paragraph: The petitioner, Charles E. Robinson, appeals the trial court's dismissal of his petition for post- conviction relief as time-barred. The petitioner asserts that, because he was unilaterally denied the opportunity for second-tier review of his conviction, due process requires tolling of the statute of limitations. The judgment of the trial court is reversed and remanded. http://www.tba.org/tba_files/TCCA/robinsonc.wpd DEMARCUS SHERIFF SMITH v. STATE OF TENNESSEE Court:TCCA Attorneys: Mary Ellen Stevens, Union City, Tennessee, for the Appellant, Demarcus Sheriff Smith. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; J. Ross Dyer, Assistant Attorney General; Thomas A. Thomas, District Attorney General; and Jim Cannon, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Demarcus Sheriff Smith, appeals from the dismissal of his petition for post- conviction relief. Smith pled guilty to second degree murder and aggravated assault, and received an effective seventeen and one-half-year sentence in the Department of Correction. On appeal, Smith argues that he received ineffective assistance of counsel. After review, we affirm the judgment of the Obion County Circuit Court dismissing the petition. http://www.tba.org/tba_files/TCCA/smithd.wpd STATE OF TENNESSEE v. NELSON TROGLIN Court:TCCA Attorneys: Howard L. Upchurch, Pikeville, Tennessee, for the appellant, Nelson Troglin. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; J. Michael Taylor, District Attorney General; and James W. Pope, III, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: The defendant, Nelson Troglin, was convicted of second degree murder following a jury trial in the Bledsoe County Circuit Court. The trial court subsequently imposed a sentence of twenty-three years. In this appeal, Defendant raises the following issues: (1) whether the evidence was sufficient to support his conviction; (2) whether the trial court erred by ruling that Defendant's statement to the police was admissible as evidence during his trial; (3) whether comments made by the trial court during curative instructions to the jury constituted impermissible expressions of bias toward Defendant, effectively depriving him of his right to a fair trial; (4) whether the trial court erred when it excluded evidence that a person, not Defendant, had assaulted the victim on the day of his death, and when it allowed an expert to testify concerning evidence which was not revealed to Defendant during regular discovery; (5) whether the trial court erred by failing to instruct the jury on the lesser- included offenses of reckless homicide and criminally negligent homicide; and (6) whether the sentence imposed by the trial court was excessive. After a thorough review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/troglinnelson.wpd STATE OF TENNESSEE v. JOHN DAVID WHITE Court:TCCA Attorneys: Michael J. Flanagan, Nashville, Tennessee, for the appellant, John David White. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and Paul A. Holcombe, III, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, John David White, was convicted by a jury in the Rutherford County Circuit Court for aggravated burglary, theft of property valued over $1,000, felony evading arrest, vandalism, and driving while his license was suspended. He was sentenced to a total of twenty-one years in the Department of Correction as a career offender. In this appeal, the defendant contends (1) that the trial court should have suppressed evidence obtained from the stop of his truck and (2) that the trial court erred in instructing the jury relative to flight from crime. We affirm the trial court. http://www.tba.org/tba_files/TCCA/whitej.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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