Opinion Flash

April 24, 2002
Volume 8 — Number 070

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.

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
01 New Opinion(s) from the Tennessee Court of Appeals
05 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


DON J. LONG, FOR HIMSELF AND FOR THE BENEFIT OF GENE LANGLEY FORD,
INC. V. RALPH E. LANGLEY AND EDNA ELIZABETH LANGLEY

Court:TCA

Attorneys:  

Leo Bearman, Jr. and Elizabeth E. Chance, Memphis, Tennessee, for the
appellant, Don J. Long.

Jesse H. Ford, III, Jackson, Tennessee, for the appellees, Ralph E.
Langley and Edna Elizabeth Langley.                      

Judge: ACREE

First Paragraph:

This a lawsuit between the two stockholders of Gene Langley Ford,
Inc., an automobile dealership.  The issues involve the percentage of
ownership owned by the two stockholders and whether the defendant paid
himself an excessive salary for managing the business.  The Chancellor
held that the plaintiff owns forty-nine (49%) of the stock and the
defendant owns fifty-one percent (51%).  He further held that the
defendant's salary was not excessive.  We reverse the Chancellor's
decision regarding the ownership of the stock and hold that each party
owns fifty percent (50%).  We affirm the Chancellor's decision that
the defendant's salary was reasonable.

http://www.tba.org/tba_files/TCA/longdon.wpd

STATE OF TENNESSEE v. CHRISTOPHER CAMPBELL

Court:TCCA

Attorneys:   

AC Wharton, Jr., Shelby County Public Defender; W. Mark Ward,
Assistant Shelby County Public Defender, Memphis, Tennessee, for the
Appellant, Christopher Campbell.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; John H. Bledsoe, Assistant Attorney General;
William L. Gibbons, District Attorney General; and Glen Baity,
Assistant District Attorney General, for the Appellee, State of
Tennessee.

Judge: HAYES

First Paragraph:

The Appellant, Christopher Campbell, appeals the sentencing decision
of the Shelby County Criminal Court following his jury conviction for
aggravated robbery.  At sentencing, the trial court ordered that
Campbell's eight-year sentence in this case be served consecutively to
three prior convictions for aggravated robbery.  On appeal, Campbell
argues that the trial court erred in ordering consecutive sentences. 
Because the trial court failed to recite any reasons for imposing
consecutive sentences as required by Rule 32, Tennessee Rules of
Criminal Procedure, we are unable to perform appellate review of the
sentencing issue.  Accordingly, the case is remanded for determination
of consecutive sentencing as provided by Rule 32.

http://www.tba.org/tba_files/TCCA/campbellc.wpd

STATE OF TENNESSEE v. GEORGIA LUCINDA HAGERTY

Court:TCCA

Attorneys:        

Merrilyn Feirman, Nashville Tennessee (on appeal); David F. Bautista,
District Public Defender; and Ivan M. Lilly, Assistant Public Defender
(at trial), for the Appellant, Georgia Lucinda Hagerty.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; Joe C. Crumley, Jr., District
Attorney General; and Victor J. Vaughn, Assistant District Attorney
General, for the Appellee, State of Tennessee.                  

Judge: WITT

First Paragraph:

We granted an extraordinary appeal, pursuant to Tennessee Rules of
Appellate Procedure 10(a), to consider the Washington County Criminal
Court's denial of the defendant's ex parte motion seeking funds for
expert services, as outlined in Tennessee Supreme Court Rule 13 and
the holding in State v. Barnett, 909 S.W.2d 423 (Tenn. 1995).  We
stayed the trial court's proceedings pending our consideration of this
issue.  Upon a thorough review of the record in this case, the briefs
of the parties, and the applicable law, we reverse the ruling of the
trial court, remand for further proceedings consistent with our
opinion, and lift the previously ordered stay so that trial court
proceedings may resume.

http://www.tba.org/tba_files/TCCA/hagertygl.wpd

STATE OF TENNESSEE v. WALTER MCGILL

Court:TCCA

Attorneys:

Donald A. Bosch, Lisa B. Morton, and Keith D. Stewart, Knoxville,
Tennessee, for the appellant, Walter McGill.

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: MCGEE OGLE

First Paragraph:

The appellant, Walter McGill, pled guilty to one count of sexual
battery by an authority figure and was sentenced to five years
incarceration in the Tennessee Department of Correction.  On appeal,
the appellant contends that the trial court erred in failing to grant
him full probation, or, in the alternative, split confinement.  Upon
review of the record and the parties' briefs, we affirm the judgment
of the trial court.

http://www.tba.org/tba_files/TCCA/mcgillw.wpd

STATE OF TENNESSEE v. JACK CLAYTON MOBERLY, JR.

Court:TCCA

Attorneys:

Michael J. Flanagan, Nashville, Tennessee, for the appellant, Jack
Clayton Moberly, Jr.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Dan Mitchum Alsobrooks, District Attorney
General; and Suzanne M. Lockert, Assistant District Attorney General,
for the appellee, State of Tennessee.                        

Judge: TIPTON

First Paragraph:

The defendant, Jack Clayton Moberly, Jr., was convicted by a Dickson
County Circuit Court jury of aggravated robbery, a Class B felony,
conspiracy to commit robbery, a Class D felony, and aggravated
assault, a Class C felony.  The trial court sentenced him as a Range
I, standard offender to concurrent sentences of ten years for the
aggravated robbery conviction, two years for the conspiracy to commit
robbery conviction, and four years for the aggravated assault
conviction.  The defendant appeals his aggravated robbery conviction,
claiming that the indictment fails to allege that offense.  We affirm
the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/moberly.wpd

STATE OF TENNESSEE v. JEREMIAH WISEMAN

Court:TCCA

Attorneys:

Jake Erwin, Memphis, Tennessee, for the appellant, Jeremiah Wiseman.

Paul G. Summers, Attorney General & Reporter; Braden H. Boucek,
Assistant Attorney General; and Kevin Rardin, Assistant District
Attorney General, for the appellee, State of Tennessee.                            

Judge: WADE

First Paragraph:

The defendant, Jeremiah Wiseman, entered a plea of guilt to the
offense of carjacking.  See Tenn. Code Ann. S 39-13-404.  The trial
court imposed a mitigated offender sentence of 7.2 years and declared
that the defendant was ineligible for probation.  In this appeal of
right, the defendant claims he was erroneously denied the opportunity
for probation.  Because the defendant should have been considered as a
candidate for an alterative sentence, the judgment is reversed and the
cause remanded to the trial court for a probationary hearing.

http://www.tba.org/tba_files/TCCA/wisemanj.wpd

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