Opinion FlashApril 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.
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Howard H. Vogel
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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