Opinion FlashOctober 104, 2002Volume 8 — Number 179 Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion. This Issue (IN THIS ORDER):
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel RUTH CAROLYN WELLS and RAYMOND L. WELLS, Individually and as Husband and Wife v. J.C. PENNEY COMPANY, INC. Court:TCA Attorneys: David F. Kustoff and James S. Strickland, Memphis, Tennessee, for appellants, Ruth Carolyn Wells and Raymond L. Wells, Individually and as Husband and Wife. G. Ray Bratton and Gregory W. O'Neal, Memphis, Tennessee, for appellee, J.C. Penney Company, Inc. Judge: LILLARD First Paragraph: This is a premises liability case. The plaintiff customer was shopping in a retail store. After a dispute with an unidentified customer over which customer would purchase certain merchandise, the unidentified customer grabbed the plaintiff's wrist. The plaintiff customer sued the retail store, asserting that the store had a duty to protect her from the customer's assault. The store moved for summary judgment, which the trial court granted. We affirm, finding that the assault was unforeseeable, and therefore the retailer did not have a duty of care to protect the customer from it. http://www.tba.org/tba_files/TCA/wellsrc.wpd STATE OF TENNESSEE v. DONNA F. BENSON Court:TCCA Attorneys: Lee Wilson, Memphis, Tennessee, for the appellant, Donna F. Benson. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and Camille McMullen, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant, a former employee of the Shelby County Criminal Court Clerk's office, pled guilty to two counts of public servant accepting a bribe, in violation of Tennessee Code Annotated section 39-16-102, a Class C felony. The trial court sentenced her as a Range I, standard offender to concurrent terms of three years on each count, but suspended all but ninety days of the sentence, to be served on weekends at the county workhouse. The defendant was also placed on probation for three years, ordered to perform 300 hours of community service, and assessed a $1000 fine for each count. She argues on appeal that the trial court erred in denying her judicial diversion or full probation. After reviewing the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/bensond.wpd ERIC BOYD v. STATE OF TENNESSEE Court:TCCA Attorneys: Mark E. Stephens, District Public Defender; and John Halstead, Assistant Public Defender, Knoxville, Tennessee, for the appellant, Eric Boyd. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; Randall Eugene Nichols, District Attorney General; Marsha Mitchell, Assistant District Attorney General; and Fred Bright, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Appellant, Eric Boyd, appeals the trial court's denial of his petition for post-conviction relief. The issues presented for review are, whether the State's promise not to offer Appellant's co-defendant a lesser sentence than Appellant, was in fact a condition of Appellant's plea agreement, and if so what relief Appellant should receive as a result of the State's breach of that condition. We hold that the State breached the conditions of its plea agreement with Appellant, thereby entitling him to post- conviction relief. We further hold that the appropriate remedy is to set aside Appellant's guilty pleas and for the original charges to be reinstated. http://www.tba.org/tba_files/TCCA/boyderic.wpd STATE OF TENNESSEE v. JOE CARLTON HURT Court:TCCA Attorneys: Guy T. Wilkinson, District Public Defender; and Richard W. DeBerry, Assistant Public Defender, for the appellant, Joe Carlton Hurt. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; G. Robert Radford, District Attorney General; and John W. Overton, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant contends the trial court should have sentenced him to a Community Corrections Program. We conclude ample evidence exists to support the trial court's findings that incarceration is necessary to protect society from the defendant. The defendant has a long history of criminal conduct. We affirm the judgments from the trial court. http://www.tba.org/tba_files/TCCA/hurtjc.wpd STATE OF TENNESSEE v. MARK D. NUNNALLY Court:TCCA Attorneys: M.C. Jermann, Memphis, Tennessee, for the appellant, Mark D. Nunnally. Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr., Assistant Attorney General; and William L. Gibbons, District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant seeks appellate review of his motion to clarify the prior judgments of the trial court. We dismiss the appeal because the record does not reflect any order of the trial court concerning the motion. http://www.tba.org/tba_files/TCCA/nunnallym.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! 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