Opinion FlashOctober 15, 2002
Volume 8 Number 181
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):
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Howard H. Vogel
JULIA WILKES, et al. v. FRED'S, INC. d/b/a FRED'S SUPER STORE, et al. Court:TCA Attorneys: Ron W. McAfee, Memphis, Tennessee, for the appellants, Julia Wilkes and John Wilkes. Stephen P. Miller and Evan Nahmias, Memphis, Tennessee, for the appellee, Fred's, Inc. d/b/a Fred's Super Store. Judge: FARMER First Paragraph: Plaintiff slipped and fell on liquid laundry detergent which had spilled in the customer service area in Defendant's store. The jury returned a verdict in favor of the Defendant. We affirm. http://www.tba.org/tba_files/TCA/wilkesj.wpd
STATE OF TENNESSEE v. ROY L. DENTON Court:TCCA Attorneys: Roy L. Denton, Graysville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Will Dunn, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Roy L. Denton, was convicted by a jury of DUI and public intoxication. The Defendant now appeals as of right, raising the following issues: whether the trial court should have dismissed the indictment; whether the trial court should have stayed the proceedings; whether the trial court should have suppressed evidence; whether the trial court erred in refusing to admit certain evidence proffered by the Defendant; whether the evidence is sufficient to sustain the Defendant's conviction of DUI; whether the prosecutor engaged in misconduct during trial; whether the trial court should have granted the Defendant's motions for mistrial and/or new trial; whether the Defendant received ineffective assistance of counsel; and whether the trial court erred with respect to advising the Defendant about his right to appeal. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/dentonrl.wpd
STATE OF TENNESSEE v. NELSON KEITH FOSTER Court:TCCA Attorneys: Mark Toohey, Kingsport, Tennessee, for the appellant, Nelson Keith Foster. Paul Summers, Attorney General and Reporter; P. Robin Dixon, Jr., Assistant Attorney General; Greeley Wells, District Attorney General; and Joseph E. Perrin, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Nelson Keith Foster, pled guilty to and was convicted of violating a motor vehicle habitual offender order. The Defendant was subsequently sentenced to three years, to be served on probation. The Defendant appealed to this Court from the trial court's denial of his motion to withdraw his guilty plea. See State v. Nelson Keith Foster, No. E2001-01259-CCA-R3-CD, 2002 Tenn. Crim. App. LEXIS 172 (Knoxville, Mar. 7, 2002). Pending the Defendant's appeal, he twice violated the terms of his probation. Still pending the outcome of the Defendant's appeal, the trial court revoked the Defendant's probation. The Defendant now appeals the trial court's revocation of his probation. We reverse the trial court's order revoking the Defendant's probation and remand this matter for further proceedings. http://www.tba.org/tba_files/TCCA/fosternk1.wpd
JAMES E. SWIGGETT v. STATE OF TENNESSEE Court:TCCA Attorneys: James E. Swiggett, Mountain City, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Braden H. Boucek, Assistant Attorney General; and C. Berkeley Bell, District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, James E. Swiggett, was convicted by a jury in 1992 of first degree premeditated murder. His conviction was affirmed on direct appeal. See State v. James Swiggett, No. 03C01- 9209-CR-00312, 1994 Tenn. Crim. App. LEXIS 766 (Knoxville, Nov. 23, 1994), perm. appeal den. (Tenn. 1995). The Defendant subsequently filed for post-conviction relief, which petition was denied by the trial court as barred by the statute of limitations. This ruling was affirmed on direct appeal. See James E. Swiggett v. State, No. 03C01-9804-CR-00161, 1999 Tenn. Crim. App. LEXIS 422 (Knoxville, May 4, 1999), perm. appeal den. (Tenn. 1999). The Defendant then filed the instant petition for post-conviction relief, claiming grounds for tolling the statute of limitations. The trial court summarily dismissed the instant petition on the grounds that a prior petition had already been filed. This appeal followed. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/swiggettje.wpd
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