Opinion FlashOctober 28, 2002Volume 8 — Number 190 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 SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_1028.wpd SHERI M. ENGLISH, et al. v. CHRIS PRETTI, et al. Court:TCA Attorneys: Joseph M. Sparkman, Southaven, Mississippi, for the appellants, Sheri M. English and husband, David W. English. Robert M. Fargarson, Memphis, Tennessee, for the appellee, Allstate Insurance Company. Judge: FARMER First Paragraph: The trial court awarded summary judgment to the Plaintiffs' uninsured motorist insurance carrier, finding that the carrier's liability was offset by the workers' compensation award which the Plaintiff received for her injuries. We affirm. http://www.tba.org/tba_files/TCA/english.wpd PEGGY GASTON v. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY Court:TCA Attorneys: Larry B. Nolen, Athens, Tennessee, for the Appellant, Peggy Gaston. H. Chris Trew, Athens, Tennessee, for the Appellee, Tennessee Farmers Mutual Insurance Company. Judge: GODDARD First Paragraph: This appeal from the Circuit Court of McMinn County questions whether the Trial Court erred in granting a directed verdict in favor of Tennessee Farmers Mutual Insurance Company because it refused to pay its policyholder, Peggy Gaston, under the uninsured motorist provision of her policy which covered Peggy Gaston. We vacate and remand. http://www.tba.org/tba_files/TCA/gastonp.wpd SUSAN DIANE JONES v. STEVEN TRAVIS DORROUGH et al. Court:TCA Attorneys: Lynn Tarpy, Edward J. Shultz and Thomas M. Leveille, Knoxville, Tennessee, for the Appellants, Steven Travis Dorrough and Jayme Dorrough L. Caesar Stair, III, and W. Tyler Chastain, Knoxville, Tennessee, for the Appellee, Susan Diane Jones Judge: GODDARD First Paragraph: The origin of this appeal was a divorce proceeding between Steven Travis Dorrough and Susan Diane Jones. The question presented is the rights and responsibilities of the parties to a marital dissolution agreement incorporated in the final divorce decree as it relates to a piece of property located at 3003 Keller Bend Road in Knoxville, which had been the parties' marital residence. We affirm in part, vacate in part and remand. http://www.tba.org/tba_files/TCA/joness1.wpd IN RE: ESTATE OF EDWARD HILTON MORRIS, Deceased ROGER CLAYTON MORRIS v. LOLA JANE MORRIS Court:TCA Attorneys: Sam J. Watridge, Humboldt, For Appellant, Lola Jane Morris Harold E. Dorsey, Humboldt, For Appellee, Roger Clayton Morris Judge: CRAWFORD First Paragraph: Widow, electing to take against husband's will, filed a petition for year's support, exempt property, elective share, and homestead. Because the estate had no personal property with which to satisfy claims against the estate and the widow's benefits, widow filed a petition to sell the real property to provide such funds. The trial court declined to order a sale of the real property, contingent upon the executor paying the claims against the estate, exclusive of the claimed widow's benefits. Widow appeals. We affirm in part, reverse in part, and remand. http://www.tba.org/tba_files/TCA/morris.wpd STATE OF TENNESSEE v. MICHAEL CAMMON Court:TCCA Attorneys: Michael J. Flanagan, Nashville, Tennessee, for the appellant, Michael Cammon. Paul G. Summers, Attorney General & Reporter; David H. Findley, Assistant Attorney General; Bill Whitesell, District Attorney General; and John W. Price, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: The appellant, Michael Cammon, was convicted in a jury trial of robbery, aggravated assault and possession of over 300 grams of cocaine with the intent to sell or deliver. He was also convicted of felony possession of a weapon. For these offenses the appellant received sentences of three years, three years, twenty-two years, and two years, respectively. All sentences were set to run concurrently with each other, but consecutively to any previous sentences the appellant might have to serve. In this appeal he raises three issues for our consideration. First, he claims the evidence is insufficient to corroborate the testimony of his accomplice. Secondly, he alleges that the trial court erred in failing to instruct the jury with respect to the amount of controlled substance required for the offense charged. Finally, the appellant complains that the trial court erred in failing to instruct the jury on the lesser-included offense of simple assault. We find no reversible error with respect to the narcotics offense or with respect to the conviction for aggravated robbery. Those convictions are affirmed. However, we must reverse the conviction for aggravated assault and remand this case for a new trial. http://www.tba.org/tba_files/TCCA/cammonmichael.wpd STATE OF TENNESSEE v. ROMANIA ANN GADSON Court:TCCA Attorneys: Lonna K. Hildreth, Nashville, Tennessee, attorney for appellant, Romania Ann Gadson. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Lance A. Baker, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Romania Ann Gadson, pled guilty in the Montgomery County Circuit Court to seven felonies. While she was on probation for those crimes, the defendant committed and was convicted of three additional felonies and one misdemeanor. After a sentencing hearing, the trial court revoked the defendant's probation, determined that her effective sentence for the "old" convictions was twelve years, and ordered that she serve the twelve-year sentence in incarceration. The trial court also sentenced the defendant to an effective sentence of five years in confinement for the "new" convictions and ordered that she serve the five-year sentence consecutively to the twelve-year sentence. The defendant appeals, claiming (1) that the trial court incorrectly calculated the effective sentence for her old convictions to be twelve years; (2) that the trial court erred in sentencing her to the maximum punishment in the range for one of her new convictions; and (3) that she should have received a community corrections sentence for her new convictions. As to the defendant's claim that the trial court incorrectly calculated her twelve-year sentence, we remand the judgments of conviction to the trial court. As to the defendantŐs new convictions, we conclude that the trial court properly sentenced the defendant and affirm those judgments of conviction. http://www.tba.org/tba_files/TCCA/gadsonromaniaann.wpd STATE OF TENNESSEE v. AARON LEMBAR SMITH Court:TCCA Attorneys: Didi Christie, Brownsville, Tennessee (on appeal); and William B. (Jake) Lockert, III, District Public Defender, Ashland City, Tennessee (at trial and of counsel on appeal) for the appellant, Aaron Lembar Smith. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; and Kim G. Menke, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Following a jury trial, Defendant, Aaron Lembar Smith, was found guilty of two counts of Class D felony burglary (a building other than a habitation), one count of Class E felony vandalism, two counts of Class D felony theft, and one count of Class D felony vandalism. One of the burglaries, the Class D felony vandalism, and one of the Class D felony thefts, involved an incident which occurred at Centennial Elementary School in Dickson. The other charges involved an incident at Buckner City Park, which is located on property adjoining Centennial Elementary School. In this appeal, Defendant challenges the sufficiency of the evidence to sustain his convictions for the burglary, vandalism, and theft convictions arising from the incident at Centennial Elementary School. He does not challenge the sufficiency of the evidence, or raise any other issues, regarding the remaining charges. After a thorough review of the record, we affirm the convictions for burglary, vandalism, and theft regarding the incident at Centennial Elementary School. However, our review of the record indicates errors in the judgments; as the sentencing hearing is not a part of the record, but the judgments on their face are erroneous, we remand these cases to the Circuit Court of Dickson County for amended judgments to be entered or for a new sentencing hearing, if necessary. http://www.tba.org/tba_files/TCCA/smithaaron.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! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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