Opinion FlashNovember 21, 2002
Volume 8 Number 206
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
IN RE: Amendment to Supreme Court Rule 28, Sections 11 and 12 Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/rule28amd_ord.wpd
HELEN LOUISE HALL v. JAMES WILLIAM HALL Court:TCA Attorneys: Walter Bailey, Memphis, For Appellant, James William Hall Paul E. Lewis, Millington, For Appellee, Helen Louise Hall Judge: CRAWFORD First Paragraph: Plaintiff-wife sued defendant husband for a divorce on the grounds of inappropriate marital conduct and irreconcilable differences. After a nonjury trial, a divorce was awarded to wife and she was awarded alimony in futuro and part of her attorney fees. Husband has appealed the award of in futuro alimony. We affirm. http://www.tba.org/tba_files/TCA/hallh.wpd
HGI ASSOCIATES, INC. v. MACTRONICS, INC. Court:TCA Attorneys: William A. Cohn, Cordova, Tennessee, for the appellant, HGI Associates, Inc. Rex L. Brasher, Jr., Memphis, Tennessee, for the appellee, Mactronics, Inc. Judge: FARMER First Paragraph: Plaintiff was awarded a judgment for breach of contract and incidental damages in the amount of $18,356. The breach occurred when Defendant (Seller) was unable to deliver 500 computers which Plaintiff (Buyer) had contracted to purchase. Plaintiff appeals contending that the damages awarded by the trial court were inadequate. We affirm. http://www.tba.org/tba_files/TCA/hgi.wpd
PATSY MITCHELL, et ux. v. DR. JAMES ENSOR, M.D., et al. Court:TCA Attorneys: Robert A. McLean, Memphis, For Appellants, Patsy and Steve Mitchell Albert C. Harvey, Elizabeth T. Collins, Memphis, For Appellees, Dr. James Ensor, M.D. and Memphis Internal Medicine, P.L.L.C. Judge: CRAWFORD First Paragraph: Patient brought medical malpractice action against physician and medical group, including allegations that physician failed to obtain the informed consent of female patient prior to administration of a testosterone injection. The circuit court entered judgment on a jury verdict in favor of physician and medical group. Patient appealed. We affirm and remand. http://www.tba.org/tba_files/TCA/mitchellp.wpd
DAGMAR GABRIELE MOSS v. ALVIN WARREN MOSS Court:TCA Attorneys: Harriet S. Thompson, Bolivar, For Appellant, Dagmar Gabriele Moss H. Morris Denton, Bolivar, For Appellee, Alvin Warren Moss Judge: CRAWFORD First Paragraph: Wife filed a complaint for divorce alleging inappropriate marital conduct and, in the alternative, irreconcilable differences, and husband filed a counterclaim for divorce on the same grounds. The chancery court awarded the wife an absolute divorce and alimony in solido in the amount of $1,000.00, to be paid toward her attorney fees, but denied wife's claim for alimony in futuro. Wife appeals. We affirm as modified and remand. http://www.tba.org/tba_files/TCA/mossdag.wpd
IN THE MATTER OF: R.C.V. and O.V., children under the age of 18 years Court:TCA Attorneys: Webb A. Brewer, Barbaralette G. Davis, Nancy Percer Kessler, Memphis Area Legal Services, Inc., For Appellant, Cynthia Valle Paul G. Summers, Attorney General and Reporter, Douglas Earl Dimond, Assistant Attorney General, ForAppellee, Tennessee Department of Childrne's Services Judge: CRAWFORD First Paragraph: This is a termination of parental rights case on appeal for the second time. This Court in the first appeal reversed the order of the juvenile court terminating the parental rights of the parties primarily because the trial court failed to provide counsel to the parties pursuant to Rule 39, Tenn. R. Juv. P. On remand, the juvenile court found clear and convincing evidence justifying termination of parental rights pursuant to the applicable statutes and that termination was in the children's best interests. The juvenile court also held that the appointment of a special judge in this instance was not unconstitutional nor was the parent denied due process in the termination proceeding. As appealed, we affirm. http://www.tba.org/tba_files/TCA/rcv.wpd
STATE OF TENNESSEE v. CALVIN T. BARHAM Court:TCCA Attorneys: George Morton Googe, District Public Defender, and Vanessa D. King, Assistant Public Defender, for the appellant, Calvin T. Barham. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: Defendant pled guilty to possession of cocaine with intent to sell, a Class C felony. Defendant's motion to suppress evidence was denied by the trial court. Defendant claimed that evidence found on him was the result of an illegal search and should have been suppressed. The suppression issue was certified for review. We affirm the trial court and hold the evidence was properly admissible. http://www.tba.org/tba_files/TCCA/barhamc1.wpd
STATE OF TENNESSEE v. GEORGE R. CROFT Court:TCCA Attorneys: A C Wharton, Jr., and Tony N. Brayton (on appeal); and Timothy J. Albers and Sherrye J. Brown (at trial), Memphis, Tennessee, for the appellant, George R. Croft. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and J. Robert Carter, Jr., and David C. Henry, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Shelby County jury found the Defendant guilty of especially aggravated robbery and felony murder in the perpetration of a robbery. The trial court sentenced the Defendant as a Range I violent offender to life imprisonment for the felony murder conviction and to twenty-two years for the especially aggravated robbery conviction. On appeal, the Defendant argues that the trial court erred by failing to give a requested jury instruction on lost or destroyed evidence, that the evidence presented by an accomplice was not sufficiently corroborated to support the convictions, and that the trial court erred in sentencing the Defendant for the especially aggravated robbery conviction by not including in the record specific findings regarding the enhancement and mitigating factors considered in sentencing him. We affirm the Defendant's convictions, but remand to the trial court for a new sentencing hearing for the especially aggravated robbery conviction. http://www.tba.org/tba_files/TCCA/croftgr.wpd
MICHAEL EDMONDSON v. STATE OF TENNESSEE Court:TCCA Attorneys: Juni S. Ganguli, Memphis, Tennessee, for the appellant, Michael Edmondson. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and Stephen P. Jones, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The petitioner, Michael Edmondson, appeals as of right the Shelby County Criminal Court's denial of his petition for post-conviction relief. He challenges his convictions pursuant to guilty pleas contending that he received the ineffective assistance of counsel because his trial attorney failed to investigate and prepare his case for trial. We affirm the trial court's denial of the post-conviction petition. http://www.tba.org/tba_files/TCCA/edmondsn.wpd
STATE OF TENNESSEE v. LILLIE FRAN FERGUSON Court:TCCA Attorneys: Lloyd R. Tatum, Henderson, Tennessee, for the appellant, Lillie Fran Ferguson. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and James W. Thompson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: After entering a guilty plea, the defendant reserved certified questions for review: (1) whether the Terry search was justified, and (2) whether the incriminating nature of the contraband was immediately apparent. We hold that the officer lacked reasonable suspicion to justify a Terry frisk and that the object felt was not immediately apparent as contraband. We reverse and dismiss the defendant's conviction. http://www.tba.org/tba_files/TCCA/fergusonlf1.wpd
STATE OF TENNESSEE v. OPAL GAUSE Court:TCCA Attorneys: Tom W. Crider, District Public Defender; and Joyce Diane Blount, Assistant Public Defender, Tenton, Tennessee, for the appellant, Opal Gause. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Garry G. Brown, District Attorney General; and Larry Hardister, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Opal Gause, entered a guilty plea to two counts of aggravated assault. The trial court sentenced Defendant to two consecutive three-year terms, for an effective sentence of six years. The sentences were suspended, and Defendant was placed on probation for the length of his original sentences. A violation warrant was subsequently issued alleging Defendant had failed to meet the conditions of his probation. Following a hearing, Defendant's probation was revoked, and he was ordered to serve his original sentence with credit for time served pre-trial. Defendant now challenges the revocation of his probation. Following a review of the record, we affirm the decision of the trial court. http://www.tba.org/tba_files/TCCA/gause.wpd
STATE OF TENNESSEE v. JOE L. JONES Court:TCCA Attorneys: Clifford K. McGown, Jr., Waverly, Tennessee, (on appeal only); Joseph P. Atnip, District Public Defender; Colin Johnson, Assistant Public Defender, Dresden, Tennessee, (at trial and of counsel on appeal). Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Braden H. Boucek, Assistant Attorney General; Thomas A. Thomas, District Attorney General; and Allen J. Strawbridge, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Joe L. Jones, appeals from the sentencing decision of the Weakley County Circuit Court. After a trial by jury, Jones was convicted of casual exchange, a class A misdemeanor. Following a sentencing hearing, Jones received a split confinement sentence of eleven months and twenty-nine days, with forty-five days to be served in the county jail followed by probation. The trial court also imposed a $500 fine. On appeal, Jones contends that the trial court erred in imposing a sentence of continuous confinement and that the fine was excessive. Finding no error, the judgment is affirmed. http://www.tba.org/tba_files/TCCA/Jonesjo.wpd
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