Opinion FlashDecember 3, 2002
Volume 8 Number 211
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
RHANDIE PARKER, et al. v. WANDA McDANIEL, et al. Court:TCA Attorneys: R. Jackson Rose, Harrogate, Tennessee, for the Appellants Rhandie and Janice Parker, and Hershel D. Williams. John T. Johnson, Knoxville, Tennessee, for the Appellee Wanda McDaniel, Administratrix of the Estate of Shannon Welch. Gregory F. Coleman and Michael A. Myers, Knoxville, Tennessee, for the Appellee Curtis Mayford Brooks, Jr., Administrator of the Estate of Stacy Ann Brooks. Judge: SWINEY First Paragraph: Shannon Dale Welch ("Welch") and Stacy Ann Brooks ("Brooks") were the only two occupants in an automobile traveling at a high rate of speed when it collided with a vehicle driven by Rhandie Parker ("Parker"). Parker's brother-in-law, Hershel D. Williams ("Williams"), was a passenger in his vehicle. As a result of the accident, Parker claimed $27,100 in property damage, medical expenses of $8,241.52, and personal injuries. Williams claimed medical expenses totaling $9,545.38 and personal injuries. Parker's wife, Janice Parker ("Ms. Parker"), asserted a claim for loss of consortium. A jury returned a verdict against Welch in favor of Parker for $35,000, and awarded Ms. Parker nothing. Williams was awarded $29,000. All three Plaintiffs appeal with the primary issue being the adequacy of the verdict. We affirm. http://www.tba.org/tba_files/TCA/parker2r.wpd
STATE OF TENNESSEE v. DAVID L. BAKER Court:TCCA Attorneys: David N. Brady, District Public Defender, and H. Marshall Judd, Assistant Public Defender, for the appellant, David L. Baker. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; William E. Gibson, District Attorney General; and Gary S. McKenzie, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant, David L. Baker, was convicted of driving under the influence, fourth offense, and sentenced to eleven months, twenty-nine days, with 210 days to be served in the county jail and the balance on supervised probation. He was ordered to pay a fine of $1100 and to complete an alcohol education safety program, and his driver's license was suspended for four years. He timely appealed, presenting as the single issue his claim that the evidence presented was insufficient to support the verdict. Following our review, we affirm the judgment of conviction. http://www.tba.org/tba_files/TCCA/bakerd.wpd
STATE OF TENNESSEE v. ANDRE D. KIMBROUGH Court:TCCA Attorneys: Edward S. Ryan, Nashville, Tennessee, for the appellant, Andre D. Kimbrough. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Renee Erb, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Andre Kimbrough, appeals his conviction in the Davidson County Criminal Court for second degree murder. Defendant argues that the trial court erred by: 1) failing to act as a thirteenth juror; 2) permitting the State to impeach the Defendant using prior bad acts without giving proper notice to the Defendant; and 3) not applying certain mitigating factors in sentencing Defendant. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/kimbroug.wpd
STATE OF TENNESSEE v. JEROME F. SAWYERS Court:TCCA Attorneys: Justin Johnson, Nashville, Tennessee, for the appellant, Jerome F. Sawyers. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Brian Holmgren, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant, Jerome F. Sawyers, pled guilty on July 16, 2001, to possession of cocaine less than .5 grams for resale and felony possession of a firearm and was sentenced, respectively, to six years and two years as a Range I, standard offender, with both sentences to be served concurrently. A violation of probation warrant was issued on August 8, 2001, alleging that he had violated probation by being in possession of a weapon and failing to report to his probation officer as ordered. Following a hearing, the trial court revoked the defendant's probation; and he timely appealed, arguing that the proof was insufficient that he had violated the terms of his probation. We conclude that the evidence supports the revocation of probation. http://www.tba.org/tba_files/TCCA/sawyersj.wpd
STATE OF TENNESSEE v. JEFFREY DANA YORK Court:TCCA Attorneys: Merrilyn Feirman, Nashville, Tennessee (on appeal); Donna L. Hargrove, District Public Defender (on appeal and at trial); and Andrew Jackson Dearing, III, Assistant Public Defender (at trial), for the appellant, Jeffrey Dana York. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; William Michael McCown, District Attorney General; and Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant was charged with twenty-four separate counts including one count of driving under the influence, nine counts of reckless endangerment involving a deadly weapon, one count of reckless driving, eight counts of aggravated assault, two counts of failure to give notice of an accident, two counts of evading arrest creating a risk of death, and one count of false imprisonment. Eight of the reckless endangerment and reckless driving counts merged with other charges. The defendant entered guilty pleas to the other sixteen counts. After a sentencing hearing, the trial court imposed an effective sentence of thirty years and six months. The defendant appealed the sentence as excessive, arguing that the trial court erred in calculating his total sentence. After review of the record, we affirm the judgments of conviction but remand for entry of corrected judgments. http://www.tba.org/tba_files/TCCA/yorkj.wpd
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