Opinion Flash
December 11, 2002
Volume 8 — Number 217
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):
| 00 |
New Opinion(s) from the Tennessee Supreme Court |
| 03 |
New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel |
| 00 |
New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court |
| 18 |
New Opinion(s) from the Tennessee Court of Appeals |
| 04 |
New Opinion(s) from the Tennessee Court of Criminal Appeals |
| 00 |
New Opinion(s) from the Tennessee Attorney General (PDF format) |
| 00 |
New Judicial Ethics Opinion(s) |
| 00 |
New Formal Ethics Opinion(s) from the Board of Professional Responsibility |
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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink
BRENDA BARTON v. ANVIL INTERNATIONAL, INC., et al.
Court:TSC - Workers Comp Panel
Attorneys:
Jeffery G. Foster, Jackson, Tennessee, for the appellant, Anvil
International, Inc.
Scott G. Kirk, Jackson, Tennessee, for the appellee, Brenda Barton
Judge: LOSER
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. In this
appeal, the employer insists (1) the trial court erred in considering
an examining physician's opinion as not being based on statutory
guidelines and (2) the award of permanent partial disability benefits
based on 50 percent to one arm and 45 percent to the other arm is
excessive. As discussed below, the panel has concluded the judgment
should be affirmed.
http://www.tba.org/tba_files/TSC_WCP/bartonb.wpd
DONNA HARDEY v. PML, INC., EBI COMPANIES AND JAMES FARMER, DIRECTOR,
TENNESSEE DEPARTMENT OF LABOR, WORKERS' COMPENSATION DIVISION.
Court:TSC - Workers Comp Panel
Attorneys:
Ricky L. Boren, Jackson, Tennessee, for the appellant, Donna Hardey.
Jeffrey G. Foster, Jackson, Tennessee, for the appellee, PML, Inc. and
EBI Companies.
E. Blaine Sprouse, Nashville, Tennessee, for the appellee, Tennessee
Department of Labor, Workers' Compensation Division
Judge: MALOAN
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S50-6-285(e)(3) for hearing and reporting to the
Supreme Court of findings and fact and conclusions of law. In this
appeal the plaintiff, Donna Hardey (Hardey) contends the evidence
preponderates in favor of an award in excess of the twenty-five
percent (25%) permanent partial disability to the body as a whole
awarded by the trial court. For the reasons stated in this opinion,
we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TSC_WCP/hardy.wpd
SANDRA KAY POWERS, et al. v. AMERICAN INTERSTATE INSURANCE COMPANY,
et al.
Court:TSC - Workers Comp Panel
Attorneys:
Stephen Craig Kennedy, Selmer, Tennessee, for the appellants, Staton's
Home Furnishings and American Interstate Insurance Company
Art D. Wells, Jackson, Tennessee, for the appellee, Sandra Kay Powers,
as guardian and next friend of Jessica Witherspoon, Billy Joe
Witherspoon and Cody Witherspoon, minor children of David Witherspoon,
deceased
Gayden Drew, Jackson, Tennessee, for the appellee, Robbie McEwen,
administrator of the Estate of Timothy Gallimore, deceased
Judge: LOSER
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. In this
appeal, the employer insists the competent evidence preponderates
against the trial court's finding that the deaths of two employees
occurred in the course of their employment and in favor of a finding
that the employees had materially deviated from their employment at
the time of their deaths in a vehicular accident. As discussed below,
the panel has concluded the judgment of the trial court should be
affirmed.
http://www.tba.org/tba_files/TSC_WCP/powerss.wpd
VIRGINIA ABERNETHY v. ROBERT S. BRANDT, et al.
Court:TCA
Attorneys:
Douglas Thompson Bates, III, Centerville, For Appellant, Virginia
Abernethy
John W. Rodgers, Murfreesboro, For Appellees, Myrin I. Lunkin and
Naomi Lundin Barbara J. Perutelli, Nashville, For Appellee, Keith M.
Lundin Paul B. Plant, Lawrenceburg, For Appellees, Ashley Wiltshire,
Jr. and Susan Wiltshire Elaine M. Youngblood, Nashville, For
Appellees, Robert S. Brandt and Anne M. Brandt
Judge: CRAWFORD
First Paragraph:
This is a malicious prosecution case. In the underlying case,
plaintiff was sued by the defendants herein seeking recovery of
damages for plaintiff's alleged fraud and embezzlement. In a bench
trial, judgment was entered for plaintiff. Plaintiff filed the
instant case alleging malicious prosecution. Defendants raise the
defense of advice of counsel and their motion for summary judgment was
granted. Plaintiff has appealed. We affirm.
http://www.tba.org/tba_files/TCA/abernathyv.wpd
LEE KRAFT, as Executor of the Last Will and Testament
of Ms. Helen Bergida, deceased v. EZO-GOTEN, USA, INC.
Court:TCA
Attorneys:
John W. Nolan and Stanley A. Davis, Nashville, counsel for Appellant
Gordon C. Aulgur, Nashville, counsel for Appellee
Judge: TURNBULL
First Paragraph:
Personal representative of deceased patron brought this premises
liability suit against restaurant owner/occupier alleging that patron
tripped and fell from dangerous top step of front stairs to
restaurant. On defendant's motion for summary judgment, the trial
judge accorded no weight to the opinion of plaintiff's expert
architect, ruled that there was no proof of causation, and granted
summary judgment. We find that a reasonable juror could conclude from
the circumstantial evidence in the record that patron fell due to
tripping on the dangerous top step. Because the circumstantial
evidence creates a dispute as to a genuine issue of material fact, we
hold that summary judgment was inappropriate, reverse the trial court,
and remand the case.
http://www.tba.org/tba_files/TCA/bergidah.wpd
THE CITY OF OAK HILL v. AAMP, et al.
Court:TCA
Attorneys:
Douglas Berry, Nashville, Tennessee, for the appellant, The City of
Oak Hill.
Karl F. Dean, Philip D. Baltz and John L. Kennedy, Nashville,
Tennessee, for the appellee, The Metropolitan Government of Nashville
and Davidson County.
Judge: CAIN
First Paragraph:
This appeal concerns the City of Oak Hill's efforts to enforce its
exclusively residential zoning restrictions over a parcel of land
situated at the city's eastern border. The city appeals the trial
court's finding that "parcel 109" was located outside of Oak Hill's
city boundary and, therefore, not subject to the city's zoning
ordinances. We affirm the action of the trial court.
http://www.tba.org/tba_files/TCA/cityofoakhill.wpd
HENRY LEE DAVIDSON, SR. v. VICKIE DENISE DAVIDSON
Court:TCA
Attorneys:
Jeffrey S. Pulley, Nashville, Tennessee, attorney for the appellant,
Henry Lee Davidson, Sr.
Edward L. Hiland, Nashville, Tennessee, attorney (on appeal) for the
appellee, Vickie Denise Davidson.
Judge: KOCH
First Paragraph:
This appeal involves the dissolution of a sixteen-year marriage.
Following a bench trial, the Circuit Court for Davidson County
declared the parties divorced, divided their marital property and
debts, made provisions for the custody and support of their two minor
children, and awarded the wife rehabilitative spousal support for
approximately ten years. The husband challenges the spousal support
award on three grounds - that the wife does not need spousal support
in light of the marital property she received, that the amount of
spousal support is too high because the trial court miscalculated his
income, and that the trial court erroneously prevented him from
presenting evidence regarding the wife's fault. We have determined
that the spousal support award is supported by the evidence and,
therefore, we affirm it.
http://www.tba.org/tba_files/TCA/davidsonhl.wpd
F.T. GREER , et al. v. JOSEPH C. MACRI, et al.
Court:TCA
Attorneys:
Homer R. Ayers, Goodlettsville, Tennessee, for the appellants, F. T.
Greer and wife, Sally Robb Greer, and Sue R. Hancock.
Curtis M. Lincoln, Hendersonville, Tennessee, for the appellees,
Joseph C. Macri and wife, Laura L. Macri.
Judge: GRAHAM
First Paragraph:
This appeal arises from the denial of the Chancery Court of Sumner
County of Plaintiffs' request for an injunction. The dispute involves
the construction of a brick entranceway which connects a county road
to Defendants' driveway easement over the Plaintiffs' property. The
entranceway lies within the "metes and bounds" of a county road. The
Chancellor refused to grant an injunction ordering removal of the
entranceway holding that the county was the only party with standing
to seek removal of obstructions within the right-of-way of a county
road. We disagree with the Chancellor and find that the Plaintiffs
own fee simple title to the pertinent portion of the right-of- way and
therefore have standing to assert their ownership rights independent
of the county. We therefore reverse the finding of the Chancellor and
remand the case for further proceedings.
http://www.tba.org/tba_files/TCA/greerft.wpd
HERMAN S. HOWARD, et al. v. AMERICAN INDUSTRIES SERVICES, INC., et al.
Court:TCA
Attorneys:
Peter H. Curry and D. Alan Mingledorff, Nashville, Tennessee, for the
appellants, Herman S. Howard, American Direct Marketing, Inc.,
International Media, Inc. and The Media Group, Inc.
Kenneth M. Bryant, E. Todd Presnell, and David L. Johnson, Nashville,
Tennessee, for the appellees, American Industries Services, Inc. and
Raymond Tuppatsch.
Judge: CANTRELL
First Paragraph:
The Chancery Court of Davidson County dismissed the complaint in this
case for the plaintiffs' failure to respond to discovery requests.
The plaintiffs assert on appeal that the chancellor abused her
discretion. We affirm the chancery court.
http://www.tba.org/tba_files/TCA/howardhs.wpd
PAUL E. JOHNSON v. THE METROPOLITAN GOVERNMENT OF NASHVILLE AND
DAVIDSON COUNTY, TENNESSEE, AND LESTER L. WILLIAMS, JR., DIRECTOR OF
THE DEPARTMENT OF WATER AND SEWERAGE SERVICES OF THE METROPOLITAN
GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY.
(Opinion filed 08/07/02 is today withdrawn by order of the Court and
this Amended Opinion is substituted in it's place.)
Court:TCA
Attorneys:
Carol D. Kilgore, Nashville, Tennessee, for the appellant, Paul E.
Johnson.
Thomas G. Cross, Nashville, Tennessee, for the appellees, The
Metropolitan Government of Nashville and Davidson County, Tennessee.
Judge: ASH
First Paragraph:
Paul E. Johnson, a Nashville real estate developer, filed a complaint
demanding a refund for sewer access fees paid to the Metropolitan
Department of Water and Sewerage Services. A counterclaim was filed
by Metro alleging Mr. Johnson executed a valid contract to contribute
$1,000,000 toward the construction of the Mill Creek sewer trunk line,
less the net amount of any excess access fees paid under a previous
agreement. Mr. Johnson denied the existence of a contract to share
the cost of extending the trunk sewer link. The trial court dismissed
Mr. Johnson's claims and entered judgment in favor of the Metropolitan
Department of Water and Sewerage Services for $688,942.88. Mr. Johnson
appealed.
http://www.tba.org/tba_files/TCA/johnsonpw_amend.wpd
LANA MARLER, et al. v. BOBBY E. SCOGGINS
Court:TCA
Attorneys:
Robert L. Widerkehr, Jr., Chattanooga, Tennessee, for the appellant,
Bobby E. Scoggins.
Hank Hill, Chattanooga, Tennessee, for the appellees, Linda Marler and
Rodney Marler.
Judge: SUSANO
First Paragraph:
We granted this interlocutory appeal pursuant to Tenn. R. App. P. 9 in
order to review the trial court's order striking the defendant's
defense of comparative fault. This appeal raises the following issue:
Can a defendant in an automobile accident case - in which the evidence
establishes the existence of an unidentified motorist, in a manner
authorized by Tenn. Code Ann. S 56-7-1201(e) (2000) - allege and
attempt to prove the comparative fault of the unknown motorist if the
plaintiff fails to assert a claim against the unknown motorist under
the uninsured motorist (UM) statutory scheme, Tenn. Code Ann. S
56-7-1201, et seq.? We hold that a defendant under the stated
circumstances can allege and attempt to assign fault to a phantom
driver. Accordingly, we vacate the trial court's order and remand for
further proceedings.
http://www.tba.org/tba_files/TCA/marlerl.wpd
MCLANE COMPANY, INC. v. STATE OF TENNESSEE
Court:TCA
Attorneys:
Paul G. Summers, Attorney General and Reporter, Michael E. Moore,
Solicitor General, Jack D. Kopald, Assistant Attorney General, For
Appellant, State of Tennessee
Peter H. Curry, Nashville, For Appellee, McLane Company, Inc.
Judge: CRAWFORD
First Paragraph:
Licensed wholesale tobacco distributor filed petition against the
State seeking the disclosure of identities of all licensed tobacco
wholesale distributors in the State of Tennessee pursuant to the
provisions of the Tennessee Public Records Act. State opposed
petition on the grounds that disclosure of this information was
controlled by the taxpayer confidentiality provisions of the revenue
statutes. Chancery Court granted petition and ordered disclosure of
the names and addresses of all licensed wholesale tobacco distributors
in Tennessee but, on the state's motion, stayed its order pending
appeal. State appeals. We reverse and dismiss.
http://www.tba.org/tba_files/TCA/mclaneco.wpd
GREG MELTON, et al. v. GERALD M. MELTON, et al.
Court:TCA
Attorneys:
Richard L. Dugger, Shelbyville, For Appellant, Gladys S. Melton
Andrew C. Rambo, Shelbyville, For Appellees, Greg S. Melton and Gordon
C. Melton
Judge: CRAWFORD
First Paragraph:
Beneficiaries of irrevocable insurance Trust filed a Complaint against
the Trustees, seeking to have the corpus of the trust distributed and
the Trust terminated by its own terms. One Trustee, acting pro se,
answered the Complaint. Beneficiaries filed a Motion for Summary
Judgment supported by their joint affidavits. No response or
countervailing affidavit was filed, and an Order was entered granting
the Motion. Trustee appeals. We affirm
http://www.tba.org/tba_files/TCA/meltong.wpd
SALLY QUALLS MERCER, et al. v. VANDERBILT UNIVERSITY, INC., et al.
(Originally filed 12/05/02; corrects error on page 1.)
Court:TCA
Attorneys:
Robert J. Walker and Steven E. Anderson, Nashville, Tennessee, for the
appellant, Vanderbilt University, Inc., d/b/a Vanderbilt University
Medical Center.
F. Dulin Kelly, Clinton L. Kelly and Andy L. Allman, Hendersonville,
Tennessee, for the appellee, Sally Qualls Mercer, as conservator of
the person of Larry Thomas Qualls.
Judge: CANTRELL
First Paragraph:
This appeal involves a medical malpractice case arising out of the
emergency treatment of an intoxicated driver who sustained
catastrophic injuries in a single-vehicle accident. The driver's
conservator filed suit in the Circuit Court for Davidson County
alleging that the negligence of the driver's healthcare providers at
Vanderbilt University Medical Center caused him to suffer irreversible
brain injury that left him in a persistent vegetative state. A jury
returned a verdict for the driver, assessing his damages at $7,366,000
and allocating seventy percent of the fault to Vanderbilt and thirty
percent of the fault to the driver. Thereafter, the trial court
determined as a matter of law that the driver's damages had been
caused by a separate injury for which Vanderbilt was entirely
responsible. Accordingly, the trial court set aside the jury's
allocation of fault and entered a judgment holding Vanderbilt one
hundred percent at fault for the entire amount of the driver's
damages. We have determined that the judgment must be vacated and
that Vanderbilt is entitled to a new trial because of the cumulative
effect of the trial court's errors in excluding the testimony of three
of Vanderbilt's witnesses as well as evidence of the driver's
alcohol-related conduct.
http://www.tba.org/tba_files/TCA/mercersqcorrex.wpd
M.H. et al. v. A.H.
Court:TCA
Attorneys:
D. Michael Bryant, Cleveland, Tennessee, for the appellant, A.H.
Jerry Hoffer, Cleveland, Tennessee, for the appellees, M.H. and E.H.
Judge: SUSANO
First Paragraph:
Acting on the petition of M.H. and her husband, E. H. ("the
petitioners"), the trial court terminated the parental rights of A.H.
("Mother") to J.H. (DOB: January 18, 1998) ("the child"). The court
found clear and convincing evidence that "abandonment by [Mother] had
occurred as defined in [Tenn. Code Ann.] S 36-1-102" and that
termination of Mother's parental rights "would be in the child's best
interest." See Tenn. Code Ann. S 36-1-113(c) (2001). Mother appeals,
contending that the trial court erred in finding that she had
abandoned the child. Primarily because we hold that the petitioners
lack standing to seek the termination of Mother's parental rights
under the applicable statute, we reverse the trial court's judgment.
http://www.tba.org/tba_files/TCA/mh.wpd
LESLIE MOORE, et al. v. JAMES DEVAULT, et al.
Court:TCA
Attorneys:
Monte D. Watkins, Nashville, Tennessee, for the appellants, Leslie
Moore, et al.
Mathew R. Zenner, Nashville, Tennessee, for the appellees, James
DeVault, et al.
Judge: COTTRELL
First Paragraph:
Landowners sought declaratory judgment against neighboring landowners
to terminate an easement over their property. The trial court granted
summary judgment to the neighbors holding that the easement was an
express easement appurtenant, that necessity was not a required
element, and that mere nonuse was insufficient to establish
abandonment of the easement. We agree with the trial court and
affirm.
http://www.tba.org/tba_files/TCA/moorel.wpd
JAMES R. PEMERTON and DEBORAH W. PEMERTON v. BEAUTY WALL PAINTING
Court:TCA
Attorneys:
Thomas A. Storey, Nashville, Tennessee, for the appellant, Beauty Wall
Painting.
Larry D. Cantrell and Jimmy A. Duncan, Nashville, Tennessee, for the
appellees, James R. Pemerton and Deborah W. Pemerton.
Judge: LILLARD
First Paragraph:
This is a breach of warranty case. The plaintiff homeowners
contracted with the defendant painter to have their home painted. The
contract included a one-year warranty on labor and materials. After
the work was completed, the paint began to peel, blister, and separate
from the wood siding. The homeowners sued the painter under the
warranty. The trial court found that the homeowners complained of the
problems within the one-year warranty period. The trial court awarded
the homeowners damages for the amount paid to the painter, substantial
damages for repairs, and discretionary costs. On appeal, the painter
argued that the trial judge failed to properly understand the
testimony of the parties regarding the painter's actions after being
informed of the paint problems, and therefore, improperly discredited
the painter's testimony with regard to the issue of the date the
homeowners told the painter about the defective work. We affirm,
finding that the defendant painter failed to show any basis for
reversing the credibility determination of the trial court.
http://www.tba.org/tba_files/TCA/pemertonjr.wpd
JAMES MICHAEL STAGGS v. LORI ANN STAGGS
Court:TCA
Attorneys:
Sandra Jones, Nashville, Tennessee, for the appellant, Lori Ann
Staggs.
Douglas Thompson Bates, III, Centerville, Tennessee, for the appellee,
James Michael Staggs.
Judge: CANTRELL
First Paragraph:
The trial court transferred custody of the parties' two children from
the mother to the father. The mother argues on appeal that there was
no change of circumstances to support a change of custody, and no
proof that the change would be in the best interest of the children.
We affirm the trial court.
http://www.tba.org/tba_files/TCA/staggsjm.wpd
RAY WRIGHT v. BRITTANY PATE
Court:TCA
Attorneys:
John P. Cauley, Franklin, For Appellant, Brittany Pate
Henry F. Todd, Jr., Dickson, For Appellee, Ray Wright
Judge: CRAWFORD
First Paragraph:
This case arises from comments made by the Juvenile Court Judge,
Dickson County, during a hearing on Appellee's Petition for Paternity
and Visitation. In short, the Judge made statements to the effect
that he was opposed to setting visitation in these matters and that,
if called upon to do so, he would make the schedule so difficult that
the parties could not adhere to it and would then hold them in
contempt for failure to comply. Neither party moved for recusal of
the judge nor objected to his comments. Appellant appeals and asks
this court to order recusal of the Juvenile Court Judge. Because no
motion for recusal was filed and because the judge's comments were
general and not directed specifically to these parties, we affirm the
Order of the lower court and remand for such further proceedings as
necessary.
http://www.tba.org/tba_files/TCA/wrightray.wpd
PETER JOHN ZABASKI v. MARY ANN DALE ZABASKI
Court:TCA
Attorneys:
Mary Frances Lyle and David Lyle, Nashville, Tennessee, for the
appellant, Mary Ann Dale Zabaski.
Thomas F. Bloom, Nashville, Tennessee, for the appellee, Peter John
Zabaski.
Judge: CANTRELL
First Paragraph:
The trial court granted a divorce to the parents of an only child with
a history of severe medical problems, and awarded them joint custody.
The wife contends on appeal that the trial court's order of custody
and visitation was not in the child's best interest. She also argues
that the court erred by setting the husband's child support obligation
too low, and by failing to award her alimony in futuro. We affirm the
trial court.
http://www.tba.org/tba_files/TCA/zabaskipj.wpd
STATE OF TENNESSEE v. CARLOS E. BRYAN
Court:TCCA
Attorneys:
Peter J. Strianse, Nashville, Tennessee, and Kimberly S. Hodde,
Madison, Tennessee, for the appellant, Carlos E. Bryan.
Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan,
Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Derek K. Smith, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: RILEY
First Paragraph:
This is yet another case in which the parties have been ensnared in
the procedural pitfalls of a certified question of law. Defendant
entered a negotiated plea of guilty to possession of over seventy
pounds of marijuana with intent to sell or deliver with an agreed
sentence of eight years. He attempted to reserve a certified question
of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(iv),
"with the consent of the court," relating to the search and seizure of
the contraband. Because the defendant entered a negotiated plea of
guilty and neither the judgment nor the order of the court reflects
the state's consent to the certified question, we must dismiss the
appeal.
http://www.tba.org/tba_files/TCCA/bryancarlos.wpd
STATE OF TENNESSEE v. JAMES CHARLES CAVAYE
Court:TCCA
Attorneys:
Edward S. Ryan, Nashville, Tennessee, for the appellant, James Charles
Cavaye.
Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; James F. Todd, Assistant District Attorney General; Brian
Holmgren, Assistant District Attorney General; and Gigi Braun,
Assistant District Attorney General, for the appellee, State of
Tennessee.
Judge: WOODALL
First Paragraph:
Following a jury trial, Defendant, James Charles Cavaye, was convicted
of first degree felony murder and especially aggravated robbery. He
was sentenced to life imprisonment for the murder, and to a
consecutive sentence of twenty-four years for the especially
aggravated robbery. In this appeal as of right, Defendant contends
that (1) the trial court failed to fulfill its role as the thirteenth
juror; (2) the accomplice's testimony was insufficiently corroborated;
(3) the trial court erred in applying enhancement factors in setting
Defendant's sentence for especially aggravated robbery; and (4) the
trial court erred in ordering Defendant's sentences to run
consecutively. Based upon our review of the record, we affirm the
judgment of the trial court.
http://www.tba.org/tba_files/TCCA/cavayejc.wpd
STATE OF TENNESSEE v. SHERRIE MAE CRAWFORD
Court:TCCA
Attorneys:
Steve McEwen, Mountain City, Tennessee (on appeal); and Leslie S.
Hale, Assistant Public Defender, Blountville, Tennessee (at trial),
for the appellant, Sherrie Mae Crawford.
Paul G. Summers, Attorney General and Reporter; Christine M. Lapps,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and William B. Harper, II, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: WEDEMEYER
First Paragraph:
Pursuant to a plea agreement, the Defendant pled guilty to theft under
$500 and to violating an habitual traffic offender order. She entered
Alford pleas to possession of marijuana with intent to sell,
possession of drug paraphernalia, and two counts of contributing to
the delinquency of a minor. Her total effective sentence was two
years as a Range I standard offender plus eleven months and
twenty-nine days on supervised probation. The manner of service of
the two-year sentence was to be determined by the trial court
following a sentencing hearing. The trial court denied alternative
sentencing and ordered the Defendant to serve the entire two years in
the Tennessee Department of Correction. In this appeal, the Defendant
argues that the trial court erred in failing to impose an alternative
sentence. Concluding that the record supports the trial court's
denial of alternative sentencing, we affirm the judgments of the trial
court.
http://www.tba.org/tba_files/TCCA/crawfordsm.wpd
STATE OF TENNESSEE v. MARK ANTHONY GRIFFIN
Court:TCCA
Attorneys:
Mark E. Stephens, District Public Defender, and John Halstead,
Assistant Public Defender, Knoxville, Tennessee, for the appellant,
Mark Anthony Griffin.
Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Randall Eugene Nichols, District Attorney
General; and G. Scott Green, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: WEDEMEYER
First Paragraph:
A jury convicted the Defendant of aggravated robbery and attempted
robbery. The trial court sentenced the Defendant to an effective
nine-year term. The Defendant appealed, and our Court affirmed the
case in part, but remanded the case in part for the trial court to
determine whether the Defendant's right to a speedy trial was
violated. On remand, the trial court found that the Defendant's right
to a speedy trial had not been violated. The Defendant now appeals
from the trial court's order denying his motion to dismiss for a
violation of his right to a speedy trial. Finding no error, we affirm
the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/griffinma1.wpd
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