Opinion FlashApril 1, 2003Volume 9 — Number 058 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 SUSAN ELIZABETH CARROLL v. DAVID WILLIAM CARROLL Court:TCA Attorneys: Vivian E. Warner and Allison M. Barker, Crossville, Tennessee, for the appellant, Susan Elizabeth Carroll. S. Roger York, Crossville, Tennessee, for the appellee, David William Carroll. Judge: SUSANO First Paragraph: This is a divorce case. The only issues raised on appeal pertain to the trial court's award of alimony. That court awarded David William Carroll ("Husband") alimony of $2,000 per month "until the death of either party or his remarriage." Susan Elizabeth Carroll ("Wife") appeals, contending that Husband should be awarded rehabilitative alimony rather than alimony in futuro, and that, in any event, $2,000 per month "is excessive." We modify the trial court's award of alimony. As modified, the trial court's judgment is affirmed. http://www.tba.org/tba_files/TCA/carroll.wpd RONNIE R. COX v. AMY R. COX
Court:TCA
Attorneys:
Brett A. York and Kevin R. Bryant, Crossville, Tennessee, for the
Appellant, Ronnie R. Cox.
Tom Beesley, Crossville, Tennessee, for the Appellee, Amy R. Cox.
Judge: SWINEY
First Paragraph:
Ronnie R. Cox ("Husband") and Amy R. Cox ("Wife") were divorced in
1993. At that time, the parties had two minor children. They
subsequently had another child. In 1998, the parties entered into an
agreed order that provided for joint physical and legal custody with
each parent having equal time with the children. The agreed order
also required Husband to pay $200 per month to Wife for child-care
expenses. In 2002, Husband filed a Petition for Modification seeking
to be relieved of the $200 per month obligation because Wife's income
had increased substantially and was equal to, or greater than,
Husband's. The Trial Court found, inter alia, the $200 payments were
contractual in nature and denied the Petition for Modification.
Husband appeals. We reverse.
http://www.tba.org/tba_files/TCA/coxr.wpd
MARC D. EMMERICK v. MOUNTAIN VALLEY CHAPEL BUSINESS TRUST, et al.
Court:TCA
Attorneys:
Marc D. Emmerick, Sevierville, Tennessee, Pro Se.
Brian T. Mansfield, Sevierville, Tennessee, for the appellees,
Mountain Valley Chapel Business Trust, Mountain Valley Chapel, and
Gerald H. Lucas.
Judge: SUSANO
First Paragraph:
The trial court dismissed the complaint of Marc D. Emmerick ("the
plaintiff") and awarded one of the defendants, Mountain Valley Chapel
Business Trust, a judgment on its counterclaim against the plaintiff
for $1,416. The plaintiff appeals. We affirm.
http://www.tba.org/tba_files/TCA/emmerick.wpd
CHARLES GRADY WOODS v. ANGELIKA MAZUR WOODS Court:TCA Attorneys: Charles Grady Woods, Pro Se John S. Taylor, Johnson City, for the Appellee, Angelika Mazur Woods Judge: GODDARD First Paragraph: In this post-divorce case, Charles Grady Woods, acting pro se, appeals the Trial Court's orders finding him in contempt of court and awarding his former wife, Angelika Mazur Woods, certain sums which the Court found due and owing under the final decree of divorce. We affirm the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/woodsc.wpd JAMES R. BLUE v. STATE OF TENNESSEE Court:TCCA Attorneys: Bruce Poag, Nashville, Tennessee, for the appellant, James R. Blue. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; Pamela Anderson and Kathy Morante, District Attorneys General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Petitioner pled guilty to three Class B felony drug offenses. Pursuant to the plea agreement, the trial court orally sentenced the Petitioner to ten years for each conviction with the sentences to be served concurrently to each other and to a prior four-year sentence, resulting in an effective sentence of ten years. After the sentence was imposed, the Petitioner asked that he be allowed to begin serving his sentence the following day. The trial court granted the Petitioner's request, with the condition that if he did not report as ordered, two of the sentences would run consecutively. The next day, the Petitioner failed to report, and the trial court entered judgments in which two of the Petitioner's sentences were consecutive, resulting in an effective sentence of twenty years. The Petitioner filed a petition for post-conviction relief, contending that his plea was unlawfully induced, that he received ineffective assistance of counsel, and that his sentences were illegal. Following a hearing, the post-conviction court denied relief. The Petitioner now appeals, arguing that the post- conviction court erred by denying his petition for post-conviction relief. Concluding that the trial court violated Tennessee Rule of Criminal Procedure 11 and the Petitioner's due process rights, we reverse the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/bluejr.wpd STATE OF TENNESSEE v. BARBI MICHELLE BROWN Court:TCCA Attorneys: Gregory D. Smith, Clarksville, Tennessee (on appeal); Michael R. Jones, District Public Defender, and Roger Nell, Assistant Public Defender (at trial and on appeal), for the appellant, Barbi Michelle Brown. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and C. Daniel Brollier, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant pled guilty to one count of especially aggravated robbery and one count of aggravated burglary. The trial court sentenced the defendant to twenty years incarceration pursuant to a negotiated plea agreement setting the maximum amount of time to be served at twenty years. The defendant contends her sentence is excessive and the trial court misapplied enhancement factors (4), (5), (6), and (10). We agree the trial court misapplied two enhancement factors, but the record supports the imposition of a twenty-year sentence, which is the maximum allowed by her plea agreement and the "presumptive sentence" provided by statute. We affirm the judgments from the trial court. http://www.tba.org/tba_files/TCCA/brownbm.wpd STATE OF TENNESSEE v. ANTHONY D. FORSTER Court:TCCA Attorneys: Anthony D. Forster, Tiptonville, Tennessee, Pro Se (on appeal), and John G. Oliva, Nashville, Tennessee (at trial). Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; Pamela Anderson and Jason Lawless, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant, after being allowed to represent himself at the sentencing hearing, proceeds pro se in appealing his especially aggravated robbery conviction and sentence of twenty-two years imprisonment. The defendant argues his right to a speedy trial was violated and argues he was subject to an unreasonable delay in sentencing. The defendant argues the trial court improperly denied the defendant's motion to sever the offenses. The defendant argues the trial judge abused his discretion in failing to recuse himself and contends the trial court erroneously allowed a witness to testify to injuries she sustained as a result of the robbery. The defendant argues the trial court improperly ruled the defendant was not entitled to be present during jury deliberations. The defendant argues the trial court frustrated his right to appeal by relieving his trial counsel prior to sentencing. The defendant argues he is the victim of a malicious prosecution. We conclude the trial court did not err and evidence supports the defendant's conviction of especially aggravated robbery. Therefore, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/forsterad.wpd STATE OF TENNESSEE v. TIFFANY GOODMAN Court:TCCA Attorneys: Philip A. Condra, District Public Defender, and David O. McGovern, Assistant Public Defender, for the appellant, Tiffany Goodman. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; James Michael Taylor, District Attorney General; and Steven H. Strain and Sherry D. Gouger, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The Defendant was convicted, along with her co-defendant husband, of child abuse and neglect, a Class D felony, and sentenced to four years probation. She appeals, claiming that the evidence was insufficient to support her conviction and that any neglect that did occur was the result of mistakes in parenting skills, such mistake vitiating any knowing abuse. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/goodmant.wpd SHAWNDA JAMES v. STATE OF TENNESSEE Court:TCCA Attorneys: Claudia S. Jack, District Public Defender; and Robert H. Stovall, Jr., Assistant District Public Defender, for the appellant, Shawnda James. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; and Mike Bottoms, District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: Petitioner appeals the dismissal of her petition for post-conviction relief by the Giles County Circuit Court. She was originally convicted of premeditated first degree murder and especially aggravated robbery. In this appeal, she contends the post-conviction court erred by finding she received the effective assistance of counsel and argues trial counsel was deficient in not filing a motion to suppress her confession. We affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/jamesshawnda.wpd TERON MCKENLEY v. STATE OF TENNESSEE Court:TCCA Attorneys: John H. Baker, III, Murfreesboro, Tennessee, for the appellant, Teron McKenley. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and John W. Price, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The petitioner, Teron McKenley, appeals the denial of his petition for post-conviction relief. He originally pled guilty to especially aggravated robbery, aggravated burglary, and theft over $1,000 and received an effective sentence of fifteen years. He contends the post-conviction court erred in disallowing the introduction of the victim's medical records at his post-conviction hearing and in failing to find that ineffective assistance of counsel led to an involuntary guilty plea. We affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/mckenleyteron.wpd STATE OF TENNESSEE v. BRUCE MARVIN VANN Court:TCCA Attorneys: Didi Christie, Brownsville, Tennessee (on appeal), and Vanessa D. King, Assistant District Public Defender (at trial), for the appellant, Bruce Marvin Vann. Paul G. Summers, Attorney General & Reporter; P. Robin Dixon, Jr., Assistant Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Bruce Marvin Vann, was convicted of aggravated assault. The trial court imposed a six-year sentence. In this appeal of right, the defendant presents five issues for review: (1) whether the indictment sufficiently described the offense of aggravated assault; (2) whether the evidence was sufficient; (3) whether the trial court erred by failing to act as thirteenth juror; (4) whether the trial court erred by allowing prior convictions as impeachment evidence; and (5) whether the trial court erred by refusing to apply a mitigating circumstance. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/vann.wpd Action by the Four Lake Regional Industrial Development Authority Date: March 25, 2003 Opinion Number: 03-032 http://www.tba.org/tba_files/AG/2003/OP32.pdf PLEASE FORWARD THIS E-MAIL! 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