Opinion FlashJuly 8, 2003Volume 9 — Number 120 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 CINDY R. LOURCEY, ET AL. v. ESTATE OF CHARLES SCARLETT Court:TCA Attorneys: David L. Cooper, Nashville, Tennessee, for the appellants, Cindy R. Lourcey and Vernon B. Lourcey. W. Bryan Brooks and Michele M. Brubaker, Nashville, Tennessee, for the appellee, Estate of Charles Scarlett. Judge: CANTRELL First Paragraph: Charles Scarlett, in the middle of a domestic dispute with his wife, flagged down a postal worker, Cindy Lourcey, and asked for help. Without warning, and in the presence of Mrs. Lourcey, Mr. Scarlett shot his wife in the head and then killed himself. Mrs. Lourcey sued Mr. Scarlett's estate alleging negligent and intentional infliction of emotional distress. Mr. Lourcey also sued for loss of consortium. The estate filed a Motion to Dismiss pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure for failure to state a cause of action. The trial court granted the Motion to Dismiss. We hold that the Lourceys did in fact state a cause of action. Therefore, we reverse the decision of the trial court and remand for further proceedings in accordance with this opinion. http://www.tba.org/tba_files/TCA/lourceycr.wpd VANESSA MANNING v. CITY OF LEBANON, ET AL.
Court:TCA
Attorneys:
Mary Byrd Ferrara and J. Russell Farrar, Nashville, Tennessee, for the
appellants City of Lebanon, Board of Adjustment, and Board Members
Nelson Steed, Mike Manous, Hobart O. Tisdale, Jr., Gary Renfro, and
Jerry Mangrum, and All Other Current Members of Such Board.
James R. Stallings, Jr., Lebanon, Tennessee, for the appellee, Vanessa
Manning.
Judge: CANTRELL
First Paragraph:
The Chancery Court of Wilson County invalidated the City of Lebanon's
ordinance governing the demolition of unsafe structures, reasoning
that it was inconsistent with state law and that it denied property
owners the right to be heard before a demolition order issues. We
hold that the ordinance is not inconsistent with the general law and
that the post-order hearing provisions of the ordinance comply with
the property owner's rights to due process. Therefore, we reverse and
remand the cause for further proceedings.
http://www.tba.org/tba_files/TCA/manningv.wpd
ANGELA D. SIEFKER v. GARY C. SIEFKER
Court:TCA
Attorneys:
D. Scott Parsley, Nashville, Tennessee, for the appellant, Gary C.
Siefker.
Phillip Robinson, Nashville, Tennessee, for the appellee, Angela D.
Siefker
Judge: CAIN
First Paragraph:
This case is before the Court for the second time on a post-divorce
Petition to reduce alimony. The trial judge denied the Petition, and
we affirm the action of the trial court.
http://www.tba.org/tba_files/TCA/siefkerangela.wpd
STATE OF TENNESSEE v. JAMES STANLEY BECKMAN, SR. Court:TCCA Attorneys: Andrew Jackson Dearing, III, Shelbyville, Tennessee, for appellant, James Stanley Beckman. Paul G. Summers, Attorney General & Reporter; Kim R. Helper, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Michael Randles, Assistant District Attorney General, for appellee, State of Tennessee. Judge: SMITH First Paragraph: The appellant, James Stanley Beckman, Sr., was indicted by the Bedford County Grand Jury on one count of theft over $10,000 in July 2001. After a jury trial, the defendant was convicted as a Range I offender, and sentenced to four years at thirty percent in the Tennessee Department of Correction. On January 4, 2002, the appellant filed a motion for a new trial which was denied on February 22, 2002. In this appeal, the appellant raises the issue of whether the evidence is sufficient for a conviction of theft of property over $10,000. After a review of this record we find that the evidence is sufficient. Accordingly, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/beckmanjames.wpd STATE OF TENNESSEE v. WILLIAM E. EAKES, III
Court:TCCA
Attorneys:
James O. Martin, III, Nashville, Tennessee (on appeal); and Rayburn
McGowan, Nashville, Tennessee (at trial), for the appellant, William
E. Eakes, III.
Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; Lisa A. Naylor and Pamela Anderson, Assistant District
Attorney Generals, for the appellee, State of Tennessee
Judge: WEDEMEYER
First Paragraph:
The Davidson County Grand Jury indicted the Defendant for one count of
first degree felony murder and for one count of second degree murder.
A Davidson County jury convicted the Defendant of both offenses. The
trial court merged the second degree murder conviction into the felony
murder conviction and sentenced the Defendant to life imprisonment.
The Defendant now appeals, arguing that insufficient evidence was
presented at trial to convict him of first degree felony murder and of
second degree murder. Concluding that sufficient evidence was
presented to convict the Defendant for felony murder and second degree
murder, the judgment of the trial court is affirmed.
http://www.tba.org/tba_files/TCCA/eakeswe.wpd
CHARLES WESTON ELSEA, JR. v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Bill Speek, Chattanooga, Tennessee, for the appellant, Charles Weston
Elsea, Jr.
Paul G. Summers, Attorney General & Reporter; Brent C. Cherry,
Assistant Attorney General; and Barry A. Steelman, Assistant District
Attorney General, for the appellee, State of Tennessee
Judge: WADE
First Paragraph:
The petitioner, Charles Weston Elsea, Jr., appeals the trial court's
denial of post-conviction relief. The single issue presented for
review is whether he was denied the effective assistance of counsel at
trial and on appeal. The judgment of the trial court is affirmed.
http://www.tba.org/tba_files/TCCA/elsea.wpd
STATE OF TENNESSEE v. DENNIS R. JENKINS
Court:TCCA
Attorneys:
Kenneth Dale Quillen, Nashville, Tennessee, for the appellant, Dennis
R. Jenkins.
Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan,
Assistant Attorney General; William C. Whitesell, Jr., District
Attorney General; and Paul A. Holcombe, III, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: OGLE
First Paragraph:
The appellant, Dennis R. Jenkins, pled guilty in the Rutherford County
Circuit Court to possession of methamphetamine, a Schedule II
controlled substance, with intent to deliver. The trial court
sentenced the appellant to three years to be served on probation and
imposed a two thousand dollar ($2,000) fine. Pursuant to the plea
agreement, the appellant reserved the right to appeal as a certified
question of law the trial court's denial of his motion to suppress.
Upon review of the record and the parties' briefs, we affirm the
judgment of the trial court.
http://www.tba.org/tba_files/TCCA/jenkinsdr.wpd
STATE OF TENNESSEE v. JOSEPH HAROLD RUCKER Court:TCCA Attorneys: Joe H. Walker, Harriman, Tennessee (on appeal); and Walter B. Johnson, II, Harriman, Tennessee (at trial and on appeal); for the Appellant, Joseph Harold Rucker. Paul G. Summers, Attorney General & Reporter; Brent C. Cherry, Assistant Attorney General; J. Scott McCluen, District Attorney General; and Frank Harvey, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant, Joseph Harold Rucker, appeals the Roane County Criminal Court's imposition of a 23-year Department of Correction sentence for the second-degree murder of his girlfriend, Tommy Jean Trinkle. Because we determine that the length of the Class A, Range I sentence is supported in the record, we affirm. http://www.tba.org/tba_files/TCCA/ruckerjosephh.wpd ANTHONY JEROME STOKES v. STATE OF TENNESSEE WITH DISSENTING OPINION Court:TCCA Attorneys: Julie Hall Baker, Columbus, Ohio, for the appellant, Anthony Jerome Stokes. Paul G. Summers, Attorney General & Reporter; Angele M. Gregory, Assistant Attorney General; and Rodney C. Strong, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Anthony Jerome Stokes, appeals the trial court's denial of post-conviction relief. The petitioner argues (1) that he is entitled to a delayed application for permission to appeal to our supreme court based upon his post-conviction counsel's failure to either notify him of the results of his appeal or withdraw as counsel; and (2) that the trial court erroneously declined to rule on issues presented on remand from this court. Our opinion and judgment entered April 23, 1999, in Anthony Jerome Stokes v. State, No. 03C01-9710-CR-00477, are vacated and re-entered as of this date. Because all other issues are beyond the scope of our remand, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/stokes_opn.wpd DISSENTING OPINION http://www.tba.org/tba_files/TCCA/stokes_dis.wpd STATE OF TENNESSEE v. TRACY WASHINGTON Court:TCCA Attorneys: J. Shannon Garrison, Dayton, Tennessee, for appellant, Tracy Washington. Paul G. Summers, Attorney General & Reporter; Renee W. Turner, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Will Dunn, Assistant District Attorney General, for appellee, State of Tennessee Judge: SMITH First Paragraph: A Rhea County grand jury indicted the defendant on one count of sexual battery. At the conclusion of a trial, the jury convicted him as charged and fined him one thousand dollars. The trial court subsequently imposed a sentence of one year and six months, of which the defendant was ordered to serve thirty days. After unsuccessfully pursuing a judgment of acquittal or alternatively a new trial in the trial court, the defendant brings this appeal. Herein, he asserts that the record lacks sufficient evidence to sustain his conviction, that the trial court erred in failing to give the jury a curative instruction to disregard a hearsay statement made by the victim in court, and that the trial court erred in permitting the victim's brother to testify regarding a hearsay statement made by the victim. After reviewing the record and relevant authorities, we find that the defendant has waived one of these claims and that the remaining issues merit no relief. We, therefore, affirm the defendant's conviction. http://www.tba.org/tba_files/TCCA/washingt.wpd STATE OF TENNESSEE v. LESLIE BRIAN WILLIS Court:TCCA Attorneys: Paul J. Bruno and Rayburn McGowan, Jr., Nashville, Tennessee, for the appellant, Leslie Brian Willis. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Arthur F. Bieber and Dent Morriss, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: Following the reversal of his first degree felony murder conviction due to insufficient evidence to support the predicate felony, the defendant, upon remand, was convicted by a jury of second degree murder. On this appeal, he raises the following issues: (1) Whether the evidence was sufficient to sustain a conviction for second degree murder; (2) Whether second degree murder is a lesser included offense of first degree felony murder; (3) Whether the trial court erred in allowing the State to recall witness William Alley during its case in chief; (4) Whether the trial court erred in allowing the testimony of TBI Agent Mike Breedlove, in violation of Tenn. R. Crim. P. 404(b), that the defendant threatened to break his neck; and (5) Whether the trial court erred in sentencing the defendant to the maximum twenty- five years. We affirm the defendant's conviction for second degree murder. http://www.tba.org/tba_files/TCCA/willislb.wpd STATE OF TENNESSEE v. FRANKIE LEE WOODARD
Court:TCCA
Attorneys:
William F. Kroeger, Springfield, Tennessee, for the appellant, Frankie
Lee Woodard.
Paul G. Summers, Attorney General & Reporter; Renee W. Turner,
Assistant Attorney General; John Carney, District Attorney General;
and Dent Morriss, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: SMITH
First Paragraph:
The appellant, Frankie Lee Woodard, was indicted on October 29, 1999,
by the Robertson County Grand Jury on one count of theft of property
over $500. The appellant was found guilty as charged and sentenced to
four years in the Tennessee Department of Correction. The appellant
now appeals contending that the evidence was not sufficient to support
his conviction for theft of property over five hundred dollars and
that the trial court improperly instructed the jury regarding the
value of the stolen item. After a review of the record before this
Court we find these issues have no merit and therefore affirm the
judgment of the trial court.
http://www.tba.org/tba_files/TCCA/woodardfrankie.wpd
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