Opinion FlashJuly 10, 2003
Volume 9 Number 122
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
STATE OF TENNESSEE v. DUANE BRIAN BROOKS Court:TCA Attorneys: Stephen M. Wallace, Assistant Public Defender, for the appellant, Duane Brian Brooks. Paul G. Summers, Attorney General & Reporter; Brent C. Cherry, Assistant Attorney General; and Barry P. Staubus, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Duane Brian Brooks, was convicted of first degree murder and sentenced to life imprisonment. In this appeal, the defendant asserts that the trial court erroneously instructed the jury as to the culpable mental states for first and second degree murder and failed to provide an instruction on causation. Because it is our view that any error with regard to the jury instructions can be classified as harmless beyond a reasonable doubt, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCA/brooksduaneb.wpd
EARL DEWAYNE HOLLOWAY v. STATE OF TENNESSEE Court:TCCA Attorneys: Lee Ortwein, Chattanooga, Tennessee, for the Appellant, Earl Dewayne Holloway. Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; William H. Cox, III, District Attorney General; and Barry Steelman, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The petitioner, Earl Dewayne Holloway, appeals the denial of his petition for post-conviction relief, alleging numerous instances of ineffective assistance of trial and appellate counsel. We conclude that the evidence does not preponderate against the findings of the post-conviction court and affirm the dismissal of the petition. http://www.tba.org/tba_files/TCCA/hollowayearldew.wpd
McMINN COUNTY v. OCOEE ENVIRONMENTAL SERVICES, INC., et al. Court:TCCA Attorneys: Vance L. Baker, Jr., Athens, Thomas J. Walsh, Jr., Memphis, and Brian L. Kuhn, Memphis, for the Appellant, McMinn County H. Chris Trew, Athens, for the Appellee, Environmental Trust Company Judge: GODDARD First Paragraph: This appeal questions the validity of a resolution enacted by Appellant McMinn County imposing a surcharge for solid waste disposal at all Class I landfills located in McMinn County. The resolution as initially passed imposed a surcharge of $4.00 per ton of waste, and was subsequently reduced by McMinn County to $2.75 per ton. Appellee Environmental Trust Company ("ETC"), which owns one of the two landfills in the county, refused to pay the surcharge, asserting that it was actually an unlawful tax. McMinn County filed this action to require ETC to pay the surcharge. The Trial Court held that the resolution imposed an unlawful tax, and granted summary judgment in favor of ETC. We affirm the judgment of the Trial Court. http://www.tba.org/tba_files/TCCA/mcminn.wpd
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