Opinion FlashOctober 6, 2003Volume 9 — Number 181 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 SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_1006.wpd MARK B. GORE v. TENNESSEE DEPARTMENT OF CORRECTION, ET AL. Court:TCA Attorneys: Mark B. Gore, Nashville, Tennessee, Pro Se. Paul G. Summers, Attorney General & Reporter and Stephanie R. Reevers, Associate Deputy Attorney General, for the appellees, Tennessee Department of Correction, Warden David Mills, Warden Ricky Bell, Sgt. F/N/U Settles, Employee F/N/U Henry, and Employee F/N/U Hall. Judge: CAIN First Paragraph: Mark B. Gore, an inmate in the Department of Corrections, appeals the action of the Chancery Court of Davidson County in granting a T.R.C.P. rule 12.02(6) motion to dismiss his Petition for a Writ of Certiorari. We affirm the action of the trial court. http://www.tba.org/tba_files/TCA/goremark.wpd BRENDA HICKS V. JOHN E. HICKS Court:TCA Attorneys: David W. Camp and Angela Snider, Jackson, Tennessee, for appellant, John E. Hicks. Brenda Hicks Oldham, Owensboro, Kentucky, Pro se. Judge: KIRBY First Paragraph: This is a divorce case. At the time the wife filed for divorce, the parties had been married for eight months. The trial judge awarded the divorce to the wife on the grounds of adultery. The trial court also granted the wife a monetary award for "alimony in solido and as a division of the marital estate." The husband appeals. We affirm and modify. The proof at trial did not support awarding the wife the divorce on grounds of adultery, nor did it support the amount of the monetary award to the wife. The judgment of the trial court is affirmed but modified to reflect that the wife is granted the divorce on grounds of inappropriate marital conduct, and the monetary award is modified as well. http://www.tba.org/tba_files/TCA/hicksje.wpd DIANNA DAWN MCGAHEY v. DAVIS LEE MCGAHGEY Court:TCA Attorneys: Rosella M. Shackelford, Paris, For Appellant, Dianna Dawn McGahey Steven L. West, McKenzie, For Appellee, Davis Lee McGahey Judge: CRAWFORD First Paragraph: This appeal involves a motion for sanctions pursuant to Rule 11, Tenn. R. App. P. Husband and Wife were scheduled for a contested divorce hearing. On the morning of the hearing, Husband and Wife negotiated a settlement and Judgment was subsequently entered dissolving the parties' marriage and incorporating their Marital Dissolution Agreement and Permanent Parenting Plan. Thereafter, Wife obtained new counsel and filed a Motion to Alter or Amend the Judgment. As the basis for her Motion, Wife alleged that she had not received proper representation from her former attorney. Husband filed a Motion for Rule 11 Sanctions. Following a hearing, the trial court denied Wife's Motion to Alter or Amend and granted Husband's Motion for Rule 11 Sanctions. Wife appeals. We affirm in part, reverse in part. http://www.tba.org/tba_files/TCA/mcgaheyd.wpd STEVEN SCOTT MEANS, ET AL. v. DAVID VINCENT ASHBY, ET AL. Court:TCA Attorneys: Michael W. Binkley, Nashville, Tennessee, for the appellants, Steven Scott Means and Cheryl Lynn Means. Phillip R. Robinson and James C. Bradshaw, III, Nashville, Tennessee, for the appellee, David Vincent Ashby. Judge: CAIN First Paragraph: Current custodian of Minor Child petitioned the court for termination of parental rights of both parents. Petitioners are the brother and sister-in-law of Minor Child's mother. The parents of the Minor Child are divorced. Mother had no contact with Minor Child for over a year prior to the Petition, and Father has had no contact for approximately five years. We find that any failure to visit by the parents and failure to support by the Mother was not willful and affirm the trial court in dismissing the Petition to Terminate their parental rights. However, the trial court's custody determination is vacated, and that issue is remanded for further consideration. http://www.tba.org/tba_files/TCA/meanssteven.wpd STATE OF TENNESSEE v. JEFFERY P. BECKHAM Court:TCCA Attorneys: Guy T. Wilkinson, District Public Defender; and Richard W. DeBerry, Assistant District Public Defender, for the appellant, Jeffery P. Beckham. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; G. Robert Radford, District Attorney General; and John W. Overton, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: A Hardin County jury convicted the defendant, Jeffery P. Beckham, of aggravated assault. The trial court sentenced him to five years incarceration as a Range I standard offender. On appeal, the defendant contends (1) the evidence is insufficient to support the conviction; (2) his sentence is excessive; and (3) the trial court erred in denying probation. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/beckhamjeffery.wpd TONY CARRUTHERS v. STATE OF TENNESSEE Court:TCCA Attorneys: Charles R. Ray, Nashville, Tennessee; Larry Copeland, Memphis, Tennessee, for the Appellee, Tony Carruthers. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Alice B. Lustre, Assistant Attorney General, for the Appellant, State of Tennessee. Judge: HAYES First Paragraph: The State of Tennessee appeals from an interlocutory order of the post-conviction court, permitting the unsealing of biographical information of a jury that was anonymously empaneled. The Defendant, Tony Carruthers, was convicted of the 1994 murders of Marcellos Anderson, his mother Delois Anderson, and Frederick Tucker and was sentenced to death. After his convictions and sentences were affirmed on direct appeal, he filed a petition for post-conviction relief, alleging that he received the ineffective assistance of counsel. Carruthers sought to unseal the jury records in order to obtain information to support his claim. The post-conviction court ordered the release of the information to only the Defendant's attorneys. The State, pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure, seeks review of this decision. After review, we conclude that the method employed by the post-conviction court in unsealing the jury records was error. Accordingly, we reverse and remand for further proceedings consistent with this opinion. http://www.tba.org/tba_files/TCCA/carrutherstony.wpd STATE OF TENNESSEE v. RITA CATES Court:TCCA Attorneys: Charles S. Kelly, Sr., Dyersburg, Tennessee (at hearing); Gary F. Antrican, District Public Defender; and Julie K. Pillow, Assistant District Public Defender (on appeal), for the appellant, Rita Cates. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Tracey A. Brewer, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant pled guilty to attempted second degree murder, especially aggravated burglary, and reckless aggravated assault. Following a sentencing hearing, the trial court imposed an effective sentence of eight years and six months. In this appeal, the defendant argues her sentences are excessive because she should have received alternative sentencing. We affirm the judgments of the trial court, but, due to a clerical error, remand for entry of a corrected judgment. http://www.tba.org/tba_files/TCCA/catesrita.wpd STATE OF TENNESSEE v. JAMES CRAVENS Court:TCCA Attorneys: David N. Brady, District Public Defender (at hearing and on appeal); and John B. Nisbet, III, Assistant District Public Defender (on appeal), for the appellant, James Cravens. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; William Edward Gibson, District Attorney General; and Benjamin W. Fann, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: The Putnam County trial court revoked the probation of the defendant, James Cravens, and ordered him to serve his original sentence of eleven months and twenty-nine days in confinement. On appeal, the defendant contends: (1) the evidence was insufficient to support the trial court's probation revocation order; (2) his sentence is excessive; and (3) the trial court erred in placing certain conditions on his bond pending appeal. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/cravensjames.wpd STATE OF TENNESSEE v. MARTIN TODD FELTS, Alias MARTY FELTS Court:TCCA Attorneys: Judson W. Phillips, Nashville, Tennessee, for the appellant, Martin Todd Felts. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; Dan Mitchum Alsobrooks, District Attorney General; and Robert S. Wilson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant appeals the revocation of his probation contending that the trial court abused its discretion. We hold that the record contains substantial evidence to support the trial court's conclusion that a violation had occurred, and there was no abuse of discretion. Accordingly, we affirm the judgments. http://www.tba.org/tba_files/TCCA/feltsmtalias.wpd STATE OF TENNESSEE v. ROBERT JOSEPH KING, SR. Court:TCCA Attorneys: George M. Googe, District Public Defender (on appeal), and J. Colin Morris, Jackson, Tennessee (at trial), for the appellant, Robert Joseph King, Sr. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III, Assistant Attorney General; and Jody Pickens, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Robert Joseph King, Sr., pled guilty to burglary and theft of property over $1,000. The plea agreement provided for concurrent Range I sentences between two and four years. Before the defendant entered his plea, the district attorney general filed notice of the state's request for enhanced punishment due to the defendant's status as a multiple offender. The trial court ordered two Range II sentences of six years. In this appeal, the defendant argues that the imposition of Range II sentences violated the terms of the plea agreement. The judgments are affirmed. http://www.tba.org/tba_files/TCCA/kingrj.wpd STATE OF TENNESSEE v. ERIC LAWSON Court:TCCA Attorneys: Robert T. Carter, Tullahoma, Tennessee, for the appellant, Eric Lawson. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Charles Michael Layne, District Attorney General; Doug Aaron, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Eric Lawson, was indicted by the Coffee County Grand Jury on one count of rape of a child and two counts of aggravated sexual battery. Defendant entered guilty pleas to three counts of aggravated sexual battery. Following a sentencing hearing, Defendant was sentenced to ten years in count one and eight years each in counts two and three. The trial court ordered that the eight-year sentences be served concurrent with each other, but consecutive to Defendant's ten-year sentence in count one, for a total effective sentence of eighteen years. In this appeal as of right, Defendant challenges the length of his sentence in count one and the trial court's order of consecutive sentencing. After reviewing the record, we affirm the judgments of the trial court, but remand for entry of judgments that properly reflect the release eligibility as 100% pursuant to Tenn. Code Ann. S 40-35-501(i)(1). http://www.tba.org/tba_files/TCCA/lawsoneric.wpd STATE OF TENNESSEE v. CARL WATSON Court:TCCA Attorneys: Joseph S. Ozment, Memphis, Tennessee, for the appellant, Carl Watson. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; and Stephen P. Jones and Amy P. Weirich, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A jury convicted the Defendant, Carl Watson, of rape, and the trial court imposed a ten-year sentence. On appeal, the Defendant contends: (1) the evidence was insufficient to support his conviction; (2) the State's bill of particulars was inadequate; (3) the trial court erred in failing to grant him a continuance or a mistrial due to the State's failure to comply with discovery; (4) the trial court erred in excluding evidence of the victim's alleged gang affiliation and initiation as a possible source of her hymenal tear; and (5) the trial court erred in not recusing itself following an ex parte communication with jurors after trial. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/watsonc.wpd STATE OF TENNESSEE v. JANALEE ANNETTE WILSON Court:TCCA Attorneys: Clifford K. McGown, Jr., Waverly, Tennessee (on appeal); George Morton Googe, District Public Defender (on appeal and at trial); and David Crichton, Assistant Public Defender (on appeal and at trial), for the appellant, Janalee Annette Wilson. Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger, Assistant Attorney General; Alfred L. Earls, Assistant District Attorney General; and R. Leigh Grinalds, Assistant United States Attorney, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Janalee Annette Wilson, was convicted of first degree premeditated murder for the death of her husband, Rickey Wilson, Sr. The jury imposed a sentence of life imprisonment with the possibility of parole. In this appeal as of right, the defendant contends that the trial court committed four evidentiary errors and that the evidence was insufficient to support her conviction. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/wilsonjanalee.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! 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