Opinion FlashOctober 15, 2003Volume 9 — Number 188 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 STATE OF TENNESSEE v. GONZALO MORAN GARCIA CORRECTED OPINION Court:TSC Attorneys: Richard M. McGee and James O. Martin, III, Nashville, Tennessee, for the appellant, Gonzalo Moran Garcia. Wesley MacNeil Oliver, New Haven, Connecticut, for the amicus curiae, Tennessee Association of Criminal Defense Lawyers. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Daryl J. Brand, Associate Solicitor General; Victor S. Johnson, III, District Attorney General; and John Zimmerman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: BARKER First Paragraph: The defendant, Gonzalo M. Garcia, was convicted in the Criminal Court for Davidson County of possession of one thousand grams or more of methamphetamine with intent to deliver. We granted this appeal to determine whether the evidence obtained as a result of the stop should have been suppressed. After examining the facts and law relevant to the issues, we hold that the defendant's traffic stop was not based upon reasonable suspicion, in violation of the Fourth Amendment to the Federal Constitution and Article I, section 7 of the Tennessee Constitution. We also hold that the evidence in this case must be suppressed because the defendant's consent to search his vehicle was not sufficiently attenuated from his unlawful detention. http://www.tba.org/tba_files/TSC/garciagm.wpd STATE OF TENNESSEE v. ANDERSON TOLIVER CORRECTED OPINION Court:TSC Judge: ANDERSON First Paragraph: The majority has concluded that the trial court committed reversible error by consolidating the offenses of March 1, 1998 and April 9, 1998, and by admitting evidence of prior abuse committed by the defendant, Anderson Toliver. In my view, however, the trial court did not abuse its discretion by consolidating the two offenses and the admission of prior acts of abuse did not affect the jury's verdict. Accordingly, I dissent and would affirm the judgment of the Court of Criminal Appeals. http://www.tba.org/tba_files/TSC/tolivera_dis.wpd CHEROKEE COUNTRY CLUB, INC. v. CITY OF KNOXVILLE, ET AL. Court:TCA Attorneys: Michael S. Kelly, Law Director, Hillary B. Jones, Assistant City Attorney, for Appellant City of Knoxville Charles Swanson, Jason H. Long, Knoxville, TN, for Appellants Members of City Council Charles A. Wagner, III, W. Turner Boone, for Appellee Judge: HIGHERS First Paragraph: This appeal arises from a dispute over the validity of a Knoxville City Ordinance. The lower court, finding the challenged ordinance invalid and void, issued a Peremptory Writ of Mandamus requiring the Chief Building Official to issue a demolition permit. Subsequently, the court entered an "Agreed Order Granting Temporary Stay," whereby the plaintiff agreed not to demolish the structure pending a final resolution of the case. The parties raise multiple issues on appeal. For the following reasons, we reverse in part, vacate in part, and remand. http://www.tba.org/tba_files/TCA/cheroke.wpd CHRISTOPHER D. DIRR v. LOUISE "LUCY" Y. DIRR (LEDBETTER) M.D. Court:TCA Attorneys: Christopher D. Dirr, pro se, Nashville, TN Jerry C. Colley, Mark A. Free, Columbia, TN, for Appellee Judge: HIGHERS First Paragraph: This case involves a child custody dispute between the parents of two minor children. In the original divorce action, mother was granted an absolute divorce and sole custody of the two children and father was granted supervised visitation. Father has since brought proceedings seeking to modify the custody arrangement and appeals the decision of the Chancery Court of Maury County to this Court. For the reasons hereinafter stated, we affirm the decision of the Chancery Court. http://www.tba.org/tba_files/TCA/dirrchristopherd.wpd ETHAN JAMES RIDER, a minor by next friend and mother, ANNE LEE RIDER v. LAURIE LYNN RIDER Court:TCA Attorneys: James Robin McKinney, Jr., Nashville, TN, for Appellant Alan T. Fister, Brentwood, TN, for Appellee Judge: HIGHERS First Paragraph: This appeal, from a grant of summary judgment, involves the imposition of a constructive trust on life insurance proceeds. The lower court imposed the constructive trust, for the benefit of Father's son from his first marriage, on proceeds distributed to Father's second wife. The basis for the constructive trust arose from Father's obligation, under the decree of divorce dissolving his first marriage, to maintain life insurance benefitting his minor son. For the following reasons, we reverse the ruling of the lower court. http://www.tba.org/tba_files/TCA/riderethanj.wpd R. P. INDUSTRIES, INC. v. UNITED STATES ALUMINUM CORPORATION - CAROLINA Court:TCA Attorneys: Gregory L. Cashion, Nashville, TN, for Appellant Joel T. Galanter, Nashville, TN; Scott A. Frick, Memphis, TN, for Appellee Judge: HIGHERS First Paragraph: This appeal arises from a dispute over an agreement to issue joint checks. The trial court found that the parties had an agreement whereby the general contractor was to issue checks jointly payable to the sub-contractor and the materials supplier, which the general contractor breached when it issued single payee checks. The court awarded the materials supplier $17,500.00. The parties raise two issues on appeal. For the following reasons, we affirm in part, reverse in part, and remand. http://www.tba.org/tba_files/TCA/rpindustries.wpd SUN SPLASH PAINTING, INC. v. HOMESTEAD VILLAGE, INC., ET AL. Court:TCA Attorneys: Timothy W. Burrow, Nashville, Tennessee, for the appellant, Sun Splash Painting, Inc. H. Frederick Humbracht, Nashville, Tennessee, for the appellee, Homestead Village, Inc. Judge: CAIN First Paragraph: This appeal involves a challenge to the trial court's refusal to award attorney's fees pursuant to the Prompt Pay Act, and to the court's denial of prejudgment interest. We affirm the trial court in all respects. http://www.tba.org/tba_files/TCA/sunsplash.wpd STATE OF TENNESSEE v. JOEL ANTHONY DAVENPORT Court:TCCA Attorneys: Joel Anthony Davenport, Petros, Tennessee, Pro Se (on appeal) and William M. Speek, Chattanooga, Tennessee (at trial) for the appellant, Joel Anthony Davenport. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; David H. Findley, Assistant Attorney General; William H. Cox, District Attorney General; and Rodney C. Strong, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant, Joel Anthony Davenport, pled guilty to multiple counts of passing worthless checks and was sentenced to probation. The Defendant's probation was violated and revoked. Upon revocation, the trial court sentenced the Defendant, and the Defendant asserts that he was sentenced to four years of incarceration, plus an additional year for the count which violated his probation, to be served consecutively to a six year sentence in another county. Accordingly, the Defendant asserts that his sentence was to total eleven years. The Tennessee Department of Corrections report showed that the Defendant was sentenced to fourteen years, not eleven, and the Defendant filed a motion with the trial court to enter an order correcting the "clerical mistake." The trial court denied that motion and the Defendant appeals. Finding no error in the trial court's denial of the Defendant's motion, we affirm. http://www.tba.org/tba_files/TCCA/davenportja.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! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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