Opinion FlashOctober 31, 2003
Volume 9 Number 200
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
ROY HELTON, ET AL. v. JANICE FAYE VIERS, ET AL. Court:TCA Attorneys: Douglas T. Jenkins, Rogersville, Tennessee, for the appellants, Janice Faye Viers, Nadine Cradic, and Ruth Cradic. Phillip L. Boyd, Rogersville, Tennessee, for the appellees, Roy Helton and Judy Helton. Judge: SUSANO First Paragraph: Following the death of Mattie P. Helton ("the deceased"), 11 of her 12 surviving children signed a writing agreeing to sell the deceased's real property to the twelfth child, their brother, Roy Helton, for $12,000. Soon thereafter, two of the children, Janice Faye Viers and Nadine Cradic, refused to be bound by the agreement. Roy Helton then sued his two sisters for specific performance. The sisters filed a counterclaim for rescission and other relief. Another sister, Ruth Cradic, subsequently filed an intervening petition for rescission and other relief. At the conclusion of a bench trial, the court allowed Ruth Cradic's petition to intervene; granted Roy Helton's complaint for specific performance of the agreement; and denied the three sisters' request for rescission. We affirm. http://www.tba.org/tba_files/TCA/heltonr.wpd
TENNESSEE WASTE MOVERS, INC. v. LOUDON COUNTY, ET AL. Court:TCA Attorneys: J. Polk Cooley, Rockwood, Tennessee, and Michael D. Pearigen and Jennifer L. Brundige, Nashville, Tennessee, for the appellant, Tennessee Waste Movers, Inc. Harvey L. Sproul, Lenoir City, Tennessee, and E. H. Rayson and Penny A. Arning, Knoxville, Tennessee, for the appellees, Loudon County and Loudon County Commission. Judge: SUSANO First Paragraph: Tennessee Waste Movers, Inc. ("TWM") filed an application with the Loudon County Commission ("the Commission") seeking to expand an existing landfill in the county. The application was filed pursuant to the provisions of Tenn. Code Ann. S 68-211-701, et seq., popularly known as the "Jackson Law." Following a hearing, the Commission denied TWM's application. TWM then petitioned the Loudon County Chancery Court for judicial review. At the conclusion of a two-day bench trial, the court held in favor of the Commission's ruling. Consequently, it dismissed TWM's petition. On appeal, TWM argues that the trial court erred in its interpretation of the meaning of de novo review as that concept is found in the Jackson Law and that both the Commission and the trial court failed to properly consider the criteria set forth in the Jackson Law. If successful on appeal, TWM seeks an award of attorney's fees and litigation costs. We affirm. http://www.tba.org/tba_files/TCA/tnwaste.wpd
STATE OF TENNESSEE v. CHRISTOPHER LOVIN Court:TCCA Attorneys: Julie A. Rice (on appeal); and Charles Herman and Dan Korth, Assistant Public Defenders (at trial), for the appellant, Christopher Lovin. Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, Assistant Attorney General; and Jared Effler, John W. Galloway, Jr., and Todd Longmire, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Christopher Lovin, was convicted of felony murder in the perpetration of aggravated child abuse. In this appeal of right, the defendant argues that the evidence was insufficient and submits that the trial court erred by failing to exclude cumulative medical testimony. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/lovinc.wpd
STATE OF TENNESSEE v. EDWARD L. WILLIAMS Court:TCCA Attorneys: D'Artagnan H. Perry, Knoxville, Tennessee, for the appellant, Edward L. Williams. Paul G. Summers, Assistant Attorney General and Reporter; Braden H. Boucek, Assistant Attorney General; Randall E. Nichols, District Attorney General; and G. Scott Green, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: A Knox County jury convicted the juvenile defendant, Edward L. Williams, of premeditated first degree murder and especially aggravated robbery. The trial court imposed consecutive sentences of life for the premeditated murder conviction and twenty-two years for the especially aggravated robbery conviction. On appeal, the defendant contends: (1) the evidence is insufficient to support the conviction for premeditated murder; and (2) the trial court erred in imposing consecutive sentences. We remand for entry of an amended judgment reflecting a sentence of life with the possibility of parole and deleting any reference to a merger of the premeditated murder count and the felony murder count. We further order that the sentences run concurrently rather than consecutively. We otherwise affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/williamsedward.wpd
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