Opinion FlashNovember 04, 2003
Volume 9 Number 202
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
IN RE: ESTATE OF DONALD BEN HENDERSON, DECEASED, JEFF HENDERSON V. KENNETH HENDERSON Court:TSC Attorneys: Eric J. Morrison and Chadwick B. Tindell, Knoxville, Tennessee, for the appellant, Jeff Henderson. Charles Dungan, Maryville, Tennessee, for the appellee, Kenneth Henderson. Judge: DROWOTA First Paragraph: We granted review in this case to decide whether a probate court's rejection of all purported wills submitted for probate and the entering of an order finding that the decedent died intestate constitutes a final order for purposes of appeal. Jeff Henderson, the plaintiff-appellant, asserts that the trial court's order rejecting the decedent's wills and finding that he died intestate was not a final order because the trial court did not certify it as such under Rule 54.02 of the Tennessee Rules of Civil Procedure. The defendant-appellee, Kenneth Henderson, responds that the rejection of the submitted wills and the finding of intestacy represent a final judgment which must be appealed, if at all, within thirty days. The Court of Appeals agreed with the defendant, and held that the probate court's order rejecting the wills for probate was a final judgment that had to be appealed within thirty days. Since the plaintiff's notice of appeal was filed beyond thirty days, the appeal was dismissed. After careful consideration, we have determined that the intermediate court correctly resolved the case. Accordingly, the judgment of the Court of Appeals is affirmed. http://www.tba.org/tba_files/TSC/hendersondb.wpd
STATE OF TENNESSEE v. GREGORY L. ANDERSON Court:TCCA Attorneys: Brent Horst, Nashville, Tennessee, for the appellant, Gregory L. Anderson. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and James D. Sledge, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant was found guilty of driving under the influence, fifth offense. The defendant filed a motion to suppress the evidence obtained as a result of the roadblock, contending that the officer lacked reasonable suspicion to detain the defendant, the roadblock guidelines are unconstitutional, and the police did not substantially comply with the roadblock guidelines. The defendant also made a motion in limine to keep out testimony regarding the defendant's use of a racial slur. Both motions were denied. We affirm the judgment of the trial court as to all issues. http://www.tba.org/tba_files/TCCA/andersongl.wpd
KELVIN WADE CLOYD v. STATE OF TENNESSEE Court:TCCA Attorneys: Douglas A. Trant, Knoxville, Tennessee, for the appellant, Kelvin Wade Cloyd. Michael E. Moore, Solicitor General; David H. Findley, Assistant Attorney General; Joe Crumley, District Attorney General; and Dennis Brooks, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The post-conviction petitioner, Kelvin Wade Cloyd, was convicted of two counts of vehicular homicide and possession of a controlled substance. After appointment of counsel and a hearing, the post-conviction court denied relief. In this appeal of right, he asserts that he was denied the effective assistance of counsel at trial and on appeal and that the state withheld evidence in violation of Brady v. Maryland, 373 U.S. 83 (1963). The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/cloydkelvinw.wpd
STATE OF TENNESSEE v. JACKIE LEE McGHEE Court:TCCA Attorneys: Roger A. Miller, Clinton, Tennessee (on appeal); Kevin Angel, Oak Ridge, Tennessee (at trial); and Randall Crossing, Jefferson City, Tennessee (at trial), for the appellant, Jackie Lee McGhee. Paul G. Summers, Attorney General & Reporter; David H. Findley, Assistant Attorney General; and Jan Hicks, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Jackie Lee McGhee, was convicted of aggravated robbery. See Tenn. Code Ann. S 39-13-402(a)(1). The trial court imposed a Range I sentence of eight years. In this appeal of right, the defendant asserts that the evidence was insufficient to support his conviction The judgment is affirmed. http://www.tba.org/tba_files/TCCA/mcgheejackiel.wpd
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