Opinion Flash

January 02, 2004
Volume 10 — Number 001

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):
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
18 New Opinion(s) from the Tennessee Court of Appeals
28 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


MARY LEE ALFORD, ET AL. v. EARL RAY LUMLEY, ET AL.

Court:TCA

Attorneys:                          

Greg Alford, Dyersburg, Tennessee, for the appellants, Mary Lee
Alford, Brad Collins and wife, Amanda Collins.

Thomas E. Weakley, Dyersburg, Tennessee, for the appellees, Earl Ray
Lumley, Robert Lumley and Earlene Lumley.

Judge: FARMER

First Paragraph:

This lawsuit emanates from a 1989 sale of land, which included a
portion of land to which the  seller did not have title.  Two
subsequent assignees of the original buyer filed a cause of action
against the seller, seeking rescission or reformation of the 1989
transaction and alternate relief.  The trial court awarded plaintiffs'
damages and declined to award equitable relief.  We affirm.

http://www.tba.org/tba_files/TCA/alford.wpd

BEVERLY MARGARET BRECKENRIDGE v. MARY LORETTA ROBBINS, ET AL.

Court:TCA

Attorneys:                          

Terry L. Wood, Corinth, MS, for Appellant

Stephen Craig Kennedy, Selmer, TN, for Appellee

Judge: HIGHERS

First Paragraph:

This case involves a dispute over entitlement to life insurance
proceeds.  Appellant asserts an equitable interest in a portion of the
proceeds based upon her and Decedent's marital dissolution agreement,
which was incorporated into the divorce decree.  The trial court
denied Appellant's motion for summary judgment and granted Appellee's
motion for summary judgment.  For the following reasons, we reverse
and remand.

http://www.tba.org/tba_files/TCA/breckenri.wpd

AMY BUTTERWORTH, ET AL. v. JOHN BUTTERWORTH, ET AL.

Court:TCA

Attorneys:                          

Marvin A. Bienvenu, Jr., and Shannon D. Elsea, Memphis, Tennessee, for
the appellant, Amy Butterworth, Individually and as Mother and Next of
Kin of Stephen Butterworth, a Minor.

Allan B. Thorp, Memphis, Tennessee, for the appellees, John
Butterworth and Chic Transportation, LLC.

Judge: FARMER

First Paragraph:

This lawsuit arises from an accident in which a minor child sustained
injuries while assisting his father at father's workplace.  The
child's mother brought this action as next of kin against the child's
father and father's employer.  The trial court awarded summary
judgment to Defendants based on the doctrine of parental immunity.  We
reverse and remand.

http://www.tba.org/tba_files/TCA/butterw.wpd

DEBBIE BYRD, LOIS STAFFORD AND TABITHA STEWART v. STATE OF TENNESSEE

Court:TCA

Attorneys:                          

Larry H. Montgomery, Memphis, Tennessee, and Venita Marie Martin,
Memphis, Tennessee, for the appellants Debbie Byrd, Lois Stafford, and
Tabitha Stewart.

Nancy M. Maddox, Memphis, Tennessee, for the appellee State of
Tennessee.

Judge: KIRBY

First Paragraph:

This is a sexual harassment case.  The three plaintiffs filed a suit
in the Claims Commission against the University of Tennessee,
asserting numerous legal theories.  The defendant filed a motion to
dismiss.  The Claims Commission granted the motion to dismiss except
as to the claim of one of the plaintiffs for breach of contract.  The
plaintiffs appeal.  We dismiss the appeal, finding that the plaintiffs
did not appeal from a final order.

http://www.tba.org/tba_files/TCA/byrdd.wpd

JIMMY E. CONCKLIN, ET AL. v. WILLIAM L. HOLLAND, ET AL.

Court:TCA

Attorneys:                          

Michael G. Derrick and Hope Kizer-O'Briant, Memphis, Tennessee, for
the appellants, Jimmy E. Concklin and wife, Connie Concklin.

Jerry O. Potter and John C. Murrow, Memphis, Tennessee, for the
Appellee, Lewis E. Holland.

Judge: FARMER

First Paragraph:

This case involves an appeal from the trial court's grant of
defendant's, Lewis E. Holland (Lewis), motion for failure to state a
claim upon which relief can be granted.  The complaint against Lewis
stated causes of action based on theories of premises liability,
partnership liability, negligent entrustment, ultra hazardous
activity, and negligence per se based on violations of 21 U.S.C. S 856
(2003).  We affirm.

http://www.tba.org/tba_files/TCA/concklin.wpd

STACY DEAL AND STEPHANIE CHERRY, CO-ADMINISTRATORS OF THE ESTATE OF
ALONZO DONALD TUCKER, DECEASED v. LEE M. HASTINGS

Court:TCA

Attorneys:                          

Martin L. Howie, Dyersburg, Tennessee, for the appellants, Stacy Deal
and Stephanie Cherry.

Karyn C. Bryant, Nashville, Tennessee, for the appellee, Lee Hastings.

Judge: FARMER

First Paragraph:

Co-administrators of the decedent's estate sued Walter Hastings
(Walter) alleging that he owned the residence that the deceased was
renting at the time of the fire negligently caused by the defendant,
and which resulted in his death.  Walter was granted summary judgment
upon showing that he was not the owner of the house, but rather it was
owned by his son, Lee M. Hastings (Lee).  The complaint was amended to
substitute Lee as the defendant outside the one-year statute of
limitations.  The trial court granted summary judgment in favor of Lee
on the basis that he did not know in a timely manner of the suit
brought against his father.  Having determined that a trier of fact
could reasonably conclude to the contrary, we reverse.

http://www.tba.org/tba_files/TCA/dealst.wpd

DONALD DEVON DISHER, JR. v. KAROL LOUISE DISHER

Court:TCA

Attorneys:                          

David W. Camp, Jackson, TN, for Appellant

H. Wayne Vaiden, Jr., Memphis, TN, for Appellee

Judge: HIGHERS

First Paragraph:

This appeal arises from a divorce proceeding.  The chancery court
granted the parties a divorce and awarded Wife rehabilitative alimony
in the amount of  two thousand dollars ($2,000.00)  per month for a
period of two (2) years followed by three thousand dollars ($3,000.00)
 per month for a period of six (6) years.  The court awarded Wife one
hundred percent (100%) of the marital residence and ordered that the
marital property be divided sixty/forty (60/40), with Wife receiving
sixty percent (60%) and Husband receiving forty percent (40%).  In
addition, the court awarded Wife $150,000 on her interspousal tort
claim.  The court also awarded Wife the full amount of her attorney
fees and other expenses.  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/disher.wpd

WALTER G. EFIRD, III, M.D. v. THE CLINIC OF PLASTIC AND RECONSTRUCTIVE
SURGERY, P.A.

Court:TCA

Attorneys:                          

Oscar C. Carr, III, Memphis, Tennessee, for the appellant The Clinic
of Plastic and Reconstructive Surgery, P.A.

William P. Efird, Memphis, Tennessee, for the appellee Walter G.
Efird, III, M.D.

Judge: KIRBY

First Paragraph:

This is an employment case.  The plaintiff physician was an employee
of the defendant plastic surgery clinic.  The employer clinic opened a
satellite office in a suburb, staffed by the plaintiff physician. 
Without the knowledge of the employer clinic, the physician began
directing some of the funds collected from patients to a separate bank
account.  The physician also took other steps toward opening his own
practice, including having insurance forms filled out so that funds
went to his separate bank account rather than to the employer clinic. 
When the employer clinic learned of the physician's activities, it
terminated his employment.  The physician sued the employer clinic for
the fees generated by him during his employment, and the clinic
counterclaimed for fraud, breach of fiduciary duty and breach of
contract.  A special master was appointed to determine the amount of
funds both parties had collected.  The parties filed cross motions for
summary judgment.  The trial court granted summary judgment in the
favor of the physician, finding no fraud or breach of fiduciary duty,
only dissolution of their contractual relationship.  The special
master made further findings on the financial issues, and a judgment
was entered requiring the employer clinic to pay damages to the
physician.  The employer clinic appeals. We reverse the trial court's
grant of summary judgment to the physician.  The denial of the
employer clinic's motion for summary judgment is reversed in part as
to the physician's breach of the duty of loyalty as an employee and as
to the breach of his employment contract, and factual issues remain as
to the physician's status as an officer or director and his fraudulent
intent.

http://www.tba.org/tba_files/TCA/efirdwg.wpd

FIDELITY & GUARANTY LIFE INSURANCE COMPANY v. PATRICIA LEE FUTRELL
CORLEY, ESTATE OF ROBERT LEON CORLEY, AND CHERYL ANN JONES PATTERSON

Court:TCA

Attorneys:                          

Robert I. Thomason, Jr., and Tracy L. Harrell, Waverly, Tennessee, for
the appellant, Cheryl Ann Jones Patterson.

Clifford K. McGown, Jr., Waverly, Tennessee, for the appellees,
Patricia Lee Futrell Corley and Estate of Robert Leon Corley.

Todd A. Rose, Paris, Tennessee, for the appellee, Fidelity & Guaranty
Life Insurance Company.

Judge: KIRBY

First Paragraph:

This is an interpleader action involving the doctrine of former suit
pending.  In 1995, the decedent purchased a term life insurance policy
from the defendant insurance company and named his wife as the primary
beneficiary.  In 1999, the decedent changed the named beneficiary from
his wife to another woman.  In September 2001, the decedent died.  At
his death, the other woman was still the named beneficiary under the
policy.  The named beneficiary filed a complaint in the chancery court
in Humphreys County against the insurance company seeking payment of
the proceeds of the life  insurance policy.  The wife, however, had
previously made a claim with the insurance company for the same
proceeds.  Consequently, less than two weeks after the first lawsuit
was filed, the insurance company filed the interpleader action below
in Henry County against the wife, the named beneficiary, and the
estate, seeking a determination of the rightful beneficiary of the
proceeds.  The named beneficiary moved for dismissal of the
interpleader action, based on the doctrine of prior suit pending.  The
trial court denied that motion, finding that the doctrine of prior
suit pending did not apply in this situation.  The named beneficiary
was granted permission to file this interlocutory appeal from the
order denying the motion to dismiss.  We now reverse, concluding that
this interpleader action should be dismissed based on the doctrine of
prior suit pending.

http://www.tba.org/tba_files/TCA/fglife.wpd

RONALD E. FOWLER, ET UX. v. AUGUSTINE H. HENDERSON, III, ET AL.

Court:TCA

Attorneys:                          

S. Newton Anderson, Memphis, For Appellants, Augustine H. Henderson,
III and Wittichen Lime and Cement Co., Inc.

David Riley, Memphis, for Appellee, Blume Tree Services, Inc.

Judge: CRAWFORD

First Paragraph:

This is an automobile rear-end collision case resulting in alleged
personal injuries.  Plaintiffs' vehicle, stopped in a line of traffic,
was struck from the rear by one defendant's vehicle, which had been
hit from the rear by another defendant.  The answer of defendants in
the rear most vehicle affirmatively asserted the comparative fault of
a tree service corporation causing the traffic-stop by blocking the
road without warning.  Plaintiffs amended their complaint to name the
tree service company.  The trial court granted the tree service
company summary judgment and the defendants, asserting the comparative
fault of the tree service company, appeal.  When the case proceeded to
trial as to the remaining defendants, plaintiffs voluntarily dismissed
the case.  The same defendants appealed the order of the trial court
allowing a voluntary non-suit.  Since the dispositive issue in both
cases is whether the trial court erred in granting summary judgment to
the tree service company, the cases were consolidated on appeal.  We
affirm.

http://www.tba.org/tba_files/TCA/fowlerr.wpd

LINDA FAYE LEFKOWITZ GRABER v. LAWRENCE SCOTT GRABER

MICHAEL A. PARKER, TRUSTEE v. STEVE R. GRABER, TRUSTEE

Court:TCA

Attorneys:                          

Aubrey L. Brown, Jr., Memphis, Tennessee, for the appellant Steve R.
Graber, respondent and counter-petitioner.

J. Alan Hanover, Memphis, Tennessee, for the appellee Michael A.
Parker, petitioner and counter- respondent.

Judge: KIRBY

First Paragraph:

This case involves interpretation of a trust agreement.  The husband
and wife entered into a marital dissolution agreement providing for
the creation of a trust.  The MDA said that the trust would be used
for the college expenses of the parties' children.  The trust
agreement said that the children's college educations would be funded
by the principal of the trust, but also said that the trust principal
should be used to benefit the wife, and that providing for the wife's
needs was the primary purpose of the trust during her life.  The wife
sought a disbursement of trust funds for her benefit.  The trustees
disagreed on the primary purpose of the trust and whether such a
disbursement would be appropriate, and filed a petition in the trial
court below seeking instructions.  The trial court held that the
trustees were permitted to use the funds to benefit the wife and
should not factor in the children's potential college expenses.  One
of the trustees appeals.  We affirm in part and reverse in part,
holding that the trustees may disburse the trust funds to benefit the
wife, but must also keep in mind the children's future college
expenses.

http://www.tba.org/tba_files/TCA/graberlfl.wpd

DONALD F. HUNGERFORD, FOR HIMSELF AND AS NEXT OF KIN TO ELLA F.
HUNGERFORD, DECEASED v. STATE OF TENNESSEE

Court:TCA

Attorneys:                          

Duncan E. Ragsdale, Memphis, Tennessee, for the Appellant Donald F.
Hungerford.

Rebecca P. Tuttle, Memphis, Tennessee, for the Appellee State of
Tennessee.

Judge: KIRBY

First Paragraph:

This case involves the dismissal of a claim for the claimant's failure
to respond to an order to show cause.  The claimant filed a lawsuit in
circuit court, as well as a claim in the Claims Commission, alleging
medical malpractice by state-employed physicians treating his wife. 
The claimant moved to transfer the Claims Commission claim to circuit
court.  The claimant was ordered by the Claims Commission to file a
more definite statement.  He failed to do so, and failed to respond to
further orders by the Claims Commission.  Consequently, the claim was
dismissed.  The claimant moved to set aside the dismissal, arguing
that his failure to respond was justifiable due to the confusion
created by renovation of his attorney's office.  The Commission denied
the motion.  We affirm, holding that the Commission did not abuse its
discretion in declining to transfer the claim and in denying the
motion to set aside dismissal of the claim.

http://www.tba.org/tba_files/TCA/hunger.wpd

JAMES L. JACKSON v. JACKSON, JOHNSON & MURPHEY, P.C.

Court:TCA

Attorneys:                          

Lex A. Coleman and Douglas R. Johnson, Chattanooga, Tennessee,
attorneys for Appellant, Jackson, Johnson & Murphey, P.C.

Boyd Stewart Jenkins, Chattanooga, Tennessee, Attorney for Appellee,
James L. Jackson.

Judge: INMAN

First Paragraph:

This litigation is between a former shareholder - later employee - of
the defendant accounting corporation.  These parties entered into an
employment contract together with a deferred compensation agreement. 
After two years, each party claimed the other was in material breach:
the Plaintiff asserted a breach because, inter alia, the Defendant
refused to treat him as an employee, while the Defendant asserted a
breach because the Plaintiff prepared a number of tax returns [66],
inter alia, for clients of the firm without recourse to the firm.  The
trial court found that no mutual material breaches had occurred, and
that the Plaintiff was entitled to recover the balance of his deferred
compensation which had been terminated by the Defendant owing to the
Plaintiff's alleged breaches.  The judgment is modified.

http://www.tba.org/tba_files/TCA/jacksj.wpd

SHEILA KAY BROWN JONES v. LLOYD KIRK JONES

Court:TCA

Attorneys:                          

Stephanie L. Prentis, Savannah, For Appellant, Sheila Kay Brown Jones

Vance W. Dennis, Savannah, For Appellee, Lloyd Kirk Jones

Judge: CRAWFORD

First Paragraph:

This is an appeal from a Final  Order granting the parties a divorce
and dividing the marital property.  Wife appeals and asserts that the
division of marital property is inequitable.  We affirm.

http://www.tba.org/tba_files/TCA/joness.wpd

MARIA LOUISE BERNHARD KOLLASCH  KRAHN v. TODD MICHAEL KOLLASCH

Court:TCA

Attorneys:                          

Linda L. Holmes, Memphis, For Appellant, Todd Michael Kollasch

David E. Caywood, Holly J. Renken, Memphis, For Appellee, Maria
Kollasch Krahn

Judge: CRAWFORD

First Paragraph:

Mother and Father were declared divorced by the trial court pursuant
to an absolute decree of divorce that incorporated, by reference, a
Permanent Parenting Plan designating Mother as the primary residential
parent to the parties' minor child.  Father appeals the parenting
plan's designation of Mother as the primary residential parent.  We
affirm.

http://www.tba.org/tba_files/TCA/kollasch.wpd

MICHAEL GENE SHOEMAKE, SR., ET AL. v. OMNIQUIP INTERNATIONAL, INC., ET
AL.

Court:TCA

Attorneys:                          

Thomas D. Yeaglin, Memphis, For Appellants, Michael Gene Shoemake,
Sr., and Joy Shoemake

Michael B. Neal and Sara Falkinham, Memphis, For Appellees Omniquip
Textron, Inc., and Trak International, Inc.

Dale H. Tuttle and R. Douglas Hanson, Memphis, For Appellee, United
Equipment, Inc.

Judge: CRAWFORD

First Paragraph:

This is a products liability wrongful death case.  Plaintiffs'
decedent died when he fell from a job-rigged box that was being lifted
by a telescoping fork lift to the fourth floor of a job site. 
Plaintiffs sued the lessor, the manufacturer of the lift, and the
manufacturer's parent company, asserting that the lift was defective
and unreasonably dangerous, and that the manufacturer and parent
company failed to adequately warn.  The trial court granted summary
judgment to all three Defendants.  Plaintiffs appeal.  We affirm.

http://www.tba.org/tba_files/TCA/shoemak.wpd

TERRY BAKER SMITHSON v. JAMES ALVIN SMITHSON, JR. 

Court:TCA

Attorneys:                          

Kaye G. Burson, Memphis, Tennessee, for the appellant, James Alvin
Smithson, Jr.

C. Suzanne Landers and Vicki J. Singh, Memphis, Tennessee, for the
appellee, Terry Baker Smithson.

Judge: FARMER

First Paragraph:

This is an appeal from a divorce action.  Husband contends the trial
court abused its discretion by granting Wife's motion in limine,
establishing Husband's earning capacity based on 1998 and 1999 income
tax returns, and by divesting Husband of his interest in the parties'
assets.  We affirm.

http://www.tba.org/tba_files/TCA/smithsont.wpd

WILLIAM B. TANNER v. JOHN W. HARRIS, JR., TRUSTEE

Court:TCA

Attorneys:                          

John W. Harris, Jr., Trustee, Memphis, Tennessee, pro se.
                        
Gary E. Veazey, Memphis, Tennessee, for the Appellee William B.
Tanner.

Judge: KIRBY

First Paragraph:

This case involves the collateral attack of a judgment.  In the
underlying proceedings, the defendant filed a lawsuit in general
sessions court against the plaintiff individual.  Process was served
on the registered agent to accept service of process for the
plaintiff's corporation.  The plaintiff did not appear in general
sessions court, and a default judgment was rendered in favor of the
defendant.  This was not appealed.  The plaintiff then filed this
separate lawsuit in chancery court to set aside the general sessions
default judgment, claiming he was not served with process in the
general sessions proceedings.  The chancery court issued an order
setting aside the general sessions judgment.  The defendant appeals. 
We affirm, holding that the chancery court had jurisdiction to
determine whether service was proper and finding no abuse of
discretion on the part of the chancery court in setting aside the
general sessions default judgment.

http://www.tba.org/tba_files/TCA/tannerwb.wpd

STATE OF TENNESSEE v. TRAVIS ANDERSON

Court:TCCA

Attorneys:                          

W. Mark Ward, Assistant Shelby County Public Defender, for the
appellant, Travis Anderson.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Jennifer L. Bledsoe, Assistant Attorney General;
William L. Gibbons, District Attorney General, and Mike Davis,
Assistant District Attorney General, for the appellee, State of
Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Defendant, Travis Anderson, pled guilty to two counts of
aggravated burglary, with an agreed sentence of three years on each
count to be served concurrently.  Pursuant to the plea agreement, the
trial court was to determine whether the Defendant merited for
alternative sentencing.  Following a sentencing hearing, the trial
court denied the Defendant's application for judicial diversion,
suspended his sentence for three years, and placed the Defendant on
probation for three years.  On appeal, the Defendant contends that the
trial court erred in refusing to grant his application for judicial
diversion.  Finding no error, we affirm the trial court's judgments.

http://www.tba.org/tba_files/TCCA/andersont.wpd

STATE OF TENNESSEE v. ANDRE ANTHONY

Court:TCCA

Attorneys:                          

Scott Hall, Memphis, Tennessee, for the appellant, Andre Anthony.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; William L. Gibbons, District Attorney
General; Steve Jones, Assistant District Attorney; and Amy Weirich,
Assistant District Attorney General, for the appellee, State of
Tennessee.

Judge: WOODALL

First Paragraph:

Following a jury trial, Defendant, Andre Anthony,   was convicted of
two counts of forgery over five hundred dollars, one count of forgery
over one thousand dollars, one count of criminal attempt to commit
first degree murder, and one count of especially aggravated robbery. 
In his appeal, Defendant argues that (1)   the evidence was
insufficient to find him guilty beyond a reasonable doubt of attempt
to commit first degree murder and especially aggravated robbery; (2)
the trial court erred in denying Defendant's motion to suppress
evidence obtained through an inventory search of Defendant's vehicle;
(3) the trial court erred in failing to instruct the jury that
"serious bodily injury" is an element of the offense of especially
aggravated robbery; and (4) the trial court erred in ordering
Defendant's sentences for attempt to commit first degree murder and
especially aggravated robbery to be served consecutively.  After a
thorough review of the record, we affirm the judgments of the trial
court.

http://www.tba.org/tba_files/TCCA/anthony.wpd

ERIC BIGGS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

John H. Parker, II, Memphis, Tennessee, for the Appellant, Eric Biggs.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Paul Haggerman, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

Eric Biggs appeals the Shelby County Criminal Court's denial of his
petition for post-conviction relief.  Biggs is presently serving an
effective 45-year sentence for fourteen robbery-related offenses to
which he pleaded guilty.  In his post-conviction attack, he claims
that he was not afforded the effective assistance of counsel in the
conviction proceedings and that as a result, his guilty pleas were not
knowingly, voluntarily, and intelligently entered.  The petitioner
also makes a second claim that his guilty pleas were not knowingly,
voluntarily, and intelligently entered because he believed that his
sentencing range would increase with each subsequent conviction

http://www.tba.org/tba_files/TCCA/biggse.wpd

STATE OF TENNESSEE v. DEDRICK DEWAYNE CHISM

Court:TCCA

Attorneys:                          

Barton F. Robison, Paris, Tennessee, for the appellant, Dedrick
Dewayne Chism.

Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; G. Robert Radford, District Attorney
General; and Steven L. Garrett, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

A Henry County Circuit Court jury convicted the defendant, Dedrick
Dewayne Chism, of two counts of selling more than one-half gram of
cocaine, a Class B felony, and the trial court sentenced him as a
Range II, multiple offender to twelve years for each conviction to be
served concurrently.  The defendant appeals, claiming that (1) the
evidence is insufficient to support his convictions, (2) the state
improperly withheld an exculpatory witness's name from the defense,
and (3) the trial court erred by refusing to allow the defense to
impeach a state witness with his prior conviction and bad acts.  We
affirm the judgments of the trial court.

http://www.tba.org/tba_files/TCCA/chism.wpd

STATE OF TENNESSEE v. JEROME COMER

Court:TCCA

Attorneys:                          

David O. McGovern, Jasper, Tennessee, for the appellant, Jerome Comer.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Kim R. Helper, Assistant Attorney General; J.
Michael Taylor, District Attorney General; and Steve Blount, Assistant
District Attorney General, for the appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

A Franklin County jury convicted the Defendant of one count of Sale of
a Schedule II Controlled Substance, cocaine, and one count of Delivery
of a Controlled Substance, also cocaine.  The trial court merged the
convictions and sentenced the Defendant to eight years in prison.  The
Defendant appeals, contending: (1) there was insufficient evidence to
support his convictions; and (2) that the trial court imposed an
excessive sentence.  After reviewing the record, we conclude that
sufficient evidence was presented to support the Defendant's
convictions and the trial court did not err in sentencing the
Defendant.  Accordingly, we affirm the judgments of the trial court.

http://www.tba.org/tba_files/TCCA/comerj.wpd

MARIO GATES, PRO SE v. STATE OF TENNESSEE
ORDER

Court:TCCA

Attorneys:                          

Mario Gates, pro se.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe,
Assistant Attorney General, for the appellee, State of  Tennessee.

Judge: HAYES

First Paragraph:

This matter is before the Court upon the State's motion to affirm the
judgment of the trial court by order pursuant to Rule 20, Rules of the
Court of Criminal Appeals.  The Petitioner appeals the trial court's
denial of his motion to reopen his petition for post-conviction
relief.  The Petitioner fails to assert a cognizable ground for
reopening his petition.  Accordingly, the State's motion is granted
and the judgment of the trial court is affirmed.

http://www.tba.org/tba_files/TCCA/gates_ord.wpd

CHAUNCEY R. GORDON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Chauncey R. Gordon, Wartburg, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; T. Michel Bottoms, District Attorney
General; and Patrick S. Butler, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The petitioner, who pled guilty to one count of first degree murder
and one count of second degree murder, appeals the denial of his
petition for writ of error coram nobis, arguing that the trial court
should have granted him relief based on newly discovered evidence
which allegedly showed that his trial counsel had a conflict of
interest at the time he entered his pleas of guilty.  Following our
review, we affirm the order of the trial court denying the petition.

http://www.tba.org/tba_files/TCCA/gordonchaunceyr.wpd

TIMMY HERNDON, PRO SE v. GLEN TURNER, WARDEN, PAUL SUMMERS, STATE
ATTORNEY GENERAL, AND ELIZABETH RICE
ORDER

Court:TCCA

Attorneys:                          

Timmy Herndon, pro se.

Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III,
Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: RILEY

First Paragraph:

The Petitioner, Timmy Herndon, appeals the trial court's denial of his
petition for habeas corpus relief.  The State has filed a motion
requesting that this Court affirm the trial court's denial of relief
pursuant to Rule 20, Rules of the Court of Criminal Appeals.  Because
Petitioner has failed to allege a ground for relief which would render
the judgment void, we grant the State's motion and affirm the judgment
of the lower court.

http://www.tba.org/tba_files/TCCA/herndon_ord.wpd

STATE OF TENNESSEE v. ALVETO MARTEL HIGGINS

Court:TCCA

Attorneys:                          

Chadwick G. Hunt, Savannah, Tennessee, for the appellant, Alveto
Martel Higgins.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; G. Robert Radford, District Attorney
General; John W. Overton, Chief Deputy District Attorney General, for
the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant entered open guilty pleas to three counts of the sale of
less than 0.5 grams of cocaine, possession of over 0.5 grams of
cocaine with intent to sell or deliver, simple possession of
marijuana, and driving on a revoked license.  The trial court gave the
defendant an effective sentence of nine years to be served in the
Tennessee Department of Correction.  The defendant contends that the
trial court erred in denying him alternative sentencing.  The
judgments of the trial court are affirmed.

http://www.tba.org/tba_files/TCCA/higginsam.wpd

STATE OF TENNESSEE v. BILLY M. HIGGINS

Court:TCCA

Attorneys:                          
 
Guy T. Wilkinson, District Public Defender; and Richard W. DeBerry,
Assistant District Public Defender, for the appellant, Billy M.
Higgins.

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: GLENN

First Paragraph:

The defendant, Billy M. Higgins, appeals the revocation of his
probation, arguing that the trial court abused its discretion in
revoking his probation for failure to complete a drug rehabilitation
program.  Following our review, we affirm the order of the trial
court.

http://www.tba.org/tba_files/TCCA/higginsb.wpd

JESSIE HODGES, PRO SE v. STATE OF TENNESSEE
ORDER

Court:TCCA

Attorneys:                          

Jessie Nelson Hodges, pro se.

Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III,
Assistant Attorney General, for the appellee, State of  Tennessee.

Judge: HAYES

First Paragraph:

This matter is before the Court upon the State's motion to affirm the
judgment of the trial court by order pursuant to Rule 20, Rules of the
Court of Criminal Appeals.  The Petitioner is appealing the trial
court's denial of habeas corpus relief.  The Petitioner fails to
assert a ground of relief entitling him to habeas corpus relief. 
Accordingly, the State's motion is granted and the judgment of the
trial court is affirmed.

http://www.tba.org/tba_files/TCCA/hodges_ord.wpd

STATE OF TENNESSEE v. KEVIN LAMONT HUTCHISON

Court:TCCA

Attorneys:                          

Gregory D. Smith (on appeal); Collier Goodlett and Charles Bush (at
trial), Clarksville, Tennessee, for the appellant, Kevin Lamont
Hutchison.

Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; John Wesley Carney, Jr., District Attorney
General; and C. Daniel Brollier, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Kevin Lamont Hutchison, was convicted by a jury in the
Montgomery County Circuit Court of aggravated robbery.  The trial
court sentenced the appellant to seventeen years imprisonment in the
Tennessee Department of Correction.  On appeal, the appellant contends
that the evidence was not sufficient to support his conviction.  Upon
review of the record and the parties' briefs, we affirm the judgment
of the trial court.

http://www.tba.org/tba_files/TCCA/hutchisonkl.wpd

STATE OF TENNESSEE v. JULIUS L. JONES

Court:TCCA

Attorneys:                          

Christine W. Stephens (on appeal), Memphis, Tennessee, and James T.
Allison (at trial), Memphis, Tennessee, for the appellant, Julius L.
Jones.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; William L. Gibbons, District Attorney
General; and Reginald Henderson and Eric Christensen, Assistant
District Attorneys General, for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant was convicted of facilitation of felony murder, a Class
A felony, and sentenced to twenty-three years.  The defendant contends
on appeal that the trial court erred in 1) allowing testimony by
Dozier that the defendant told her the victim had been involved in the
robbery because the statement was inadmissible hearsay, and 2)
refusing to admit the prior written statement of Dozier into evidence
under Tennessee Rule of Evidence 613(b).  We remand for correction of
the judgment form to reflect the correct felony classifications.  The
judgment of the trial court is affirmed in all other respects.

http://www.tba.org/tba_files/TCCA/jonesjl.wpd

STATE OF TENNESSEE v. CHYSEA MYRANDA MARNEY 

Court:TCCA

Attorneys:                          

James Powell, Union City, Tennessee, for the Appellant, Chysea Myranda
Marney.

Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General; Thomas A. Thomas, District Attorney
General; and Kevin McAlpin, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

Following an Obion County Circuit Court jury trial, the defendant,
Chysea Myranda Marney, was convicted of possession of marijuana with
intent to deliver, a Class E felony, Tenn. Code Ann. S 39-
17-417(a)(4), (g)(1) (2003), and possession of drug paraphernalia, a
Class A misdemeanor, id. S 39- 17-425(a) (2003). The trial court
sentenced her on the felony as a multiple offender to three years in
the Department of Correction, and it sentenced her on the misdemeanor
to eleven months, 29 days in the county jail.  Now on appeal, the
defendant claims that the trial court erred in failing to suppress
evidence gained through the execution of a search warrant and that the
evidence is insufficient to support the convictions.  We disagree and
affirm the lower court's judgments.

http://www.tba.org/tba_files/TCCA/marney.wpd

MARVIN ANTHONY MATTHEWS, PRO SE v. STATE OF TENNESSEE AND BRUCE
WESTBROOKS, WARDEN, WEST TENNESSEE STATE PENITENTIARY
ORDER

Court:TCCA

Attorneys:                          

Marvin Anthony Matthews, pro se.

Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III,
Assistant Attorney General, for the appellee, the State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The Petitioner, Marvin Anthony Matthews, appeals the trial court's
denial of his petition for habeas corpus relief.  The State has filed
a motion requesting that this Court affirm the trial court's denial of
relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. 
Because Petitioner filed his petition in the wrong venue without
providing a sufficient reason for not applying in the proper court, we
grant the State's motion and affirm the judgment of the lower court.

http://www.tba.org/tba_files/TCCA/matthews_ord.wpd

STATE OF TENNESSEE v. LAVONDAS CORDELL NELSON

Court:TCCA

Attorneys:                          

Lavondas C. Nelson, pro se, for the appellant.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Renee W. Turner, Assistant Attorney General; and
William C. Whitesell, Jr., District Attorney General, for the
appellee, State of Tennessee.

Judge: WEDEMEYER

First Paragraph:

The Petitioner, Lavondas Cordell Nelson, pled guilty to one count of
reckless endangerment with a weapon and one count of possession of a
handgun by a felon in the Rutherford County Circuit Court, and the
trial court imposed suspended two year sentences for each count, to be
served consecutively, plus four years of probation at the expiration
of those terms.  The Petitioner filed a pro se petition for writ of
habeas corpus and a motion requesting that the trial court appoint an
attorney to represent him during the habeas corpus proceeding.  The
trial court denied his motion and dismissed his petition for writ of
habeas corpus.  On appeal, the Petitioner contends that: (1) the trial
court erred in dismissing his petition for writ of habeas corpus; and
(2) the trial court erred by denying his motion for appointment of
counsel.  Finding no reversible error, we affirm the trial court's
judgment.

http://www.tba.org/tba_files/TCCA/nelsonlc.wpd

STATE OF TENNESSEE v. NESHA NEWSOME

Court:TCCA

Attorneys:                          

Danese K. Banks and Gerald D. Skahan, Memphis, Tennessee, for the
appellant, Nesha Newsome.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General;  William L. Gibbons, District Attorney
General; Amy P. Weirich and Stephen P. Jones, Assistant District
Attorneys General, for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant was convicted of especially aggravated kidnapping,
aggravated kidnapping, aggravated robbery, and robbery.  The defendant
contends on appeal that the trial court erred in (1) not properly
transferring the case from juvenile court, (2) denying her request for
a continuance, (3) admitting a tape recorded statement by the
defendant, (4) admitting certain photographs of the victim, (5)
refusing to allow expert testimony regarding the defendant's mental
condition, (6) refusing to allow evidence of a co-defendant's
subsequent crimes, (7) failing to instruct the jury on certain lesser
included offenses, and (8) sentencing.  We conclude that the trial
court erred in applying enhancement factors six and ten. The trial
court also erred in not applying the mitigating factor (victim
released alive) to the especially aggravated kidnapping conviction.
The sentence is reduced for (1) aggravated robbery from ten years to
nine years, (2) aggravated kidnapping from ten years to nine years,
and (3) especially aggravated kidnapping from twenty-one years to
twenty years.  We reverse the trial court's determination that the
sentences should be served consecutively.  We remand to the trial
court to amend the judgment for case number 01-00564 to reflect that
the defendant was a standard violent offender rather than a repeat
violent offender.  We affirm the judgments of the trial court in all
other respects.

http://www.tba.org/tba_files/TCCA/newsomen.wpd

STATE OF TENNESSEE v. MIKEL ULYSEES PRIMM

Court:TCCA

Attorneys:                          

Kenneth Quillen, Nashville, Tennessee, for the appellant, Mikel
Ulysees Primm.

Paul G. Summers, Attorney General & Reporter; Helena Walton Yarbrough,
Assistant Attorney General; and Suzanne Lockert, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, Mikel Ulysees Primm, was convicted of speeding, simple
possession of cocaine, simple possession of marijuana, possession of
drug paraphernalia, and criminal impersonation.  The trial court
imposed a sentence of 30 days for the speeding offense, 11 months and
29 days on each of the three possession offenses, and six months for
the criminal impersonation offense.  The sentence for criminal
impersonation is to be served consecutively to the sentence for simple
possession of cocaine.  The remaining sentences are to be served
concurrently to the sentence for simple possession of cocaine and to
each other.  In this appeal of right, the defendant argues that the
trial court provided erroneous instructions to the jury as to the
definition of constructive possession.  The judgments are affirmed.

http://www.tba.org/tba_files/TCCA/primmmu.wpd

JAMES OLIVER ROSS, PRO SE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

James Oliver Ross, pro se.

Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III,
Assistant Attorney General, for the appellee, State of  Tennessee.

Judge: HAYES

First Paragraph:

The Petitioner, James Oliver Ross, appeals the trial court's denial of
his petition for habeas corpus relief.  The State has filed a motion
requesting that this Court affirm the trial court's denial of relief
pursuant to Rule 20, Rules of the Court of Criminal Appeals.  The
Petitioner fails to assert a cognizable claim for which habeas corpus
relief may be granted.  Accordingly, the State's motion is granted and
the judgment of the trial court is affirmed.

http://www.tba.org/tba_files/TCCA/ross.wpd

STATE OF TENNESSEE v. JERMAINE RESHAWN SCOTT, ANTHONY RAY THARPE, AND
FELICIA ANN TAYLOR

Court:TCCA

Attorneys:                          

Victoria L. DiBonaventura, Paris, Tennessee, for the appellants,
Jermaine Reshawn Scott, Anthony Ray Tharpe, and Felicia Ann Taylor.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General;  G. Robert Radford, District Attorney
General; and Steven L. Garrett, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

Each of the defendants in this case was convicted of drug charges
following the search of their home.  They contend that the search
warrant was invalid because of material misrepresentations and lack of
probable cause.  They also contend the trial court erred in sentencing
each of them.  After careful review of the record, we conclude the
trial court did not err in failing to suppress the evidence obtained
as a result of the search warrant, and we affirm each defendant's
conviction.   After de novo review of the trial court's sentencing
determinations, we modify the sentences of defendants Scott and
Tharpe.  The sentence of Felicia Ann Taylor is affirmed.  Accordingly,
the case is remanded for entry of corrected judgments of conviction
consistent with this opinion.

http://www.tba.org/tba_files/TCCA/scottjra.wpd

STATE OF TENNESSEE v. TREASA RENEE SHORTER

Court:TCCA

Attorneys:                          

Donna Leigh Hargrove, District Public Defender; Andrew Jackson
Dearing, III, Assistant District Public Defender (at hearing and on
appeal); and Gregory D. Smith, Clarksville, Tennessee (on appeal), for
the appellant, Treasa Renee Shorter.

Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan,
Assistant Attorney General; William Michael McCown, District Attorney
General; and Weakley E. Barnard, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The defendant, Treasa Renee Shorter, pled guilty to possession of .5
grams or more of cocaine with  intent to sell.  The trial court
imposed a sentence of nine years and nine months to be served in the
Department of Correction.  In this appeal, the defendant contends: (1)
her sentence is excessive; and (2) the trial court erred in denying
alternative sentencing.  We affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/shortertreasa.wpd

STATE OF TENNESSEE v. JESSE TUGGLE

Court:TCCA

Attorneys:                          

Trudy L. Bloodworth (at trial) and Douglas P. Nanney (on appeal and at
trial), Franklin, Tennessee, for the appellant, Jesse Tuggle.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Lee Dryer, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Jesse Tuggle, was convicted by a jury in the Williamson
County Circuit Court of one count of forgery, one count of theft of
property valued under $500, and one count of criminal impersonation. 
The trial court sentenced the appellant to one and one-half years of
imprisonment in the Tennessee Department of Correction for the forgery
conviction, eleven months and twenty- nine days imprisonment for the
theft conviction, and six months imprisonment for the criminal
impersonation conviction.  The trial court further ordered the
sentences to be served concurrently.  On appeal, the appellant
contests the sufficiency of the evidence supporting his forgery
conviction and argues that the trial court erred in denying
alternative sentencing.  Upon review of the record and the parties'
briefs, we affirm the judgments of the trial court.

http://www.tba.org/tba_files/TCCA/tugglej.wpd

STATE OF TENNESSEE v. WILLIAM HENRY VAUGHAN, IV
WITH ORDER

Court:TCCA

Attorneys:                          

Hershell Koger (on appeal) and J. Russell Parkes (at trial), Pulaski,
Tennessee, for the appellant, William Henry Vaughan, IV.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General;  Mike Bottoms, District Attorney General;
and Robert C. Sanders, Richard Dunavant, and Patrick Butler, Assistant
District Attorneys General, for the appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

The Defendant, William Henry Vaughan, IV, was convicted by a jury of
first degree premeditated murder and aggravated arson.  He was
sentenced to life imprisonment for the murder and to twenty- five
years for the arson, with the sentences to be served consecutively. 
In this direct appeal, the Defendant makes the following claims:  (1)
the trial court erred in denying his motion to suppress; (2) he was
denied his right to a speedy trial; (3) the sequestered jury was
separated; (4) the trial court erred by admitting a police officer's
written report in its entirety; (5) he was deprived of his fundamental
constitutional right to testify; (6) the evidence is not sufficient to
support his convictions; and (7) he was deprived of the effective
assistance of counsel.  Because we find that the Defendant was
deprived of his fundamental constitutional right to testify, and
because the State has failed to demonstrate that the deprivation was
harmless beyond a reasonable doubt, we vacate the Defendant's
convictions and remand this matter for a new trial.

http://www.tba.org/tba_files/TCCA/vaughanwh_opn.wpd

ORDER
http://www.tba.org/tba_files/TCCA/vaughanwh_ord.wpd

FREDDIE VAUGHT v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Tony L. Maples, Murfreesboro, Tennessee, for the appellant, Freddie
Vaught.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; William C. Whitesell, Jr., District
Attorney General; and John W. Price, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The petitioner appeals the denial of post-conviction relief.  He
argues his guilty plea to second degree murder was involuntary due to
ineffective assistance of trial counsel.  We affirm the judgment of
the post-conviction court.

http://www.tba.org/tba_files/TCCA/vaughtfreddie.wpd

STATE OF TENNESSEE  v.  VERNICA SHABREE WARD
WITH CONCURRING OPINION

Court:TCCA

Attorneys:                          

Ross E. Alderman, District Public Defender; Richard Tennent, Assistant
Public Defender; C. Dawn Deaner, Assistant Public Defender; and
Jeffrey Devasher, Assistant Public Defender, for the appellant,
Vernica S. Ward.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; Victor S. Johnson III, District
Attorney General; Katrin Miller, Assistant District Attorney General;
and Brian Holmgren, Assistant District Attorney General, for the
appellee, the State of Tennessee.

Judge: WOODALL

First Paragraph:

Defendant, Vernica Shabree Ward, appeals her conviction for second
degree murder following a jury trial in the Davidson County Criminal
Court.  The victim was her daughter Stephanie Ward.  Defendant was
sentenced to twenty-five years in confinement.  In this appeal as of
right, Defendant presents eight issues for our review: (1) whether the
trial court erred by allowing expert testimony by two witnesses based
in part upon the deaths of two other children in addition to the
victim in this case; (2) whether the trial court abused its discretion
by allowing an expert to testify as to Defendant's prior attempts to
seek medical treatment for Stephanie and that Defendant had other
living children; (3) whether the trial court erred by ruling that
testimony regarding the statistical improbability of three unexplained
infant deaths in the custody of the same caregiver would be admissible
by the State as rebuttal proof if Defendant raised the issue of
accident or mistake; (4) whether the trial court erred by allowing Dr.
Case to testify despite the fact that defense counsel was unable to
meet with Dr. Case prior to trial; (5) whether the testimony of the
two medical experts at trial was cumulative; (6) whether the trial
court properly denied Defendant's request for a mistrial based on the
State's closing argument; (7) whether the evidence was sufficient to
convict Defendant of second degree murder; and (8) whether the trial
court properly sentenced Defendant to twenty- five years imprisonment.
 After a careful review of the record, we reverse the judgment of the
trial court and remand for a new trial.

http://www.tba.org/tba_files/TCCA/wardvernicas_opn.wpd

CONCURRING OPINION
http://www.tba.org/tba_files/TCCA/wardvernicas_con.wpd

WELISTER L. WHITE, PRO SE v. STATE OF TENNESSEE 
ORDER

Court:TCCA

Attorneys:                          

Welister L. White, pro se.

Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, Assistant
Attorney General, for the appellee, the State of Tennessee.

Judge: GLENN

First Paragraph:

Defendant, Vernica Shabree Ward, appeals her conviction for second
degree murder following a jury trial in the Davidson County Criminal
Court.  The victim was her daughter Stephanie Ward.  Defendant was
sentenced to twenty-five years in confinement.  In this appeal as of
right, Defendant presents eight issues for our review: (1) whether the
trial court erred by allowing expert testimony by two witnesses based
in part upon the deaths of two other children in addition to the
victim in this case; (2) whether the trial court abused its discretion
by allowing an expert to testify as to Defendant's prior attempts to
seek medical treatment for Stephanie and that Defendant had other
living children; (3) whether the trial court erred by ruling that
testimony regarding the statistical improbability of three unexplained
infant deaths in the custody of the same caregiver would be admissible
by the State as rebuttal proof if Defendant raised the issue of
accident or mistake; (4) whether the trial court erred by allowing Dr.
Case to testify despite the fact that defense counsel was unable to
meet with Dr. Case prior to trial; (5) whether the testimony of the
two medical experts at trial was cumulative; (6) whether the trial
court properly denied Defendant's request for a mistrial based on the
State's closing argument; (7) whether the evidence was sufficient to
convict Defendant of second degree murder; and (8) whether the trial
court properly sentenced Defendant to twenty- five years imprisonment.
 After a careful review of the record, we reverse the judgment of the
trial court and remand for a new trial.

http://www.tba.org/tba_files/TCCA/white_ord.wpd

STATE OF TENNESSEE v. JARVIS WILLIAMS and JOHN WILLIAMS

Court:TCCA

Attorneys:                          

Charles Gilchrist, Jr., Memphis, Tennessee, for the appellant, John
Williams.  Robert Wilson Jones, Memphis, Tennessee, for the appellant,
Jarvis Williams.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Jennifer Nichols, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: WELLES

First Paragraph:

Defendant Jarvis Williams was convicted of seven counts of especially
aggravated kidnapping and four counts of aggravated robbery.  He was
sentenced to an effective term of 360 years in the Department of
Correction for these offenses.  In this direct appeal, he challenges
the length of his sentence.  Co-defendant John Williams was convicted
of five counts of especially aggravated kidnapping and three counts of
aggravated robbery.  He was sentenced to an effective term of 161
years in the Department of Correction for these offenses.  In this
direct appeal, he challenges the sufficiency of the evidence and the
length of his sentence.  We affirm the judgments of the trial court in
all respects.

http://www.tba.org/tba_files/TCCA/williamsj.wpd

STATE OF TENNESSEE v. CHRISTOPHER PAUL WILSON

Court:TCCA

Attorneys:                          

David F. Bautista, District Public Defender, and Deborah Black
Huskins, Assistant District Public Defender, for the appellant,
Christopher Paul Wilson.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Joe C. Crumley, Jr., District Attorney
General; and Steven R. Finney, Assistant District 

Judge: GLENN

First Paragraph:

The defendant, Christopher Paul Wilson, pled guilty to one count of
reckless vehicular homicide, a Class C felony, and three counts of
reckless aggravated assault, Class D felonies.  Pursuant to the plea
agreement, the trial court sentenced him as a Range I, standard
offender to concurrent terms of six years for the reckless vehicular
homicide conviction and two years for each of the reckless aggravated
assault convictions, for an effective sentence of six years.  On
appeal, the defendant argues that the trial court erred in denying
alternative sentencing.  Following our review, we affirm the judgments
of the trial court.

http://www.tba.org/tba_files/TCCA/wilsonchristopherp.wpd

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