Opinion FlashJanuary 02, 2004Volume 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):
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 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 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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