Opinion FlashFebruary 13, 2004
Volume 10 Number 030
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.This Issue (IN THIS ORDER):
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Howard H. Vogel
CHARLES BEARD, SR. v. FLORENCE E. BEARD Court:TCA Attorneys: Charles Beard, Sr., pro se Appellant. Erskine P. Mabee, Chattanooga, Tennessee, for the Appellee Florence E. Beard. Judge: SWINEY First Paragraph: Charles Beard, Sr. ("Father") filed a petition seeking to have primary residential custody of the parties' two children transferred from Florence E. Beard ("Mother") to him. In the alternative, Father sought a reduction in his child support payments. After a hearing, the Trial Court refused to change the custody arrangement, again designating Mother the primary residential parent. The Trial Court did not alter Father's child support payments. Father appeals. We affirm. http://www.tba.org/tba_files/TCA/beardcsr.wpd
HONNIE GUNNOE, ET AL. v. GERALD LEE LAMBERT, ET AL. v. L.D. SIMERLY, ET AL. Court:TCA Attorneys: Kathryn J. Dugger-Edwards, Elizabethton, Tennessee, for the Appellants, Honnie Gunnoe and wife, Virginia Ott Gunnoe. Thomas C. Jessee, Johnson City, Tennessee, for the Appellees, L.D. Simerly and wife, Geraldine Simerly. William J. Byrd, Elizabethton, Tennessee, for the Appellees, Gerald Lee Lambert and wife, Janice Lee Lambert. Judge: SWINEY First Paragraph: Honnie Gunnoe and Virginia Ott Gunnoe ("Plaintiffs") sued their neighbors, Gerald Lee Lambert and Janice Lee Lambert ("the Lamberts") and L.D. Simerly and Geraldine Simerly ("the Simerlys") seeking, among other things, to quiet title to a parcel of land. After a bench trial, the Trial Court found, inter alia, that Plaintiffs did not own the land in question. Plaintiffs appeal. We affirm. http://www.tba.org/tba_files/TCA/gunnoehonnie.wpd
STATE OF TENNESSEE v. MICHAEL CHRISTOPHER ABRAMS Court:TCCA Attorneys: Herbert S. Moncier, Knoxville, Tennessee, for the appellant, Michael Christopher Abrams. Paul G. Summers, Attorney General and Reporter; Braden H. Boucek, Assistant Attorney General; Randall E. Nichols, District Attorney General; and C. Leon Franks, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The petitioner appeals the Knox County Criminal Court's summary dismissal of his appeal and petition for writ of certiorari, arguing that he was entitled to a criminal court review of the general sessions court's ruling on his motion to suppress evidence. Because we conclude we lack jurisdiction, we dismiss the appeal. http://www.tba.org/tba_files/TCCA/abramsmichaelc.wpd
STATE OF TENNESSEE v. BOBBY BLAIR Court:TCCA Attorneys: William B. "Jake" Lockert, III, District Public Defender, for the appellant, Bobby Blair. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Dan Mitchum Alsobrooks, District Attorney General; and Lisa Carol Donegan, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: A Humphreys County Circuit Court jury convicted the defendant, Bobby Blair, of manufacturing methamphetamine, a Class B felony, and the trial court sentenced him as a Range I, standard offender to twelve years in the Department of Correction. The defendant appeals, claiming that (1) the evidence is insufficient to support his conviction; (2) the trial court erred by refusing to grant a continuance when the state announced a few days before trial that it was going to call an expert witness to testify; (3) the trial court erred by denying the defendant's motion to suppress and exclude evidence because the defense was not able to examine and test the equipment and chemicals found at the crime scene; (4) the trial court erred by allowing the state's expert to testify that the defendant was not manufacturing methamphetamine for personal use; (5) the trial court erred by failing to instruct the jury on the lesser included offense of simple possession of methamphetamine; and (6) the trial court erred by refusing to instruct the jury on "immediate precursor." We conclude that no error occurred, and we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/blairb.wpd
STATE OF TENNESSEE v. SHARN GREEN Court:TCCA Attorneys: Robert Wilson Jones, District Public Defender, and Timothy J. Albers and Garland I. Ergueden, Assistant Public Defenders, for the appellant, Sharn Green. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; and Eric Christensen, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant was convicted of two counts of theft of property over $10,000 and one count of burglary of a motor vehicle. The defendant contends on appeal that (1) the evidence was insufficient to support the convictions for theft and burglary, and (2) double jeopardy prohibits multiple convictions for the theft of a single vehicle by both "obtaining" and "exercising control." We conclude that the two convictions for theft must be merged into a single conviction in order to avoid double jeopardy. The judgments of the trial court are affirmed in all other respects. We remand for correction of the judgment forms and merger of the theft convictions. http://www.tba.org/tba_files/TCCA/greensharn.wpd
STATE OF TENNESSEE V. JOE R. OSBORNE Court:TCCA Attorneys: Robert H. Hassell, Franklin, Tennessee, for the appellant, Joe R. Osborne. Paul G. Summers, Attorney General & Reporter; P. Robin Dixon, Jr., Assistant Attorney General; and Ron Davis, District Attorney General; and Georgia Felner, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: The appellant, Joe Robert Osborne, was convicted by a jury of one count of Driving Under the Influence (DUI). As a result, he was sentenced to 11 months and 29 days, with probation after service of 48 hours in jail, revocation of his driver's license for one year, mandatory attendance at Alcohol Safety School and assessed a $350 fine. On appeal, he challenges the sufficiency of the evidence and the trial court's failure to instruct the jury on the "missing witness" inference. Because we conclude there was no reversible error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/osborneray.wpd
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