Opinion FlashMarch 4, 2004
Volume 10 Number 043
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
BARBARA JEAN CAIN v. CHARLES CURTIS CAIN Court:TCA Attorneys: David W. Camp, Jackson, Tennessee, for the appellant, Charles Curtis Cain. Charles A. Spitzer, Jackson, Tennessee, for the appellee, Barbara Jean Cain. Judge: FARMER First Paragraph: Wife filed for divorce alleging Husband was guilty of inappropriate marital conduct. Trial court granted Wife an absolute divorce, ordered a martial property distribution, and awarded wife alimony and attorney's fees. Husband appeals. We affirm the distribution of marital property, modify the award of attorney's fees, vacate the requirement to provide life insurance and remand. http://www.tba.org/tba_files/TCA/cainbj.wpd
C. B. RAGLAND COMPANY v. MAXWELL ROOFING AND SHEET METAL, INC. Court:TCA Attorneys: Thomas C. Corts, Julie Bhattacharya Peak, Nashville, TN, for Appellant James B. Johnson, Nashville, TN, for Appellee Judge: HIGHERS First Paragraph: This case arises out of a breach of contract by the Defendant for a roof Defendant installed on Plaintiff's freezer storage facility. The case was tried before a jury, who found the Defendant had materially breached the contract between the parties and awarded Plaintiff damages in the amount of $5,655.00. Subsequently, Plaintiff filed a motion to alter or amend the judgment or, in the alternative, a motion for additur or new trial. The trial court denied the motion to alter or amend the judgment but suggested an additur increasing the award to $30,655.00, which Defendant appealed. For the following reasons, we affirm the decision of the trial court. http://www.tba.org/tba_files/TCA/cbraglandco.wpd
STATE OF TENNESSEE v. LATASHA AKINS Court:TCCA Attorneys: Thomas H. Strawn, Dyersburg, Tennessee, for the appellant, Latasha Akins. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; C. Phillip Bivens, District Attorney General; and Karen W. Burns, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant, Latasha Atkins, appeals her jury conviction for possession of cocaine with intent to sell, contending the evidence is insufficient to support her conviction. We disagree and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/atkinsl.wpd
STATE OF TENNESSEE v. TRAVIS PARSON WITH DISSENTING OPINION Court:TCCA Attorneys: Robert Wilson, Shelby County Public Defender (of counsel); Garland Erguden, Assistant Public Defender (on appeal); Teresa Jones, Assistant Public Defender (at trial); and Anne Tipton, Memphis, Tennessee (at trial), for the appellant, Travis Parson. Paul G. Summers, Attorney General & Reporter; Braden H. Boucek, Assistant Attorney General; and Scott Bearup and Patience Branham, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Travis Parson, and co-defendant Marcus Johnson were initially indicted for two counts of especially aggravated robbery, premeditated murder, and felony murder. The defendant was convicted of two counts of especially aggravated robbery and one count of criminally negligent homicide. The trial court imposed consecutive sentences of twenty years for each of the robbery convictions and a concurrent sentence of two years for the homicide conviction, an effective sentence of forty years. In this appeal of right, the defendant asserts that the sentences are excessive and that the trial court erred by ordering consecutive sentencing. Because the defendant's dual convictions for especially aggravated robbery violate the principles of double jeopardy, only one of the convictions is affirmed. The other is modified to aggravated assault. Because the record does not support consecutive sentencing, the sentences are ordered to be served concurrently. The aggravated assault conviction is remanded to the trial court for sentencing. The remainder of the judgments of the trial court are affirmed. http://www.tba.org/tba_files/TCCA/parsontravis_opn.wpd DISSENTING OPINION http://www.tba.org/tba_files/TCCA/parsontravis_dis.wpd
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