Opinion FlashMarch 9, 2004Volume 10 — Number 046 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 JAMES ROY SMITH, JR. v. MARY ELIZABETH SMITH AND AIR DRAULICS ENGINEERING COMPANY, INC., GARNISHEE Court:TCA Attorneys: Howard B. Hayden, Memphis, Tennessee, for the appellant, Air Draulics Engineering Company, Inc. Valerie Corder, Memphis, Tennessee, for the appellee, James Roy Smith, Jr. Terese B. Deboo, Guardian Ad Litem, Memphis, Tennessee, appellee, pro se. Judge: KIRBY First Paragraph: This is a garnishment case. In the underlying child custody proceedings, the father obtained primary custody of the parties' minor child, and the mother was ordered to pay child support. The father and the child's guardian ad litem subsequently obtained judgments against the mother for child support, attorney's fees, and guardian ad litem fees. To collect on the judgments, the father and the guardian ad litem filed four garnishments against the mother's wages. After the fourth garnishment was filed, the garnishee failed to answer. A hearing was set to determine whether a conditional judgment should be against the garnishee for the entire debt. On the eve of the hearing, the garnishee filed an answer to the garnishment, admitting liability. Nevertheless, the trial court entered a conditional judgment against the garnishee for the entire amount of the mother's debt. After a subsequent scire facias hearing, the trial court made the conditional judgment a final judgment for the entire amount of the debt. The garnishee now appeals. We reverse, concluding that, because the garnishee filed an answer, albeit untimely, the trial court was without authority to enter a conditional judgment against the garnishee. http://www.tba.org/tba_files/TCA/smithjr.wpd STATE OF TENNESSEE v. ROBERT ALLEN CRAWFORD Court:TCCA Attorneys: A. Scott Pratt, Johnson City, Tennessee, for the appellant, Robert A. Crawford. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Joe C. Crumley, Jr., District Attorney General; and Steven R. Finney, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant was convicted by a Washington County Criminal Court jury of first degree felony murder in the perpetration of an aggravated burglary; criminally negligent homicide, a Class E felony; aggravated burglary, a Class C felony; aggravated assault, a Class C felony; and reckless endangerment, a Class E felony. The trial court merged the conviction for criminally negligent homicide with the conviction for first degree murder, and the defendant received concurrent sentences of life for the first degree murder conviction, four years for the aggravated burglary conviction, three years for the aggravated assault conviction, and one year for the reckless endangerment conviction. He raises two interrelated issues on appeal: whether the evidence was sufficient to support his felony murder conviction and whether the aggravated burglary count of the indictment was fatally defective for failing to name a victim for the underlying intended assault, thereby invalidating his convictions for aggravated burglary and first degree murder. Following our review, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/crawfordroberta.wpd TRACY LYNNETTE GLENN v. STATE OF TENNESSEE Court:TCCA Attorneys: Tom W. Crider, District Public Defender; and Periann S. Houghton, Assistant District Public Defender, for the appellant, Tracy Lynnette Glenn. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; and John C. Zimmerman, District Attorney General Pro Tem, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The petitioner originally entered an open guilty plea to aggravated robbery and child neglect and received concurrent sentences of eight years and eleven months and twenty-nine days, respectively, to be served in incarceration. She timely sought post-conviction relief, which was denied. In this appeal, the petitioner asserts defense counsel was ineffective and, thus, her guilty plea resulted from defense counsel's ineffectiveness. We affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/glennt.wpd DEXTER P. JONES v. STATE OF TENNESSEE Court:TCCA Attorneys: Jack D. Lowery, Lebanon, Tennessee, for the appellant, Dexter P. Jones. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; and Robert N. Hibbett, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The petitioner, Dexter P. Jones, appeals from the Wilson County Criminal Court's denial of post-conviction relief from his four convictions for assault, a Class A misdemeanor, and resulting consecutive eleven-month, twenty-nine-day sentences. He contends that his guilty pleas were not knowingly, voluntarily, and intelligently made because the trial court did not advise him that he was waiving a double jeopardy claim. We affirm the trial court's denial of the petition. http://www.tba.org/tba_files/TCCA/jonesdp.wpd WILLIAM ROMERO PADILLA v. STATE OF TENNESSEE Court:TCCA Attorneys: Harold R. Gunn, Humboldt, Tennessee, for the appellant, William Romero Padilla. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Garry G. Brown, District Attorney General; and Elaine Gwinn Todd, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The petitioner, William Romero Padilla, was convicted in the Haywood County Circuit Court of rape of a child and was sentenced to twenty-five years incarceration in the Tennessee Department of Correction. Subsequently, he filed for post-conviction relief, alleging that counsel was ineffective and that "fundamental fairness" dictated that a different prosecutor should have represented the State at trial. After an evidentiary hearing, the post-conviction court dismissed the petition, and the petitioner appealed. Upon our review of the record and the parties' briefs, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/padillawr.wpd STATE OF TENNESSEE v. JARED SINGLETON Court:TCCA Attorneys: Quenton Scott Horton, McMinnville, Tennessee, for the appellant, Jared Singleton. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; and Larry Bryant, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, William Romero Padilla, was convicted in the Haywood County Circuit Court of rape of a child and was sentenced to twenty-five years incarceration in the Tennessee Department of Correction. Subsequently, he filed for post-conviction relief, alleging that counsel was ineffective and that "fundamental fairness" dictated that a different prosecutor should have represented the State at trial. After an evidentiary hearing, the post-conviction court dismissed the petition, and the petitioner appealed. Upon our review of the record and the parties' briefs, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/singletonj.wpd STATE OF TENNESSEE v. WILLIAM HERBERT STITTS Court:TCCA Attorneys: Clifford K. McGown, Jr., Waverly, Tennessee (on appeal); George Morton Googe, District Public Defender (at trial and on appeal); and Vanessa D. King, Assistant District Public Defender (at trial), for the appellant, William Herbert Stitts. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; James G. Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, William Herbert Stitts, was convicted by a jury in the Madison County Circuit Court of two counts of robbery, Class C felonies. Following a sentencing hearing, the trial court sentenced the appellant on each count as a Range II multiple offender to ten years incarceration in the Tennessee Department of Correction, to be served consecutively to one another and consecutively to sentences for previous, unrelated convictions. On appeal, the appellant asserts that (1) the evidence was insufficient to sustain his conviction of robbery as charged in count one of the indictment, and (2) the sentence imposed by the trial court was excessive. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/stittsw.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! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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