Opinion FlashMarch 19, 2004Volume 10 — Number 054 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 RICHARD JOHN JOLLY v. LYNETTE SUZANNE JOLLY Court:TSC Attorneys: Richard John Jolly, Bethel Springs, Tennessee, Pro Se. Ken Seaton, Selmer, Tennessee, for the appellee, Lynette Suzanne Jolly. Paul G. Summers, Attorney General and Reporter; and Pamela A. Hayden-Wood, Assistant Attorney General, for the intervenor, State of Tennessee. Judge: HOLDER First Paragraph: This appeal arises out of divorce proceedings brought in the District Court of Johnson County, Kansas, and the Chancery Court of McNairy County, Tennessee. In dividing the parties' real property, the chancery court reduced Husband's share by the amount of the child support arrearage and discovery-related sanction assessed by the Kansas court in its decree of divorce. We granted permission to appeal. We conclude that the chancery court erred in enforcing a decree that was not properly registered under the Uniform Interstate Family Support Act. Therefore, the judgment of the Court of Appeals is reversed, and the case is remanded to the chancery court for proceedings consistent with this opinion. http://www.tba.org/tba_files/TSC/jollyrj.wpd LARRY E. PARRISH, ET AL. v. ROBERT S. MARQUIS, ET AL. Court:TSC Attorneys: John J. Mulrooney, Memphis, Tennessee, for the appellants, Larry E. Parrish and Larry E. Parrish, P.C. Frank Q. Vettori, Knoxville, Tennessee, for the appellee, Robert S. Marquis. Deborah C. Stevens and Summer H. Stevens, Knoxville, Tennessee, for the appellee, Ronald C. Koksal. Judge: HOLDER First Paragraph: We granted this appeal to determine whether the one-year statute of limitations for filing a new action under Tennessee Code Annotated section 28-1-105(a) commenced on the date of the appellate court's judgment remanding the cause to the trial court for further proceedings or on the date of the trial court's order of dismissal following the remand. We hold that the statute of limitations commenced on the date of the trial court's order of dismissal and that the plaintiffs' re-filing of their action was therefore timely under the savings statute. Accordingly, we reverse the Court of Appeals' judgment and remand this case to the Court of Appeals for consideration of issues pretermitted by its ruling. http://www.tba.org/tba_files/TSC/parrishle.wpd CINDI CAREY, ET AL. v. DONALD L. MERRITT d/b/a MERRITT RESIDENTIAL AND COMMERCIAL INSPECTIONS Court:TCA Attorneys: Gregory C. Morton, Memphis, TN, for Appellants Richard Glassman, Tameka Turner-Perry, Memphis, TN, for Appellee Judge: HIGHERS First Paragraph: This case involves a suit for the negligent inspection of a home performed by the Defendant. The Plaintiffs signed an exculpatory clause, which released Defendant from any liability. The trial court below granted the Defendant's motion for summary judgment and the Plaintiffs appeal. For the following reasons, we reverse and remand for further proceedings consistent with this opinion. http://www.tba.org/tba_files/TCA/careyc.wpd PAUL G. SUMMERS, in his capacity as ATTORNEY GENERAL AND REPORTER FOR THE STATE OF TENNESSEE v. ESTATE OF JAMES W. FORD, M.D. Court:TCA Attorneys: Kathleen N. Gomes, Memphis; Ruby R. Wharton, Memphis for Appellant, Estate of James W. Ford, M.D., Deceased Paul G. Summers, Attorney General and Reporter; Dennis J. Garvey, Deputy attorney General; Albert L. Partee, III, Senior Counsel; George S. Bell, III and Victor J. Domen, Jr., Assistant Attorneys General, Nashville, For Appellee, Paul G. Summers in his official capacity as Attorney General and Reporter for the State of Tennessee Judge: CRAWFORD First Paragraph: This is an appeal from the order of the probate court on a claim filed against an estate by the Tennessee Attorney General pursuant to the authority granted by the Nonprofit Corporation Act. The probate court denied the claim in part and granted the claim in part by various rulings concerning the existence of a nonprofit public benefit corporation for operation of child daycare centers, the ownership of assets thereof, and continued operation of the centers. The estate appeals and the Attorney General appeals. We affirm in part, reverse in part, and remand with directions. http://www.tba.org/tba_files/TCA/fordj.wpd JAMES WOHLFAHRT, ET AL. v. ARLENE SCAVUZZO Court:TCA Attorneys: John Thomas Feeney, Nashville, Tennessee, for the appellant, CGU Insurance Company. Donald Capparella and Carson W. (Bill) Beck, Nashville, Tennessee, for the appellees, James Wohlfarht and Joni Wohlfahrt. Judge: FARMER First Paragraph: Plaintiffs' insurer appeals award of benefits to Plaintiffs under Plaintiffs' uninsured/underinsured motorist policy. We affirm. http://www.tba.org/tba_files/TCA/wohlfah.wpd STATE OF TENNESSEE v. TAMMY BOYD, TOSHA LOVELL, SANDRA CULPS AND KENNETH CULPS Court:TCCA Attorneys: Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; James G. Woodall, District Attorney General; and Jason C. White, Assistant District Attorney General, for the appellant, State of Tennessee. Nathan B. Pride, Jackson, Tennessee, for the appellee, Tammy Boyd. Joe H. Byrd, Jr., Jackson, Tennessee, for the appellees, Tosha Lovell and Kenneth Culps. Matthew M. Maddox, Huntingdon, Tennessee, for the appellee, Sandra Culps. Judge: WILLIAMS First Paragraph: In this Rule 9 interlocutory appeal, the State appeals the circuit court's ruling that the defendants are entitled to the underlying search warrant affidavit at the general sessions level. We conclude that the defendants are entitled to the affidavit at the preliminary hearing in order to effectively challenge probable cause. The judgments of the circuit court are affirmed. http://www.tba.org/tba_files/TCCA/boydtammy.wpd STATE OF TENNESSEE v. JAMES STACY CARROLL Court:TCCA Attorneys: Benjamin Dempsey, Huntingdon, Tennessee (at trial); Guy T. Wilkinson, District Public Defender; and Billy R. Roe, Jr., Assistant Public Defender (on appeal), for the Appellant, James Stacy Carroll. Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, Assistant Attorney General; G. Robert Radford, District Attorney General; and Eleanor Cahill, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant, James Stacy Carroll, appeals from his Carroll County Circuit Court conviction of driving a vehicle in violation of a motor vehicle habitual offender order. He challenges the sufficiency of the convicting evidence. We hold that the evidence is sufficient to support the conviction and affirm the conviction. http://www.tba.org/tba_files/TCCA/carrollj.wpd ODEAN COOPER v. STATE OF TENNESSEE Court:TCCA Attorneys: Rebecca S. Mills, Ripley, Tennessee, for the appellant, Odean Cooper. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Tracey Anne Brewer, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The petitioner appeals the lower court's denial of his post-conviction relief petition following his guilty plea to possession of less than .5 grams of cocaine with intent to deliver. On appeal, the petitioner contends: (1) he received ineffective assistance of counsel; and (2) he did not knowingly and voluntarily enter his guilty plea. We affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/cooperodean.wpd JAMES HOWARD DAVIS v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Guy T. Wilkinson, District Public Defender; Vicki S. Snyder, Assistant
District Public Defender, Camden, Tennessee, for the Appellant, James
Howard Davis.
Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Kathy D. Aslinger, Assistant Attorney General; G.
Robert Radford, District Attorney General; and Beth Boswell and
Eleanor Cahill, Assistant District Attorneys General, for the
Appellee, State of Tennessee.
Judge: HAYES
First Paragraph:
The Appellant, James Howard Davis, appeals the Benton County Circuit
Court's dismissal of his petition for post-conviction relief. Davis
pled guilty to driving under the influence ("DUI") eighth offense and
violation of the Motor Vehicle Habitual Offenders Act. On appeal, he
asserts that he was denied the effective assistance of counsel.
Finding no error, the judgment of the post-conviction court is
affirmed.
http://www.tba.org/tba_files/TCCA/davisjamesh.wpd
STATE OF TENNESSEE v. THELISA EMERY and MAURICE EMERY Court:TCCA Attorneys: Kyle Atkins, Humboldt, Tennessee, for the Appellant, Thelisa Emery; and Shannon Jones, Alamo, Tennessee, for Appellant, Maurice Emery. Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger, Assistant Attorney General; Garry G. Brown, District Attorney General; and Edward L. Hardister, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendants, Thelisa Emery and Maurice Emery, sister and brother, were each convicted in a joint jury trial of possession with intent to sell .5 grams or more of cocaine, possession of marijuana, and possession of drug paraphernalia. On appeal, Thelisa Emery claims that the convicting evidence is insufficient and that the trial court erred in not severing the defendants' trials, in allowing testimony about Thelisa Emery's use of cocaine, in allowing evidence of her prior sale of cocaine, and in instructing the jury as to her guilt via criminal responsibility for the acts of Maurice Emery. Maurice Emery raised some of the same issues, but because he failed to file a timely motion for new trial, appellate review of his convictions is limited to the sufficiency of the convicting evidence. Discerning no reversible error with respect to either defendant, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/emerythel.wpd QUINCY HENDERSON v. STATE OF TENNESSEE Court:TCCA Attorneys: Larry Copeland, Jr., Memphis, Tennessee; and Paul K. Guibao, Memphis, Tennessee, for the Appellant, Quincy Henderson. Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and Reginald Henderson and Michelle Kimbrill, Assistant District Attorneys General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The petitioner, Quincy Henderson, appeals the Shelby County Criminal Court's dismissal of his post-conviction petition, in which he claimed that his second degree murder conviction was constitutionally infirm because of ineffective assistance of trial counsel. Upon our review of the record, the parties' briefs, and the applicable law, we affirm the denial of post-conviction relief. http://www.tba.org/tba_files/TCCA/henderq.wpd STATE OF TENNESSEE v. MICHAEL W. MAPLES Court:TCCA Attorneys: Julie A. Rice, Knoxville, Tennessee (on appeal); and Mack Garner, District Public Defender (at trial), for the appellant, Michael W. Maples. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Ellen Lee Berez, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: A Blount County Circuit Court jury convicted the defendant, Michael W. Maples, of two counts of especially aggravated kidnapping, a Class A felony. The trial court sentenced him to concurrent twenty-five-year sentences for the two convictions. In this appeal, the defendant claims (1) that the evidence is insufficient to support his convictions and (2) that his sentences are excessive. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/maplesmichaelw.wpd ANTHONY D. MCDANIEL, PRO SE v. BRUCE WESTBROOKS Court:TCCA Attorneys: Anthony D. McDaniel, pro se. Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, III, Assistant Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The Petitioner, Anthony D. McDaniel, 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/mcdanielant.wpd EDDIE HOWARD PITTMAN v. STATE OF TENNESSEE WITH DISSENTING OPINION Court:TCCA Attorneys: J. Mike Mosier, Jackson, Tennessee, for the appellant, Eddie Howard Pittman. Paul G. Summers, Attorney General & Reporter; Brent C. Cherry, Assistant Attorney General; and Alfred L. Earls, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Eddie Howard Pittman, appeals from a judgment denying post-conviction relief. As grounds for a new trial, the petitioner asserts that he was denied the effective assistance of counsel at trial and that there was error in the instructions to the jury. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/pittmane_opn.wpd DISSENTING OPINION http://www.tba.org/tba_files/TCCA/pittmane_dis.wpd RICCO SAINE v. STATE OF TENNESSEE Court:TCCA Attorneys: Jake Erwin, Memphis, Tennessee, for the Appellant, Ricco Saine. Paul G. Summers, Attorney General & Reporter; Brent C. Cherry, Assistant Attorney General; William L. Gibbons, District Attorney General; and Greg Gullily, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Aggrieved that the lower court denied post-conviction relief following an evidentiary hearing, the petitioner, Ricco Saine, appeals and claims that his aggravated burglary conviction resulted from ineffective assistance of counsel and an involuntary guilty plea. We affirm the denial of post-conviction relief. http://www.tba.org/tba_files/TCCA/sainer.wpd STATE OF TENNESSEE v. CHRISTOPHER MICHAEL SCHMIDT Court:TCCA Attorneys: Didi Christie, Brownsville, Tennessee, for appellant, Christopher Michael Schmidt. Paul G. Summers, Attorney General & Reporter; Elizabeth Bingham Marney, Assistant Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: This matter is before the Court upon the State's motion to affirm the judgment of the trial court pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Appellant, Christopher Michael Schmidt, appeals the trial court's denial of a writ of habeas corpus. The only issue for this Court's review is whether the trial court committed error by its order of transfer of the Appellant to the temporary custody of the State of Delaware. Finding no error committed by the trial court, this Court concludes that the judgment of the trial court should be affirmed. http://www.tba.org/tba_files/TCCA/sainer.wpd STATE OF TENNESSEE v. LENZO SHERRON aka SALAAM SHABAZZ Court:TCCA Attorneys: Lenzo Sherron aka Salaam Shabazz, Tiptonville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; and C. Phillip Bivens, District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant was convicted of aggravated robbery, a Class B felony, and sentenced to ten years as a standard offender. The defendant has filed a pro se appeal of right of his conviction, posing the following issues for our review: 1) Whether the evidence was sufficient beyond a reasonable doubt to support the defendant's conviction for aggravated robbery; 2) Whether the State improperly withheld exculpatory and impeachment evidence; and 3) Whether the trial court failed to investigate a conflict of interest before appointing new counsel. After careful review, we affirm the conviction. http://www.tba.org/tba_files/TCCA/sherronlen.wpd STATE OF TENNESSEE v. BILL L. WILLIAMS Court:TCCA Attorneys: Bill L. Williams, pro se, Memphis, Tennessee; and Karen Massey, Assistant Public Defender (elbow counsel), Memphis, Tennessee (at trial); and Robert Wilson Jones, Shelby County Public Defender; and Tony N. Brayton, Assistant Public Defender, Memphis, Tennessee (on appeal), for the appellant, Bill L. Williams. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; William L. Gibbons, District Attorney General; and Emily Campbell, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Following a jury trial, Defendant, Bill L. Williams, was convicted of theft of property over $10,000 in value, a Class C felony. He was sentenced as a Range II multiple offender to serve six years in the Shelby County Workhouse. In his sole issue on appeal, Defendant challenges the sufficiency of the evidence to sustain his conviction. After a thorough review of the record and the briefs of the parties, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/williab.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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