Opinion FlashApril 2, 2004
Volume 10 Number 064
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
JENNIFER LYNN WOLERY BRANHAM v. JEFFERY WAYNE BRANHAM Court:TCA Attorneys: Denise Terry Stapleton, Morristown, Tennessee, for Appellant. Jack W. Bowers and Jama L. McMurray, Knoxville, Tennessee, for Appellee. Judge: FRANKS First Paragraph: Mother petitioned the Court to relocate to Kentucky with the parties child, which the Trial Court granted. On appeal, we affirm. http://www.tba.org/tba_files/TCA/branham.wpd
TIFFANY REED v. CHRISTOPHER KIDD Court:TCA Attorneys: Carrie Kersh Gasaway, Clarksville, Tennessee, for the appellant, Christopher Kidd. Christine Zellar Church, Clarksville, Tennessee, for the appellee, Tiffany Reed. Judge: CAIN First Paragraph: This custody case involves two parents who have never been married and have not been involved in any prior custody determination regarding the child at issue. Father had never seen the child prior to filing this custody action and had not spoken with Mother since the child's birth in 1992. He was served with a paternity action in November 2001 and adjudicated to be the child's father. On June 4, 2002, he filed this custody action. The trial court determined that custody should remain with Mother and adopted a parenting plan offered by Mother. Father appealed. We affirm the trial court's determination. http://www.tba.org/tba_files/TCA/reedtiffany.wpd
STATE OF TENNESSEE v. MICHAEL W. GIBSON Court:TCCA Attorneys: Charles D. Buckholts (on appeal) and Michael Ritter (at trial), Oak Ridge, Tennessee, for the appellant, Michael W. Gibson. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; James N. Ramsey, District Attorney General; and Janice G. Hicks, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant was convicted of assault, a Class A misdemeanor, for punching a police officer and was sentenced to eleven months, twenty-nine days, with sixty days to serve before applying for probation. He raises seven issues on appeal: (1) whether the trial court erred in admitting a tape recording of the officer's call to dispatch; (2) whether the trial court erred in failing to instruct the jury to disregard the dispatcher's testimony; (3) whether the trial court erred in denying the defendant's motion for a mistrial based on the officer's testimony about her recognition of the defendant; (4) whether the trial court erred in denying the defendant's request to publish a second officer's supplemental report to the jury; (5) whether the trial court erred in allowing defense witnesses to be impeached with evidence of other crimes; (6) whether trial counsel provided ineffective assistance by withdrawing his request to cross-examine police officers regarding prior complaints against them of excessive force; and (7) whether the evidence was sufficient to sustain the defendant's conviction. We find no reversible error in the trial court's evidentiary rulings and conclude that the defendant failed to meet his burden of demonstrating ineffective assistance of counsel. We further conclude there was ample evidence to sustain the defendant's conviction for assault. Accordingly, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/gibsonmichaelw.wpd
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