Opinion FlashApril 5, 2004
Volume 10 Number 065
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
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0405.wpd
IN THE MATTER OF THE ESTATE OF JOAN FORSHEA PEARSON, DECEASED Court:TCA Attorneys: William G. Hatton, Bolivar, Tennessee, for the appellant Bonnie White, Executrix for the estate of Joan Forshea Pearson. H. Morris Denton, Bolivar, Tennessee, for the appellee Bonnie Rudd. Judge: KIRBY First Paragraph: This case involves a claim against a decedent's estate. The claimant asserted that the decedent owed her a significant sum of money. The executrix of the estate excepted to the claim. Despite considerable evidence of suspicious surrounding circumstances, the trial court claim was allowed. Since we are unable to determine the basis for the trial court's ruling, we remand for clarification of the record. http://www.tba.org/tba_files/TCA/pearson.wpd
CITY OF SEVIERVILLE v. BILL GREEN, ET AL. Court:TCA Attorneys: Linda J. Hamilton Mowles, Knoxville, Tennessee, for the Appellant, City of Sevierville Robert L. Ogle, Jr., Sevierville, Tennessee, for the Appellees, Bill Green, Claudine Green, Dallas Coffman, and Jean Coffman Judge: GODDARD First Paragraph: This appeal from the Sevier County Circuit Court questions whether the Trial Court erred in awarding landowners compensation for incidental damages to their property because the City of Sevierville changed the frontage access to their property from unlimited access to restricted access. We affirm the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/sevierv.wpd
STATE OF TENNESSEE v. DENNIS JOE PHILLIPS Court:TCCA Attorneys: Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General; and Jan Hicks, Assistant District Attorney General, for the appellant, the State of Tennessee. Nancy Meyer, Assistant Public Defender, for the appellee, Dennis Joe Phillips. Judge: WADE First Paragraph: The defendant, Dennis Joe Phillps, was indicted for driving under the influence, third offense, and violation of the implied consent law. See Tenn. Code Ann. SS 55-10-401, 55-10-406. Finding that the arresting officer did not have specific articulable facts to justify the traffic stop, the trial court granted a defense motion to suppress. In this appeal by the state, the issue presented for review is whether the detention was based upon reasonable suspicion. Because the record demonstrates that the officer had a proper basis for the investigatory stop, the judgment of the trial court is reversed and the cause is remanded for trial. http://www.tba.org/tba_files/TCCA/phillipsdennisj.wpd
STATE OF TENNESSEE v. CLIFFORD ROGERS Court:TCCA Attorneys: Robert Wilson, District Public Defender; and Garland Erg_den, Assistant Public Defender, for the appellant, Clifford Rogers. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and Gerald Harris, Assistant District Attorney, for the appellee, the State of Tennessee. Judge: WOODALL First Paragraph: Following a jury trial, Defendant, Clifford Rogers, was convicted of premeditated first degree murder, felony murder, and aggravated assault. Defendant received an effective sentence of life plus fifteen years for his convictions. In this appeal as of right, Defendant challenges the sufficiency of the convicting evidence and the trial court's order of consecutive sentencing. Because the trial court erroneously entered judgments of convictions for the offenses of premeditated first degree murder and felony murder, rather than merging the two offenses at sentencing, we merge Defendant's conviction for felony murder with his conviction for premeditated murder and remand this case for entry of judgments consistent with this opinion. In all other respects, the judgments of the trial court are affirmed. http://www.tba.org/tba_files/TCCA/rogersc.wpd
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