Opinion FlashApril 19, 2004
Volume 10 Number 075
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_0419.wpd
KENNETH W. MARTIN v. MARTHA MARTIN Court:TCA Attorneys: Clark Lee Shaw, Nashville, Tennessee, for the appellant, Kenneth W. Martin. Bruce N. Oldham, Sue Hynds Dunning, Gallatin, Tennessee, for the appellee, Martha Gambrell Martin. Judge: COTTRELL First Paragraph: After a sixteen-year marriage and two children, Husband and Wife both filed for divorce. Wife stipulated that Husband was entitled to a divorce. After hearing the evidence, the trial court fashioned a parenting plan which named Mother the primary residential parent with visitation for Husband; accepted the parties' stipulation with respect to the marital property; divided the remaining contested marital property; and ordered the parties to pay their own attorney's fees. Husband appeals. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCA/martink.wpd
RONALD STEPHEN SATTERFIELD v. RENATA E. BLUHM, M.D., and OCCUPATIENT MEDICAL SERVICES, P.C. Court:TCA Attorneys: David S. Wigler, Knoxville, Tennessee, for Appellant. Nathan D. Rowell, Knoxville, Tennessee, for Appellees. Judge: FRANKS First Paragraph: Plaintiff's claims for defendants aiding and abetting the State in terminating him and for libel and slander, tortious interference with his employment contract, outrageous conduct, and negligence were dismissed in the Trial Court by summary judgment. Plaintiff has appealed. We affirm the Trial Court's Judgment. http://www.tba.org/tba_files/TCA/satterf.wpd
ANNIE RUTH GILKERSON v. STATE OF TENNESSEE Court:TCCA Attorneys: Douglas L. Payne, Greeneville, Tennessee, for the appellant, Annie Ruth Gilkerson. Paul G. Summers, Attorney General & Reporter; Brent C. Cherry, Assistant Attorney General; and Eric D. Christiansen, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Annie Ruth Gilkerson, appeals from the post-conviction court's dismissal of her petition for post-conviction relief. Because the petition is barred by the statute of limitations, the judgment is affirmed. http://www.tba.org/tba_files/TCCA/gilkersonar.wpd
STATE OF TENNESSEE v. VINCENT JACKSON Court:TCCA Attorneys: Robert L. Parris, Memphis, Tennessee (at post-trial hearing and on appeal); Mike Roberts, Memphis, Tennessee (at post-trial hearing); and Betty Thomas, Assistant Public Defender (at trial), for the appellant, Vincent Jackson. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; William L. Gibbons, District Attorney General; and Daniel R. Woody, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: A jury convicted the defendant of premeditated first degree murder, and the trial court sentenced him to life imprisonment. On appeal, the defendant contends: (1) the trial court erred in denying his motion to suppress his statement to the police; (2) the trial court erred in denying his motion for a new trial due to jury misconduct; and (3) the evidence is insufficient to support his conviction. We reduce the conviction to second degree murder and remand for sentencing. http://www.tba.org/tba_files/TCCA/jacksnv.wpd
STATE OF TENNESSEE v. MARION SHAWN LAUGHRUN Court:TCCA Attorneys: Deborah Black Huskins, Johnson City, Tennessee, for the appellant, Marion Shawn Laughrun. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Joe Crumley, District Attorney General; and Dennis Brooks, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Marion Shawn Laughrun, pled guilty to two counts of theft in the Washington County Criminal Court and received a total effective sentence of two years and one day in the Tennessee Department of Correction. The trial court granted the appellant probation on both of his sentences. While on probation, the appellant pled guilty to attempted robbery and received a sentence of four years incarceration in the Tennessee Department of Correction. As a result of the new conviction, the trial court revoked the appellant's probation on the theft convictions and ordered the original sentences to be served in confinement. Additionally, the court refused to grant the appellant an alternative sentence on the attempted robbery conviction. The appellant appeals both the probation revocation and the denial of alternative sentencing. Upon review of the record and parties' briefs, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/laughrunms.wpd
STATE OF TENNESSEE v. FRED L. MAINES Court:TCCA Attorneys: Julie A. Rice, Knoxville, Tennessee (on appeal), and Michael LaGuardia, Kingsport, Tennessee (at trial), for the appellant, Fred L. Maines. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Teresa Murray-Smith and Robert Montgomery, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Fred L. Maines, was indicted by the Sullivan County Grand Jury for driving under the influence, fourth offense, a Class E felony. The appellant subsequently pled guilty to driving under the influence, first offense, a Class A misdemeanor, with the sentence to be determined by the trial court. Following a hearing, the trial court sentenced the appellant to eleven months and twenty- nine days confinement in the county jail, to be served at seventy-five percent. The trial court also imposed a three hundred fifty dollar ($350) fine and suspended the appellant's driver's license for one year. On appeal, the appellant contends that the trial court erred by ordering the appellant to serve seventy-five percent of his sentence in confinement. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/mainefl.wpd
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