Opinion FlashMay 11, 2004Volume 10 — Number 091 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 STANLEY DESGRANGES DBA STANLEY'S EXCAVATING v. GORDON L. MEYER, ET AL. Court:TCA Attorneys: W. Turner Boone, Knoxville, Tennessee, for the appellant, Stanley Desgranges dba Stanley's Excavating. J. Ford Little and Stephanie K. Hunt, Knoxville, Tennessee, for the appellees, Gordon L. Meyer and Karen Renee Meyer. Judge: SUSANO First Paragraph: The primary and dispositive issue before us is one of first impression in Tennessee. We are asked to decide whether false statements made in a notice of lien duly served on the property owners, properly filed for recordation, and thereafter followed by the timely filing of a suit to enforce the lien, all pursuant to the provisions of Tenn. Code Ann. S 66-11-101, et seq., are absolutely privileged. We hold that, in such a case, the statements in the lien are made in the course of a judicial proceeding, are absolutely privileged, and, hence, cannot form the basis for a suit for damages on a libel of title theory. We reverse the judgment of the trial court holding to the contrary and dismiss the original defendants' counterclaim seeking damages for libel of title. http://www.tba.org/tba_files/TCA/desgrangess.wpd SAMUEL CURRY, PRO SE v. STATE OF TENNESSEE Court:TCCA Attorneys: Samuel Curry, pro se. Paul G. Summers, Attorney General & Reporter; Kathy Denise Aslinger, Assistant Attorney General, for the appellee, State of Tennessee. Judge: RILEY 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 Petitioner, Samuel Curry, appeals the trial court's denial of his application for writ of error coram nobis, application for the writ of habeas corpus, and motion to reopen his post-conviction petition. Finding that the instant petition is not proper as either a motion for writ of error coram nobis, application for writ of habeas corpus relief, or petition to reopen a post-conviction petition, we affirm the dismissal of the trial court. http://www.tba.org/tba_files/TCCA/currysamuel.wpd STATE OF TENNESSEE v. STANLEY RAY DAVIS IN RE: RAY D. DRIVER d/b/a DRIVER BAIL BONDS Court:TCCA Attorneys: Joel H. Moseley, Sr., Nashville, Tennessee, for the appellant, Ray D. Driver d/b/a Driver Bail Bonds. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; William Paul Phillips, District Attorney General; and Michael O. Ripley, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: Ray D. Driver appeals the Campbell County Criminal Court's judgment requiring his bail bonding company, Driver Bail Bonds, to pay $570.50 as a bond forfeiture because Stanley Ray Davis failed to appear at a general sessions court probation hearing. The appellant contends that T.C.A. S 40-11- 138(b) relieved his company from liability under the bond because the defendant already had pled guilty and been sentenced. He also claims that his company is not liable for the defendant's fine and costs because his company did not assume such obligations in the defendant's bond. We hold that appellant remained obligated under the bond and that the trial court did not require him to pay the defendant's fine and costs. The trial court is affirmed. http://www.tba.org/tba_files/TCCA/davisstanleyray.wpd EDDIE WAYNE GORDON v. STATE OF TENNESSEE Court:TCCA Attorneys: Eddie Wayne Gordon, pro se, Henning, Tennessee. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III, Assistant Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Eddie Wayne Gordon, appeals the Gibson County Circuit Court's denial of his petition for post-conviction relief. In 1983, Gordon pled guilty to first degree murder and was sentenced to life imprisonment. In 1984, Gordon, proceeding pro se, filed the instant petition for post-conviction relief. For twenty years, Gordon has unsuccessfully sought an evidentiary hearing on his petition. Fundamental fairness dictates that Gordon receive the process that is due him. Accordingly, the judgment of the trial court is reversed, and this matter is again remanded to the Gibson County Circuit Court for an evidentiary hearing upon Gordon's petition for post-conviction relief. http://www.tba.org/tba_files/TCCA/gordoneddiewayne.wpd QUINCY L. LOVE v. STATE OF TENNESSEE Court:TCCA Attorneys: Robert B. Gaia, Memphis, Tennessee, for the Appellant, Quincy L. Love. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Michael Markham, Assistant Attorney General; William L. Gibbons, District Attorney General; and Thomas P. Hoover, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Quincy L. Love, appeals the Shelby County Criminal Court's denial of his petition for post-conviction relief. On appeal, Love raises the single issue of whether he was denied the effective assistance of counsel by trial counsel's failure to properly advise him of his right not to testify or to properly prepare him to give testimony. After review of the record, we find no error and affirm the denial of the petition. http://www.tba.org/tba_files/TCCA/lovequincyl.wpd PATRICK D. PARIS v. STATE OF TENNESSEE Court:TCCA Attorneys: Wadrick A. Hinton, Chattanooga, Tennessee, for the appellant, Patrick D. Paris. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William H. Cox, III, District Attorney General; and Benjamin T. Boyer, Sr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The petitioner, Patrick D. Paris, appeals the denial of his post-conviction relief petition relating to his convictions for attempted first degree murder and especially aggravated robbery. On appeal, the petitioner contends: (1) he received ineffective assistance of counsel at trial; and (2) the trial court erred in failing to charge attempted voluntary manslaughter as a lesser-included offense of attempted first degree murder. We affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/parispatrick.wpd STATE OF TENNESSEE v. JAMA ELAINE PENLEY Court:TCCA Attorneys: Francis X. Santore, Sr., and Francis X. Santore, Jr., Greeneville, Tennessee, for the appellant, Jama Elaine Penley. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; C. Berkeley Bell, District Attorney General; and Eric Christiansen and Cecil Mills, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Jama Elaine Penley, was convicted by a Greene County jury of facilitation of first degree premeditated murder, a Class A felony. Following a sentencing hearing, the trial court sentenced the appellant as a Range I standard offender to twenty-five years in the Tennessee Department of Correction. On appeal, the appellant challenges the denial of her motion for judgment of acquittal and the sentence imposed by the trial court. Upon review of the record and the parties' briefs, we remand to correct a clerical error in the judgment but otherwise affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/penleyje.wpd HENRY RANKINS v. STATE OF TENNESSEE Court:TCCA Attorneys: Henry Rankins, pro se. Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, Assistant Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The Petitioner, Henry Rankins, filed a petition for post-conviction relief based on the Post- Conviction DNA Analysis Act. The trial court denied relief and Petitioner now seeks review of the lower court's decision. 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. After review, we conclude that the petition fails to satisfy the criteria of the Post-Conviction DNA Analysis Act. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/rankinshenry.wpd TIMOTHY EARL WATERS, PRO SE v. STATE OF TENNESSEE Court:TCCA Attorneys: Timothy Earl Waters, pro se. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III, Assistant Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The Petitioner, Timothy Earl Waters, appeals the trial court's summary dismissal of his petition for common law writ of certiorari seeking relief from a post-conviction judgment. 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. Finding that the lower court properly dismissed the petition, the State's motion is granted and the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/waterstimothy.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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