Opinion FlashMay 26, 2004Volume 10 — Number 102 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 *CORRECTED LINK* CHRIS BIRDWELL and wife, VIRGINIA BIRDWELL, v. DAVID PSIMER and PATTY S. PSIMER Court:TCA Attorneys: Raymond C. Conkin, Jr., Kingsport, Tennessee, for Appellants. Rick J. Bearfield and Jason W. Blackburn, Johnson City, Tennessee, for Appellee. Judge: FRANKS First Paragraph: Action for Judgment on loan was defended on grounds defendant sold note to plaintiffs. The Trial Court held agreements violated statute of frauds and plaintiff failed to prove loan. On appeal, we reverse. *CORRECTED LINK* http://www.tba.org/tba_files/TCA/birdwellc.wpd STATE OF TENNESSEE v. JARRET A. GUY CORRECTED OPINION WITH ORDER Court:TCCA Attorneys: John G. Oliva, Nashville, Tennessee, for the appellant, Jarret A. Guy. Paul G. Summers, Attorney General & Reporter; Helena Walton Yarbrough, Assistant Attorney General; and Dan Hamm and Katrin Miller, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Jarret A. Guy, was convicted of facilitation of first degree premeditated murder, felony murder, and robbery. The trial court merged the facilitation of premeditated first degree murder conviction into the conviction for felony murder and, after finding the existence of five aggravating circumstances, the jury imposed a sentence of life without the possibility of parole. The trial court imposed a concurrent sentence of fifteen years for the robbery conviction. In this appeal, the defendant asserts that (1) the evidence is insufficient to support his convictions; (2) the trial court included erroneous definitions of "knowing" and "intentional" in its instructions to the jury; (3) the trial court erred by severing his trial from that of his co-defendant, Jacob Edward Campbell; (4) the sentence is excessive; and (5) the cumulative effect of the errors at trial require reversal. The judgments of the trial court are affirmed. CORRECTED OPINION http://www.tba.org/tba_files/TCCA/guyjarreta_opn.wpd ORDER http://www.tba.org/tba_files/TCCA/guyjarreta_ord.wpd STATE OF TENNESSEE v. BRIAN KEITH JACKSON Court:TCCA Attorneys: Mike A. Little, Chattanooga, Tennessee, for the appellant, Brian Keith Jackson. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Bill Cox, District Attorney General; and Mary Sullivan Moore, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Brian Keith Jackson, was found guilty by a jury of second degree murder. In this direct appeal, he argues (1) that the trial court erred by refusing to play a pornographic video tape for the jury after it was admitted into evidence, and (2) that the evidence is legally insufficient to sustain his conviction. Although the trial court did err by not playing the video in front of the jury, the error was harmless. Furthermore, because the evidence is sufficient to sustain the Defendant's conviction, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/jacksonbk.wpd STATE OF TENNESSEE v. HERBERT RUSSELL JOHNSON, Alias Court:TCCA Attorneys: Mark E. Stephens, District Public Defender, and Jamie Niland, Assistant Public Defender, for the appellant, Herbert Russell Johnson. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Patricia Cristil, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant, Herbert Russell Johnson, appeals the revocation of his probation, arguing that the trial court erred in failing to consider further alternatives to incarceration before revoking his probation and ordering the reinstatement of his original sentence. Because the record reveals there was substantial evidence in support of the trial court's decision, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/johnsonherbertr.wpd MARCUS W. KEENER v. STATE OF TENNESSEE Court:TCCA Attorneys: Gregory D. Smith, Clarksville, Tennessee, for the appellant, Marcus W. Keener. Paul G. Summers, Attorney General and Reporter; Richard H. Dunavant, Assistant Attorney General; and Mike Bottoms, District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Marcus W. Keener, petitioned for post-conviction relief from his jury-trial conviction of second degree murder, alleging ineffective assistance of counsel. The trial court denied relief after an evidentiary hearing. The Defendant now appeals. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/keenermw.wpd STATE OF TENNESSEE v. DANNY AVERY STEWART and DOROTHY ANN STEWART Court:TCCA Attorneys: Cynthia M. Fort, Nashville, Tennessee, for the appellant, Danny Avery Stewart. Barry R. Tidwell, Nashville, Tennessee, for the appellant, Dorothy Ann Stewart. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Jon P. Seaborg, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendants, Danny Avery Stewart and Dorothy Ann Stewart, pled guilty to numerous drug charges and received effective sentences of thirty-one years and forty-two years, respectively. Their only contention on appeal is that their sentences are excessive because the trial court erred in the application of several enhancement factors. We conclude that the defendants have failed to show that the trial court erred in sentencing. The judgments of the trial court are affirmed. http://www.tba.org/tba_files/TCCA/stewartdannya.wpd STATE OF TENNESSEE v. DANIEL WADE WILSON Court:TCCA Attorneys: A.D. Jones, Jr., Bristol, Tennessee, for the appellant, Daniel Wade Wilson. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Barry P. Staubus, Deputy District Attorney General, and Joseph Eugene Perrin, Assistant District Attorney General, for the appellee, State of Tennessee Judge: TIPTON First Paragraph: The defendant, Daniel Wade Wilson, appeals as of right from his convictions by a jury in the Sullivan County Criminal Court for first degree felony murder and especially aggravated robbery, a Class A felony. The trial court sentenced the defendant to consecutive sentences of life in prison for the first degree felony murder conviction and twenty-three years for the especially aggravated robbery conviction. He contends that the evidence is insufficient to convict him of felony murder or especially aggravated robbery and that the trial court erred by ordering consecutive sentences. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/wilsondanielwade.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! 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