Opinion FlashMay 28, 2004Volume 10 — Number 104 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 CARLA LYNN DOWNING v. JOSEPH WADE DOWNING Court:TCA Attorneys: David W. Camp of Jackson for Appellant, Joseph Wade Downing Clayton F. Mayo of Jackson for Appellee, Carla Lynn Downing Judge: CRAWFORD First Paragraph: This is an appeal from the trial court's order, which increases Appellant/Father's child support obligation to an amount consistent with the Tennessee Child Support Guidelines. Appellant contends that the trial court erred in failing to consider his extensive visitation with the child in declining to deviate downward from the guidelines. We affirm. http://www.tba.org/tba_files/TCA/downingcarlal.wpd AUTHOR R. TURNER v. STATE OF TENNESSEE Court:TCA Attorneys: Author R. Turner, Henning, TN, pro se Paul G. Summers, Attorney General & Reporter, Michael E. Moore, Solicitor General, Michael B. Schwegler, Nashville, TN, for Appellee Judge: HIGHERS First Paragraph: This case involves a claim for negligence brought by Appellant, an inmate in the custody of the Tennessee Department of Correction. Appellant filed a claim with the Tennessee Division of Claims Administration, which was subsequently transferred to the Tennessee Claims Commission. The Commission determined the claim was time barred, and Appellant appealed this decision to this Court. We reverse and remand for further proceedings. http://www.tba.org/tba_files/TCA/turnerauthorr.wpd SEDLEY ALLEY v. STATE OF TENNESSEE Court:TCCA Attorneys: Donald E. Dawson, Nashville, Tennessee for the appellant, Sedley Alley. Paul G. Summers, Attorney General and Reporter; Jennifer L. Smith, Assistant Attorney General, for the appellee, State of Tennessee. Judge: HAYES First Paragraph: In 1985, Petitioner, Sedley Alley, was convicted of the crimes of aggravated rape, kidnapping, and first degree murder. The jury fixed his punishment at death for first degree murder and the trial court imposed consecutive forty-year sentences for kidnapping and aggravated rape. Petitioner Alley filed a petition to compel testing of evidence under the Post-Conviction DNA Analysis Act of 2001. The post-conviction court denied the petition, and Petitioner Alley timely appealed. This Court expedited review of this matter. Upon review of the record and the responses by both parties, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/alleysedley.wpd STATE OF TENNESSEE v. RONALD KILLEBREW Court:TCCA Attorneys: Robert Wilson Jones, Public Defender; Tony N. Brayton, Assistant Public Defender (on appeal); Mary K. Kent, Assistant Public Defender (at trial), Memphis, Tennessee, for the Appellant, Ronald Killebrew. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Elizabeth T. Ryan, Senior Counsel, William L. Gibbons, District Attorney General; and Stephen Jones, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Ronald Killebrew, was convicted of being a felon in possession of a handgun, a class E felony, following a jury trial. The trial court sentenced Killebrew, as a Range II multiple offender, to three years and six months in the Shelby County Workhouse. On appeal, Killebrew raises the single issue of whether the evidence was sufficient to support the verdict. After review of the record, we affirm the conviction. http://www.tba.org/tba_files/TCCA/killebrewronald.wpd STATE OF TENNESSEE v. TIMERELL NELSON Court:TCCA Attorneys: Robert Wilson Jones, Public Defender; Garland Ergueden, Assistant Public Defender (on appeal); Greg Carman and Cliff Abeles, Assistant Public Defenders (at trial), Memphis, Tennessee, for the Appellant, Timerell Nelson. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Elizabeth B. Marney, Assistant Attorney General; William L. Gibbons, District Attorney General; and Tom Hoover and Andre Thomas, Assistant District Attorneys General, for the Appellee, State of Tennessee Judge: HAYES First Paragraph: The Appellant, Timerell Nelson, appeals the verdict of a Shelby County jury finding him guilty of first degree felony murder. On appeal, Nelson raises the single issue of whether the evidence is sufficient to support his conviction. After review, we find the evidence to be more than sufficient. Accordingly, the judgment of conviction is affirmed. http://www.tba.org/tba_files/TCCA/nelsontimerell.wpd STATE OF TENNESSEE v. DARRELL SANDERLIN Court:TCCA Attorneys: David M. Livingston, Brownsville, Tennessee, (on appeal); and David Camp, Jackson, Tennessee, (at trial), for the Appellant, Darrell Sanderlin. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; J. Ross Dyer, Assistant Attorney General; Garry Brown, District Attorney General; and Larry Hardister and Elaine Todd, Assistant District Attorneys General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Darrell Sanderlin, appeals from the sentencing decision of the Haywood County Circuit Court. Sanderlin pled guilty to one count of child abuse of his six-year-old son, a class D felony. Pursuant to a negotiated plea agreement, he was sentenced as a Range I, standard offender, with the length and manner of service to be determined by the trial court. Following a sentencing hearing, the trial court imposed a sentence of four years incarceration. On appeal, Sanderlin argues that the trial court erred by ordering a sentence of total confinement rather than a less restrictive alternative. After review, the sentencing decision is affirmed. http://www.tba.org/tba_files/TCCA/sanderlindarrell.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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