Opinion FlashJuly 2, 2004
Volume 10 Number 127
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
IN THE MATTER OF: THE ESTATE OF ROBERT SAMUEL REED, DECEASED, RICHARD GOSSUM, Administrator C.T.A. JOHN R. REED v. R. S. REED AND SONS, INC. Court:TCA Attorneys: Mark L. Agee, Jason C. Scott, Trenton, TN, for Appellant Richard Gossum, Attorney for Appellee Estate of Robert S. Reed Lewis L. Cobb, Jerry P. Spore, J. Brandon McWherter, Attorneys for Appellee John R. Reed Bill R. Barron, Trenton, TN, for Appellee R. S. Reed & Sons, Inc. Judge: HIGHERS First Paragraph: This case arises from the Estate's suit to recover a debt from defendant Corporation. The parties reached an agreement regarding payment of the debt, and the trial court entered a consent order reflecting the terms of this agreement. Appellant then filed a rule 60.02 motion for relief from the consent order. The lower court denied the motion, finding that Appellant was not a party of record in the suit and, accordingly, had no standing to challenge the judgment. We affirm. http://www.tba.org/tba_files/TCA/reedrobs.wpd
STATE OF TENNESSEE v. CARL E. MUNCEY, a/k/a BOO MUNCEY Court:TCCA Attorneys: Richard A. Spivey and Timothy Reid Wilkerson, Kingsport, Tennessee, for the appellant, Carl E. Muncey, a/k/a Boo Muncey. Paul G. Summers, Attorney General and Reporter; Michelle Chapman McIntire, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Jack Lewis Combs, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: A Sullivan County Criminal Court jury convicted the defendant, Carl E. Muncey, of possession of cocaine, possession of marijuana, and possession of Alprazolam, Class A misdemeanors, and the trial court sentenced him to eleven months, twenty-nine days for each conviction and fined him a total of $2,500. The trial court ordered that the defendant serve his sentences for the possession of cocaine and marijuana convictions consecutively and that all of the convictions be served consecutively to Washington County sentences. The defendant appeals, claiming (1) that the trial court improperly applied enhancement and mitigating factors; (2) that the trial court erred by ordering consecutive sentencing; and (3) that the trial court erred by denying his request for alternative sentences. We conclude that the trial court properly sentenced the defendant relative to the lengths, manner of service, and consecutive nature of the offenses in this case. However, we conclude that the trial court erred in ordering these sentences to be served consecutively to the Washington County sentences, and we remand the case for modification of the judgments by deleting any reference to the Washington County cases. http://www.tba.org/tba_files/TCCA/munceycarle.wpd
STATE OF TENNESSEE v. CALVIN REEVES Court:TCCA Attorneys: William B. Lockert, III, District Public Defender; and Richard D. Taylor, Jr., Assistant Public Defender, for the appellant, Calvin Reeves. Paul G. Summers, Attorney General and Reporter; Michelle Chapman, Assistant Attorney General; Dan Mitchum Alsobrooks, District Attorney General; and Lisa C. Donegan, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Following a revocation hearing, the trial court revoked the probation of Defendant, Calvin Reeves, and ordered him to serve the remainder of his sentence in confinement. Defendant does not appeal the revocation of his probation but argues that the trial court erred in imposing a sentence of confinement instead of an alternative form of sentencing. After a thorough review of the record in this matter, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/reevescalvin.wpd
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