Opinion Flash

July 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):
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
01 New Opinion(s) from the Tennessee Court of Appeals
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


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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