Opinion FlashJuly 26, 2004Volume 10 — Number 142 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 ALLEN G. BRADLEY v. JOHN ELDER Court:TCA Attorneys: Allen Bradley, Nashville, Tennessee, pro se Appellant William Barry Wood, Nashville, Tennessee for the Appellee Judge: SWINEY First Paragraph: Allen G. Bradley ("Appellant") sued John Elder ("Appellee") on a "Complaint for Judgment and Compensation for Breach of Contract" in the Chancery Court of Davidson County. Prior to Bradley's filing this suit, Elder had sued Bradley in the Davidson County General Sessions Court seeking to evict Bradley from the premises leased by Elder to Bradley. Elder was successful in the General Sessions Court suit. Bradley appealed that decision to the Davidson County Circuit Court. Elder amended his claim and was successful in the Circuit Court suit. The Chancery Court then granted Elder's Motion to Dismiss this suit on the grounds of res judicata and collateral estoppel. Bradley appeals. We affirm. http://www.tba.org/tba_files/TCA/bradleya881.wpd JOHN ELDER v. ALLEN G. BRADLEY
Court:TCA
Attorneys:
Allen G. Bradley, pro se Appellant
William Barry Wood, Nashville, Tennessee for Appellee
Judge: SWINEY
First Paragraph:
John Elder ("Appellee") filed a detainer warrant in the Davidson
County General Sessions Court seeking to evict Allen G. Bradley
("Appellant") from real property leased by Elder to Bradley. The
General Sessions Court awarded possession of the premises to Elder.
Bradley appealed the decision of the General Sessions Court to
Davidson County Circuit Court. Elder amended his original action so
as to seek both possession of the premises and damages. The Circuit
Court awarded judgment to Elder for possession of the premises and
$11,100 in damages. Bradley appeals. We affirm.
http://www.tba.org/tba_files/TCA/elderjohn631.wpd
JAMES R. MORRISSETT, JR. v. ROBBIE CLAIRE McKEE MORRISSETT Court:TCA Attorneys: Teresa McCaig Marshall, Paris, Tennessee, for the appellant, James R. Morrissett, Jr. Robbie Claire McKee Morrissett, appellee, pro se. Judge: KIRBY First Paragraph: This is a divorce case. The parties were married in 1972. In 2001, the husband filed for divorce based on inappropriate marital conduct and irreconcilable differences, and the wife counterclaimed for divorce on the basis of inappropriate marital conduct. After the March 2002 trial, some of the parties' main assets were sold in foreclosure. In October 2002, the trial court granted a divorce to the wife on the grounds that the husband had committed adultery. The divorce decree resolved all of the property issues between the parties. The trial court also found implicitly that the wife could not be rehabilitated, based on a letter from the wife's physician, and awarded alimony in futuro. Two weeks later, the husband filed a motion for reconsideration, based in part on the interim sale of some of the parties' assets and the husband's consequent inability to fulfill his obligations under the decree. In April 2003, the trial court denied the husband's motion to reconsider. From that order, the husband now appeals and challenges many of the trial court's rulings. We affirm the trial court's division of the marital property and its allocation of the marital debts. We find, however, that the letter from the physician was inadmissible hearsay, and consequently reverse the trial court's award of alimony in futuro and remand for an award of rehabilitative alimony and for other proceedings. http://www.tba.org/tba_files/TCA/morrissetjamesr.wpd TIMOTHY R. BOWLES v. STATE OF TENNESSEE Court:TCCA Attorneys: Tammy D. Wendt, Nashville, Tennessee, for the appellant, Timothy R. Bowles. Paul G. Summers, Attorney General & Reporter; Helena Walton Yarbrough, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Dan Hamm, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: Following a jury trial, the petitioner was convicted on June 18, 1997 for especially aggravated burglary, aggravated rape, robbery, aggravated burglary and attempted rape. After a direct appeal to this Court, his robbery conviction was reversed. The Tennessee Supreme Court affirmed this decision. The petitioner then filed a Petition for Post-Conviction Relief based upon allegations of ineffective assistance of counsel with respect to his remaining convictions. The trial court denied this petition. The petitioner now appeals the trial court's decision. We affirm the trial court. http://www.tba.org/tba_files/TCCA/bowlestimothy.wpd MARCUS BROOKS v. STATE OF TENNESSEE Court:TCCA Attorneys: J. Colin Morris, Jackson, Tennessee, for the appellant, Marcus Brooks. Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The Petitioner, Marcus Brooks, appeals the trial court's denial of his petition for post-conviction relief. 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. A review of the record supports the State's position. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/brooksmarcus.wpd STATE OF TENNESSEE v. ROBERT L. CLARK, JR. Court:TCCA Attorneys: Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; J. Scott McCluen, District Attorney General; and Roger Delp, Assistant District Attorney General, for the appellant, State of Tennessee. Joe H. Walker, District Public Defender, and Walter B. Johnson, II, Assistant Public Defender, for the appellee, Robert L. Clark, Jr. Judge: WILLIAMS First Paragraph: The petitioner's judgment forms entered May 29, 1996, reflect that he pled guilty to second degree murder, a Class A felony, committed on November 18, 1994, and possession of cocaine greater than one-half gram with intent to sell, a Class B felony, committed on October 3, 1994. The trial court sentenced him to twenty-five years on the murder conviction and twelve years on the cocaine conviction. The judgments ordered the sentences to be served concurrently to each other but consecutively to sentences for other convictions listed on the judgment forms. The petitioner filed a petition for writ of habeas corpus relief claiming that his sentences are void because they are in direct contravention of statutory law requiring them to be served consecutively rather than concurrently. The trial court granted habeas corpus relief, and the State appealed. We hold that the testimony presented by this petitioner was outside the record of the underlying convictions and proceedings and therefore should not have been considered by the trial court. We reverse and remand this case for a determination as to whether the record of the underlying convictions and proceedings constitutes satisfactory proof that the petitioner was on bail for the Class B cocaine offense when the second degree murder was committed. http://www.tba.org/tba_files/TCCA/clarkrljr.wpd SHAUN GIVENS v. DAVID MILLS, WARDEN Court:TCCA Attorneys: Shaun Givens, pro se. Paul G. Summers, Attorney General & Reporter; Michael Markham, Assistant Attorney General, for the appellee, State of Tennessee. Judge: HAYES First Paragraph: The Petitioner, Shaun Givens, appeals the trial court's denial of his petition for habeas corpus relief. 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 Petitioner fails to assert a ground entitling him to habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/givenshaun.wpd FLOYD W. JENKINS v. STATE OF TENNESSEE Court:TCCA Attorneys: Floyd W. Jenkins, Petros, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Michelle Chapman McIntire, Assistant Attorney General; and Jerry N. Estes, District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The petitioner, Floyd W. Jenkins, appeals the Monroe County Criminal Court's denial of his Motion for Probation. The state contends that the trial court properly denied the motion because the petitioner is serving his sentences in the Department of Correction and the trial court no longer has jurisdiction over him. We agree with the state and, pursuant to Rule 20, Tenn. Ct. Crim. App. R., affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/jenkinsfloydw.wpd ERIC D. JONES v. DAVID MILLS, WARDEN Court:TCCA Attorneys: Eric D. Jones, 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, Eric D. Jones, appeals the trial court's denial of his petition for habeas corpus relief. 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. The Petitioner fails to assert a ground entitling him to habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/joneseri.wpd STATE OF TENNESSEE v. DENNIS CHRISTOPHER LOWERY Court:TCCA Attorneys: Mark E. Stephens, District Public Defender, and Robert C. Edwards, Assistant Public Defender, for the appellant, Dennis Christopher Lowery. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; Randall E. Nichols, District Attorney General; Zane M. Scarlett, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Dennis Christopher Lowery, appeals from the Knox County Criminal Court's revoking his probation that he had received for his convictions upon guilty pleas to theft and misdemeanor evading arrest. The defendant contends that the trial court abused its discretion by revoking his probation and sentencing him to confinement. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/lowerydennischris.wpd HARRY M. NIMMONS v. STATE OF TENNESSEE Court:TCCA Attorneys: J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Harry M. Nimmons. Paul G. Summers, Attorney General and Reporter; Michelle Chapman McIntire, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Marsha Mitchell, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The petitioner, Harry M. Nimmons, appeals the Knox County Criminal Court's denial of his petition for post-conviction relief from his guilty pleas to three counts of possessing with the intent to sell less than one-half gram of cocaine and resulting effective sixteen-year sentence. He contends that he received the ineffective assistance of counsel because he would have gone to trial if his attorneys had explained evidentiary issues to him. We affirm the trial court. http://www.tba.org/tba_files/TCCA/nimmonsharrym.wpd MIKE SETTLE v. STATE OF TENNESSEE Court:TCCA Attorneys: Mike Settle, pro se. Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General, for the appellee, State of Tennessee. Judge: HAYES First Paragraph: The Petitioner, Mike Settle, appeals the trial court's denial of his petition for post-conviction relief. 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 thePetitioner has failed to establish a ground for which post-conviction relief may be granted. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/settlemike.wpd STATE OF TENNESSEE v. TRAVIS LAMONT WILLIAMS Court:TCCA Attorneys: J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Travis Lamont Williams. Paul G. Summers, Attorney General and Reporter; Michelle Chapman McIntire, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Marsha Mitchell, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Travis Lamont Williams, pled guilty in the Knox County Criminal Court to attempted carjacking, a Class C felony; burglary of a vehicle, a Class E felony; and felony vandalism, also a Class E felony. Pursuant to a plea agreement, the defendant received consecutive sentences of six years for the attempted carjacking, two years for the burglary, and one year for the vandalism, for an effective nine-year sentence with the manner of service to be determined by the trial court. After a sentencing hearing, the trial court denied the defendant's request for enhanced probation and ordered that he serve his sentences in the Department of Correction. The defendant appeals, claiming that the trial court erred by sentencing him to confinement. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/williamstravislam.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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