Opinion FlashAugust 3, 2004
Volume 10 Number 148
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
ROBERT L. EUBANKS, JR., ET AL. v. PROCRAFT, INC., ET AL. Court:TCA Attorneys: Martin B. Bailey, Knoxville, Tennessee, attorney for appellants, Kryton Canada Corporation and Kryton International, Inc. Chris Ralls, Maryville, Tennessee, attorney for appellees, Robert L. Eubanks, Jr., and Pamela E. Eubanks. Judge: INMAN First Paragraph: An applied liquid siding damaged the Plaintiffs' house. By amended complaint the Plaintiffs joined the purported manufacturer, a Canadian corporation, pursuant to the Hague Convention. Held, not subject to jurisdiction in Tennessee. http://www.tba.org/tba_files/TCA/eubanksrobl.wpd
FREDERICK TODD SMITH, ET AL. v. JIM CROSSMAN, ET AL. Court:TCA Attorneys: Barry L. Gardner, Brentwood, Tennessee, for the appellants Frederick Todd Smith, James E. Newton, and Heritage Groceries, Inc. Raymond G. Prince, Nashville, Tennessee, for the appellee, Jim Crossman, Individually, and d/b/a Jim Crossman Realty. Judge: COTTRELL First Paragraph: This appeal involves the interpretation of the attorney's fee provision in a lease agreement. The trial court awarded Landlord attorney's fees, and Tenants appeal. We reverse the award of attorney's fees, finding no contractual basis exists for the award. http://www.tba.org/tba_files/TCA/smithfredert.wpd
STATE OF TENNESSEE v. PATRICIA SUDBERRY BUTLER Court:TCCA Attorneys: Andrew Jackson Dearing, III, Assistant Public Defender (at trial), and Merrilyn Feirman, Nashville, Tennessee (on appeal), for the appellant, Patricia Sudberry Butler. Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger, Assistant Attorney General; and Michael Randles and Ann Filer, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Patricia Sudberry Butler, entered pleas of guilty to two counts of the sale of more than .5 grams of cocaine, two counts of the delivery of more than .5 grams of cocaine, one count of the sale of less than .5 grams of cocaine, and one count of the delivery of less than .5 grams of cocaine. See Tenn. Code Ann. S 39-17-417. The convictions for the delivery of cocaine were merged into the accompanying convictions for the sale of cocaine. The trial court imposed sentences of eight years for the first conviction of the sale of more than .5 grams of cocaine, eight years and nine months for the second conviction of the sale of more than .5 grams of cocaine, and four years for the conviction of the sale of less than .5 grams of cocaine. Because the sentences for the sale of more than .5 grams of cocaine were ordered to be served consecutively, the effective sentence is sixteen years and nine months. In this appeal, the defendant asserts that the sentence is excessive and that the trial court erred by denying an alternative sentence. The judgments of the trial court are affirmed. http://www.tba.org/tba_files/TCCA/butlerps.wpd
STATE OF TENNESSEE v. HARRY G. STURGILL Court:TCCA Attorneys: Emma Rae Tennent, Assistant Public Defender, on appeal, and J. Michael Engle, Assistant Public Defender, at trial, for the appellant, Harry G. Sturgill. Paul G. Summers, Attorney General & Reporter; Elizabeth Ryan, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Jon Seaborg, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: The appellant, Harry G. Sturgill, was convicted by a jury of eight counts of rape of a child and two counts of statutory rape. As a result, he received a twenty-five year sentence for each of his eight child rape convictions and a two-year sentence for each of his statutory rape convictions. Two of the child rape convictions were ordered to be served consecutively. All of the other sentences were ordered to be served concurrently, for an effective fifty-year sentence. In this direct appeal, the appellant challenges the sufficiency of the evidence in regard to his child rape convictions and the length and consecutive nature of the sentences. For the following reasons, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/sturgillharry.wpd
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