Opinion FlashSeptember 29, 2004
Volume 10 Number 188
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
CHARLENE JONES v. EAGLE BEND MANUFACTURING, INC. Court:TSC - Workers Comp Panel Attorneys: Arthur G. Seymour, Jr., and Robert L. Kahn, Knoxville, Tennessee, for the appellant, Eagle Bend Manufacturing, Inc. April Carroll Meldrum, Clinton, Tennessee, for the appellee, Charlene Jones. Judge: CATE First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann.S 50-6-225(e)(3) for hearing and reporting to the Supreme Court its findings of fact and conclusions of law. The employer asserts that the trial court's judgment of 55 percent disability to the employee's right arm was excessive, and the trial court's conclusion of permanency and 20 percent disability to the employee's left arm was error based upon the preponderance of the evidence. The employee contends this is a frivolous appeal. We conclude the preponderance of the evidence supports the trial court's judgment and that it was not a frivolous appeal. http://www.tba.org/tba_files/TSC_WCP/jonescharlene.wpd
IN THE MATTER OF: C.E.P. (DOB: March 19, 1994) Court:TCA Attorneys: David S. Clark, Oak Ridge, Tennessee, for the appellant, D.L.K. N. David Roberts, Jr., Knoxville, Tennessee, for the appellees, M.P.P. and A.E.P. Judge: SUSANO First Paragraph: This is an adoption case in which the petitioners seek to terminate the parental rights of the biological father of C.E.P. ("the child"). A.E.P. ("Mother"), the biological mother and custodian of the child, joined her husband, M.P.P. ("Stepfather"), in petitioning the trial court to terminate the parental rights of D.L.K. ("Father"), as an adjunct to Stepfather's petition to adopt the child. The trial court granted the petitioners' motion for summary judgment and terminated Father's parental rights on the basis of his incarceration. On Father's initial appeal, we affirmed the finding of grounds for termination, but vacated the trial court's best interest finding. On remand, the trial court conducted a hearing and found that termination of Father's parental rights was in the best interest of the child. Father appeals. We reverse and dismiss. http://www.tba.org/tba_files/TCA/cep.wpd
IN RE: ESTATE OF BARSHA ELLA ROYSTON, DECEASED Court:TCA Attorneys: William Harold Royston, Appellee, pro se. Johnny Royston, Appellant, pro se. Judge: FRANKS First Paragraph: Appellant has appealed before final judgment was entered. We dismiss the appeal. http://www.tba.org/tba_files/TCA/roystonbarshae.wpd
ANTHONY D. CUTTLE v. STATE OF TENNESSEE WITH CONCURRING OPINION Court:TCCA Attorneys: Marty B. McAfee, Memphis, Tennessee, for the appellant, Anthony D. Cuttle. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and Vanessa King, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The petitioner appeals the denial of his petition for post-conviction relief, arguing that the post- conviction court erred in finding he received effective assistance of counsel and in denying his request to represent himself at the post-conviction proceeding. Following our review, we affirm the denial of the petition. http://www.tba.org/tba_files/TCCA/cuttleanthonyd_opn.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCCA/cuttleanthonyd_con.wpd
VINCENT HATCH v. STATE OF TENNESSEE Court:TCCA Attorneys: Kamilah E. Turner, Memphis, Tennessee, for the appellant, Vincent Hatch. Paul G. Summers, Attorney General & Reporter; Richard H. Dunavant, Assistant Attorney General; and Paul Hagerman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Vincent Hatch, appeals the trial court's denial of his petition for post-conviction relief alleging that he was denied the effective assistance of counsel. The judgment of the post-conviction court is affirmed. http://www.tba.org/tba_files/TCCA/hatchvincent.wpd
STATE OF TENNESSEE v. WORLEY K. HENRY Court:TCCA Attorneys: Mark A. Skelton, Rogersville, Tennessee, for the appellant, Worley K. Henry. Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General; Greeley Wells, District Attorney General; and J. Lewis Combs, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: On May 1, 2003, the defendant, Worley K. Henry, was convicted by a Sullivan County jury of theft of property valued at less than $500, possession of a Schedule IV controlled substance, and tampering with evidence. The trial court sentenced him to eleven months and twenty-nine days each for the theft and possession convictions and six years for the tampering with evidence conviction. The theft and evidence tampering sentences were to run concurrently to each other, but consecutively to the possession sentence. The defendant appealed his convictions for theft of property valued at less than $500 and tampering with evidence. He has alleged that the evidence is insufficient to support verdicts of guilty for these offenses. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/henryworley.wpd
RAYMOND ROGER JONES v. STATE OF TENNESSEE Court:TCCA Attorneys: Janie L. Lindamood, Johnson City, Tennessee, for the appellant, Raymond Roger Jones. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; Joe C. Crumley, Jr., District Attorney General; and Steve Finney, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WOODALL First Paragraph: Petitioner, Raymond Roger Jones, appeals the Washington County Criminal Court's dismissal of his pro se combined motion to reopen his post-conviction petition, petition for writ of error coram nobis, and petition for DNA analysis. Petitioner was convicted by a jury in the Knox County Criminal Court of two counts of first degree murder. He received consecutive life sentences. This Court affirmed Defendant's convictions and sentences on direct appeal. See State v. Jones, 735 S.W.2d 803 (Tenn. Crim. App. 1987). Petitioner filed a petition for post-conviction relief in the Washington County Criminal Court. The trial court dismissed the petition, and this Court affirmed. See Raymond Roger Jones v. State, No. 03C01-9102-CR-00068, 1991 Tenn. Crim. App. LEXIS 584, (Tenn. Crim. App. at Knoxville, July 26, 1991), perm. to app. denied (Tenn. 1992). On June 22, 2001, Petitioner filed a pro se motion to reopen his post-conviction petition, alleging that the United States Supreme Court's decision in Apprendi v. New Jersey, 530 U.S. 466, 120 S. Ct. 2348, 147 L. Ed. 2d 435 (2000), established a new rule of constitutional law requiring retroactive application to his case. Petitioner subsequently filed a supplemental request for DNA analysis. The trial court dismissed the motion and denied Petitioner's request for DNA Analysis. Petitioner appeals. After reviewing the record, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/jonesraymondroger.wpd
STATE OF TENNESSEE v. AMBRECO SHAW Court:TCCA Attorneys: Robert Wilson Jones, Shelby County Public Defender; W. Mark Ward, Assistant Public Defender (on appeal); and Trent Hall, Assistant Public Defender (at trial), for the appellant, Ambreco Shaw. Paul G. Summers, Attorney General and Reporter; Michael Markham, Assistant Attorney General; William L. Gibbons, District Attorney General; and Paul Hagerman and Nicole Duffin, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant, Ambreco Shaw, was convicted by a Shelby County Criminal Court jury of second degree murder, a Class A felony, for shooting a man to death at a Memphis public housing development. The trial court sentenced him as a standard, violent offender to twenty-four years in the Department of Correction, applying four enhancement factors to increase his sentence from the presumptive twenty-year midpoint in the range. In a timely filed appeal to this court, the defendant raised as his sole issue whether the evidence was sufficient to sustain his conviction. However, following the United States Supreme Court's opinion in Blakely v. Washington, 542 U.S. ___ , 124 S. Ct. 2531 (2004), which was released during the pendency of this appeal, the defendant sought and received permission from this court to raise as an additional issue the impact of the Blakely decision on the sentencing imposed in his case. Based on our review of the record, the parties' briefs, and applicable law, we conclude that the evidence was sufficient to sustain the defendant's conviction and that two of the four enhancement factors were appropriately applied under Blakely. We further conclude that the applicable factors justify the enhanced sentence in the case. Accordingly, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/shawambreco.wpd
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