Opinion FlashOctober 21, 2004
Volume 10 Number 204
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
ANTHONY AND MELINDA K. COLSTON v. CITIZENS TRI-COUNTY BANK Court:TCA Attorneys: M. Keith Davis of Dunlap, for Appellant, Citizens Tri-County Bank Paul S. Weidlich of Chattanooga, for Appellees, Anthony and Melinda K. Colston Judge: CRAWFORD First Paragraph: Following Appellees' default on promissory note secured by a deed of trust, Appellant Bank placed a hold on Appellees' accounts and instigated foreclosure proceedings. Despite the fact that Appellees cured the default, Appellant Bank continued its hold on accounts and failed to stop publication of foreclosure notice. Although Appellees failed to prove damages, trial court found Bank negligent and awarded nominal damages to Appellees. We reverse. http://www.tba.org/tba_files/TCA/colstonanthony.wpd
SARAH DICK v. COMMISSIONER OF THE TENNESSEE DEPARTMENT OF CHILDREN'S SERVICES Court:TCA Attorneys: Kevin W. Weaver, Cordova, Tennessee, for the appellant, Sarah Dick. Paul G. Summers, Attorney General and Reporter; and Juan G. Villasenor, for the appellee, Commissioner of the Tennessee Department of Children's Services. Judge: SUSANO First Paragraph: Sarah Dick filed a petition in the trial court challenging the decision of the Tennessee Department of Childrens Services ("DCS"), pursuant to which DCS terminated the monthly adoption assistance payments she had been receiving for her adopted son, Christopher. The decision by DCS also seeks to recoup benefits previously paid to Ms. Dick, which DCS contends were paid to her in error. Ms. Dick questions the decision of DCS, contending that the department's policy - which requires that adoption assistance payments be reduced in the event the recipient is also receiving Social Security Title II benefits ("Title II benefits") - is inconsistent with the federal scheme establishing the adoption assistance program for special needs children. The trial court affirmed DCS's decision. Ms. Dick appeals. We affirm. http://www.tba.org/tba_files/TCA/dicksarah.wpd
BOWDOIN GRAYSON SMITH v. GINGER LEE MARENCHIN SMITH Court:TCA Attorneys: James L. Weatherly, Jr., Nashville, Tennessee, for the Appellant, Ginger Lee Marenchin Smith. Clark Lee Shaw, Nashville, Tennessee, for the Appellee, Bowdoin Grayson Smith Judge: SWINEY First Paragraph: Bowdoin Grayson Smith ("Father") and Ginger Lee Marenchin Smith ("Mother") were divorced in 1996. Mother was granted sole custody of the parties' four minor children, and Father was granted visitation and ordered to pay child support. Two years later, Father filed a petition for joint custody and later a petition to modify child support. After a hearing, the Trial Court found that Father had failed to prove a material change in circumstances and denied the petition for joint custody; modified the visitation schedule; granted Father telephone and e-mail contact with the children at specified times; found that Mother had proved monthly expenses of $7,500 were reasonably necessary to provide for the support and needs of the children, but that Father would be responsible for paying only $5,000 in monthly child support with Mother responsible for the remainder; and granted Mother attorney's fees. Mother appeals claiming the Trial Court erred in finding that only $7,500 per month was reasonably necessary for the support of the children and in holding that Father would be responsible for only $5,000 of these expenses. Father raises additional issues claiming the Trial Court erred in dismissing the petition for joint custody and in awarding Mother attorney's fees. We affirm, in part; modify, in part; vacate, in part; and remand solely for the collection of the costs below. http://www.tba.org/tba_files/TCA/smithbowdoing.wpd
COREY CARTWRIGHT v. STATE OF TENNESSEE Court:TCCA Attorneys: Corey D. Cartwright, Clifton, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Dan Hamm, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The petitioner, Corey Cartwright, appeals as of right from the dismissal of his petition for post- conviction relief by the Davidson County Criminal Court. He seeks relief from his Class C felony conviction for possession of less than one-half gram of cocaine with intent to sell and resulting sentence of ten years in confinement. He contends that the post-conviction court erred in summarily dismissing his petition without appointing counsel, that he received the ineffective assistance of counsel, and that the trial court erred in sentencing. We affirm the trial court. http://www.tba.org/tba_files/TCCA/cartwrightcorey.wpd
STATE OF TENNESSEE v. GARNER DWIGHT PADGETT Court:TCCA Attorneys: David Brady, District Public Defender, and John B. Nisbet, III, Assistant Public Defender, for the appellant, Garner Dwight Padgett. Paul G. Summers, Attorney General & Reporter; Richard H. Dunavant, Assistant Attorney General; William E. Gibson, District Attorney General; and David A Patterson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Garner Dwight Padgett, was convicted of first degree premeditated murder. The trial court imposed a sentence of life imprisonment. In this appeal of right, the defendant contends that the trial court erred by failing to grant a mistrial after two jurors observed him in custody, by failing to instruct on the lesser included offenses of aggravated assault and assault, and by failing to suppress his confession. He also challenges the sufficiency of the evidence and argues that there was prosecutorial misconduct during closing argument. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/padgettgarnerd.wpd
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