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Today's Opinions: December 1, 2004
Volume 10 — Number 230
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.
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
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
01 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

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 or need to obtain a password, you can look it up on-line at http://www.tba.org/getpassword.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. • Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. • Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.
Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

ANITA J. VEDDER v. NORTH AMERICAN MORTGAGE CO., ET AL.

Court:TCA

Attorneys:                          

Anita J. Vedder, Smyrna, Tennessee, Pro Se.

J. Graham Matherne and Andrew J. Pulliam, Nashville, Tennessee, for
the appellees, North American Mortgage Co., Washington Mutual, Inc.,
Washington Mutual Bank, FA, Homeside Lending, and Kerry K. Killinger.

Judge: KOCH

First Paragraph:

This case involves a homeowner who defaulted on her home mortgage. 
After the holder of the note commenced foreclosure proceedings, the
homeowner filed suit in the Circuit Court for Rutherford County
asserting numerous claims against the original mortgagee, the
subsequent purchasers of the note, and an executive employed by one of
the subsequent purchasers.  The trial court granted the defendants'
motion to dismiss the homeowner's complaint for failure to state a
claim upon which relief could be granted.  The homeowner appealed and,
while the appeal was pending, requested the trial court to vacate its
earlier decision for lack of subject matter jurisdiction.  The trial
court denied the homeowner's motion.  We now affirm both of the trial
court's decisions.

http://www.tba.org/tba_files/TCA/vedderanitaj.wpd

STATE OF TENNESSEE v. CHRISTOPHER KIRKENDALL
WITH CONCURRING OPINION

Court:TCCA

Attorneys:                          

Robert Wilson Jones, Shelby County Public Defender; W. Mark Ward,
Assistant Public Defender (on appeal); and Robert Trent Hall,
Assistant Public Defender (at trial), for the appellant, Christopher
Kirkendall.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and David Pritchard and Jennifer Nichols, Assistant District
Attorneys General, for the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Christopher Kirkendall, was convicted by a jury of
aggravated robbery.  Following a hearing, the trial court sentenced
the appellant to twelve years incarceration in the Tennessee
Department of Correction.  The appellant now appeals, challenging the
sufficiency of the evidence and the sentence imposed by the trial
court.  Upon review of the record and the parties' briefs, we affirm
the judgment of the trial court as modified.

http://www.tba.org/tba_files/TCCA/kirkendchris_opn.wpd

CONCURRING OPINION
http://www.tba.org/tba_files/TCCA/kirkendchris_con.wpd

STATE OF TENNESSEE v. MARIO MERRITT

Court:TCCA

Attorneys:                          

Marty B. McAfee, Memphis, Tennessee, for the appellant, Mario Merritt.

Paul G. Summers, Attorney General and Reporter; Rachel E. Willis,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Amy Weirich, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Mario Merritt, was convicted by a jury in the Shelby
County Criminal Court of especially aggravated robbery.  Following a
hearing, the trial court sentenced the appellant to twenty-five years
in the Tennessee Department of Correction.  The appellant now brings
this appeal challenging the sufficiency of the evidence to support his
conviction.  Upon review of the record and the parties' briefs, we
affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/merrittmario.wpd

STATE OF TENNESSEE v. ROSENDO REYNA

Court:TCCA

Attorneys:                          

W. Mark Ward (on appeal); Debra Antoine and Karen Massey (at trial),
Assistant Public Defenders, Memphis, Tennessee, for the Appellant,
Rosendo Reyna.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Michael Markham, Assistant Attorney General;
William L. Gibbons, District Attorney General; and Robert Carter and
Valerie Smith, Assistant District Attorneys General, for the Appellee,
State of Tennessee.

Judge: HAYES
  
First Paragraph:

The Appellant, Rosendo Reyna, appeals his convictions for multiple
felony drug offenses by a Shelby County jury.  On appeal, Reyna raises
the single issue of whether the evidence is sufficient to support his
convictions.  After review, we find the evidence sufficient. 
Accordingly, the judgments of conviction are affirmed.  However,
because the record reflects that the offenses were not properly
merged, we remand for merger and entry of corrected judgments.

http://www.tba.org/tba_files/TCCA/reynarose.wpd

Impropriety of Reducing Tax Refunds to Consumers by the Costs of
Applying for the Refund

Date: November 29, 2004

Opinion Number: 04-169

http://www.tba.org/tba_files/AG/2004/op169.pdf

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