SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS
Court:TSC - Rules
ESTATE OF CURTIS MARSHALL SELLE, Deceased, and PATRICIA B. SELLE, v.
JACQUELYN TEAL SELLE, Administrator of the Estate of CURTIS MARSHALL
Scott C. Williams, and Stephanie S. Maxwell, Columbia, Tennessee, for
William S. Fleming, Columbia, Tennessee, for Appellee.
This appeal involves a dispute between the mother and wife of a
decedent concerning the attempted revocation of his will. Following
the decedent's death, his mother filed a petition in the Chancery
Court for Maury County seeking to admit her son's will to probate.
Her daughter-in-law moved to dismiss the petition on the ground that
the will had been revoked by a later instrument. The Trial Court
determined that the later instrument did not qualify as a will or as a
document of revocation. However, the Court determined that the act of
executing the later instrument amounted to a cancellation of the will
under Tenn. Code Ann. S 22-1-201(3) (2001). The decedent's mother has
appealed. We have determined that the act of executing the later
instrument was not a cancellation of the earlier will and, therefore,
reverse the Trial Court.
FRANK W. JOHNSON v. GLEN TURNER, WARDEN
Frank W. Johnson, Whiteville, Tennessee, Pro se.
Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assitant Attorney General; and Elizabeth T. Rice, District Attorney
General, for the appellee, State of Tennessee.
The petitioner, Frank W. Johnson, pled guilty to second degree murder
and was sentenced to thirteen and one-half years incarceration in the
Tennessee Department of Correction. Subsequently, he filed a petition
for a writ of habeas corpus, alleging that he pled guilty to an
illegal sentence. The trial court denied the petition, and the
petitioner now appeals. Upon review of the record and the parties'
briefs, we affirm the judgment of the trial court.
STATE OF TENNESSEE v. REGINALD STACY SUDDERTH
Herbert S. Moncier, Knoxville, Tennessee, for the appellant, Reginald
Paul G. Summers, Attorney General and Reporter; Joseph F. Whalen,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and Joseph E. Perrin and Barry Staubus, Assistant District
Attorneys General, for the appellee, State of Tennessee.
In 1998, the defendant, through former counsel, entered into a letter
agreement with the Blount County District Attorney General which
provided that he would be granted immunity for the murder of Andre
Jackson if he provided information and cooperated in the prosecution
of the murder of Gary Huskey and passed a polygraph examination
administered by the Federal Bureau of Investigation ("FBI") as to the
Huskey murder. The defendant subsequently was indicted for first
degree murder and conspiracy to commit first degree murder. He then
filed a motion to dismiss the indictment, claiming, inter alia, that
the polygraph was unfair, that he had not failed the test, and that
the State breached its agreement to provide another polygraph.
Following hearings, the trial court denied the motion, and the
defendant filed an interlocutory appeal. After review, we affirm the
judgment of the trial court denying the motion, but remand for entry
of corrected minutes reflecting that the trial court denied the
defendant's motion to dismiss.