STATE OF TENNESSEE, EX REL. MOORE & ASSOCIATES, INC. v. LON F. WEST
Court:TCA
Attorneys:
William B. Herbert, IV, Nashville, Tennessee, for the appellant, Lon
F. West, Zoning Administrator of the Department of Codes
Administration of the Metropolitan Government of Nashville and
Davidson County, Tennessee.
Eugene N. Bulso, Jr., Joseph G. DeGaetano, Nashville, Tennessee, for
the appellee, Moore & Associates, Inc.
Judge: COTTRELL
First Paragraph:
This case involves judicial review of a zoning administrator's refusal
to issue a certificate of compliance with all zoning laws to a
newly-constructed hotel. We reverse the trial court's denial of the
local government's motion to dismiss because such review is
appropriate under the common law writ of certiorari, not a direct
action for declaratory judgment, and the hotel owners failed to meet
the exhaustion requirements prerequisite to certiorari review.
http://www.tba.org/tba_files/TCA/mooreassoc.wpd
STATE OF TENNESSEE v. MICHAEL LEBRON ANDERSON
Court:TCCA
Attorneys:
Ardena J. Garth, District Public Defender; Donna Robinson Miller and
Lorrie Miller; Assistant District Public Defenders, for the appellant,
Michael Lebron Anderson.
Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; William Cox, District Attorney General;
and Bob Patterson, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: MCLIN
First Paragraph:
The defendant, Michael Lebron Anderson, was convicted of burglary of a
building other than a habitation, a Class D felony, and was sentenced
to twelve years in the Department of Correction. On appeal, the
defendant contends that the trial court erred by allowing hearsay
statements of eyewitnesses to be introduced through the testimony of a
police officer as an excited utterance, thereby violating his right to
confront witnesses against him. After careful review of the record
and the parties' briefs, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/andersonmichaell.wpd
STATE OF TENNESSEE v. AARON T. BINKLEY
Court:TCCA
Attorneys:
J. Liddell Kirk, Knoxville, Tennessee, for the appellant, Aaron T.
Binkley.
Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Patti Cristil, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: MCLIN
First Paragraph:
The defendant, Aaron T. Binkley, pled guilty to forgery, a Class D
felony, and was sentenced as a Range One standard offender to two
years in the Department of Correction. On appeal, the defendant
argues that the trial court erred in denying him alternative
sentencing. Upon review, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/binkleyaaron.wpd
STATE OF TENNESSEE v. ARZOLIA CHARLES GOINES
Court:TCCA
Attorneys:
Arzolia Charles Goines, Whiteville, Tennessee, Pro Se.
Paul G. Summers, Attorney General and Reporter; Michelle Chapman
McIntire, Assistant Attorney General; Randall E. Nichols, District
Attorney General, for the appellee, State of Tennessee.
Judge: WITT
First Paragraph:
The petitioner, Arzolia Charles Goines, appeals the trial court's
dismissal of his petition for post-conviction relief. The state has
filed a motion requesting that this court affirm the trial court's
denial of relief pursuant to Rule 20. See Tenn. Ct. Crim. App. R 20.
The petition was properly dismissed as time-barred. Accordingly, the
State's motion is granted and the judgment of the trial court is
affirmed.
http://www.tba.org/tba_files/TCCA/goinesarzoliacharles.wpd
STATE OF TENNESSEE v. JEFFREY MARTIN REAVES, ALIAS, ROLAND LEE MALLIN
Court:TCCA
Attorneys:
Bruce E. Poston, Knoxville, Tennessee, for the appellant, Jeffrey
Martin Reaves, alias, Roland Lee Mallin.
Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Kevin James Allen and Deborah J. Herron, Assistant
District Attorneys General, for the appellee, State of Tennessee.
Judge: TIPTON
First Paragraph:
A Knox County Criminal Court jury convicted the defendant, Jeffrey
Martin Reaves, of voluntary manslaughter, a Class C felony, attempted
reckless homicide, a Class E felony, and misdemeanor reckless
endangerment, a Class A misdemeanor, and the trial court sentenced him
as a Range II, multiple offender to an effective sentence of ten years
in the Department of Correction. The defendant appeals, claiming that
the evidence is insufficient to support his convictions, that the
trial court erred in applying certain enhancement factors, and that it
erred in ordering consecutive sentencing. Because attempted reckless
homicide is not a crime in Tennessee, we vacate the defendant's
conviction for that count under plain error review. In all other
respects, we affirm the judgments of the trial court.
http://www.tba.org/tba_files/TCCA/reavesjeffreymartin.wpd
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