BERNADETTE BENSON v. NATHAN BERRYMAN, ET AL.
Court:TCA
Attorneys:
Darrell J. O'Neal, Memphis, TN, for Appellant
J. Michael Fletcher, Memphis, TN, for Appellee City of Memphis
Judge: HIGHERS
First Paragraph:
This appeal arises out of an action by Appellant for a claim of
negligence. After the close of Appellant's proof, Appellee moved for
involuntary dismissal based on the lack of evidence concerning the
actions of the emergency vehicle involved in the automobile accident.
The trial court granted the motion on this basis, and Appellant now
seeks review by this Court. We affirm.
http://www.tba.org/tba_files/TCA/bensonbernadette.wpd
PRESTON U. PENDERGRASS v. KEVIN MYERS, WARDEN
Court:TCA
Attorneys:
Preston U. Pendergrass, South Central Correctional Center, Clifton,
Tennessee, Pro Se.
Paul G. Summers, Attorney General and Reporter; and Richard H.
Dunavant, Assistant Attorney General, for the appellee, State of
Tennessee.
Judge: GLENN
First Paragraph:
The petitioner, Preston U. Pendergrass, appeals the summary dismissal
of his petition for writ of habeas corpus, arguing that the
indictment, which charged him with two counts of attempted first
degree murder, failed to state the facts constituting an offense,
thereby depriving the convicting court of jurisdiction and rendering
his judgments void. The petitioner further argues that the court
erred by not appointing appellate counsel as requested. Following our
review, we affirm the judgment of the trial court dismissing the
petition for writ of habeas corpus.
http://www.tba.org/tba_files/TCA/parishsandrakaye.wpd
STATE OF TENNESSEE v. ANTHONY D. AZIZ
Court:TCCA
Attorneys:
Stephen M. Wallace, District Public Defender; and William A. Kennedy,
Assistant District Public Defender, for the Appellant, Anthony D.
Aziz.
Paul G. Summers, Attorney General & Reporter; Renee W. Turner,
Assistant Attorney General; H. Greeley Wells, Jr., District Attorney
General; and Barry Staubus, Assistant District Attorney General, for
the Appellee, State of Tennessee.
Judge: WITT
First Paragraph:
The defendant, Anthony D. Aziz, appeals from the Sullivan County
Criminal Court's denial of alternative sentencing. We affirm the
judgment.
http://www.tba.org/tba_files/TCCA/azizantoniod.wpd
STATE OF TENNESSEE v. BARRY WAYNE DUNHAM
WITH DISSENTING OPINION
Court:TCCA
Attorneys:
B. F. "Jack" Lowery and G. Jeff Cherry, Lebanon, Tennessee (on
appeal); Comer L. Donnell, District Public Defender, and Thomas H.
Bilbrey, Assistant Public Defender (at trial), for the appellant,
Barry Wayne Dunham.
Paul G. Summers, Attorney General and Reporter; Richard H. Dunavant,
Assistant Attorney General; Tom P. Thompson, District Attorney
General; and Robert N. Hibbett, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: GLENN
First Paragraph:
The defendant, Barry Wayne Dunham, was convicted by a Macon County
Criminal Court jury of the first degree premeditated murder of his
father and sentenced to life imprisonment. On appeal, he argues that
the trial court erred by: (1) restricting defense counsel's voir dire
of the jury venire; (2) interfering with defense counsel's examination
of a witness and denying the defendant's motion for a mistrial based
on the court's allegedly prejudicial commentary on the witness's
testimony; and (3) disallowing a defense expert witness on the subject
of domestic violence. Finding no reversible error, we affirm the
judgment of the trial court.
http://www.tba.org/tba_files/TCCA/dunhambarryw_opn.wpd
DISSENTING OPINION
http://www.tba.org/tba_files/TCCA/dunhambarryw_dis.wpd
CALVIN J. OLIVER v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Danessa M. Aldridge, Fayetteville, Tennessee, for the appellant,
Calvin J. Oliver.
Paul G. Summers, Attorney General and Reporter; David E. Coenen,
Assistant Attorney General; William Michael McCown, District Attorney
General; and Weakley E. Barnard, 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 his guilty pleas were unknowing and involuntary
and that his trial counsel were ineffective for failing to adequately
explain the consequences of the pleas and for failing to raise the
issue of his mental competency at the sentencing hearing. Following
our review, we affirm the post-conviction court's denial of the
petition.
http://www.tba.org/tba_files/TCCA/olivercalvinj.wpd
SANDRA KAYE KEMP PARISH, ET AL. v. JERRY DONALD KEMP, ET AL.
Court:TCCA
Attorneys:
Kenneth R. Jones, Jr., Nashville, TN, for Appellants
Robert T. Keeton, Jr., Laura A. Keeton, Huntingdon, TN, for Appellees
Judge: HIGHERS
First Paragraph:
This appeal arises out of a complaint filed by Appellants seeking to
invalidate certain inter vivos transfers made by Decedent as well as
the Wills executed by Decedent while living with Appellees. After a
hearing in which a jury received evidence from numerous witnesses and
exhibits, Appellants sought a directed verdict on whether, as a matter
of law, the burden to prove the validity of the Wills and the inter
vivos transfers shifted to Appellees. The trial court denied this
motion, and the jury returned a verdict in favor of Appellees,
upholding Decedent's Last Will and Testament and the inter vivos
transfers. Review by this Court is sought by Appellants, and, for the
following reasons, we reverse.
http://www.tba.org/tba_files/TCCA/pendergrassprestonu.wpd
CHRISTOPHER LEE TUTTLE v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Peter J. Strianse, Nashville, Tennessee, and Kimberly S. Hodde,
Madison, Tennessee, for the appellant, Christopher Lee Tuttle.
Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; Victor S. Johnson, III,
District Attorney General; and John C. Zimmerman, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: TIPTON
First Paragraph:
The petitioner, Christopher Lee Tuttle, appeals as of right the
judgment of the Davidson County Criminal Court dismissing his petition
for post-conviction relief from his convictions for drug-related
offenses and effective forty-year sentence. The petitioner contends
(1) that the state breached his plea agreement which undermined the
voluntariness of his guilty plea and (2) that the state engaged in
prosecutorial misconduct by acting vindictively and violating Rule
8(a), Tenn. R. Crim. P., requiring mandatory joinder. We affirm the
trial court's denial of post-conviction relief.
http://www.tba.org/tba_files/TCCA/tuttlechristopherl.wpd
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