BARRY HALLIBURTON v. METOKOTE CORPORATION
Court:TSC - Workers Comp Panel
Attorneys:
Henry S. Queener, Brewer, Krause & Brooks, Nashville, TN, for the
appellant, Metokote Corporation.
Charles W. McKinney, Gordonsville, TN, for the appellee, Barry
Halliburton.
Judge: SCOTT
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for reporting to the Supreme
Court of findings of fact and conclusions of law. In this appeal, the
employer contends the trial court's determination of sixty-five
percent permanent partial impairment to the lower right extremity is
excessive in light of the evidence. We hold that the evidence does not
preponderate against the trial court's findings. Accordingly, the
judgment of the trial court is affirmed.
http://www.tba.org/tba_files/TSC_WCP/halliburtonbarry.wpd
SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS
Court:TSC - Rules
http://www.tba.org/tba_files/TSC_Rules/certlist_032105.wpd
IN RE: SUPREME COURT RULE 45
Court:TSC - Rules
Judge: DROWOTA
First Paragraph:
To ensure equal access to all persons coming before Tennessee's courts
and to maintain compliance with the Americans with Disabilities Act,
the Court hereby adopts Supreme Court Rule 45, which is set out in
Appendix A to this Order.
http://www.tba.org/tba_files/TSC_Rules/sc-rule45-32105.wpd
CAVALIER METAL CORPORATION, ET AL. v. FINCH & McBROOM, ET AL.
Court:TCA
Attorneys:
David Day of Cookeville For Appellants, Cavalier Metal Corporation and
Judith A. White
Alan M. Sowell and M. Kristin Selph of Nashville For Appellees, Finch
& McBroom, James McBroom, and Clifton B. Sobel, Jr.
Judge: CRAWFORD
First Paragraph:
Appellants, who were represented in a lawsuit by Appellees, appeal the
dismissal of their attorney malpractice suit against Appellees on the
ground, among other things, that the Appellants did not file suit
within the one-year statute of limitations for attorney malpractice
actions. Finding no error, we affirm.
http://www.tba.org/tba_files/TCA/cavaliemetalco.wpd
LAURA STOHL HALKIADES v. DAVID ALLAN HALKIADES, ET AL.
ORDER
Court:TCA
Judge: FARMER
First Paragraph:
The appellant, David Allan Halkiades, has filed a "Petition for
Rehearing and for Clarification" and the appellee, Laura Stohl
Halkiades, has filed a response. After due consideration, the
petition for rehearing is denied.
ORDER
http://www.tba.org/tba_files/TCA/halkiadeslauras_ord.wpd
THE ESTATE OF FLOYD LEROY OLMSTEAD, DECEASED and BARBARA D. OLMSTEAD,
Executrix, v. BETTY JAYNE OLMSTEAD
Court:TCA
Attorneys:
William S. Nunnally, Greeneville, Tennessee, for appellants.
C. Todd Chapman, Greeneville, Tennessee, for appellee.
Judge: FRANKS
First Paragraph:
In the Divorce Decree Decedent was ordered to pay alimony "until
remarriage or death of plaintiff". Decedent's estate refused to pay
alimony. The Trial Court held the Decree required the payment of
alimony after Decedent's death. On appeal, we reverse and dismiss.
http://www.tba.org/tba_files/TCA/olmsteadfloydl.wpd
RICHARD A. EMMITT v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Richard A. Emmitt, Pikeville, Tennessee, Pro Se.
Paul G. Summers, Attorney General and Reporter; Preston Shipp,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Pamela Anderson, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: GLENN
First Paragraph:
The petitioner, Richard A. Emmitt, was convicted in 1984 of assault
with intent to commit second degree murder, aggravated kidnapping,
aggravated rape, armed robbery, and first degree burglary and received
an effective sentence of 125 years. His convictions were affirmed on
direct appeal. The petitioner filed a petition for post-conviction
relief on January 21, 2004, which the post-conviction court dismissed
as untimely. The petitioner appeals, claiming the statute of
limitations was tolled. Following our review, we affirm the dismissal
of the petition.
http://www.tba.org/tba_files/TCCA/emmittricharda.wpd
STATE OF TENNESSEE v. JAMES HARVEY FARRAR, JR.
Court:TCCA
Attorneys:
Michael Collins, Shelbyville, Tennessee, for the appellant, James
Harvey Farrar, Jr.
Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; Mike McCown, District Attorney General;
and Michael D. Randles, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: WELLES
First Paragraph:
This is a direct appeal from convictions on a jury verdict of
attempted aggravated robbery, resisting arrest and contributing to the
delinquency of a minor. The trial court sentenced the Defendant to a
term of nine years, and concurrent sentences of six months, and eleven
months and twenty-nine days, respectively. On appeal, the Defendant
raises one issue, arguing that there was insufficient evidence to find
him guilty of attempted aggravated robbery. We affirm the judgments
of the trial court but reduce the effective sentence to eight years.
http://www.tba.org/tba_files/TCCA/farrarjameshjr.wpd
LUTHER E. FOWLER v. HOWARD CARLTON, Warden
Court:TCCA
Attorneys:
Luther E. Fowler, Pro Se.
Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General; and Joe C. Crumley, Jr., District Attorney
General, for the Appellee, State of Tennessee.
Judge: WITT
First Paragraph:
The petitioner, Luther E. Fowler, appeals from the Johnson County
Criminal Court's summary dismissal of his petition for habeas corpus
relief. We affirm.
http://www.tba.org/tba_files/TCCA/fowlerluthere.wpd
STATE OF TENNESSEE v. ORSON WENDELL HUDSON
Court:TCCA
Attorneys:
Michael T. Pickering, Gallatin, Tennessee, for the appellant, Orson
Wendell Hudson.
Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Lawrence Ray Whitley, District Attorney
General; and Dee David Gay, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: TIPTON
First Paragraph:
The defendant, Orson Wendell Hudson, pled guilty in Sumner County
Criminal Court to possession with the intent to sell more than
twenty-six grams of cocaine, a Class B felony, and the trial court
sentenced him as a Range I, standard offender to eight years in the
Department of Correction. The defendant appeals upon certified
questions of law from the trial court's denial of his motion to
suppress evidence seized pursuant to a traffic stop. He claims the
trial court should have granted his motion because (1) the arresting
officer's stated justification for stopping his car was pretextual,
(2) the officer did not have probable cause to stop his car for
following too closely, (3) the officer's questioning transformed his
detention into an unreasonable seizure, (4) the officer's questioning
of his six-year-old daughter outside his presence was illegal, and (5)
the officer coerced his consent to search. We affirm the trial court.
http://www.tba.org/tba_files/TCCA/hudsonorsonw.wpd
STATE OF TENNESSEE v. DOREEN JONES
Court:TCCA
Attorneys:
Dan T. Bryant (at trial and on appeal), Robert Boyd (at trial), and
Scott Grissom (at trial), Assistant District Public Defenders, for the
appellant, Doreen Jones.
Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General; and Dale Potter and Larry Bryant,
Assistant District Attorneys General, for the appellee, State of
Tennessee.
Judge: WADE
First Paragraph:
The defendant, Doreen Jones, was convicted of second degree murder.
The trial court imposed a Range I sentence of twenty-one years. In
this appeal, the defendant asserts (1) that the evidence is
insufficient to support the conviction; (2) that the trial court erred
in its instructions to the jury; (3) that the trial court erred by
admitting into evidence certain photographs of the victim; (4) that
the trial court erred by failing to instruct the jury regarding expert
testimony provided by a defense witness; (5) that the trial court
erred by admitting into evidence a videotape recording; (6) that the
trial court erred by permitting the medical examiner to testify that
the victim's death resulted from abuse and neglect and by refusing to
redact this statement from the autopsy report; (7) that the trial
court erred by permitting the state to read certain Social Security
regulations; and (8) that the trial court erred by refusing to grant a
change of venue. The defendant has also asked this court to review
the propriety of the sentence in light of Blakely v. Washington, 542
U.S. ___, 124 S. Ct. 2531 (2004). The judgment of the trial court is
affirmed.
http://www.tba.org/tba_files/TCCA/jonesdoreen.wpd
ALFIO ORLANDO LEWIS v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
David M. Hopkins, Nashville, Tennessee, for the appellant, Alfio
Orlando Lews.
Paul G. Summers, Attorney General and Reporter; David E. Coenen,
Assistant Attorney General; Victor S. (Torry) Johnson, III, District
Attorney General; and Bret Thomas Gunn, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: TIPTON
First Paragraph:
The petitioner, Alfio Orlando Lewis, 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 convictions for two
counts of attempted second degree murder and consecutive twelve-year
sentences. The petitioner contends that he received the ineffective
assistance of counsel at his trial and that his sentences are invalid
under Blakely v. Washington, 542 U.S. ___, 124 S. Ct. 2531 (2004). We
affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/lewisalfioo.wpd
STATE OF TENNESSEE v. DANIEL W. LIVINGSTON
Court:TCCA
Attorneys:
Charles Walker, Nashville, Tennessee, for the appellant, Daniel W.
Livingston.
Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; and Brett Gunn, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: WELLES
First Paragraph:
This is a direct appeal as of right from a conviction on a jury
verdict of evading arrest by motor vehicle with risk of death or
injury. The trial court determined that the Defendant, Daniel
Livingston, was a career offender and sentenced him to twelve years
for the felony evading arrest conviction and time served for a
misdemeanor resisting arrest conviction. On appeal, the Defendant
argues five issues: (1) the evading arrest statute is unconstitutional
because it violates the "Caption Clause" of the Tennessee
Constitution; (2) the evidence is insufficient to sustain the
conviction for felony evading arrest with risk of death or injury; (3)
the trial court erred in sentencing the Defendant as a career offender
because the State's notice of enhanced punishment was defective; (4)
the Defendant received ineffective assistance of counsel at trial; and
(5) the Defendant's Sixth Amendment right to a jury trial was violated
because the trial court made findings of fact for sentencing purposes.
We affirm the Defendant's conviction, but modify the sentence to four
years to be served as a Range I standard offender.
http://www.tba.org/tba_files/TCCA/livingstondanw.wpd
SHIRLEY MASON v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
N. Andy Myrick, Jr., Fayetteville, Tennessee (on appeal); Hayley E.
Fults, Shelbyville, Tennessee (on brief only); and Richard A. Cawley,
Shelbyville, Tennessee (at trial), for the appellant, Shirley Mason.
Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; William Michael McCown, District Attorney
General; and Michael D. Randles, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: TIPTON
First Paragraph:
The petitioner, Shirley Mason, appeals as of right the dismissal of
her petition for post-conviction relief by the Bedford County Circuit
Court. She seeks relief from her conviction for delivering less than
one-half gram of cocaine and resulting sentence of eight years in
confinement. The petitioner contends that she received the
ineffective assistance of counsel which caused her to enter an
involuntary guilty plea. We affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/masonshirley.wpd
STATE OF TENNESSEE v. JEREMY LEE MILLER
Court:TCCA
Attorneys:
Robin Farber, Columbia, Tennessee, for the appellant, Jeremy Lee
Miller.
Paul G. Summers, Attorney General and Reporter; Rachel E. Willis,
Assistant Attorney General; and Mike Bottoms, District Attorney
General, for the appellee, State of Tennessee
Judge: WELLES
First Paragraph:
Upon entering a "best interest"guilty plea, the Defendant, Jeremy
Miller, was convicted of attempted aggravated child abuse, a Class B
felony. The trial court sentenced the Defendant as a Range I,
standard offender to eleven years in the Department of Correction. On
appeal, the Defendant raises the issue of whether the trial court
erred in ordering an excessive sentence by: (1) improperly weighing
enhancement and mitigating factors; and (2) denying alternative
sentencing. We modify the sentence of the trial court to comply with
the dictates of Blakely v. Washington, 542 U.S. ____, 124 S. Ct. 2531
(2004). We remand for the trial court to consider the Defendant's
suitability for probation.
http://www.tba.org/tba_files/TCCA/millerjeremyl.wpd
STATE OF TENNESSEE v. BRANDON S. MOORE
Court:TCCA
Attorneys:
Brandon S. Moore, Henning, Tennessee, Pro Se.
Paul G. Summers, Attorney General and Reporter; Richard H. Dunavant,
Assistant Attorney General; Lawrence Ray Whitley, District Attorney
General; and Sallie W. Brown, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: WILLIAMS
First Paragraph:
The defendant appeals the sentence he received after a violation and
revocation of his community corrections sentence. On appeal, the
defendant contends that the sentence issued was illegal. Following
our review, we affirm the sentence imposed by the trial court.
http://www.tba.org/tba_files/TCCA/moorebrandons.wpd
TERRENCE A. SAWYERS v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Michael A. Colavecchio, Nashville, Tennessee, for the appellant,
Terrence A. Sawyers.
Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney,
Assistant Attorney General; and Amy H. Eisenbeck, Assistant District
Attorney General, for the appellee, State of Tennessee.
Judge: WADE
First Paragraph:
The petitioner, Terrence A. Sawyers, appeals the denial of his
petition for post-conviction relief. The issue presented for review is
whether the petitioner was denied the effective assistance of counsel
at trial. The judgment is affirmed.
http://www.tba.org/tba_files/TCCA/sawyersterrencea.wpd
DAVID GENE SKIPPER v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
R. Steven Randolph, Cookeville, Tennessee, for the Appellant, David
Gene Skipper.
Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; William E. Gibson, District Attorney
General; and Anthony Craighead, Assistant District Attorney General,
for the Appellee, State of Tennessee.
Judge: WEDEMEYER
First Paragraph:
The Petitioner, David Gene Skipper, pled guilty to two counts of rape
of a child and one count of attempted aggravated sexual battery. The
trial court sentenced him to an effective sentence of thirty-one years
in prison. The Petitioner filed a petition for post-conviction
relief, which the post-conviction court dismissed after a hearing.
The Petitioner now appeals, contending that: (1) he was denied the
effective assistance of counsel; (2) his guilty pleas were not
knowingly and voluntarily entered; and (3) there was not a sufficient
factual basis to support the guilty pleas. Finding no error in the
judgment of the post-conviction court, we affirm the dismissal of the
Petitioner's petition
http://www.tba.org/tba_files/TCCA/skipperdavidg.wpd
STATE OF TENNESSEE v. MICHAEL WAYNE SMITHSON
Court:TCCA
Attorneys:
Gerald L. Melton, District Public Defender, for the appellant, Michael
Wayne Smithson.
Paul G. Summers, Attorney General and Reporter; William G. Lamberth,
II, Assistant Attorney General; William C. Whitesell, Jr., District
Attorney General; and David L. Puckett, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: WILLIAMS
First Paragraph:
The defendant appeals the revocation of his probation after he left
the state to participate in a religious activity, failed to complete
the required psychosexual evaluation, and failed to obtain employment.
The defendant contends that the trial court erred in (1) basing his
revocation on an order that violated his right to free exercise of his
religion, and (2) determining that he had failed to complete the
psychosexual evaluation and obtain employment because his arrest in
Texas prevented him from having an opportunity to comply with those
conditions. Following our review, we affirm the trial court's
revocation of probation.
http://www.tba.org/tba_files/TCCA/smithsonmichw.wpd
STATE OF TENNESSEE v. THOMAS D. STANTON
Court:TCCA
Attorneys:
Emma Tennent, Nashville, Tennessee, for the appellant, Thomas D.
Stanton.
Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; Victor S. Johnson, District
Attorney General; and Renee Erb, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: WELLES
First Paragraph:
The Defendant, Thomas D. Stanton, was convicted by a jury of one count
of aggravated robbery, one count of carjacking, one count of
aggravated burglary, one count of theft, one count of Class D felony
evading arrest, and one count of misdemeanor evading arrest. The
trial court sentenced him to life imprisonment for the robbery
offense; twenty-five years for the carjacking, to run consecutively;
twelve years for the burglary offense, to run consecutively; five
years for the theft, to run concurrently; ten years for the felony
evading arrest, to run concurrently; and eleven months, twenty-nine
days for the misdemeanor evading arrest, to run concurrently; for an
effective sentence of life plus thirty-seven years. In this direct
appeal, the Defendant contends that the evidence does not support his
aggravated robbery conviction; that the trial court committed
reversible error in failing to charge the jury on certain
lesser-included offenses; that the trial court erred in permitting the
State to impeach him on the basis of a prior conviction; and that his
sentences are excessive. The State also filed a direct appeal,
arguing that the Defendant's sentence of life imprisonment for the
aggravated robbery conviction is illegal and should be modified to a
sentence of life imprisonment without the possibility of parole. We
reverse and remand for a new trial the Defendant's conviction of Class
D felony evading arrest. We modify the Defendant's sentence for his
aggravated robbery conviction to life imprisonment without the
possibility of parole. We remand for a correction of the judgment
reflecting the Defendant's carjacking conviction. In all other
respects, we affirm the judgments of the trial court.
http://www.tba.org/tba_files/TCCA/stantonthoamsd.wpd
GARY WALLACE v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Gary Wallace, 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: WILLIAMS
First Paragraph:
The petitioner appeals the trial court's dismissal of his pro se
petition for writ of habeas corpus, in which he contended that his
sentence violated the Double Jeopardy Clause of the Fifth Amendment
because he was classified as both a Range II, persistent offender and
a Class X offender. We conclude that the petitioner was properly
sentenced based upon both the classification of the offense (Class X)
and the offender classification (Range II, persistent). As such, we
affirm the trial court's dismissal of the habeas petition.
http://www.tba.org/tba_files/TCCA/wallacegary.wpd
STATE OF TENNESSEE v. DOYLE ARNEL WHITLOCK
Court:TCCA
Attorneys:
Doyle Arnel Whitlock, Pro Se (on appeal); and Scott Pratt, Johnson
City, Tennessee (at trial), for the Appellant.
Paul G. Summers, Attorney General & Reporter; Preston Shipp, Assistant
Attorney General; Joe C. Crumley, Jr., District Attorney General; and
Steve Finney, Assistant District Attorney General, for the Appellee,
State of Tennessee.
Judge: WITT
First Paragraph:
The defendant, Doyle Arnel Whitlock, appeals from actions of the
Washington County Criminal Court in the aftermath of his multiple,
guilty-pleaded convictions, the denial of his motion to reduce his
sentences, and his filing of a document titled "Appeal of Conviction,"
which despite the title raised issues of guilty plea validity and
ineffective assistance of counsel. Upon our review, we dismiss the
appeal in part and remand for further proceedings in the trial court.
http://www.tba.org/tba_files/TCCA/whitlockdoylea.wpd
STATE OF TENNESSEE v. CHRISTOPHER L. WILLIAMS, COREY A. ADAMS, AND
ORTEGA WILTZ
Court:TCCA
Attorneys:
C. LeAnn Smith, Nashville, Tennessee, for the appellant, Christopher
L. Williams.
David M Hopkins, Nashville, Tennessee, for the appellant, Corey A.
Adams.
Ronald E. Munkeboe, Jr., Nashville, Tennessee, for the appellant,
Ortega Wiltz.
Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Bret T. Gunn, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: OGLE
First Paragraph:
The appellants, Christopher L. Williams, Corey A. Adams, and Ortega
Wiltz, appeal as of right from their convictions in the Davidson
County Criminal Court. Following a jury trial, Appellant Williams was
convicted of three counts of especially aggravated kidnapping,
Appellant Adams was convicted of three counts of facilitation of
especially aggravated kidnapping, and Appellant Wiltz was convicted of
two counts of facilitation of especially aggravated kidnapping.
Thereafter, the trial court sentenced Appellant Williams to a total
effective sentence of seventy-five years incarceration. Appellant
Adams was sentenced to a total effective sentence of thirty-six years
incarceration, and Appellant Wiltz was sentenced to a total effective
sentence of forty years incarceration. On appeal, the appellants
challenge the sufficiency of the evidence to sustain their convictions
and the sentences imposed by the trial court. Appellant Adams also
challenges the trial court's ruling that certain prior convictions
were admissible for the purpose of impeaching a defense witness.
Based upon our review of the record and the parties' briefs, we affirm
the judgments of the trial court.
http://www.tba.org/tba_files/TCCA/williamsadamswiltz.wpd
STATE OF TENNESSEE v. GARY WAYNE YOUNG
Court:TCCA
Attorneys:
Dwight E. Scott, Nashville, Tennessee, for the appellant, Gary Wayne
Young.
Paul G. Summers, Attorney General and Reporter; Michael Markham,
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 defendant, Gary Wayne Young, appeals as of right the Davidson
County Criminal Court's denial of his motion to withdraw his guilty
pleas to two Class B felony drug offenses and its imposition of
concurrent sentences of twenty-one years as a Range II, multiple
offender. He contends that his guilty pleas were involuntary and
unknowing because he was under the influence of narcotics when he
entered them and that the sentences are illegal because they are
outside of the range for a multiple offender convicted of a Class B
felony. We affirm the judgments of the trial court.
http://www.tba.org/tba_files/TCCA/younggarywa.wpd
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