BOBBIE D. GRAY, ET AL. v. THE CITY OF MEMPHIS, TENNESSEE, ET AL.
Court:TCA
Attorneys:
Robert L. J. Spence, Jr., Patti C. Bowlan, and Sara L. Hall, Memphis,
Tennessee, for the appellant, The City of Memphis, Tennessee.
Blakeley D. Matthews and Ben Rose, Nashville, Tennessee, for the
appellees, Bobbie D. Gray, The Association of City Retired Employees,
RX Shoppe, Inc., Rodney A. Tubbs, D.Ph., and the Tennessee Pharmacists
Association.
Judge: FARMER
First Paragraph:
The trial court permanently enjoined the City of Memphis from
modifying its health care plan to require enrollees to obtain
prescription medications through a mail-order pharmacy plan. We
affirm in part, reverse in part, and remand.
http://www.tba.org/tba_files/TCA/graybobbyd.wpd
TERESA McEWEN v. TENNESSEE DEPARTMENT OF SAFETY
Court:TCA
Attorneys:
Charles R. Ray and Jeffery S. Frensley, Nashville, Tennessee, for the
appellant, Teresa McEwen.
Paul G. Summers, Attorney General and Reporter, and Michael A. Meyer,
Assistant Attorney General, for the appellee, Tennessee Department of
Safety.
Judge: KOCH
First Paragraph:
This appeal involves the forfeiture of personal property seized
incident to a criminal investigation into the illegal sale of
controlled substances. The owner of the property filed a claim for
its recovery with the Tennessee Department of Safety. The Appeals
Division of the Department of Safety, overruling an administrative law
judge's initial order, ordered the forfeiture of all the seized
property except a pickup truck. Thereafter, the owner filed a
petition in the Chancery Court for Davidson County seeking judicial
review of the Appeals Division's forfeiture order. The trial court
affirmed the forfeiture order, and the owner of the property appealed.
Although we disagree with the trial court's reasoning, we likewise
affirm the forfeiture order.
http://www.tba.org/tba_files/TCA/mcewent.wpd
STATE OF TENNESSEE v. CASEY AUSTIN
Court:TCCA
Attorneys:
Paul G. Summers, Attorney General and Reporter; David E. Coenen,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and P.T. Hoover, Jr., Michael R. McCusker and David Zak,
Assistant District Attorney Generals, for the appellant, State of
Tennessee.
Robert Wilson Jones, Shelby County Public Defender; W. Mark Ward and
Tim Albers, Assistant Shelby County Public Defenders, for the
appellee, Casey Austin.
Judge: MCLIN
First Paragraph:
The State appeals the trial court's decision to dismiss the indictment
against the defendant, Casey Austin, without prejudice. For reasons
discussed below, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/austincasey.wpd
JAMES BEASLEY v. TONY PARKER, WARDEN
Court:TCCA
Attorneys:
James Beasley, pro se.
Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General, for the appellee, the State of Tennessee.
Judge: WILIAMS
First Paragraph:
The Petitioner James Beasley appeals the trial court's denial of his
petition for habeas corpus ad testificandum. The State has filed a
motion requesting that this Court affirm the trial court's denial of
relief pursuant to Rule 20, Rules of the Court of Criminal Appeals.
An appeal as of right does not exist from a denial of a petition for
habeas corpus ad testificandum. Accordingly, the above-captioned
appeal is dismissed.
http://www.tba.org/tba_files/TCCA/beasleyjames.wpd
BILLY JAMES MATTHEWS v. WARDEN GLENN TURNER
Court:TCCA
ORDER
http://www.tba.org/tba_files/TCCA/matthwsbillyj_ord.wpd
JOSHUA PATRICK THOMPSON v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
George Morton Googe, District Public Defender, and David H. Crichton,
Assistant Public Defender, for the appellant, Joshua Patrick Thompson.
Paul G. Summers, Attorney General and Reporter; Brent C. Cherry,
Assistant Attorney General; James G. Woodall, District Attorney
General; and Alfred L. Earls, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: WILLIAMS
First Paragraph:
The petitioner appeals the denial of his petition for post-conviction
relief. Specifically, he contends that the trial court erred (1) in
failing to find ineffective assistance of trial counsel, and (2) in
denying the petitioner's motion for a continuance. Following our
review, we affirm the denial of post-conviction relief.
http://www.tba.org/tba_files/TCCA/thmpsnjoshp.wpd
STATE OF TENNESSEE v. DENNIS WATSON
Court:TCCA
Attorneys:
Lanis L. Karnes, Jackson, Tennessee, and H. Rod Taylor, Assistant
Public Defender, for the appellant, Dennis Watson.
Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; C. Phillip Bivens, District Attorney
General, for the appellee, State of Tennessee.
Judge: MCLIN
First Paragraph:
The defendant, Dennis Watson, pled guilty to possession with the
intent to sell or deliver a controlled substance, Schedule II,
cocaine, in an amount over .5 grams, a Class B felony, in exchange for
a sentence of twelve years as a standard Range I offender in the
Department of Correction. The defendant reserved two certified
questions of law for this appeal: (1) whether the trial court erred in
denying his motion to dismiss based upon the right to a speedy trial;
and (2) whether the trial court erred in denying his motion to
suppress. After reviewing the issues, we affirm the judgment of the
trial court.
http://www.tba.org/tba_files/TCCA/watsondennis.wpd
Municipal Condemnation of State Property
Date: March 21, 2005
Opinion Number: 05-025
http://www.tba.org/tba_files/AG/2005/OP25.pdf
Appointment of General Sessions Court Officers
Date: March 21, 2005
Opinion Number: 05-026
http://www.tba.org/tba_files/AG/2005/OP26.pdf
General Legislation Authorizing Referenda on Increases in County
Property Tax Rates
Date: March 21, 2005
Opinion Number: 05-027
http://www.tba.org/tba_files/AG/2005/OP27.pdf
Deadline for Making Prorated Property Tax Assessments
Date: March 21, 2005
Opinion Number: 05-028
http://www.tba.org/tba_files/AG/2005/OP28.pdf
Law Enforcement Officers Safety Act of 2004
Date: March 21, 2005
Opinion Number: 05-029
http://www.tba.org/tba_files/AG/2005/OP29.pdf
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