FREDDIE D. ALLEY v. McLAIN'S INC. LUMBER AND CONSTRUCTION, ET AL.
C. Christopher Raines, Jr., Mt. Carmel, Tennessee, for Appellants
Freddie D. Alley, Johnson- Johnson & Associates Real Estate and
Auction Co., and Hugh Kyle Johnson.
Phillip L. Boyd, Rogersville, for Appellees McLain's Inc. Lumber &
Construction and James McLain.
This case involves the wrongful cutting of timber on the plaintiff's
property. Freddie D. Alley brought this action against McLain's Inc.
Lumber and Construction, which cut and harvested timber from his
property after Defendant Stephen Snodgrass falsely represented to
McLain's that he owned the property and wanted to sell the timber.
McLain's filed a counter-complaint and a third-party complaint against
the co-owners of the property, alleging their comparative fault in
preparing and executing a contract for sale of the real estate to Mr.
Snodgrass. The case was tried to a jury, which found the co-owners
partially at fault, Mr. Snodgrass partially at fault, and no fault on
the part of McLain's. The issue presented is whether the trial court
erred in failing to set aside the jury verdict and grant a new trial.
We hold that based on stipulations prior to trial, there was no
material evidence of negligence on the part of the co-owners. We also
hold that the jury verdict is inconsistent. Therefore, we reverse the
judgment in part, vacate in part and remand for a new trial.
JEROME WILLIAM DEVEREAUX v. STATE OF TENNESSEE
WITH DISSENTING OPINION
Jeffery S. Schaarschmidt, Chattanooga, Tennessee, for the appellant,
Jerome William Devereaux.
Paul G. Summers, Attorney General and Reporter; and Renee W. Turner,
Assistant Attorney General; Al Schmutzer, Jr., District Attorney
General; and Charles L. Murphy, Assistant District Attorney General,
for the appellee, State of Tennessee.
The petitioner, Jerome William Devereaux, pled guilty in the Jefferson
County Circuit Court to attempted rape of a child and received a
sentence of twelve years incarceration in the Tennessee Department of
Correction, with release eligibility after service of thirty percent
of his sentence. Subsequently, the petitioner filed a petition for
post-conviction relief, alleging that his trial counsel was
ineffective. The post-conviction court dismissed the petition. The
petitioner appeals the denial, arguing that his counsel was
ineffective in his advice concerning the petitioner's plea and that
the trial court's imposition of a twelve-year sentence violated the
dictates of Blakelyv. Washington, 542 U.S. __, 124 S. Ct. 2531 (2004).
Upon review of the record and the parties' briefs, we affirm the
judgment of the post-conviction court.
Lack of County Authority to Assess and Audit Properties of
Date: June 8, 2005
Opinion Number: 05-092