MBNA AMERICA v. THE ESTATE OF LAVADA JONES
Court:TCA
Attorneys:
Walter E. Grantham, II, Chattanooga, Tennessee, for appellant.
L. Blair Bennington, Chattanooga, Tennessee, for appellee.
Judge: FRANKS
First Paragraph:
In this estate administration, the Trial Court allowed plaintiff's
claim. On appeal, we affirm.
http://www.tba.org/tba_files/TCA/2005/mbna71105.pdf
SLC, b/n/f EC and MC, v. ALDON JOE DANIEL and the AMATEUR ATHLETIC
UNION OF THE UNITED STATES, INC., AND AJC, b/n/f LAS, v. ALDON JOE
DANIEL, and the AMATEUR ATHLETIC UNION OF THE UNITED STATES, INC.
Court:TCA
Attorneys:
Aldon Joe Daniel, Jr., Wartburg, Tennessee, pro se.
Gary A. Brewer and Derrick A. Free, Nashville, Tennessee, for
appellees.
Judge: FRANKS
First Paragraph:
Defendant appealed the granting of summary judgment to his
co-defendant in plaintiffs' action against defendants. We dismiss the
appeal on grounds that notice of appeal was not timely filed.
http://www.tba.org/tba_files/TCA/2005/slc71105.pdf
WILBUR WATTS and wife, RUTH WATTS, v. HARVEY SHANNON and wife, JUDY
SHANNON and WILLIAM J. LEGGINS
Court:TCA
Attorneys:
Harold D. Balcom, Jr., Kingston, Tennessee, for appellants.
Sidney R. Seals, Oneida, Tennessee, for appellees.
Judge: FRANKS
First Paragraph:
In this boundary line dispute, the Trial Court established boundary
and awarded plaintiffs' damages against adjoining property owner and
his surveyor. On appeal, we affirm.
http://www.tba.org/tba_files/TCA/2005/wattsw71105.pdf
STATE OF TENNESSEE v. ANTHONY ALLEN
Court:TCCA
Attorneys:
William D. Massey (on appeal), Memphis, Tennessee and Brett Stein and
Steve Halmon (at trial), Memphis, Tennessee, for the appellant,
Anthony Allen.
Paul G. Summers, Attorney General and Reporter; Rachel E. Willis,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Thomas Hoover and Steve Crossno, Assistant District
Attorney Generals, for the appellee, State of Tennessee.
Judge: MCLIN
First Paragraph:
The defendant, Anthony Allen, was convicted by a Shelby County jury
and received an effective sentence of 124 years for numerous
aggravated rape and aggravated robbery charges consolidated into a
single trial. In this appeal, he argues: (1) the trial court erred in
consolidating the indictments; (2) the trial court erred by ordering
consecutive sentences; (3) the trial court erred in denying his motion
to suppress a post-arrest statement; (4) the evidence is insufficient
to support three of his convictions; and (5) the State failed to elect
the offense for which conviction was sought in two case numbers.
Following a thorough review of the record and applicable law, we
reverse one of the defendant's aggravated rape convictions and remand
it for a new trial, affirm the remaining judgments of conviction, and
remand the case for a new sentencing hearing to determine whether
consecutive sentencing is appropriate.
http://www.tba.org/tba_files/TCCA/2005/allena71105.pdf
PERCY FARRIS v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Ken Seaton, Selmer, Tennessee, for the appellant, Percy Farris.
Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; and Elizabeth Rice, District Attorney
General, for the appellee, State of Tennessee.
Judge: WELLES
First Paragraph:
The Defendant, Percy Farris, was convicted by a juryof attempt to
commit first degree premeditated murder and especially aggravated
robbery. His convictions were affirmed on direct appeal. See State v.
Percy Perez Farris, No. W2001-01787-CCA-R3-CD, 2002 WL 927430 (Tenn.
Crim. App., Jackson, May 8, 2002). The Defendant subsequently filed
for post-conviction relief alleging ineffective assistance of counsel.
After an evidentiary hearing, the trial court denied relief. This
appeal followed. We affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/2005/farrisp71105.pdf
STATE OF TENNESSEE v. MARICO FINNIE
Court:TCCA
Attorneys:
Charles E. Waldman, Memphis, Tennessee, for the appellant, Marico
Finnie.
Paul G. Summers, Attorney General and Reporter; Mark A. Fulks,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Paul Thomas Hoover, Jr., and W. Stephen Crossnoe,
Assistant District Attorneys General, for the appellee, State of
Tennessee.
Judge: TIPTON
First Paragraph:
A Shelby County Criminal Court Jury convicted the defendant, Marico
Finnie, of four counts of aggravated rape, a Class A felony, seven
counts of aggravated robbery, a Class B felony, and three counts of
facilitation of aggravated rape, a Class B felony, and the trial court
sentenced him to eight years for each robbery conviction, twenty years
for each rape conviction, and eight years for each facilitation of
aggravated rape conviction. The trial court ordered four of the
robbery convictions to be served concurrently with each other but
consecutively to the remaining robbery convictions and to the
convictions for rape and facilitation of rape. It then ordered the
remaining sentences for robbery, rape, and facilitation of rape to be
served consecutively for an effective sentence of 128 years in the
Department of Correction. The defendant appeals, claiming the trial
court's order imposing consecutive sentencing violates his right to
trial by jury. We affirm the trial court.
http://www.tba.org/tba_files/TCCA/2005/finniem71105.pdf
KENNETH RAY HAYNES v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Matthew M. Maddox, Huntingdon, Tennessee, for the appellant, Kenneth
Ray Haynes.
Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, Assistant
Attorney General; and Steven D. Jackson, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: WADE
First Paragraph:
The petitioner, Kenneth Ray Haynes, appeals the denial of his petition
for post-conviction relief. The single issue presented for review is
whether the petitioner was denied the effective assistance of counsel.
The judgment is affirmed.
http://www.tba.org/tba_files/TCCA/2005/haynesk71105.pdf
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