STATE OF TENNESSEE ex rel. WILLIAM L. GIBBONS, DISTRICT ATTORNEY
GENERAL v. CLUB UNIVERSE
Court:TCA
Attorneys:
Jeffrey Jones, Bartlett, for respondent/appellant Club Universe
Lyndsay Fuller Hood, Assistant Attorney General and Steven A. Hart,
Special Counsel, Office of the Tennessee Attorney General, Nashville,
for petitioner/appellee State of Tennessee
Judge: KIRBY
First Paragraph:
This is a public nuisance case. The Shelby County district attorney
general filed a petition in general sessions court, asking the court
to declare a local nightclub a public nuisance and to enjoin the
nightclub from further operation. This division of the general
sessions court was designated as an environmental court pursuant to
Tennessee statute. After a hearing, the environmental court found that
the nightclub was a public nuisance and permanently enjoined operation
of the nightclub. The nightclub appealed this ruling to both the
circuit court, requesting de novo review, and to this Court. The
circuit court held that it did not have jurisdiction to hear the
appeal because the appeal would lie with this Court. Because the
environmental court had concurrent jurisdiction with the circuit
court, we affirm the trial court's holding that the appeal from
environmental court lies in this Court. Further, we affirm the
environmental court's finding that the nightclub is a public nuisance
and the grant of a permanent injunction.
http://www.tba.org/tba_files/TCA/2005/clubu72605.pdf
STATE OF TENNESSEE v. JAMES T. BRACKINS
CORRECTED OPINION (ORIGINALLY ISSUED 7-20-2005)
Court:TCCA
Attorneys:
G. Kenneth Gilleland, Sevierville, Tennessee, for the appellant, James
T. Brackins.
Paul G. Summers, Attorney General & Reporter; Blind Akrawi, Assistant
Attorney General; Al Schmutzer, Jr., District Attorney General; Steven
R.Hawkins, Assistant District Attorneys General, for the appellee,
State of Tennessee.
Judge: SMITH
First Paragraph:
The appellant, James T. Brackins, pled guilty to robbery. As part of
the plea agreement, the appellant received a six (6) year sentence.
After a sentencing hearing, the trial court ordered the appellant to
serve the sentence in incarceration. On appeal, the appellant argues
that the trial court erred in denying alternative sentencing. We
affirm the judgment of the trial court.
CORRECTED OPINION
http://www.tba.org/tba_files/TCCA/2005/brackinsj72605.pdf
SAMUEL PENDERGRASS v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Ruth H. DeLange, Chattanooga, Tennessee, for the Appellant, Samuel
Pendergrass.
Paul G.Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; and Boyd Patterson, Assistant District
Attorney General, for the Appellee, State of Tennessee.
Judge: HAYES
First Paragraph:
The Appellant, Samuel Pendergrass, appeals the Hamilton County
Criminal Court's denial of his petition for post-conviction relief. On
appeal, Pendergrass argues that his guilty pleas to four misdemeanor
counts of passing worthless checks and one count of felony theft of
property over $1,000 were not knowing and voluntary due to the
ineffective assistance of counsel. After review, the judgment of the
post-conviction court is affirmed.
http://www.tba.org/tba_files/TCCA/2005/pendergrasss72605.pdf
STATE OF TENNESSEE v. THOMAS WHITE, JR.
Court:TCCA
Attorneys:
Daniel J. Ripper, Chattanooga, Tennessee, for the appellant, Thomas
White, Jr..
Paul G. Summers, Attorney General & Reporter; Seth P. Kestner,
Assistant Attorney General; Bill Cox, District Attorney General; C.
Parke Masterson and Rodney C. Strong, Assistant District Attorneys
General, for the appellee, State of Tennessee.
Judge: SMITH
First Paragraph:
After pleading guilty to various charges, the appellant, Thomas White,
Jr., was placed on intensive probation for seven (7) years in 2002. In
February of 2003, the appellant was arrested twice for violation of
the Motor Vehicle Offencer Act, Tennessee Code Annotated sec.
55-10-616. A probation violation warrant was issued against the
appellant. After a bench trial, the appellant was found guilty of both
counts of violating Tennessee Code Annotated sec. 55-10-616. As a
result, the trial court revoked the appellant's probation and ordered
the appellant to serve an effective fourteen (14) year sentence.
Because we are unable to discern the trial court's intentions from
either the transcript of the hearing or the judgments, we reverse and
remand this case for entry of corrected and clarified judgments.
http://www.tba.org/tba_files/TCCA/2005/whitet72605.pdf
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