| RODNEY WILSON, ET AL. v. GERALD W. PICKENS
Sam F. Cole, Jr., Memphis, Tennessee, for the appellant, Gerald W. Pickens.
Mimi Phillips and R. H. Chockley, Memphis, Tennessee, for the appellees, Rodney Wilson andRobbie Wilson.
The trial court determined Plaintiffs had standing to bring this malpractice action against theirattorney and that they properly filed the action within the statute of limitations under the discovery rule. The trial court apportioned fault between Plaintiffs, Defendant, and nonpartyShelby County. The court awarded Plaintiffs damages for costs incurred, but did not award damages for lost property value. We affirm the trial courtās determination that Plaintiffs hadstanding and brought their action within the limitations period. We reverse the trial courtās finding regarding causation, and hold Plaintiffs were at least 50% at fault in this case. Judgmentfor Plaintiffs is reversed.
ERNEST ANDERSON v. DAVID MILLS, WARDEN
Ernest Anderson, pro se.
Paul G. Summers, Attorney General & Reporter; Brian Clay Johnson, Assistant AttorneyGeneral, for the appellee, State of Tennessee.
This matter is before the Court upon the Stateās motion to affirm the judgment of the trial courtby opinion pursuant to Rule 20, Rules of the Court of Criminal Appeals. The Petitioner is appealing the trial court's denial of habeas corpus relief. A review of the record reveals that thePetitioner is not entitled to habeas corpus relief. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed.
STATE OF TENNESSEE v. LONNIE M. MACLIN
Claiborne H. Ferguson, Memphis, Tennessee, for the Appellant, Lonnie M. Maclin.
Paul G. Summers, Attorney General and Reporter; Seth P. Kestner, Assistant Attorney General;William L. Gibbons, District Attorney General; and Tim Hoover and Michelle Parks, Assistant District Attorney Generals, for the Appellee, State of Tennessee.
The Appellant, Lonnie M. Maclin, was convicted by a Shelby County jury of first degree felonymurder, attempted aggravated robbery, misdemeanor reckless endangerment, especially aggravated kidnapping, aggravated robbery, reckless aggravated assault, and two counts ofaggravated assault. As a result of these convictions, Maclin received an effective sentence of life imprisonment. On appeal, Maclin raises three issues for our review: (1) whether the indictmentwas invalid for failure to provide ćadequate notice of the offenses charged in the indictment, or the court erred in the instruction to the juryä; (2) whether the evidence is sufficient to support hisconviction for felony murder; and (3) whether his conviction for especially aggravated kidnapping violates State v. Anthony, 817 S.W.2d 299 (Tenn. 1991). After review of the record,we affirm the judgments of conviction.
STATE OF TENNESSEE v. JEROME MAYO
Russell Church (at trial) and Roger E. Nell (on appeal), Assistant Public Defenders, Clarksville, Tennessee, for the appellant, Jerome Mayo.
Paul G. Summers, Attorney General and Reporter; Benjamin A. Ball, Assistant Attorney General; John Carney, District Attorney General; and Dan Brollier, Assistant District Attorney General, for the appellee, State of Tennessee.
This is an appeal as of right from a conviction on a jury verdict of aggravated robbery, and an appeal by the State from the sentencing decision. The Defendant originally received an enhanced sentence of eighteen years as a Range II, multiple offender, but his sentence was subsequently reduced to fifteen years by the trial court based upon Blakely v. Washington, 124 S.Ct. 2531 (2004). On appeal, the Defendant argues there is insufficient evidence to support his conviction for aggravated robbery. The State appeals the modified sentence, arguing the trial court erred in reducing the Defendantās sentence. We affirm the judgment of the trial court as to the conviction, but remand for resentencing in accordance with this opinion.
STATE OF TENNESSEE v. LONNIE LEE OWENS
Robert T. Carter and Roger J. Bean, Tullahoma, Tennessee, for the appellant, Lonnie Lee Owens.
Paul G. Summers, Attorney General and Reporter; Brian C. Johnson, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Steve Blount, Assistant District Attorney General, for the appellee, State of Tennessee.
The Defendant, Lonnie Lee Owens, was convicted by a jury of second degree murder, abuse of a
corpse, and theft over $10,000. The trial court sentenced the Defendant as a Range I, standard
offender to twenty-five years for the murder, one year for the abuse of a corpse, and four years for
the theft. The trial court ordered these sentences to be served consecutively in the Department of
Correction for an effective term of thirty years. In this direct appeal, the Defendant challenges the
length of his sentence for the murder and also challenges the trial courtās order that his sentences be
served consecutively. We reduce the Defendantās sentence for the second degree murder conviction
to twenty-four years. We further reverse the trial courtās imposition of consecutive sentences.
NICHOLAS SANDERS v. STATE OF TENNESSEE
Nicholas Sanders, pro se.
Paul G. Summers, Attorney General & Reporter; Elizabeth Bingham Marney, Assistant AttorneyGeneral, for the appellee, the State of Tennessee.
The Petitioner, Nicholas Sanders, appeals the trial court's denial of his petition for habeas corpusrelief. 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. The Petitioner has failed toallege any ground that would render the judgment of conviction void. Accordingly, we grant the Stateās motion and affirm the judgment of the lower court.
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TN Attorney General Opinions
Opinion Number: 05-160