| TODAY'S OPINIONS: Tuesday, November 01, 2005
Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.
00 - TN Supreme Court
00 - TN Worker's Comp Appeals
00 - TN Supreme Court - Rules
01 - TN Court of Appeals
01 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR
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Howard H. Vogel
| CHARLES E. CREWS, D/B/A DEXTER RIDGE SHOPPING CENTER. v. MICHAEL L. CAHHAL, ET AL.
Keith V. Moore of Memphis, Tennessee for Appellants, Michael L. Cahhal, Bobbie S. Cahhal, Nancy Nichols, R. Bret Taylor, Kenneth Hill and Evelyn Lorraine Hendrix
Julie C. Bartholomew of Somerville, Tennessee for Appellee, Charles E. Crews d/b/a Dexter Ridge Shopping Center
This Court reversed a judgment of dismissal of Plaintiffās action and remanded the case for further proceedings. On remand, the court entered judgment for Plaintiff, as authorized by the appellate court, and also, on motion of Plaintiff, awarded attorney fees for the appeal. DefendantAppellants appeal, asserting that the award of attorney fees was not authorized by the appellate court and, therefore, the trial court did not have authority to award same. Appellants also assert that the award of attorney fees was excessive, and Appellee asserts, in a separate issue, that the award of fees was inadequate. Both parties appeal. We affirm and remand.
STATE OF TENNESSEE v. JACKIE J. PORTER
Ed Neal McDaniel, Savannah, Tennessee, for the appellant, Jackie J. Porter.
Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; G. Robert ćGusä Radford, District Attorney General; John W. Overton, Assistant District Attorney General; and Jerry Wallace, Assistant District Attorney General, for the appellee, the State of Tennessee.
Defendant, Jackie J. Porter, pled guilty to one count of possession of 0.5 grams or more of cocaine with intent to sell, manufacture or distribute, a Class B felony, and one count of simple possession of marijuana, a Class A misdemeanor. The length and manner of service of his sentences were left to the decision of the trial court. Following a sentencing hearing, the trial court sentenced Defendant as a Range I, standard offender, to eight years, six months for his Class B felony conviction, and eleven months, twenty-nine days for his Class A misdemeanor conviction. The trial court ordered Defendant to serve his sentences concurrently, for an effective sentence of eight years, six months. The trial court denied Defendantās request that he be placed on community corrections. Defendant does not challenge the validity of his guilty pleas or his sentence for his misdemeanor conviction. In his appeal, Defendant argues that the trial court erred in determining the length of his felony sentence and in denying Defendantās request for alternative sentencing. Upon review of the record, we conclude that the trial court erred in failing to state on the record its reasons for denying a sentence of community corrections. Accordingly, we affirm Defendantās convictions and the length of the sentence, but reverse the judgment as to the manner of service of the sentence, and remand for a new sentencing hearing regarding the manner of service of the sentence.