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Howard H. Vogel
MARCIA KEETON v. THELMA RUTH DANIEL, ET AL.
J. Daniel Freemon, Lawrenceburg, Tennessee, for the appellants, Thelma Ruth Daniel, Jeffery
Daniel, Lisa Brown and Joan Inman.
Paul B. Plant, J. Christopher Williams, Lawrenceburg, Tennessee, for the appellee, Marcia Keeton.
This case involves a dispute over the ownership of a Wayne County home between the mother of
a man who died intestate at age forty-seven and the woman who was her son's long-time companion.
The home was purchased by the son and his companion together, but it was titled solely in the name
of the son. The couple never married, but they held themselves out as husband and wife for many
years, including the eight years they lived together in the house. The mother claimed that she was
entitled to inherit the house as her son's heir-at-law. The companion argued that she was the rightful
owner of the house under a theory of common-law marriage. The trial court rejected that theory, but
imposed a resulting trust on the house in the companion's favor because of her substantial
contribution to its acquisition and maintenance. The mother argues on appeal that the court should
have awarded her the disputed house or, in the alternative, that it should have awarded her one-half
of the property, because the companion's contribution amounted to less than half of its actual cost.
We affirm the trial court's declaration of a resulting trust, but hold that it should be limited to one-
half the property or its equivalent value.
CHRISTINE ELTRIEDE RICKETTS v. DAVID HAROLD RICKETTS
Christine Zellar Church, Clarksville, Tennessee, for the appellant, Christine Eltriede Ricketts.
Larry B. Watson, Clarksville, Tennessee, for the appellee, David Harold Ricketts.
This case involves an alimony award. The parties were married in 1986 when they were both
forty-four (44) years old. No children were born of the marriage, but the parties adopted the
wife's grandson. In 1996, the parties agreed to a legal separation. The wife was given sole
custody of the grandson, and the husband paid support. Seven years later, the husband filed a
petition for an absolute divorce. After a trial, the wife was awarded a legal separation and $250
per month in transitional alimony for two years. The wife now appeals, claiming that the trial
court erred in denying her request for alimony in futuro. In light of the deference accorded to the
trial court on issues of spousal support, we affirm.
THE ESTATE OF DISA TRUE, PAUL JUSTICE, ADMINISTRATOR v. WILLIAM BRYANT PADGETT, ET AL.
Mary Katherine Longworth, Loudon, Tennessee for the Appellant, The Estate of Disa True, Paul
A. Wayne Henry, Loudon, Tennessee, for the Appellees, William Bryant Padgett and Wende Padgett.
The Estate of Disa True, Paul Justice, Administrator (the Estate) sued William Bryant Padgett
and Wende Padgett seeking, in part, the return to the Estate of monies the Padgetts obtained from
Disa True's SunTrust checking account (the Account). After a trial, the Trial Court entered an
order dismissing the case based, primarily, upon its finding that the Account was owned by Ms.
True, Mr. Padgett, and Ms. Padgett as joint owners with right of survivorship. The Estate
appeals claiming that the Trial Court erred in holding that the Account was a joint account with
right of survivorship and also that the Trial Court erred in excluding testimony under Tenn. Code
Ann. Section 24-1-203, the Dead manís statute. We affirm.
JAMES M. GRANT V. STATE OF TENNESSEE and HOWARD
James M. Grant, Pro Se, Mountain City, Tennessee.
Paul G. Summers, Attorney General & Reporter; Renee W. Turner, Assistant Attorney General,
for the appellee, State of Tennessee.
This matter is before the Court upon the State's motion to affirm the judgment of the habeas
corpus court by memorandum opinion pursuant to Rule 20 of the Rules of the Court of Criminal
Appeals. The petitioner has appealed the habeas corpus court's order summarily dismissing the
petition for writ of habeas corpus. Upon a review of the record in this case, we are persuaded
that the habeas corpus court was correct in summarily dismissing the habeas corpus petition and
that this case meets the criteria for affirmance pursuant to Rule 20 of the Rules of the Court of
Criminal Appeals. Accordingly, the State's motion is granted and the judgment of the habeas
corpus court is affirmed.
STATE OF TENNESSEE v. RICK HANEBUTT
Guy T. Wilkinson, District Public Defender, Camden, Tennessee, for the appellant, Rick Hanebutt.
Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General;
Robert Radford, District Attorney General; and John W. Overton and Steve Jackson, Assistant
District Attorneys General, for the appellee, State of Tennessee.
The defendant, Rick Hanebutt, was convicted of first degree premeditated murder and attempted first
degree premeditated murder. He received a sentence of life imprisonment for his murder conviction
and a concurrent twenty year sentence for his attempted first degree murder conviction. On appeal,
the defendant raises three issues for our review: (1) whether the evidence was sufficient to support
his convictions; (2) whether the state failed to comply with discovery pursuant to Rule 16 of the
Tennessee Rules of Criminal Procedure; and (3) whether the trial court erred in denying the
defendant's motion to change venue. Following our review of the parties' briefs and the applicable
law, we affirm the judgments of the trial court.
STATE OF TENNESSEE v. JAMES HOWARD THEUS, III
Gregory D. Gookin, Assistant Public Defender, Jackson, Tennessee, for the appellant, James Howard
Paul G. Summers, Attorney General and Reporter; Brian Clay Johnson, Assistant Attorney General;
Jerry Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General,
for the appellee, State of Tennessee.
The defendant, James Howard Theus, III, entered a best interest plea to facilitation of rape of a child.
He was sentenced to eight years in the Tennessee Department of Correction, suspended after service
of eleven months and twenty-nine days, with the remainder on intensive probation. Thereafter, the
trial court revoked the defendant's probation and placed his sentence into effect. On appeal, the
defendant challenges the trial court's revocation of his probation. Upon our review of the record and
the parties' briefs, we affirm the judgment of the trial court.
Constitutionality of Felon Restoration Statute
TN Attorney General Opinions
Opinion Number: 06-148
Authority to Investigate Animal Abuse Cases
TN Attorney General Opinions
Opinion Number: 06-149
City's Authority to Contract for Enforcement of Traffic Signals and Speed Limits
TN Attorney General Opinions
Opinion Number: 06-150
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