WARREN TYWON FOWLER v. JOY R. McCROSKEY, IN HER OFFICIAL CAPACITY AS CLERK OF THE CRIMINAL COURT OF KNOX COUNTY - Articles

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Posted by: Barry Kolar on Jul 31, 2014

Court: TN Court of Appeals

Attorneys 1:

Warren Tywon Fowler, Whiteville, Tennessee, Pro Se.

Attorneys 2:

Charles F. Sterchi, III, Deputy Law Director, Knoxville, Tennessee, for the appellee, Joy R. McCroskey.

Judge(s): FRIERSON

The plaintiff, a state prison inmate, appeals the trial court’s grant of summary judgment in favor of the defendant criminal court clerk. The plaintiff alleges that the court clerk induced a breach of contract by assessing him with court costs he asserts the State agreed to waive in return for his pleading guilty to felony charges. The trial court found that the plaintiff could not use his affidavit to raise a genuine issue of material fact regarding an alleged oral promise made by the prosecutor when the criminal judgments and written plea agreement, taken together, unambiguously assessed court costs to the plaintiff. The court therefore found that the plaintiff was unable to prove an essential element of his claim. Discerning no error, we affirm.

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