Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts and the TN Attorney General.
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Document Name :WILLIAMS.OPN.WP6 Court :TSC For Appellant: For Appellee: Mark E. Stephens Charles W. Burson District Public Defender Attorney General & Reporter Sixth Judicial District Eugene J. Honea Paula R. Voss Assistant Attorney General Assistant Public Defender Criminal Justice Division 1209 Euclid Avenue 450 James Robertson Parkway Knoxville, TN 37921 Nashville, TN 37243-0493 Randall E. Nichols District Attorney General Marsha Selecman Asst. Dist Attorney General City-County Building Knoxville, TN 37902 First Paragraph: The petitioner, Lee Roy williams, appeals as of right from the summary dismissal of his petition for post-conviction relief. The trial court ruled that the action was barred by the three-year statute of limitations. The only question on appeal is whether the petitioner was improperly denied an evidentiary hearing. URL:http://www.tba.org/tba_files/TSC/WILLIAMS.OPN.WP6 Document Name :BURKS.OPN.WP6 Court :TCA Mark Ledbetter, Memphis, Tennessee Dan T. Bing, Memphis, Tennessee Attorneys for Plaintiff/Appellant. Joe D. Spicer, Marc O. Dedman, SPICER, FLYNN & RUDSTROM, Memphis, Tennessee Attorney for Defendant/Appellee Pride Construction Company, Inc. First Paragraph: Appellant, Gordon Burks, (Burks) brought this negligence action against Appellee, Pride Construction Company, Inc., (Pride) and various other defendants, in the Circuit Court of Shelby County. Pride's motion for summary judgment was granted and, from that judgment, Burks appeals. URL:http://www.tba.org/tba_files/TCA/BURKS.OPN.WP6 Document Name :EXPLOSIV.OPN.WP6 Court :TCA HOWARD G. HOGAN, GRESHAM & HOGAN, Knoxville, for Plaintiff Appellee. RON CUNNINGHAM, FINKELSTEIN, KERN, STEINBERG & CUNNINGHAM, Knoxville, for Defendant-Appellant. First Paragraph: In this action, plaintiff was awarded judgment for work performed under a contract, and defendant has appealed, insisting that plaintiff did not perform in accordance with the agreement between the parties. URL:http://www.tba.org/tba_files/TCA/EXPLOSIV.OPN.WP6 Document Name :HOOVER.OPN.WP6 Court :TCA THOMAS V. WHITE ROGER A. HORNER Tune, Entrekin & White P.O. Box 788 Twenty-First Floor Brentwood, TN First American Center ATTORNEY / RESPONDENT 315 Deaderick Street /APPELLEE ATTORNEY / PETITIONER CITY OF BRENTWOOD /APPELLANT JAMES D. PATERSON GEORGE A. DEAN 306 Court Square Parker, Lawrence, Cantrell & Dean Franklin, TN 200 Fourth Avenue, North ATTORNEY /RESPONDENT/APPELLEE 5th Floor, Noel Place WILLIAMSON COUNTY Nashville, TN ATTORNEY FOR PETITIONER /APPELLANT Herbert R. Rich JAMES L. MURPHY III 213 Third Avenue, North STEPHEN NUNN Nashville, TN 204 Metropolitan Courthouse ATTORNEY FOR RESPONDENT/APPELLEE Nashville, TN PAUL JOHNSON ATTORNEYS / RESPONDENT/APPELLEE METRO/ BOARD OF ZONING APPEALS METRO/ GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY ROBERT H. JENNINGS, JR. JAMES R. TOMKINS Jennings and Tomkins Nashville, Tennessee 37219 ATTORNEYS / RESPONDENT/APPELLEE EDWARD KNIGHT, BEVERLY KNIGHT, JAMES PHILLIP CARTER, MARIDEE CARTER, MARIE CARTER, WILLIAM CARTER, MARY JANE CARTER AND STOP THE QUARRY First Paragraph: This is an appeal by petitioner/appellant, Hoover Inc. ("Hoover"), from an order of the chancery court affirming the Metropolitan Board of Zoning Appeal's decision to deny Hoover's application for a conditional use permit. URL:http://www.tba.org/tba_files/TCA/HOOVER.OPN.WP6 Document Name :KELLER.OPN.WP6 Court :TCA JACK KELLER JORDAN S. KELLER 8282 Collins road Nashville, Tennessee 37221 Pro Se Plaintiffs/Appellants ROBERT L. SULLIVAN MANATT, PHELPS & PHILLIPS 1233 17th AvenueSouth Nashville, Tennessee 37212 Attorney for Defendants/Appellees First Paragraph: On June 28, 1994, Plaintiff Jack Keller sued the defendants in the Davidson County Circuit Court claiming a breach of fiduciary duty by fraudulently failing to disclose the contents of a contract amendment signed in 1960. Jordan Keller, to whom a part of the contract rights had been assigned, joined his father as plaintiff. URL:http://www.tba.org/tba_files/TCA/KELLER.OPN.WP6 Document Name :PEOPLES.OPN.WP6 Court :TCA STEPHEN G. ANDERSON Baker, Donelson, Bearman & Caldwell 900 Gay Street, S.W., Suite 2200 P. O. Box 1792 Knoxville, Tennessee 37901 ATTORNEY FOR PLAINTIFF/APPELLANT Walter W. Bussart Barbara G. Medley Bussart & Medley 101 West Commerce, Suite 306 Lewisburg, Tennessee 37091 ATTORNEYS FOR DEFENDANTS/APPELLEES First Paragraph: Plaintiff, People's Bank of Elk Valley ("People's Bank"), appeals from the trial court's order granting summary judgment to defendant, American Banker's Financial Services, Inc. ("American") and dismissing People's Bank's complaint. URL:http://www.tba.org/tba_files/TCA/PEOPLES.OPN.WP6 Document Name :UNDERWOO.OPN.WP6 Court :TCA SHADE T. UNDERWOOD Northeast Correctional Center P. O. Box 5000 Mountain City, Tennessee 37683-5000 PRO SE APPELLANT CHARLES W. BURSON Attorney General & Reporter MERRILYN FEIRMAN Assistant Attorney General 500 Charlotte Avenue Nashville, Tennessee 37243-0491 ATTORNEYS FOR RESPONDENTS/APPELLEES First Paragraph: This is an appeal by petitioner/appellant, Shade T. Underwood, Jr., from the trial court's dismissal of his petition for declaratory judgment and violations of civil rights. The sole issue presented by petitioner is "[w]hether the trial court properly dismissed the petition for want of prosecution." URL:http://www.tba.org/tba_files/TCA/UNDERWOO.OPN.WP6 Document Name :CRASS.OPN.WP6 Court :TCCA FOR THE APPELLANT FOR THE APPELLEE John E. Eldridge Charles W. Burson Ray, Farmer, Eldridge Attorney General & Reporter & Hickman 625 S. Gay Street, # 230 Christina S. Shevalier Knoxville, TN 37902 Assistant Attorney General 450 James Robertson Parkway Johnny Joe Crass, Jr. Nashville, TN 37243-0943 Pro se David E. Crockett District Attorney General Rte. 19 Box 99 Johnson City, TN 37801 First Paragraph: The appellant appealed from the summary dismissal of his petition for habeas corpus relief in which he alleged his continued incarceration was illegal because the sentence upon which he was being held had expired. The appellant specifically alleges that: URL:http://www.tba.org/tba_files/TCCA/CRASS.OPN.WP6 Document Name :FARMER.OPN.WP6 Court :TCCA FOR THE APPELLANT: FOR THE APPELLEE: Dale Potter Charles W. Burson District Public Defender Attorney General and Reporter P.O. Box 510 450 James Robertson Parkway 309 W. Morford Street Nashville, TN 37243-0493 McMinnville, TN 37110 (Trial Only) Amy L. Tarkington Asst. Attorney General/Reporter John E. Herbison 450 James Robertson Parkway 2016 Eighth Avenue South Nashville, TN 37243-0493 Nashville, TN 37204 (Appeal Only) William M. Locke District Attorney General Larry Ross Asst. District Attorney General P.O. Box 410 Professional Building McMinnville, TN 37110 First Paragraph: The appellant, Darryl Gene Farmer, appeals as of right pursuant to Rule 3 (b) of the Tennessee Rules of Appellate Procedure from his conviction of murder in the first degree following a jury trial in the Circuit Court for Warren County. The appellant was sentenced to life in prison. In this appeal he presents five (5) issues for our review. URL:http://www.tba.org/tba_files/TCCA/FARMER.OPN.WP6 Document Name :FITCH.OPN.WP6 Court :TCCA FOR APPELLANT: FOR APPELLEE: RAYMOND W. FRALEY, JR. CHARLES W. BURSON 205 E. Market Street ATTORNEY GENERAL & REPORTER P.O. Box 572 Fayetteville, TN 37334 EUGENE J. HONEA ASSISTANT ATTORNEY GENERAL RICHARD McGEE 450 James Robertson Parkway Washington Square Two Nashville, TN 37243-0485 Suite 417 222 Second Avenue, North Nashville, TN 37201 WEAKLEY E. BARNARD ASST. DISTRICT ATTORNEY GENERAL Marshall County Courthouse Lewisburg, TN 37091 First Paragraph: A Lincoln County jury convicted Carla Jo Fitch of murder in the first degree. The trial court approved the verdict and imposed a sentence of life in the Tennessee State Penitentiary for Women. Her motion for a new trial was denied, and she has appealed to this Court. The defense presents four main issues, of which the first three issues have sub-issues. URL:http://www.tba.org/tba_files/TCCA/FITCH.OPN.WP6 Document Name :FITCH.CON.WP6 Court :TCCA Attorneys: See Opinion above First Paragraph: I concur with Judge Cornelius' reversal of this case, but write separately to address other issues. URL:http://www.tba.org/tba_files/TCCA/FITCH.CON.WP6 Document Name :FITCH.DIS.WP6 Court :TCCA Attorneys: See Opinion above First Paragraph: I respectfully disagree with the conclusions my colleagues reach regarding the question of the trial court's actions as the thirteenth juror. I believe that the trial court's comments reflect a proper understanding of its duties as the thirteenth juror and that although expressing "some reservations" about the sufficiency of the evidence regarding the degree of homicide, it ultimately concluded that the evidence was sufficient so as to allow it to approve the jury's verdict. This reasoning process should be expected to be the norm for a strongly contested, close case, and I do not think it reflects a substantive dissatisfaction with the verdict. URL:http://www.tba.org/tba_files/TCCA/FITCH.DIS.WP6 Document Name :PORTER.OPN.WP6 Court :TCCA For the Appellant: For the Appellee: Shawn G. Graham Charles W. Burson Assistant Public Defender Attorney General of TN 605 E. Carroll Street and P.O. Box 260 Sharon S. Selby Tullahoma, TN 37388 Asst Attorney General of TN 450 James Robertson Parkway Nashville, TN 37243-0493 C. Michael Layne District Attorney General and Steve Weitzman Asst District AG Manchester, TN 37355 First Paragraph: The defendant, Arnold V. Porter, appeals from a jury conviction in the Circuit Court of Coffee County for two counts of reckless endangerment with a deadly weapon, a Class E felony. The defendant received two two-year sentences as a Range I, standard offender to be served concurrently in addition to a fine of twenty-five hundred dollars in each count. In this appeal as of right, he presents the following issues: URL:http://www.tba.org/tba_files/TCCA/PORTER.OPN.WP6 Document Name :SCOTT.OPN.WP6 Court :TCCA FOR THE APPELLANT: FOR THE APPELLEE: MARK J. FISHBURN CHARLES W. BURSON 100 Thompson Lane Attorney General and Reporter Nashville, TN 37211 CHRISTINA S. SHEVALIER ASSISTANT ATTORNEY GENERAL 450 James Robertson Parkway Nashville, TN 37243-0493 VICTOR S. JOHNSON III District Attorney General ROE ELLEN COLEMAN Assistant District Attorney General ROGER D. MOORE Assistant District Attorney General Washington Square Building, # 350 222 Second Avenue, North Nashville, TN 37201-1652 First Paragraph: The defendant, Randall Scott, was convicted of especially aggravated robbery, conspiracy to commit especially aggravated kidnapping, especially aggravated kidnapping, and attempted felony murder. The jury found the defendant not guilty of conspiracy to commit especially aggravated robbery. The trial court imposed sentences of 25, 12, 25, and 25 years, respectively, an aggregate term of 87 years. URL:http://www.tba.org/tba_files/TCCA/SCOTT.OPN.WP6 Document Name :SMITHGL.OPN.WP6 Court :TCCA FOR THE APPELLANT: FOR THE APPELLEE: CHARLES M. CORN CHARLES W. BURSON Public Defender Attorney General & Reporter P. O. Box 1453 Cleveland, TN 37364 DARIAN B. TAYLOR Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0485 JERRY N. ESTES District Attorney General P. O. Box 647 Athens, TN 37303 First Paragraph: The petitioner previously filed a petition for post-conviction relief seeking to set aside his guilty plea to second-degree burglary which was entered on October 12, 1976. This petition was dismissed by the trial court as having been barred by the statute of limitations. This Court remanded the matter to the trial court for the purpose of an evidentiary hearing to determine if the petition was in fact filed prior to the running of the statute. Smith v. State, 873 S.W.2d 5 (Tenn. Crim. App. 1993). URL:http://www.tba.org/tba_files/TCCA/SMITHGL.OPN.WP6 Document Name :william2.opn.WP6 Court :TCCA For Appellant: For Appellee: Charles W. Burson Jeffrey A. DeVasher Attorney General & Reporter Sr Asst Public Defender Michael E. Moore John Wiethe Solicitor General Cynthia Burns Assistant Public Defenders Gordon W. Smith Nashville, Tennessee Associate Solicitor General Nashville, Tennessee Roger Moore Assistant District Attorney General Nashville, Tennessee First Paragraph: We granted the State's appeal to consider whether the defendant's federal or state constitutional right of confrontation was violated by the admission into evidence of surveillance photographs taken at the scene of the robbery. The Court of Criminal Appeals decided that the defendant's constitutional right of confrontation was violated and that the evidence was insufficient as a matter of law to establish guilt beyond a reasonable doubt As a result, they reversed the trial court's judgment of conviction. URL:http://www.tba.org/tba_files/TCCA/william2.opn.WP6
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