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STATE OF TN, ET AL. V. WAYNE BURNS AND JOHNNIE S. DANIELS, AND JOHNNIE S. DANIELS V. WAYNE BURNS AND BETTY BRENT d/b/a BRENT BONDING COMPANY Court:TCA JOE P. BINKLEY Nashville, TN MARK A. ELLMORE Nashville, TN ATTORNEYS FOR RESPONDENT/APPELLANT BETTY BRENT d/b/a BRENT BONDING COMPANY JOSEPH F. ROSENBERG Dale, Rosenberg & McLean Nashville, TN ATTORNEY FOR DEFENDANT/PETITIONER/APPELLEE JOHNNIE S. DANIELS Judge:SAMUEL L. LEWIS This is an appeal by appellant, Betty Brent d/b/a Brent Bonding Company, from a decision of the chancery court which found that appellee, Johnnie S. Daniels, had properly redeemed the property purchased by Brent at a delinquent tax sale and which voided a quitclaim deed from Daniels to Wayne Burns. The facts out of which this matter arose are as follows. URL:http://www.tba.org/tba_files/TCA/BURNSW_OPN.WP6 CHRISTOPHER E. CLABOUGH VS. PATRICIA J. CLABOUGH Court:TCA Attorneys: PHILIP E. SMITH PHILLIP ROBINSON Nashville, TN Attorneys for Plaintiff/Appellant ROSE PALERMO CHEATHAM & PALERMO Nashville, TN Attorney for Defendant/Appellee Judge:BEN H. CANTRELL First Paragraph: There are two questions raised by the appellant in this appeal: (1) Did the trial court err by granting separate support and maintenance to the wife when no such relief was requested in the pleadings? and (2) Did the trial courts actions deprive the appellant of his right to due process? We affirm the judgment below but remand the cause for a determination of whether the separation is to be deemed temporary or perpetual. URL:http://www.tba.org/tba_files/TCA/CLABOUGH_OPN.WP6 IN RE: THE ESTATE OF SALLY B. COGGINS, deceased Court:TCA JERRY SHATTUCK, WITH SHATTUCK & ELLEGE, OF CLINTON, TN, FOR APPELLANT WILMA J. BOWMAN LYNN M. LAUDERBACK, WITH LAUDERBACK & LAUDERBACK, OF KINGSPORT, TN, and HUGH P. CLINE, WITH CLINE, ADKINS & CLINE, OF NORTON, VIRGINIA, FOR APPELLEE LUCILE B. CARTER Judge:Sanders First Paragraph: The pivotal issue on this appeal is, if an attorney in fact issues a check to a bank, drawn on the checking account of her principal, for which the bank issues a time certificate of deposit for the amount of the check in the name of the principal "or" the attorney in fact, and there is no specific provision in the power of attorney for such transaction and no signature card or contract relating to the certificate of deposit signed by either the principal or the attorney in fact, upon the death of the principal, which is entitled to the funds, the principal's estate or the attorney in fact? URL:http://www.tba.org/tba_files/TCA/COGGINS_OPN.WP6 CONTRACTORS HEATING & COOLING, INC., and JAMES T. REDD VS. PAUL L.DEVINE Court:TCA TODD E. PANTHER TUNE, ENTREKIN & WHITE Nashville, TN Attorney for Appellant GAIL P. PIGG Nashville, TN Attorney for Appellees Judge:ALAN E. HIGHERS First Paragraph: Plaintiff, James T. Redd, filed suit in the Chancery Court of Davidson County against defendant, Paul L. Devine, seeking to enforce a stock retirement agreement ("SRA"). The trial court held that the SRA was valid and enforceable. The trial court ordered Devine to convey his stock to the company for the price stated in the SRA. Devine has appealed, arguing that the SRA should not be enforced and that the company should be required to pay fair market value for his stock. URL:http://www.tba.org/tba_files/TCA/CONHEAT_OPN.WP6 CULTRA LANDSCAPING SUPPLY COMPANY VS. DIRECTOR OF HIGHWAYS DEPARTMENT OF TRANSPORTATION AND W. L. SHARPE CONTRACTING COMPANY, INC. AND CHARLES HILL, Individually and d/b/a C. H. HILL LANDSCAPE AND EXCAVATING Court:TCA Andrew H. Owens, LAW OFFICES OF DON OWENS, P.A., Memphis, TN, for Plaintiff/Appellant. Jeffery D. Parrish, BOROD & KRAMER, P.C., Memphis, TN, for Defendant/Appellee Charles Hill. Judge:FARMER First Paragraph: This is an action by the appellant, Cultra Landscaping Supply Company (Cultra), seeking to recover the balance allegedly due on an open account. Cultra's complaint, as amended, was filed against the Director of Highways, Department of Transportation, W. L. Sharpe Contracting Company, Inc. (Sharpe) and Charles Hill, individually and d/b/a C. H. Hill Landscape and Excavating (Hill). For purposes of this appeal, however, the only other party before us is Hill, the appellee. A bench trial resulted in a judgment for Hill. Cultra appeals on the sole basis that the evidence presented at trial preponderates against the trial court's findings. URL:http://www.tba.org/tba_files/TCA/CULTRA_OPN.WP6 DON CARLOS FORD v. BRENDA DIANNE FORD Court:TCA REX L. BRASHER, Brown, Brasher & Smith, Memphis, Attorney for Plaintiff. KAY FARESE TURNER, Turner & McGhee, Memphis, Attorney for Defendant. Judge:TOMLIN First Paragraph: Don C. Ford ("Husband") filed suit in the Circuit Court of Shelby County against Brenda D. Ford ("Wife") seeking a divorce on the grounds of either irreconcilable differences or inappropriate marital conduct. Wife filed a counter complaint seeking a divorce on the grounds of inappropriate marital conduct and adultery. At trial the parties stipulated to inappropriate marital conduct on the part of husband, who also had previously admitted to one or more acts of adultery in his pretrial deposition. Following a bench trial the court awarded wife the divorce. URL:http://www.tba.org/tba_files/TCA/FORDBD_OPN.WP6 MARILYN KENNEDY HENDON VS. ROBERT C. HENDON, JR Court:TCA MARLENE ESKIND MOSES Eisenstein, Moses & Mossman Nashville, TN Attorney for Plaintiff/Appellee JAMES H. DRESCHER Stokes & Bartholomew, P.A. Nashville, TN Attorney for Defendant/Appellant Judge:BEN H. CANTRELL First Paragraph: In this post-divorce proceeding, the trial judge modified a temporary award of rehabilitative support by changing it to a long-term award. The husband argues on appeal that there have been no unforeseen changes in circumstances since the divorce; that the lower court erred in not considering the fact that the wife will inherit a substantial estate from her parents; and that the court erred in relying on the fact that the husband's current wife has a substantial income. We affirm the trial court. URL:http://www.tba.org/tba_files/TCA/HENDONRC_OPN.WP6 WINSTON T. KNOWLES and LINDA KNOWLES VS. STATE OF TN, CHATEM, INCORPORATED, PHILIP E. COX and EMILY B. COX Court:TCA JOHN C. CAVETT, JR., Cavett & Abbott, Chattanooga, for Appellants. DAVID W. NORTON, and WM. SHELLEY PARKER, JR., Chattanooga, for Appellees. Judge:McMurray First Paragraph: This action was originally filed against the defendants listed in the caption. The complaint was later amended, however, and The City of Chattanooga and Hamilton County were added as defendants and the defendant, State of TN was dismissed from the action. The complaint sought to have a tax sale of certain properties claimed by the plaintiffs set aside. The trial court denied relief. URL:http://www.tba.org/tba_files/TCA/KNOWLESW_OPN.WP6 RHONDA REAGAN VS. JOHN REAGAN Court:TCA MARTHA MEARES, Maryville, and JOHN E. McDONALD, JOYCE, MEREDITH, FLITCROFT & NORMAND, Oak Ridge, for Appellee. ROBERT N. GODDARD, GODDARD & GAMBLE, Maryville, for Appellant. Judge:Franks First Paragraph: In this divorce action, the husband questions the nature and extent of the alimony awards made to the wife. URL:http://www.tba.org/tba_files/TCA/REAGANR_OPN.WP6 JAMES YETT WEST VS. JUDY SCARBROUGH WEST and JEANNE WEST BENNETT Court:TCA JERROLD L. BECKER OF KNOXVILLE FOR APPELLANT ROBERT R. SIMPSON OF KNOXVILLE FOR APPELLEE Judge:Goddard First Paragraph: This appeal questions the Trial Court's granting a $13,190.37 judgment in favor of Jeanne West Bennett against her father, James Yett West in a divorce suit between her parents, in which Ms. Bennett intervened. URL:http://www.tba.org/tba_files/TCA/WESTJS_OPN.WP6 WALLACE BUTLER VS. BLACKWOOD, RICKY BELL, WARDEN, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: GARY ANTRICAN CHARLES W. BURSON Public Defender Attorney General & Reporter SHANA McCOY-JOHNSON MARY ANNE QUEEN Asst. Public Defender Legal Assistant 118 East Market St. -and- Somerville, TN 38068-0700 ELLEN H. POLLACK Asst. Attorney General ELIZABETH T. RICE District Attorney General Judge:JOHN H. PEAY First Paragraph: The petitioner was convicted by a jury of five counts of armed robbery, four of which were affirmed and one of which was reversed and dismissed by this Court in an opinion filed on March 6, 1985. Application for permission to appeal to the Supreme Court was denied on June 10, 1985. The petitioner subsequently filed a petition for writ of habeas corpus on May 24, 1995, which the court below treated as one for post-conviction relief and dismissed without a hearing on the basis that it was time-barred. He contends that this summary dismissal was improper. URL:http://www.tba.org/tba_files/TCCA/BUTLERW_OPN.WP6 STATE OF TN VS. CHRISTIAN DALE JOHNSON Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: W. JEFFERY FAGAN CHARLES W. BURSON Assistant District Public Defender Attorney General and Reporter P.O. Box 663 Camden, TN 38320 SARAH M. BRANCH Counsel for the State ROBERT RADFORD District Attorney General Judge:DAVID H. WELLES First Paragraph: The Defendant, Christian Johnson, appeals as of right pursuant to Rule 3 of the TN Rules of Appellate Procedure. He was convicted by a Henry County jury of aggravated sexual battery and aggravated burglary. For the aggravated sexual battery, he was sentenced as a Range I offender to serve eight years in the Department of Correction. For the aggravated burglary, he was sentenced as a Range I offender to three years to be served concurrently with the other sentence. The Defendant appeals his conviction. URL:http://www.tba.org/tba_files/TCCA/JOHNSONC_OPN.WP6 STATE OF TN VS. WILLIE H. JOHNSON Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: A. C. WHARTON CHARLES W. BURSON Public Defender Attorney General WALKER GWINN CYRIL V. FRASER Assistant Public Defender Assistant Attorney General JOHN W. PIEROTTI District Attorney General TERRELL HARRIS Assistant District Attorney General Judge:DAVID H. WELLES First Paragraph: This is an appeal as of right pursuant to Rule 3 of the TN Rules of Appellate Procedure. A Shelby County jury found the Defendant guilty of burglary. The trial judge found the Defendant to be a career offender and sentenced him to twelve years in the Department of Correction. In this appeal, he argues that the evidence presented at trial was insufficient to support the jury's finding of guilt beyond a reasonable doubt. URL:http://www.tba.org/tba_files/TCCA/JOHNSONW_OPN.WP6 JAMES LIGGINS VS. STATE OF TN Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: C. Anne Tipton Charles W. Burson Attorney at Law Attorney General & Reporter 240 North Third Street Memphis, TN 38103 Robin L. Harris Assistant Attorney General John W. Pierotti District Attorney General James Challen Asst. Dist. Attorney General Judge:PAUL G. SUMMERS First Paragraph: The appellant, James Liggins, pled guilty to one count of aggravated robbery and received a nine year sentence. Thereafter, he filed for post conviction relief alleging that he received ineffective assistance of counsel. Following an evidentiary hearing, the trial court denied the petition. URL:http://www.tba.org/tba_files/TCCA/LIGGINS_OPN.WP6 STATE OF TN VS. MALUNDA L. MYERS w/DISSENTING OPINION & SEPARATE CONCURRING OPINION Court:TCCA For the Appellant: For the Appellee: James V. Ball Charles W. Burson Attorney at Law Attorney General and Reporter 217 Exchange Avenue Memphis, TN 38105 Ellen H. Pollack Assistant Attorney General John W. Pierotti District Attorney General Thomas Hoover and Reginald R. Henderson Asst. District Attorneys General Judge:David G. Hayes First Paragraph: The appellant, Malunda L. Myers, appeals from the verdict entered by a Shelby County jury finding him guilty of first degree murder and setting his punishment at life imprisonment. On appeal, the appellant raises the single issue of whether the evidence presented at trial was sufficient to support a conviction for first degree murder. Specifically, the appellant contends that the State failed to prove the requisite elements of premeditation and deliberation beyond a reasonable doubt. URL:http://www.tba.org/tba_files/TCCA/MYERSML_OPN.WP6 URL:http://www.tba.org/tba_files/TCCA/MYERSML_DIS.WP6 URL:http://www.tba.org/tba_files/TCCA/MYERSML_CON.WP6 STATE OF TN VS. GARY RUSSELL Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: DANIEL TAYLOR CHARLES W. BURSON Assistant Public Defender Attorney General and Reporter 227 West Baltimore Street Jackson, TN 38301 WILLIAM DAVID BRIDGERS Assistant Attorney General JAMES G. (JERRY) WOODALL District Attorney General DONALD H. ALLEN Assistant District Attorney General Judge:CORNELIA A. CLARK First Paragraph: Defendant was indicted for violation of the worthless check law under T.C.A. S39-14-121. He was convicted by a jury on June 8, 1995, and sentenced by the court on June 11, 1995, to four years as a Range I standard offender. On appeal, he argues that the trial court erred in denying his motion for a judgment of acquittal. URL:http://www.tba.org/tba_files/TCCA/RUSSELLG_OP2.WP6 CALVIN SHAZEL, v. STATE OF TN Court:TCCA For Appellant: Katherine J. Kroeger Assistant Public Defender Office of the Public Defender For Appellee: Charles W. Burson Attorney General & Reporter Eugene J. Honea Assistant Attorney General Criminal Justice Division Jan Hicks Assistant District Attorney General Judge: GARY R. WADE First Paragraph: The petitioner, Calvin Shazel, appeals the trial court's denial of post conviction relief. Two issues are presented for review: (1) whether the petitioner received the effective assistance of counsel, and (2) whether the petitioner waived his right to seek post-conviction relief. URL:http://www.tba.org/tba_files/TCCA/SHAZEL_OPN.WP6 STATE OF TN,v. LEE RUSSELL TOWNES, Court:TCCA For Appellant: For Appellee: Guy T. Wilkinson Charles W. Burson District Public Defender Attorney General & Reporter Billy Roe Clinton J. Morgan Assistant Public Defender Assistant Attorney General Robert Radford District Attorney General Eleanor Cahill Assistant District Attorney General Judge: GARY R. WADE First Paragraph: The defendant, Lee Russell Townes, was convicted of felony murder, burglary and theft of property under $500.00. The trial court imposed a Range I, four-year sentence for the burglary conviction and an eleven-month, twenty-nine day sentence for the theft conviction. The sentences are concurrent. The life sentence for the felony murder is to be served consecutive to the other two terms. URL:http://www.tba.org/tba_files/TCCA/TOWNESLR_OPN.WP6 STATE OF TN, v. TALMADGE G. WILBANKS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: THOMAS M. VETETO CHARLES W. BURSON Suite 1922 Attorney General and Reporter 100 North Main Building Memphis, TN 38103 ROBIN L. HARRIS Assistant Attorney General JOHN W. PIEROTTI District Attorney General ROBERT CARTER Assistant District Attorney General Judge: DAVID H. WELLES First Paragraph: The Defendant, Talmadge G. Wilbanks, appeals as of right pursuant to Rule 3 of the TN Rules of Appellate Procedure. He was convicted by a Shelby County jury of reckless driving and unlawful carrying of a weapon. The trial court sentenced him to ten days for each offense, with the sentences to run concurrently, and imposed a two hundred fifty dollar ($250) fine. The trial court suspended the sentences and placed the Defendant on probation for six months. In this appeal, the Defendant argues that the trial judge abused his discretion by denying him judicial diversion. URL:http://www.tba.org/tba_files/TCCA/WILBANKS_OPN.WP6
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