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W & F LAND COMPANY, et al. Plaintiffs/Appellees vs. CHEROKEE PLACE, et al. Defendants/Appellants JOHN R. FISER Intervening Plaintiff/Appellee vs. CHEROKEE PLACE, et al. Court:TCA Harold P. Stone and Anna F. Hinds, Stone & Hinds, P.C., Knoxville, For the Appellant, Cherokee Place. David Wilson Long, R. Louis Crossley, Jr., Andrew L. Colocotronis, Long, Ragsdale & Waters, P.C., Knoxville, For the Appellant, First Tennessee Bank National Association. Keith McCord, McCord, Troutman & Irwin, P.C., Knoxville, For the Appellee, W & F Land Company. George w. Morton, Jr., Morton & Morton, Knoxville, For the Appellee, C. Richard Bales. Raymond E. Lacey, Lacey & Winchester, P.C., Knoxville, For the Appellee, John R. Fiser. Wanda G. Sobieski, Sobieski, Messer & Assoc., Knoxville, For the Appellee, Haresh K. Mirani. Judge: INMAN First Paragraph: Many of the issues in this case are fact-driven, requiring a determination of the credibility of the witnesses; others are questions of law. Our review is de novo on the record, accompanied with a presumption of the correctness of the trial court's findings of fact unless the evidence preponderates against it. Tenn. R. App. P. 13(d). No presumption of correctness attaches to issues of law, Hill v. Tennessee Rural Health Improvement Assn., 882 S.W.2d 801 (Tenn. Ct. App. 1994), but we defer to the Chancellor with respect to the credibility of witnesses. Bowman v. Bowman, 836 S.W.2D 563 (Tenn. Ct. App. 1991). AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/BROCKLW_OPN.WP6 LYNNE W. BROCK vs. J. DONALD BROCK Court:TCA For Appellant For Appellee RICHARD W. BETHEA, JR. THOMAS O. HELTON NICOLE R. BARNETT Baker, Donelson, Bearman Stophel & Stophel, P.C. & Caldwell Chattanooga, Tennessee Chattanooga, Tennessee Judge: SUSANO First Paragraph: In this divorce case, the trial court dissolved a marriage of 31 years. The court granted the counter-plaintiff, J. Donald Brock (Husband), a divorce from the original plaintiff, Lynne W. Brock (Wife), on the ground of adultery; awarded Husband custody of the parties' four minor children, subject to Wife's liberal visitation rights; divided the parties' property; and denied Wife's request for alimony in futuro and counsel fees. Husband appealed. REVERSED IN PART, AFFIRMED IN PART, REMANDED WITH INSTRUCTIONS. URL:http://www.tba.org/tba_files/TCA/WFLANDCO_OPN.WP6 STATE OF TENNESSEE VS. MARQUETIA BROWN, Court:TCCA or Appellant: For Appellee: Monte D. Watkins Charles W. Burson 176 Second Avenue, North Attorney General & Reporter Suite 300 Nashville, TN 37201 Charlotte H. Rappuhn Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Dan Hamm Asst. District Attorney General Washington Square 222 Second Avenue, North Nashville, TN 37201-1649 Judge: WADE First Paragraph: The defendant, Marquetia Brown, was convicted of second degree murder for the shooting death of her husband, Frederick Brown. The trial court imposed a range one sentence of seventeen and one-half years. In this appeal of right, she challenges the sufficiency of the evidence and asserts that the sentence is excessive. AFFIRMED AS MODIFIED. URL:http://www.tba.org/tba_files/TCCA/BROWNMQ_OPN.WP6 STATE OF TENNESSEE VS. MARTHA JEAN FRAZIER Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: RANDALL A. YORK CHARLES W. BURSON P.O. Box 3549 Attorney General and Reporter Crossville, TN 38557 TIMOTHY F. BEHAN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 BILL GIBSON District Attorney General LILLIE ANN SELLS Assistant District Attorney General 145 S. Jefferson Avenue Cookeville, TN 38501 Judge: WELLES First Paragraph: This is an interlocutory appeal pursuant to Rule 9 of the Tennessee Rules of Appellate Procedure. The Defendant appeals from the trial court's determination that the District Attorney General did not abuse his discretion by denying pretrial diversion. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCAA/FRASIERM_OPN.WP6 STATE OF TENNESSEE, VS. HORACE C. GADDIS, Court:TCCA For Appellant: For Appellee: John T. Conners, III Charles W. Burson Counsel for the Appellant Attorney General & Reporter 134 Riverwood Drive Franklin, TN 37069 Karen M. Yacuzzo Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Mark Puryear Assistant District Attorney General P.O. Box 937 Franklin, TN 37065-0937 Judge: WADE First Paragraph: The defendant was convicted of aggravated burglary and theft over $500.00. The trial court imposed concurrent, range I sentences, six and two years, respectively. In this appeal of right, the defendant presents the following issues for review: (1) whether the trial court erred by ruling that the defendant's confession to the police was not the fruit of an unlawful arrest, and (2) whether the trial court erred by ruling that the delay in the prosecution did not deny the defendant a speedy trial. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/GADDISHC_OPN.WP6 MARVIN ANTHONY MATHEWS VS. FRED RANEY, WARDEN Court:TCCA For the Appellant: For the Appellee: Marvin Anthony Mathews Charles W. Burson Cold Creek Correctional Facility Attorney General and Reporter P.O. Box 1000 450 James Robertson Parkway Henning, TN 38041-1000 Nashville, TN 37243-0493 (Pro Se) Charlotte H. Rappuhn Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Lisa A. Naylor Legal Assistant Judge: BARKER First Paragraph: Appellant, Marvin Anthony Mathews, appeals the summary dismissal of his petition for writ of habeas corpus by the Lauderdale County Circuit Court. Appellant is serving a term of life imprisonment after being convicted in Shelby County of grand larceny and adjudicated a habitual offender in December of 1988. Acting pro se, appellant filed a petition for writ of habeas corpus on June 21, 1993. His petition asserts that the Habitual Offender Act under which he was sentenced in 1988 is unconstitutional and thereby the convicting court was without jurisdiction to order his confinement. On August 3, 1995, the trial court summarily dismissed appellant's petition without an evidentiary hearing, finding that the alleged statute was constitutional. We affirm the judgment. URL:http://www.tba.org/tba_files/TCCA/MATHEWMA_OPN.WP6 STATE OF TENNESSEE VS. GEORGE LEBRON MORGAN Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Robert N. Meeks Charles W. Burson Attorney at Law Attorney General & Reporter Parklon Building, Suite Six 4548 Brainerd Road Janet M. Kleinfelter Chattanooga, TN 37411 Assistant Attorney General Financial Division 500 Charlotte Avenue Nashville, TN 37243-0493 Gary D. Gerbitz District Attorney General Former) Yolanda D. Mitchell Asst. Dist. Attorney General 600 Market Street, Suite 310 Chattanooga, TN 37402 Judge: SUMMERS First Paragraph: The appellant, George Lebron Morgan, was convicted of second degree murder, aggravated robbery, and attempted aggravated robbery. He was sentenced to twenty years for second degree murder, ten years for aggravated robbery, and five years for attempted aggravated robbery. The second degree murder and the attempted robbery sentences were ordered to run consecutively. The aggravated robbery sentence was ordered to run concurrently. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/MORGANGL_OPN.WP6 STATE OF TENNESSEE VS. EDWARD THOMPSON Court:TCCA For the Appellant: For the Appellee: Susanna Laws-Thomas Charles W. Burson Assistant Public Defender Attorney General and Reporter Fourth Judicial District 102 Mims Avenue Darian B. Taylor Newport, TN 37821 Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Alfred C. Schmutzer, Jr. District Attorney General Sevier County Courthouse Suite 301 evierville, TN 37862 Richard R. Vance Assistant District Attorney 339-A E. Main St. Newport, TN 37821 Judge: BARKER First Paragraph: The appellant, Edward Thompson, appeals as of right his convictions in the Cocke County Circuit Court of attempted second degree murder, aggravated kidnapping, and theft of property over $1,000.00. As a Range II offender, appellant received respective sentences of twenty (20) years, twelve (12) years, and four (4) years. The latter two sentences were ordered to be served consecutively to the twenty (20) year sentence, but concurrent with each other. Appellant's effective sentence, therefore, is thirty-two (32) years. On appeal, appellant argues that the evidence was insufficient to support any of the guilty verdicts and that he should not have received consecutive sentences. As a part of his sufficiency issue, the appellant also contends that the trial court erred in failing to instruct the jury on the lesser offense of attempt to commit voluntary manslaughter. Finding no error, we affirm appellant's convictions and consecutive sentences. URL:http://www.tba.org/tba_files/TCCA/THOMPSNE_OPN.WP6 IMOTHY EARL WATERS VS. STATE OF TENNESSEE Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: RICHARD F. VAUGHN CHARLES W. BURSON 1928 -- 100 N. Main Attorney General & Reporter Memphis, TN 38103 ELLEN H. POLLACK Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 JOHN W. PIEROTTI District Attorney General ALANDA HORNE Asst. District Attorney General 201 Poplar Ave., Third Fl. Memphis, TN 38103 Judge: PEAY First Paragraph: The petitioner was convicted after a jury trial of first-degree murder and assault with intent to commit first-degree murder. His convictions were affirmed on direct appeal. He petitioned for post-conviction relief, alleging ineffective assistance of counsel at trial and on appeal and due process violations arising from the jury instructions; improper closing argument by the State; and the State's failure to provide exculpatory evidence. After an evidentiary hearing, the court below denied relief. The petitioner now appeals, adding as an issue that the court below erred by refusing to allow him to be present during his trial attorney's testimony. After a review of the record, we affirm. URL:http://www.tba.org/tba_files/TCCA/WATERSTE_OPN.WP6
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