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JACK H. BLAIR, v. SARAH CAMPBELL, Court:TSC For Plaintiff-Appellant: For Defendant-Appellee: R. Sadler Bailey William W. Dunlap, Jr. Law Offices of Bailey Harris, Shelton, Dunlap & Associates & Cobb Memphis, Tennessee Memphis, Tennessee First Paragraph: In this premises liability case the plaintiff, Jack H. Blair, appeals from the Court of Appeals affirmance of the summary judgment granted in favor of the defendant, Sarah Campbell. The issue for our determination is whether the defendant, the owner of the premises, owed to the plaintiff, an independent contractor hired by the defendant to repair a leaking roof, a duty to provide a reasonably safe place to work under the facts of this case. Although a premises owner generally owes a contractor the duty to provide a reasonably safe workplace, we conclude that this duty does not apply when the contractor is injured while making the specific repairs called for in the contract. Since it is undisputed that the plaintiff was so injured in this case, we affirm the judgment of the Court of Appeals and the trial court. Judge: FRANK F. DROWOTA III JUSTICE URL:http://www.tba.org/tba_files/TSC/BLAIRJAC.OPN.WP6 MARK KOCH, d/b/a COMMERCIAL PAINTING COMPANY, INC., v. CONSTRUCTION TECHNOLOGY, INC., and FIDELITY AND DEPOSIT COMPANY OF MARYLAND, Court:TSC For Plaintiff-Appellant: For Defendants-Appellees: Michael I. Less David A. Velander Scott A. Frick Craig M. Beard Less, Getz & Lipman Novick, Velander & Anderson Memphis, Tennessee Memphis, Tennessee Amicus Curiae: Gerald B. Kirksey Patricia C. Kussman Wesley Kliner David R. Kendrick William D. Flatt American Subcontractors Assn. First Paragraph: This case involves a contract dispute between Mark Koch (d/b/a Commercial Painting Company, Inc.) and Construction Technology, Inc., (CTI), the former a painting subcontractor and the latter the general contractor on a construction project owned by the Memphis Housing Authority (MHA). The issues for our determination are as follows: (1) whether the Court of Appeals erred in construing the pay when paid clause in the subcontract as a condition precedent, thereby making Kochs right to payment dependent upon CTIs receipt of payment from MHA; and (2) whether the Court of Appeals erred in construing the bond given by CTI to Koch as a statutory bond rather than a common law bond, which had the effect of precluding Kochs right of action against Fidelity and Deposit Company of Maryland (FDCM), the surety on the bond. For the following reasons, we hold that the Court of Appeals erred on both issues; therefore, we reverse the judgment of that court and remand the cause for further proceedings. Judge: FRANK F. DROWOTA III JUSTICE URL:http://www.tba.org/tba_files/TSC/KOCHMARK.OPN.WP6 STATE OF TENNESSEE, v. DAVID R. SHELTON, Court:TSC For Appellee: For Appellant: Charles W. Burson Gregory D. Smith Attorney General & Reporter Clarksville, Tennessee Michael E. Moore Solicitor General Gordon W. Smith Associate Solicitor General Nashville, Tennessee Steve Garrett Assistant District Attorney General Clarksville, Tennessee First Paragraph: This case presents the question of whether a trial court may, pursuant to Tenn. Code Ann. 55-10-403(b)(2), waive the mandatory fine for driving under the influence (DUI) if the defendant is found to be indigent. Because we conclude that the court does have this authority, we reverse the judgment of the Court of Criminal Appeals and remand the case for further proceedings. Judge: FRANK F. DROWOTA III JUSTICE URL:http://www.tba.org/tba_files/TSC/SHELTOND.OPN.WP6 EARL GENE HESS, JR., Individually, and A/N/F FOR MINORS ELIZABETH GRACE HESS and EARL GENE HESS, JR. v. PATRICIA LOUISE HESS Court:TCA EARL GENE HESS, APPELLANT, PRO SE DAIL R. CANTRELL, WITH CANTRELL, PRATT & VARSALONA, OF CLINTON, TENNESSEE, FOR APPELLEE First Paragraph: This case is a classic example of a husband's abusing the legal process to harass his ex-wife. Judge: Clifford E. Sanders, Sp.J. URL:http://www.tba.org/tba_files/TCA/46HESS.OPN.WP6 ELIZABETH B. MORRISON v. RICHARD T. MORRISON Court:TCA DENISE S. TERRY, WITH TERRY, TERRY & STAPLETON, OF MORRISTOWN, TENNESSEE, and D. SCOTT HURLEY, WITH HURLEY, SHARP & ATTANASIO, OF KNOXVILLE, TENNESSEE, FOR APPELLANT RICHARD C. JESSEE and MARK A. COWAN, WITH BACON, JESSEE, PERKINS & SWANSON, OF MORRISTOWN, TENNESSEE, FOR APPELLEE First Paragraph: The Plaintiff appeals from a divorce decree insofar as it relates to a division of marital property, alimony, child support, and attorneys' fees. We modify the decree and remand. Judge: Clifford E. Sanders, Sp.J. URL:http://www.tba.org/tba_files/TCA/46MORRIS.OPN.WP6 CAROL WAGGONER BROWDER v. RHEA R. BROWDER Court:TCA DAVID W. BLANKENSHIP OF KINGSPORT FOR APPELLANT J. POLK COOLEY OF ROCKWOOD FOR APPELLEE First Paragraph: Carol Waggoner Browder, former wife of Rhea R. Browder, filed a post-divorce petition seeking an increase of child support for the parties' older son, Anker, and their younger son, Christopher. The Trial Court found that she had not carried the burden of showing a change in circumstance, justifying an increase in the child support award. Judge: Houston M. Goddard, P.J. URL:http://www.tba.org/tba_files/TCA/BROWDERC.OPN.WP6 BETTY ANN COX, v. GENERAL MOTORS CORPORATION, Court:TCA STANLEY J. KLINE Memphis, Tennessee Attorney for Appellant LARRY E. KILLEBREW CHARLES F. MORROW BAKER, DONELSON, BEARMAN & CALDWELL Memphis, Tennessee Attorneys for Appellee First Paragraph: This products liability case arises from a fire that originated in plaintiff's car and spread to her house, resulting in substantial personal injury and property damage. Plaintiff filed suit against General Motors Corp. and Courtesy Pontiac, Inc., alleging various negligence and strict liability theories of recovery. Courtesy Pontiac prevailed on its motion for summary judgment, and the case went to jury trial only against General Motors. The jury returned a verdict in favor of General Motors and judgment was entered accordingly. Plaintiff argues on appeal that the trial court erred in prohibiting her from pursuing strict liability claims against defendant, in excluding certain evidence, and in improperly instructing the jury. For the reasons hereinafter stated, we reverse the judgment of the court below. Judge: HIGHERS, J. URL:http://www.tba.org/tba_files/TCA/COX_GM.OPN.WP6 IN THE MATTER OF: THE ESTATE OF MONICA GENE LEE- CUOZZO, DECEASED. LOUIS GEORGE LESCE, III and DAVID J. WAYNICK, Co-Executors, v. WALTER CUOZZO, Court:TCA WALTER CUOZZO 4892 Whittier Drive Old Hickory, Tennessee 37138 FOR PETITIONER/APPELLEE/PRO SE David J. Waynick WAYNICK, CATE & TAYLOR 211 Donelson Pike, Suite 2 P.O. Box 148058 Nashville, Tennessee 37214 ATTORNEY FOR RESPONDENT/APPELLANT First Paragraph: Walter Cuozzo, surviving spouse of Monica Gene Lee-Cuozzo, deceased, has appealed from the judgment of the Trial Court dismissing his Petition for Elective Share, Years Support and Exempt Property as untimely filed. Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION URL:http://www.tba.org/tba_files/TCA/CUOZZO.OPN.WP6 DAVID CARL DUNCAN, v. BRENDA M. PAGE, CLERK AND MASTER, Court:TCA DAVID CARL DUNCAN, #99054 RMSI, Unit 2, D-208 7475 Cockrill Bend Industrial Road Nashville, Tennessee 37209-1010 Pro Se/Plaintiff/Appellant WILLIAM R. WRIGHT LEAH MAY DENNEN Office of the Law Director Sumner County Administration Building 355 North Belvedere Drive, Room 208 Gallatin, Tennessee 37066 Attorneys for Defendant/Appellee First Paragraph: The plaintiff below sued the Clerk and Master of Sumner County under Tenn. Code Ann. 26-1-207 for failing to issue an execution. The Circuit Court of Sumner County granted the defendants motion to dismiss under Rule 12.02(6), Tenn. R. Civ. Proc. Judge: BEN H. CANTRELL, JUDGE URL:http://www.tba.org/tba_files/TCA/DUNCAND.OPN.WP6 IN THE MATTER OF: DANNY RAY FILLINGER, JR., DOB: 6/27/89, AMY MICHELLE FILLINGER, DOB: 6/1/90, Children Under Eighteen Years of Age, AGAPE CHILD AND FAMILY SERVICES, INC. v. DANNY FILLINGER, SR. and TERESA FILLINGER, Court:TCA Barbara B. Johnson, Memphis Area Legal Services, Inc., Memphis, Tennessee Attorney for Respondents/Appellants. Leah J. Roen, Memphis, Tennessee Guardian Ad Litem for Danny Ray Fillinger, Jr. and Amy Michelle Fillinger, B. R. Hester, Bartlett, Tennessee Attorney for Petitioner/Appellee Agape Child and Family Services, Inc. First Paragraph: The parental rights of Danny and Teresa Fillinger to their children, Danny Ray, Jr. and Amy Michelle, were terminated by the Juvenile Court of Memphis and Shelby County after a hearing on May 4, 1994. The hearing was pursuant to a petition filed by Agape Child and Family Services, Inc. (Agape) in whose custody the children had remained since August 1992. The trial court granted the petition after making the requisite statutory findings. The Fillingers have appealed, presenting the following issues for our review: Judge: FARMER, J. URL:http://www.tba.org/tba_files/TCA/FILLINGE.OPN.WP6 INDEPENDENCE ONE MORTGAGE CORPORATION, v. STATE AUTO INSURANCE COMPANIES, BETH BROOKS, ATTORNEY, AND HOMER SOWELL, d/b/a H/S CONSTRUCTION, Court:TCA ARNOLD M. WEISS and ERICH W. MERRILL, Memphis, Attorneys for Appellant. BRIAN A. WAMBLE, Shuttleworth, Smith, McNabb & Williams, Memphis, Attorney for Appellee State Auto Insurance Companies. JAMES L. KIRBY, Harris, Shelton, Dunlap & Cobb, Memphis, Attorney for Appellee Beth Brooks. First Paragraph: Independence One Mortgage Corporation (plaintiff) has appealed from an order of the Chancery Court of Shelby County granting both the motion to dismiss of State Auto Insurance Companies and the motion for summary judgment of Beth Brooks (defendants or by name). The sole issue presented by plaintiff on appeal is whether the trial court erred in holding that State Auto owed plaintiff no duty to pay it damages resulting from a breach of a construction contract between a third party and the estate of plaintiffs insured. We find no error and affirm. Judge: TOMLIN, Sr. J. URL:http://www.tba.org/tba_files/TCA/INDEPEND.MEM.WP6 STANLEY ERROLL MARLAR,v. BRENDA ANN BLAKEMAN MARLAR, Court:TCA Donald Arkovitz Nashville, Tennessee Attorney for Appellant John M. L. Brown Nashville, Tennessee Attorney for Appellee First Paragraph: This is a post-divorce proceeding. Appellant, Brenda Marlar, filed a petition in the Probate Court of Davidson County, seeking to extend her rehabilitative alimony. The trial court denied her petition. For the reasons stated below, we affirm. Judge: HIGHERS, J. URL:http://www.tba.org/tba_files/TCA/MARLAR.OPN.WP6 CALVIN MCADOO, v. HERESA ANN MCADOO, Court:TCA R. Eddie Davidson Nashville, Tennessee Attorney for Appellant Kathryn G. Brinton Nashville, Tennessee Attorney for Appellee First Paragraph: This is a divorce case. After dividing the marital property, the trial judge ordered Husband to pay a portion of wifes attorneys fees and rehabilitative alimony. Husband has appealed from the trial courts judgment. For the reasons stated below, we affirm. Judge: HIGHERS, J. URL:http://www.tba.org/tba_files/TCA/MCADOO.OPN.WP6 NATIONAL ADVERTISING, INC., v. McCORMICK ASHLAND CITY AND NASHVILLE RAILROAD, INC., and CHEATHAM COUNTY RAIL AUTHORITY, and McCORMICK ASHLAND CITY AND NASHVILLE RAILROAD, INC., v. CHEATHAM COUNTY RAIL AUTHORITY, et al., Court:TCA JERE R. LEE 222 Second Avenue North, Suite 360-M Nashville, Tennessee 37201 Attorney for McCormick Ashland City and Nashville Railroad, Inc. FRANK G. ABERNATHY 1801 West End Avenue, Suite 1800 Nashville, Tennessee 37203 Attorney for Cheatham County Rail Authority W. EDWARD RAMAGE 201 Fourth Avenue N., Suite 1700 Nashville, Tennessee 37219 Attorney for Central of Tennessee Railway and Navigation Co. First Paragraph: After the main issues between these parties had been decided and affirmed on appeal, the Chancery Court of Davidson County awarded the funds being held by the court to the appellee, McCormick Ashland City and Nashville Railroad, Inc. (MACO). The Cheatham County Rail Authority (CCRA) and Central of Tennessee Railway and Navigation Company, Incorporated (Central) appeal. We affirm. Judge: BEN H. CANTRELL, JUDGE URL:http://www.tba.org/tba_files/TCA/MCCORMIC.OPN.WP6 MOTORCARRIER PETROLEUM GROUP, INC., d/b/a MPG, v. T. R. AUTO TRUCK PLAZA, T.R. ENTERPRISES, INC., RICK LEWIS, Individually, Court:TCA W. Ray Jamieson and Benjamin T. Wages, Jr., of Memphis For Appellee James T. Allison of Memphis For Appellant First Paragraph: This case is before the Court on stipulation of the parties for accelerated appeal pursuant to Rule 13, Rules of the Court of Appeals. Defendant, Rick Lewis, appeals from the order of the trial court granting summary judgment against him and T. R. Auto Truck Plaza (T.R. Auto) to plaintiff, Motorcarrier Petroleum Group (Motorcarrier), on its complaint to confirm an arbitration award. Judge: W. FRANK CRAWFORD, URL:http://www.tba.org/tba_files/TCA/MOTORCAR.OPN.WP6 CHRISTINE BRADLEY NEBLETTE, v. THE CITY OF CHATTANOOGA FIREMANS AND POLICEMANS INSURANCE AND PENSION FUND BOARD, Court:TCA ARVIN H. REINGOLD, P.C., Chattanooga, for Appellant. ROBERT L. MOON, JR. and MICHAEL S. PRICHARD, Chattanooga, for Appellee. First Paragraph: On remand from this court, the trial court ruled that the plaintiff police officers disability pension payments would commence, retroactively, as of April 14, 1992, and that the amount of those payments would be determined pursuant to the terms of the pension plan in effect prior to January 1, 1993. The City of Chattanooga Firemans and Policemans Insurance and Pension Fund Board (Board) appeals, arguing that the award should start, and be calculated, as of February 2, 1993, under the terms of the new pension plan. We agree with the trial courts determination that the old plan applies to Neblettes disability; however, we find and hold that the payments should commence as of October 15, 1992. The trial courts judgment is modified to so provide. Judge: Charles D. Susano, Jr., J. URL:http://www.tba.org/tba_files/TCA/NEBLETTE.OPN.WP6 FELTON M. SMITH and MARY L. SMITH v. AMERISURE INSURANCE COMPANY Court:TCA JOHN C. CAVETT, JR., OF CHATTANOOGA FOR APPELLANTS PAUL CAMPBELL, JR., OF CHATTANOOGA FOR APPELLEE First Paragraph: The Plaintiffs, Felton M. Smith and his wife Mary L. Smith, appeal for the second time the entry of a summary judgment in favor of the Defendant Amerisure Insurance Company in their suit seeking recovery under a fire insurance policy issued by Amerisure. Judge: Houston M. Goddard, P.J. URL:http://www.tba.org/tba_files/TCA/SMITHFM.OPN.WP6 JOANNA MARTINDALE, v. UNION PLANTERS NATIONAL BANK, UNION PLANTERS NATIONAL BANK, v. PATRICIA COX BAKER and JEREL ALLEN COX, and DAN COX, Court:TCA FLOYD S. FLIPPIN ADAMS, RYAL & FLIPPIN, ATTORNEYS-P.C. Humboldt, Tennessee Attorney for Appellants WARREN MILLER WILLIAM A. LING Memphis, Tennessee Attorneys for Appellee, Joanna Martindale ROBERT F. MILLER WOLFF ARDIS, P.C. Memphis, Tennessee Attorney for Appellee, Union Planters National Bank S. JASPER TAYLOR, IV Bells, Tennessee Attorney for Appellee, Dan Cox First Paragraph: This is a will construction case involving the interpretation of a testamentary trust provision. Judge: ALAN E. HIGHERS, J. URL:http://www.tba.org/tba_files/TCA/UNIONPLA.OPN.WP6 WESTLAND WEST COMMUNITY ASSOCIATION, BRIAN JOHN BAXTER, GEORGE HANNYE, JAMES JOSEPH NEUTENS, MARY IRENE NEUTENS, NED RUSSELL, AUGUST DENNIG, v. KNOX COUNTY, COMMISSION OF KNOX COUNTY, THOMAS M. SCHRIVER, JIMMY S. DOSS, MAURICE W. HILL, Court:TCA COURTNEY N. PEARRE of BAKER, DONELSON, BEARMAN & CALDWELL, Knoxville, for Appellants THOMAS M. SCHRIVER, JIMMY S. DOSS, and MAURICE W. HILL MICHAEL W. MOYERS, Senior Deputy Law Director of the KNOX COUNTY LAW DEPARTMENT, Knoxville, for Appellants KNOX COUNTY and COMMISSION OF KNOX COUNTY G. W. MORTON, JR., of MORTON & MORTON, Knoxville, for Appellees First Paragraph: This case involves the rezoning of some 16.8 acres of property located in the northwest quadrant of the intersection of Pellissippi Parkway and Westland Drive in Knox County. The Commission of Knox County (County Commission), the legislative branch of the government of Knox County, rezoned the subject tract from Agricultural (A) to Planned Commercial (PC). In response to a complaint filed by a neighborhood association and residents of surrounding neighborhoods, the Chancellor, following a non-jury hearing, held that the parties who sought the rezoning had failed to comply with T.C.A. 13-7-105. She concluded that the rezoning was void and of no effect. Knox County, the County Commission, and the parties seeking to rezone the subject property, appeal, contending that the Chancellor erred, as a matter of law, in voiding the County Commissions decision to rezone the property. The plaintiffs, on the other hand, urge us to sustain the Chancellors action on the T.C.A. 13-7-105 issue. In the alternative, they argue that the action of the County Commission should be nullified because that body was not authorized to act, as it admittedly did, by a single vote passage of a resolution rather than passage on two votes of an ordinance. Judge: Charles D. Susano, Jr., J. URL:http://www.tba.org/tba_files/TCA/WESTLAND.OP.WP6 CHARLES M. WHITE, v. MARY EVELYN WHITE, Court:TCA ATTORNEYS: N/A First Paragraph: ORDER ON PETITION TO REHEAR Counsel for appellant has filed a petition to rehear based on the statement in the courts opinion that [i]t is undisputed that the wife did not repudiate the stipulated agreement regarding property settlement at any time prior to the entry of the original final decree of divorce. Counsel takes offense at this statement and avers that he is undertaking to check out and read several library books on the art of effective communication because he stated otherwise during oral argument before the court. Judge: HIGHERS, J. URL:http://www.tba.org/tba_files/TCA/WHITE.ORD.WP6 PAMELA M. WINTERS, v. ESTATE OF FRANK JONES, SR., FRANK JONES, JR., executor of the estate of FRANK JONES, SR., deceased, FIRST AMERICAN INSURANCE COMPANY, Court:TCA SHANNON D. FAULKNER, III Suite 625, Two Centre Square 625 Gay Street Knoxville, Tennessee 37902 Attorney for Plaintiff/Appellant W. BRYAN BROOKS SCOTT A. RHODES Suite 2600, The Tower 611 Commerce Street Nashville, Tennessee 37201 Attorney for Appellee First American Insurance Company First Paragraph: An injured passenger filed suit against the estate of the driver of an automobile that collided with the bus in which she was riding. A summons and a copy of the complaint were served on the plaintiffs uninsured motorist carrier, in accordance with the provisions of Tenn. Code Ann. 56-7-1206. The trial court granted summary judgment to the insurer, on the ground that the plaintiff had failed to obtain service on the executor within the statute of limitations. We affirm. Judge: BEN H. CANTRELL, JUDGE URL:http://www.tba.org/tba_files/TCA/WINTERSP.OPN.WP6 WAYNE WRAY, v. ESTATE OF JAMES FRANKLIN WRAY, LEIGH ANN WRAY, ADMINISTRATRIX, Court:TCA RANDY HILLHOUSE FREEMON AND HILLHOUSE Lawrenceburg, Tennessee Attorney for Plaintiff/Appellant BEN BOSTON CHRISTOPHER V. SOCKWELL BOSTON, BATES & HOLT 235 Waterloo Street P. O. Box 357 Lawrenceburg, Tennessee 38464 Attorneys for Defendant/Appellee First Paragraph: The issue in this case is whether the documents signed when the appellant loaned his son the money to buy an automobile gave the appellant an enforceable security interest in the car. The trial judge held that the appellant did not have a security interest. We reverse. Judge: BEN H. CANTRELL, JUDGE URL:http://www.tba.org/tba_files/TCA/WRAYWAYN.OPN.WP6 EDWARD JEROME HARBISON, v. STATE OF TENNESSEE, Court:TCCA For the Appellant: For the Appellee: W. Gerald Tidwell, Jr. Charles W. Burson 736 Georgia Avenue Attorney General of Tennessee Chattanooga, TN 37402 and Gordon Smith John McClarty Assistant Attorney General of TN 18 Patten Parkway 450 James Robertson Parkway Chattanooga, TN 37402 Nashville, TN 37243-0493 Gary D. Gerbitz District Attorney General and Stanley J. Lanzo H. C. Bright Asst District Attorneys General Hamilton County Justice Bldg. Chattanooga, TN 37402 First Paragraph: Following a jury trial in 1984, the petitioner, Edward Jerome Harbison, was convicted of first degree murder and sentenced to death. On direct appeal, the Tennessee Supreme Court affirmed his conviction. State v. Harbison, 704 S.W.2d 314 (Tenn.1986). The United States Supreme Court denied certiorari. State v. Harbison, 476 U.S. 1153, 106 S. Ct. 2261, 90 L.Ed.2d 705 (1986). The petitioner then filed a petition for post-conviction relief raising an abundance of issues. After an evidentiary hearing, the trial court dismissed the application for post-conviction relief in part on the grounds of waiver and/or previous determination under Tenn. Code Ann. 40-30-112 [repealed] and in part on the merits. The petitioner now appeals as of right from this denial of post-conviction relief. Judge: PER CURIAM URL:http://www.tba.org/tba_files/TCCA/HARBISON.OPN.WP6 STATE OF TENNESSEE, v. COURTNEY B. MATHEWS, and THE NASHVILLE BANNER THE TENNESSEAN, AND THE LEAF-CHRONICLE and MEREDITH CORPORATION (WSMV CHANNEL FOUR NEWS) Court:TCCA ATTORNEYS: N/A First Paragraph: The defendant is charged with four counts of murder stemming from a mass murder in Montgomery County. The state seeks the death penalty in each murder count. At this time, jury selection has begun. Following the medias notification to the trial court pursuant to Tennessee Supreme Court Rule 30 that camera coverage would be sought, the defendant objected to any cameras, either television or still, in the courtroom. An evidentiary hearing was conducted, and the defendant presented several witnesses on the issue. The prosecution joined in with the defendants request that cameras be banned. Judge: PER CURIAM URL:http://www.tba.org/tba_files/TCCA/MATHEWS.OP.WP6 STATE OF TENNESSEE,v RONNIE ROBERTS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: ROGER HOOBAN CHARLES W. BURSON P.O. Box 1483 Attorney General & Reporter Knoxville, TN 37901 (On Appeal) DARIAN B. TAYLOR Asst. Attorney General EDWARD MILLER 450 James Robertson Pkwy. District Public Defender Nashville, TN 37243-0493 SUSANNA THOMAS ALFRED C. SCHMUTZER, JR. Asst. Public Defender District Attorney General 102 Mims Ave. Newport, TN 37821 G. SCOTT GREEN (At Trial) Asst. District Attorney General 125 Court Ave., Suite 301 Sevierville, TN 37862 First Paragraph: The defendant was indicted for aggravated burglary and misdemeanor theft. After a jury trial, he was convicted of both offenses. At his sentencing hearing, he was determined to be a persistent offender and was sentenced to fifteen years on the aggravated burglary conviction, and eleven months, twenty-nine days on the theft conviction, with the sentences to run consecutively. The trial court also ordered these sentences to run consecutively to a prior sentence on a conviction in Knox County. Judge: JOHN H. PEAY, Judge URL:http://www.tba.org/tba_files/TCCA/RROBERTS.OPN.WP6 STATE OF TENNESSEE, v. CHARLES JERRY TALLEY, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: KEVIN W. SHEPPHERD CHARLES W. BURSON 404 Ellis Avenue Attorney General and Reporter Maryville, TN 37804 CLINTON J. MORGAN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 MIKE FLYNN District Attorney General EDWARD P. BAILEY, JR. Assistant District Attorney General Blount County Courthouse Maryville, TN 37804 First Paragraph: The Defendant, Charles Jerry Talley, brings this appeal as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He was convicted upon his guilty plea to three misdemeanor theft charges. For these convictions, the trial court sentenced him to three concurrent sentences of eleven months and twenty-nine days in jail, with a release eligibility date of thirty percent, and with immediate eligibility for work release. The Defendants sole issue on appeal is that the trial court erred by not suspending his sentence and granting him probation. We affirm the judgment of the trial court. Judge: DAVID H. WELLES, JUDGE URL:http://www.tba.org/tba_files/TCCA/TALLEYCJ.OPN.WP6 STATE OF TENNESSEE, v. ANSELMO BERROCALES VAZQUEZ, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: GREG EICHELMAN CHARLES W. BURSON Public Defender Attorney General & Reporter BILL R. BARRON RUTH A. THOMPSON Contract Appellant Defender Attorney for the State 115 East Market St. 450 James Robertson Pkwy. Dyersburg, TN 38024 Nashville, TN 37243-0493 (On Appeal) C. BERKELEY BELL JOYCE WARD District Attorney General Asst. Public Defender 1609 College Park Dr., Box 11 ERIC D. CHRISTIANSEN Morristown, TN 37813-1618 Asst. District AG (At Trial) 113 West Church St. Greeneville, TN 37743 First Paragraph: The defendant was found guilty at a jury trial of driving under the influence of an intoxicant (DUI), driving without a driver license, and violation of the headlight law. For these convictions he received sentences of eleven months and twenty-nine days, six months, and thirty days, respectively, to be served concurrently. His release eligibility for this effective sentence of eleven months and twenty-nine days was set at thirty percent. Judge: JOHN H. PEAY, Judge URL:http://www.tba.org/tba_files/TCCA/VAZQUEZA.OPN.WP6
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