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ELSIE M. BALLARD, COL. LEWIS P. BOONE, JR., USAF (Ret.), OTIS N. FUSSELL, & EDGAR JOHNSON, individually and on behalf of all others similarly situated, residents of Psalms, Inc., a Tennessee non-profit corporation, v. RUDOLF HERZKE, CHARLES S. TRAMMEL, JR., RETIREMENT COMMUNITIES OF AMERICA - TENNESSEE, INC., PSALMS, INC., and RETIREMENT COMMUNITIES OF AMERICA, INC., Court:TSC For Plaintiffs: For Defendant, Palms, Inc.: C. Barry Ward W. J. Michael Cody Paul R. Lawler John W. Chandler, Jr. Glankler Brown Douglas F. Halijan Memphis, Tennessee Burch, Porter & Johnson Memphis, Tennessee For Intervenors, For Defendant, Rudolf Herzke: The Tennessean and Hal Gerber Society of Professional Lewie R. Polk, III Journalists: Gerber Law Offices William R. Willis Memphis, Tennessee Alfred H. Knight Alan D. Johnson Willis & Knight Nashville, Tennessee For Defendant, Charles Trammell, Jr. and Retirement Communities of America Tennessee, Inc.: J. Alan Hanover James R. Newsom, III Hanover, Walsh, Jalenak & Blair Memphis, Tennessee First Paragraph: In this appeal we are asked to determine whether the Chancery Court abused its discretion by modifying a protective order to allow access to discovery materials previously protected by the order and by allowing media intervention. The Court of Appeals reversed the Chancery Court, finding an abuse of discretion and reinstated the protective order which denied access to the discovery materials. Judge: ANDERSON, C. J. URL:http://www.tba.org/tba_files/TSC/BALLARDE.OPN.WP6 STATE OF TENNESSEE, v. TIMOTHY D. HARRIS and CRAIG THOMPSON, Court:TSC ATTORNEYS: N/A First Paragraph: ORDER ON PETITION FOR REHEARING The Appellees, Timothy D. Harris and Craig Thompson, have filed a consolidated petition for rehearing in this case. After due consideration, the Court concludes that the petition is without merit and should be denied. It is, therefore, ORDERED that the Appellees petition for rehearing be and the same is hereby denied. Judge: PER CURIAM URL:http://www.tba.org/tba_files/TSC/HARRIST.ORD.WP6 STATE OF TENNESSEE, v. CLARK LYNN, DISSENTING OPINION Court:TSC For Appellant: For Appellee: Robert S. Peters Charles W. Burson Swafford, Peters & Priest State Attorney General Winchester, TN Darian B. Taylor Assistant Attorney General Nashville, TN First Paragraph: In this case we must determine what effect a total failure to follow statutory jury selection procedures has on a criminal jury trial. Under the circumstances here, we conclude that the failure to comply with those important procedures was prejudicial to the administration of justice. Consequently, we reverse the conviction and remand this case for a new trial. We discuss the other issues raised on appeal in the event they reoccur on retrial. Judge: WHITE, J. URL:http://www.tba.org/tba_files/TSC/LYNNC.OPN.WP6 URL:http://www.tba.org/tba_files/TSC/LYNNC.DIS.WP6 STATE OF TENNESSEE, v. JOHNNY LACURTIS PHILLIPS, Court:TSC For Appellant: For Appellee: Johnny Lacurtis Phillips Charles W. Burson Pro se Attorney General/Reporter Tiptonville, TN Michael E. Moore Solicitor General Linda A. Ross Solicitor General Nashville, TN First Paragraph: In this cause, we granted review in order to determine whether the imposition of three convictions for sexual conduct occurring during a single criminal episode violates constitutional provisions against double jeopardy. After carefully examining the facts and thoroughly considering applicable law, we conclude that the record before us supports the imposition of three convictions and that double jeopardy provisions are not implicated here. Accordingly, the judgment of the Court of Criminal Appeals upholding the convictions is affirmed. Judge: BIRCH, J. URL:http://www.tba.org/tba_files/TSC/PHILLIPJ.OPN.WP6 TERESA DAVIS, v. TECUMSEH PRODUCTS COMPANY, w/ JUDGMENT ORDER Court: TSC (Workers Comp Panel) For Appellant: For Appellee: David F. Hessing Art D. Wells Hessing, Ventimiglia & Swayne Hill Boren P. C Paris, Tennessee Jackson, Tennessee First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The only issue is the extent of the claimant's permanent partial disability. The panel concludes that the award of benefits on the basis of forty percent to both arms should be affirmed. Judge: Loser, Judge URL:http://www.tba.org/tba_files/TSC_WCP/DAVISTER.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/DAVISTER.JDG.WP6 REVA PITTS, v. NATIONAL UNION FIRE INSURANCE COMPANY and SUE ANN HEAD, DIRECTOR OF THE DIVISION OF WORKERS' COMPENSATION, TENNESSEE DEPARTMENT OF LABOR, SECOND INJURY FUND Court: TSC (Workers Comp Panel) For Appellant, National Union: For Appellee: Linda J. Hamilton Mowles David H. Dunaway Lewis, King, Krieg, Waldrup & Catron David H. Dunaway & Assoc. Knoxville, Tennessee Lafollette, Tennessee For Appellant, Second Injury Fund: Charles W. Burson Attorney General & Reporter Sandra E. Keith Assistant Attorney General Nashville, Tennessee First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal, the employer's insurer, National Union, asserts that the evidence preponderates against the trial court's findings that (1) the claimant's injury was one arising out of her employment, (2) the claimant is permanently and totally disabled , and (3) the claimant gave the required notice to the employer. The Second Injury Fund (the Fund) asserts that the evidence preponderates against the trial court's finding that (1) the claimant is permanently and totally disabled and (2) the claimant is entitled to more than twenty-two weeks of temporary total disability. The panel has concluded that the judgment should be modified as set forth below. Judge: Loser, Judge URL:http://www.tba.org/tba_files/TSC_WCP/PITTVNAT.OPN.WP6 WILLIAM RICHARDSON, v. MURRAY OHIO MANUFACTURING COMPANY, w/ JUDGMENT ORDER Court: TSC (Workers Comp Panel) For the Appellant: For the Appellee: Ben Boston J. Daniel Freemon Christopher V. Sockwell Freemon & Hillhouse Boston, Bates & Holt 327 W. Gaines St. 235 Waterloo St. P.O. Box 787 P.O. Box 357 Lawrenceburg, TN 38464 Lawrenceburg, TN 38464 First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The trial court awarded the plaintiff 15% permanent partial disability to the body as a whole. The defendant below appeals, challenging the trial court's finding that plaintiff retains a permanent impairment as a result of his work-related injury. Judge: BYERS, Senior Judge URL:http://www.tba.org/tba_files/TSC_WCP/RICHARDS.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/RICHARDS.JDG.WP6 IN THE MATTER OF: AVIS BASS, DECEASED CHARLIE HOLLIDAY, EXECUTOR OF THE ESTATE OF RUTH BASS, DECEASED, v. DONNA BASS GROFF, Court:TCA ERNEST A. JETTON ED MULLIKIN Memphis, Tennessee Attorneys for Appellant H. MORRIS DENTON Bolivar, Tennessee Attorney for Appellee First Paragraph: This is an appeal from the trial courts order establishing a years support for decedents widow, Ruth Bass, in the amount of $14,000.00. Ruth Bass died prior to this appeal, and the executor of her estate, Charlie Holliday, was substituted as appellee. Appellant is Donna Bass Groff, daughter of the decedent, who seeks to set aside the order for years support on the basis that Ruth Bass received a significant amount of assets that passed outside of the probate estate. The trial court held that assets passing outside of the probate estate could not be considered in determining the years support pursuant to the version of T.C.A. 30-2-101 that was in effect at the time of the decedents death. For the reasons stated below, we affirm the judgment of the trial court. Judge: ALAN E. HIGHERS, J. URL:http://www.tba.org/tba_files/TCA/BASSAVIS.OPN.WP6 ESTATE OF WALTER I. BATES, v. GLENDA DAWSON, Court:TCA JAMES HARVEY STUTTS of DIXON & STUTTS, Sweetwater, for Appellant B. PRINCE MILLER, JR., Cleveland, for Appellee First Paragraph: This is a suit on a promissory note. After a bench trial, the court below awarded the plaintiff a judgment for $16,083.68 and the defendant appealed. The only issue on this appeal is whether the evidence preponderates against the trial courts judgment. See Rule 13(d), T.R.A.P. The trial courts findings in this case are dependent on its determination regarding the credibility of the witnesses. In such a case, a trial courts findings are entitled to great weight. Galbreath v. Harris, 811 S.W.2d 88, 91 (Tenn. App. 1990). Our de novo review of the record does not persuade us that the evidence preponderates against the trial courts factually-driven findings. The judgment below is affirmed. Costs on appeal are assessed against the appellant and her surety. This case is remanded for enforcement of the judgment and collection of costs assessed below, all pursuant to applicable law. Judge: Susano, J. URL:http://www.tba.org/tba_files/TCA/BATES.MO.WP6 JERRY T. BEECH CONCRETE CONTRACTOR, INC. v. MARY HENDERSON, Court:TCA Maclin P. Davis, Jr. Nashville, Tennessee Attorney For Appellee Joseph K. Dughman Bruce, Weathers, Corley, Dughman & Lyle Nashville, Tennessee Attorney for Appellant First Paragraph: This case concerns the payment on a contract for installation of a concrete driveway. Jerry T. Beech Concrete Contractor, Inc. (hereinafter, "Beech") filed suit against Mary Henderson (hereinafter, "Henderson") on a sworn account for nonpayment of the contract price for installing a concrete driveway and a box drain. Following a bench trial, the trial court found that Beech and Henderson contracted to install a driveway and a box drain, but the trial court determined that Beech had installed the driveway in an unworkmanlike manner causing it to have defects. As a result, the trial court awarded Beech the contract price offset by the amount of property damage Henderson allegedly suffered. Beech appealed, and the appeal is properly before this Court. We affirm in part and reverse in part. Judge: WILLIAM H. WILLIAMS, SENIOR JUDGE URL:http://www.tba.org/tba_files/TCA/BEECHJT.OPN.WP6 TERESA G. BRADFORD, v. DONNIE R. BRADFORD, Court:TCA CLEO GREER HOGAN 107 North Third Street Clarksville, Tennessee 37041 ATTORNEY FOR PLAINTIFF/APPELLEE THOMAS R. MEEKS 137 Franklin Street Clarksville, Tennessee 37040 ATTORNEY FOR DEFENDANT/APPELLANT First Paragraph: On May 16, 1996, appellant moved this Court to rule that this cause is properly before this Court. It appears that, on June 9, 1995, this Court dismissed a previous appeal from a judgment that did not dispose of all issues pending before the Trial Court. On March 18, 1996, appellant filed in this Court, the following motion: Comes now, Donnie R. Bradford, pursuant to Rule 22 of the Tennessee Rules of Appellate Procedure and respectfully petitions this court for an order which would allow the appellant, Donnie R. Bradford to proceed with his appeal from a judgment of the Chancery Court of Montgomery County, Tennessee. The movant would show that he filed a notice of appeal and the court ruled that said notice of appeal was premature due to a lack of a final order addressing the issue of back child support. The movant would show subsequent to this courts decision, the parties entered an order which stated that there was no back child support due at the time of the initial appeal by the appellant. (See exhibit one). The positions of the appellant and the appellee are the same as they were on the 24th day of May, 1995. The appellant requests that his notice of appeal be treated as [if it had] been filed subsequent to the parties agreed order as evidenced by Exhibit One of this motion. The appellant avers that Rule 4 of the Tennessee Rules of Appellate Procedure allows a premature notice of appeal to be treated as filed after the entry of the judgment from which the appeal is taken. The movant respectfully prays that this court issue an order requiring the Clerk and Master to transfer the record of the trial court proceedings to this court so that a proper review of the trial courts decision can be made. (See exhibit two). Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION URL:http://www.tba.org/tba_files/TCA/BRADFORT.OPN.WP6 THE ESTATE OF WILLIAM WESLEY BURCHFIEL, v. FIRST UNITED METHODIST CHURCH OF SEVIERVILLE, TENNESSEE; THE UNIVERSITY OF TENNESSEE AT KNOXVILLE; WALTERS STATE COMMUNITY COLLEGE; TENNESSEE BOARD OF REGENTS OF THE UNIVERSITY AND COMMUNITY COLLEGE SYSTEMS OF TENNESSEE; and SEVIER COUNTY, TENNESSEE. Court:TCA ANNE M. McKINNEY, Knoxville, for Plaintiff-Appellant. JERRY H. McCARTER, Gatlinburg, for Defendant-Appellee, Sevier County, Tennessee. CHRISTINE MODISHER, Nashville, for Defendants-Appellees, Walters State Community College, Tennessee Board of Regents. BEAUCHAMP E. BROGAN, and J. ROBERT WALKER, Knoxville, for Appellee-Defendant, The University of Tennessee. First Paragraph: In this action to construe a will, the Trial Court determined that the Walters State Community Colleges proposal to build a branch campus would meet the conditions set forth in the Testators will, and broadly held that any existing entity under the control of the Tennessee Board of Regents could be used to meet the conditions set forth in the will. Judge: Franks .J URL:http://www.tba.org/tba_files/TCA/BURCHF.OP.WP6 DREXEL CHEMICAL COMPANY,v. BITUMINOUS INSURANCE CO., Court:TCA MICHAEL F. RAFFERTY Memphis, Tennessee Attorney for Appellant ROBERT D. FLYNN LOUISE P. GAERIG Memphis, Tennessee Attorney for Appellee First Paragraph: In this case, plaintiff, Drexel Chemical Co., seeks a declaratory judgment that its insurer, Bituminous Insurance Co., is obligated to defend and indemnify Drexel in a suit currently pending in a Tennessee federal district court. Both Drexel and Bituminous filed motions for summary judgment. The trial court overruled Drexel's motion, but granted Bituminous' motion, holding that a policy exclusion relieved Bituminous of its duty to defend and to provide coverage to Drexel. Drexel has appealed the trial court's judgment, arguing that the underlying claims against it are not excluded by the policy provisions. For the reasons stated hereafter, we affirm. Judge: ALAN E. HIGHERS, J. URL:http://www.tba.org/tba_files/TCA/DREXELCH.OPN.WP6 REBECCA ELLIOTT v. PERRY H. WINDLE, III and BURKHALTER & WINDLE, P.C. Court:TCA
First Paragraph: THERESA COLLINS WILLOCKS, OF KNOXVILLE, TENNESSEE, FOR APPELLANT R. FRANKLIN NORTON and GEOFFREY D. KRESSIN, WITH NORTON AND LUHN, OF KNOXVILLE, TENNESSEE, FOR APPELLEES First Paragraph: The Plaintiff has appealed from a summary judgment for the Defendants in her suit for legal malpractice. We affirm. In April, 1993, the Plaintiff-Appellant retained the law firm of Burkhalter & Windle, P.C., including Mr. Perry H. Windle, III, as a member of the firm, to represent her in an employment dispute with her former employer, Southern Skillet Corporation. In May, 1993, Defendants filed suit on behalf of the Plaintiff against Southern Skillet alleging violation of the overtime pay provisions of the Fair Labor Standards Act, violation of the Equal Pay Act, and retaliating against Plaintiff for filing or instituting a proceeding under the Fair Labor Standards Act. Judge: Sanders, Sp.J. URL:http://www.tba.org/tba_files/TCA/ELLIOTR.OPN.WP6 CPB MANAGEMENT, INC. and PETER S. BROWN ACCOUNTANCY CORPORATION, v. DON EVERLY, Individually and OLD BLACK CROW, INC., Court:TCA LARRY D. ASHWORTH PETER D. HEIL Nashville, Tennessee Attorneys for Appellants R. HORTON FRANK, III FRANK & FRANK, PLLC Nashville, Tennessee Attorney for Appellees First Paragraph: Plaintiffs in this case are CPB Management, Inc. (CPB), a business management services company, and Peter S. Brown Accountancy Corp. (Brown Accountancy). Peter S. Brown is the sole officer and stockholder of both CPB and Brown Accountancy. Defendants are Don Everly of the Everly Brothers, and Old Black Crow, Inc., the corporate entity through which Don Everly conducts his business. Plaintiffs brought this suit against defendants to recover for certain accounting and management services allegedly performed for defendants. The chancellor held that Brown Accountancy was entitled to recover $5,322.25 from Old Black Crow, Inc., pursuant to an express oral contract between the parties, and that CPB was entitled to recover $33,900.00 from Don Everly individually, under a theory of unjust enrichment. Defendants have appealed and presented the following issues for our review: (1) whether the chancellor erred in awarding damages to CPB on an unjust enrichment theory when there existed an express contract between the parties; (2) whether the trial court erred in holding Old Black Crow, Inc. liable to Brown Accountancy for accounting services; and (3) whether the trial court erred in ruling that CPB was not required to possess a valid certificate of authority in order to maintain this action. For the reasons stated below, we reverse the trial courts judgment in part, and affirm in part. Judge: ALAN E. HIGHERS, J. URL:http://www.tba.org/tba_files/TCA/EVERLYDO.OPN.WP6 JACQUELINE S. EDENFIELD FLORIAN v. MARK EMMETT EDENFIELD Court:TCA DOUGLAS J. TOPPENBERG OF KNOXVILLE FOR JACQUELINE EDENFIELD FLORIAN JOHN S. BINGHAM OF KINGSPORT FOR MARK EMMETT EDENFIELD First Paragraph: Jacqueline S. Edenfield Florian and her former husband, Mark Emmett Edenfield, appeal orders entered in the Circuit Court for Sullivan County. The appeals arise from two separate proceedings involving their minor child, which have been consolidated in this Court. Judge: Goddard, P.J. URL:http://www.tba.org/tba_files/TCA/FLORIAN.OPN.WP6 JULIUS GARTON, SUE GARTON EDWARDS and JAMES GARTON, Individually, and SUE GARTON EDWARDS, on behalf of the Estate of MARIE GARTON RANDOLPH, VS. HENRY NORMAN, Court:TCA DANA DYE P. O. Box 11 105 West End Avenue Centerville, Tennessee 37033 Attorney for Plaintiffs/Appellants THOMAS T. WOODALL 203 Murrell Street P. O. Box 1075 Dickson, Tennessee 37056-1075 Attorney for Defendant/Appellee First Paragraph: Three of the beneficiaries under the will of their aunt, Marie Randolph, brought suit against another beneficiary, Mrs. Randolphs nephew Henry Norman, claiming that he had misused a confidential relationship with the testator to deplete her estate prior to her death. The trial court entered judgment for Mr. Norman, finding that Mrs. Randolph had transferred the bulk of her assets to him before a confidential relationship was established and that there was no evidence that he exercised undue influence over her. There was also no evidence that he failed to adequately provide for his aunts health care while exercising responsibility for her under a power of attorney. We affirm. Judge: BEN H. CANTRELL, JUDGE URL:http://www.tba.org/tba_files/TCA/GARTONJ.OPN.WP6 DAVID GEORGE and SHERRY GEORGE, v. DANIEL MOVING AND STORAGE COMPANY, INC., Court:TCA Joel H. Moseley, Moseley & Moseley, of Nashville For Appellant Clinton W. Watkins of Brentwood For Appellees First Paragraph: Defendant, Daniel Moving and Storage Company, Inc., appeals the trial courts order in a non-jury case awarding damages of $4,000.00 to Plaintiffs, David and Sherry George. On June 28, 1991, David George signed a contract with defendant whereby the defendant agreed to move the Georges household goods from Ooltewah, Tennessee to the Nashville area. When the Georges originally contacted the defendant, they did not plan to store their furniture; however, on the day of the move, Mrs. George inquired about storage because the Georges had yet to secure a new residence. Judge: W. FRANK CRAWFORD, PRESIDING JUDGE, W.S. URL:http://www.tba.org/tba_files/TCA/GEORGED.OPN.WP6 BENNY GREEN, d/b/a K.B.STAVES COMPANY v. KYLE A. JUSTICE ULTIMATE MANUFACTURING, INC. Court:TCA VICTOR PRYOR OF JACKSBORO FOR KYLE A. JUSTICE JOSEPH G. COKER OF JACKSBORO FOR BENNY GREEN First Paragraph: Benny Green, d/b/a K.B. Staves Company, sues Kyle A. Justice, assignee of the rights of Ultimate Manufacturing, Inc., as to a certain instrument denominated a purchase agreement (see Appendix A) and Ultimate Manufacturing, Inc. The suit sought damages totaling $25,000 because of the Defendants' failure to reimburse Mr. Green $2000, which they had promised, as well as for their failure to pay for firewood sold to the Defendants. Curiously, the suit also sought a declaration that "no definite or enforceable contract was ever entered into between the parties. Judge: Goddard, P.J. URL:http://www.tba.org/tba_files/TCA/GREENBEN.OPN.WP6 CYNTHIA HOLCOMB, v. KYLE PARKINS and wife, GLORIA PARKINS, and ANDREW JOHNSON BANK, Court:TCA FRANCIS X. SANTORE, JR., Santore and Santore, Greenville for appellant. JERRY W. LAUGHLIN and JOHN T. MILBURN ROGERS, Rogers, Laughlin, Nunnally, Hood and Crum, Greenville for appellees. First Paragraph: The appellee, Mrs. Parkins, filed a motion pursuant to Rule 60.02, Tennessee Rules of Civil Procedure, for relief from a default judgment entered against her in favor of the appellant, Cynthia Holcomb. Ms. Holcomb has appealed claiming that the trial court erred in granting the motion. We reverse the trial court. Judge: McMurray, J. URL:http://www.tba.org/tba_files/TCA/HOLCOMBC.OPN.WP6 IN THE MATTER OF KAYLA LYNN HOOD, A Minor DAVID VINEYARD, v. HEATHER ELAINE HOOD, DONNA HOOD and ALLEN HOOD, Court:TCA CHARLES M. CLIFFORD, Maryville, for Appellant ROBERT M. COHEN, Maryville, for Appellees CHARLES W. BURSON, Attorney General & Reporter, and JENNIFER HELTON SMALL, Deputy Attorney General, General Civil Division, for the State of Tennessee First Paragraph: In this case, David Vineyard seeks to legitimate and establish a parent-child relationship with his alleged daughter, Kayla Lynn Hood, who was born to Heather Elaine Hood (Mother) on November 8, 1994. Mother opposes Vineyards attempt to legitimate the child on the ground that she has not consented to the childs legitimation. Mother and her parents filed a motion to dismiss, which the juvenile court granted, holding, in effect, that a putative father has no avenue by which to legitimate his child, absent the mothers consent, under Tennessees legitimation statutes. Judge: Susano, J. URL:http://www.tba.org/tba_files/TCA/HOODKL.OPN.WP6 KYLE A. JUSTICE v. BENNY GREEN, Agent For K.B.Staves Court:TCA VICTOR PRYOR OF JACKSBORO FOR APPELLANT JOSEPH G. COKER OF JACKSBORO FOR APPELLEE First Paragraph: Kyle A. Justice, who appeared pro se in the Trial Court, appeals dismissal of his suit against Benny Green, seeking damages for breach of contract. The Trial Court, on motion of Mr. Green, dismissed the suit under the doctrine of former suit pending, there being a prior suit filed by Mr. Green against Mr. Justice in the Circuit Court for Campbell County, seeking a declaration of rights as to the contract, as well as a recovery for its breach. Judge: Goddard, P.J. URL:http://www.tba.org/tba_files/TCA/JUSTICEK.OPN KAREN ELAINE WHITE KITE v. ARLIN JAY KITE w/ D I S S E N T I N G O P I N I O N Court:TCA ROBERT R. SIMPSON, WITH ESHBAUGH, SIMPSON AND VARNER, OF KNOXVILLE, TENNESSEE, FOR APPELLANT WILLIAM C. CREMINS OF KNOXVILLE, TENNESSEE, and LAURA RULE HENDRICKS, OF KNOXVILLE, TENNESSEE, FOR APPELLEE First Paragraph: The Plaintiff has appealed from a chancery decree dismissing her petition for an order of protection because the hearing on the petition was not held within 10 days of the service on the Defendant of an ex parte order of protection, as required by the statute. Judge: Sanders, Sp.J. URL:http://www.tba.org/tba_files/TCA/KITEKE.OPN.WP6 URL:http://www.tba.org/tba_files/TCA/KITEKE.DIS.WP6 KRZYSZTOF KRAKOWIAK, v. THE PAUL REVERE LIFE INSURANCE COMPANY, Court:TCA AUGUST C. WINTER Two Brentwood Commons, Suite 150 750 Old Hickory Boulevard Brentwood, Tennessee 37027 ATTORNEY FOR PLAINTIFF/APPELLANT LUIS C. BUSTAMANTE J. FORD LITTLE Woolf, McClane, Bright, Allen & Carpenter 900 S. Gay Street, Suite 900 P. O. Box 900 Knoxville, Tennessee 37901-0900 ATTORNEYS FOR DEFENDANT/APPELLEE First Paragraph: Plaintiff Krzysztof Krakowiak appeals from the trial courts judgment granting the defendant, The Paul Revere Life Insurance Company ("Paul Revere") his motion for summary judgment, and the failure of the trial court to grant its motion for partial summary judgment. Judge: SAMUEL L. LEWIS, JUDGE URL:http://www.tba.org/tba_files/TCA/KRAK.OPN.WP6 JOHN LAY, v. SHEILA LAY (JACKSON), Court:TCA JOHNNY V. DUNAWAY, LaFollette, for Appellant. TERRY M. BASISTA, Jacksboro, for Appellee. First Paragraph: In this divorce action, the appellant, Ms. Lay, by choice, did not make an appearance in the trial court. A default judgment was granted awarding a divorce to the appellee, Mr. Lay. Some thirteen months later, the appellant filed a Rule 60.02 motion asking for relief from the judgment regarding the division of marital property. The trial court denied the motion. This appeal resulted. We affirm the judgment of the trial court. Judge: McMurray, J. URL:http://www.tba.org/tba_files/TCA/LAYJOHN.OPN.WP6 KNOX-TENN RENTAL COMPANY, and ROBERT C. LOWE, v. THE HOME INSURANCE COMPANY and RONALD L. JENKINS, Court:TCA PHILIP P. DURAND and RONALD L. GRIMM, AMBROSE, WILSON, GRIMM & DURAND, and ARCHIE R. CARPENTER, CARPENTER & OCONNOR, Knoxville, for Plaintiffs-Appellants. THOMAS C. CORTS, ORTALE, KELLEY, HERBERT & CRAWFORD, Nashville, for Defendant-Appellee, The Home Insurance Company. First Paragraph: Plaintiffs action to require defendant insurance company to satisfy an alleged balance owing on the plaintiffs state court judgment was dismissed by the Chancellor, who determined the judgment between plaintiffs and defendant in U.S. District Court was res judicata on the claim in this action. Judge: Franks. J. URL:http://www.tba.org/tba_files/TCA/LOWERC.OPN.WP6 MARVIN MCCARLEY and ELLISE MCCARLEY, v. WEST QUALITY FOOD SERVICE, Court:TCA T. Verner Smith of Jackson For Appellants Clinton V. Butler, Jr., and Dale Conder, Jr., of Rainey, Kizer, Butler, Reviere & Bell of Jackson For Appellee First Paragraph: Plaintiffs, Ellise and Marvin McCarley, appeal from the order of the trial court granting summary judgment in favor of the defendant, West Quality Food Service, doing business as Kentucky Fried Chicken in Bolivar, Tennessee. Judge: W. FRANK CRAWFORD, PRESIDING JUDGE, W.S. URL:http://www.tba.org/tba_files/TCA/MCCARLEY.OPN.WP6 MIKE WILSON and DENISE WILSON, v. TAMMY McDONALD, and JAMES ALLOWAY, IN RE: ADOPTION OF SHAWN RUSSELL LANE McDONALD Court:TCA DEBRA L. HOUSE of SOUTHEAST TENNESSEE LEGAL SERVICES, Cleveland, for Appellant JERRI S. BRYANT of CARTER, HARROD & CUNNINGHAM, Athens, for Appellees First Paragraph: In this case, Mike Wilson and his wife, Denise Wilson, filed a petition seeking to adopt Shawn Russell Lane McDonald (Shawn) (DOB: April 27, 1993). In their petition, they alleged that the defendant Tammy McDonald, the childs biological mother, had abandoned her parental rights. Following a bench trial on June 26, 1995, the trial judge found that Ms. McDonald had abandoned all parental rights with respect to Shawn. We granted Ms. McDonalds request for an interlocutory appeal pursuant to Rule 9, T.R.A.P., to consider her argument that her conduct was not such as to evince a settled purpose to forego all parental duties and relinquish all parental claims as that concept is defined and explained in the case of Ex Parte Wolfenden (Wolfenden), 349 S.W.2d 713 (Tenn. App. 1959) and its progeny. Judge: Susano, J. URL:http://www.tba.org/tba_files/TCA/MCDONTAM.OPN.WP6 SHEILA FAYE SMITH, and DIANE KINSEY, v PENINSULA HOSPITAL, INC., THE LIGHTHOUSE TREATMENT CENTER, THE KESTNER GROUP, INC., and JAMES E. KESTNER, Individually w/DISSENTING OPINION Court:TCA Jerrold L. Becker and Samuel W. Brown, Knoxville, for Appellant Sheila Faye Smith and for Appellant Diane Kinsey. Lewis R. Hagood, Robert N. Townsend and Douglas G. Brehm, Knoxville, for Appellees. First Paragraph: These plaintiffs jointly filed a single complaint against the appellees for damages allegedly arising out of their refusal to remain silent concerning or to participate in alleged illegal activities connected with their employment. They alleged collectively or singly (1) breach of contract, (2) violations of the Tennessee Human Rights Act, Tenn. Code Ann. 4-21-101 et seq., (3) invasion of privacy, (4) intentional infliction of emotional distress, (5) tortious interference with contractual and non-contractual rights of employment, and (6) retaliatory discharge in violation of common law and the Public Protection Act of 1990, Tenn. Code Ann. 50-1-304, et seq. The plaintiffs were admittedly at-will employees. Judge: INMAN, Senior Judge URL:http://www.tba.org/tba_files/TCA/SMIT-KIN.OPN.WP6 URL:http://www.tba.org/tba_files/TCA/SMIT-KIN.DIS.WP6 PAGE G. STUART, v. STATE OF TENNESSEE DEPARTMENT OF SAFETY, Court:TCA RICHARD McGEE Washington Square Two, Suite 417 Nashville, Tennessee 37201 JOHN E. RODGERS, SR. Suite 1230, First American Center 315 Deaderick Street Nashville, Tennessee 37238-1230 ATTORNEYS FOR PETITIONER/APPELLANT CHARLES W. BURSON Attorney General & Reporter JOHN ZIMMERMANN Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue, North Nashville, Tennessee 37201-1649 FOR RESPONDENT/APPELLEE First Paragraph: This appeal involves a judicial review of administrative proceedings before the Commissioner of Safety seeking the release of property seized by law enforcement officers pursuant to T.C.A. Section 53-11-451.From September 8, 1992 through June 18, 1993, law enforcement officers seized various properties allegedly connected with plaintiffs illegal drug activities. Plaintiff filed timely claims for release of the following properties: $120,406.00 in U.S. Currency, seized 9/8/92; $159,227.00 in U.S. Currency, seized 9/9/92; 1993 GMC Truck, VIN: 2GTEC19K1P1507785, seized 11/9/92 and 5/21/93; $3,000.00 in U.S. Currency, seized 4/12/93; $35,260.00 in U.S. Currency, Treasury Check for $8,820.00 and 100 Boxes of Sport Cards, seized 5/21/93; $315,000.00 in U.S. Currency, seized 6/3/93; and Two Cashiers Checks for $3,000.00 and $5,000.00, seized 6/18/93. Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION URL:http://www.tba.org/tba_files/TCA/STUARTPG.OPN.WP6 TRINA TUCK, v. STATE OF TENNESSEE, w/ OPINION CONCURRING IN PART AND DISSENTING IN PART Court:TCA RALPH M. MAYLOTT, Oak Ridge, for Appellant. BEAUCHAMP E. BROGAN, General Counsel, RONALD C. LEADBETTER, Associate General Counsel, University of Tennessee, and RHONDA ALEXANDER, Attorney, Knoxville, for Appellee. First Paragraph: This is an appeal from the action of the Tennessee Claims Commissioner in denying the claimant relief sought by a motion filed pursuant to Rule 60.02, Tennessee Rules of Civil Procedure. Specifically, the claimant challenges the validity of Tennessee Claims Commission Rule 0310-1-1-.01(5)(c). Claimant insists that the rule is in contravention of Rule 56, Tennessee Rules of Civil Procedure and further is a violation of Article 11, Section 8 of the Tennessee Constitution. We respectfully disagree and affirm the judgment of the claims commissioner. Judge: McMurray, J URL:http://www.tba.org/tba_files/TCA/TUCKTRIN.OPN.WP6 URL:http://www.tba.org/tba_files/TCA/TUCKTRIN.CON.WP6 TAMMY LYNN E. TYNDALL, v. DONALD RAY TYNDALL, Court:TCA SHERRY B. PATY, Chattanooga, for Plaintiff-Appellee. J. ESTES COCKE, East Ridge, for Defendant-Appellant. First Paragraph: In this divorce action, the mother was awarded custody of the parties son and daughter, ages four and three at the time of the divorce. The husband has appealed, insisting that it was error for the Trial Court to award custody of the children to the mother, and then allowing the mother to move from Chattanooga with the two children to Scott County, Tennessee. Judge: Franks. J. URL:http://www.tba.org/tba_files/TCA/TYNDALLT.OPN.WP6 DELOY WINNINGHAM, v. MAYFIELD BROWN and E. R. MCLERRAN, Court:TCCA JOHN PHILIP PARSONS MADEWELL, JARED, HALFACRE & WILLIAMS 230 North Washington Avenue Cookeville, Tennessee 38501 Attorney for Plaintiff/Appellant JAMES D. WHITE, JR. 101 Green Street Celina, Tennessee 38551 Attorney for Defendants/Appellees First Paragraph: This is an action for specific performance and/or damages arising from an alleged fraudulent inducement to contract. The lower court dismissed the plaintiffs claim. We affirm. Judge: BEN H. CANTRELL, JUDGE URL:http://www.tba.org/tba_files/TCA/WINNINGH.OPN.WP6 MALCOLM YATES WORLEY, v. RITA K. WORLEY, Court:TCA DOUGLAS THOMPSON BATES, III P.O. Box 1 Centerville, Tennessee 37033 ATTORNEY FOR PLAINTIFF/APPELLANT DANA DYE P.O. Box 11 105 West End Avenue Centerville, Tennessee 37033 ATTORNEY FOR DEFENDANT/APPELLEE First Paragraph: This is a suit and countersuit for divorce in which the wife was granted an absolute divorce on grounds of inappropriate marital conduct of the husband. On appeal, the husband presents issues which relate only to identification and division of the marital estate: The parties were married in 1958 and separated in 1995. Both parties worked during the marriage Their earnings were approximately equal. There are no minor children. Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION URL:http://www.tba.org/tba_files/TCA/WORLEYM.OPN.WP6 DANITA D. and RODNEY YOUNGBLOOD, v. KITTY REBECCA QUILLIAMS SOLOMON, Court:TCA PAUL CAMPBELL, III, Campbell and Campbell, Chattanooga, for Appellant. HOYT O. SAMPLES, Samples, Jennings & Pineda, Chattanooga, for Appellees. First Paragraph: This action arises from a typical intersection-traffic- light automobile accident. The case was tried before a jury. The jury rendered a verdict finding the defendant-appellant to be 100 percent at fault and established damages at $4,000 for the plaintiff, Rodney Youngblood and $11,500.00 for the plaintiff, Danita D. Youngblood. A counterclaim was dismissed. Judgment was entered on the jury verdict and this appeal resulted. We affirm in part and reverse in part. Judge: McMurray, J. URL:http://www.tba.org/tba_files/TCA/YOUNGBLO.OPN.WP6 STATE OF TENNESSEE, v. ROBERT J. BURTON, SR., Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: VICTORIA L. DIBONAVENTURA CHARLES W. BURSON Attorney at Law Attorney General and Reporter 209 West Wood Street Paris, TN 38242 WILLIAM DAVID BRIDGERS (at trial) Assistant Attorney General 450 James Robertson Parkway JOSEPH P. ATNIP Nashville, TN 37243 District Public Defender (at new trial) THOMAS A. THOMAS District Attorney General LANGDON S. UNGER, JR. Assistant Public Defender ALLEN J. STRAWBRIDGE, JR. 27th Judicial District Assistant District Attorney P.O. Box 1022 P. O. Box 218 Martin, TN 38237 Union City, TN 38261 (on appeal) First Paragraph: A Weakley County Circuit Court jury found Appellant Robert Burton guilty of one count of rape and one count of incest. As a Range I standard offender, Appellant received a sentence of twelve years for the rape conviction and a sentence of six years for the incest conviction. The sentences were ordered served concurrently. In this appeal, Appellant presents two issues for review: (1) whether the evidence presented at trial is legally sufficient to sustain convictions for rape and incest; and (2) whether the length of sentence is excessive. Additionally, the State presents an issue unaddressed by Appellant regarding the introduction of testimony under the fresh complaint doctrine. Judge: JERRY L. SMITH, JUDGE URL:http://www.tba.org/tba_files/TCCA/BURTONRB.OP.WP6 STATE OF TENNESSEE, v. BRIAN K. CASS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Brian K. Cass, Pro Se Charles W. Burson 2112 Prince Place Attorney General and Reporter Savannah, Tennessee 38372 450 James Robertson Parkway Nashville, Tennessee 37243-0493 Christina S. Shevalier Assistant Atty. Gen. & Reporter 450 James Robertson Parkway Nashville, Tennessee 37243-0493 Elizabeth T. Rice District Attorney General 302 Market Street Somerville, Tennessee 38068 Ed McDaniel Assistant District AG 300 Industrial Park Selmer, Tennessee 38375 First Paragraph: On September 28, 1994, the appellant, Brian K. Cass, was convicted by a McNairy County jury of the offense of driving under the influence of an intoxicant. The jury assessed a $500.00 fine against the appellant, and the trial court sentenced him to eleven months and twenty-nine days, with all but six days in jail suspended. The appellant, proceeding pro se, has filed this appeal alleging a multitude of trial court errors, some of which he contends are of constitutional proportions. Specifically, he contends that he was subjected to an invalid search and seizure at the time of his arrest; that he was unconstitutionally denied the right of counsel; that he was denied his right to compulsory process; and that he was denied his constitutional right to a fair and impartial jury. Additionally, the appellant contends that the trial judge and the district attorney general and her assistants had no authority to try and prosecute him for the offense charged; that the grand jury indictment against him was defective; and that the petit jury hearing the case was unlawfully constituted. Judge: William M. Barker, Judge URL:http://www.tba.org/tba_files/TCCA/CASSBRI.OPN.WP6 STATE OF TENNESSEE, v. KENNY CHEATHAM, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: ERIC L. DAVIS CHARLES W. BURSON 317 Main Street, Attorney General and Reporter Franklin, TN 37064 ELLEN H. POLLACK Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 JOE D. BAUGH, JR. District Attorney General DEREK SMITH Assistant District Attorney General P.O. Box 937 Franklin, TN 37065-0937 First Paragraph: The Defendant, Kenny Cheatham, brings this appeal as of right from a jury verdict convicting him of conspiracy to sell and deliver cocaine. For this Class C felony, the jury imposed a fine of ten thousand dollars, and the trial court sentenced him as a Range I standard offender to a six-year sentence in the Department of Correction. Judge: DAVID H. WELLES, JUDGE URL:http://www.tba.org/tba_files/TCCA/CHEATHAM.OPN.WP6 STATE OF TENNESSEE, v. GLEN D. CLAYBORNE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: LARRY E. FITZGERALD CHARLES W. BURSON 22 North Second Street Attorney General and Reporter Suite 410 Memphis, TN 38103 RUTH ANNE THOMPSON Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General JAMES M. LAMMEY, JR. Assistant District Attorney 201 Poplar Avenue Memphis, TN 38104 First Paragraph: A Shelby County Criminal Court jury found Appellant Glen Clayborne guilty of one count of second degree murder and one count of reckless homicide. As a Range I standard offender, Appellant received a sentence of twenty-five years for the second degree murder conviction and two years for the reckless homicide conviction. He also received an eight year sentence as a result of parole violation. All sentences were ordered served consecutively. In this appeal, Appellant presents four issues for review: (I) whether the evidence presented at trial is legally sufficient to sustain a conviction for second degree murder; (II) whether the trial court erred in admitting certain evidence; (III) whether the trial court erred in finding no mitigating factors in determining the length of his sentence; and (IV) whether the trial court erred in refusing to allow Appellants trial counsel to instruct the jury regarding moral certainty. Judge: JERRY L. SMITH, JUDGE URL:http://www.tba.org/tba_files/TCCA/CLAYBORN.OPN.WP6 SHARON ANN CONNER, v. STATE OF TENNESSEE, Court:TCCA For the Appellant: For the Appellee: William H. Bell Charles W. Burson 114 South Main Street Attorney General of Tennessee Greeneville, TN 37743 and Eugene J. Honea Assistant Attorney General of TN 450 James Robertson Parkway Nashville, TN 37243-0493 C. Berkeley Bell, Jr. District Attorney General and Cecil Mills, Jr. Assistant District Attorney General 113-J W. Church St. Greeneville, TN 37743 First Paragraph: The petitioner, Sharon Ann Conner, appeals as of right from the Greene County Criminal Courts dismissal of her petition for post-conviction relief because it was untimely filed. The petitioner was convicted of driving while under the influence of an intoxicant (DUI) on February 8, 1988. She did not appeal her conviction and has served the sentence she received. Judge: Joseph M. Tipton, Judge URL:http://www.tba.org/tba_files/TCCA/CONNERSA.OPN.WP6 STATE OF TENNESSEE v. CARLOS D. CRUTCHER Court:TCCA FOR THE APPELLANT: J. Estes Cocke Attorney At Law 4159 Ringgold Road, #106 East Ridge, Tn. 37412 FOR THE APPELLEE: Charles W. Burson Attorney General and Michael J. Fahey, II Assistant Attorney General 450 James Robertson Parkway Nashville, Tn. 37243 Bates Bryan, Jr. Assistant District Attorney Courts Building Chattanooga, Tn. 37402 First Paragraph: Appellant, Carlos D. Crutcher, appeals as of right from the trial court's dismissal of his petition for post-conviction relief. The appellant had originally been charged with First Degree Murder. On March 14, 1991, appellant pled guilty to Murder in the Second Degree and received a sentence of 50 years as a Range III offender. Judge: CHARLES LEE, Special Judge URL:http://www.tba.org/tba_files/TCCA/CRUTCHER.OPN.WP6 JACKIE RAY FOSTER, v., STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: THOMAS T. OVERTON CHARLES W. BURSON 213 Third Ave. N. Attorney General & Reporter Nashville, TN 37201 ELLEN H. POLLACK Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General JOHN P. SEABORG Asst. District Attorney General 200 Washington Square Suite 500 Nashville, TN 37201 First Paragraph: The petitioner was indicted for thirty counts of aggravated rape and fourteen counts of aggravated sexual battery. He pled guilty to and was convicted of two counts of aggravated rape and two counts of aggravated sexual battery. He was sentenced as a Range I, standard offender to twenty-five years for each of the aggravated rape convictions, and twelve years for each of the aggravated sexual battery cases, all sentences to run concurrently for an effective sentence of twenty five years. This was the sentence recommended by the State. Judge: JOHN H. PEAY, Judge URL:http://www.tba.org/tba_files/TCCA/FOSTERJR.OPN.WP6 STATE OF TENNESSEE, v. LEONARD A. FOX, Court: TCCA FOR THE APPELLANT: FOR THE APPELLEE: James V. Ball Charles W. Burson Attorney at Law Attorney General & Reporter 217 Exchange Avenue Memphis, TN 38105 John R. Collier Assistant Attorney General Joseph S. Ozment Financial Division Attorney at Law 500 Charlotte Avenue Nashville, TN 37243-0496 John W. Pierotti District Attorney General Rhea Clift Asst. Dist. Attorney General 201 Poplar Avenue, Third Floor Memphis, TN 38103 First Paragraph: The appellant, Leonard A. Fox, was convicted of simple assault and reckless endangerment. He was sentenced to 11 months 29 days for assault and three years for reckless endangerment. His sentences were ordered to run concurrently. On appeal, he argues: (1) the evidence was insufficient to sustain a conviction for assault, and (2) the evidence was insufficient to sustain a conviction for reckless endangerment. The state concedes his first issue. As to the appellant's remaining issue, we find the evidence insufficient to sustain a conviction for reckless endangerment. We vacate and dismiss. Judge: PAUL G. SUMMERS, Judge URL:http://www.tba.org/tba_files/TCCA/FOXLENRD.OPN.WP6 STATE OF TENNESSEE, v. RAY EDWARD HENSLEY, Court:TCCA For Appellant: For Appellee: Thomas E. Cowan Charles W. Burson Cowan and Landstreet, P.C. Attorney General & Reporter Colony Square 111 South Main Street Hunt S. Brown Elizabethton, TN 37643 Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Joe C. Crumley, Jr. Asst. District AG First Judicial District P.O. Box 38 Jonesborough, TN 37659 First Paragraph: The defendant, Ray Hensley, was convicted of DUI (third offense), driving on a revoked license, and unlawful possession of a weapon. The trial court imposed consecutive sentences of 11 months and 29 days (mandatory 150 days in jail), six months (mandatory 20 days in jail), and thirty days (mandatory 10 days in jail) respectively. On appeal, the defendant challenges the sufficiency of the evidence on each offense. Judge: GARY R. WADE, JUDGE URL:http://www.tba.org/tba_files/TCCA/HENSLEYR.OPN.WP6 STATE OF TENNESSEE, v. ANTHONY B. HESTER, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: THOMAS A. STOREY CHARLES W. BURSON 211 Printers Alley Attorney General & Reporter Nashville, TN KAREN M. YACUZZO Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General ROGER MOORE Asst. District Attorney General 222 2nd Ave. N. Washington Square, Suite 500 Nashville, TN 37201 First Paragraph: The defendant, a pawnbroker, was indicted for, among other things, knowingly failing to obtain the local address of a pawnor in violation of T.C.A. 45-6 213 (1993). The defendant pled nolo contendere to this charge. Judge: JOHN H. PEAY, Judge URL:http://www.tba.org/tba_files/TCCA/HESTERAB.OPN.WP6 STATE OF TENNESSEE, v. JEROME DAJUAN HILL, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Gerald L. Gulley, Jr. Charles W. Burson P.O. Box 1708 Attorney General & Reporter Knoxville, TN (On Appeal) Darian B. Taylor Assistant Attorney General Laurie Andrijeski Criminal Justice Division 4900 Jonquil Lane 450 James Robertson Parkway Knoxville, TN 37909 Nashville, TN 37243-0493 Randall E. Nichols District Attorney General Fred Bright Asst. Dist. Attorney General City-County Building Knoxville, TN 37902 First Paragraph: The appellant, Jerome Dajuan Hill, pled guilty to three counts of aggravated robbery. Following a hearing, the appellant received an eighteen year sentence in each count as a Range II offender. The sentences in counts one and two were ordered to run consecutively with the third sentence running concurrently with the second. The appellant appeals this effective thirty-six year sentence claiming: (1) that the trial court improperly imposed consecutive sentences and (2) that the trial court improperly enhanced the sentence within the sentencing range. We affirm the sentences imposed by the trial court. Judge: PAUL G. SUMMERS, Judge URL:http://www.tba.org/tba_files/TCCA/HILLJERD.OPN.WP6 STATE OF TENNESSEE, v. WOODROW FREDERICK JACKSON, Court:TCCA For the Appellant: For the Appellee: Vicki H. Hoover Charles W. Burson Ainley & Hoover Attorney General and Reporter 123 North Poplar St. Paris, TN 38242 Hunt S. Brown Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Robert "Gus" Radford District Attorney General Vicki Snyder Asst. District Attorney General P. O. Box 686 Huntingdon, TN 38344 First Paragraph: The appellant, Woodrow Frederick Jackson, was convicted of one count of rape and one count of aggravated kidnapping following a jury trial in the Circuit Court of Henry County. The trial court sentenced the appellant as a Range II offender to seventeen years incarceration for the rape conviction and twenty years incarceration for the aggravated kidnapping conviction. The court ordered that the sentences be served concurrently. In this appeal as of right, the appellant raises six issues for our review: (1) Whether the trial court properly overruled the appellants challenge to the racial composition of the jury; (2) Whether the verdict was contrary to the weight of the evidence presented; (3) Whether the sentence imposed by the trial court was harsh, unfair, prejudicial and much greater than the normal sentence in like cases; (4) Whether the trial court erred by finding the appellant to be a Range II offender; (5) Whether the trial court erred by referring to the knife allegedly used in the commission of the crime as enhancement for sentencing when the verdict was for rape and not aggravated rape; and (6) Whether the trial court erred by denying the appellant probation. Judge: David G. Hayes Judge URL:http://www.tba.org/tba_files/TCCA/JACKSONW.OPN.WP6 JERRY L. JOHNS, v. JAMES BOWLEN, Warden, Court:TCCA For the Appellant: For the Appellee: Philip A. Condra Charles W. Burson District Public Defender Attorney General and Reporter Frances W. Pryor, Jr. Amy L. Tarkington Asst. Public Defender Assistant Attorney General P. O. Box 220 Criminal Justice Division Jasper, TN 37347 450 James Robertson Parkway Nashville, TN 37243-0493 James Michael Taylor District Attorney General First American Bank Building 265 3rd Ave., Suite 300 Dayton, TN 37321 First Paragraph: The appellant, Jerry L. Johns, appeals from the order of the Circuit Court of Bledsoe County dismissing his petition for writ of habeas corpus. The appellant is currently serving an effective sentence of seventy-three years pursuant to 1987 Knox County convictions for aggravated kidnapping, assault with intent to commit first degree murder, armed robbery, and reckless driving. He is incarcerated at the Bledsoe County facility of the Tennessee Department of Correction. The appellant contends that his convictions are void, because the State lacked jurisdiction to try him for the offenses committed in Knox County. Judge: David G. Hayes Judge URL:http://www.tba.org/tba_files/TCCA/JOHNSJER.OPN.WP6 STATE OF TENNESSEE, v. BETTY LEVANDOWSKI, Court:TCCA For the Appellant: For the Appellee: J. D. Hickman Charles W. Burson Attorney at Law Attorney General and Reporter 830 Liberty Drive Kingsport, TN 37663 Hunt S. Brown Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 H. Greeley Wells, Jr. District Attorney General Nancy Harr and Barry Staubus Asst. District Attorneys General Blountville, TN 37617 First Paragraph: The appellant, Betty Levandowski, appeals from her jury convictions for the offenses of aggravated child abuse, a class B felony, and making a false report to a law enforcement officer, a class A misdemeanor. In this appeal, the appellant raises two issues for our review. First, the appellant argues that the evidence was insufficient for the jury to find her guilty of aggravated child abuse. Second, the appellant contends that Tenn. Code Ann. 39-16-502(a)(1) (1991), the statutory provision setting forth the offense of false reporting to a law enforcement officer, is void because it is unconstitutionally overbroad and vague. Judge: David G. Hayes Judge URL:http://www.tba.org/tba_files/TCCA/LEVANDOW.OPN.WP6 STATE OF TENNESSEE, v. JAMES EDWARD McKNIGHT, Court:TCCA For the Appellant: For the Appellee: John Bumpus Charles W. Burson Attorney at Law Attorney General and Reporter 201 West Main Street Suite 204 Charlotte H. Rappuhn Murfreesboro, TN 37130 Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 William Whitesell District Attorney General Paul A. Holcombe, III Asst. District Attorney General Rutherford County Judicial Bldg. Murfreesboro, TN 37130 First Paragraph: On May 10, 1995, the appellant pled guilty in the Rutherford County Circuit Court to theft of property under $500.00, a class A misdemeanor. On June 12, 1995, the trial court sentenced the appellant to 11 months and 29 days confinement in the Rutherford County Workhouse. The trial court set the percentage of the sentence to be served at seventy-five percent. The appellant now presents two issues for our review. First, he contends that a release eligibility percentage of seventy-five percent is excessive. Second, he contends that the trial court improperly ordered that his sentence in the instant case be served consecutively to two unserved sentences previously imposed pursuant to misdemeanor convictions for possession of cocaine and drug paraphernalia. Judge: David G. Hayes Judge URL:http://www.tba.org/tba_files/TCCA/MCKNIGHT.OPN.WP6 STATE OF TENNESSEE, v. DAVID T. PANN, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Edwin C. Lenow Charles W. Burson 100 North Main Building Attorney General and Reporter No. 2325 450 James Robertson Parkway Memphis, Tennessee 38103 Nashville, Tennessee 37243-0493 Robin L. Harris Assistant Atty. Gen. & Reporter 450 James Robertson Parkway Nashville, Tennessee 37243-0493 John W. Pierotti District Attorney General Kevin R. Rardin Assistant District Attorney General 201 Poplar Avenue Third Floor Memphis, Tennessee 38103 First Paragraph: The appellant, David T. Pann, appeals as of right from the judgment of the Shelby County Criminal Court ordering him to serve his three (3) year sentence for vehicular homicide in the Shelby County Correctional Center. The sole issue presented in this appeal is whether the trial court erred when it refused to order an alternative sentence. Judge: William M. Barker, Judge URL:http://www.tba.org/tba_files/TCCA/PANNDT.OPN.WP6 STATE OF TENNESSEE v. EDWINA PASCHAL, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: William L. Johnson Charles W. Burson Attorney at Law Attorney General Suite 1150 50 North Front Street George Linebaugh Memphis, TN 38103 Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493 John W. Pierotti District Attorney General David C. Henry Assistant District Attorney General Memphis, TN 38103 First Paragraph: Pursuant to her plea of guilty of the offense of theft of property valued at under $10,000.00, the appellant was sentenced to serve two years in the Shelby County Correctional Center. Her petition for judicial diversion was granted and her sentence was deferred until March 13, 1997. However, the State filed a petition to revoke the suspended sentence which was granted after the trial judge heard testimony from the probation officer and the appellant. Judge: JERRY SCOTT, SPECIAL JUDGE URL:http://www.tba.org/tba_files/TCCA/PASCHALE.OPN.WP6 STATE OF TENNESSEE, v. STEPHEN TRACY SHELINE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: DONALD MART LASLEY CHARLES W. BURSON 8857 Dayton Pike Attorney General and Reporter Soddy-Daisy, TN 37379 DARIAN B. TAYLOR Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 GARY D. GERBITZ District Attorney General REBECCA STERN Assistant District Attorney General City-County Courts Building 600 Market Street Chattanooga, TN 37402-1972 First Paragraph: The Defendant, Stephen Sheline, brings this appeal as of right from a jury verdict convicting him of rape. He was sentenced to eight years of split confinement, with eleven months and twenty-nine days to be served in the county workhouse and seven years on supervised probation. He appeals this conviction. We reverse the judgment of the trial court. Judge: DAVID H. WELLES, JUDGE URL:http://www.tba.org/tba_files/TCCA/SHELINE.OPN.WP6 DARRELL WAYNE TAYLOR, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Darrell Wayne Taylor, Pro Se Charles W. Burson R.M.S.I., Unit-II, 106-C Attorney General/Reporter Nashville, TN Rebecca L. Gundt Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 John W. Pierotti District Attorney General Robert Carter Assistant District Attorney General 201 Poplar Avenue, Suite 301 Memphis, TN 38103-1947 First Paragraph: The appellant is an inmate in the State Penitentiary under sentence of death for the offense of murder in the perpetration of a robbery. On appeal to the Tennessee Supreme Court his conviction was affirmed. State v. Taylor, 774 S.W.2d 163 (Tenn. 1989). Certiorari was denied by the United States Supreme Court. Taylor v. Tennessee, 493 U.S. 945, 110 S. Ct. 355, 107 L.Ed. 2d 342 (1989). Judge: JERRY SCOTT, SPECIAL JUDGE URL:http://www.tba.org/tba_files/TCCA/TAYLORD.OPN.WP6 STATE OF TENNESSEE,v. ROBERT L. THOMPSON, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: JOSEPH L. HORNICK CHARLES W. BURSON 304 E. College St. Attorney General & Reporter Dickson, TN 37055 MICHELLE L. LEHMANN Counsel for the State 450 James Robertson Pkwy. Nashville, TN 37243-0493 DAN M. ALSOBROOKS District Attorney General ROBERT WILSON Asst. District Attorney General P.O. Box 580 Charlotte, TN 37036 First Paragraph: The defendant was indicted for and pled guilty to the sale of 5.2 grams of cocaine and possession of marijuana for resale. Under a plea agreement, he was sentenced as a Range I, standard offender, to eight years on the cocaine charge, a Class B felony, and two years on the marijuana charge, to run concurrently. The issue of whether the defendant would receive a suspended or some other form of alternative sentence was reserved for a hearing. Judge: JOHN H. PEAY, Judge URL:http://www.tba.org/tba_files/TCCA/THOMPRL.OPN.WP6 STATE OF TENNESSEE, v. CHAD EDWARD WYATT, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Guy T. Wilkinson Charles W. Burson District Public Defender Attorney General & Reporter W. Jeffery Fagan Michael J. Fahey, II Asst. Dist. PD Assistant Attorney General P.O. Box 663 Criminal Justice Division Camden, TN 38320 450 James Robertson Parkway Nashville, TN 37243-0493 Robert "Gus" Radford District Attorney General Vicki L. Snyder Asst. Dist. Attorney General P.O. Box 686 Huntingdon, TN 38344 First Paragraph: The appellant, Chad Edward Wyatt, pled guilty to two counts of theft of property and one count of criminal responsibility. He received an effective sentence of two (2) years incarceration with all but the first ninety (90) days suspended. On appeal, he contends that the trial court should have either placed him on community corrections or suspended his entire sentence. We affirm the trial court. Judge: PAUL G. SUMMERS, Judge URL:http://www.tba.org/tba_files/TCCA/WYATTCE.OPN.WP6
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