Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.
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- 00-New Opinons From TSC-Rules
- 16-New Opinons From TSC-Workers Comp Panel
- 09-New Opinons From TCA
- 14-New Opinons From TCCA
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BEECHER KENT BILBREY v. ROADWAY EXPRESS, INC., w/JUDGMENT ORDER Court: TSC (Workers Comp Panel) For the Appellant: For the Appellee: Nolan R. Goolsby Eugene Stone Forrester, Jr. Bennett & Goolsby Farris, Mathews, Gilman, 107 South Washington Ave Branan & Hellen Cookeville, TN 38501 1 Commerce Square, Suite 2000 Memphis, TN 38103 First Paragraph: Plaintiff, Beecher Kent Bilbrey, has appealed from the action of the trial court in dismissing his claim for benefits because he failed to render proper notice of the claim to defendant, Roadway Express, Inc. The Chancellor made alternative findings regarding all other aspects of the claim in the event it was determined the notice requirement had been complied with or reasonably excused. Judge: THAYER, Special Judge URL:http://www.tba.org/tba_files/TSC_WCP/BILBREY.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/BILBREY.JDG.WP6 BETTY JO CLEGHORN,v. SUBURBAN HOME HEALTH, INC., w/JUDGMENT ORDER Court: TSC (Workers Comp Panel) For the Appellants: For the Appellee: Mary Leech Raymond S. Leathers 710 Stewarts Ferry Pike Gracey, Ruth, Howard, Tate P.O. Box 291564 & Howell Nashville, TN 37229-1564 150 2nd Ave. N., Ste. 201 Nashville, TN 37201 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 held that the plaintiff had not met her burden of proving that she sustained a permanent vocational disability as a result of her work-related injury. Plaintiff appeals, asserting that the evidence does not support the trial courts judgment. Judge: BYERS, Senior Judge URL:http://www.tba.org/tba_files/TSC_WCP/CLEGHORN.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/CLEGHORN.JDG.WP6 EUNICE IRENE FREEMAN, v. SPORTSWEAR AND ASSOCIATES and LIBERTY MUTUAL INSURANCE COMPANY, w/JUDGMENT ORDER Court: TSC (Workers Comp Panel) For the Appellants: For the Appellee: Luther E. Cantrell, Jr. E. Guy Holliman Davies,Cantrell,Humphreys William Joseph Butler & McCoy 150 2d Ave. N., Ste. 225 Farrar & Holliman P.O. Box 190609 102 Scottsville Hwy. Nashville, TN 37219-0609 Lafayette, TN 37083 First Paragraph: The trial judge found the plaintiff had suffered a 65% permanent partial disability to the body as a whole and entered judgment accordingly. The issues raised by the defendant are: 1) Whether the proof preponderates against the trial courts judgment as excessive. 2) Whether the trial court erred in holding that the plaintiffs award was not limited to two and a half times the medical impairment rating. 3) Whether the trial court erred in awarding the plaintiff a lump sum payment. Judge: BYERS, Senior Judge URL:http://www.tba.org/tba_files/TSC_WCP/FREEMAN.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/FREEMAN.JDG.WP6 GLENN H. HALL, v. BRIDGESTONE/FIRESTONE, INC. and INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, w/JUDGMENT ORDER Court: TSC (Workers Comp Panel) For Appellants: For Appellee: Patrick A. Ruth R. Steven Waldron Kitty Boyte Terry A. Fann Nashville, Tennessee Murfreesboro, Tennessee First Paragraph: The trial court awarded the employee, Glenn Hall, workers compensation benefits for the total loss of hearing in his left ear. On appeal the employer asserts that the employee failed to notify the employer of the injury as required by the workers compensation statute. We affirm the trial courts finding that the proper notice was given. Judge: Cantrell, Special Judge URL:http://www.tba.org/tba_files/TSC_WCP/HALL.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/HALL.JDG.WP6 JOHNSON CONTROLS, v. SHELBY J. COTHAM and LARRY BRINTON, DIRECTOR, SECOND INJURY FUND w/JUDGMENT ORDER Court: TSC (Workers Comp Panel) For the Appellant: For the Appellees: John D. Burleson Phillip W. Kendrick Dale Conder, Jr. Kendrick & Kendrick Rainey,Kizer,Butler,Reviere 5115 Maryland Way & Bell, P.L.C. Brentwood, TN 37027 105 S. Highland Avenue P. O. Box 1147 Dianne Stamey Dycus Jackson, TN 38302-1147 1510 Parkway Towers 404 Robertson Parkway Nashville, TN 37243-0499 First Paragraph: Plaintiff, Johnson Controls, Inc., instituted suit against defendant, Shelby J. Cotham, seeking a determination as to whether the defendant employee had sustained a work-related injury which was compensable. The Circuit Judge found the claim to be compensable and awarded 100 percent permanent disability benefits apportioning 75 percent of the award to plaintiff-employer and 25 percent to the Second Injury Fund. Judge: THAYER, Special Judge URL:http://www.tba.org/tba_files/TSC_WCP/JOHNSON.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/JOHNSON.JDG.WP6 JOHN PRIMM, v. UCAR CARBON COMPANY, INC., w/JUDGMENT ORDER Court: TSC (Workers Comp Panel) For the Appellant: For the Appellee: Kitty Boyte John S. Colley, III Julia J. Tate Colley & Colley 150 Second Avenue North P. O. Box 1476 Suite 201 Columbia, TN 38402-1476 Nashville, TN 37201 First Paragraph: Defendant, UCAR Carbon Company, Inc., has appealed from the action of the trial court in awarding plaintiff, John Primm, 65% permanent partial disability benefits to the body as a whole. Defendant contends the trial court was in error (1) in awarding 65% disability to the body as a whole, (2) in denying Defendant a set-off for payments of short-term disability insurance benefits and (3) in commuting the award to one lump sum payment. Judge: THAYER, Special Judge URL:http://www.tba.org/tba_files/TSC_WCP/PRIMM.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/PRIMM.JDG.WP6 KATHY SHRUM, v INSURANCE COMPANY OF THE STATE OF PENNSYLVANIA, w/JUDGMENT ORDER Court: TSC (Workers Comp Panel) For the Appellant: For the Appellees: D. Randall Mantooth Frank D. Farrar Leitner, Warner, Moffitt, William J. Butler Williams,Dooley & Napolitan, 102 Scottsville Hwy. 2300 First American Center P.O. Box 280 Nashville, TN 37238 Lafayette, TN 37083 First Paragraph: This appeal by Defendant, Insurance Company of the State of Pennsylvania, has resulted from the action of the trial court in authorizing the employee to seek treatment from a physician not designated by the employer. The dispute has arisen after the parties reached a settlement of all issues, and it relates to post-judgment treatment of plaintiff, Kathy Shrum. Judge: THAYER, Special Judge URL:http://www.tba.org/tba_files/TSC_WCP/SHRUM.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/SHRUM.JDG.WP6 FARHAD YASIN SORANI, v. ROYAL INSURANCE COMPANY OF AMERICA and KENCO PLASTICS, INC., w/JUDGMENT ORDER Court: TSC (Workers Comp Panel) For Appellants: For Appellee: David T. Hooper Frank D. Farrar Hooper & Hooper William Joseph Butler Brentwood, Tennessee Farrar & Holliman Lafayette, Tennessee First Paragraph: The trial judge awarded compensation to the worker based on 50% permanent partial disability to both arms. Because we find that the evidence preponderates against the award, we modify it to 25% disability to both arms. Judge: Cantrell, Special Judge URL:http://www.tba.org/tba_files/TSC_WCP/SORANI.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/SORANI.JDG.WP6 EVELYN DIANNE BEECHAM, v. TOM WAYNE BEECHAM, Court:TCA PAUL A. BATES CHRISTOPHER V. SOCKWELL BOSTON, BATES & HOLT 235 Waterloo Street P. O. Box 357 Lawrenceburg, Tennessee 38464 Attorneys for Plaintiff/Appellee RANDY HILLHOUSE FREEMON & HILLHOUSE 327 West Gaines Street P. O. Box 787 Lawrenceburg, Tennessee 38464 Attorney for Defendant/Appellant First Paragraph: The issues raised in this divorce case involve the award of alimony, attorneys fees, and discretionary costs. We modify the lower courts judgment to delete the award of alimony in solido. Otherwise, we affirm. Judge: BEN H. CANTRELL, JUDGE URL:http://www.tba.org/tba_files/TCA/BEECHAME.OPN.WP6 JOSEPH SEAN DAMRON and wife, MRS. JOSEPH SEAN DAMRON, v. BIANKA DENISE SADLER, w/DISSENTING OPINION Court:TCA C. ALEX MEACHAM 5220 Murfreesboro Road LaVergne, Tennessee 37086 ATTORNEY FOR PLAINTIFFS/APPELLANTS THOMAS M. DONNELL, JR. DAVID P. CANAS Stewart, Estes & Donnell SunTrust Center, 14th Floor 424 Church Street Nashville, Tennessee 37219-2392 ATTORNEYS FOR DEFENDANT/APPELLEE First Paragraph: The captioned plaintiffs have appealed from the judgment of the Trial Court sustaining the motion of defendant to dismiss for lack of personal jurisdiction and insufficient service of process.On April 3, 1992, plaintiffs filed their complaint alleging that they received personal injuries in a collision on April 5, 1991 caused by defendants negligence, and that defendant was a resident of Rutherford County, Tennessee. Judge: HENRY F. TODD PRESIDING JUDGE, MIDDLE SECTION URL:http://www.tba.org/tba_files/TCA/DAMRONJS.OPN.WP6 URL:http://www.tba.org/tba_files/TCA/DAMRONJS.DIS.WP6 CHARLES A. GRIFFIN, v. CHARLES TRAUGHBER, COLIS NEWBLE, DAWN CHASE, ROSE HILL, JIM GRISHAM, JOHN MCGRANAHAN, and TENNESSEE BOARD OF PAROLES, Court:TCA CHARLES A. GRIFFIN, PRO SE Turney Center - 1A/58 Route 1 Only, Tennessee 37140-9709 CHARLES W. BURSON Attorney General and Reporter PATRICIA C. KUSSMANN Assistant Attorney General 404 James Robertson Parkway Suite 2000 Nashville, Tennessee 37243 ATTORNEY FOR RESPONDENTS\APPELLEES First Paragraph: This is an appeal by petitioner/appellant, Charles A. Griffin, from the trial courts order granting summary judgment in favor of respondents/appellees, Charles Traughber, Colis Newble, Dawn Chase, Rose Hill, Jim Grisham, John McGranahan, and Tennessee Board of Paroles (the Board). Judge: SAMUEL L. LEWIS, JUDGE URL:http://www.tba.org/tba_files/TCA/GRIFFINC.OPN.WP6 William A. Hall and Beef Transport, Inc., v. Tennessee Dressed Beef Co. and Richard N. Hall, and William A. Hall, derivatively on behalf of Tennessee Dressed Beef Co., v. Richard N. Hall, Court:TCA JEFFERY A. GREENE ALVIN L. HARRIS Greene & Greene P.O. Box 198768 323 Union Street Nashville, Tennessee 37219-8768 ATTORNEYS FOR PLAINTIFFS/APPELLANTS JOHN S. HICKS DARWIN A. HINDMAN III Baker, Donelson, Bearman & Caldwell A Professional Corporation 1700 Nashville City Center 511 Union Street Nashville, Tennessee 37219 ATTORNEYS FOR DEFENDANTS/APPELLEES First Paragraph: This is an appeal by plaintiffs/appellants, William A. Hall and Beef Transport, Inc. ("BTI"), from an order of the chancery court granting summary judgment in favor of defendants/appellees, Richard A. Hall and Tennessee Dressed Beef Company ("TDBC"). Judge: SAMUEL L. LEWIS, JUDGE URL:http://www.tba.org/tba_files/TCA/HALLWLA.OPN.WP6 JENNIE RHEA BURKE SMITH,v. ROBERT DUDLEY SMITH, JR., Court:TCA PEGGY D. MATHES 214 Second Avenue North, Suite 105 Nashville, Tennessee 37201 Attorney for Plaintiff/Appellee DOT DOBBINS DOBBINS & VENICK 2100 West End Avenue, Suite 850 Nashville, Tennessee 37203 Attorney for Defendant/Appellant First Paragraph: In this divorce case the husband contests the trial judges award of rehabilitative alimony, the division of marital property, and the order to pay private school tuition for the wifes child by a former marriage. The wife insists that the trial judge erred in amending the final decree based on inadmissible evidence and in ordering the wife to pay one-half of the mortgage payment for January 1995. We modify the award of rehabilitative alimony and the order allowing the husband to recover one-half of the property held jointly with the wifes daughter; otherwise we affirm. Judge: BEN H. CANTRELL, JUDGE URL:http://www.tba.org/tba_files/TCA/SMITHJR.OPN.WP6 LAURA GAIL STEPHENS, v. DONALD JACKSON STEPHENS, Court:TCA MARY FRANCES LYLE Bruce, Weathers, Corley, Dughman & Lyle First American Center, 20th Floor 315 Deaderick Street Nashville, Tennessee 37238-2075 ATTORNEY FOR PLAINTIFF/APPELLEE THOMAS F. BLOOM 500 Church Street, 5th Floor Nashville, Tennessee 37219 ATTORNEY FOR DEFENDANT/APPELLANT First Paragraph: Defendant, Donald Jackson Stephens ("Husband"), appeals from the judgment of the trial court in this divorce action and raises two issues. He insists that the trial court erred in dividing the parties marital property and in its award of alimony in futuro to plaintiff, Laura Gail Stephens ("Wife"). Judge: SAMUEL L. LEWIS, JUDGE URL:http://www.tba.org/tba_files/TCA/STEPHENL.OPN.WP6 GWENDOLYN G. THOMPSON (BROWNING), v. DONALD LOUISE THOMPSON, Court:TCA Robert W. Rutherford, Sue McKnight Evans Carol L. Soloman Nashville, For Appellee Nashville, For Appellant First Paragraph: Petitioner-appellant, Gwendolyn G. Thompson (Browning) (Wife), appeals from the order of the trial court awarding respondent-appellee, Donald Lewis Thompson (Husband), attorney fees in the amount of $500.00. Judge: W. FRANK CRAWFORD, PRESIDING JUDGE, W.S. URL:http://www.tba.org/tba_files/TCA/THOMPSG.OPN.WP6 CAROLYN FAYE BALL WILLIAMS, v. VICTOR LEGRAND WILLIAMS, SR., Court:TCA WM. Kennerly Burger 301 N. Spring Street P.O. Box 398 Murfreesboro, Tennessee 37133-0398 ATTORNEY FOR RESPONDENT/APPELLANT R. Steven Waldron Terry A. Fann 202 West Main Street Murfreesboro, Tennessee 37130 ATTORNEYS FOR PETITIONER/APPELLEE First Paragraph: This is an appeal by respondent/appellant, Victor Legrand Williams, Sr. (Husband), from an order of the trial court modifying the final decree entered in the divorce of Husband and petitioner/appellee, Carolyn Faye Ball Williams (Wife). The modification reduced Husbands alimony obligation to Wife by $400.00 per month. Judge: SAMUEL L. LEWIS, JUDGE URL:http://www.tba.org/tba_files/TCA/WILLIACF.OPN.WP6 TERRY D. BARBER,v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Christopher M. Minton Charles W. Burson Attorney at Law Attorney General & Reporter 213 Fifth Avenue, North 450 James Robertson Parkway Nashville, TN 37219 Nashville, TN 37243-0493 John P. Cauley Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 C. Phillip Bivens District Attorney General P.O. Drawer E Dyersburg, TN 38024 First Paragraph: The appellant, Terry D. Barber, appeals as of right from a judgment of the trial court summarily dismissing his suit for post-conviction relief. The trial court found that the suit was barred by the statute of limitations. However, the trial court also considered the grounds raised in the petition, as amended, and found that the each ground alleged had either been previously determined or waived. This Court finds that the suit was not barred by the statute of limitations, but the grounds raised by the appellant have been either previously determined or waived. Therefore, the judgment of the trial court is affirmed. Judge: Joe B. Jones, Presiding Judge URL:http://www.tba.org/tba_files/TCCA/BARBERTD.OPN.WP6 STATE OF TENNESSEE,v. JOHNNY FRED BAYLES, Court:TCCA FOR THE APPELLEE: FOR THE APPELLANT: John E. Herbison Charles W. Burson 2016 Eighth Avenue South Attorney General & Reporter Nashville, TN 37204 (On Appeal) Ellen H. Pollack Assistant Attorney General George Morton Googe Criminal Justice Division District Public Defender 450 James Robertson Parkway Nashville, TN 37243-0493 Stephen P. Spracher Asst. Public Defender Jerry Woodall 227 W. Baltimore District Attorney General Jackson, TN 38301 (At Trial) James W. Thompson Asst. Dist. Attorney General First Paragraph: The appellee, Johnny Fred Bayles, pled guilty to aggravated sexual battery in 1991. As a Range I offender, he was sentenced to twelve years in the Department of Correction. He was ordered to serve the first eleven months and twenty-nine days in the workhouse with the balance to be served in community corrections. In November 1993, the appellee was transferred from community corrections to the Department of Correction Adult Probation to serve the remainder of his sentence. One condition of probation was that the appellee have no contact with the victim. Judge: PAUL G. SUMMERS,Judge URL:http://www.tba.org/tba_files/TCCA/BAYLESJF.OPN.WP6 STATE OF TENNESSEE, v. KENNY BONDS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Jan R. Patterson Charles W. Burson Attorney at Law Attorney General & Reporter 225 West Baltimore, Suite B Jackson, TN 38301 Kathy Morante Deputy Attorney General Tom W. Crider 450 James Robertson Parkway District Public Defender Nashville, TN 37243-0493 107 S. Court Square Trenton, TN 38382 Clayburn Peeples (at trial and of counsel District Attorney General on appeal) Larry Hardister and Sarah Levy Asst. Dist. Attorneys General 109 E. First Street Trenton, TN 38382 First Paragraph: The appellant, Kenny Bonds, was convicted of aggravated assault. He was sentenced to six years confinement. He raises three issues on appeal challenging: (1) the sufficiency of the evidence, (2) the sentence, and (3) the trial judge's exercise of his duty as thirteenth juror. We affirm. Judge: PAUL G. SUMMERS,Judge URL:http://www.tba.org/tba_files/TCCA/BONDSKEN.OPN.WP6 STATE OF TENNESSEE, v. GEORGE CAMPBELL, JR., Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Brett Stein Charles W. Burson Attorney at Law Attorney General & Reporter 100 North Main Building 450 James Robertson Parkway Memphis, TN 38103 Nashville, TN 37243-0493 Wayne Chastain Eugene J. Honea Attorney at Law Assistant Attorney General 66 Monroe Avenue, Suite 804 450 James Robertson Parkway Memphis, TN 38103 Nashville, TN 37243-0493 John W. Pierotti District Attorney General 201 Poplar Avenue, Third Floor Memphis, TN 38103 Thomas D. Henderson Asst. District Attorney General 201 Poplar Avenue, Third Floor Memphis, TN 38103 First Paragraph: The appellant, George Campbell, Jr. (Campbell), was convicted of felony murder and aggravated assault by a jury of his peers. The jury sentenced the appellant to confinement for life in the Department of Correction for the felony murder. The trial court found that the appellant was a multiple offender and imposed a Range II sentence of confinement for ten (10) years in the Department of Correction. The trial court ordered that the two sentences be served consecutively. Judge: Joe B. Jones, Judge URL:http://www.tba.org/tba_files/TCCA/CAMPBGEO.OPN.WP6 STATE OF TENNESSEE, v. BARBARA COPELAND, Court:TCCA For the Appellee: For the Appellant: C. Philip Owens Charles W. Burson Attorney at Law Attorney General and Reporter 380 East Main Street Newport, TN 37821 Michael J. Fahey, II Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Alfred C. Schmutzer, Jr. District Attorney General O. Duane Slone Asst. District Attorney General 125 Court Avenue, Suite 301E Sevierville, TN 37862 First Paragraph: This is an appeal by the State of Tennessee pursuant to Rule 3(c) of the Tennessee Rules of Appellate Procedure. On November 29, 1993, the appellee, Barbara Copeland, filed a motion to suppress all evidence seized pursuant to a search warrant issued and executed for her residence on December 12, 1992. The Cocke County Circuit Court found that the search warrant was fatally defective because the allegations in the affidavit were insufficient to justify the issuance of the warrant. Accordingly, the trial court granted the motion to suppress. The State appeals the order of the trial court suppressing the evidence seized from the appellee's residence. After a review of the record and the applicable law, we affirm the judgment of the trial court. Judge: David G. Hayes Judge URL:http://www.tba.org/tba_files/TCCA/COPELBAR.OPN.WP6 DAVID ANDREW HARVEY,v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: David Andrew Harvey Charles W. Burson Pro Se Attorney General and Reporter Carter County Work Camp 450 James Robertson Parkway Caller #1 Nashville, Tennessee 37243-0493 Roan Mountain, TN 37687 Eugene J. Honea Assistant Atty. Gen. & Reporter 450 James Robertson Parkway Nashville, Tennessee 37243-0493 David E. Crockett District Attorney General Route 19, Box 99 Johnson City, Tennessee 37601 First Paragraph: The appellant, David Andrew Harvey, appeals as of right from the dismissal by the Carter County Criminal Court of his petition for a writ of habeas corpus. Upon entering pleas of guilty in November 1991, the appellant was convicted of second degree murder and especially aggravated robbery. Judge: William M. Barker, Judge URL:http://www.tba.org/tba_files/TCCA/HARVEYDA.OPN.WP6 STATE OF TENNESSEE, v. SHINNY L. LEVERETT, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: A C Wharton, Jr. Charles W. Burson Shelby County PD Attorney General & Reporter Walker Gwinn William David Bridgers Assistant PD Assistant Attorney General 201 Poplar, Suite 201 Criminal Justice Division Memphis, TN 38103 450 James Robertson Parkway Nashville, TN 37243-0493 At Trial: Samuel L. Perkins John W. Pierotti Assistant PD District Attorney General 201 Poplar, Suite 201 Memphis, TN 38103 James C. Beasley, Jr. Asst. Dist. Attorney General (former) 201 Poplar, Third Floor Memphis, TN 38103 First Paragraph: The appellant, Shinny L. Leverett, was convicted by a jury of first degree murder and conspiracy to commit first degree murder. He was sentenced, concurrently, to life on the murder conviction and 15 years for conspiracy. His sole issue on appeal is controlled by the Tennessee Rules of Evidence. He questions whether the trial judge abused his discretion in finding that a statement made to a psychologist by a non-testifying codefendant was not within the ambit of either the 803(4) or 804(b)(3) exceptions to the rule against hearsay. We affirm the trial judge's decision. Judge: PAUL G. SUMMERS,Judge URL:http://www.tba.org/tba_files/TCCA/LEVERETT.OPN.WP6 STATE OF TENNESSEE, v.JOSHUA MCCRAY, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: EDWARD C. MILLER CHARLES W. BURSON Public Defender Attorney General and Reporter Fourth Judicial District P.O. Box 416 ELIZABETH T. RYAN Dandridge, TN 37725 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 AL SCHMUTZER, JR. District Attorney General JAMES GASS Asst District Attorney General First Paragraph: This is a direct appeal pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant was convicted by a jury of aggravated robbery. He appeals his conviction. We affirm the judgment of the trial court. Judge: DAVID H. WELLES, JUDGE URL:http://www.tba.org/tba_files/TCCA/MCCRAYJ.OPN.WP6 HUGH MELSON,v. STATE OF TENNESSEE, Court:TCCA For the Appellant: For the Appellee: Donald E. Dawson Charles W. Burson First American Bldg, Attorney General of Tennessee 315 Deaderick Street and Nashville, TN 37219 Gordon W. Smith Deputy Attorney General of Tennessee Kenneth H. King, Jr. 450 James Robertson Parkway 414 Union Street Nashville, TN 37243-0493 P.O. Box 198062 Nashville, TN 37219 James G. (Jerry) Woodall District Attorney General State Office Building P.O. Box 2825 Jackson, TN 38302-2825 and Gordon W. Smith Deputy Attorney General 450 James Robertson Parkway Nashville, TN 37243-0485 First Paragraph: The petitioner, Hugh Melson, appeals as of right from the Madison County Circuit Courts dismissal of his second petition for post-conviction relief without an evidentiary hearing. The petitioner raises the following issues on appeal: (1) the conduct of the court evidences a predisposition to dismiss the amended petition without a full and fair consideration of its merits; (2) the trial court applied an erroneous standard of waiver in dismissing fourteen (14) of the petitioners claims; (3) the trial court violated the petitioners constitutional rights in dismissing fourteen (14) of the petitioners claims as being previously determined; (4) the trial court erred in dismissing the claims based on the principles enunciated in Brown; (5) the evidence was insufficient to warrant the trial courts original charge concerning aggravating circumstances and the jurys subsequent imposition of the death penalty based upon the application of these circumstances; (6) the heinous, atrocious or cruel aggravating circumstance was unconstitutionally vague; and (7) the petitioners constitutional rights were violated when he was denied funds for expert investigative services. Judge: Joseph M. Tipton Judge URL:http://www.tba.org/tba_files/TCCA/MELSON.OPN.WP6 STATE OF TENNESSEE, v. THOMAS EDWARD MURPHY, JR., Court:TCCA For Appellant: For Appellee: Shana C. McCoy Charles W. Burson Assistant Public Defender Attorney General and Reporter P.O. Box 700 450 James Robertson Parkway Somerville, TN 38068 Nashville, TN 37243-0493 (on appeal and at trial) Darian B. Taylor Julie K. Pillow Assistant Attorney General Asst. Public Defender Criminal Justice Division P.O. Box 700 450 James Robertson Parkway Somerville, TN 38068 Nashville, TN 37243-0493 (at trial) James Walter Freeland & Chris Marshburn Asst District Attorneys General 302 Market Street Somerville, TN 38068 First Paragraph: The defendant, Thomas E. Murphy, Jr., was convicted of the second degree murder of his daughter, Latashia Murphy. The trial court imposed an eighteen-year sentence. In addition to his challenge to the sufficiency of the evidence, the defendant submits the following issues for review: (1) whether the trial court erred by refusing to grant a mistrial because of the jurys exposure to a newspaper article published on the first day of the trial; (2) whether the trial court erred by refusing to grant a mistrial due to a reference to a prior arrest of the defendant; and (3) whether the sentence was excessive. Judge: GARY R. WADE, JUDGE URL:http://www.tba.org/tba_files/TCCA/MURPHYTE.OPN.WP6 STATE OF TENNESSEE, v. JOSEPH L. POWERS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Randall B. Tolley Charles W. Burson Attorney at Law Attorney General & Reporter 242 Poplar Avenue Memphis, TN 38103 Mark H. Chen Assistant Attorney General Wayne Emmons Civil Rights & Claims Division Attorney at Law 404 James Robertson Parkway 763 Brookhaven Circle Suite 2000 Memphis, TN 38117 Nashville, TN 37243-0488 John W. Pierotti District Attorney General James C. Beasley, Jr. Asst. Dist. Attorney General 201 Poplar Avenue Memphis, TN 38103 First Paragraph: The appellant, Joseph L. Powers, pled guilty to vehicular homicide. He was sentenced to six years confinement. He now appeals and presents the following issues for this Court to review: (1) whether the trial court failed to consider mitigating factors, (2) whether the trial court erred in denying probation or alternative sentencing, and (3) whether his sentence was excessive. Judge: PAUL R. SUMMERS,Special Judge URL:http://www.tba.org/tba_files/TCCA/POWERSJL.OPN.WP6 LARRY DARNELL RUSSELL,v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: JULIE K. PILLOW CHARLES W. BURSON Assistant Public Defender Attorney General and Reporter P.O. Box 700 Somerville, TN 38068 MICHAEL J. FAHEY, II Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0943 ELIZABETH RICE District Attorney General WALT FREELAND Assistant District Attorney General 302 Market Street Somerville, TN 38068 First Paragraph: ORDER This is an appeal pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Petitioner applied for a writ of habeas corpus in order to test the legality of his arrest on a governors extradition warrant. After conducting an evidentiary hearing, the trial court dismissed the petition for a writ of habeas corpus. It is from this dismissal that the Petitioner appeals. We affirm the judgment of the trial court. Judge: DAVID H. WELLES, JUDGE URL:http://www.tba.org/tba_files/TCCA/RUSSELL.ORD.WP6 TOMMIE L. STANTON, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Mark L. Pittman Charles W. Burson Attorney at Law Attorney General & Reporter 295 Washington #2 Memphis, TN 38103 Robin L. Harris Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 John W. Pierotti District Attorney General J. Robert Carter, Jr. Asst. Dist. Attorney General Criminal Justice Complex 201 Poplar, Third Floor Memphis, TN 38103 First Paragraph: A jury convicted the appellant, Tommie L. Stanton, of second-degree murder. He was sentenced as a Range II multiple offender to thirty years incarceration. This Court affirmed on appeal. He filed for post-conviction relief alleging ineffective assistance of counsel. The trial court conducted a full evidentiary hearing and denied relief. Appellant appeals and we affirm. Judge: PAUL R. SUMMERS, Special Judge URL:http://www.tba.org/tba_files/TCCA/STANTONT.OPN.WP6 STATE OF TENNESSEE, v. ROY VANCE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: R.O. SMITH CHARLES W. BURSON P.O. BOX 366 Attorney General and Reporter ERWIN, TN 37650 EUGENE J. HONEA Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 DAVID CROCKETT District Attorney General KENT GARLAND Assistant District Attorney General Courthouse Erwin, TN 37650 First Paragraph: The Defendant, Roy Vance, brings this appeal as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He was convicted by jury verdict of aggravated burglary and sentenced as a Range II multiple offender to serve ten years in confinement. The Defendant appeals his conviction and sentence. We affirm the judgment of the trial court. Judge: DAVID H. WELLES, JUDGE URL:http://www.tba.org/tba_files/TCCA/VANCER.OPN.WP6
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