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AUTTO LEE TAYLOR, SR. v. BAILEY-PARKS URETHANE, INC., w/JUDGMENT ORDER Court:TSC - Workers Comp Panel For the Appellant: For the Appellee: Stephen D. Goodwin Lloyd C. McDougal, III Baker, Donelson, Bearman & Caldwell Memphis, TN Memphis, TN Judge: White, Judge First Paragraph: This workers compensation appeal has been referred to the Special Workers Compensation Appeals Panel of the Supreme Court in accordance with TN Code Annotated section 50-6-225 (e)(3) for hearing and reporting of findings of fact and conclusions of law. In this appeal the employer contends no notice was given and causation was not proven. The trial judge found proper notice and a work-related injury. This panel affirms the judgment of the trial judge. URL:http://www.tba.org/tba_files/TSC_WCP/TAYLORAL.OPN.WP6 URL:http://www.tba.org/tba_files/TSC_WCP/TAYLORAL.JDG.WP6 NATHANIEL BOWERMAN, JR., and BRIDGET CHADWICK, EX REL., ON BEHALF OF ADAM MICHAEL BOWERMAN, D.O.B. 6-5-84 v. NATHANIEL BOWERMAN, SR., and LOUISE BOWERMAN, Court:TCA S. DAWN COPPOCK, Strawberry Plains, for Plaintiffs-Appellants. MARTIN J. LEVITT, LEVITT & LEVITT, Chattanooga, for Defendants Appellees. Judge: Franks. J. First Paragraph: In this action, Nathaniel Bowerman, Jr., the natural father of Adam Michael Bowerman, is seeking custody of Michael and also seeks to set aside a decree of adoption by defendants, paternal grandparents of Michael, entered on November 5, 1986. URL:http://www.tba.org/tba_files/TCA/BOWERMAN.OPN.WP6 GORDON D. CORBETT, JR., v. CARLA SUE GODFREY CORBETT, Court:TCA For Appellant For Appellee GRACE E. DANIELL ROGER E. JENNE Starr & Daniell Jenne, Scott & Bryant Chattanooga, TN Cleveland, TN Judge: Susano, J. First Paragraph: This is a divorce case. At the time of the hearing, the parties had been married 20 years. Their union produced two children, Heath Corbett (DOB: April 24, 1980) and Crystal Corbett (DOB: May 11, 1984). The trial court awarded the plaintiff Gordon D. Corbett, Jr. (Husband) a divorce; granted custody of the parties children to the defendant Carla Sue Godfrey Corbett (Wife); divided the parties assets and liabilities; set child support at $125 per week; and denied Wifes request for alimony. URL:http://www.tba.org/tba_files/TCA/CORBETTG.OPN.WP6 ROBERT EDEN and wife, TAMELA S. EDEN, and HEATHER D. EDEN, b/n/f ROBERT EDEN and wife, TAMELA S. EDEN, VS. MIKE JOHNSON and wife, PAT JOHNSON, Court:TCA MICHAEL W. EDWARDS Hendersonville, TN Attorney for Appellants C. BENTON PATTON MANIER, HEROD, HOLLABAUGH & SMITH Nashville, TN Attorney for Appellees Judge: ALAN E. HIGHERS, J. First Paragraph: In this dog bite case, plaintiffs appeal from the trial court's grant of summary judgment in favor of defendants. URL:http://www.tba.org/tba_files/TCA/EDENROBT.OPN.WP6 JENNIFER FRANK VS. ALI NOUREDDINI and wife, OLIFATE NOUREDINNI, NATIONAL HOMES, INC., AMERICAN REALTY COMPANY, TERRY STEPHENS, LEE ANN HOFFMAN, BANC PLUS MORTGAGE CORPORATION, EXCELLA MORTGAGE CORPORATION, SHIRLEY ADKINS, ALAN SATURN AND THE U.S.A. INSURANCE CORPORATION OF NEW YORK, D/B/A TITLE U.S.A., Court:TCA Sherrie L. Durham #13224 111 West Division Street Mt. Juliet, TN 37122 ATTORNEY FOR PLAINTIFFS/APPELLANTS Fred Cowden #2469 211 Third Avenue North Nashville, TN 37201 ATTORNEY FOR DEFENDANT/APPELLEE Cornelius & Collins C. Bennett Harrison, Jr. #5702 Suite 2700 Nashville City Center P.O. Box 190695 Nashville, TN 37219-0695 ATTORNEY FOR DEFENDANT/APPELLEE Michael J. Philbin #2897 One Union Street P.O. Box 198169 Nashville, TN 37219-8169 ATTORNEY For DEFENDANT/APPELLEE Judge: HENRY F. TODD First Paragraph: The Plaintiff, Jennifer Frank, has appealed from summary judgment in favor of the Defendants, American Realty Company, Terry Stephens, Lee Ann Hoffman, Shirley Adkins and Alan Saturn; and from a judgment in favor of Plaintiff and against the Defendant, Ali Noureddini in the amount of $50,000. Other captioned Defendants are not involved in this appeal. URL:http://www.tba.org/tba_files/TCA/FRANK.OPN.WP6 GREENE COUNTY BANK, v. SOUTHEASTERN PROPERTIES, INC., Court:TCA KENNETH CLARK HOOD, ROGERS, LAUGHLIN, NUNNALLY, HOOD & CRUM, Greeneville, for Plaintiff-Appellee. L. LEE KULL, BIRD, NAVRATIL, KUILL & McCROSKEY, Maryville, for Defendants-Appellants. Judge: Franks. J. First Paragraph: In this action in debt, the Chancellor entered judgment against defendants for the deficiency and pre-judgment interest. URL:http://www.tba.org/tba_files/TCA/GREENECO.OPN.WP6 GAYLEY HESTER, v. TITAN WHEEL INTERNATIONAL, INC., DYNEER CORPORATION, and DICO TIRE, INC., Court:TCA DONALDSON M. LEAKE and JAMES E. WINTERS, Kramer, Rayson, Leake, Rodgers & Morgan, Knoxville, for the appellants. WILLIAM S. LOCKETT, JR., and NATASHA K. METCALF, Kennerly, Montgomery & Finley, P.C., Knoxville, for the appellee. Judge: McMurray, J. First Paragraph: This is a contract action based upon an alleged breach of a termination of employment contract by the defendants. The case was tried before a jury and a verdict was rendered in favor of the plaintiff awarding damages in the amount of $25,840.00. Judgment was duly entered thereon. The defendants appeal. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/HESTERG.OPN.WP6 RICHARD P. JAHN, JR., LIQUIDATING TRUSTEE FOR CRESCENT OAKS INVESTMENTS, LTD., AND AS BANKRUPTCY TRUSTEE FOR RICHARD CARMACK, v. J. FRANK HARRISON, JR. Court:TCA Richard P. Jahn, Jr., Chattanooga, For the Appellant John W. Murray, III, Chattanooga, For the Appellee Judge: INMAN First Paragraph: Crescent Oaks Investments, Ltd. was a Limited Partnership engaged in the business of constructing and operating apartment complexes. It had only one general partner, Richard E. Carmack. URL:http://www.tba.org/tba_files/TCA/JAHN.OPN.WP6 STANLEY KEEBLER and wife, LEE H. MORRIS KEEBLER, v. CITY OF JOHNSON CITY, Court:TCA THOMAS C. JESSEE, Johnson City, for Appellant. K. ERICKSON HERRIN, Herrin, Booze & Rambo, Johnson City, for Appellee. Judge: McMurray, J. First Paragraph: The plaintiffs brought this action on the theory of trespass and nuisance claiming that the defendant unlawfully diverted surface waters upon their property during the course of improving an adjacent street. After a bench trial, judgment was entered in favor of the plaintiffs in the amount of $137.00. The plaintiffs appealed. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/KEEBLERS.OPN.WP6 CORA LADELL HELTON KIMBROUGH, v. DONALD HENRY HELTON, Court:TCA William P. Jones Hendersonville, TN Attorney for Appellant Nancy Kay Corley R. Patrick Parker Nashville, TN Attorneys for Appellee Judge: WILLIAM H. WILLIAMS First Paragraph: This case involves a motion for summary judgment arising initially out of a divorce proceeding in the Chancery Court of Sumner County, TN. The decree of divorce filed on December 20, 1991 and contained therein a marital dissolution agreement between the parties which provided, inter alia, for the payment by the Husband/Appellant to the Wife/Appellee the sum of $50,000 termed as alimony in solido. The amount was to be paid over a period of five years in cash of $11,000 first payment, and thereafter beginning February 1, 1992 the sum of $24,000 payable at $400 monthly together with interest from entry of the final decree, and three concurrent future payments of $5,000 each on certain dates specified in the marital dissolution agreement. URL:http://www.tba.org/tba_files/TCA/KIMBROUG.OPN.WP6 FRANCES S. LYONS, As Executrix of the Estate of John Phillips v. FIRST AMERICAN NATIONAL BANK, and VIOLA LEONARD, Court:TCA RICK J. BEARFIELD, Johnson City, for Defendant-Appellee, First American National Bank. STEVE MERRITT, Maryville, for Defendant-Appellee, Viola Leonard. Judge: Franks. J. First Paragraph: This declaratory judgment action was initially filed by the Deceased, John C. Phillips, against First American National Bank (Bank), asking a decree be entered removing the name of his daughter, Viola J. Leonard, from two certificates of deposit which Phillips claimed to have pledged to secure Leonards debt. Subsequently, Phillips amended his complaint to add Viola J. Leonard as a defendant, and charged that Leonard had defrauded Phillips in obtaining the security arrangement wherein Phillips certificates of deposit were changed from his sole ownership to their names jointly with the right of survivorship. URL:http://www.tba.org/tba_files/TCA/LYONSF.OPN.WP6 NASHVILLE PAINTING CORP., VS. RAY BELL CONSTRUCTION CO., INC. and INSURANCE COMPANY OF NORTH AMERICA, Court:TCA GREGORY L. CASHION CAROL R. CONNOR MANIER, HEROD, HOLLABAUGH & SMITH Nashville, TN Attorneys for Appellants CHARLES W. SURASKY SMITH, CURRIE & HANCOCK Atlanta, Georgia DIANNA BAKER SHEW FARRIS, WARFIELD & KANADAY Nashville, TN Attorneys for Appellee Judge: ALAN E. HIGHERS, J. First Paragraph: This suit was brought by a subcontractor, Nashville Painting Corporation (NPC), to recover for extra-contractual work allegedly performed and for the balance due under the subcontract. The trial court dismissed appellants counterclaim for breach of contract and awarded $137,002.00 to NPC. Appellant has raised four issues on appeal, which are: (1) whether the trial court erred in finding that NPC had completed all of the work that it was contractually obligated to perform by June 1, 1992; (2) whether the trial court erred in awarding NPC additional compensation for work performed after June 1, 1992; (3) whether the trial court erred in dismissing appellants counter-claim; and (4) whether the trial court erred in finding that appellant had waived the written change order provision of the subcontract. URL:http://www.tba.org/tba_files/TCA/NASHPAIN.OPN.WP6 MICHELLE MARIE YOUNG NELSON, vs. ROBERT RICHARD NELSON, Court:TCA L. CAESAR STAIR III, and ELIZABETH K. B. MEADOWS, Knoxville, JOHN D. LOCKRIDGE and SCARLETT A BEATY, Knoxville, for appellee. Judge: McMurray, J. First Paragraph: This action began as a divorce action between the parties. After an extensive bench trial, the court awarded a divorce pursuant to T.C.A. 36-4-129. Custody of the parties minor children was given to the husband with the wife having specified visitation privileges. The court further ordered child support to be paid in accordance with the Child Support Guidelines; however no specific amount of child support was established. Finally, the court divided the marital property between the parties. From the judgment of the trial court this appeal resulted. We affirm in part, modify in part and remand with instructions. URL:http://www.tba.org/tba_files/TCA/NELSONMM.OPN.WP6 JUDY PARRISH, VS. HOSPITAL CORPORATION OF AMERICA, d/b/a CENTENNIAL MEDICAL CENTERS Court:TCA C. J. Gideon, Jr. GIDEON & WISEMAN 414 Union Street Suite 1900, NationsBank Plaza Nashville, TN 37219 ATTORNEY FOR PLAINTIFF/APPELLEE Sonya W. Henderson 218 W. Main Street Suite One Murfreesboro, TN 37130 ATTORNEY FOR DEFENDANT/APPELLANT Judge: HENRY F. TODD First Paragraph: The captioned Plaintiff has appealed from a summary judgment dismissing her suit against the captioned Defendant for the wrongful death of Whitney Parrish by suicide while a patient in Defendants hospital. URL:http://www.tba.org/tba_files/TCA/PARRISHJ.OPN.WP6 ROSIE LEE CLARK REED, v. GINGER REED and DAVID REED Court:TCA Duncan V. Crawford, Maryville, For the Appellant Robert N. Goddard, Maryville, For the Appellee Judge: INMAN First Paragraph: The issue on appeal is whether or not the surviving spouse and sole beneficiary of her deceased husbands will was entitled to an extension of time within which to elect to take an elective share of her husbands estate pursuant to T.C.A. 31-4-101(a)(2). The trial judge denied the motion, the propriety of which is presented for review. URL:http://www.tba.org/tba_files/TCA/REEDLK.OPN.WP6 MARY SWETT,vs.MARGARET GORDON, Court:TCA DOUGLAS R. BEIER, Evans & Beier, Morristown, for Appellant. THOMAS D. SHELBURNE, Rogersville, for Appellee. Judge: McMurray, J. First Paragraph: In this action, the plaintiff sought judgment against the defendant for the sum of $99,960.00 allegedly due under the terms of an oral contract for accounting services she had provided to the defendant. The defendant answered and denied the allegations of the plaintiff relating to the debt. After a bench trial the trial court entered judgment in favor of the plaintiff in the amount of $3,440.00 plus interest of 10% per annum from June 1, 1993. The plaintiff appeals. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/SWETTM.OPN.WP6 PAUL THOMPSON, vs. CRESWELL INDUSTRIAL SUPPLY, INC., and CHEROKEE SUPPLY CO., Court:TCA JERRY H. SUMMERS and JIMMY F. ROGERS, JR., Summers, McCrea & Wyatt, P.C., Chattanooga, for appellants. JOHN P. KONVALINKA and MATHEW D. BROWNFIELD, Grant, Konvalinka & Harrison, P.C., Chattanooga, for appellee. Judge: McMurray, J. First Paragraph: This is an appeal from the judgment of the Chancery Court of Hamilton County concerning commissions allegedly due under two oral employment contracts. The plaintiff/Appellee, Paul Thompson, filed suit against Creswell Industrial Supply, Inc., and Cherokee Supply, Inc., claiming that they were obligated to pay him 35 percent of the gross sales he generated for each company during parts of 1991. The defendants claimed that the plaintiff had agreed to a revision of his employment contracts concerning commissions. URL:http://www.tba.org/tba_files/TCA/THOMPSNP.OPN.WP6 KENNETH ATCHLEY WATSON, v. SANDRA GAYLE MALLARD WATSON Court:TCA M. Jeffrey Whitt, Knoxville, For the Appellant Perry P. Paine, Jr., Maryville, For the Appellee Judge: INMAN First Paragraph: In this domestic relations case the appellant, hereafter wife, complains of the distribution of marital assets and allocation of liabilities. Specifically, she argues: (1) that a residence was overvalued, (2) that property described as the Chapman Highway property was undervalued, and (3) that the debts allocated to her were understated. URL:http://www.tba.org/tba_files/TCA/WATSONKA.OPN.WP6 STATE OF TN, v. TONY BARRETT, Court:TCCA For the Appellant: For the Appellee: Comer L. Donnell Charles W. Burson District Public Defender Attorney General & Reporter 450 James Robertson Parkway Howard L. Chambers Nashville, TN 37243-0493 Asst. District Public Defender 213 N. Cumberland Street Cyril V. Fraser Lebanon, TN 37087 Asst. Attorney General Tom P. Thompson, Jr. District Attorney General David Durham Asst. District Attorney General Judge: William M. Barker First Paragraph: The appellant, Tony Barrett, appeals from the Wilson County Criminal Courts judgment revoking his community corrections sentence. He contends that the trial court erred not only in revoking the sentence but also in resentencing him to an excessive term. We agree that the trial court committed reversible error. The case is remanded for resentencing in accordance with this opinion. URL:http://www.tba.org/tba_files/TCCA/BARRETT.OPN.WP6 STATE OF TN, v. RICHARD BROWN and KEITH PUCKETT, Court:TCCA FOR THE APPELLANTS: FOR THE APPELLEE: BROWN: CHARLES W. BURSON J. TIMOTHY STREET Attorney General and Reporter 136 Fourth Ave. South Franklin, TN 37064 WILLIAM DAVID BRIDGERS Assistant Attorney General PUCKETT: D. STUART CAULKINS 212 East Main St. Franklin, TN 37064 JOSEPH P. BAUGH District Attorney General Judge: WILLIAM S. RUSSELL First Paragraph: Richard N. Brown and Keith Puckett appeal from their joint trial convictions. Brown was convicted of especially aggravated kidnapping, robbery and conspiracy to commit aggravated kidnapping; with resultant sentences respectively of twenty years, three years plus a $1,500.00 fine and eight years. The twenty and eight years are to be served concurrently and the three years consecutively, for an effective total of twenty-three years. URL:http://www.tba.org/tba_files/TCCA/BROWNPUC.OPN.WP6 PATRICK COLLIER, VS. STATE OF TN, Court:TCCA For the Appellant: For the Appellee: Andrei Ellen Lee Charles W. Burson 961 Woodland Street Attorney General & Reporter Suite 100 450 James Robertson Parkway Nashville, TN 37206 Nashville, TN 37243-0493 Renee F. Videlefsky Asst. Attorney General Victor S. Johnson, III District Attorney General Roger Moore Asst. District Attorney General William M. Barker First Paragraph: The appellant, Patrick Collier, appeals from the Davidson County Criminal Courts judgment denying his petition for post-conviction relief. He alleges that he was denied his right to the effective assistance of counsel at trial. The trial court denied relief after conducting two evidentiary hearings. We find no error and affirm the judgment. URL:http://www.tba.org/tba_files/TCCA/COLLIERP.OPN.WP6 AARON D. HARRIS, V. STATE OF TN, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Michael T. Circeo Charles W. Burson Attorney at Law Attorney General & Reporter 4548 Brainerd Road 450 James Robertson Parkway Chattanooga, TN 37411 Nashville, TN 37243-0497 Eugene J. Honea Assistant Attorney General C. Leland Davis Assistant District Attorney General Judge: Joe B. Jones First Paragraph: The appellant, Aaron D. Harris, appeals as of right from a judgment of the trial court dismissing his suit for post-conviction relief following an evidentiary hearing. The trial court found that the appellants guilty plea passed constitutional muster and that he received effective assistance of counsel. In this Court, the appellant contends that the trial court should have granted his request for post-conviction relief on both grounds. After a thorough review of the briefs submitted by the parties, the record, and the authorities which control the issues presented for review, it is the opinion of this Court that the judgment of the trial court should be affirmed pursuant to Rule 20, TN Court of Criminal Appeals. URL:http://www.tba.org/tba_files/TCCA/HARRISAA.OPN.WP6 MILTON HOLT, vs. STATE OF TN and MIKE DUTTON, Warden, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Thomas T. Overton Charles W. Burson 213 Third Avenue, North Attorney General of TN Nashville, TN 37201 and Cecil H. Ross Assistant Attorney General George Bonds Assistant District Attorney Judge: PER CURIAM First Paragraph: The petitioner, Milton Holt, appeals as of right from the dismissal of his petition for habeas corpus relief in which he claimed that his aggravated rape convictions and sentences were void. After a brief evidentiary hearing, the trial judge denied the requested relief. For the reasons discussed below we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/HOLTMILT.OPN.WP6 STATE OF TN, VS. DAVID HUMPHREYS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: CHERYL J. SKIDMORE CHARLES W. BURSON 629 E. Main St. Attorney General & Reporter Hendersonville, TN 37075 (On Appeal) KAREN M. YACUZZO Asst. Attorney General JOE D. HARSH 450 James Robertson Pkwy. 123 Public Square Nashville, TN 37243-0493 Gallatin, TN 37066 (At Trial) LAWRENCE RAY WHITLEY District Attorney General KATHI PHILLIPS Asst. District Attorney General Judge: JOHN H. PEAY First Paragraph: The defendant was indicted for selling cocaine. He was convicted by a jury, and was subsequently sentenced as a Range II multiple offender to ten years in the TN Department of Correction. A five thousand dollar ($5,000) fine was also assessed. URL:http://www.tba.org/tba_files/TCCA/HUMPHRD.OPN.WP6 STATE OF TN, VS. JERMAINE HUNTER, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: LARRY B. HOOVER CHARLES W. BURSON 5th Fl., St. Cloud Corner Attorney General & Reporter 500 Church St. Nashville, TN 37219 SARAH M. BRANCH Counsel for the State VICTOR S. JOHNSON, III District Attorney General NICHOLAS D. BAILEY and DIANE LANCE Asst. District Attorneys General Judge: JOHN H. PEAY First Paragraph: The defendant was indicted for first-degree murder and found guilty by a jury. He was sentenced to life imprisonment. In this appeal as of right, he challenges the sufficiency of the evidence and contends that the trial court erred when it ruled admissible evidence about an altercation between the defendant and the victims father four days before the murder. After a review of the record, we find no merit in the defendants issues and affirm the judgment below. URL:http://www.tba.org/tba_files/TCCA/HUNTERJ.OPN.WP6 STATE OF TN, VS. ZACHARY LAMONT KENNEDY, JR., Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: DAVID DOYLE CHARLES W. BURSON District Public Defender Attorney General & Reporter NANCY B. MYERS MICHELLE L. LEHMANN Asst. Public Defender Asst. Attorney General 18th Judicial District 450 James Robertson Pkwy. 117 E. Main St. Nashville, TN 37243-0493 Gallatin, TN 37066 LAWRENCE RAY WHITLEY District Attorney General DEE GAY Asst. District Attorney General Judge: JOHN H. PEAY First Paragraph: The defendant pled guilty to aggravated burglary on October 19, 1993. On December 9, 1993, the trial court sentenced the defendant to three years with the Department of Correction, ordering him to serve four months incarceration with the remainder of the sentence to be intensive probation. The defendant was also ordered to make restitution to the victim and to serve two hundred hours of community service. On May 22, 1995, the trial court revoked the defendants probation, finding that he had done practically nothing to meet the conditions of his probation. Accordingly, the trial court ordered the defendant to serve one hundred twenty days in the county jail to be followed by reinstatement to intensive probation. URL:http://www.tba.org/tba_files/TCCA/KENNEDYZ.OPN.WP6 HERMAN LEE LUCAS, v. STATE OF TN, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Kimberly A. Parton Charles W. Burson Attorney at Law Attorney General & Reporter 407 Union Avenue, Suite 209 450 James Robertson Parkway Knoxville, TN 37902 Nashville, TN 37243-0497 Eugene J. Honea Assistant Attorney General Randall E. Nichols District Attorney General Zane M. Scarlett Assistant District Attorney General Judge: Joe B. Jones First Paragraph: The appellant, Herman Lee Lucas, appeals as of right from a judgment of the trial court dismissing his suit for post-conviction relief following an evidentiary hearing. The trial court found that the appellants guilty pleas met constitutional muster and he received effective assistance of counsel. In this Court, the appellant contends that the trial court erred in dismissing [his] post conviction relief petition upon a finding that [he] had failed to carry his burden of proof regarding the ineffective assistance claim. URL:http://www.tba.org/tba_files/TCCA/LUCASHL.OPN.WP6 STATE OF TN, VS. WILLIAM D. PEWITT, Court:TCCA For the Appellant: For the Appellee: Vanessa P. Bryan Charles W. Burson Assistant Public Defender Attorney General and Reporter 407 C Main Street 450 James Robertson Parkway P.O. Box 68 Nashville, TN 37243-0493 Franklin, TN 37065-0068 Charlotte H. Rappuhn Assistant Attorney General Joseph D. Baugh District Attorney General Judge: Rex Henry Ogle First Paragraph: The defendant, William D. Pewitt, was indicted on two counts of assault and two counts of coercion of a witness. He was then convicted of one count of assault and one count of coercion of a witness in the Circuit Court for Williamson County. The trial court imposed concurrent sentences of eleven months, twenty-nine days in the county jail for assault and four years in the TN Department of Correction for coercion. URL:http://www.tba.org/tba_files/TCCA/PEWITTWD.OP.WP6 STATE OF TN, v. JAMES TERRY WHITE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Vanessa P. Bryan Charles W. Burson Assistant Public Defender Attorney General & Reporter P.O. Box 68 450 James Robertson Parkway Franklin, TN 37065 Nashville, TN 37243-0497 OF COUNSEL: Clinton J. Morgan Assistant Attorney General John H. Henderson 450 James Robertson Parkway District Public Defender Nashville, TN 37243-0493 Joseph D. Baugh District Attorney General Ronald L. Davis Assistant District Attorney General Judge: Joe B. Jones First Paragraph: The appellant, James Terry White, appeals as of right from a judgment of the trial court revoking his probation and requiring him to serve the sentence previously imposed by the court. Two issues are presented for review. The appellant contends that (a) the trial court abused its discretion by failing to either reinstate full probation, intense probation, or sentence him to a community corrections sentence, and (b) the trial court failed to state on the record sufficient reasons for revoking his probation. URL:http://www.tba.org/tba_files/TCCA/WHITEJT.OPN.WP6 STATE OF TN, v. NATHANIEL WILLIAMS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Shawn G. Graham Charles W. Burson Assistant Public Defender Attorney General & Reporter 605 East Carroll Street 450 James Robertson Parkway Tullahoma, TN 37388-0260 Nashville, TN 37243-0497 OF COUNSEL: Michelle L. Lehmann Assistant Attorney General Bethel C. Smoot, Jr. 450 James Robertson Parkway District Public Defender Nashville, TN 37243-0493 C. Michael Layne District Attorney General Stephen E. Weitzman Assistant District AG Judge: Joe B. Jones First Paragraph: The appellant, Nathaniel Williams, entered a plea of guilty to the offense of selling cocaine under one-half gram, a Class C felony. The trial court found that the appellant was a persistent offender and imposed a Range III sentence consisting of a $2,000 fine and confinement for twelve (12) years in the Department of Correction. Two issues are presented for review. The appellant challenges the range used to determine the length of his sentence and the length of the sentence. URL:http://www.tba.org/tba_files/TCCA/WILLIANA.OPN.WP6
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