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LAWRENCE WOODWARD HAMILTON vs. BRENDA K. SMITH HAMILTON Court:TCA Attorneys: SEYMOUR S. ROSENBERG Memphis, Tennessee Attorney for Plaintiff/Appellant DAVID W. CAMP WALDROP & HALL, P.A. Jackson, Tennessee Attorney for Defendant/Appellee Judge: HIGHERS First Paragraph: AFFIRMED In this divorce action, the Plaintiff, Lawrence Woodward Hamilton, filed his petition for divorce on July 20, 1993. The Defendant, Brenda Kay Smith Hamilton, filed a counter-complaint seeking a divorce on the grounds of inappropriate marital conduct. The trial court granted the Defendant's request for a divorce on the grounds of inappropriate marital conduct. The trial court awarded the parties' marital residence as well as household furnishings to the Defendant. The Plaintiff was ordered to pay all outstanding marital debts other than the first and second mortgage on the marital residence, all expenses incurred by the Defendant as a result of this action including the Defendant's attorney fees and $2,200.00 per month in permanent alimony. The trial court awarded the Defendant one-half of the Plaintiff's retirement proceeds and ordered the Plaintiff to maintain the Defendant on his health insurance policy for three years. The trial court further ordered the Plaintiff to maintain a $50,000.00 life insurance policy naming the Defendant as the irrevocable beneficiary. The Plaintiff has appealed the judgment of the trial court arguing that the trial court erred in awarding the Defendant permanent alimony and attorney fees. URL:http://www.tba.org/tba_files/TCA/hamilton_opn.WP6 SAM POSEY, DANNY TODD, BILLY CHITWOOD, and JIMMY PORTER vs. CITY OF MEMPHIS, TENNESSEE, DIVISION OF FIRE SERVICES OF MEMPHIS, TENNESSEE, DR. W. W. HERENTON, Mayor, WESTELLE FLOREZ, Director of the Division of Personnel, and CHARLES SMITH, Director of the Division of Fire Services Court:TCA Attorneys: Mark Allen, Florence M. Johnson, AGEE, ALLEN, GODWIN, MORRIS & LAURENZI, Memphis, Tennessee Attorney for Plaintiffs/Appellants. Louis P. Britt, III, Charles V. Holmes, Robert E. Teutsch, Jr., McKNIGHT, HUDSON, LEWIS & HENDERSON, PLLC, Memphis, Tennessee Attorneys for Defendants/Appellees. Judge: FARMER First Paragraph: VACATED AND REMANDED The appellants to this action are either current or retired firemen for the Division of Fire Services of Memphis, Tennessee (Division). They appeal from a judgment of the trial court in favor of Appellees, City of Memphis, Tennessee (City), the Division, Dr. W. W. Herenton, Mayor, Westelle Florez, Director of the Division of Personnel, and Charles Smith, Director of the Division, on their action seeking declaratory and injunctive relief regarding the appellees' method of computing pension benefits for those firefighters employed by the City for 30 or more years. After review of the record, we vacatge the judgment of the trial court and remand this cause for further proceedings consistent with this opinion. URL:http://www.tba.org/tba_files/TCA/posey_opn.WP6 HOWARD A. WOODS vs. M.T.C. MANAGEMENT and SOLOMON MANAGEMENT Court:TCA Attorneys: Howard A. Woods, Pro Se J. Whitten Gurkin, Memphis, Tennessee, for Defendants/Appellees Judge: FARMER First Paragraph: AFFIRMED AND REMANDED The issue before this Court is whether the trial court erred in dismissing Plaintiff's suit for lack of jurisdiction. Plaintiff sued the defendants alleging he was wrongfully evicted from property located at 3211 Ashwood, Memphis, Tennessee. He further alleged that the defendants were in further violation of the Uniform Residential Landlord and Tenant Act set forth at T.C.A. S 66-28-101 et seq. as follows: S 66-28-501 (noncompliance with rental agreement by landlord); S 66-28-502 (failure to supply essential services) and S 66-28-504 (unlawful ouster, exclusion, or diminution of service). URL:http://www.tba.org/tba_files/TCA/woodsha_opn.WP6 STATE OF TENNESSEE ABA ROBERT WILLIS CHANCE, JR. Court:TCCA Attorneys: For the Appellant: For the Appellee: James T. "Jim" Sanderson Charles W. Burson & Associates, P.C. Attorney General and Reporter Stephen L. Hale William G. Hatton William David Bridgers Attorneys for Appellant Assistant Attorney General P. O. Box 331 Criminal Justice Division Bolivar, TN 38008 450 James Robertson Parkway Nashville, TN 37243-0493 G. Robert Radford District Attorney General John Overton Asst. District Attorney General 601 Main Street Savannah, TN 38372 Judge: Hayes First Paragraph: AFFIRMED The appellant, Robert Willis Chance, pled guilty to one count of second degree murder and one count of attempted first degree murder. Pursuant to the plea agreement, the sentences were to be served concurrently. The Hardin County Circuit Court imposed a sentence of twenty-three years for each conviction. In his sole issue, the appellant contends that the trial court erred in imposing twenty-three year sentences because of the misapplication of Tenn. Code Ann. S 40-35-210 (1995 Supp.), regarding the presumptive sentence of a class A felony. URL:http://www.tba.org/tba_files/TCCA/chancerw_opn.WP6 STATE OF TENNESSEE vs. DANNY C. GREEN Court:TCCA Attorneys: PHILIP A. CONDRA CHARLES W. BURSON Public Defender Attorney General & Reporter P.O. Box 220 Jasper, TN 37347 KAREN M. YACUZZO Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 J. MICHAEL TAYLOR District Attorney General STEVEN M. BLOUNT Asst. District Attorney General Franklin County Courthouse Winchester, TN 37398 Judge: PEAY First Paragraph: AFFIRMED The defendant was indicted for violating the habitual traffic offender act and for driving on a revoked license (DORL). A jury found him guilty of these offenses and the trial court determined that the DORL was a fifth offense. After a hearing, the defendant was sentenced as a Range I standard offender to eighteen months in the Tennessee Department of Correction on the habitual traffic offender violation, and to eleven months, twenty-nine days at seventy-five percent on the fifth offense DORL. The sentences were ordered to run concurrently. Upon the defendant's motion for new trial, the trial court merged the DORL offense into the habitual traffic offender offense and set aside the misdemeanor judgment and sentence. URL:http://www.tba.org/tba_files/TCCA/greendc_opn.WP6 STATE OF TENNESSEE vs. SONNY GREGORY Court:TCCA Attorneys: GERALD MELTON CHARLES W. BURSON Public Defender Attorney General and Reporter JEANNIE KAESS JENNIFER L. RAWLS Assistant Public Defender Assistant Attorney General 201 W. Main Street, Ste 101 450 James Robertson Parkway Murfreesboro, TN 37129 Nashville, TN 37243-0493 WILLIAM WHITESELL District Attorney General PAUL A. HOLCOMBE, III Assistant District Attorney General Suite 303 Murfreesboro, TN 37129 Judge: RILEY First Paragraph: AFFIRMED This is an appeal from a judgment of the Criminal Court of Rutherford County revoking defendant's probation and ordering him to serve an eight-year sentence for the sale of cocaine. Defendant contends the trial court erred in (1) granting a continuance sua sponte to allow the state to obtain additional witnesses; (2) admitting a laboratory report and affidavit in violation of defendant's rights to confront and cross-examine witnesses; and (3) concluding that the evidence was sufficient to show a violation of the terms of probation by the use of cocaine. URL:http://www.tba.org/tba_files/TCCA/gregorys_opn.WP6 STATE OF TENNESSEE vs. FREDDIE HERRIMAN, and LORI SWAH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT PETERS CHARLES W. BURSON 100 First Avenue S.W. Attorney General and Reporter Winchester, TN 37398 WILLIAM DAVID BRIDGERS Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 WILLIAM LOCKE District Attorney General THOMAS J. MINER Assistant District Attorney Professional Building McMinnville, TN 37110 Judge: SMITH First Paragraph: AFFIRMED Appellants Freddie Herriman and Lori Swah entered pleas of guilty in the Warren County Circuit Court to offenses arising from the same set of facts and have consolidated their cases for the purpose of appeal. Herriman pled guilty to carrying a weapon for the purpose of going armed, possession of a Schedule II controlled substance with intent to sell or deliver, and possession of drug paraphernalia. As a Range I standard offender, he received an effective sentence of five years in the Tennessee Department of Correction. The trial court ordered him to serve twelve months of the sentence in the county jail with the balance served on probation. Swah pled guilty to simple possession of a Schedule II controlled substance and possession of drug paraphernalia. She received an effective sentence of eleven months and twenty-nine days in the county jail. The trial court ordered her to serve thirty days of the sentence in the county jail with the balance served on probation. URL:http://www.tba.org/tba_files/TCCA/herriman_opn.WP6 STATE OF TENNESSEE vs. NELSON JOSEPH LECLAIR Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: R. STEVEN WALDRON CHARLES W. BURSON -and- Attorney General & Reporter TERRY A. FANN 202 West Main St. KAREN M. YACUZZO Murfreesboro, TN 37130 Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 WILLIAM WHITESELL District Attorney General PAUL A. HOLCOMBE, III Asst. District Attorney General Third Fl., Judicial Bldg. Murfreesboro, TN 37130 Judge: PEAY First Paragraph: AFFIRMED The defendant was indicted on September 5, 1995, for driving under the influence (DUI), second offense, and driving on a revoked license. The defendant pled guilty to DUI in exchange for the State's agreement to dismiss the other charge. After a hearing, he was sentenced to eleven months, twenty-nine days in accordance with T.C.A. S 55-10-403(a)(1). Forty-five days of his sentence were to be served in the Rutherford County workhouse with the remainder to be served on supervised probation. The defendant was fined six hundred dollars ($600) and had his driving privileges revoked for two years. Before entering his guilty plea, the defendant, a Davidson County resident, asked that he be able to serve his sentence in Davidson County rather than in Rutherford County. The transfer was requested because the defendant wanted to participate in Davidson County's work release program. The trial court denied this request. It is from this denial that the defendant now appeals. URL:http://www.tba.org/tba_files/TCCA/leclairn_opn.WP6 STATE OF TENNESSEE vs. WILLIAM TERRY MARTIN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL D. RANDLES CHARLES W. BURSON Public Defender Attorney General and Reporter CURTIS H. GANN M. ALLISON THOMPSON Assistant Public Defender Assistant Attorney General P.O. Box 1119 450 James Robertson Parkway Fayetteville, TN 37334 Nashville, TN 37243 MIKE McCOWN District Attorney General ROBERT CRIGLER Assistant District Attorney General Bedford County Courthouse Shelbyville, TN 37160 Judge: WELLES First Paragraph: AFFIRMED The Defendant brings this appeal pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He was convicted by a Bedford County jury of vehicular homicide. He was sentenced as a Range I offender to four years and nine months in the Bedford County Jail, seven years probation and his license was suspended for seven years. He appeals his conviction, raising two issues: (1) That the evidence was insufficient to support a guilty verdict for vehicular homicide, in particular, that he did not possess the requisite mens rea of recklessness; and (2) that the trial court erred in refusing to grant the Defendant's request for a special jury instruction. URL:http://www.tba.org/tba_files/TCCA/martinw_opn.WP6 STATE OF TENNESSEE vs. MELVIN D. PRESTON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT S. PETERS CHARLES W. BURSON 100 First Ave., Southwest Attorney General & Reporter Winchester, TN 37398 JANIS L. TURNER Attorney for the State 450 James Robertson Pkwy. Nashville, TN 37243-0493 J. MICHAEL TAYLOR District Attorney General STEVEN M. BLOUNT Asst. District Attorney General 1 South Jefferson St. Winchester, TN 37398 Judge: PEAY First Paragraph: AFFIRMED The defendant was indicted in January 1995 of driving under the influence (DUI), sixth offense, driving on a revoked license, sixth offense, and violation of the habitual traffic offender law. After a trial by jury, the defendant was convicted of driving under the influence only. He received a sentence of eleven months, twenty-nine days with all but one hundred twenty days suspended. The remainder of the sentence was to be served on supervised probation. Additionally, the defendant was fined fifteen hundred dollars ($1500) and his driving privileges were revoked for ten years. In this appeal as of right, the defendant alleges that the trial court erred by instructing the jury on the "physical control" element of the DUI statute when the indictment only charged the defendant with driving the vehicle rather than being in physical control. URL:http://www.tba.org/tba_files/TCCA/prestonm_opn.WP6 STATE OF TENNESSEE vs. GEORGE RHODES ROCHELLE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CURTIS H. GANN CHARLES W. BURSON Asst. Public Defender Attorney General & Reporter P.O. Box 1119 Fayetteville, TN 37334 EUGENE J. HONEA (On appeal) Asst. Attorney General 450 James Robertson Pkwy. JOHN DICKEY Nashville, TN 37243-0493 P.O. Box 1119 Fayetteville, TN 37334 W. MICHAEL MCCOWN (At hearing) District Attorney General WEAKLEY E. BARNARD Asst. District Attorney General Marshall County Courthouse Lewisburg, TN 37091 Judge: PEAY First Paragraph: AFFIRMED The defendant was indicted for aggravated sexual battery in violation of T.C.A. S 39-13-504. He entered a best interest plea to the offense of attempted aggravated sexual battery, a Class C felony. The defendant agreed to a three year sentence as a part of the plea agreement. At the sentencing hearing, the defendant asked for alternative sentencing, but his request was denied. It is from this denial that the defendant now appeals. URL:http://www.tba.org/tba_files/TCCA/rochelle_opn.WP6 STATE OF TENNESSEE vs. SHANE WARREN WILSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SHANE WARREN WILSON, pro se CHARLES W. BURSON 2045 Freeze Rd. Attorney General & Reporter Morrison, TN 37357 EUGENE J. HONEA Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 WILLIAM M. LOCKE District Attorney General TOM MINER Asst. District Attorney General Court Square McMinnville, TN 37110 Judge: PEAY First Paragraph: AFFIRMED The defendant was indicted for driving without a license and violating the vehicle registration law. A jury convicted him of these offenses. After a hearing, he was sentenced to thirty days in county jail on each offense, to be served concurrently, and fined a total of one hundred dollars ($100). In this direct appeal, the defendant complains that he was denied the right to counsel because his appointed counsel refused to cooperate in his defense. URL:http://www.tba.org/tba_files/TCCA/wilsonsw_opn.WP6
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