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ROCK ABOU-SAKHER vs. HUMPHREYS COUNTY, TENNESSEE and HUMPHREYS COUNTY AIRPORT AUTHORITY Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendants/Appellees: Calvin P. Turner John Lee Williams Lebanon, Tennessee Waverly, Tennessee Judge: KOCH First Paragraph: This appeal involves a dispute between Humphreys County and the former fixed-base operator of the Humphreys County Airport. After the county declined to renew the fixed-base operator's lease and hired a full time airport manager, the former fixed-base operator filed suit in the Chancery Court for Humphreys County seeking a declaration that his lease remained in effect and challenging his termination as part-time airport manager. The trial court heard the case without a jury and found that the fixed-base operator's lease had expired and that the plaintiff was not entitled to reinstatement as part-time airport manager. We affirm the judgment. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/ABOU-SAK_OPN.WP6 CORNELIA H. BOONE vs. CHARLES P. BOONE Court:TCA Attorneys: JOE M. DUNCAN BURCH, PORTER & JOHNSON Memphis, Tennessee Attorney for Appellant LEO BEARMAN, JR. BAKER, DONELSON, BEARMAN & CALDWELL Memphis, Tennessee Attorney for Appellee Judge: HIGHERS First Paragraph: In this divorce action, Cornelia Boone (the "Plaintiff") was awarded a divorce from Charles Boone (the "Defendant") on the grounds of inappropriate marital conduct. The trial court awarded the parties' residence at Chambers Chapel to the Plaintiff and ordered the Defendant to pay the existing mortgage on the property. The defendant was also ordered to pay $4500.00 per month in alimony for two years and $3000.00 per month in alimony for the following ten years. The trial court upheld a prenuptial agreement which was entered into by the parties two days prior to their marriage. Pursuant to the terms of the prenuptial agreement, the trial court ordered the Defendant to pay $10,000.00 in cash to the Plaintiff and all reasonable liabilities and obligations of the Plaintiff which were incurred with the Defendant's knowledge and consent. The Defendant was ordered to convey to the Plaintiff all of his real and personal property owned jointly with the Plaintiff. The trial court further ruled that neither party has any claim to the appreciation in the other's separate property. For the reasons stated hereafter, we modify the trial court's award of alimony to provide for an award of permanent alimony, but we affirm the trial court's judgment in all other respects, including the enforcement of the parties' prenuptial agreement. AFFIRMED IN PART AND MODIFIED IN PART. URL:http://www.tba.org/tba_files/TCA/BOONEC_OPN.WP6 MELVIN J. FLOWERS vs. CHARLES TRAUGHBER, et al Court:TCA Attorneys: MELVIN J. FLOWERS, pro se Nashville, Tennessee CHARLES W. BURSON Attorney General & Reporter PATRICIA C. KUSSMANN Assistant Attorney General Nashville, Tennessee Attorneys for Appellees Judge: HIGHERS First Paragraph: In this action, Melvin Flowers ("Flowers") filed a petition for writ of certiorari or, alternatively, a writ of habeas corpus in the chancery court seeking judicial review of the Parole Board's ("Board") decision to postpone his parole eligibility hearing until he received an updated psychological evaluation. The chancery court denied Flowers' petition for writ of certiorari and held that the Board did not act arbitrarily, capriciously or in excess of its jurisdiction in making its decision to delay Flowers' parole eligibility hearing. Flowers has appealed the judgment of the chancery court, arguing that his constitutional rights were violated by the Board's decision to defer his parole hearing. For the reasons stated hereafter, we affirm the judgment of the chancery court. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/FLOWERS_OPN.WP6 BESS HARMON vs. STEVE DUNN D/B/A BUD DUNN AND SON STABLE And WILLIAM "TOBY" SCARBROUGH Court:TCA Attorneys: Alfred H. Knight, WILLIS & KNIGHT, Nashville, Tennessee Attorney for Defendant/Appellant William "Toby" Scarbrough. William S. Fleming, Columbia, Tennessee Attorney for Plaintiff/Appellee. Judge: FARMER First Paragraph: This is a breach of contract case involving the sale of a Tennessee Walking Horse known as "Phantom Recall." The appellee, Bess Harmon, filed suit against the appellant, William A. "Toby" Scarbrough, after he stopped payment on a check tendered to Harmon for the purchase of the horse. Significant here is the fact that within days of the tender, but prior to Scarbrough's physical receipt of the documents transferring ownership, the horse became critically ill and died. Thus, the issue is raised as to when the risk of loss passed. There are also secondary issues as to whether the horse's physical condition was materially misrepresented prior to the sale or whether the parties were operating under a mutual mistake of fact. The trial court entered a judgment for Harmon after a bench trial. For reasons hereinafter stated, we affirm. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/HARMONB_OPN.WP6 JAMES L. HOWARD vs. J. HOWARD SHANKLE and BOBBIE J. SHANKLE Court:TCA Judge: FARMER First Paragraph: The appellant has filed a petition to rehear which, after due consideration, is respectfully denied. URL:http://www.tba.org/tba_files/TCA/HOWARDJL_ORD.WP6 JOHN RUSSELL OKERSON vs. BARBARA BUHR OKERSON Court:TCA Attorneys: CHARLES A. SEVIER, The Sevier Law Firm, Memphis, Attorney for Plaintiff/Appellant. LARRY RICE and KENDRA H. ARMSTRONG, Rice, Rice, Smith, Bursi, Veazey, & Amundsen, L.L.P.C., Memphis, Attorneys for Defendant/Appellee. Judge: TOMLIN First Paragraph: These two consolidated appeals stem from a divorce action initiated by John Russell Okerson ("Plaintiff" or "Husband") against Barbara Buhr Okerson ("Defendant" or "Wife") in the Circuit Court of Shelby County. Following an abbreviated bench trial, the trial judge granted Wife a divorce on the grounds of inappropriate marital conduct, divided the party's marital property, awarded Wife custody of the two minor children and awarded temporary child support and alimony. The case was continued to a later date. During the course of that hearing, it was announced on behalf of the parties that they had reached a settlement agreement that equally divided the marital property. In addition, it was announced that the amount and method of payment of alimony by Husband to Wife had been finalized, along with the payment of child support and some attorney fees. MODIFIED IN PART AND AFFIRMED IN PART. URL:http://www.tba.org/tba_files/TCA/OKERSON_OPN.WP6 BOWDOIN GRAYSON SMITH vs. GINGER LEE MARENCHIN SMITH Court:TCA Attorneys: MIKE W. BINKLEY 150 Second Avenue North Suite 300 Nashville, TN 37201 Attorney for Plaintiff-Appellee. JOHN J. HOLLINS HOLLINS, WAGSTER & YARBROUGH, P.C. Suite 2210, Sun Trust Center 424 Church Street Nashville, TN 37219 Attorney for Defendant-Appellant. Judge: FRANKS First Paragraph: In this divorce action, the wife contends the Trial Judge did not follow the guidelines in awarding child support, and the husband contends that the Court erred in the division of marital assets, and in the award of alimony and attorney's fees to the wife. AFFIRMED IN PART, MODIFIED IN PART, AND REMANDED. URL:http://www.tba.org/tba_files/TCA/SMITHS_OPN.WP6 GINGER DIANNE GRIGGS TURNER vs. ROBERT PHILLIPS TURNER, JR. Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: Kathryn G. Brinton David S. Zinn Nashville, Tennessee Michael D. Dillon ZINN AND ASSOCIATES Philip E. Smith Nashville, Tennessee Nashville, Tennessee Judge: KOCH First Paragraph: This appeal involves the dissolution of an eleven-year marriage. The wife first filed a complaint for separate maintenance in the Circuit Court for Davidson County but later amended the complaint to seek a divorce. The husband contested the wife's right to the divorce and to custody of the children and sought an equitable division of the marital estate. The trial court awarded the wife a divorce on the ground of inappropriate marital conduct and granted her custody of the children. On this appeal, the husband takes issue with various aspects of the division of the marital estate, the provisions for custody and visitation, the awards for spousal and child support, his conviction for criminal contempt, and the awards for the wife's attorney's fees and discretionary costs. We affirm the trial court's judgments in all particulars except for the constraints placed on the husband's dealings with his disability insurance carrier, the disposition of seventy boxes of the husband's personal property, and the award for the wife's unpaid attorney's fees. AFFIRMED AS MODIFIED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/TURNERGD_OPN.WP6 LEWIS BOLERJACK vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: THOMAS T. WOODALL CHARLES W. BURSON 203 Murrell St. Attorney General & Reporter P.O. Box 1075 Dickson, TN 37056-1075 SARAH M. BRANCH (On appeal) Counsel for the State 450 James Robertson Pkwy. TOM W. CRIDER Nashville, TN 37243-0493 District Public Defender 107 South Court Square CLAYBURN PEEBLES Trenton, TN 38382 District Attorney General (at trial & of counsel on appeal) 110 S. College St., Suite 200 Trenton, TN 38382 Judge: PEAY First Paragraph: The petitioner pled guilty in December 1987 to the first-degree murder of his wife and received a life sentence. He filed a petition for post-conviction relief in June of 1990. The petition was dismissed without a hearing and the petitioner appealed. This Court remanded the cause to the trial court and a hearing was held on August 30, 1995. The petition was subsequently dismissed and the petitioner now appeals that dismissal. He claims that the petition should not have been dismissed because he received ineffective assistance of counsel prior to entering his guilty plea. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/BOLERJAC_OPN.WP6 STATE OF TENNESSEE vs. KEVIN D. CASH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARVIN E. BALLIN CHARLES W. BURSON -and- Attorney General & Reporter MARK A. MESLER 200 Jefferson Ave., Suite 1250 DEBORAH A. TULLIS Memphis, TN 38103 Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 JOHN W. PIEROTTI District Attorney General AMY WEIRICH Asst. District Attorney General Criminal Justice Complex Third Floor 201 Poplar Memphis, TN 38103 Judge: PEAY First Paragraph: The defendant was indicted on March 23, 1995, for unlawful possession of a controlled substance with intent to sell and for unlawful possession of a controlled substance with intent to deliver. On August 29, 1995, he pled guilty to unlawful possession of marijuana in excess of 14.175 grams with intent to sell, a Class E felony. He was sentenced to sixteen months in the Shelby County Correctional Center and fined two thousand dollars ($2000). He petitioned the court to suspend his sentence, but his request was denied. It is from this denial that he now appeals. After a review of the record, we find that the trial court was not in error, and we affirm the judgment below. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/CASHREV_OPN.WP6 STATE OF TENNESSEE vs. RICKY C. CONATSER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN E. APPMAN CHARLES W. BURSON P.O. Box 99 Attorney General & Reporter Jamestown, TN 38556 DARYL J. BRAND Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 WILLIAM PAUL PHILLIPS District Attorney General JOHN W. GALLOWAY, JR. Asst. District Attorney General P.O. Box 99 Jamestown, TN 38556 Judge: PEAY First Paragraph: The defendant was indicted for possessing tylox capsules, containing oxycodone, a schedule II controlled substance, with intent to sell; possessing methadone, a schedule II controlled substance, with intent to sell; and possessing approximately 28.7 grams of marijuana with intent to sell. He filed a motion to suppress evidence obtained pursuant to a search of his residence, which the court below denied after a hearing. He subsequently pled guilty to felonious possession of oxycodone, possession of methodone, and possession of marijuana. In conjunction with his guilty plea, the defendant properly reserved certified questions of law regarding the efficacy of the search warrant upon which the incriminating evidence was seized. After our review of the record and analysis of the questions reserved, we affirm the judgment below. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/CONATSER_OPN.WP6 STATE OF TENNESSEE vs. NORMAN G. COPELAND Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ONNIE L. WINEBARGER CHARLES W. BURSON Attorney for the Appellant Attorney General and Reporter JOHN H. LITTLE MICHAEL J. FAHEY, II Attorney for the Appellant Assistant Attorney General P.O. Box 397 450 James Robertson Parkway Livingston, TN 38570 Nashville, TN 37243 BILL GIBSON District Attorney General OWEN G. BURNETT Asst District Attorney General P.O. Box 706 Livingston, TN 38570 Judge: WELLES First Paragraph: This is an appeal as of right pursuant to Rule 3, Tennessee Rules of Appellate Procedure. The Defendant, Norman Copeland, was convicted by an Overton County jury of possession of more than .5 grams of cocaine with intent to sell or deliver. The jury imposed a fine of one hundred thousand dollars ($100,000.00). He was sentenced as a Range II, multiple offender to eighteen years and six months imprisonment in the Department of Correction. The Defendant appeals both his conviction and sentence, raising the following issues: (1)That the trial court erred by failing to suppress all the evidence as listed on a search warrant return; (2) that the trial court erred in not suppressing evidence seized pursuant to an invalid capias; (3) that the trial court erred (a) by imposing a sentence of eighteen years and six months rather than the presumptive minimum of twelve years, and (b) in finding the Defendant ineligible for community corrections; and (4) that improper comments made by the prosecution during closing arguments require a reversal of his conviction. After carefully considering the above contentions, we affirm the judgment of the trial court, but modify the sentence. CONVICTION AFFIRMED; SENTENCE MODIFIED. URL:http://www.tba.org/tba_files/TCCA/COPELNDN_OPN.WP6 STATE OF TENNESSEE vs. WILLIAM HANSARD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ALAN R. FELTES CHARLES W. BURSON 159 West Main St., Suite 1 Attorney General & Reporter Sevierville, TN 37862 MICHAEL J. FAHEY, II Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 ALFRED E. SCHMUTZER District Attorney General G. SCOTT GREEN Asst District Attorney General 125 Court Ave., Suite 301 Sevierville, TN 37862 Judge: WITT First Paragraph: The defendant, William Hansard, was convicted of aggravated assault in a jury trial in the Circuit Court of Sevier County. He was sentenced as a Range I, standard offender to serve three years in the custody of the Department of Correction. He appeals as of right and contends (1) that the trial judge erred by ruling as a matter of law that an ex parte restraining order was in effect at the time of the offense, and (2) it was error to allow testimony regarding his prior bad acts. AFFIRMED AS MODIFIED. URL:http://www.tba.org/tba_files/TCCA/HANSARD_OPN.WP6 GRANT D. HENDERSON vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Ardena J. Garth Charles W. Burson District Public Defender Attorney General & Reporter Donna Robinson Miller M. Allison Thompson Assistant District Public Defender Counsel for the State 450 James Robertson Parkway Cynthia A. Lecroy-Schemel Nashville, TN 37243-0493 Assistant District Public Defender 701 Cherry Street, Suite 300 William H. Cox III Chattanooga, TN 37402 District Attorney General Thomas J. Evans Asst District Attorney General 600 Market Street, Courts Bldg Chattanooga, TN 37402 Judge: SUMMERS First Paragraph: On April 17, 1984 the appellant, Grant D. Henderson, pled guilty to first degree murder and armed robbery. He received a life sentence for first degree murder and thirty-five years for armed robbery. The sentences were ordered to run consecutively. On March 9, 1994 the appellant filed a post conviction relief petition and alternative habeas corpus petition alleging ineffective assistance of counsel and that his plea was involuntary. His petition was dismissed as untimely. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/HENDERSG_OPN.WP6 LARRY HUNTER vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: C. Anne Tipton John Knox Walkup 140 North Third Street Attorney General and Reporter Memphis, TN 38103 Clinton J. Morgan Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 John W. Pierotti District Attorney General Amy J. Weirich Assistant District Attorney 201 Poplar - Third Floor Criminal Justice Complex Memphis, TN 38103 Judge: Barker First Paragraph: The appellant, Larry Hunter, appeals as of right the denial of his petition for post-conviction relief by the Shelby County Criminal Court. On appeal, appellant contends that the trial court erred in finding that he did receive the effective assistance of counsel, and that he entered his guilty plea knowingly and voluntarily. Finding no error in the trial court's ruling, we affirm the denial of post-conviction relief. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/HUNTERL_OPN.WP6 STATE OF TENNESSEE vs. JAMES E. IRWIN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL J. FLANAGAN CHARLES W. BURSON 95 White Bridge Rd. Attorney General & Reporter Suite 208 Nashville, Tennessee 37201 EUGENE J. HONEA Asst. Attorney General 450 James Robertson Parkway Nashville, Tennessee 37243 0493 DAN M. ALSOBROOKS District Attorney General SUZANNE LOCKERT Asst. District Attorney General P.O. Box 580 Charlotte, Tennessee 37036 Judge: STAFFORD First Paragraph: Defendant Irwin pled guilty to driving under the influence of an intoxicant (DUI), was fined $350 and received eleven (11) months and twenty-nine (29) days, all of which was suspended except forty-eight (48) hours. With the consent of the state and the trial court, Irwin explicitly reserved a certified question of law pursuant to Tennessee Rules of Criminal Procedure 37 (b)(2)(i). The certified question of law for our review is "whether or not the detention of the defendant in this case, under the policy of the Dickson County Sheriff's Department, constitutes punishment so as to preclude further prosecution on double jeopardy grounds or violates the defendant's due process rights." The trial court denied Irwin's motion to dismiss. We affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/IRWINJE_OPN.WP6 STATE OF TENNESSEE vs. JOHN JAMES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: THOMAS F. BLOOM CHARLES W. BURSON 500 Church Street, 5th Floor Attorney General and Reporter Nashville, TN 37219 MICHAEL J. FAHEY, II Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General WILLIAM R. REED Asst District Attorney General Washington Sq., Suite 500 222-2nd Avenue N. Nashville, TN 37201-1649 Judge: STAFFORD First Paragraph: This is a direct appeal as a result of a jury verdict of guilty of one count of Rape of a Child, six (6) counts of Aggravated Rape, and six (6) counts of Aggravated Sexual Battery. Some sentences were run concurrently and others consecutively resulting in an effective sentence of seventy (70) years as a Range I, Standard Offender. AFFIRMED IN PART, REVERSED IN PART. URL:http://www.tba.org/tba_files/TCCA/JAMESJHN_OPN.WP6 DONNIE E. JOHNSON vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: James V. Ball John Knox Walkup 217 Exchange Avenue Attorney General of Tennessee Memphis, TN 38115 and and Kathy Morante Dwight Duncan Asst Attorney General of Tenn. 5507 Winchester Road 450 James Robertson Parkway Memphis, TN 38115 Nashville, TN 37243-0493 (AT TRIAL) John W. Pierotti, Jr. Paul J. Morrow, Jr. District Attorney General 1505 Compton Avenue and Nashville, TN 37212 Janet Shipman (ON APPEAL) Asst District Attorney General 201 Poplar Avenue Memphis, TN 38103-1947 Judge: Tipton First Paragraph: This capital post-conviction case was remanded to us by the Tennessee Supreme Court for reconsideration in light of its opinion in House v. State, 911 S.W.2d 705 (Tenn. 1995), defining concepts of waiver and previous determination in the post conviction context. The present case involves the petitioner's second petition for post conviction relief from both his conviction for first degree murder of his wife and his resulting death penalty sentence. The Shelby County Criminal Court dismissed the petition without an evidentiary hearing, concluding that all grounds raised had been either waived or previously determined. In this court's first opinion, it reversed the trial court, holding that the concept of waiver of a ground for relief provided in T.C.A. S 40 30-112(b) allowed the petitioner to rebut the presumption of waiver by showing that he, personally, did not knowingly and understandingly forego the assertion of a ground at a previous post-conviction proceeding. Donnie Edward Johnson v. State, No. 02C01-9111-CR-00237, Shelby County (Tenn. Crim. App. Mar. 23, 1994). After rebriefing and reargument by the parties, we have concluded that the trial court's dismissal of the second petition was proper. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/JOHNSON3_OPN.WP6 HORACE JONES vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Horace Jones John Knox Walkup Cold Creek Correctional Facility Attorney General and Reporter Route 2, Box 1000 Henning, TN 38041 William David Bridgers Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Mary Anne Queen Legal Assistant John W. Pierotti District Attorney General Reginald Henderson Assistant District Attorney 201 Poplar - Third Floor Criminal Justice Complex Memphis, TN 38103 Judge: Barker First Paragraph: The appellant, Horace Jones, appeals the dismissal of his post-conviction petition filed in the Criminal Court of Shelby County. The trial court summarily dismissed appellant's pro se petition because it was filed outside the applicable statute of limitations. Finding no error in the trial court's ruling, we affirm the dismissal of the petition. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/JONES4_OPN.WP6 STATE OF TENNESSEE vs. CHRISTOPHER CLAY KENNEDY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ERNEST W. WILLIAMS CHARLES W. BURSON 320 Main Street, Suite 101 Attorney General and Reporter Franklin, TN 37064 MICHAEL J. FAHEY, II Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 JOSEPH D. BAUGH, JR. District Attorney General JEFF BURKS Asst District Attorney General P.O. Box 937 Franklin, TN 37064 Judge: STAFFORD First Paragraph: The appellant, Christopher Clay Kennedy, appeals his convictions from the Williamson County Circuit Court. He was convicted by a jury of two (2) counts of reckless endangerment with a deadly weapon (a Class E felony) and one (1) count of leaving the scene of an accident. He was ordered to serve concurrent sentences of three (3) years for each count of felony reckless endangerment and 30 days for leaving the scene of an accident. On appeal, Kennedy challenges the sufficiency of the convicting evidence for two counts of reckless endangerment. Secondly, he argues that the trial court erred in not "specifically and separately" charging the jury on both felony reckless endangerment and misdemeanor reckless endangerment. He further claims that the jury verdict form misled and confused the jury by creating an inference of guilt. Finally, he contends that his due process rights have been violated under the Constitutions of the United States and the State of Tennessee because the statutory definitions of "reckless endangerment" and "deadly weapon" are vague. We affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/KENNDYCC_OPN.WP6 JIMMY LEE KEY vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Thomas G. Slaughter Charles W. Burson Attorney at Law Attorney General & Reporter 602 S. Gay Street, Suite 600 Knoxville, TN 37902 Sandy R. Copous Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Randall E. Nichols District Attorney General C. Leon Franks Assistant District Attorney General City County Building 400 Main, P.O. Box 1468 Knoxville, TN 37901-1468 Judge: SUMMERS First Paragraph: In 1969, the appellant, Jimmy Lee Key, pled guilty to seven counts of theft and burglary. In June 1992, he filed a petition for post-conviction relief alleging ineffective assistance of counsel. The petition was dismissed because the statute of limitations had expired. He appeals alleging that his claim of ineffective assistance of counsel falls within the Burford exception to the statute of limitations. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/KEYJL_OPN.WP6 MARVIN ANTHONY MATHEWS vs. STATE OF TENNESSEE Court:TCCA Judge: WOODALL First Paragraph: This matter is before the Court upon the state's motion requesting that the judgment in the above-styled cause be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. Finding that the appellant has failed to show that he is entitled to habeas corpus relief or that the chancery court had jurisdiction to consider the appellant's claims, we affirm the denial of the appellant's petition for habeas corpus relief. URL:http://www.tba.org/tba_files/TCCA/MATHEWSM_ORD.WP6 STATE OF TENNESSEE vs. CASSON MARCEL MCCOY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN H. NORTON, III CHARLES W. BURSON P.O. Drawer 37 Attorney General & Reporter Shelbyville, TN 37160 (At new trial motion and on appeal) LISA A. NAYLOR Asst. Attorney General THOMAS F. BLOOM 450 James Robertson Pkwy. 500 Church St., 5th Fl. Nashville, TN 37243-0493 Nashville, TN 37219 (On appeal) MIKE MCCOWN District Attorney General DAVID VINCENT Ste. 906, Stahlman Bldg. ROBERT G. CRIGLER 211 Union St. Asst. District Attorney General Nashville, TN 37201 Bedford County Courthouse (At trial) Shelbyville, TN 37160 Judge: PEAY First Paragraph: The defendant was indicted for the sale of less than .5 grams of cocaine. A jury convicted him of this offense. He subsequently filed a motion for new trial alleging several grounds in support thereof. At the hearing on this motion, however, defense counsel waived all grounds other than ineffective assistance of counsel. After an evidentiary hearing, the trial court denied the motion. The defendant now appeals as of right. We affirm the judgment below. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/MCCOYCM_OPN.WP6 STATE OF TENNESSEE vs. BRIAN M. MINOUX Court:TCCA Attorneys: FOR THE APPELLANT FOR THE APPELLEE John Pellegrin John Knox Walkup 113 West Main Street Attorney General and Reporter Gallatin, Tennessee 37066 450 James Robertson Parkway Nashville, Tennessee 37243 0493 William D. Bridgers Assistant Attorney General 450 James Robertson Parkway Nashville, Tennessee 37243 0493 Lawrence R. Whitley District Attorney General 113 West Main Street Gallatin, Tennessee 37066 Dee D. Gay Asst District Attorney General 113 West Main Street Gallatin, Tennessee 37066 Judge: Barker First Paragraph: The Appellant, Brian M. Minoux, appeals as of right the judgment of the Sumner County Criminal Court affirming the Sumner County assistant district attorney's revocation of pretrial diversion. He presents two arguments on appeal. First, he contends that the trial court erred when it affirmed the revocation of the memorandum of understanding. Second, that the November, 1991, memorandum of understanding expired in November of 1993 and that the charges against him should have been dismissed. After a careful review of the record on appeal we affirm the trial court's findings. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/MINOUX_OPN.WP6 STATE OF TENNESSEE vs. ROBERT EUGENE PFOFF, SR. Court:TCCA Attorneys: For the Appellant: For the Appellee: PAUL G. WHETSONE JOHN KNOX WALKUP Attorney at Law Attorney General and Reporter 502 North Jackson St. Morristown, Tn 37814 ELIZABETH T. RYAN Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 C. BERKELEY BELL, JR. District Attorney General VICTOR VAUGHN and JOHN DUGGER Asst. District Attorneys General 510 Allison Street Morristown, TN 37814 Judge: Hayes First Paragraph: The appellant, Robert Eugene Pfoff, Sr., brings this interlocutory appeal pursuant to Tenn. R. App. P. 9, contending that the district attorney general abused his discretion in denying the appellant's application for pre-trial diversion and that he was denied an adequate hearing of his petition for writ of certiorari in violation of the due process provisions of the Tennessee and United States constitutions. Following a review of the record, we affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/PFOFF_OPN.WP6 SEAN RAINER vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A. C. WHARTON CHARLES W. BURSON Public Defender Attorney General & Reporter WALKER GWINN DEBORAH A. TULLIS Asst. Public Defender Asst. Attorney General 201 Poplar - Suite. 2-01 450 James Robertson Pkwy. Memphis, TN 38103 Nashville, TN 37243-0493 (On appeal) JOHN W. PIEROTTI DIANE THACKERY District Attorney General Asst. Public Defender 201 Poplar - 2nd Fl. REGINALD HENDERSON Memphis, TN 38103 Asst. District Attorney (At hearing) 201 Poplar Ave. - 3rd Fl. Memphis, TN 38103 Judge: PEAY First Paragraph: The petitioner was convicted by a jury of second-degree murder and attempted first-degree murder, from which no appeal was perfected. He has filed this petition for post-conviction relief alleging that he received ineffective assistance of counsel because his lawyer failed to file an appeal on his behalf. After a hearing, the court below denied relief. After reviewing the record, we affirm the judgment. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/RAINERS_OPN.WP6 STATE OF TENNESSEE vs. JEFFERY L. VAUGHN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: G. Stephen Davis Charles W. Burson District Public Defender Attorney General & Reporter 208 North Mill Avenue Dyersburg, TN 38024 Clinton J. Morgan Counsel for the State Charles M. Agee, Jr. 450 James Robertson Parkway Attorney at Law Nashville, TN 37243-0493 P.O. Box 264 Dyersburg, TN 38024 C. Phillip Bivens (At Trial Only) District Attorney General James E. Lanier Asst. Dist. Attorney General P.O. Box E Dyersburg, TN 38024 Judge: SUMMERS First Paragraph: The appellant, Jeffery Vaughn, was convicted by a jury of possession of cocaine with intent to sell. He was sentenced to 16 years as a Range II offender. He appeals alleging the evidence was insufficient to convict and that his sentence was excessive. Upon review, we affirm the judgment of conviction and sentence. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/VAUGHNJ_OPN.WP6 TERRY WARE vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: J. BLAKE ANDERSON CHARLES W. BURSON Suite 110, Pythian Bldg. Attorney General & Reporter 200 E. Main St. P.O. Box 1771 DEBORAH A. TULLIS Jackson, TN 38302-1771 Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 JERRY WOODALL District Attorney General DON ALLEN Asst. District Attorney General P.O. Box 2825 Jackson, TN 38302 Judge: PEAY First Paragraph: The petitioner pled guilty in September 1994 to aggravated burglary and aggravated rape. He received an effective sentence of fifteen years which is to run consecutively to the remainder of a previous sentence in which his probation status was revoked. He filed a petition for post-conviction relief in October 1994 and counsel was appointed. After a hearing, his petition was denied. It is from this denial that he now appeals. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/WARE2_OPN.WP6 DAVID WILLIAMS vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: David B. Hill Charles W. Burson Attorney at Law Attorney General & Reporter 301 E. Broadway Newport, TN 37821 Sandy R. Copous Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Alfred C. Schmutzer, Jr. District Attorney General Richard R. Vance Asst District Attorney General 339-A E. Main Street Newport, TN 37821 Judge: SUMMERS First Paragraph: The appellant, David Williams, pled guilty to six offenses in Cocke County. He was sentenced to 12 years as a Range I, standard offender. He filed a post-conviction petition alleging that he received ineffective assistance of counsel. After a hearing, the trial court dismissed the petition. He appeals the dismissal. Upon review, we affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/WILLIA1_OPN.WP6
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