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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TERRY L. HICKS, JR. vs. STATE OF TENNESSEE Court:TSC Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GEORGE MORTON GOOGE JOHN KNOX WALKUP 26th District Public Defender Attorney General and Reporter PAMELA J. DREWERY MICHAEL E. MOORE Assistant Public Defender Solicitor General 227 West Baltimore Street Jackson, Tennessee KAREN M. YACUZZO Assistant Attorney General 450 James Robertson Parkway Nashville, Tennessee JAMES G. WOODALL District Attorney General DONALD H. ALLEN Asst District Attorney General P.O. Box 2825 Jackson, Tennessee Judge: BIRCH First Paragraph: Pursuant to a plea bargain agreement, Terry L. Hicks, the appellant, entered a plea of guilty and was convicted of voluntary manslaughter, a Class C felony. The Range I punishment for this offense is three to six years; for Range II offenders, it is six to fifteen years. The plea agreement provided for a "hybrid" sentence: that is, Range II incarceration (ten years) coupled with Range I release eligibility (thirty percent). The trial court accepted the plea agreement and convicted Hicks of voluntary manslaughter. Adhering to the terms of the agreement, the trial court sentenced Hicks to the Department of Correction for ten years as a Range I standard offender with a release eligibility of thirty percent. AFFIRMED. URL:http://www.tba.org/tba_files/TSC/HICKSTL_OPN.WP6 SHEILA I. LAWSON vs. LEAR SEATING CORPORATION Court:TSC Attorneys: For Appellant: For Appellee: ROBERT D. VAN DE VUURST ROBERT C. EDWARDS STEVEN H. TRENT Knoxville, TN Johnson City, TN Judge: BIRCH First Paragraph: In this case, the Special Workers' Compensation Appeals Panel concluded that Sheila I. Lawson, the employee, failed to commence her action for benefits within one year of the accident causing injury. After a thorough review of the record, we find that Lawson commenced her action within the applicable period of limitations. DECISION OF THE PANEL REVERSED; JUDGMENT OF THE TRIAL COURT AFFIRMED. URL:http://www.tba.org/tba_files/TSC/LAWSONL_OPN.WP6 DEBBIE PROFFITT RAY vs. DAVID ANTHONY RAY Court:TCA Attorneys: TOM McFARLAND OF KINGSTON and VIVIAN CRANDALL OF OAK RIDGE FOR APPELLANT ROBERT R. SIMPSON OF KNOXVILLE FOR APPELLEE Judge: Goddard First Paragraph: In this post-divorce proceeding, David Anthony Ray appeals the Knox County Circuit Court's granting of Debbie Proffitt Ray's petition for a modification of Mr. Ray's child support payments. AFFIRMED IN PART; MODIFIED IN PART; and REMANDED. URL:http://www.tba.org/tba_files/TCA/RAYDEBB_OPN.WP6 ROY ROSE vs. TIPTON COUNTY PUBLIC WORKS DEPARTMENT, JEFF HUFFMAN, COUNTY EXECUTIVE, CURRIE ERWIN, JAMES HARKNESS, JOHN McINTYRE, JAMES OSBURN, SHELBY ROSE, HAROLD TWISDALE, CLIFFORD WILSON Court:TCA Attorneys: Frank Deslauriers, Covington, Tennessee Attorney for Plaintiff/Appellant. James L. Holt, Jr., JACKSON, SHIELDS, YEISER & CANTRELL, Cordova, Tennessee Duke H. Brasfield, Covington, Tennessee Attorneys for Defendants/Appellees. Judge: FARMER First Paragraph: In this action for breach of an employment contract, Plaintiff Roy Rose appeals the trial court's order entering summary judgment in favor of Defendants/Appellees Tipton County Public Works Department, County Executive Jeff Huffman, and individual members of the Tipton County Public Works Department Committee. The trial court granted the Defendants' motion for summary judgment based on the court's conclusion that an employee handbook distributed by the Public Works Department in 1982, and revised in 1988, did not constitute an employment contract. We affirm. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/ROSER_OPN.WP6 NORWOOD BRADY vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Johnny D. Houston, Jr. John Knox Walkup Attorney at Law Attorney General & Reporter Suite 202, Flatiron Building 707 Georgia Avenue Timothy F. Behan Chattanooga, TN 37402 Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 William H. Cox III District Attorney General Leland Davis Asst District Attorney General 600 Market Street, Suite 310 Chattanooga, TN 37402 Judge: SUMMERS First Paragraph: The appellant, Norwood Brady, was indicted for first degree murder. He pled guilty to the lesser offense of second degree murder. He received a fifty- year sentence. The appellant filed a petition for post-conviction relief alleging that he received ineffective assistance of counsel which resulted in an involuntary and unknowing plea. In his petition he claimed his trial counsel was ineffective for failing to allow him to participate in his defense and for failing to adequately explain the consequences of his guilty plea. After a hearing, the trial court dismissed the petition finding the appellant's trial counsel effective and the appellant's plea knowing and voluntary. He appeals the dismissal of his petition. Upon review, we affirm. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/BRADYNOR_OPN.WP6 LESLEY BUFORD vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: Lesley Buford, Pro Se South Central Correction Facility P.O. Box 279 Clifton, TN 38425-0279 For Appellee: Charles W. Burson Attorney General & Reporter Robin L. Harris Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Judge: WADE First Paragraph: The petitioner, Lesley Buford, appeals the trial court's dismissal of his petition for post-conviction relief. The single issue presented for our review is whether the trial court erred by dismissing the petition without any answer having been filed by the state, without the appointment of counsel, or without an evidentiary hearing. Because the issues raised in the petition can be conclusively determined in favor of the state, we affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/BUFORD_OPN.WP6 STATE OF TENNESSEE vs. RONALD JEFFERY DAVIS Court:TCCA Attorneys: For the Appellant: For the Appellee: GALE K. FLANARY JOHN KNOX WALKUP Asst. Public Defender Attorney General and Reporter P. O. Box 839 Blountville, TN 37617 DARIAN B. TAYLOR Assistant Attorney General Criminal Justice Division STEPHEN M. WALLACE 450 James Robertson Parkway Dist. Public Defender Nashville, TN 37243-0493 H. GREELEY WELLS, JR. District Attorney General NANCY S. HARR Asst. District Attorney General Blountville, TN 37617 Judge: Hayes First Paragraph: The appellant, Ronald Jeffery Davis, was convicted by a jury in the Sullivan County Criminal Court of attempted first degree murder. Tenn. Code Ann. S 39-12-101 (1991); Tenn. Code Ann. S 39-13-202(a)(1) (1994 Supp.). On appeal, he challenges the trial court's admission at trial of a tape-recorded message, the trial court's admission of testimony concerning a prior altercation between the appellant and the victim, and the sufficiency of the evidence supporting the jury's verdict. Following a thorough review of the record, we affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/DAVIS_OPN.WP6 BILLY GROOMS vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Billy Grooms, Pro Se John Knox Walkup # 101022 Attorney General of Tennessee S.T.S.R.C.F. and Route 4, Box 600 Eugene Honea Pikeville, TN 37367-9243 Asst Attorney General of Tennessee 450 James Robertson Parkway Nashville, TN 37243-0493 Alfred C. Schmutzer, Jr. District Attorney General 301 Sevier County Courthouse Sevierville, TN 37862 and James B. Dunn Asst District Attorney General 339A East Main Street Newport, TN 37821 Judge: Tipton First Paragraph: The petitioner, Billy Grooms, appeals as of right from the Cocke County Circuit Court's denial of his third petition for post-conviction relief which he filed in September 1994. He is presently in the custody of the Department of Correction serving concurrent life sentences resulting from his 1986 convictions on two counts of first degree murder. The convictions and sentences were affirmed on appeal. State v. Billy Grooms, No. 107, Cocke County (Tenn. Crim. App. Mar. 26, 1986), app. denied (June 30, 1986). The petitioner contends (1) that his petition is not barred by the three year statute of limitations then existing for post-conviction claims and (2) that he may still raise constitutional violations that were previously unknown to him at the time of his earlier post-conviction litigation. We disagree. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/GROOMSB_OPN.WP6 THOMAS FRANKLIN MYNATT vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Thomas Franklin Mynatt, pro se John Knox Walkup Route 4, Box 600 Attorney General & Reporter Pikeville, TN 37367 Michael J. Fahey, II Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Randall E. Nichols District Attorney General City-County Building Knoxville, TN 37902 Judge: SUMMERS First Paragraph: The appellant, Thomas Franklin Mynatt, appeals pro se from a judgment entered by the Knox County Criminal Court. The appellant's sole issue on appeal is that the trial court committed plain error by not indicating on the judgment the dates for which the appellant's pretrial jail credit would apply. He requests that this Court remand this case to the trial court for a hearing. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/MYNATTTF_OPN.WP6 ROBERT RAYFORD vs. ROBERT CONLEY, WARDEN Court:TCCA First Paragraph: ORDER DENYING PETITION TO REHEAR: Upon consideration of the petition to rehear, the Court finds the same to be without merit. The petition to rehear is respectfully DENIED. URL:http://www.tba.org/tba_files/TCCA/RAYFORDR_ORD.WP6 STATE OF TENNESSEE vs. DANIEL EDWARD RIFFEY Court:TCCA Attorneys: For Appellant: For Appellee: Leslie S. Hale Charles W. Burson Assistant Public Defender Attorney General & Reporter P.O. Box 839 Blountville, TN 37617 Sarah M. Branch Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Edward E. Wilson Asst. District Attorney General P.O. Box 526 Blountville, TN 37617 Judge: WADE First Paragraph: The defendant, Daniel Edward Riffey, pled guilty to seven counts of forgery. See Tenn. Code Ann. S 39-14-114. After classifying the defendant as a Career Offender, the trial court imposed a sentence of six years for each count, all to be served concurrently to each other but consecutively to a prior ten-year sentence. The sole issue on appeal is whether the trial court erred by denying probation. We find no error and affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/RIFFEY_OPN.WP6 STATE OF TENNESSEE vs. LARRY GENE ROGERS Court:TCCA Attorneys: For the Appellant: For the Appellee: William C. Killian John Knox Walkup Number One Oak Avenue Attorney General of Tennessee Jasper, TN 37347 and Michael J. Fahey, II Asst Attorney General of Tennessee 450 James Robertson Parkway Nashville, TN 37243-0493 William H. Cox, III District Attorney General and David W. Denney Asst District Attorney General 600 Market Street, Suite 310 City-County Bldg. Chattanooga, TN 37402 Judge: Tipton First Paragraph: The defendant, Larry Gene Rogers, was convicted upon his guilty pleas in the Hamilton County Criminal Court of one count of theft of property valued over ten thousand dollars, a Class C felony, and two counts of theft of property valued over one thousand dollars, a Class D felony. Pursuant to a plea bargain, he received three three-year sentences with the Class D felonies to be served concurrently, but consecutively to the Class C felony. The trial court ordered that the defendant serve eleven months, twenty-nine days in confinement, then be placed on unsupervised probation for the remainder of the six-year effective sentence. The defendant appeals as of right regarding his confinement, contending that the trial court erred (1) in considering a statutory enhancement factor relative to the issue of confinement, see T.C.A. S40-35-114(1), (2) in not affording the defendant the statutory presumption in favor of alternative sentencing, see T.C.A. S40-35-102(6), and (3) in concluding that the confinement was necessary to avoid depreciating the seriousness of the offenses. See T.C.A. S40-35-103(1)(B). We affirm the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/ROGERS_OPN.WP6 DONNIE RAY SEALS vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: William A. Zierer John Knox Walkup Attorney at Law Attorney General & Reporter 124 W. Main Street P.O. Box 1276 Robin L. Harris Morristown, TN 37816-1276 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 C. Berkeley Bell, Jr. District Attorney General Victor J. Vaughn Asst District Attorney General 109 S. Main Street, Suite 501 Greeneville, TN 37743 Judge: SUMMERS First Paragraph: The appellant, Donnie Ray Seals, pled guilty to one count of second degree murder and three counts of aggravated assault. He was sentenced to fifteen years for second degree murder and three years for each aggravated assault conviction at 30% as a standard offender. The sentences were ordered to run concurrently. The appellant filed a pro se petition for post-conviction relief alleging ineffective assistance of counsel, and counsel was appointed for the appellant's post-conviction hearing. The hearing court denied relief. The appellant appeals this denial. We affirm. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/SEALSDR_OPN.WP6 STATE OF TENNESSEE vs. MICHAEL STAMM Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: NATALEE STAATS HURLEY CHARLES W. BURSON Asst. District Public Defender Attorney General & Reporter 419 High Street Maryville, TN 37804 LISA A. NAYLOR Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 MICHAEL L. FLYNN District Attorney General PHILIP MORTON Asst. District Attorney General Blount County Courthouse Maryville, TN 37801 Judge: WITT First Paragraph: Appellant, Michael Stamm, appeals the sentence imposed by the Circuit Court of Blount County following his guilty plea to sale of cocaine, a Class B felony. The court imposed a ten year sentence on appellant, a Range I offender, to be served in custody of the Tennessee Department of Corrections. In imposing this sentence, the court relied on appellant's criminal history as an enhancing factor and the lack of a violent act and appellant's voluntary submission to drug rehabilitation following his apprehension as mitigating factors. In this direct appeal, appellant contends the trial court erred in sentencing him to serve time in custody of the Department of Corrections, rather than ordering an alternative sentence in the Community Corrections Program. On review of the record before us, we affirm the sentence imposed by the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/STAMM_OPN.WP6
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