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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- 07-New Opinions From TCCA
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DEBRA MICHELLE LAMBERT vs. FAMOUS HOSPITALITY, INC., a/k/a A.S. HOSPITALITY a/k/a M W M DEXTER, INC. and AMERICAN MOTORIST INSURANCE COMPANY Court:TSC Attorneys: For Plaintiff-Appellee: For Defendants-Appellants: Joseph Michael Cook Carol Mills Hayden Memphis, TN Memphis, TN Judge: DROWOTA First Paragraph: In this workers' compensation action, the employer, Famous Hospitality, Inc., defendant-appellant, has appealed from a judgment of the Circuit Court of Shelby County finding that the employee, Debra Lambert, plaintiff-appellee, sustained a 60 percent permanent impairment to the whole body due to a work-related shoulder injury. The trial court also directed the employer to pay various medical and litigation related expenses incurred by the employee, but did not require the employer to pay for future medical treatment by doctors that had been selected by the employee and who had treated her before trial. The Special Workers' Compensation Appeals Panel, upon reference for findings of fact and conclusions of law pursuant to Tenn. Code Ann. S 50-6-225(e)(5), affirmed the trial court. Thereafter, the employer filed a motion for full Court review of the Panel's decision pursuant to Tenn. Code Ann. S50-6-225(e)(5)(B). We granted the motion to determine whether the employee should have been authorized to seek future medical treatment, at the employer's expense, from doctors selected by her who had treated her injuries. After carefully examining the record before us and considering the relevant authorities, we affirm the trial court's judgment except to the extent that the judgment does not authorize future medical treatment by the employee's treating physicians at the employer's expense. JUDGMENT OF TRIAL COURT AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. URL:http://www.tba.org/tba_files/TSC/LAMBERTD_OPN.WP6 JANTICE L. WEST vs. NASHVILLE TENT & AWNING COMPANY, INC. and GENERAL ACCIDENT INSURANCE COMPANY Court:TSC First Paragraph: This case is before the Court upon a motion for review pursuant to Tenn. Code Ann. S 50-6-225(e)(5)(B), the entire record, including the order of referral to the Special Workers' Compensation Appeals Panel, and the Panel's Memorandum Opinion affirming the dismissal of the plaintiff's claim for workers' compensation benefits on the grounds that it was untimely under the statute of limitations. URL:http://www.tba.org/tba_files/TSC/WESTJ_JDG.WP6 CARL STEWART vs. CITY OF JOHNSON CITY, TENNESSEE Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellees: John Rambo Robert J. Jessee Herrin, Booze & Rambo Jessee & Jessee 515 E. Unaka Ave. 412 W. Unaka Ave. Johnson City, TN 37601 P.O. Box 997 Johnson City, TN 37605 Judge: BYERS First Paragraph: The trial court found the plaintiff had sustained a 60% permanent partial disability as a result of an industrial injury. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/STEWART_OPN.WP6 AMERICAN STEINWINTER INVESTOR GROUP, FOR & ON BEHALF OF AMERICAN STEINWINTER, INC. vs. AMERICAN STEINWINTER, INC. vs. SALVATORE STALLONE and CLAIRE POPPLER WALTER C. PRESSLEY Court:TCA Attorneys: Roland M. Lowell #3874 David Weed 2300 First American Center # 2900, Third Natl. Fin. Cntr. Nashville, TN 37238-2075 424 Church Street ATTORNEY FOR PLAINTIFFS/APPELLEES Nashville, TN 37219 Keith Jordan 222 Second Ave N, Ste. 360M Nashville, TN 37201 ATTORNEYS FOR RECEIVER/APPELLEE William W. Burton #3237 Daniel, Burton & Associates Walter C. Pressley 401 W. Main, P.O. Box 960 1219 Franklin Road Murfreesboro, TN 37133-0960 Brentwood, TN 37024 ATTORNEY FOR DEFENDANTS/APPELLANTS CROSS-PLAINTIFF/COUNTER Salvatore Stallone and Claire Poppler DEFENDANT/APPELLANT/PRO SE Judge: TODD First Paragraph: This appeal presents a most complicated and factually disputed series of dealings involving numerous parties. The briefs, with contradictions present the background of the controversy as follows: Salvatore Stallone was the principal in a Utah Corporation, originally named Bronco T. Mining, Inc., but subsequently and successively named Stallone American, Limited, Stallone McComb, Incorporated, and finally, American Steinwinter, Inc. The last name was adopted to pursue a venture involving the marketing of a novel truck designed by a German firm named Steinwinter International. Neither Steinwinter, International, nor American Steinwinter, Inc., were made parties to this suit, but the assets of American Steinwinter, Inc., were attached and are being liquidated by a receiver appointed in these proceedings. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/AMERSTEI_OPN.WP6 ERNEST F. BURKE, DANIEL NEWMAN, JOHN H. "TOMMY" KERKELES, KARL THOMPSON, STEVE BEECH vs. THE TENNESSEE WALKING HORSE BREEDERS' & EXHIBITORS' ASSOC. and PHIL SNODGRASS, C.L. BAIRD, SR., NEIKA WILLIAMS, JUDITH BURGESS, MARIETTA GAMBRELL, PAMELA REBAND, W. DAVID LANDRUM, JOYCE MORRIS, CHARLES CLEGHORN, CARROLL BENEDICT, ROBERT CHERRY Court:TCA Attorneys: ROBERT G. WHEELER, JR., ESQ. Lewis, King, Krieg, Waldrop & Catron, P.C. P.O. Box 198615 Nashville, TN ATTORNEY FOR PLAINTIFF/APPELLANT DIANE M. SEGROVES, ESQ. Bobo, Hunt & Bobo P.O. 169 Shelbyville, TN ATTORNEY FOR DEFENDANTS/APPELLEES Judge: TODD First Paragraph: The captioned plaintiff's have appealed from a summary judgment dismissing their suit to invalidate an election of a board of directors of Tennessee Walking Breeders and Exhibitor's Association and all actions of the Board selected in said election. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/BURKETRI_OP.WP6 SUSAN HALL CREECH vs. JON KINDRED HALL, SR. Court:TCA Attorneys: SELMA CASH PATY and PAMELA R. O'DWYER, Paty, Rymer & Ulin, P.C., Chattanooga, for appellant. DAVID HAINES ROTROFF, Chattanooga, for Appellee. Judge: McMurray First Paragraph: Plaintiff-Appellant, Susan Hall Creech, (mother) has appealed from an order of the Chancery Court of Hamilton County modifying a divorce judgment by changing custody of the parties' minor son, Jon Kindred Hall Jr., to the appellant, Jon Kindred Hall Sr., (father). AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/CREECH_OPN.WP6 SYLVIA H. DOCKERY vs. ESTATE OF JACK C. MASSEY Court:TCA Attorneys: W. GARY BLACKBURN JAY C. BALLARD BLACKBURN, SLOBEY, FREEMAN & HAPPELL, P.C. 2050 NationsBank Plaza 414 Union Street Nashville, Tennessee 37219 Attorneys for Plaintiff/Appellant JOHN H. BAILEY, III PAUL G. JENNINGS BASS, BERRY & SIMS 2700 First American Center Nashville, Tennessee 37238 Attorneys for Defendant/Appellee Judge: CANTRELL First Paragraph: In this case the plaintiff pleads lack of consideration and economic duress, to avoid the enforceability of certain deeds of trust she signed along with her husband. The Chancery Court of Davidson County granted summary judgment to the defendant. We affirm. URL:http://www.tba.org/tba_files/TCA/DOCKSH_OPN.WP6 ESTATE OF JANE DOE and JOHN DOE vs. VANDERBILT UNIVERSITY, INC. dba VANDERBILT UNIVERSITY MEDICAL CENTER Court:TCA Attorneys: ABBY R. RUBENFELD Rubenfeld & Associates 2505 Hillsboro Road, Suite 201 Nashville, Tennessee 37212 A. BRUCE JONES PATRICIA DEAN Holland & Hart 555 17th Street, Suite 3200 P. O. Box 8749 Denver, Colorado 80201 ATTORNEYS FOR PLAINTIFFS/APPELLANTS JOHN S. BRYANT Bass Berry & Sims 2700 First American Center Nashville, Tennessee 37238-2700 ATTORNEY FOR DEFENDANT/APPELLEE Judge: LEWIS First Paragraph: In August of 1984, Jane Doe was transfused with blood contaminated with human immunodeficiency virus (HIV) at Vanderbilt University Medical Center. Years later, she and her husband John Doe sued Vanderbilt University d/b/a Vanderbilt University Medical Center (Vanderbilt) for its failure in 1987 and 1988 to individually notify former patients who had received blood transfusions prior to March 1985 that the blood they received was not tested for the HIV virus. Finding this case to be governed by the provisions of the Tennessee Medical Malpractice Act, Tennessee Code Annotated S 29-26-115, the Davidson County Circuit Court concluded that, absent expert testimony that Defendant deviated from the recognized standard of acceptable professional practice for hospitals in Nashville or similar communities, there existed no genuine issue of material fact. The court thus determined that the defendant was entitled to summary judgment. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/DOEJ_OPN.WP6 AUBREY L. GILLEY vs. MARGARET CULPEPPER, As Commissioner of the Tennessee Department of Employment Security, and FORKLIFTS UNLIMITED, INC. WITH CONCURRING OPINION Court:TCA Attorneys: JEFFREY RAPPUHN Willis & Knight 215 Second Avenue North Nashville, Tennessee 37201 ATTORNEY FOR PETITIONER/APPELLANT GEORGE E. COPPLE, JR. Suite 218, 172 Second Avenue, North Nashville, Tennessee 37201 ATTORNEY FOR RESPONDENT/APPELLEE FORKLIFTS UNLIMITED, INC. CHARLES W. BURSON Attorney General and Reporter KIMBERLY M. FRAYN Assistant Attorney General 2nd Floor, Cordell Hull Bldg. 426 Fifth Avenue, North Nashville, Tennessee 37243-0499 ATTORNEYS FOR RESPONDENT/APPELLEE Judge: LEWIS First Paragraph: This is an appeal by petitioner/appellant, Aubrey L. Gilley, from the decision of the chancery court affirming the decision of the Board of Review for respondent /appellee, the Tennessee Department of Employment Security, to deny Mr. Gilley unemployment compensation benefits. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/GILLEYA_OPN.WP6 URL:http://www.tba.org/tba_files/TCA/GILLEYA_CON.WP6 PATRICIA ANN JOHNSON GRACE vs. ISAAC EVANS GRACE, JR. Court:TCA Attorneys: Kevin S. Terry, #15267 430 Third Avenue North Suite 100 Nashville, Tennessee 37201 ATTORNEY FOR PLAINTIFF/COUNTER-DEFENDANT/APPELLEE G. Kline Preston, IV, #17141 176 Second Avenue North Suite 500 Nashville, Tennessee 37201 ATTORNEY FOR DEFENDANT/COUNTER-PLAINTIFF/APPELLANT Judge: TODD First Paragraph: In this divorce case the husband, Isaac Evans Grace, Jr., has appealed from three provisions of the non-jury judgment in favor of the wife, Patricia Ann Johnson Grace, and presented the following issues: A. Whether the Trial Court erred in its division and classi- fication of the parties' property. B. Whether the Trial Court erred in awarding the Wife rehabilitative alimony. C. Whether the Trial Court erred in awarding the Wife attorneys fees. AFFIRMED IN PART AND REMANDED. URL:http://www.tba.org/tba_files/TCA/GRACEP_OPN.WP6 International Collection Services, Inc. vs. Virginia R. Bailey Court:TCA Attorneys: MICHAEL A. WAGNER Wagner, Nelson & Weeks 1418 First Tennessee Building Chattanooga, Tennessee 37402 ATTORNEY FOR PLAINTIFF/APPELLANT MARK E. ADKINS P.O. box 237 Murfreesboro, Tennessee 37133 Judge: LEWIS First Paragraph: This is an appeal by plaintiff/appellant, International Collection Services, Inc. ("ICS"), from the decision of the chancery court granting summary judgment in favor of defendant/appellee, Virginia R. Bailey. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/INTERNAT_OPN.WP6 ROBIN LETHCO and husband, MARK LETHCO vs. JOHN HUFFMAN, M.D. Court:TCA Attorneys: ROGER L. GILBERT, Gilbert and Faulkner, Knoxville, for Appellants. D. MICHAEL SWINEY and WYNN C. HALL, Paine, Swiney and Tarwater, Knoxville, for Appellee. Judge: McMurray First Paragraph: The sole issue on this appeal, as stated by the appellant, is whether the trial court erred in dismissing this action on motion for summary judgment. More properly stated, the issue is whether or not the trial court abused its discretion by denying a motion for a continuance of the hearing for summary judgment or alternatively whether the trial court abused its discretion in denying the plaintiffs relief from the summary judgment. We find no error on the part of the trial court and accordingly affirm the judgment. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/LETHCO_OPN.WP6 IVA DELL BROWN McALEXANDER vs. KENNETH JACKSON McALEXANDER Court:TCA Attorneys: Jesse H. Ford, III, FORD & MAYO, Jackson, Tennessee, for Defendant/Appellant. Mary Jo Middlebrooks, MIDDLEBROOKS & GRAY, P.A., Jackson, Tennessee, for Plaintiff/Appellee. Judge: FARMER First Paragraph: Following the trial court's order granting the parties an absolute divorce, distributing the parties' property, awarding custody of the parties' four minor children to Iva Dell Brown McAlexander (the Mother), and ordering Kenneth Jackson McAlexander (the Father) to pay child support to the Mother pursuant to the Child Support Guidelines, Father appealed. The sole issue presented by the Father is whether the trial court erred in granting custody of the parties' four children to the Mother. We affirm. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/MCALEXID_OPN.WP6 HARRY WRIGHT McCLURG vs. ANNIE LOU SMITH McCLURG Court:TCA Attorneys: CHARLES DUNGAN, Dungan & Meares, Maryville, for Appellant. PERRY P. PAINE, JR., Paine, Garrett & Bray, Maryville, for Appellee. Judge: McMurray First Paragraph: This is a divorce action. No issue is made relating to the divorce itself. The controversy between the parties relates to the court's division of the marital assets. Upon consideration, we are of the opinion that the judgment of the trial court fails to provide for an equitable division of property between the parties. Accordingly, we remand the case to the trial court with instructions. VACATED IN PART AND REMANDED WITH INSTRUCTIONS. URL:http://www.tba.org/tba_files/TCA/MCCLERG_OPN.WP6 SCHAAD'S DO-IT CENTER vs. DOYLE K. WALKER and GARY KENNETH WALKER and KENNETH R. KRUSHENSKI, trustee and FIRST BANK OF EAST TENNESSEE, N.A. Court:TCA Attorneys: JOSEPH J. LEVITT, JR., Knoxville, for Appellant. KENNETH R. KRUSHENSKI, Rogers, Hurst & Krushenski, LaFollette, for Appellee. Judge: McMurray First Paragraph: The sole determinative issue in this case is whether the appellant's lien as a materialman as provided in T.C.A. S 66-11 102 is superior to a deed of trust securing a note payable to the appellee (bank). The trial court determined that the deed of trust was superior to the materialman's lien. This appeal resulted. We affirm the judgment of the trial court. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/SCHAAD'S_OPN.WP6 STATE OF TENNESSEE, ex. rel. DOUGLAS M. SIZEMORE, Commissioner of the Department of Commerce and Insurance for the State of Tennessee vs. UNITED PHYSICIANS INSURANCE RISK RETENTION GROUP Court:TCA Attorneys: JOHN KNOX WALKUP SARAH HIESTAND Attorney General and Reporter Assistant Attorney General Financial Division 500 Charlotte Avenue Nashville, TN 37243-0496 RENARD A. HIRSCH, JR. #009489 619 Woodland Street Nashville, TN 37206 ATTORNEYS FOR DEFENDANTS/APPELLEES HOLLINS, WAGSTER & YARBROUGH John L. Norris #6007 Suite 2210, SunTrust Center 424 Church Street Nashville, TN 37219 ATTORNEY FOR CLAIMANT/APPELLANT Judge: TODD First Paragraph: This appeal involves the rejection of a claim against a liability insurer in a chancery receivership. The appellant, Janina Loshek, was a patient of Dr. Robert Slutsky who was insured against professional liability by United Physicians Insurance Retention Group which has been placed in receivership under T.C.A. SS 56-9-101 et seq. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/SIZE2_OPN.WP6 ROYCE T. SMITH, individually and on behalf of all others similarly situated vs. FIRST UNION NATIONAL BANK OF TENNESSEE Court:TCA Attorneys: GORDON BALL, Knoxville, J. KENNETH PORTER, Newport, for Appellants. WILLIAM S. LOCKETT, JR., Kennerly, Montgomery & Finley, P.C., Knoxville and CARL N. PATTERSON, JR., Smith, Anderson, Blount, Dorsett, Mitchell & Jernigan, L.L.P., Raleigh, NC for appellee. Judge: McMurray First Paragraph: Royce T. Smith (plaintiff) filed this action against First Union National Bank of Tennessee (bank) ostensibly as a class action. In his complaint the plaintiff seeks damages for what is alleged to be unfair, deceptive and unlawful practices of the bank in the way and manner it handles multiple checks drawn on the plaintiff's checking account and presented for payment on the same banking day when the aggregate of the checks exceeds the balance in the plaintiff's account. Specifically, the plaintiff asserts that the bank honors checks in such a fashion as to maximize the fees charged by the bank for checks returned for insufficient funds. The basic premise of the plaintiff is that the plaintiff honors the largest check (in amount) first rather than honoring the checks in a way that maximizes the number of checks that can be paid. Plaintiff asserts that the bank's action results in a greater number of checks being returned for insufficient funds and, hence, greater fees are generated by the bank and charged to its customers. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/SMITH_OPN.WP6 JERRY WILLIAMS vs. MEMPHIS HOUSING AUTHORITY MABLE MONDAY vs. MEMPHIS HOUSING AUTHORITY Court:TCA Attorneys: Gregory L. Perry Attorney for Defendant/Appellant. Alan Bryant Chambers, Jeff A. Crow, Jr. CHAMBERS, CROW, DURHAM & HOLTON, LAWYERS, Memphis, Tennessee Attorney for Plaintiffs/Appellees. Judge: FARMER First Paragraph: Defendant Memphis Housing Authority (MHA) appeals several orders entered by the trial court in favor of two of MHA's former employees, Plaintiffs/Appellees Jerry D. Williams and Mable Monday (collectively, the Employees). In separate actions filed below, the Employees sued MHA for breach of employment contract. In both cases, the trial court entered orders granting the Employees' motions for summary judgment based on the court's conclusion that MHA's Manual of Operations constituted part of the employment contract between the parties and, further, that MHA breached this contract by terminating the Employees without just cause. Amending the pleadings to conform to the proof in the records, the trial court's foregoing orders also granted summary judgment to the Employees on their claims that, in terminating the Employees, MHA violated their rights to substantive and procedural due process. After conducting a subsequent hearing on the issue of remedies, the trial court entered final orders granting the Employees back pay and reinstatement to their former positions with MHA. Upon MHA's motion, this court consolidated MHA's appeals of the trial court's judgments in favor of Williams and Monday because the appeals involve common questions of law and fact. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/WILLMSJD_OPN.WP6 STATE OF TENNESSEE vs. TYREE P. AUSTIN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN H. HENDERSON JOHN KNOX WALKUP Public Defender Attorney General & Reporter P.O. Box 68 Franklin, Tennessee 37065-0068 RUTH THOMPSON Assistant Attorney General 450 James Robertson Parkway Nashville, Tennessee 37243 0493 JOSEPH D. BAUGH District Attorney General MARK L. PURYEAR, III Assistant District Attorney P.O. Box 937 Franklin, Tennessee 37065 0937 Judge: RILEY First Paragraph: The defendant, Tyree P. Austin, appeals as of right from a jury verdict convicting him of aggravated burglary, a Class C felony, and theft of property under $500, a Class A misdemeanor. As a Range I standard offender, he was sentenced to five (5) years and fined $5,000 for aggravated burglary. For theft of property under $500, Austin received eleven months and twenty-nine days to run concurrently with the burglary sentence. Austin presents three issues for our review: 1) whether the evidence is sufficient to sustain the convictions; 2) whether the trial judge erred in failing to submit "every word" of the charge to the jury in written form; and 3) whether the imposed sentence is excessive. Finding no error, the judgment of the trial court is affirmed. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/AUSTINTP_OPN.WP6 JAMES ROBERT BLEVINS vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN E. HERBISON JOHN KNOX WALKUP 2016 Eighth Avenue South Attorney General and Reporter Nashville, TN 37204 SANDY R. COPOUS Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 DAVID E. CROCKETT District Attorney General Rt. 19, Box 99 Johnson City, TN 37601 MICHAEL LaGUARDIA Asst District Attorney General Post Office Box 38 Jonesborough, TN 37659 Judge: CLARK First Paragraph: Appellant appeals as of right from the trial court's dismissal of his petition for post-conviction relief based on the running of the statute of limitations. Appellant contends that the ruling in State v. Rickman, 876 S.W.2d 824 (Tenn. 1994), clarifying the rule of when other uncharged instances of sexual conduct can be admitted into evidence, creates a new, retroactive constitutional rule that voids his conviction and sentence. He also asserts a denial of equal protection. We disagree and affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/BLEVINS_OPN.WP6 STATE OF TENNESSEE vs. JOHN WAYNE BLUE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: George Morton Googe John Knox Walkup District Public Defender Attorney General & Reporter 227 West Baltimore Street 500 Charlotte Avenue Jackson, TN 38301 Nashville, TN 37243-0497 (Appeal Only) Robin L. Harris Thomas T. Woodall Assistant Attorney General Attorney at Law 450 James Robertson Parkway 203 Murrell Street Nashville, TN 37243-0493 P.O. Box 1075 Dickson, TN 37056-1075 James G. Woodall (At Trial and of Counsel on Appeal District Attorney General P.O. Box 2825 Daniel J. Taylor Jackson, TN 38302 Assistant Public Defender 227 West Baltimore Street Donald W. Allen Jackson, TN 38301 Asst District Attorney General (Trial Only) P.O. Box 2825 Jackson, TN 38302 Judge: Jones First Paragraph: The appellant, John Wayne Blue (defendant), was convicted of aggravated robbery, a Class B felony, and aggravated burglary, a Class C felony, by a jury of his peers. The trial court found the defendant was a standard offender in the aggravated robbery case and imposed a Range I sentence of twelve (12) years confinement in the Department of Correction. In the aggravated burglary case, the trial court found the defendant was a multiple offender and imposed a Range II sentence of eight (8) years confinement in the Department of Correction. In this Court, the defendant contends the State of Tennessee failed to prove beyond a reasonable doubt the victim sustained "serious bodily injury" and the sentences imposed by the trial court were excessive. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues presented for review, it is the opinion of this Court the judgment of the trial court should be affirmed. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/BLUEJW_OPN.WP6 KETO BROWN vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DANE BLUE CHARLES W. BURSON 147 Jefferson Avenue Attorney General and Reporter Memphis, TN 38103 SARAH M. BRANCH W. MARK WARD Assistant Attorney General Assistant Public Defender 450 James Robertson Parkway 147 Jefferson Suite 900 Nashville, TN 37243 Memphis, TN 38103 WILLIAM L. GIBBONS District Attorney General JAMES M. LAMMEY Assistant District Attorney 201 Poplar Avenue, Third Floor Memphis, TN 38103 Judge: SMITH First Paragraph: Appellant Keto Brown pled guilty in the Shelby County Criminal Court to two counts of attempted second degree murder. As a Range I standard offender, he received an eight year sentence for each offense. The trial court ordered the sentences served concurrently, for an effective sentence of eight years in the Tennessee Department of Correction. In this appeal of the denial of a petition for post-conviction relief, Appellant presents the following issue: whether he received effective assistance of counsel. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/BROWNS_OPN.WP6 STATE OF TENNESSEE vs. GILBERTO R. CANTU, and JOHN P. SCOTT Court:TCCA Attorneys: FOR THE APPELLANTS: FOR THE APPELLEE: MARVIN E. BALLIN JOHN KNOX WALKUP Attorney At Law Attorney General & Reporter 200 Jefferson Avenue, Suite 1250 Memphis, TN 38103 JANIS L. TURNER Counsel for the State Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 JOHN W. PIEROTTI District Attorney General ALANDA HORNE Asst District Attorney General Shelby County District Attorney General's Office 201 Poplar Avenue, Third Floor Memphis, TN 38103 Judge: WITT First Paragraph: The appellants, Gilberto R. Cantu and John P. Scott, appeal the Shelby County Criminal Court's denial of judicial diversion and imposition of a split, partially suspended sentence. The appellants both pleaded guilty to possession of a controlled substance and requested judicial diversion, which was denied. The court below imposed identical sentences on the appellants of 14 months confinement, with all but 42 days suspended, and 2 years of probation and payment of fines. On review, we affirm both convictions, but we modify the sentence and the manner of service of the sentence of Gilberto R. Cantu, and we remand the case in order for the trial court to specify the conviction offenses with respect to each appellant. AFFIRMED and REMANDED - JOHN P. SCOTT AFFIRMED, AS MODIFIED and REMANDED - GILBERTO R. CANTU. URL:http://www.tba.org/tba_files/TCCA/CANTU_OPN.WP6 RICHARD DUANE CARROLL vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Gregory D. Smith John Knox Walkup One Public Square Attorney General and Reporter Suite 321 Clarksville, TN 37040 Clinton J. Morgan (On appeal) Assistant Attorney General 450 James Robertson Parkway William A. Dobson, Jr. Nashville, TN 37243-0493 Assistant Public Defender 701 Cherry Street Suite 300 William H. Cox, III Chattanooga, TN 37402 District Attorney General (At hearing) Leland Davis Assistant District Attorney 600 Market Street Suite 310 Chattanooga, TN 37402 Judge: Barker First Paragraph: The appellant, Richard Duane Carroll, appeals as of right the denial by the Hamilton County Criminal Court of his petition for post-conviction relief. Appellant's only issue on appeal is whether he received the effective assistance of counsel prior to entering his plea of guilty. Finding no merit to appellant's claims, we affirm the trial court's denial of relief. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/CARROLLR_OPN.WP6 STATE OF TENNESSEE vs. RICKEY COLEMAN Court:TCCA Attorneys: For Appellant: For Appellee: Shara Flacy Charles W. Burson District Public Defender Attorney General & Reporter John R. Wingo Karen M. Yacuzzo Assistant Public Defender Assistant Attorney General 128 North Second Street Criminal Justice Division P.O. Box 1208 450 James Robertson Parkway Pulaski, TN 38478 Nashville, TN 37243-0493 Mike Bottoms District Attorney General 252 N. Military Avenue Lawrenceburg, TN 38464 Richard Dunavant Asst. District Attorney General 10 Public Square P.O. Box 1619 Columbia, TN 38401 Judge: WADE First Paragraph: The defendant, Rickey Coleman, pled nolo contendere to 16 counts of forgery, 16 counts of passing worthless checks, 3 counts of theft, 3 counts of attempted forgery, and 1 count of assault. The plea agreement with the state provided for an effective eight-year sentence with the trial court to determine the manner of service. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/COLEMAN2_OPN.WP6
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