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STATE OF TENNESSEE vs. DAVID PAUL MARTIN Court:TSC Attorneys: For Appellant: For Appellee: Herbert S. Moncier John Knox Walkup Ann C. Short Attorney General & Reporter Knoxville, Tennessee Michael E. Moore Solicitor General Kathy Morante Deputy Attorney General Eugene J. Honea Assistant Attorney General Nashville, Tennessee At Trial: Randall E. Nichols District Attorney General Knoxville, Tennessee Robert Jolley Assistant District Attorney Knoxville, Tennessee Judge: ANDERSON First Paragraph: We granted review in this case to determine whether a court-ordered mental evaluation violated the defendant's right against self-incrimination and the right to counsel under the United States and Tennessee Constitutions. AFFIRMED. URL:http://www.tba.org/tba_files/TSC/MARTINDP_OPN.WP6 TERRI G. BOWERS vs. FREDERICK ALLAN BOWERS Court:TCA Attorneys: L. CAESAR STAIR, III, BERNSTEIN, STAIR & McADAMS, and ELIZABETH K.B. MEADOWS, SCHMID, JONES & MEADOWS, PLLC, Knoxville, for Plaintiff-Appellant. ROBERT R. SIMPSON and JAMES H. VARNER, JR., ESHBAUGH, SIMPSON AND VARNER, Knoxville, for Defendant-Appellee. Judge: Franks. First Paragraph: In this custody dispute, the Trial Judge granted custody of the parties' child to the father, and the mother has appealed. AFFIRMED AS MODIFIED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/BOWERST_OPN.WP6 CASEY LYNN BURGESS vs. BRENDA LEA (BURGESS) WELCH Court:TCA Attorneys: PROCTOR UPCHURCH OF CROSSVILLE FOR APPELLANT BRETT A. YORK and CYNTHIA S. LYONS OF CROSSVILLE FOR APPELLEE Judge: Goddard First Paragraph: By this appeal Casey Lynn Burgess insists that the Trial Court was in error in dismissing his petition for change of custody of his two children, custody of whom by the divorce decree was awarded to Ms. Welch. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/BURGESSC_OPN.WP6 AEYON CHO vs. DAE-YOUNG JEONG Court:TCA Attorneys: For Appellant For Appellee JAMES M. CRAIN JEAN MUNROE Knoxville, Tennessee Knoxville, Tennessee LAURA RULE HENDRICKS Eldridge, Irvine & Hendricks Knoxville, Tennessee Judge: Susano First Paragraph: We granted the application of Dae-Young Jeong (Husband) for an interlocutory appeal pursuant to Rule 9, T.R.A.P., to consider whether the trial court has subject matter jurisdiction to grant his wife, the plaintiff Aeyon Cho (Wife), an absolute divorce. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/CHO_OPN.WP6 WHITNEY LEIGH DAVIDSON, minor child, by next friend, ROZAN DAVIDSON vs. DONNA WRIGHT, ET AL Court:TCA Attorneys: William A. (Bill) Davidson, Knoxville, for Appellants. Catherine F. Quist, Knoxville, for Appellees. Judge: INMAN First Paragraph: The Knox County Board of Education adopted a policy against the possession of weapons on school campuses for the school year beginning in September 1995. Whitney Leigh Davidson was provided a copy of the West High School Handbook which explained the policy and the consequences of its violation. On January 23, 1996, while a junior at West High School, she was suspended for a violation of the policy. Following a series of administrative hearings the Board of Education held a plenary hearing and upheld the decision to expel Ms Davidson for one year. Judicial review resulted in a finding that the Board had not acted arbitrarily, illegally or beyond its jurisdiction in expelling Ms. Davidson. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/DAVIDSON_COA.WP6 MABEL DONNELLY vs. ROBERT E. WALTER, M.D. and HERMITAGE NURSING HOME Court:TCA Attorneys: For Appellant For Appellee Walter BOB McDANIEL GREEN CHARLES T. HERNDON, IV Johnson City, Tennessee Herndon, Coleman, Brading & McKee Johnson City, Tennessee For Appellee Hermitage Nursing Home N.R. COLEMAN, JR. DANIEL D. COUGHLIN Milligan & Coleman Greeneville, Tennessee Judge: Susano First Paragraph: Plaintiff Mabel Donnelly (Donnelly) appealed the trial court's denial of her motion to reconsider a grant of summary judgment to the defendants Dr. Robert E. Walter (Dr. Walter) and Hermitage Nursing Home (Hermitage). She presents for our review the question of whether the denial of her motion to reconsider was an abuse of the trial court's discretion. For their part, the defendants contend that Donnelly's appeal should be dismissed because of her failure to serve a copy of the notice of appeal on the clerk of this court. We affirm. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/DONNELLY_OPN.WP6 FAIRVIEW LIMITED, d/b/a Fairview Apartments vs. PINKIE DANIEL Court:TCA Attorneys: Paul E. Drozdowski, Oak Ridge, for Appellant. Harold P. Cousins, Buxton Law Office, Oak Ridge, for Appellee. Judge: INMAN First Paragraph: The appellant was evicted from her apartment for a violation of the lease and applicable statutory law, and she appeals. AFFIRMED. URL:http://www.tba.org/tba_files/TCA/FAIRVIEW_COA.WP6 RICHARD GAUSE d/b/a ROOFWORKS OF TENNESSEE vs. JANICE COLE d/b/a RIVERSIDE SHOP and JERRY OGLE Court:TCA Attorneys: ROBERT L. OGLE, JR., Sevierville for Appellant. JEFF D. RADER, Ogle, Wynn & Rader, Sevierville, for Appellees. Judge: McMurray First Paragraph: This case originated as an action to enforce a lien for work and materials pursuant to T.C.A. S 66-11-126. The plaintiff alleged that he had furnished equipment, labor and materials which were used for improvements on the property which the defendant, Cole occupied as lessee and the defendant, Ogle, was an owner. The defendant, Ogle, filed an answer, generally stated that he owned an interest in the subject property but was without sufficient knowledge or information to form a belief as to the truth of the allegations set forth in the complaint. AFFIRMED IN PART, VACATED IN PART, AND REMANDED. URL:http://www.tba.org/tba_files/TCA/GAUSE_OPN.WP6 W. DALE GORDON vs. ROBBYN GORDON Court:TCA Attorneys: KEVEN W. SHEPHERD, Maryville, for Appellant. CHARLIE ALLEN, Oneida, for Appellee. Judge: McMurray First Paragraph: This is a divorce case that comes to us in an unusual posture. The Husband filed his original complaint on April 3, 1996. No answer was filed by the Wife. A marital dissolution agreement was filed on June 12, 1996. The marital dissolution agreement provided for the division of the parties' property and further contained the following provision: The parties agree that they are equally responsible for the breakdown of the marriage and respectfully request the court to declare them divorced rather than awarding a divorce to either party alone. JUDGMENT VACATED; REMANDED TO THE TRIAL COURT. URL:http://www.tba.org/tba_files/TCA/GORDON_OPN.WP6 DEBORAH HENDRIX vs. FIRST TENNESSEE NATIONAL CORPORATION d/b/a FIRST TENNESSEE BANK Court:TCA Attorneys: James S. Pate, Erwin, for Appellant. Steven C. Rose, West & Rose, Kingsport, for Appellee. Judge: INMAN First Paragraph: This action for damages for defamation and outrageous conduct was dismissed on motion for summary judgment. The plaintiff presents the propriety of the dismissal for appellate review, which is de novo on the record with no presumption of correctness. Johnson v. EMPE, Inc., 837 S.W.2d 62, 68 (Tenn. App. 1992). AFFIRMED. URL:http://www.tba.org/tba_files/TCA/HENDRIX_OPN.WP6 GLADSTONE RALPH HOBBS vs. MOLLIE JANE HOBBS Court:TCA Attorneys: KENNETH CLARK HOOD, Rogers, Laughlin, Nunnally, Hood & Crum, P.C., Greeneville, for Appellant. ROGER A. WOOLSEY, Greeneville, for Appellee. Judge: McMurray First Paragraph: This is a divorce action. The defendant (wife) asserts on this appeal, among other things, that the trial court abused its discretion in denying a continuance of the trial. The record reflects that there was a great deal of confusion as to the way and manner the case was set for trial because of the resignation of the former Circuit Judge. The wife's counsel claims to have had no notice of the trial date until the day the case was set for trial. On that date, he applied to the court for a continuance. The court continued the case until the following morning at 7:00 a.m. Prior to the trial, the court allowed the wife's attorney to make a motion for a continuance on the record, with a written motion, to be filed as exhibit No. 1. Counsel's affidavit supporting the motion for a continuance was allowed to be filed as exhibit 2. REVERSED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/HOBBS_OPN.WP6 KEITH HARDWARE, INC. vs. DOUGLAS L. WHITE and wife, CAROLYN L. WHITE Court:TCA Attorneys: M. STANLEY GIVENS, ANDERSON, FUGATE, GIVENS, COUNTS & BELISLE, Johnson City, for Plaintiff-Appellant. JOHN S. TAYLOR, McKINNON, FOWLER, FOX & TAYLOR, Johnson City, for Defendants-Appellees. Judge: Franks First Paragraph: The issue on this interlocutory appeal granted pursuant to T.R.A.P. Rule 9, is whether the lease between the parties is too broad to be enforceable, as was held by the Trial Court. REMANDED. URL:http://www.tba.org/tba_files/TCA/KEITHH_OPN.WP6 CORBIN DALE MEADOR vs. LINDA J. MEADOR Court:TCA Attorneys: LAWRENCE WILSON OF NASHVILLE FOR APPELLANT CHARLES D. PATY OF CHATTANOOGA FOR APPELLEE Judge: Goddard First Paragraph: The controversy presently on appeal attacks a judgment entered in a post-divorce petition for contempt, wherein Linda J. Meador seeks to recover property she contends was awarded her in the divorce decree and to find her former husband, Corbin Dale Meador in contempt of court for refusing to deliver the property to her. VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/MEADORC_OPN.WP6 ANTHONY W. NANCE, and BRANDON NANCE vs. CHRISTOPHER H. STRUNK Court:TCA Attorneys: VIC PRYOR, BASISTA, PRYOR & BALLOFF, Jacksboro, for Plaintiffs Appellants. DANIEL M. GASS, O'NEIL, PARKER & WILLIAMSON, Knoxville, for Defendant-Appellee. DENNIS L. BABB and VONDA M. LAUGHLIN, BUTLER, VINES & BABB, Knoxville, for Defendant-Appellee, Guaranty National Insurance Company. Judge: Franks First Paragraph: In this action arising from a motor vehicle accident, the defendants were granted summary judgment and plaintiffs have appealed. AFFIRMED IN PART, REVERSED IN PART, AND REMANDED. URL:http://www.tba.org/tba_files/TCA/NANCEA_OPN.WP6 FIRST TENNESSEE BANK, NATIONAL ASSOCIATION vs. JESSE O. QUILLIAN Court:TCA Attorneys: RICHARD A. FISHER, Logan, Thompson, Miller, Bilbo, Thompson & Fisher, P.C., Cleveland, for Appellant. THOMAS L. N. KNIGHT, Grisham, Knight & Hooper, Chattanooga, for Appellee. Judge: McMurray First Paragraph: This case originated as an action to collect monies due under the terms of a promissory note executed by the defendant to the plaintiff First Tennessee Bank, National Association. An answer was filed by the defendant admitting the execution of the note and that there was an outstanding balance thereon. He also filed a counterclaim in which he sought a setoff and damages for forged checks drawn on his account and paid by the bank. The trial court on motion of the plaintiff, entered a summary judgment against the defendant on the original complaint and dismissed the counterclaim. A judgment in the amount of $34,399.24 was entered against the defendant. This appeal resulted. We affirm the judgment of the trial court. AFFIRMED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/QUILLIAN_OPN.WP6 JORGE ARIEL SANJINES, M.D. vs. ORTWEIN AND ASSOCIATES, P.C., WILLIAM H. ORTWEIN, J. CRIS HELTON, AND JOHN R. MORGAN Court:TCA Attorneys: J. ARIEL SANJINES, M.D., pro se. E. BLAKE MOORE, SPEARS, MOORE, REBMAN & WILLIAMS, Chattanooga, for Defendant-Appellee, John R. Morgan. SAMUEL R. ANDERSON and SHANE USARY, LUTHER-ANDERSON, PLLP, Chattanooga, for Defendants-Appellees, Ortwein & Associates, P.C., William H. Ortwein, and J. Cris Helton. Judge: Franks First Paragraph: Plaintiff, incarcerated in prison, brought this action against his attorneys for alleged malpractice in representing him in the charges brought against him for criminal conduct. VACATED AND REMANDED. URL:http://www.tba.org/tba_files/TCA/sanjines_OPN.WP6 STATE OF TENNESSEE vs. CORBY MARTIN BLOUVET, II Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A. PHILIP LOMONACO JOHN KNOX WALKUP 112 Durwood Dr. Attorney General & Reporter Knoxville, TN 37922 ELIZABETH T. RYAN Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 RANDALL E. NICHOLS District Attorney General ROBERT L. JOLLEY, JR. Asst. District Attorney General City-County Bldg. Knoxville, TN 37902 Judge: PEAY First Paragraph: The defendant was indicted by presentment in May of 1991 on numerous charges related to a spree of robberies and other crimes. After a day of trial, the defendant decided to enter a plea of guilty. He was convicted of nine counts of aggravated robbery, two counts of attempted aggravated robbery, and three counts of aggravated kidnapping. Following a hearing, the defendant was sentenced. On appeal, the defendant questioned the appropriateness of his sentence and sought to raise a certified question. This Court and ultimately the Tennessee Supreme Court determined that the trial court improperly sentenced the defendant and remanded the case for re-sentencing. This Court also determined that while the defendant did not properly certify his question on appeal, he could attempt to do so upon completion of the re-sentencing. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/BLOUVECM_OPN.WP6 STATE OF TENNESSEE vs. RANDLE DAVIS Court:TCCA Attorneys: For the Appellant: For the Appellee: THOMAS T. WOODALL CHARLES W. BURSON 203 Murrell Street Attorney General and Reporter Dickson, TN 37056-1075 ROBIN L. HARRIS (ON APPEAL ONLY) Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway GARY F. ANTRICAN Nashville, TN 37243 0493 District Public Defender P. O. Box 700 Somerville, TN 38068 ELIZABETH T. RICE District Attorney General (AT TRIAL AND OF COUNSEL ON APPEAL) ED NEAL McDANIEL Asst. District Attorney General 300 Industrial Drive Selmer, TN 38375 Judge: Hayes First Paragraph: The appellant, Randle Davis, was convicted by a McNairy County jury of delivery of a Schedule II controlled substance, a class C felony. Tenn. Code Ann. S 39-17-417 (a)(2) and (c)(2) (1993 Supp.). The trial court sentenced the appellant as a standard, range I offender to forty months incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence underlying his conviction, asserts that his sentence is excessive, and contends that the trial court erred in denying him an alternative sentence. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/DAVISS_OPN.WP6 KENNY FOWLER vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Kenny Wayne Fowler Charles W. Burson Pro Se Attorney General & Reporter Reg. No. 13575-076 F.C.I. Memphis M. Allison Thompson P. O. Box 34550 (Beale-B) Counsel for the State Memphis, TN 38184-0550 450 James Robertson Parkway Nashville, TN 37243-0493 C. Phillip Bivens District Attorney General P.O. Drawer D Dyersburg, TN 38024 Judge: Jones First Paragraph: The petitioner, Kenneth Wayne Fowler, appeals the trial court's denial of his petition for post-conviction relief. There was no evidentiary hearing. The single issue presented for review is whether the petition was barred by the statute of limitations. We affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/FOWLERK_OPN.WP6 STATE OF TENNESSEE vs. CHARLES DANIEL GRAY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARK E. STEPHENS JOHN KNOX WALKUP Public Defender Attorney General & Reporter LESLIE NASSIOS ROBIN L. HARRIS Asst. Public Defender Asst. Attorney General 1209 Euclid Ave. 450 James Robertson Pkwy. Knoxville, TN 37921 Nashville, TN 37243-0493 RANDALL E. NICHOLS District Attorney General ROBERT L. JOLLEY, JR. Asst. District Attorney General City-County Bldg. Knoxville, TN 37902 Judge: PEAY First Paragraph: The defendant was indicted on September 21, 1994, for the second degree murder of Shirlene Miller. After five days of trial, a jury convicted him of the indicted offense. A sentencing hearing was held, and the defendant was sentenced to twenty-five years in the Tennessee Department of Correction. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/GRAYCD_OPN.WP6 STATE OF TENNESSEE vs. JOSHUA McDANIEL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RANDY G. ROGERS JOHN KNOX WALKUP P. O. Box 507 Attorney General and Reporter Athens, TN 37371-0507 MICHAEL J. FAHEY, II Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 JERRY N. ESTES District Attorney General SANDRA DONAGHY Asst District Attorney General Post Office Box 647 Athens, TN 37303-0647 Judge: CLARK First Paragraph: Defendant appeals as of right from his conviction for second degree murder. He raises three issues on review: (1) whether his case was properly transferred from juvenile court to criminal court for trial; (2) whether the proof is sufficient to support the jury's rejection of his insanity plea; and (3) whether the trial judge erred in imposing sentence. We affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/MCDANIEL_OPN.WP6
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