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KENNETH McDANIEL vs. CSX TRANSPORTATION, INC. Court:TSC First Paragraph: The defendant has filed a petition for rehearing of this appeal pursuant to Tenn. R. App. P. 39. We have considered all of the arguments raised in the petition and have found them to be without merit. URL:http://www.tba.org/tba_files/TSC/mcdancsx_ord.WP6 FAIRLY HUBBARD ADELSPERGER vs. DAVID ROBERT ADELSPERGER Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: Jon S. Jablonski Daryl M. South Nashville, Tennessee Kidwell & South Murfreesboro, Tennessee Judge:KOCH First Paragraph: This appeal presents a custody and visitation dispute. The parties were declared divorced in the Chancery Court for Rutherford County, and the wife received sole custody of the parties' three minor children. Six months later, the wife moved to Mississippi, and the father petitioned for a change of custody. Following a bench trial, the trial court granted the father custody of the children after concluding that there had been a material change of circumstances and that placing the children in the father's custody would be in their best interests. The mother asserts on this appeal that the evidence does not support the trial court's decision. We agree and, therefore, reverse the judgment. URL:http://www.tba.org/tba_files/TCA/adelsfh_opn.WP6 AMERICAN COLOR SULLIVAN GRAPHICS, INC. vs. INNOVO, INC. Court:TCA Attorneys: Patrick Johnson Cavalier Building, Suite 508 95 White Bridge Road Nashville, TN 37205 ATTORNEY FOR PLAINTIFF/APPELLEE Lisa M. Sherrill 509 West Court Square Springfield, TN 37172 ATTORNEY FOR DEFENDANT/APPELLANT Judge:TODD First Paragraph: The defendant, Innovo, Inc., has appealed from a non jury judgment, in the amount of $58,856.26, in favor of the plaintiff, American Color, a division of Sullivan Graphics, Inc., for merchandise sold and services rendered to the defendant. URL:http://www.tba.org/tba_files/TCA/amercol_opn.WP6 URL:http://www.tba.org/tba_files/TCA/americac_con.WP6 IN RE: CHAD ALAN ANDOLINO CHARLES ALAN MIX and LORENA MAY MIX vs. ROBERT BARTON Court:TCA Attorneys: THOMAS F. BLOOM Nashville, Tennessee Attorney for Appellants LEW CONNER LARRY H. HAYES, JR. BOULT, CUMMINGS, CONNERS & BERRY, PLC Nashville, Tennessee Attorney for Appellee Judge:HIGHERS First Paragraph: This case presents for review the decision of the Chancery Court of Decatur County finding that the Defendant, Robert Barton ("Father") did not abandon his son, Chad Andolino ("Son") and, therefore, dismissing Plaintiffs', Charles and Lorena Mix ("Mixes"), petition for adoption. The Mixes appealed. For reasons stated hereinafter, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/andolino_opn.WP6 SANDRA K. BAKER (ABROMS) vs. STATE OF TENNESSEE, ex rel, GARY D. BAKER Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: James G. Martin John Knox Walkup G.A. Puryear, IV Attorney General and Reporter FARRIS, WARFIELD & KANADAY Nashville, Tennessee James H. Tucker, Jr. Assistant Attorney General Judge:KOCH First Paragraph: This appeal involves a trial court's discretion not to employ the mechanisms in Title IV-D for the payment and collection of child support. In a post-divorce proceeding seeking changes in visitation and child support arrangements, the Circuit Court for Davidson County declined to order the obligor parent to execute a wage assignment or to pay child support through the trial court clerk. On this appeal, the Attorney General and Reporter, on behalf of the Title IV-D contractor who represented the custodial parent, asserts that the trial court was statutorily required to direct the non-custodial parent to pay child support through the trial court clerk. We agree. Even though requiring the child support to be paid through the trial court clerk will, in this case, extract an unnecessary five percent penalty from the non-custodial spouse, paying child support through the trial court clerk is statutorily required in Title IV-D proceedings. URL:http://www.tba.org/tba_files/TCA/bakersk_opn.WP6 RONNIE BRADFIELD vs. BILLY COMPTON, et al Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendants/Appellees: Ronnie Bradfield, Pro Se John Knox Walkup Tiptonville, Tennessee Jeffrey L. Hill Nashville, Tennessee Judge:LILLARD First Paragraph: This case involves a claim under 42 U.S.C.A. S 1983, filed by a state prisoner against employees of the Tennessee Department of Corrections. One defendant is a physician employed by Department. Plaintiff appeals the dismissal of his claims against all defendants. We affirm. URL:http://www.tba.org/tba_files/TCA/bradfier_opn.WP6 JERRY RAY BROWN vs. PHILLIP L. DAVIDSON Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: Jerry Ray Brown, Pro Se James L. Harris Clarksville, Tennessee Nashville, Tennessee Judge:LILLARD First Paragraph: This is a legal malpractice action. The trial court dismissed the action as time-barred by the applicable statute of limitations. We affirm. URL:http://www.tba.org/tba_files/TCA/brownjer_opn.WP6 ANNETTE DUBOSE vs. DEBBIE RAMEY Court:TCA Attorneys: THOMAS K. McALEXANDER HILL BOREN, P.C. Jackson, Tennessee Attorney for Appellant JONATHAN O. STEEN SPRAGINS, BARNETT, COBB & BUTLER Jackson, Tennessee Attorney for Appellee Judge:HIGHERS First Paragraph: Plaintiff/Appellant, Annette Dubose ("Dubose"), appeals the judgment of the trial court denying her motion for a new trial and specifically finding that the jury verdict and the judgment previously entered in this case were proper and correct. For reasons hereinafter stated, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/dubosea_opn.WP6 ALEXANDER FRIEDMANN vs. CHARLES BASS, et al. Court:TCA Judge:TODD First Paragraph: Alexander Friedmann's petition for rehearing is respectfully denied. URL:http://www.tba.org/tba_files/TCA/friedman_reh.WP6 WILLIAM W. GOAD, JR. vs. ALPHONSE PASIPANODYA, M.D., MEHARRY HUBBARD HOSPITAL, FRANK THOMAS, M.D., and LARRY WOODLEE Court:TCA Attorneys: For the Plaintiff/Appellant: For Meharry Hubbard Hospital: William W. Goad, Jr., Thomas A. Wiseman, III Pro Se John T. Reese Nashville, Tennessee For Larry Woodlee: Cyrus L. Booker Carla G. Fox Nashville, Tennessee Judge:KOCH First Paragraph: This appeal involves a prisoner's medical malpractice suit stemming from the repair of an epigastric hernia. The prisoner filed a pro se complaint against the surgeon who had performed the surgery, the hospital where the surgery was performed, and a physician and physician's assistant employed by the prison. The Circuit Court for Davidson County first granted the motion for summary judgment filed by the physician's assistant and later granted the summary judgment motion filed by the hospital. The prisoner appealed from the order summarily dismissing his claims against the hospital. We have determined that the prisoner's appeal must be dismissed because he has not complied with the mandatory requirements of Tenn. R. App. P. 3(f) and 4(a). URL:http://www.tba.org/tba_files/TCA/goadww_opn.WP6 JERRY HAMMOCK and wife RUBY HAMMOCK, et al. vs. SUMNER COUNTY, TENNESSEE Court:TCA Attorneys: For the Plaintiffs/Appellants: For the Defendant/Appellee: B. Keith Williams John Knox Walkup Taylor, Taylor, Lannom & Williams Attorney General and Reporter Lebanon, Tennessee Wendell C. Dawson Assistant Attorney General Judge:KOCH First Paragraph: This interlocutory appeal involves the right of a party to discover the appraisal report of a testifying expert in a condemnation case. The Circuit Court for Sumner County denied the property owners' request for the appraisal report in order to prepare to depose the appraiser on the grounds that the report is "privileged, as work porduct [sic]" but granted the property owners permission to apply for an interlocutory appeal pursuant to Tenn. R. App. P. 9. We concur that an interlocutory appeal will prevent needless, expensive, and protracted litigation in this case. Because the application and the response thereto fully set forth the parties' positions and the material facts, we dispense with further briefing and oral argument and proceed to the merits in order to save the parties additional time and expense. We vacate the trial court's order and remand the case with instructions to enter an order compelling the production of the testifying appraiser's reports. URL:http://www.tba.org/tba_files/TCA/hammockj_opn.WP6 JONI SMART HOLT vs. JACK SANDERS HOLT Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: Rose Palermo Mary Arline Evans Nashville, Tennessee Nashville, Tennessee Judge:KOCH First Paragraph: This appeal involves the dissolution of a nineteen-year marriage. The wife filed suit for divorce in the Chancery Court for Sumner County but then suspended the proceedings while the parties attempted to reconcile. The efforts proved fruitless, and, following a bench trial, the trial court granted the wife a divorce on the grounds of adultery. The trial court also awarded the wife custody of the parties' two children, divided the marital estate, and awarded the wife spousal support as well as additional funds for her legal expenses. The husband takes issue on this appeal with the financial aspects of the divorce decree, including the division of the marital property, the long-term spousal support award, and the additional award to defray the wife's legal expenses at trial. While the trial court properly divided the marital property and awarded the wife funds for her legal expenses at trial, we modify the spousal support award to provide for rehabilitative alimony and for reduced long-term spousal support. URL:http://www.tba.org/tba_files/TCA/holtjs_opn.WP6 REIKO McCULLOUGH vs. WHITFORD B. McCULLOUGH Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: Joseph L. Lackey, Jr. David H. Hornik Nashville, Tennessee Nashville, Tennessee Judge:LILLARD First Paragraph: This case involves a petition for the modification of alimony payments. The ex-husband appeals the trial court's denial of his petition to reduce his alimony obligations to his ex-wife. We affirm. URL:http://www.tba.org/tba_files/TCA/mccullor_opn.WP6 PHILLIP GENE McDOWELL vs. ROBERTA GRISSOM BOYD, Individually and as Administratrix of the Estate of David Carah Boyd, Deceased Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: David R. Swafford Howard L. Upchurch Pikeville, Tennessee Pikeville, Tennessee Judge:KOCH First Paragraph: This appeal involves a posthumous paternity dispute. While the decedent's estate was pending in probate court, a person claiming to be the decedent's son filed a petition in the Chancery Court for Van Buren County against the decedent's estate and his widow seeking to establish the petitioner's right to inherit part of the decedent's estate. The trial court heard the evidence without a jury and determined that the petitioner had presented clear and convincing evidence that he was the decedent's biological son. The decedent's wife asserts on this appeal that the evidence does not support the trial court's conclusion. We affirm the judgment. URL:http://www.tba.org/tba_files/TCA/mcdowlpg_opn.WP6 DEBORAH JOANNE CUPPLES PLUNK vs. EDWARD LEE PLUNK Court:TCA Attorneys: Michael B. McWherter, SPRAGINS, BARNETT, COBB & BUTLER, Jackson, Tennessee Attorney for Plaintiff/Appellant. Harold F. Johnson, Jackson, Tennessee Attorney for Defendant/Appellee. Judge:FARMER First Paragraph: Plaintiff Deborah Joanne Cupples Plunk (Wife) appeals the final divorce decree entered by the trial court which awarded custody of the parties' two children to the Wife, ordered Defendant/Appellee Edward Lee Plunk (Husband) to pay child support and rehabilitative alimony to the Wife, and distributed the parties' real and personal property. We affirm. URL:http://www.tba.org/tba_files/TCA/plunkdj_opn.WP6 ELLA FRANCES PRUETT vs. WAL-MART STORES, INC. Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: Hite McLean, Jr. Charles H. Barnett, III Memphis, Tennessee Justin S. Gilbert Jackson, Tennessee Judge:LILLARD First Paragraph: This is an employment discrimination case. The plaintiff, an employee of a department store, developed problems with her feet and was unable to stand or walk for long periods. She contends that the defendant store refused to assign her to a position answering the telephone, alleging discrimination on the basis of age and disability, as well as an intent to take away her medical insurance benefits. The trial court granted summary judgment to the employer. We affirm in part, reverse in part, and remand. URL:http://www.tba.org/tba_files/TCA/pruettef_opn.WP6 GINGER C. SNEAD and JAMES D. SNEAD vs. LOIS V. METTS Court:TCA Attorneys: Steve C. Norris, Nashville, Tennessee Attorney for Plaintiffs/Appellants. John L. Norris, HOLLINS, WAGSTER & YARBROUGH, Nashville, Tennessee Attorney for Defendant/Appellee. Judge:FARMER First Paragraph: The plaintiffs, Ginger C. Snead and James D. Snead, sued the defendant, Lois A. Metts as a result of a vehicular accident which occurred on July 22, 1994. It is undisputed that the car driven by Ms. Metts struck the car driven by Ms. Snead in the rear while the Snead vehicle was stopped at a stop sign. Ms. Snead sued for injuries and damages and Mr. Snead sued for loss of consortium. URL:http://www.tba.org/tba_files/TCA/sneadgc_opn.WP6 FREDRIKA A. STEINER vs. THE PARMAN CORPORATION Court:TCA Attorneys: Ben C. Fordham, #6408 HARWELL HOWARD HYNE GABBERT & MANNER, P.C. 1800 First American Center 315 Deaderick Street Nashville, TN 37238 ATTORNEY FOR PLAINTIFF/APPELLANT Glen L. Krause, #12691 BREWER, KRAUSE, BROOKS & MILLS Suite 2600, The Tower 611 Commerce Street Nashville, TN 37203 ATTORNEY FOR DEFENDANT/APPELLEE Judge:TODD First Paragraph: The plaintiff, Fredrika A. Steiner, has appealed from the summary dismissal of her suit against the defendant, The Parman Corporation, for damages for personal injury sustained in a fall on the premises of defendant. URL:http://www.tba.org/tba_files/TCA/steinerf_opn.WP6 URL:http://www.tba.org/tba_files/TCA/steiner_con.WP6 CINDY L. STUBBS vs. WOODROW W. STUBBS, III Court:TCA Attorneys: STEPHEN C. CROFFORD Nashville, Tennessee Attorney for Appellant BRUCE MOSS CONLEY CAMPBELL MOSS SMITH Union City, Tennessee Attorney for Appellee Judge:HIGHERS First Paragraph: Plaintiff, Woodrow Wilson Stubbs III ("Father"), appeals the trial court's order in favor of Cindy Stubbs ("Mother") dismissing his petition to change custody. For reasons hereinafter stated, we affirm the trial court's judgment and remand to the trial court for a determination of the amount of attorney's fees to award Mother as necessitated by this appeal. URL:http://www.tba.org/tba_files/TCA/stubbscl_opn.WP6 ANTONIO SWEATT vs. ROBERT CONLEY, Warden, WILLIAM CALHOUN, Unit Manager, DALE BASHAM, Inmate Relations Coordinator, SHELIA ROBERTS, Counsel, HATTIE MOORE, Inmate Relations Coordinator, EDNA FREEMAN, Health Administrator, DR. HAROLD BUTLER, Medical Physician Court:TCA Attorneys: MR. ANTONIO SWEATT, PRO SE TDOC #143176 L.C.R.C.F. Rt. #1, Box #330 Tiptonville, Tennessee 38079 JOHN KNOX WALKUP Attorney General & Reporter ABIGAIL TURNER Assistant Attorney General Civil Rights & Claims Division 2nd Floor Cordell Hull Building 425 Fifth Avenue North Nashville, Tennessee 37243-0488 ATTORNEY FOR RESPONDENTS/APPELLEES, ROBERT CONLEY, WILLIAM CALHOUN, DALE BASHAM, SHELIA ROBERTS, HATTIE MOORE, AND EDNA FREEMAN C. HAYES COONEY Watkins, McGugin, McNeilly & Rowan, P.L.L.C. 214 2nd Avenue North, Suite 300 Nashville, Tennessee 37201-1638 ATTORNEY FOR RESPONDENT/APPELLEE, DR. HAROLD BUTLER Judge:LEWIS First Paragraph: This is an appeal by petitioner/appellant, Antonio Sweatt, from an order of the Davidson County Chancery Court dismissing Appellant's petition against respondents/appellees Robert Conley, William Calhoun, Dale Basham, Shelia Roberts, Hattie Moore, Edna Freeman, and Dr. Harold Butler. The chancery court dismissed Appellant's petition with prejudice after determining Appellant failed to state a claim upon which relief could be granted. URL:http://www.tba.org/tba_files/TCA/SWEATTA_OPN.WP6 STATE OF TENNESSEE o/b/o JUANITA WHITEHEAD vs. MATTIE (WHITEHEAD) THOMPSON Court:TCA Attorneys: For Plaintiff/Appellee: For Defendant/Appellant: John Knox Walkup David Kozlowski Attorney General and Reporter Columbia, Tennessee James H. Tucker, Jr. Assistant Attorney General Judge:KOCH First Paragraph: This appeal involves a trial court's authority to enter and enforce a child support award when proceedings involving the child were already pending in another court. After the Wayne County Juvenile Court gave custody of the child to the State in a dependent and neglect proceeding, the Department of Human Services filed separate petitions in the Chancery Court for Wayne County seeking to require the child's divorced parents to pay child support. The trial court directed both parents to pay child support to the State. After the State's repeated efforts over five years to require the mother to pay child support, she questioned the trial court's subject matter jurisdiction because the dependent and neglect proceeding was still pending in the juvenile court. The trial court denied the mother's motion to dismiss, and on this appeal, the mother renews her claim that the trial court should have deferred to the juvenile court. We agree and, therefore, reverse the order denying the mother's motion to dismiss. URL:http://www.tba.org/tba_files/TCA/whitehdj_opn.WP6 AARON WARNER BOLTON vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: William C. Barnes, Jr. Charles W. Burson P.O. Box 552 Attorney General of Tennessee Columbia, TN 38402 and Amy L. Tarkington Asst Attorney General of Tennessee 450 James Robertson Parkway Nashville, TN 37243-0493 T. Michael Bottoms District Attorney General P.O. Box 1619 Columbia, TN 34802 Judge:Tipton First Paragraph: The petitioner, Aaron Warner Bolton, appeals as of right from the Maury County Circuit Court's denial of his petition for post-conviction relief. He is presently serving an effective sentence of sixty-six years in the custody of the Department of Correction for various convictions involving drug felonies, possession of counterfeit money, and keeping a gambling room or table. He contends that his convictions and sentences result from the ineffective assistance of counsel. We disagree. URL:http://www.tba.org/tba_files/TCCA/boltonaw_opn.WP6 RODNEY CAROTHERS vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RODNEY CAROTHERS, pro se JOHN KNOX WALKUP #223901, SCCF/CCA Attorney General & Reporter P.O. Box 279 Clifton, TN 38425 ELLEN H. POLLACK Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 VICTOR S. JOHNSON, III District Attorney General NICK BAILEY Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue South Nashville, TN 37201 Judge:WOODALL First Paragraph: The Petitioner, Rodney Carothers, appeals the order of the Davidson County Criminal Court dismissing his pro se petition for post-conviction relief. The trial court found that the petition was filed outside the statute of limitations. In this appeal, Petitioner raises numerous issues which can collectively be summarized as challenging the trial court's ruling that his petition for post conviction relief is time-barred. After a review of the record, we affirm the trial court's denial of post-conviction relief. URL:http://www.tba.org/tba_files/TCCA/carthrsr_opn.WP6 STATE OF TENNESSEE vs. PAM COSTA Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHARLES R. RAY JOHN KNOX WALKUP Ray and Housch Attorney General and Reporter 211 Third Avenue North Nashville, TN 37219 REBECCA LYFORD Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 VICTOR S. JOHNSON District Attorney General LILA STATOM Assistant District Attorney 222 Second Avenue North Nashville, TN 37201-1649 Judge:SMITH First Paragraph: Appellant Pam Costa appeals as of right from a June 23, 1995 order denying her Motion to Modify Sentence. On April 11, 1994, Appellant pled guilty to rape of a minor and received a twelve year sentence. At the second evidentiary hearing on Appellant's motion, counsel for Appellant requested that he be allowed to make an offer of proof. The presiding judge denied counsel's request. The issue presented by Appellant is whether the trial court erred in denying Appellant's request to make an offer of proof. URL:http://www.tba.org/tba_files/TCCA/costapam_opn.WP6 STATE OF TENNESSEE vs. JAMES OLIVER GRAYLESS Court:TCCA Attorneys: FOR THE APPELLANT: Kenneth L. Miller Attorney at Law 30 Second Street, N.W. Post Office Box 191 Cleveland, Tn. 37364-0191 FOR THE APPELLEE: Charles W. Burson Attorney General and Hunt S. Brown Assistant Attorney General 450 James Robertson Parkway Nashville, Tn. 37243 Jerry N. Estes District Attorney General and Joe A. Reyhansky Assistant District Attorney P.O. Box 1351 Cleveland, Tn. 37364-1351 Judge:LEE First Paragraph: The defendant, James Oliver Grayless, entered a guilty plea in the Criminal Court of Bradley County for Driving Under the Influence Second Offense. He received a sentence of eleven months and twenty-nine days with forty five days to serve and was placed on probation for the balance of his sentence. In addition to this he was ordered to pay a five hundred dollar fine. The defendant appeals as of right upon a certified question of search and seizure law that is dispositive of his case. See T.R.A.P. 3(b); Tenn. R. Crim. P. 37(b). URL:http://www.tba.org/tba_files/TCCA/grayless_wpd.WP6 STATE OF TENNESSEE vs. JOSEPH PATTERSON Court:TCCA Attorneys: For Appellant: For Appellee: Michael R. Jones Charles W. Burson Public Defender Attorney General and Reporter Nineteenth District 110 Sixth Avenue, West Daryl J. Brand Springfield, TN 37172 Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Dent Morriss Asst District Attorney General 500 South Main Street Springfield, TN 37172 Judge:WADE First Paragraph: The defendant, Joseph Patterson, entered pleas of guilt to three counts of passing a forged instrument. The trial court imposed Range III, four-year sentences on each count, all of which are to be served concurrently in the Department of Correction. At the time of sentencing, the defendant had approximately eight months in jail credits. URL:http://www.tba.org/tba_files/TCCA/patterso_wpd.WP6 KENNETH LEE PIPKIN vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Shipp R. Weems John Knox Walkup District Public Defender Attorney General and Reporter Robbie T. Beal Peter M. Coughlan Assistant Public Defender Assistant Attorney General P.O. Box 160 450 James Robertson Parkway Charlotte, TN 37036 Nashville, TN 37243-0493 Dan Mitchum Alsobrooks District Attorney General George Sexton Assistant District Attorney Humphrey County Courthouse Waverly, TN 37185 Judge:Barker First Paragraph: The appellant, Kenneth Lee Pipkin, appeals as of right the denial of his post conviction petition by the Stewart County Circuit Court. On appeal, he contends that his trial counsel was ineffective: (1) for failing to remove a biased juror from the jury panel; (2) for failing to challenge the qualifications of an expert witness; (3) for failing to thoroughly cross-examine a witness; (4) for seeking a continuance of the case which was prejudicial to appellant; and (5) for failing to properly inform appellant about his right to appeal. We conclude that counsel was ineffective in advising appellant about pursuing an appeal, thus resulting in a waiver of that right which was not voluntary or knowing. Therefore, we grant appellant the opportunity to pursue a delayed appeal. In all other respects, we affirm the trial court. URL:http://www.tba.org/tba_files/TCCA/pipkinkl_opn.WP6 STATE OF TENNESSEE vs. WINFORD LEE PIPKIN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DAVID COLLINS JOHN KNOX WALKUP 211 Printers Alley Bldg. Attorney General & Reporter Fourth Floor Nashville, TN 37201 KAREN M. YACUZZO Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 VICTOR S. JOHNSON, III District Attorney General WILLIAM REED Asst District Attorney General Washington Square, Suite 500 222 Second Avenue South Nashville, TN 37201 Judge:WOODALL First Paragraph: The Defendant, Winford Lee Pipkin, was convicted of one (1) count of especially aggravated kidnapping and five (5) counts of rape of a child following a jury trial in the Criminal Court of Davidson County. URL:http://www.tba.org/tba_files/TCCA/pipkinwl_opn.WP6 STATE OF TENNESSEE vs. AUSTIN KIPLING STRATTON Court:TCCA Attorneys: FOR THE APPELLANT: R. N. (BO) TAYLOR (Appeal) 112 Long Hollow Pike Suite 206 Goodlettsville, TN 37072 JAMES M. JOHNSON (Trial Court) 112 Frey Street Ashland City, TN 37015-1806 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter DARYL J. BRAND Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 DAN M. ALSOBROOKS District Attorney General SUZANNE M. LOCKERT Assistant District Attorney General P. O. Box 580 Charlotte, TN 37036-0580 Judge:RILEY First Paragraph: Defendant, Austin Kipling Stratton, seeks review of his consecutive sentences totaling twenty (20) years for various drug offenses. The sentences resulted from a plea of guilty. We find that the notice of appeal was untimely filed, and no relief is merited under Tenn. R. Crim. P. 35(b). Accordingly, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/strattak_opn.WP6 STATE OF TENNESSEE vs. DANIEL WILSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SHAWN G. GRAHAM JOHN KNOX WALKUP Asst District Public Defender Attorney General & Reporter 419 High St. Maryville, TN 37804 MARVIN E. CLEMENTS, JR. Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 MICHAEL L. FLYNN District Attorney General PHILIP MORTON Asst District Attorney General 363 Court St. Maryville, TN 37804-5906 Judge:WITT First Paragraph: Daniel Wilson, the appellant, appeals pursuant to Rule 3 of the Tennessee Rules of Criminal Procedure from the trial court's revocation of his probation. This is his third violation of probation. The gravamen of his complaint is that the trial court abused its discretion in ordering him to serve his sentence in incarceration. URL:http://www.tba.org/tba_files/TCCA/wilsond_opn.WP6
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