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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M & M PROPERTIES VS. ANNA RUTH MAPLES, et al. Court:TCA Attorneys: PHILIP NEMETH OF GATLINBURG; FRANK B. BIRD and L. LEE KULL OF MARYVILLE FOR APPELLANTS DUDLEY W. TAYLOR OF KNOXVILLE and DONALD B. OAKLEY OF MORRISTOWN FOR APPELLEE Judge:Goddard First Paragraph: This is a suit for declaratory judgment brought by M & M Properties, a general partnership, against Anna Ruth Maples and her daughter, Dorothy Maples Roberts, seeking a determination that the lease held by M & M Properties as to a certain tract in Gatlinburg, sometimes denominated in the record as "the Extended Lease," expires on December 31, 2034, rather than April 1, 2018, the termination date of the original lease as to the tract in question. URL:http://www.tba.org/tba_files/TCA/mmp_opn.WP6 STATE OF TENNESSEE VS. MYRON GARMON Court:TCCA Attorneys: For Appellant: For Appellee: Tony N. Brayton John Knox Walkup Assistant Public Defender Attorney General and Reporter 201 Poplar Avenue, Suite 2-01 Memphis, TN 38103 Timothy F. Behan (on appeal) Assistant Attorney General 450 James Robertson Parkway Leslie Mozingo Nashville, TN 37243-0493 Assistant Public Defender 201 Poplar Avenue, Suite 2-01 David Henry Memphis, TN 38103 Asst District Attorney General (at trial) 201 Poplar Avenue, Third Floor Memphis, TN 38103 Of Counsel: A.C. Wharton Shelby County Public Defender Judge:WADE First Paragraph: The defendant, Myron Garmon, was convicted of one count of aggravated sexual battery. The trial court imposed a twelve-year sentence to be served consecutively to sentences imposed in the State of Arkansas. In this appeal of right, the defendant claims that the evidence was insufficient to corroborate his confession; he also argues that the trial court should have sustained the defendant's motion to dismiss for the state's failure to try the case within one hundred-eighty days from his request for trial. URL:http://www.tba.org/tba_files/TCCA/garmonm_opn.WP6 STATE OF TENNESSEE VS. ROBERT L. HARDY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Gale K. Flanary John Knox Walkup Assistant Public Defender Attorney General & Reporter P.O. Box 839 500 Charlotte Avenue Blountville, TN 37617-0839 Nashville, TN 37243-0497 OF COUNSEL: Timothy F. Behan Assistant Attorney General Stephen M. Wallace 450 James Robertson Parkway District Public Defender Nashville, TN 37243-0493 P.O. Box 839 Blountville, TN 37617-0839 H. Greeley Wells, Jr. District Attorney General P.O. Box 526 Blountville, TN 37617-0526 Gregory A. Newman Asst District Attorney General P.O. Box 526 Blountville, TN 37617-0526 Judge:Jones First Paragraph: The sole issue presented for review is whether the State of Tennessee was barred pursuant to Rule 8(a), Tennessee Rules of Criminal Procedure, from prosecuting the appellant, Robert L. Hardy (defendant), because the state failed to join the offenses in this case with the offenses committed thirty days prior in time to the present offenses. The trial court ruled the offenses in this case were "not part of the same conduct or part of the same criminal episode," and these offenses were not "known to the appropriate prosecuting authority" at the time the prior indictment was returned by the Sullivan County Grand Jury. After a thorough review of the record, the briefs submitted by the parties, and the law governing the issue presented for review, it is the opinion of this court that the judgment of the trial court should be affirmed. URL:http://www.tba.org/tba_files/TCCA/hardyrl_opn.WP6 ROGER LEE KIMMEL VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Roger Lee Kimmel, Pro Se Charles W. Burson P. O. Box 1000 Attorney General and Reporter Henning, TN 38041-1000 Kenneth W. Rucker Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 William David Bridgers Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 Judge:Hayes First Paragraph: The appellant, Roger Lee Kimmel, appeals the Shelby County Criminal Court's dismissal of his pro se application for writ of habeas corpus. In 1996, a Lake County Grand Jury returned a two count indictment charging the appellant with the offenses of rape of a child and aggravated sexual battery. On March 25, 1996, the appellant pled guilty to the offense of aggravated sexual battery and was sentenced to eight years in the Department of Correction. The appellant is currently incarcerated at the Mark H. Luttrell Reception Center in Memphis. URL:http://www.tba.org/tba_files/TCCA/kimmelrl_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/kimmelrl_con.WP6 STATE OF TENNESSEE VS. WILLIAM JAMES LOGAN Court:TCCA Attorneys: For the Appellant: For the Appellee: Heiskell Winstead John Knox Walkup 205 Highway 66 South Attorney General of Tennessee Rogersville, TN 37857 and Peter M. Coughlan Asst Attorney General of Tennessee 450 James Robertson Parkway Nashville, TN 37243-0493 C. Berkeley Bell, Jr. District Attorney General 113J W. Church Street Greeneville, TN 37743 and Douglas Godbee Asst District Attorney General Hawkins County Courthouse Rogersville, TN 37857 Judge:Tipton First Paragraph: The defendant, William James Logan, appeals as of right from his convictions by a jury in the Criminal Court for Hawkins County for possession of less than .5 grams of cocaine with the intent to sell and tampering with evidence, both Class C felonies. As a Range I, standard offender, the defendant received concurrent six-year sentences. He contends that there is insufficient evidence to support his convictions. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/loganwj_opn.WP6 PERRY McDONALD VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Perry McDonald, Pro Se John Knox Walkup Northeast Correctional Attorney General and Reporter Center, No. 240535 P. O. Box 5000 Timothy F. Behan Mountain City, TN 37683-5000 Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Judge:Hayes First Paragraph: The appellant, Perry McDonald, appeals the judgment of the trial court summarily dismissing his petition for post-conviction relief. His petition alleges that he is currently serving an effective sentence of seventy-six years imprisonment following his convictions for especially aggravated kidnapping, aggravated rape, aggravated robbery, two counts of aggravated burglary, and theft. Judgments of conviction were entered on October 10, 1994, following the appellant's guilty pleas to these offenses. In his pro se petition, he alleges as grounds for relief: (1) involuntary guilty pleas; (2) ineffective assistance of counsel; and (3) defective indictment. The trial court found the appellant's claims barred by the statute of limitations. The appellant appeals from this ruling. URL:http://www.tba.org/tba_files/TCCA/mcdonalp_opn.WP6 EARL THOMAS MITCHELL, JR. VS. HOWARD CARLTON, Warden, and STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Earl Thomas Mitchell, Jr., Pro Se John Knox Walkup T.D.OC. #106783 Atty General and Reporter N.E.C.C. Post Office Box 5000 Peter M. Coughlan Mountain City, TN 37683-5000 Asst Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Judge:Hayes First Paragraph: The appellant, Earl Thomas Mitchell, Jr., appeals the denial of his petition for the writ of habeas corpus. Upon review, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/mitchele_opn.WP6 STATE OF TENNESSEE VS. JOHN PARKER ROE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Wayne Emmons John Knox Walkup 2502 Mt. Moriah Rd., A100 Attorney General & Reporter Memphis, TN 38115 Edward Witt Chandler Deborah A. Tullis Chandler Law Firm Assistant Attorney General 2502 Mt. Moriah Rd., A100 Cordell Hull Bldg., 2d Floor Memphis, TN 38115 425 Fifth Avenue North Nashville, TN 37243 William L. Gibbons District Attorney General Thomas D. Henderson Karen Cook Asst District Attorneys General Criminal Justice Complex, Ste 301 201 Poplar Avenue Memphis, TN 38103 Judge:SUMMERS First Paragraph: The appellant, John Parker Roe, was convicted by a jury of first degree murder for killing his wife, Lisa Michelle Trainor Roe. Judge Jon Kerry Blackwood sentenced the appellant to life in prison. URL:http://www.tba.org/tba_files/TCCA/roejohnp_opn.WP6 STATE OF TENNESSEE VS. JOHN W. THOMAS Court:TCCA Attorneys: For Appellant: For Appellee: Walker Gwinn John Knox Walkup Assistant Public Defender Attorney General and Reporter 201 Poplar Avenue, Suite 2-01 Memphis, TN 38103 Kenneth W. Rucker (on appeal) Assistant Attorney General Criminal Justice Division J.T. Harris 450 James Robertson Parkway Assistant Public Defender Nashville, TN 37243-0493 201 Poplar Avenue, Suite 2-01 Memphis, TN 38103 Terrell L. Harris (at sentencing hearing) Asst District Attorney General Criminal Justice Complex Of Counsel: 201 Poplar Ave, Third Floor Memphis, TN 38103 A.C. Wharton, Jr. Shelby County Public Defender Judge:WADE First Paragraph: The defendant, John W. Thomas, pled guilty to two separate violations of the order declaring him a motor vehicle habitual offender. The trial court imposed concurrent, Range III sentences of five years for each of the two Class E felonies; the workhouse sentence is to be served in the Shelby County Corrections Center. URL:http://www.tba.org/tba_files/TCCA/thomasjw_opn.WP6 CAVIOUS M. WATKINS VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Garland Erguden John Knox Walkup Attorney Attorney General and Reporter 242 Poplar Avenue Memphis, TN 38103 Clinton J. Morgan Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493 Janet Shipman Asst District Attorney General 201 Poplar Avenue, Third Floor Memphis, TN 38103 Judge:WADE First Paragraph: The defendant, Cavious M. Watkins, appeals the trial court's denial of his petition for post-conviction relief. In this appeal of right, the defendant contends that his pleas were neither knowingly nor voluntarily made due to the ineffective assistance of counsel. We find no error and affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/watkinsc_opn.WP6
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