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PAGE G. STUART vs. STATE OF TENNESSEE DEPARTMENT OF SAFETY Court:TSC Attorneys: For Appellant: For Appellee: RICHARD MCGEE JOHN KNOX WALKUP JOHN E. RODGERS, SR. Attorney General and Reporter Nashville, TN MICHAEL E. MOORE Solicitor General GORDON W. SMITH Associate Solicitor General VICTOR S. JOHNSON, III District Attorney General JOHN C. ZIMMERMANN Assistant District Attorney General Nashville, TN Judge:BIRCH First Paragraph: During a wide-ranging investigation, law enforcement officers located and seized several items of property thought to be used in the conduct of an illegal drug enterprise. Criminal charges followed the several seizures, and Page Stuart, the appellant, pleaded guilty to offenses involving delivery and conspiracy to deliver large quantities of marijuana. The State thereafter instituted administrative proceedings under Tenn. Code Ann. S 53-11-201 et seq. (1991 & Supp. 1992) for the forfeiture of the property seized. Although Stuart challenged the forfeiture of some of the property, he was not successful, and both the Chancery Court and the Court of Appeals upheld the forfeiture. URL:http://www.tba.org/tba_files/TSC/stuartp_opn.WP6 ALLSTATE INSURANCE COMPANY vs. AUTO OWNERS INSURANCE COMPANY, INC., and RONALD K. MINK Court:TCA Attorneys: BRIAN H. TRAMMELL OF KNOXVILLE FOR APPELLANT LINDA J. HAMILTON MOWLES OF KNOXVILLE FOR APPELLEE AUTO OWNERS INSURANCE COMPANY, INC. Judge:Goddard First Paragraph: Allstate Insurance Company ("Allstate") appeals the dismissal of its suit against Auto Owners Insurance Company ("Auto Owners") and Ronald K. Mink by Chancellor McDonald, Knox County Chancery Court. The suit was the result of Auto Owners' denial of coverage to Mr. Mink, which forced Allstate to pay to its insured, Susan E. Smith, the sum of $17,289.33, based on the judgment she received in the Circuit Court action. Allstate sought recovery for this amount plus payment made to Mrs. Smith under the medical coverage of $1712.60 and payment under the property damage coverage of $2009.54. URL:http://www.tba.org/tba_files/TCA/allstate_opn.WP6 WILLIAM JOSEPH BELLAMY vs. STATE OF TENNESSEE Court:TCA Attorneys: JOHN W. CLEVELAND OF SWEETWATER FOR APPELLANT JOHN KNOX WALKUP, Attorney General and Reporter, and DAVID T. WHITEFIELD, Senior Counsel, Civil Rights and Claims Division, Nashville, For Appellee Judge:Goddard First Paragraph: William Joseph Bellamy appeals a summary judgment granted in the favor of the State of Tennessee in his suit which, according to the notice of claim filed with the Tennessee Claims Commission by his attorney. URL:http://www.tba.org/tba_files/TCA/bellamyw_opn.WP6 RONNIE BRADFIELD vs. STEPHANIE GREEN COLE Court:TCA Attorneys: RONNIE BRADFIELD a/k/a Paul Farnsworth, pro se Whiteville, Tennessee GERALD S. GREEN Memphis, Tennessee Attorney for Appellee Judge:HIGHERS First Paragraph: Plaintiff-Appellant ("Plaintiff") brought an action in the trial court for legal malpractice against his former attorney ("Defendant"). The court granted summary judgment for Defendant, and Plaintiff has appealed. URL:http://www.tba.org/tba_files/TCA/bradfi2r_opn.WP6 JERRY RAY BROWN vs. PHILLIP L. DAVIDSON Court:TCA Judge:LILLARD First Paragraph: Upon consideration of the petition for rehearing of Plaintiff/Appellant Jerry Ray Brown, the petition is denied. URL:http://www.tba.org/tba_files/TCA/brownjer_pet.WP6 VICTOR D. BUNCH vs. LOUIS A. LLOYD Court:TCA Attorneys: For Appellant For Appellee ROBERT W. KNOLTON HARRY LILLARD Kramer, Rayson, Leake, Oak Ridge, Tennessee Rodgers & Morgan Oak Ridge, Tennessee Judge:Susano First Paragraph: The issues before us arise out of an award of discretionary costs. Following the entry of an order of compromise and dismissal, the settling plaintiff timely filed a motion for discretionary costs pursuant to Rule 54.04(2), Tenn.R.Civ.P. The defendant opposed the motion. The trial court awarded the plaintiff discretionary costs of $794, and the defendant appealed. URL:http://www.tba.org/tba_files/TCA/bunchvd_opn.WP6 MICHAEL EUGENE COPAS vs. JULIE MARIE COPAS Court:TCA Attorneys: For Appellant For Appellee RICHARD T. WALLACE DWIGHT E. STOKES Ogle & Wallace, P.C. Galyon & Stokes Sevierville, Tennessee Sevierville, Tennessee Judge:Susano First Paragraph: This is a divorce case. However, the issues presented for our review pertain solely to the jurisdiction of the trial court to hear and determine an interstate child custody dispute under the Uniform Child Custody Jurisdiction Act ("UCCJA"). The trial court held that it had jurisdiction under the Tennessee version of the UCCJA to decide custody and visitation issues pertaining to the parties' only child, Carver Michael Copas ("Carver"). The child's mother, the defendant Julie Marie Copas ("Mother"), appealed, arguing that the trial court lacked jurisdiction under T.C.A. S 36-6-201, et seq., the Tennessee version of the UCCJA, to address such custody and visitation issues. Alternatively, Mother argues that the trial court erred in failing to communicate with the Florida trial court where Mother had sought a divorce and custody of Carver. She claims that the Tennessee court was required by the provisions of T.C.A. S 36-6-207(c) to communicate with the Florida court. We find Mother's first issue to be dispositive of this appeal. URL:http://www.tba.org/tba_files/TCA/copasme_opn.WP6 WILMA JEAN LAMPLEY vs. GORDON RAY LAMPLEY Court:TCA Judge:KOCH First Paragraph: I have taken the unusual step of preparing this separate opinion because the assertions in Mr. Lampley's petition for rehearing require some response. The petition states that this court's February 6, 1998 opinion "totally overlooked or refused to acknowledge" Ms. Lampley's August 1996 mortgage application in which Ms. Lampley states that her gross monthly income was $6,652. The petition also asserts that we must treat this statement as a binding admission by Ms. Lampley because of our decision in Patterson v. Patterson, App. No. 88-268 II, 1989 WL 5451 (Tenn. Ct. App. Jan. 27, 1989), perm. app. denied (Tenn. May 1, 1989). Neither assertion is correct. URL:http://www.tba.org/tba_files/TCA/lampleyw_con.WP6 GENE L. MILLER vs. TARA L. STURDIVANT, M.D., JACQUELINE CARUTHERS, and DORIS ROSS Court:TCA Attorneys: For Appellant For Appellees GENE L. MILLER, Pro Se BRUCE A. ANDERSON Powell, Tennessee Butler, Vines and Babb, P.L.L.C. Knoxville, Tennessee Judge:Susano First Paragraph: Gene L. Miller filed separate actions against Tara L. Sturdivant, M.D., Jacqueline Caruthers, and Doris Ross, for alleged medical malpractice arising out of treatment rendered to him at the Knox County Health Department. The complaints were consolidated in Division Three of the Knox County Circuit Court. The defendants filed a joint motion for summary judgment which was supported by the affidavit of the defendant Sturdivant. The affidavit negates essential elements of the plaintiff's causes of action. The plaintiff failed to file material of the nature, and in the form, contemplated by Rule 56.06, Tenn.R.Civ.P. Since the facts properly before us show that the defendants are "entitled to a judgment as a matter of law," it results that the summary judgment granted to the defendants by the trial court must be affirmed at the plaintiff's costs. See Rule 56.04, Tenn.R.Civ.P. This case is remanded to the trial court for collection of costs assessed below, pursuant to applicable law. URL:http://www.tba.org/tba_files/TCA/millegl_opn.WP6 PATRICIA ANNE PEHLMAN vs. GREGORY LAWRENCE PEHLMAN Court:TCA Attorneys: Robert L. Crossley, Knoxville, for Appellant. Wanda G. Sobieski, Knoxville, for Intervenor. Judge:INMAN First Paragraph: At the outset we think it well to observe what this case is not about: the enforcement of a lien for attorney fees. URL:http://www.tba.org/tba_files/TCA/pehlman_ca3.WP6 JAMES N. RAMSEY, District Attorney General, Seventh Judicial District vs. TOWN OF OLIVER SPRINGS, et al Court:TCA Attorneys: For Appellant For Appellees JOHN KNOX WALKUP JAMES M. WEBSTER Attorney General & Reporter Oak Ridge, Tennessee Nashville, Tennessee MICHAEL E. MOORE Solicitor General Nashville, Tennessee GORDON W. SMITH Associate Solicitor General Nashville, Tennessee Judge:Susano First Paragraph: This is a declaratory judgment action brought by James N. Ramsey ("Ramsey"), District Attorney General for Anderson County (Seventh Judicial District). He sued the Town of Oliver Springs ("the Town") and a number of its officials, seeking a declaration that the Town's blanket policy and practice of prosecuting Anderson County offenses in Roane County is unlawful. This controversy stems from the fact that, while portions of the Town are located in three counties -- Anderson, Roane, and Morgan -- the Town's City Court is physically located in Roane County. Based on the parties' stipulation of facts, the trial court concluded that the Town could continue to prosecute state cases arising in Anderson County, in the City Court physically located in Roane County, provided that it first obtains a waiver of the right to venue from each defendant. Ramsey's appeal followed. URL:http://www.tba.org/tba_files/TCA/ramseyjn_opn.WP6 JOHN WAYNE SLATE, SR vs. STATE OF TENNESSEE, et al. Court:TCA Attorneys: JOHN WAYNE SLATE, SR., Pro Se JOHN KNOX WALKUP, Attorney General and Reporter, and DAVID T. WHITEFIELD, Senior Counsel, Civil Rights and Claims Division, Nashville, For Appellees Judge:Goddard First Paragraph: John Wayne Slate, Sr., who is incarcerated in a penal institution of this State, appearing pro se, appeals a judgment of the Chancery Court for Sevier County, which dismissed his complaint (which is styled a motion) seeking disbarment of Circuit Judge Ben Hooper and Attorney General Al Schmutzer, Jr. URL:http://www.tba.org/tba_files/TCA/slatej_opn.WP6 DEBRA A. TIPTON vs. JOHN W. HARRIS, JR. Court:TCA Attorneys: John W. Harris, Jr., Pro Se William Bryan Penn of Memphis For Appellee Judge:CRAWFORD First Paragraph: This case involves the issuance of an "Agreed Order of Protection" pursuant to T.C.A. S 36-3-605 (1996). Respondent-appellant John W. Harris, Jr. appeals the issuance of the order, asserting (1) that the court did not have subject matter jurisdiction, (2) that he did not agree to the issuance of the order, and (3) that the order was improperly granted because he was not afforded an opportunity to be heard. URL:http://www.tba.org/tba_files/TCA/tiptonde_opn.WP6 DAVID LEE WALKER vs. EXCHANGE INSURANCE COMPANY and CHATTANOOGA INSURANCE AGENCY, INC. Court:TCA Attorneys: R. Dee Hobbs, Chattanooga, for Appellant. David P. Hawley, Chattanooga, for Chattanooga Insurance Agency, Appellee. W. Gerald Tidwell, Jr., Chattanooga, for Exchange Insurance Company, Appellee. Judge:INMAN First Paragraph: This action to recover on a policy of fire insurance was resisted on the ground that the policy was void ab initio because the plaintiff denied in his application that a prior policy had been canceled, and because the damaged property had been vacant for more than 60 days in violation of the policy. URL:http://www.tba.org/tba_files/TCA/walker_ca3.WP6 HENRY WITT and wife MARGARET WITT vs. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY Court:TCA Attorneys: For Appellant For Appellees DOUGLAS M. CAMPBELL RICHARD A. FISHER PAUL CAMPBELL, III JAMES F. LOGAN, JR. Campbell & Campbell Logan, Thompson, Miller, Bilbo, Chattanooga, Tennessee Thompson and Fisher, P.C. Cleveland, Tennessee BERT H. BATES Bates, Sellers & Robinson Cleveland, Tennessee Judge:Susano First Paragraph: The plaintiffs, Henry Witt and wife, Margaret Witt ("the Witts"), seek to domesticate a foreign judgment against Tennessee Farmers Mutual Insurance Company ("Tennessee Farmers"), pursuant to the provisions of the Uniform Enforcement of Foreign Judgments Act, T.C.A. S 26-6-101, et seq. The judgment sought to be domesticated is based on the uninsured motorist coverage of an automobile insurance policy issued by Tennessee Farmers. URL:http://www.tba.org/tba_files/TCA/witth_opn.WP6 STATE OF TENNESSEE vs. SAMUEL D. BRADEN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: HOWELL G. CLEMENTS (trial & appeal) JOHN KNOX WALKUP JANE M. STAHL (appeal) Attorney General & Reporter Attorneys at Law 801 Pine St. DARYL J. BRAND Chattanooga, TN 37401-1749 Assistant Attorney General Criminal Justice Division PAUL CROSS (trial) 450 James Robertson Parkway CATHERINE CLARK (trial) Nashville, TN 37243-0493 P.O. Box 99 Monteagle, TN 37356 J. MICHAEL TAYLOR District Attorney General THOMAS D. HEMBREE Asst. District Atty General 2d Floor, Lawyers Bldg. Jasper, TN 37347 Judge:WITT First Paragraph: Samuel D. Braden appeals his conviction of the voluntary manslaughter of his wife. Braden received his conviction following a jury trial in the Grundy County Circuit Court and was sentenced to serve six years in the Department of Correction. URL:http://www.tba.org/tba_files/TCCA/bradensd_opn.WP6 STATE OF TENNESSEE vs. SCOTTY S. DAVENPORT Court:TCCA Attorneys: For Appellant: For Appellee: Jeffrey A. DeVasher Charles W. Burson Assistant Public Defender Attorney General and Reporter (on appeal) Lisa A. Naylor James P. McNamara Assistant Attorney General Assistant Public Defender 450 James Robertson Parkway (on appeal) Nashville, TN 37243-0493 David M. Siegel Nick Bailey Assistant Public Defender Assistant District Attorney General (at trial) Isabel Maumus 1202 Stahlman Building Assistant District Attorney General Union Street Washington Square, Suite 500 Nashville, TN 37201 222 2nd Ave., North Nashville, TN 37201-1649 Judge:WADE First Paragraph: The defendant, Scotty S. Davenport, appeals from his conviction of aggravated robbery. The trial court imposed a Range I sentence of eight years. URL:http://www.tba.org/tba_files/TCCA/davenpts_opn.WP6 MAURICE DONALDSON vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant For the Appellee Henry R. Allison, III John Knox Walkup 500 Church Street Attorney General & Reporter Fifth Floor Nashville, TN. 37219 Daryl J. Brand Assistant Attorney General 2nd Floor Cordell Hull Building 425 Fifth Avenue North Nashville, TN. 37243-0493 Victor S. Johnson, III District Attorney General Thomas B. Thurman Deputy District Attorney General Washington Square, Ste 500 222 Second Avenue North Nashville, TN. 37201-1649 Judge:BARKER First Paragraph: The appellant, Maurice Donaldson, appeals the Davidson County Criminal Court's denial of his motion to reopen his post-conviction petition. He treats this appeal as one of right and he asks this Court to remand his case to the trial court for an evidentiary hearing. We find that the trial court did not abuse its discretion in denying appellant's motion to reopen and we dismiss the appeal pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. URL:http://www.tba.org/tba_files/TCCA/dnldsnmd_opn.WP6 GARY T. DOTSON vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DAVID A. DOYLE JOHN KNOX WALKUP District Public Defender Attorney General & Reporter 117 E. Main St. Gallatin, TN 37066 ELIZABETH B. MARNEY Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 LAWRENCE RAY WHITLEY District Attorney General DEE GAY Asst. District Attorney General 113 W. Main St. Gallatin, TN 37066 Judge:PEAY First Paragraph: The petitioner was convicted of first-degree murder and employing a firearm during the commission of a felony. These convictions were affirmed on direct appeal. State v. Gary Thomas Dotson, No. 89-262-III, Sumner County (Tenn. Crim. App. filed Aug. 3, 1990, at Nashville). He is serving a life sentence plus five years for these offenses. In December 1992, he filed for post-conviction relief alleging that his lawyers were ineffective at both his trial and on direct appeal. The court below denied relief, which he now appeals. He further alleges that the post-conviction court erred when it denied his motion for forensic and psychological evaluations. Upon our review of both the record below and the trial record, we affirm. URL:http://www.tba.org/tba_files/TCCA/dotsongt_opn.WP6 STATE OF TENNESSEE vs. BRIAN KEITH HARDING Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN HENDERSON JOHN KNOX WALKUP Public Defender Attorney General & Reporter ELAINE B. BEELER KAREN M. YACUZZO Asst. Public Defender Asst. Attorney General P.O. Box 68 450 James Robertson Pkwy. Franklin, TN 37065 Nashville, TN 37243-0493 JOSEPH D. BAUGH District Attorney General RONALD DAVIS Asst. District Attorney General P.O. Box 937 Franklin, TN 37065 Judge:PEAY First Paragraph: The defendant was indicted on several charges stemming from three separate incidents. He was charged with two counts of aggravated burglary, one count of theft of property valued at less than one thousand dollars ($1000), and two counts of theft of property valued at less than five hundred dollars ($500). He ultimately pled guilty to two counts of aggravated burglary and one count of theft of property valued at less than five hundred dollars ($500). As part of the plea bargain, he agreed to three year sentences for each of the aggravated burglaries and a thirty day sentence for the theft; all of which were to run concurrently. A sentencing hearing was held to determine the manner in which the defendant should serve his sentence. The trial court denied his request for probation and ordered him to serve his sentences in the Tennessee Department of Correction. URL:http://www.tba.org/tba_files/TCCA/hardingb_opn.WP6 STATE OF TENNESSEE vs. MICKEY HARRIS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JACKY O. BELLAR JOHN KNOX WALKUP 212 Main St. Attorney General & Reporter P.O. Box 332 Carthage, TN 37030 CLINTON J. MORGAN Counsel for the State 450 James Robertson Pkwy. Nashville, TN 37243-0493 TOM P. THOMPSON District Attorney General DOUGLAS HALL Asst. District Attorney General 111 Cherry St. Lebanon, TN 37087 Judge:PEAY First Paragraph: The defendant was indicted in October 1995 on three counts of passing worthless checks. Following a trial, a jury found him guilty of two counts and ordered him to pay restitution in the amount of ten thousand three hundred sixty-four dollars and eighty-one cents ($10,364.81). The trial court sentenced the defendant to three years for each of his convictions and immediately placed him on Community Corrections. The sentences are to run consecutively. In this appeal as of right, the defendant challenges the sufficiency of the evidence. After a review of the record and applicable law, we find that the evidence supports the jury's verdict. Therefore, we affirm the judgment of the court below. URL:http://www.tba.org/tba_files/TCCA/harrism_opn.WP6 STATE OF TENNESSEE vs. TRAMPAS DALE SWEENEY Court:TCCA Attorneys: For the Appellant For the Appellee C. Diane Crosier John Knox Walkup Assistant Public Defender Attorney General & Reporter P.O. Box 68 Franklin, TN. 37065 Sarah M. Branch Assistant Attorney General 2nd Floor Cordell Hull Building 425 Fifth Avenue North Nashville, TN. 37243-0943 Joseph D. Baugh, Jr. District Attorney General Williamson County Cthse. Ste. G-6 P.O. Box 937 Franklin, TN. 37065-0937 Jeff Burks Asst District Attorney General P.O. Box 937 Franklin, TN. 37065-0937 Judge:BARKER First Paragraph: The appellant, Trampas Dale Sweeney, appeals as of right the sentences he received following guilty pleas in the Circuit Court of Williamson County to the offenses of evading arrest and driving a motor vehicle while classified as an habitual motor vehicle offender ("HMVO"). The trial court sentenced the appellant as a Range III persistent offender and ordered him to serve five (5) years in the Tennessee Department of Correction for driving a motor vehicle while declared an HMVO, a Class E felony; and eleven (11) months and twenty-nine (29) days in the Williamson County Jail for evading arrest, a Class A misdemeanor. The sentences were ordered to run concurrently for a total effective sentence of five (5) years. URL:http://www.tba.org/tba_files/TCCA/swenytds_opn.WP6
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