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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- 00-New Opinons From TSC-Rules
- 05-New Opinons From TSC-Workers Comp Panel
- 11-New Opinons From TCA
- 12-New Opinons From TCCA
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BRANDON BRANTLEY vs. PERSONNEL PLACEMENTS and , LUMBERMENS MUTUAL CASUALTY COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Hardee, Martin & Jaynes, P.A. Waldrop and Hall, P.A. Michael A. Jaynes 106 South Liberty Street D. Tyler Kelly P.O. Box 726 P.O. Box 98 Jackson, TN 38301 Jackson, TN 38302 Judge:BYERS First Paragraph: The plaintiff contends that he got a piece of metal in his eye on Friday, August 25, 1995 at approximately 11:00 P.M., while working for the defendant, and that he has suffered a compensable injury to his eye. URL:http://www.tba.org/tba_files/TSC_WCP/brantley_wc.WP6 ROBERT E. EDWARDS vs. ANDERSON HICKEY COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: S. Newton Anderson Robert G. Millar Thomas F. Preston P.O. Box 507 80 Monroe Avenue, Suite 500 Dyersburg, TN 38025-0507 Memphis, TN 38103 Judge:BYERS First Paragraph: The employee, Robert E. Edwards, fell 14 to 18 feet to the ground at work, injuring his right ankle. The trial court awarded 95 percent permanent partial disability to the right lower extremity. URL:http://www.tba.org/tba_files/TSC_WCP/edwardsr_opn.WP6 DEBBIE J. GOODLOW vs. HOSPITAL CORPORATION OF AMERICA, d/b/a VOLUNTEER HOSPITAL Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Paul Todd Nicks William F. Kendall, III 1269 N. Highland Avenue Waldrop & Hall, P.A. P.O. Box 3539 106 South Liberty Street Jackson, TN 38303-3539 Jackson, TN 38302 Judge:BYERS First Paragraph: The plaintiff filed suit against the defendant and alleged she sustained a back injury on March 6, 1993. URL:http://www.tba.org/tba_files/TSC_WCP/goodlowd_opn.WP6 BOBBY RIDDICK vs. JACKSON METAL SERVICES, INC., Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Glassman, Jeter, Edwards & Lisa June Cox Wade, P.C. 64 Lynoak Cove Carl Wyatt Jackson, TN 38305 Lori J. Keen 26 North Second Street Memphis, TN 38103 Judge:BYERS First Paragraph: The trial judge found the plaintiff had suffered a 25 percent permanent partial disability to his left foot. The defendant says the evidence preponderates against a finding the plaintiff had suffered any permanent impairment. URL:http://www.tba.org/tba_files/TSC_WCP/riddick_wc.WP6 PATSY STEDMAN vs. HARDAWAY CONSTRUCTION COMPANY, INC., ET AL Court:TSC - Workers Comp Panel Attorneys: For the Appellants: For the Appellee: Catherine B. Clayton David Hardee SPRAGINS, BARNETT, COBB & HARDEE, MARTIN & JAYNES, P.A. BUTLER 213 E. Lafayette 110 East Baltimore Jackson, TN 38301 P. O. Box 2004 Jackson, TN 38302 Judge:BYERS First Paragraph: The trial court found the plaintiff had sustained a 25 percent permanent partial disability to the body as a whole as the result of an injury she suffered at work. URL:http://www.tba.org/tba_files/TSC_WCP/stedman_wc.WP6 EMILY ALIEZE BUFORD vs. WILLIAM MARTIN BUFORD Court:TCA Attorneys: MARTIN J. LEVITT OF CHATTANOOGA FOR APPELLANT ROSALIND REID-HOUSER OF CHATTANOOGA FOR APPELLEE Judge:Goddard First Paragraph: William Martin Buford appeals a judgment of the Trial Court, which insists that the division of the parties' marital property was inequitable. URL:http://www.tba.org/tba_files/TCA/buforde_opn.WP6 JOE CHADWELL and DEMOLITION LANDFILL vs. KNOX COUNTY TENNESSEE and the BOARD OF ZONING APPEALS vs. UNITED VALLEYS ASSOCIATION Court:TCA Attorneys: RICHARD T. BEELER, Knox County Law Director and MARY ANN STACKHOUSE, Deputy Law Director, for Knox County and Board of Zoning Appeals. KEITH McCORD and DAVID L. McCORD, McCord, Troutman & Irwin, P.C., Knoxville, for United Valleys Association. MATTHEW J. EVANS, Butler, Vines & Babb, P.L.L.C., Knoxville, for Joe Chadwell Demolition Landfill. Judge:McMurray First Paragraph: In this action, the petitioners sought judicial review, by way of an application for a writ of certiorari, of a decision of the Knox County Board of Zoning Appeals denying a permit for a "demolition landfill" as a use on review pursuant to the provisions of the Knox County Zoning Ordiance. In the same pleadings, the petitioners sought a declaratory judgment as to whether a "demolition landfill" located on the property of the petitioners came within the "grandfather clause" of Knox County's Zoning Ordinance and, therefore, could not be prohibited from continuing its landfill operation. After a hearing on cross-motions for summary judgment, the trial court determined that the Board of Zoning Appeals had not acted illegally, arbitrarily and capriciously and, therefore, denied relief under the Writ of Certiorari. After this finding, however, the court, in the declaratory judgment action found that the landfill located on the petitioners' property was "grandfathered" under the provisions of the Knox County Zoning Ordinance and that "the land may be operated and permitted for purposes consistent with its past use as a demolition landfill (as presently defined by the Knox County Zoning Resolution)." URL:http://www.tba.org/tba_files/TCA/chadwelj_opn.WP6 DEWEY HARLESS vs. CITY OF KINGSPORT Court:TCA Attorneys: For Appellant For Appellee DEWEY HARLESS, Pro Se J. MICHAEL BILLINGSLEY Kingsport, Tennessee Kingsport, Tennessee Judge:Susano First Paragraph: This litigation originated when Dewey Harless ("Harless") filed a petition for writ of certiorari seeking review of administrative decisions of Zack Wright ("Wright"), Building Official for the defendant City of Kingsport ("the City"). Those rulings decree the demolition of two structures owned by Harless. Wright's orders were issued in accordance with the provisions of Section 6-320, et seq., of the City's 1981 Code of Ordinances, which provisions, in turn, were enacted pursuant to T.C.A. S 13 21-101, et seq. (1992 & Supp. 1997). URL:http://www.tba.org/tba_files/TCA/harlessd_opn.WP6 CAROLYN DRAKE MARTIN vs. DONALD WAYNE MARTIN Court:TCA Attorneys: For Appellant For Appellee JEAN MUNROE LOREN E. PLEMMONS Knoxville, Tennessee Lenoir City, Tennessee LAURA RULE HENDRICKS Eldridge, Irvine & Hendricks Knoxville, Tennessee Judge:Susano First Paragraph: This is a divorce case. Following a bench trial, the lower court took the parties' issues under advisement. A week later, the court filed its memorandum opinion. It subsequently entered a final judgment, which awarded the parties joint custody of their three children; designated Carolyn Drake Martin ("Wife") as the residential custodian during the school year and Donald Wayne Martin ("Husband") as the residential custodian during the summer months; established co-parenting times for each parent; awarded Wife monthly child support of $1,000, but reduced the support to $250 per month during the summer months; and denied Wife's request for alimony and attorney's fees. Wife appealed, arguing that she should have been awarded sole custody, and that the co-parenting times should be changed. She also contends that the trial court erred in failing to award her rehabilitative alimony and in failing to grant her request that Husband pay her attorney's fees. By a separate issue, Husband also challenges the co-parenting times. In addition, he contends that the trial court did not properly calculate child support. URL:http://www.tba.org/tba_files/TCA/martincd_opn.WP6 IN THE MATTER OF THE ADOPTION OF SUMMER SIERRA MASSENGALE CRAIG MARCEL BULL and DEBRA FAYE BULL KAREN DENISE MASSENGALE vs. CHRISTOPHER WAYNE RANDOLPH Court:TCA Attorneys: MICHAEL S. PINEDA OF CHATTANOOGA FOR APPELLANTS CHARLES G. WRIGHT, JR., OF CHATTANOOGA FOR APPELLEE Judge:Goddard First Paragraph: In this adoption proceeding, Craig Marcel Bull and his wife, Debra Faye Bull, appeal a determination of the Circuit Court for Hamilton County that they had not shown by clear and convincing evidence that Christopher Wayne Randolph, father of Summer Sierra Massengale, was guilty of any acts which would entitle them to have his parental rights terminated. This determination, of course, precluded the Bulls from adopting the child. URL:http://www.tba.org/tba_files/TCA/massengs_opn.WP6 JIMMY R. NORMAN vs. PATRICIA NORMAN AND PATRICIA NORMAN vs. JIMMY R. NORMAN AND JAMES GREGORY NORMAN, CANDY HOLT (NORMAN), EMMA JANE NORMAN, et al. Court:TCA Attorneys: MICHAEL S. PINEDA OF CHATTANOOGA FOR APPELLANTS CHARLES G. WRIGHT, JR., OF CHATTANOOGA FOR APPELLEE Judge:Goddard First Paragraph: In this adoption proceeding, Craig Marcel Bull and his wife, Debra Faye Bull, appeal a determination of the Circuit Court for Hamilton County that they had not shown by clear and convincing evidence that Christopher Wayne Randolph, father of Summer Sierra Massengale, was guilty of any acts which would entitle them to have his parental rights terminated. This determination, of course, precluded the Bulls from adopting the child. URL:http://www.tba.org/tba_files/TCA/normanj_opn.WP6 LINETTE PORTER-METLER vs. ROBERT C. EDWARDS Court:TCA Attorneys: DAVID DAY, Day & Birdwell, P.C., Cookeville, for Appellant. R. FRANKLIN NORTON and GEOFFREY D. KRESSIN, Norton & Luhn, P.C., Knoxville, for Appellee. Judge:McMurray First Paragraph: This is a legal malpractice action. The plaintiff, Linette Porter-Metler, hired the defendant to represent her in an automobile accident case wherein she sued Patti Rose for injuries resulting from the accident. The essence of plaintiff's complaint in this action is that the defendant failed to timely reissue service of process against Rose, thereby negligently allowing her complaint to be dismissed. Defendant filed a motion for summary judgment, asserting that the one-year statute of limitations for legal malpractice actions had run, thereby barring plaintiff's action. The trial court granted summary judgment. This appeal resulted. We reverse the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/porterl_opn.WP6 KATHERINE RENEE RICE vs. JAMES TIMOTHY RICE Court:TCA Attorneys: For Appellant For Appellee LYNN TARPY S. RANDOLPH AYRES THOMAS M. LEVEILLE Athens, Tennessee Hagood, Tarpy & Cox, P.L.L.C. Knoxville, Tennessee Judge:Susano First Paragraph: In this divorce case, the trial court awarded the original defendant, James Timothy Rice ("Husband"), an absolute divorce from Katherine Renee Rice ("Wife"); granted Husband custody of the parties' child, Madalyn Sue Rice (DOB: April 20, 1993); divided the parties' personal property and debts; and pronounced other decrees that are not relevant to the issues on this appeal. URL:http://www.tba.org/tba_files/TCA/ricekr_opn.WP6 VIRGINIA SHANKEL vs. TINA MARIE MORRIS and WILLIAM JARREL MORRIS Court:TCA Attorneys: DAVID S. HAYNES for plaintiff-appellant. STEVEN C. ROSE, for Farmers Mutual Insurance Company. Judge:McMurray First Paragraph: This case was instituted to recover damages for alleged injuries resulting from an automobile accident between an automobile in which the plaintiff was a guest passenger and an automobile driven by the defendant, Tina Marie Morris. The personal injury case was settled. This is a dispute between the plaintiff and Farmers Mutual Insurance Company regarding attorney's fees to which the plaintiff claims to be entitled for services rendered in the recovery of medical expenses for which Farmers Mutual asserts a subrogation interest. URL:http://www.tba.org/tba_files/TCA/shankelv_opn.WP6 JAMES E. SWIGGETT vs. CARL R. OGLE, JR., and J. MICHAEL KERR Court:TCA Attorneys: JAMES E. SWIGGETT, Appellant, Pro se. CARL R. OGLE, JR., and J. MICHAEL KERR, Appellees, Pro se. Judge:McMurray First Paragraph: This action originated as an action for legal malpractice. The appellant, who is an inmate in a Department of Corrections facility, alleges th(TM)! *(TM)-*vil rights a(c)oePn, pro se, in the Federal District Court at Greenville against certain officials of Hawkins County. He further avers that after filing the action, he contracted with the defendant, Ogle, to represent him. Under the terms of the agreement, Ogle accepted employment by the plaintiff whereby it was agreed that Ogle would receive a non-refundable fee of $7,500.00 and $2,500.00 for investigation and preparation of depositions, and that any unused portion of the $2,500.00 would be refunded. The appellant further charges that Ogle failed to do any investigative work or prepare any depositions. He asserts that Ogle, thereby, breached his contract of employment and refused to refund monies owed to the plaintiff. URL:http://www.tba.org/tba_files/TCA/swiggetj_opn.WP6 DIANA JEAN WHARTON vs. WALTER H. WHARTON, JR. Court:TCA Attorneys: J. ANDREW STINNETT OF CHATTANOOGA FOR APPELLANT L. THOMAS AUSTIN OF DUNLAP FOR APPELLEE Judge:Goddard First Paragraph: Diana Jean Wharton appeals a divorce decree of the Circuit Court for Rhea County, wherein the Trial Judge declared that both parties were entitled to a divorce pursuant to T.C.A. 36-4-129. He thereupon divided the marital property, ordered Mr. Wharton to pay rehabilitative alimony of $50 per week for a period of nine months, granted Mrs. Wharton one-half interest in the value of Mr. Wharton's Sprinkler Industries Supplementary Retirement Plan, refused to award her any interest in the National Automatic Sprinkler Industry pension fund. He also found that the parties should retain the personal property then in their possession, but declined to onerate Mr. Wharton with any future medical bills incurred by the Plaintiff. URL:http://www.tba.org/tba_files/TCA/whartond_opn.WP6 JERRY W. BURTON vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JERRY W. BURTON JOHN KNOX WALKUP Pro Se Attorney General and Reporter MICHAEL J. FAHEY, II Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 DAVID CROCKETT District Attorney General Route 19, Box 99 Johnson City, 37601 Judge:WELLES First Paragraph: The Appellant appeals as of right from the trial court's dismissal of his pro se petition for Writ of Habeas Corpus. It appears from the petition and exhibits filed therewith that the Appellant was convicted of criminal sexual conduct in the first degree, assault with intent to commit murder, kidnapping and armed robbery and sentenced to life imprisonment plus twenty-four years in 1979. On August 30, 1996, the Appellant filed the instant habeas corpus petition alleging that his judgments of conviction were void because the indictment failed to adequately allege the culpable mental state required of each offense charged. The trial court dismissed the petition. We conclude that the Appellant is not entitled to habeas corpus relief and we therefore affirm the trial court's order of dismissal. URL:http://www.tba.org/tba_files/TCCA/burtonjw_ord.WP6 STATE OF TENNESSEE vs. BERLIN COOLEY, JR. Court:TCCA Attorneys: For the Appellant: For the Appellee: Charles W. Burson Kenneth L. Miller Attorney General of Tennessee P.O. Box 191 and Cleveland, TN 37364-0191 Michael J. Fahey, II Assistant Attorney General of TN 450 James Robertson Parkway Nashville, TN 37243-0493 Jerry N. Estes District Attorney General and Rebble S. Johnson Assistant District Attorney General 203 E. Madison Avenue Athens, TN 37303-0647 Judge:Tipton First Paragraph: The state of Tennessee appeals as of right from the Bradley County Criminal Court's dismissal of a case primarily charging the defendant, Berlin Cooley, Jr., with driving under the influence (DUI), fourth offense. The trial court ruled that further prosecution after the defendant was held for eight hours without bond at the time of his arrest would be in violation of the Double Jeopardy Clause. The state contends that the trial court erred in that the eight-hour detention did not constitute punishment for double jeopardy purposes and that, in any event, the detention was not for the same conduct for which he was arrested and charged. Pursuant to the holding in State v. Pennington, 952 S.W.2d 420 (Tenn. 1997), we are required to reverse the trial court and remand the case. URL:http://www.tba.org/tba_files/TCCA/cooleyb_opn.WP6 ERIC EDWARDS vs. STATE OF TENNESSEE Court:TCCA Attorneys: DOUGLAS A TRANT OF KNOXVILLE FOR APPELLANT JOHN KNOX WALKUP, Attorney General & Reporter, and MICHAEL J. FAHEY, II, Assistant Attorney General, OF NASHVILLE FOR APPELLEE Judge:Goddard First Paragraph: Eric L. Edwards appeals the Knox County Circuit Court's denial of his petitions for post-commitment relief. The only issue raised on appeal, which we restate, is whether Mr. Edwards can avail himself of the remedies provided by the Juvenile Post Commitment Procedures Act, T.C.A. 37-1-301, et seq., though he is neither a juvenile nor "in custody." URL:http://www.tba.org/tba_files/TCCA/edwardse_opn.WP6 DAVID W. FELTS vs. CHARLES JONES, Warden, and STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DAVID W. FELTS JOHN KNOX WALKUP Pro Se Attorney General & Reporter M.C.R.C.F. P.O. Box 2000 TIMOTHY F. BEHAN Wartburg, TN 37887-2000 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 CHARLES E. HAWK Dist. Attorney General FRANK HARVEY Asst. Dist. Attorney General P.O. Box 703 Kingston, TN 37763 Judge:WITT First Paragraph: The petitioner, David W. Felts, appeals the Morgan County Criminal Court's summary denial of his petition for the writ of habeas corpus. According to his petition, Felts is presently serving a 23-year incarcerative sentence following his guilty pleas to the crimes of aggravated sexual battery and rape of a child. He alleges he is entitled to issuance of the writ of habeas corpus because the indictments against him fail to allege a culpable mens rea. He also claims the lower court should have appointed counsel and conducted a hearing prior to ruling on his petition. We affirm the judgment of the court below. URL:http://www.tba.org/tba_files/TCCA/feltsdw_opn.WP6 STATE OF TENNESSEE vs. RAY CHARLES GASAWAY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: THOMAS H. MILLER JOHN KNOX WALKUP P.O. Box 681662 Attorney General & Reporter Franklin, TN 37068-1662 ELIZABETH B. MARNEY Asst. Attorney General 425 Fifth Ave. N. Nashville, TN 37243-0493 VICTOR S. JOHNSON III District Attorney General WILLIAM REED Asst. District Attorney General 200 Washington Sq., Ste. 500 Nashville, TN 37201 Judge:PEAY First Paragraph: The defendant was charged with two counts of sexual battery and three counts of rape; a jury convicted him of all charges. After a hearing the defendant was sentenced as a Range I standard offender to two years incarceration on each of the sexual battery convictions and twelve years on each of the rape convictions. All sentences were ordered to be served concurrently. In this appeal as of right, the defendant contends that the indictments are fatally defective, that the evidence is not sufficient to support his rape convictions and that his sentences are excessive. Upon our review of the record, we reduce the defendant's sentences on the sexual battery convictions, but otherwise affirm the judgment below. URL:http://www.tba.org/tba_files/TCCA/gasaway_opn.WP6 JAMES GILLIHAN a/k/a DAVID GILLIHAN vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: EUGENE HONEA JOHN KNOX WALKUP Assistant Public Defender Attorney General & Reporter 407-C Main St., P.O. Box 68 Franklin, TN 37243-0068 DARYL J. BRAND Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Judge:WITT First Paragraph: The petitioner, James Gillihan, appeals pursuant to Rule 3 of the Tennessee Rules of Criminal Procedure from the trial court's dismissal of his petition for post-conviction relief. In this appeal, the petitioner contends that the trial court erred in dismissing his petition. We disagree and affirm the action of the trial court. URL:http://www.tba.org/tba_files/TCCA/gillhnj_opn.WP6 STATE OF TENNESSEE vs. WILLIAM HOWARD GRAY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SHARA A. FLACY JOHN KNOX WALKUP Public Defender Attorney General & Reporter DANIEL J. RUNDE GEORGIA BLYTHE FELNER Asst. Public Defender Counsel for the State P. O. Box 1208 John Sevier Bldg. Pulaski, TN 38478 425 Fifth Ave. North (On Appeal) Nashville, TN 37243-0493 JAMES DANIEL FREEMON MIKE BOTTOMS West Gaines St. District Attorney General Lawrenceburg, TN 38464 (At the Hearing) JAMES G. WHITE Asst. District Attorney General P. O. Box 279 Lawrenceburg, TN 38464 Judge:PEAY First Paragraph: The defendant was indicted on June 8, 1993, on charges of incest and statutory rape. He pled guilty to the incest charge, and the statutory rape charge was dismissed. By agreement, the defendant received a sentence of five years in the Department of Correction. This sentence was fully suspended and the defendant was placed on immediate probation. URL:http://www.tba.org/tba_files/TCCA/graywh_opn.WP6 STATE OF TENNESSEE vs. ROBERT LEE MALLARD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JEFF BURTON JOHN KNOX WALKUP Asst. Public Defender Attorney General & Reporter 201 West Main Suite 101, Court Square Bldg. GEORGIA BLYTHE FELNER Murfreesboro, TN 37130 Counsel for the State Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 WILLIAM C. WHITESELL, JR. District Attorney General DALE ROBINSON Asst District Attorney General 3rd Floor, Judicial Building Murfreesboro, TN 37130 Judge:WITT First Paragraph: Robert Lee Mallard, the defendant, appeals from his convictions in the Rutherford County Circuit Court for simple possession of a controlled substance (cocaine) and possession of drug paraphernalia for which he received concurrent sentences of eleven months and twenty-nine days. At the time of sentencing, he had served approximately 110 days, and the trial judge immediately placed him on supervised probation. In this appeal, the defendant contends that the evidence in the record is insufficient to support his convictions beyond a reasonable doubt. URL:http://www.tba.org/tba_files/TCCA/mallrdr_opn.WP6 CLINTON MASON vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: THOMAS A. LONGABERGER 300 James Robertson Parkway 3rd Floor Nashville, TN 37201 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter ELIZABETH B. MARNEY Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 VICTOR S. JOHNSON III District Attorney General KATRIN MILLER Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge:RILEY First Paragraph: The petitioner, Clinton Mason, appeals the trial court's dismissal of his petition for post-conviction relief. The issue presented on appeal is whether the record is sufficient for this Court to make a determination of effective assistance of appellate counsel. The judgment of the trial court is affirmed. URL:http://www.tba.org/tba_files/TCCA/masonc_opn.WP6 JERRY NELSON vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JERRY NELSON JOHN KNOX WALKUP Pro Se Attorney General and Reporter TIMOTHY F. BEHAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 DAVID CROCKETT District Attorney General Route 19, Box 99 Johnson City, 37601 Judge:WELLES First Paragraph: The Appellant appeals as of right from the trial court's dismissal of his pro se petition for Writ of Habeas Corpus. It appears from the petition and exhibits filed therewith that the Appellant was convicted of rape and sentenced to life imprisonment in 1977. On September 11, 1996, the Appellant filed the instant habeas corpus petition alleging that his judgment of conviction was void because the indictment failed to adequately allege the culpable mental state required of the offense charged. The trial court dismissed the petition. We conclude that the Appellant is not entitled to habeas corpus relief and we therefore affirm the trial court's order of dismissal. URL:http://www.tba.org/tba_files/TCCA/nelsonje_ord.WP6 HAROLD VERNON SMITH vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: HAROLD VERNON SMITH JOHN KNOX WALKUP Pro Se Attorney General and Reporter Ann X N.E.C.C. P.O. Box 5000 SANDY COPOUS PATRICK Mountain City, TN 37683-5000 Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 C. BERKELEY BELL District Attorney General DOUG GODBEE Asst District Attorney General Courthouse, Main Street Rogersville, TN 37857 Judge:WELLES First Paragraph: The Petitioner, Harold Vernon Smith, appeals the trial court's dismissal of his pro se petition for post-conviction relief. The is the latest installment of his collateral challenges to his life sentence as an habitual criminal. In his petition, he argued that the indictments for the underlying offenses failed to charge essential elements of the offenses. The trial court dismissed the petition. We conclude that the Appellant is not entitled to post-conviction relief and we therefore affirm the trial court's order of dismissal. URL:http://www.tba.org/tba_files/TCCA/smithhv_opn.WP6 STATE OF TENNESSEE vs. GREGORY SCOTT TYREE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: NANCY MEYER JOHN KNOX WALKUP Office of the Public Defender Attorney General and Reporter 101 South Main Street, Ste 450 Clinton, TN 37716 PETER M. COUGHLAN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 JAMES M. RAMSEY District Attorney General JAN HICKS Asst District Attorney General 127 Anderson County Courthouse 100 S. Main Street Clinton, TN 37716 Judge:WELLES First Paragraph: The Defendant, Gregory Scott Tyree, appeals as of right pursuant to Rule 3, Tennessee Rules of Appellate Procedure. He was convicted by a Anderson County jury of aggravated rape and sentenced as a standard, Range I offender to twenty-five years imprisonment. He argues three issues in this appeal: (1) That the trial court erred by introducing evidence of the content of a 1-900 telephone call made from the victim's home; (2) that the trial court misapplied sentence enhancement factors and erred in sentencing the Defendant to twenty-five years; and (3) that the trial court erred by refusing to give pretrial jail credit. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/tyreegs_opn.WP6
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