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SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL May 4, 1998 Court:TSC - Rules URL:http://www.tba.org/tba_files/TSC_RULES/statelst28_54.WP6 BATSON EAST-LAND CO., INC., vs. RONNIE D. BOYD, as Assessor of Property of Montgomery County, Tennessee Court:TCA Attorneys: Robert Clive Marks, MARKS, SHELL, MANESS & MARKS, Clarksville, TN Attorney for Defendant/Appellant. David E. Cypress, Nashville, Tennessee. Attorney for Plaintiff/Appellee. Judge:FARMER First Paragraph: Ronnie D. Boyd, the Assessor of Property of Montgomery County, Tennessee, appeals the trial court's judgment which ruled that eighty-nine percent (89%) of a parcel of real property owned by Petitioner/Appellee Batson East-Land Company, Inc., was entitled to "Greenbelt" status for the tax year 1991. We conclude that the evidence does not preponderate against the trial court's ruling and, thus, we affirm the trial court's judgment. URL:http://www.tba.org/tba_files/TCA/batsonea_opn.WP6 CAR CONNECTION, INC. vs. AUTO BUYERS, INC. Court:TCA Attorneys: Phillip C. Kelly, BOPR #2382 Gwynn K. Smith, BOPR #368 125 Public Square Gallatin, Tennessee 37066 ATTORNEYS FOR PLAINTIFF/APPELLEE Joel E. Jordan, #4047 STELTEMEIER & WESTBROOK 2002 Richard Jones Road, C-101 P.O. Box 150349 Nashville, Tennessee 37215-0349 ATTORNEY FOR DEFENDANT/APPELLANT Judge:TODD First Paragraph: This suit was filed in General Sessions Court to collect a dishonored check, but was appealed to the Circuit Court where a complaint was filed stating more details of transactions involving the transfer of ownership of two automobiles, a Honda and a Chevrolet. URL:http://www.tba.org/tba_files/TCA/carconn_opn.WP6 CARVER PLUMBING COMPANY vs. MARTHA CONE BECK Court:TCA Judge:TODD First Paragraph: The appellee has filed a petition for rehearing in this cause which, after due consideration, is denied. URL:http://www.tba.org/tba_files/TCA/carverpc_ord.WP6 CONTOUR MEDICAL TECHNOLOGY, INC. vs. FLEXCON COMPANY, INC. Court:TCA Attorneys: John F. Quinn 2200 First Union Tower 150 Fourth Avenue North Nashville, TN 37219 ATTORNEY FOR PLAINTIFF/APPELLANT Gregory Mitchell The Southern Turf Building 222 Fourth Avenue North Nashville, TN 37219 ATTORNEY FOR DEFENDANT/APPELLEE Judge:TODD First Paragraph: The plaintiff, Contour Medical Technology, Inc., has appealed from a partial summary judgment dismissing that part of plaintiff's claim against the defendant, Flexcon Company, Inc., which seeks consequential damages resulting from defects in material purchased by plaintiff from defendant. The Trial Judge directed entry of final judgment as provided by TRCP Rule 54.02. URL:http://www.tba.org/tba_files/TCA/contourm_opn.WP6 HELEN COOKSEY vs. JERRY AND LOTTIE SHELLEY Court:TCA Attorneys: CHRISTOPHER R. FOX Lebanon, Tennessee Attorney for Appellants HELEN K. COOKSEY, pro se Lebanon, Tennessee Judge:HIGHERS First Paragraph: Defendants/Appellants, Jerry and Lottie Shelley ("defendants"), appeal the judgment of the trial court affirming the decision of the Wilson County General Sessions Court in favor of plaintiff/appellee, Helen Cooksey ("plaintiff"). For reasons state hereinafter, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/cookseyh_opn.WP6 ROBERT C. DANIELS vs. CHARLES TRAUGHBER, Chairman, TENNESSEE BOARD OF PAROLES, ET AL. Court:TCA Attorneys: David L. Raybin, #3385 HOLLINS, WAGSTER & YARBROUGH, P.C. 2210 SunTrust Center, 424 Church Street Nashville, Tennessee 37219 Joe Binkley, Sr., #2820 First American Center 315 Deaderick Street Suite 2395 Nashville, Tennessee 37238-2395 ATTORNEYS FOR PLAINTIFF/APPELLANT Patricia C. Kussman, #15506 Cordell Hull Building, Second Floor 425 Fifth Avenue South Nashville, Tennessee 37243-0488 ATTORNEY FOR DEFENDANTS/APPELLEES Judge:HIGHERS First Paragraph: The plaintiff, a prisoner in the custody of the Department of Correction, filed in the Trial Court a petition for the writ of certiorari from the action of the Board of Paroles on April 18, 1996, rescinding its order of April 9, 1994, granting the prisoner a parole. At the time of the rescission, the prisoner had not been released from custody. URL:http://www.tba.org/tba_files/TCA/danielsr_opn.WP6 URL:http://www.tba.org/tba_files/TCA/danielsr_con.WP6 URL:http://www.tba.org/tba_files/TCA/danielsr2_con.WP6 JOE ERWIN and SUSAN ERWIN, as surviving parents and next of kin of BETHANY SUZANNE ERWIN vs. JAMES M. ROSE, WADE MATHENY, in his capacity as Sheriff of Maury County, Tennessee, MAURY COUNTY SHERIFF'S DEPARTMENT, MAURY COUNTY, TENNESSEE, and TRACY JOE LOVELL Court:TCA Judge:TODD First Paragraph: The appellants have filed a petition to rehear based on the Western Section's opinion in Sims v. Stewart, No. 02A01-9706-CV-00123 (Jackson, Jan. 21, 1998). In Sims the court relied on an earlier case of Dwight v. Tennessee Farmers Mut. Ins. Co., 701 S.W.2d 621 (Tenn. App. 1985), and decided that the policy in question "provides that reduction for worker's compensation benefits applies to damages and in no way affects the coverage available." We think that Dwight stated the opposite; it stated that coverage was reduced by any worker's compensation benefits paid or payable. URL:http://www.tba.org/tba_files/TCA/erwinj_reh.WP6 BARBARA ANN HALL and husband, DAVID A. HALL, vs. ST. THOMAS HOSPITAL, RACHEL KAISER, M.D., and DANIEL L. STARNES, M.D. Court:TCA Attorneys: J. P. Barfield, #11231 JOHNSON, SCRUGGS & BARFIELD Suite 508, Cavalier Building 95 White Bridge Road Nashville, Tennessee 37205 ATTORNEY FOR PLAINTIFFS/APPELLANTS David A. King, #11559 CORNELIUS & COLLINS 2700 Nashville City Center 511 Union Street Post Office Box 190695 Nashville, Tennessee 37219-0695 ATTORNEY FOR DEFENDANTS/APPELLEES Judge:TODD First Paragraph: This is a medical malpractice suit in which the plaintiffs have appealed from a summary judgment in favor of all defendants. URL:http://www.tba.org/tba_files/TCA/hallba_opn.WP6 IN RE: ESTATE OF HAROLD L. JENKINS, Deceased HUGH C. CARDEN and DONALD W. GARIS as Co-Executors of the HAROLD L. JENKINS Estate vs. JONI L. JENKINS and KATHY L. JENKINS, Court:TCA Attorneys: Denty Cheatham, BPR #3993 Rose Palermo, BPR #3330 CHEATHAM & PALERMO 43 Music Square West Nashville, Tennessee 37203 ATTORNEYS FOR PLAINTIFFS/APPELLEES Charles W. McElroy BOULT, CUMMINGS, CONNERS & BERRY, PLC 414 Union Street, Suite 1600 P.O. Box 198062 Nashville, Tennessee 37219 ATTORNEY FOR DEFENDANTS/APPELLANTS Judge:TODD First Paragraph: This is yet another chapter in the administration of the estate of Harold L. Jenkins, a popular entertainer whose stage name was "Conway Twitty." The executors initiated the present proceeding to resolve disputed rights of three devises in respect to the collection from them of certain charges appearing on the records of the deceased. The Probate Court resolved the issues in favor of the executors, and two of the devises appealed. URL:http://www.tba.org/tba_files/TCA/jenkinsh_opn.WP6 URL:http://www.tba.org/tba_files/TCA/jenkinsh_con.WP6 LUNN REAL ESTATE INVESTMENTS, INC. vs. BOILER SUPPLY COMPANY, INCORPORATED Court:TCA Attorneys: H. Naill Falls, Jr., FALLS, RAMSEY & VEACH, P.L.C., Nashville, TN Attorney for Plaintiff/Appellant. Charles Patrick Flynn, Nashville, Tennessee Attorney for Defendant/Appellee. Judge:FARMER First Paragraph: This case involves a contractual dispute between the lessor and lessee of certain commercial property. The appellant, Lunn Real Estate Investments, Inc. (Lunn), leased the subject premises to the appellee, Boiler Supply Company, pursuant to an agreement executed by the parties on January 1, 1989. On August 31, 1995, Lunn served Boiler Supply with written notice that it was requiring the latter to vacate the premises by October 1, 1995. On October 5, 1995, Lunn filed a detainer action in the general sessions court seeking possession of the property. By order entered April 19, 1996, the court found the claim for possession moot due to Boiler Supply's vacating of the premises on November 30, 1995, but awarded Lunn a judgment for two months holdover rent plus attorney's fees. Lunn appealed the decision to circuit court where, after a hearing, a judgment was entered for Lunn for $17,790. Lunn now appeals from that decision to this Court requesting additional compensatory damages, due to Boiler Supply's alleged failure to maintain the premises in accordance with the contract, and attorney's fees. For the reasons set forth below, we affirm. URL:http://www.tba.org/tba_files/TCA/lunnre_opn.WP6 ELI MIKE, an individual, JAMES A. SCHRAMPFER, an individual, and JANE B. FORBES, as Trustee in bankruptcy for the estate of DAVID L. OSBORN vs. PO GROUP, INC., a Tennessee corporation; JAMES W. (BILL) ANDERSON, III, an individual; and HAROLD L. JENKINS, an individual Court:TCA Attorneys: John C. Tishler, #13441 TUKE, YOPP & SWEENEY 17th Floor, Third National Bank Bldg. 201 Fourth Avenue North Nashville, Tennessee 37219-2040 ATTORNEY FOR PLAINTIFFS/APPELLANTS William L. Harbison, #7012 Elizabeth B. Thompson, #14505 SHERRARD & ROE 424 Church Street, Suite 2000 Nashville, Tennessee 37219 D. Denty Cheatham CHEATHAM & PALERMO 43 Music Square West P.O. Box 121857 Nashville, Tennessee 37212-1857 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge:TODD First Paragraph: The captioned plaintiffs' have appealed from a summary judgment dismissing plaintiffs' actions against the corporate defendant for the value of their stock as dissenting minority shareholders and their action against the individual defendants for breach of fiduciary duty as corporate directors. URL:http://www.tba.org/tba_files/TCA/mikeeli_opn.WP6 BILLY ALDRIDGE VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM K. RANDOLPH JOHN KNOX WALKUP 120 N. Mill Street, Suite 303 Attorney General & Reporter P.O. Box 611 Dyersburg, TN 38025-0611 KENNETH W. RUCKER Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 G. STEPHEN DAVIS C. PHILLIP BIVENS District Public Defender District Attorney General CLARENCE U. COCHRAN, JR. KAREN WINCHESTER Assistant Public Defender Asst District Attorney General P.O. Box 742 P.O. Drawer E Dyersburg, TN 38025 Dyersburg, TN 38025 Judge:WOODALL First Paragraph: The Petitioner, Billy Aldridge, appeals from the order denying his petition for post-conviction relief. Petitioner was convicted of aggravated assault following a jury trial in the Lake County Circuit Court. This court affirmed on direct appeal. State v. Billy Aldridge, No. 02C01-9509-CC-00279, Lake County (Tenn. Crim. App., at Jackson, April 17, 1996). Petitioner subsequently filed a petition for post conviction relief. This petition was subsequently denied following a hearing by the trial court. In this petition, Petitioner argues he was denied the effective assistance of counsel in the jury selection process. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/aldridgb_opn.WP6 STATE OF TENNESSEE vs. FREDERICK BEAUREGARD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GARY F. ANTRICAN JOHN KNOX WALKUP Asst District Public Defender Attorney General and Reporter P. O. Box 700 Somerville, TN 38068 DOUGLAS D. HIMES Asst Attorney General 425 Fifth Avenue North Nashville, TN. 37243-0493 ELIZABETH RICE District Attorney General JERRY NORWOOD Asst District Attorney 302 Market Street Somerville, TN 38068 Judge:SMITH First Paragraph: On May 20, 1997, a Hardeman County jury convicted Appellant, Frederick Beauregard, of rape and incest. After a sentencing hearing, the trial court ordered Appellant to serve nine years at one hundred percent pursuant to Tennessee Code Annotated S 40-35-501(I)(1)&(2). The trial court also sentenced Appellant to three years as a standard Range I offender for the incest conviction; the sentence for incest was ordered to run concurrently with the sentence for rape. URL:http://www.tba.org/tba_files/TCCA/beaurfre_opn.WP6 STATE OF TENNESSEE vs. DARRELL BRADDOCK Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JAMES BALL JOHN KNOX WALKUP 217 Exchange Attorney General and Reporter Memphis, TN 38105 MARVIN E. CLEMENTS, JR. Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General PAUL GOODMAN JANET SHIPMAN Assistant District Attorneys 201 Poplar Avenue Memphis, TN 38103 Judge:SMITH First Paragraph: On September 12, 1996, a Shelby County jury found Appellant, Darrell E. Braddock, guilty of first degree felony murder, criminal attempt: to wit especially aggravated robbery, criminal attempt: to wit murder in the first degree, and two counts of aggravated assault. URL:http://www.tba.org/tba_files/TCCA/braddoda_opn.WP6 STATE OF TENNESSEE vs. MANDIE CURRY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: PAULA L. SKAHAN JOHN KNOX WALKUP 140 North Third St. Attorney General & Reporter Memphis, TN 38103 ELIZABETH T. RYAN Asst. Attorney General 425 Fifth Ave., North Cordell Hull Bldg., Second Fl. Nashville, TN 37243-0493 JOHN W. PIEROTTI District Attorney General PHILLIP GERALD HARRIS Asst. District Attorney General 201 Poplar St., Suite 301 Memphis, TN 38103 Judge:PEAY First Paragraph: The defendant was indicted on March 12, 1996, on charges of aggravated robbery and especially aggravated robbery. She entered an Alford plea in which she pled guilty to two counts of facilitation to commit aggravated robbery. Following a sentencing hearing, the trial court sentenced the defendant to concurrent three year sentences. She now appeals and argues that the trial court erred when it refused to grant her request for judicial diversion or a suspended sentence. After a review of the record and applicable law, we affirm the judgment of the court below. URL:http://www.tba.org/tba_files/TCCA/curryma_opn.WP6 NATHAN L. DRAPER vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Brent Owen Horst John Knox Walkup 42 Rutledge Street Attorney General of Tennessee Nashville, TN 37201 and Clinton J. Morgan Asst Attorney General of TN 450 James Robertson Parkway Nashville, TN 37243-0493 Victor S. Johnson, III District Attorney General and Roger Moore Asst District Attorney General Washington Square, Suite 500 222 2nd Avenue North Nashville, TN 37201-1649 Judge:Tipton First Paragraph: The petitioner, Nathan L. Draper, appeals as of right from the Davidson County Criminal Court's denial of post-conviction relief. He is presently in the custody of the Department of Correction serving a Range I sentence of ten years for his 1994 conviction upon a guilty plea for aggravated robbery, a Class B felony. The petitioner contends that he received the ineffective assistance of counsel resulting in his guilty plea not being entered knowingly and voluntarily. He argues that his trial counsel failed to discuss possible trial strategy with him and failed to advise him that his ten year sentence would run consecutively to a sentence he was serving on parole when he committed the present offense. We affirm the trial court's denial of post-conviction relief. URL:http://www.tba.org/tba_files/TCCA/drapernl_opn.WP6 STATE OF TENNESSEE vs. KENNETH W. JACKSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A.C. WHARTON JOHN KNOX WALKUP District Public Defender Attorney General & Reporter TONY N. BRAYTON GEORGIA BLYTHE FELNER Assistant Public Defender Assistant Attorney General Criminal Justice Ctr, Ste 201 2nd Floor, Cordell Hull Bldg 201 Poplar Avenue 425 Fifth Avenue North Memphis, TN 38103 Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General KAREN COOK Asst District Attorney General Criminal Justice Ctr, Ste 301 201 Poplar Avenue Memphis, TN 38103 Judge:WOODALL First Paragraph: The Defendant, Kenneth W. Jackson, appeals as of right from his convictions for aggravated assault and reckless endangerment following a jury trial in the Shelby County Criminal Court. The trial court sentenced Defendant as a Range II Multiple Offender to ten (10) years for the aggravated assault conviction and four (4) years for the reckless endangerment conviction. The sentences were ordered to run consecutively and Defendant was also fined a total of $2,000. In this appeal, Defendant argues that the evidence was insufficient to sustain convictions for aggravated assault and reckless endangerment and that the trial court erred in ordering the sentences to be served consecutively. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/jacksnkw_opn.WP6 FREDRICK M. SLEDGE vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: HARRY E. SAYLE, III JOHN KNOX WALKUP 99 North Third Street Attorney General & Reporter Memphis, TN 38103 DEBORAH A. TULLIS Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General TERRELL L. HARRIS Assistant District Attorney General 201 Poplar Avenue - Third Floor Memphis, TN 38103 Judge:WOODALL First Paragraph: The Petitioner, Fredrick M. Sledge, appeals from the order denying his petition for post-conviction relief. URL:http://www.tba.org/tba_files/TCCA/sledgefr_opn.WP6 STATE OF TENNESSEE vs. GARY LEWIS THOMPSON Court:TCCA Attorneys: For the Appellant: For the Appellee: J. Reed Dixon John Knox Walkup Dixon & Stutts Attorney General and Reporter P. O. Box 111 Sweetwater, TN 37874 Sandy Copous Patrick Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Jerry N. Estes District Attorney General Richard Newman Asst. District Attorney General P. O. Box 647 Athens, TN 37303 Judge:Hayes First Paragraph: The appellant, Gary Lewis Thompson, was indicted by a Monroe County Grand Jury for the offense of vehicular homicide, driving under the influence, third offense, and driving on a revoked license. On July 22, 1996, the appellant pled guilty to DUI, third offense, with the sentence to be determined by the trial court. Prior to the guilty plea hearing, the State moved to nolle pros the vehicular homicide charge, which was granted. Additionally, the trial court, upon appellant's motion, dismissed the charge of driving on a revoked license. Immediately following entry of the guilty plea, the State, for the first time, requested seizure and forfeiture of the appellant's John Deere tractor, which he was operating at the time the DUI offense occurred. Following a sentencing hearing on September 6, 1996, the trial court imposed a sentence of eleven months twenty-nine days in the county jail and assessed a fine of $7,500 for the DUI, third offense conviction. The appellant's release percentage was fixed at 75%. The trial court also ordered that the farm tractor be "confiscated" from the appellant's possession and forfeited to the State. On November 8, 1996, the written order to seize and forfeit the tractor was entered. URL:http://www.tba.org/tba_files/TCCA/thompsng_opn.WP6 STATE OF TENNESSEE vs. TYRONE WRIGHT Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: BRETT B. STEIN JOHN KNOX WALKUP 236 Adams Avenue Attorney General & Reporter Memphis, TN 38103 RUTH A. THOMPSON Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General PAUL GOODMAN Assistant District Attorney General 201 Poplar Avenue - Third Floor Memphis, TN 38103 Judge:WOODALL First Paragraph: The Defendant, Tyrone Wright, appeals as of right his conviction of second degree murder following a jury trial in the Shelby County Criminal Court. The trial court sentenced Defendant to seventeen (17) years incarceration as a Range I Standard Offender. In this appeal, Defendant raises three issues: (1) that the trial court erred in denying his Motion for Judgment of Acquittal; (2) that the evidence presented at trial was insufficient to support his conviction for second degree murder; and (3) that the State's closing argument was improper. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/wrightt_opn.WP6
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