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
- 00-New Opinons From TSC-Workers Comp Panel
- 02-New Opinons From TCA
- 10-New Opinons From TCCA
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GENERAL ELECTRIC COMPANY vs. PROCESS CONTROL COMPANY Court:TSC Attorneys: FOR PLAINTIFF-RESPONDENT: FOR DEFENDANT-PETITIONER: J. Randolph Bibb, Jr. Clinton V. Butler, Jr. Nashville Jerry D. Kizer, Jr. Dale Conder, Jr. Thomas G. Cooper Jackson Boston, Massachusetts Judge:HOLDER First Paragraph: This case comes to us on a certified question of law. The plaintiff, General Electric Company ("G.E."), filed this action for contribution against Process Control Company ("Process Control"). Process Control filed a motion to dismiss and/or motion for summary judgment arguing that Tennessee law does not permit a right of contribution in this case. URL:http://www.tba.org/tba_files/TSC/generale_opn.WP6 BONNIE WEBSTER GODFREY vs. JOSEPH MORKHAM GODFREY Court:TCA Attorneys: Virginia A. Schwamm, TOWLE & SCHWAMM, Knoxville, Tennessee Attorney for Plaintiff/Appellant. Wanda G. Sobieski, SOBIESKI, MESSER & ASSOCIATES, Knoxville, TN Attorney for Defendant/Appellee. Judge:FARMER First Paragraph: Plaintiff Bonnie Webster Godfrey (the Mother) appeals the final decree of divorce entered by the trial court which dissolved the parties' marriage, distributed their property, awarded custody of the parties' two minor daughters to Defendant/Appellee Joseph Markham Godfrey (the Father), and ordered the Mother to pay child support. On appeal, the Mother challenges the trial court's decision to award custody of the parties' children to the Father and the trial court's failure to award the Mother any proceeds of the Father's pension which he had liquidated during these proceedings. We affirm. URL:http://www.tba.org/tba_files/TCA/godfreyb_opn.WP6 SYLVIA HUDSON vs. DAVE SHORTER, JR. Court:TCA Attorneys: Jerry Stokes of Memphis For Plaintiff-Appellee C. J. Barnett, McNabb, Holley & Waldrop PLLC of Memphis For Defendant-Appellant Judge:CRAWFORD First Paragraph: This is an automobile personal injury case. The defendant, David Shorter, Jr., appeals from the judgment of the trial court in a bench trial awarding plaintiff, Sylvia Hudson, $9,000.00 damages. Shorter's responsibility for the accident was stipulated, and the trial concerned only the issue of damages. URL:http://www.tba.org/tba_files/TCA/hudsonsy_opn.WP6 STATE OF TENNESSEE vs. JOSEPH LEE BERNELL BRYANT Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JEFFREY A. DeVASHER JOHN KNOX WALKUP Attorney on Appeal Attorney General and Reporter Assistant Public Defender DARYL J. BRAND J. MICHAEL ENGLE Assistant Attorney General Attorney at Trial 425 Fifth Avenue North Assistant Public Defender Nashville, TN 37243 1202 Stahlman Building Nashville, TN 37201 VICTOR S. JOHNSON District Attorney General ROGER MOORE Asst District Attorney General Washington Square, Suite 500 222 2nd Avenue North Nashville, TN 37201-1649 Judge:WELLES First Paragraph: The Defendant, Joseph Lee Bernell Bryant, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He was convicted by a Davidson County jury of one count of aggravated rape, two counts of aggravated sexual battery, and one count of attempted aggravated rape. He was sentenced as a standard, Range I offender to twenty-three years for the aggravated rape, ten years for each count of aggravated sexual battery and ten years for the attempted aggravated rape. The trial judge ordered the aggravated rape and sexual battery convictions to be served concurrently with each other and consecutively to the conviction for attempted aggravated rape for an effective sentence of thirty-three years. He appeals his convictions and sentences and raises the following issues for our review: (1)(A) That the evidence was insufficient to support the verdicts of guilt; and (B) that the evidence failed to establish the element of "bodily injury;" (2) that the trial court erred by granting the State's request for a special jury instruction regarding the attempt to destroy or conceal evidence; and (3)(A) that the trial court imposed an excessive sentence because it misapplied sentence enhancement factors, and (B) that the trial court erred by imposing a partial consecutive sentence. After a careful review of the record and arguments in the case at bar, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/bryantjl_opn.WP6 STATE OF TENNESSEE vs. MELVIN DOUGLAS CHASTAIN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHARLES CORN JOHN KNOX WALKUP Public Defender Attorney General & Reporter RICHARD HUGHES CLINTON J. MORGAN Asst. Public Defender Asst. Attorney General P.O. Box 1453 John Sevier Bldg. Cleveland, TN 37364-1453 425 Fifth Ave., North Nashville, TN 37243 0493 JERRY N. ESTES District Attorney General SHARI TAYLOE Asst. District Attorney General P.O. Box 1351 Cleveland, TN 37364-1351 Judge:PEAY First Paragraph: The defendant was indicted for the first-degree murder of his wife, Karen Chastain, and the cause proceeded to trial. The jury found the defendant guilty of second-degree murder, and the trial court sentenced the defendant to twenty years imprisonment as a Range I standard offender. The defendant now appeals as of right from his conviction. He argues that the evidence presented at trial was legally insufficient to support a conviction. The defendant also argues that because the trial court erred in admitting his confessions into evidence, he is entitled to a new trial. Finding no merit in the defendant's contentions, we affirm. URL:http://www.tba.org/tba_files/TCCA/chastain_opn.WP6 STATE OF TENNESSEE vs. ELECTROPLATING, INC., and ROSS CUNNINGHAM Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JERRY D. HUNT (Trial only) JOHN KNOX WALKUP 102 E. Main St. Attorney General & Reporter P.O. Box 812 Lebanon, TN 37088-0812 ALBERT L. PARTEE, III Senior Counsel BOB LYNCH, JR. (Trial and Appeal) 425 Fifth Ave. North, 2nd Floor Suite 316 Nashville, TN 37243-0493 Washington Square 222 Second Ave. North VICTOR S. JOHNSON III Nashville, TN 37201 District Attorney General JOHN SEABORG JOHN A. MOORE Asst District Attorney Generals Suite 500 Washington Square 222 2nd Ave. North Nashville, TN 37201-1649 Judge:WITT First Paragraph: The appellant, Ross Cunningham, appeals his conviction for willfully failing to comply with the Tennessee Water Control Act of 1977 by discharging chromium into the Metropolitan Government Sewer System on September 5, 1994, a class E felony. After the Davidson County jury returned a guilty verdict, the trial court sentenced the defendant to the minimum one-year sentence and a fine of $10,000. The trial court suspended the sentence and ordered Cunningham to serve two years on probation including 800 hours of community service and, in addition, required a cash bond securing payment of his fine and the costs. URL:http://www.tba.org/tba_files/TCCA/cnghnr_opn.WP6 STATE OF TENNESSEE vs. BRIAN EUGENE DANIEL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARK E. STEPHENS JOHN KNOX WALKUP District Public Defender Attorney General & Reporter PAULA R. VOSS TODD R. KELLEY Assistant Public Defender Assistant Attorney General 2nd Floor, Cordell Hull Building JAMIE L. NILAND 425 Fifth Avenue North Assistant Public Defender Nashville, TN 37243 1209 Euclid Avenue Knoxville, TN 37921 RANDALL E. NICHOLS District Attorney General SCOTT GREEN Asst District Attorney General City-County Building Knoxville, TN 37902 Judge:WOODALL First Paragraph: Defendant, Brian Daniel, appeals pursuant to Rule 37(b)(2)(i) of the Tennessee Rules of Criminal Procedure. He pled guilty to possession of marijuana and reserved, with the consent of the State and the trial court, the right to appeal a certified question of law that is dispositive of the case. After review of the entire record and the briefs and arguments of both parties, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/danielbe_opn.WP6 STATE OF TENNESSEE vs. JOHN CLARK GARRISON Court:TCCA Attorneys: For Appellant: For Appellee: Gregory P. Isaacs Charles W. Burson Isaacs, Rayson & Ramsey Attorney General and Reporter 280 One Centre Square P.O. Box 2448 Darian B. Taylor Knoxville, TN 37901-2448 Assistant Attorney General 450 James Robertson Parkway Nashville, Tennessee 37243-0493 Randall E. Nichols District Attorney General C. Leon Franks Asst. District Attorney General City-County Building Knoxville, Tennessee 37902 Judge:DENDER First Paragraph: This is an appeal as of right from the judgment of the trial court at appellant's re-sentencing hearing on September 1, 1995. URL:http://www.tba.org/tba_files/TCCA/garrison_opn.WP6 STATE OF TENNESSEE vs. SCOTTY L. HAYCRAFT Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GERALD L. GULLEY, JR. JOHN KNOX WALKUP P.O. Box 1708 Attorney General & Reporter Knoxville, TN 37901 (On Appeal) TIMOTHY F. BEHAN Asst. Attorney General LESLIE HALE 425 Fifth Ave., North Asst. Public Defender Cordell Hull Bldg., Second Fl. P. O. Box 839 Nashville, TN 37243-0493 Blountville, TN 37617 (At Trial) H. GREELEY WELLS, JR. District Attorney General ROBERT H. MONTGOMERY Asst. District Attorney General P.O. Box 526 Blountville, TN 37617 Judge:PEAY First Paragraph: In July 1996, the Sullivan County grand jury indicted the defendant on one count of violating the Motor Vehicle Habitual Offenders Act. He pled guilty and was sentenced as a Range III persistent offender and was ordered to serve five years in the Tennessee Department of Correction. In this appeal, the defendant argues that the trial court erred when it denied his request to be placed on Community Corrections. After a review of the record and applicable law, we find no error and affirm the judgment of the court below. URL:http://www.tba.org/tba_files/TCCA/haycraft_opn.WP6 STATE OF TENNESSEE vs. MICHAEL DOUGLAS HUGHES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SAM E. WALLACE, JR. JOHN KNOX WALKUP 227 Second Avenue North Attorney General & Reporter Nashville, TN 37201 TIMOTHY F. BEHAN Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 VICTOR S. JOHNSON, III District Attorney General LILA STATOM Assistant District Attorney General Washington Square 222 Second Avenue North, Suite 500 Nashville, TN 37201-1649 Judge:WOODALL First Paragraph: The Defendant, Michael Douglas Hughes, appeals as of right from the sentencing order of the Davidson County Criminal Court. The Defendant was indicted on eleven (11) counts of aggravated rape by the unlawful sexual penetration of a child less than thirteen (13) years of age. Defendant pled no contest to one (1) count of aggravated rape and guilty to ten (10) counts of aggravated rape. The trial court sentenced Defendant to twenty (20) years for each count, with the sentences for four (4) of these counts to run consecutively to each other and the remaining counts to be served concurrently to each other. The total effective sentence is eighty (80) years. URL:http://www.tba.org/tba_files/TCCA/hughesmd_opn.WP6 STATE OF TENNESSEE vs. FRED NUCHOLS Court:TCCA Attorneys: FOR THE APPELLANT: C. MICHAEL ROBBINS 3074 East Street Memphis, TN 38128 (On Appeal) RAYMOND MACK GARNER District Public Defender 419 High Street Maryville, TN 37804-4912 (At Trial) FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter CLINTON J. MORGAN Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 MICHAEL L. FLYNN District Attorney General PHILIP H. MORTON Assistant District Attorney General 363 Court Street Maryville, TN 37804-5906 Judge:RILEY First Paragraph: The defendant, Fred Nuchols, appeals his Blount County jury convictions for driving under the influence of an intoxicant, third offense, and driving on a revoked license, third offense. The sole issue presented for review is whether the trial court erred in permitting the state to recall a witness in rebuttal. The judgment of the trial court is affirmed. URL:http://www.tba.org/tba_files/TCCA/nucholsf_opn.WP6 STATE OF TENNESSEE vs. TERRY FRANKLIN STOGDILL Court:TCCA Attorneys: For the Appellant: For the Appellee: Martha J. Yoakum Charles W. Burson District Public Defender Attorney General of Tennessee P.O. Box 386 and Tazewell, TN 37879-0386 Michael J. Fahey (AT TRIAL AND ON APPEAL) Asst Attorney General of TN 450 James Robertson Parkway Charles Herman Nashville, TN 37243-0493 John Beaty John McAfee William Paul Phillips Assistant Public Defenders District Attorney General P.O. Box 386 P.O. Box 10 Tazewell, TN 37879-0386 Huntsville, TN 37756-0010 (AT TRIAL) and Shayne Sexton Asst District Attorney General P.O. Box 455 Tazewell, TN 37879-0455 Judge:Tipton First Paragraph: The defendant, Terry Franklin Stogdill, appeals as of right from his convictions by a jury in the Claiborne County Criminal Court for rape of a child, a Class A felony, and incest, a Class C felony. The defendant was sentenced as a Range I, standard offender to concurrent sentences of twenty years and five years in the custody of the Department of Correction. URL:http://www.tba.org/tba_files/TCCA/stogditf_opn.WP6 STATE OF TENNESSEE vs. JACK KEVIN SUTTON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: KARL DEAN JOHN KNOX WALKUP District Public Defender Attorney General & Reporter JEFFREY A. DeVASHER LISA A. NAYLOR Assistant Public Defender Assistant Attorney General (On Appeal) 2nd Floor, Cordell Hull Building 425 Fifth Avenue North DAVID BAKER Nashville, TN 37243 Senior Asst Public Defender 1202 Stahlman Building VICTOR S. JOHNSON, III Nashville, TN 37201 District Attorney General (At Trial) KATRIN MILLER Asst District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge:WOODALL First Paragraph: The Defendant, Jack Kevin Sutton, appeals as of right the sentences imposed by the Davidson County Criminal Court. Defendant pled guilty to two counts of simple robbery, one count of aggravated burglary, one count of assault, and one count of theft of property. The trial court sentenced Defendant as a Range I Standard Offender to three consecutive five-year sentences for the robbery and burglary convictions, and two eleven month and 29-day sentences for the assault and theft convictions. The latter two sentences were ordered to run concurrently to the others. In this appeal, Defendant argues that the sentences imposed were excessive and that consecutive sentences were not proper. Although we disagree with the trial court's application of two enhancement factors, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/suttonjk_opn.WP6
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