What follows is the case style or name, first paragraph, author's name, and the names of the attorneys for the parties of each opinion released today from Tennessee's three appellate courts.
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Lucian T. Pera
STATE OF TENNESSEE vs. HOWARD E. KING Court:TSC Attorneys: For Appellant: For Appellee: A. C. WHARTON, JR. JOHN KNOX WALKUP Public Defender Attorney General and Reporter WALKER GWINN MICHAEL E. MOORE Assistant Public Defender Solicitor General Memphis, Tennessee LINDA A. ROSS Associate Solicitor General Nashville, Tennessee WILLIAM L. GIBBONS District Attorney General DAVID C. HENRY Assistant District Attorney Memphis, Tennessee Judge: BIRCH First Paragraph: We granted permission to appeal under Tenn. R. App. P. 11 to Howard E. King, the appellant, in order to address the constitutionality of Tenn. Code Ann. S 40-35-201(b)(2) (Supp. 1994), which requires trial courts to instruct juries regarding parole and release eligibility when a jury instruction on the sentencing range is requested by either party. Because we find that the statute does not violate the separation of powers doctrine or deprive the appellant of his due process right to a fair trial, we conclude that the statute, as applied under the circumstances of this case, is constitutional. URL:http://www.tba.org/tba_files/TSC/kingh_opn.WP6 IN RE: PETITION OF THE TENNESSEE COMMISSION ON CONTINUING LEGAL EDUCATION AND SPECIALIZATION TO AMEND TENNESSEE SUPREME COURT RULE 21 Court:TSC First Paragraph: The Tennessee Commission on Continuing Legal Education and Specialization has petitioned the Court to amend Supreme Court Rule 21 to modify and expand various provisions relative to the duties of the Commission and to the methods by which CLE credit may be earned. URL:http://www.tba.org/tba_files/TSC/r21oa_ord.WP6 WHITEHAVEN COMMUNITY BAPTIST CHURCH, FORMERLY KNOWN AS FAIRWAY MISSIONARY BAPTIST CHURCH, AND T.L. JAMES, SR. vs. ALCUS HOLLOWAY AND GENEVA HOLLOWAY Court:TSC Attorneys: FOR APPELLANTS: FOR APPELLEES: Charles R. Curbo Herschel L. Rosenberg Memphis Memphis Judge: HOLDER First Paragraph: We granted this appeal to determine whether summary judgment was properly granted in this case involving claims for recision of contract and unjust enrichment. The Court of Appeals affirmed the trial court's order granting the defendants' motion for summary judgment on both issues. Upon review, we affirm the appellate court as modified. URL:http://www.tba.org/tba_files/TSC/whitecom_opn.WP6 JOHNNY T. BROWN vs. STATE OF TENNESSEE Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Mary G. Moody Larry R. Dorning Assistant Attorney General 403 E. Main Street 426 Fifth Avenue North Hohenwald, Tennessee 38462-1541 Second Floor, Cordell Hull Bldg. Nashville, Tennessee 37243 Thomas F. Bloom 500 Church Street, 5th Floor Nashville, Tennessee 37219 Judge: CHILDERS First Paragraph: In this case the Commissioner of Claims found that the claimant/appellee was entitled to total disability payments from August 9, 1994 through November 9, 1994, in the amount of $3,617.57. The Commissioner also found that the claimant sustained a permanent partial impairment of 50% to the body as a whole in the amount of $55,050. Further, the Commissioner found that the State was not liable for payment of any medical expenses incurred for the services of Jackson-Madison County General associated with the claimant's August 9, 1994 surgery or for any deposition fees or medical bills of Dr. George Copple, Dr. Ray Hester or Dr. Joseph P. Rowland. Attorney's fees in the amount of $11,733.51 (20%) were awarded to the claimant. Because the evidence preponderates in favor of the decision of the Claims Commissioner, we affirm. URL:http://www.tba.org/tba_files/TSC_WCP/brownjoh_opn.WP6 PEGGY S. MALLICOAT vs. C.R. DANIELS, INC., and NORTHBROOK NATIONAL INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellees: James L. Milligan, Jr. Paul D. Hogan Law Offices of James L. Milligan, Jr. Hogan & Hogan and Associates 620 West Hill Avenue 607 Market Street, 10th Floor Knoxville, TN 37902 Knoxville, TN 37902 Judge: First Paragraph: Review of the findings of fact made by the trial court is de novo upon the record of the trial court, accompanied by a presumption of the correctness of the findings, unless the preponderance of the evidence is otherwise. Tenn. Code Ann. S 50-6-225(e)(2); Stone v. City of McMinnville, 896 S.W.2d 548, 550 (Tenn. 1995). The application of this standard requires this Court to weigh in more depth the factual findings and conclusions of the trial court in a workers' compensation case. See Corcoran v. Foster Auto GMC, Inc., 746 S.W.2d 452, 456 (Tenn. 1988). URL:http://www.tba.org/tba_files/TSC_WCP/mallico2_wc.WP6 WILLIAM MICHAEL ANDERTON vs. EVELYN ADELE MORGAN ANDERTON OPINION ON PETITION FOR REHEARING Court:TCA First Paragraph: Mr. Anderton has filed a Tenn. R. App. P. 39 petition for rehearing and a Tenn. R. App. P. 14 motion to consider post-judgment facts with regard to his actual gross income in 1996 and 1997. Ms. Anderton has filed a response to these motions. We have determined that Mr. Anderton's motions should be granted. URL:http://www.tba.org/tba_files/TCA/anderton_reh.WP6 ELIZABETH DAVIS BLACK vs. MICHAEL WALTER BLACK Court:TCA Attorneys: David W. Noblitt, Esq., BPR #006685 LEITNER, WILLIAMS, DOOLEY & NAPOLITAN, PLLC Pioneer Building, Third Floor Chattanooga, Tennessee 37402 ATTORNEY FOR PLAINTIFF/APPELLANT Charles G. Jenkins, Jr., BPR #014909 JENKINS & FEATHERSTON, P.C. 102 Betsy Pack Drive Jasper, Tennessee 37347 ATTORNEY FOR DEFENDANT/APPELLEE Judge: TODD First Paragraph: This appeal involves post-divorce petitions for change of custody and child support. The mother, Elizabeth Davis Black (Tepas), has appealed from the judgment of the Trial Court transferring custody of the eleven year old daughter, Chelsea, from the mother to the father, Michael Walter Black, and relieving him of the obligation of child support while the child was in the custody of the father by agreement of the parties. URL:http://www.tba.org/tba_files/TCA/blacked_opn.WP6 BOILER SUPPLY COMPANY, INC. vs. LUNN REAL ESTATE INVESTMENTS,INC Court:TCA Attorneys: For Plaintiff/Appellant: For Defendant/Appellee: Charles Patrick Flynn Stephen H. Price Gerald D. Neenan FARRIS, WARFIELD & KANADAY FLYNN AND NEENAN Nashville, Tennessee Nashville, Tennessee John B. Link, III Nashville, Tennessee Judge: KOCH First Paragraph: This appeal involves a dispute over the interpretation of a provision allocating the responsibility for paying legal expenses in the event of a default or breach of two leases. The lessee filed suit against the lessor in the Chancery Court for Davidson County seeking a declaration that the leases had expired and requesting its attorney's fees in accordance with the provisions of the lease agreements. The trial court granted the lessee's motion for summary judgment and declared that the leases had expired but denied the lessee's claim for legal expenses. The lessee has appealed. We have determined that the trial court correctly interpreted the lease agreements and, therefore, affirm the summary judgment. URL:http://www.tba.org/tba_files/TCA/boilersu_opn.WP6 DANNIE JOE CHRISTMAS and SHARON CHRISTMAS vs. RALPH MOORE and LINDA MOORE Court:TCA Attorneys: For the Plaintiffs/Appellees: For the Defendants/Appellants: Greg Leffew Linda Moore & Ralph Moore, Pro Se Rockwood, Tennessee Harriman, Tennessee Judge: LILLARD First Paragraph: This case involves the possession of real estate after foreclosure proceedings. After a bench trial, the trial court determined that Appellees were entitled to possession of the real estate in question. We affirm. URL:http://www.tba.org/tba_files/TCA/christmd_opn.WP6 JAMES E. COLLINS vs. TENNESSEE DEPARTMENT OF CORRECTION Court:TCA Attorneys: James E. Collins, #83465 R.M.S.I. Unit 6-A-226 7475 Cockrill Bend Road Nashville, Tennessee 37209-1010 PRO SE/ PLAINTIFF/APPELLANT John R. Miles, #013346 Cordell Hull Building, Second Floor 425 Fifth Avenue North Nashville, Tennessee 37243-0488 ATTORNEY FOR DEFENDANT /APPELLEE Judge: TODD First Paragraph: The captioned appellant is a prisoner in the punitive custody of the Tennessee Department of Correction. On February 19, 1997, he filed in the Trial Court a petition for declaratory judgment alleging that on November 16, 1996, he filed with the Department a petition for a declaratory order correcting an erroneous entry showing two life sentences which have been merged. URL:http://www.tba.org/tba_files/TCA/collinsj_opn.WP6 W. HUDSON CONNERY, JR., ET. AL. vs. COLUMBIA/HCA HEALTHCARE WITH CONCURRING OPINION Court:TCA Attorneys: Robert S. Patterson, #6189 Patricia Head Moskal, #11621 BOULT, CUMMINGS, CONNERS & BERRY, PLC 414 Union Street, Suite 1600 P.O. Box 198063 Nashville Tennessee 37219 ATTORNEYS FOR PLAINTIFFS/APPELLANTS Paul S. Davidson, #11789 Charles W. Cook, III, #14274 STOKES & BARTHOLOMEW, P.A. 2800 SunTrust Center 424 Church Street Nashville Tennessee 37219 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge: TODD First Paragraph: Twenty former employees of "HealthTrust," a ____________ sued HealthTrust and its "successor in interest," Columbia Health Care Corporation, to recover share of stock (or the value thereof) which they had purchased with earned bonuses and for the value of shares of stock due some of the plaintiffs due them upon discharge. Two of the plaintiffs nonsuited, leaving eighteen. URL:http://www.tba.org/tba_files/TCA/connerwc_con.WP6 URL:http://www.tba.org/tba_files/TCA/conneryw_opn.WP6 CONSUMER ADVOCATE DIVISION VS. TENNESSEE REGULATORY AUTHORITY; NASHVILLE GAS COMPANY Court:TCA Attorneys: JOHN KNOX WALKUP Attorney General & Reporter L. VINCENT WILLIAMS Assistant Attorney General 425 Fifth Avenue North Nashville, Tennessee 37243 Attorney for Petitioner/Appellant H. EDWARD PHILLIPS, III Tennessee Regulatory Authority 460 James Robertson Parkway Nashville, Tennessee 37243-0505 Attorney for Respondent/Appellee Tennessee Regulatory Authority T. G. PAPPAS JOSEPH F. WELBORN III 2700 First American Center Nashville, Tennessee 37238 JERRY W. AMOS P. O. Box 787 Greensboro, North Carolina 27402 Attorneys for Respondent/Appellee Nashville Gas Company HENRY WALKER 414 Union Street, Suite 1600 Nashville, Tennessee 37219 Attorney for Intervening Appellant Associated Valley Industries Judge: CANTRELL First Paragraph: his petition under Rule 12, Tenn. R. App. Proc., to review a rate making order of the Tennessee Regulatory Authority presents a host of procedural and substantive issues. We affirm the agency order. URL:http://www.tba.org/tba_files/TCA/consadv_opn.WP6 JAMES F. COOK, JR., d/b/a COOK PROPERTIES vs. CONSOLIDATED STORES CORP., BELZ INVESTCO, L.P., URCO, INC., UNION REALTY CO., LTD., and SOUTH PLAZA CO. Court:TCA Attorneys: For Plaintiff/Appellant: For Defendant/Appellee Consolidated Stores Corp.: Hugh C. Howser, Jr. Kathryn J. Ladd Karyn C. Bryant Trabue, Sturdivant & DeWitt Boult, Cummings, Conners & Berry Nashville, Tennessee Nashville, Tennessee For Defendants/Appellees Belz, URCO, Union Realty, & South Plaza: John M. Gillum John W. Heacock Manier, Herrod, Hollabaugh & Smith Nashville, Tennessee Judge: KOCH First Paragraph: This appeal involves a dispute over a real estate commission on four retail properties in Memphis. After a former client leased these properties, a real estate broker filed suit in the Chancery Court for Davidson County seeking a commission from its former client and the lessors of the four properties. The trial court granted the former client's motion for summary judgment and, following a bench trial, dismissed the broker's claims against the four lessors. On this appeal, the broker asserts that the trial court erred by granting his former client's summary judgment motion and that the evidence preponderates against the trial court's dismissal of his claims against the four lessors. We have determined that the trial court properly granted the summary judgment motion and that the evidence does not preponderate against the trial court's judgment in favor of the four lessors. URL:http://www.tba.org/tba_files/TCA/cookjf_opn.WP6 BENNIE DAY and KAREN DAY vs. CITY OF DECHERD, OTIS B. SMITH, JR., MAYOR, HANK WEDDINGTON, BILL VAN HOOSIER, FRANK GREEN, AND DARYL DONEY, COMMISSIONERS WITH CONCURRING OPINION Court:TCA Attorneys: MICHELLE M. BENJAMIN 102 First Avenue, N.W. P. O. Box 177 Winchester, TN 37398 Attorney for Petitioners/Appellants J. RUSSELL FARRAR DEBORAH R. SOWELL FARRAR & BATES 211 Seventh Street No., Suite 320 Nashville, Tennessee 37219-1823 Attorney for Respondents/Appellees Judge: CANTRELL First Paragraph: Property owners alleged in a petition for common law certiorari that the city of Decherd acted arbitrarily and capriciously in refusing to rezone their property from residential to commercial. The Chancery Court of Franklin County dismissed the petition. We affirm. URL:http://www.tba.org/tba_files/TCA/daybc_con.WP6 URL:http://www.tba.org/tba_files/TCA/dayb_opn.WP6 CHARLES F. GAULDEN, and Wife, RUTH S. GAULDEN vs. ROBERT L. SCRUGGS, and Wife, JOYCE W. SCRUGGS Court:TCA Attorneys: ROBERT A. ANDERSON 2021 Richard Jones Road, Suite 350 Nashville, Tennessee 37215 Attorney for Plaintiffs/Appellants NADER BAYDOUN JOHN I. HARRIS III Suite 2420, Nashville City Center 511 Union Street Nashville, Tennessee 37219 Attorneys for Defendants/Appellees Judge: CANTRELL First Paragraph: The question in this case is whether a purchaser of mortgaged property, who pays off the mortgage, takes an assignment of the note and deed of trust, and subsequently releases the deed of trust, can then sue the original mortgagee on the note. The Chancery Court of Davidson County dismissed the action. We affirm. URL:http://www.tba.org/tba_files/TCA/gauldcf_opn.WP6 GRETCHEN HART vs. RONALD RICK HART Court:TCA Attorneys: J. Russell Heldman, #9989 320 Main Street, Suite 101 Franklin, Tennessee 37064 John J. Hollins, #2452 HOLLINS, WAGSTER & YARBROUGH, P.C. Suite 2210, SunTrust Center 424 Church Street Nashville, Tennessee 37219 ATTORNEYS FOR PLAINTIFF/APPELLANT James G. Martin, III, #3083 FARRIS, WARFIELD & KANADAY, PLC Eighteenth Floor, SunTrust Center 424 Church Street Nashville, Tennessee 37219 ATTORNEY FOR DEFENDANT/APPELLEE Judge: TODD First Paragraph: This is a post-divorce decree proceeding to adjust the amount of periodic alimony. The wife has appealed from the judgment of the Trial Court increasing the alimony from $1,000 per month to $1,350 per month. URL:http://www.tba.org/tba_files/TCA/hartgret_opn.WP6 VIRGIL L. HITCHCOCK and SHIRLEY R. HITCHCOCK vs. ALLEN S. BOYD, JR., M.D., JAMES D. ACKER, M.D., and SEMMES-MURPHY CLINIC, INC., a Tennessee Professional Corporation Court:TCA Attorneys: For the Plaintiffs/Appellants: For the Defendants/Appellees: Al H. Thomas Albert C. Harvey Ira M. Thomas John W. Rodgers Memphis, Tennessee Memphis, Tennessee Judge: LILLARD First Paragraph: In this medical malpractice case, the plaintiff alleges that counsel for the defendants committed misconduct during the trial and appeals the trial court's denial of the plaintiff's motion for a new trial. We affirm. URL:http://www.tba.org/tba_files/TCA/hitchcov_opn.WP6 K-TESTING LAB, INC. vs. ESTATE OF LARRY L. KENNON, BRENDA L. KENNON, EXECUTRIX Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: Louis R. Lucas Warner Hodges, III Russell X. Thompson Germantown, Tennessee Memphis, Tennessee Judge: LILLARD First Paragraph: At issue in this case is a stock redemption agreement executed by the owners of a closely held corporation. The Chancellor issued a mandatory injunction instructing the holder of the stock certificates to abide by the stock redemption agreement and turn over the shares to the corporation, and the holder appealed. We affirm in part and reverse in part. URL:http://www.tba.org/tba_files/TCA/ktesting_opn.WP6 IN THE MATTER OF: S.M.L., (DOB 12/26/88), C.B.L., (DOB 4/14/92), D.K.J., (DOB 5/8/93), Children under the age of 18 Court:TCA OPINION ON PETITION FOR REHEARING First Paragraph: C.L.H. has filed a timely Tenn. R. App. P. 39 petition for rehearing and a Tenn. R. App. P. 14 motion to consider post-judgment facts. She asserts that our original opinion filed on June 12, 1998 misapprehends material facts with regard to her more recent self-improvement efforts, and she offers new evidence regarding her educational attainments and the stability of her living environment. URL:http://www.tba.org/tba_files/TCA/lake_reh.WP6 ADOLPH C. LAVIN and JEAN LAVIN, surviving parents of TROY JAMES LAVIN, Deceased, and ADOLPH C. LAVIN, in his capacity as Administrator of the estate of TROY JAMES LAVIN, vs. ROSS JORDON, SUSAN JORDON, and SEAN JORDON Court:TCA Attorneys: Charles R. Ray, #3188 Vincent E. Wehby, #2288 211 Third Avenue North 501 Union Street, Suite 500 Nashville, Tennessee 37219-8288 Nashville, Tennessee 37219-2305 ATTORNEYS FOR PLAINTIFFS/APPELLANTS John L. Norris, #6007 HOLLINS, WAGSTER & YARBROUGH, P.C. Suite 2210, 424 Church Street SunTrust Center Nashville, Tennessee 37219 ATTORNEY FOR DEFENDANTS/APPELLEES Judge: TODD First Paragraph: The plaintiff, Adolph C. Lavin and wife, Jean Lavin, surviving parents of Troy James Lavin, brought this action against Ross and Susan Jordon and their son, Sean Jordon, for the wrongful death of Troy Lavin, who was shot and killed by Sean Jordon. The Trial Judge entered an interlocutory partial judgment on the pleadings limiting the recovery from the parents of Sean Jordon to $10,000.00 pursuant to T.C.A. SS 37-10-101, 102 and 103. URL:http://www.tba.org/tba_files/TCA/lavinac_opn.WP6 Lionel L. Lulow and wife, Nancy Lulow vs. Earl Poss and Carl Poss Court:TCA Attorneys: FRANK BUCK LENA ANN BUCK 124 West Main Street Smithville, Tennessee 37166 ATTORNEYS FOR THE PLAINTIFFS/APPELLEES A. VESTER PARSLEY, JR. 111 West Main Street Smithville, Tennessee 37166 ATTORNEY FOR THE DEFENDANTS/APPELLANTS Judge: BUSSART First Paragraph: This is an appeal by defendants/appellants, Earl and Carl Poss, from a decision of the chancery court in a boundary dispute. It is the Posses contention that the chancery court erred when it approved the survey entered into evidence by the plaintiffs/appellees, Lionel and Nancy Lulow. URL:http://www.tba.org/tba_files/TCA/lulowl_opn.WP6 CHARLES MONTAGUE vs. TENNESSEE DEPARTMENT OF CORRECTIONS Court:TCA First Paragraph: The appellant's second petition for rehearing is denied, and the costs incident thereto are adjudged against the appellant. URL:http://www.tba.org/tba_files/TCA/montag3_ord.WP6 ETTA MECHELLE PARKS vs. CRAIG DEWAYNE PARK Court:TCA Attorneys: For Appellant For Appellee JOHNNY V. DUNAWAY J. STEPHEN HURST Dunaway Law Office Rogers, Hurst & Kruskenski LaFollette, Tennessee LaFollette, Tennessee Judge: Susano First Paragraph: In this divorce case, the appellant Etta Mechelle Parks argues that the trial court erred in awarding her former husband, Craig Dewayne Parks, custody of their two boys, ages seven and almost four. We do not find that the evidence preponderates against the trial court's custody decree. See Rule 13(d), T.R.A.P.; Hass v. Knighton, 676 S.W.2d 554, 555 (Tenn. 1984). Accordingly, we cannot say that the trial court abused its discretion in placing the children's sole custody with Mr. Parks. See Grant v. Grant, 286 S.W.2d 349, 350 (Tenn.App. 1954). URL:http://www.tba.org/tba_files/TCA/parksem_opn.WP6 RAZORBACK MARBLE MANUFACTURING CO., INC. vs. D.D. ROBERTS, ROBERTS CONSTRUCTION COMPANY, NARAN P. PATEL, KUSUM N. PATEL, and HERITAGE BANK Court:TCA Attorneys: RODGER N. BOWMAN 601 North Second Street, Suite 4 Clarksville, Tennessee 37041-1404 Attorney for Plaintiff/Appellee LARRY J. WALLACE 118 Franklin Street Clarksville, TN 37040 Attorney for Defendants/Appellants Judge: CANTRELL First Paragraph: In this construction contract dispute, the Chancery Court of Montgomery County granted a judgment plus prejudgment interest to Razorback Marble Manufacturing Company, Inc. On appeal, Roberts Construction Company, Inc. and D. D. Roberts, Individually, raise issues pertaining to the Contractor's Licensing statutes and the Notice of Non-Payments statute. Razorback insists that it was due a larger judgment and a greater award of prejudgment interest. URL:http://www.tba.org/tba_files/TCA/razorbac_opn.WP6 IN THE MATTER OF: THE ESTATE OF MARY ARDELLE GOWER WILLIAM STEVEN JONES, Executor of the Estate of Mary Ardelle Gower vs. TYSON ROBERTSON, BESSIE LEWIS, DANNY GOBBELL, PAT HENKEL and MARILYN WHITTEN Court:TCA Attorneys: JERRY SCOTT JOHN KEA Scott & Kea 110 City Center Building 100 East Vine Street P. O. Box 1216 Murfreesboro, Tennessee 37133-1246 ATTORNEYS FOR APPELLANT RANDY HILLHOUSE Hillhouse & Huddleston 212 Pulaski Street P. O. Box 787 Lawrenceburg, Tennessee 38464 ATTORNEY FOR APPELLEES Judge: CAIN First Paragraph: Mary Ardelle Gower died on August 11, 1995 in Wayne County, Tennessee at the age of 73. Her will was offered for probate by William Steven Jones, the executor therein named and the sole beneficiary of the will. URL:http://www.tba.org/tba_files/TCA/robertso_opn.WP6 WILLIE BACON, JR. vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Ardena J. Garth Charles W. Burson District Public Defender Attorney General of Tennessee and and Donna Robinson Miller Michael J. Fahey, II Assistant Public Defender Asst Attorney General of Tennessee Suite 300, 701 Cherry Street 450 James Robertson Parkway Chattanooga, TN 37402 Nashville, TN 37243-0493 William H. Cox, III District Attorney General and C. Leland Davis Asst District Attorney General City-County Building Chattanooga, TN 37402 Judge: Tipton First Paragraph: The petitioner, Willie Bacon, Jr., appeals as of right from the Hamilton County Criminal Court's denial of post-conviction relief after an evidentiary hearing. He contends that he is entitled to post-conviction relief because the reasonable doubt and malice instructions given at his trial violated his due process and equal protection rights and because he received the ineffective assistance of counsel. We disagree and affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/baconw_opn.WP6 STATE OF TENNESSEE vs. OHMAR DESHAWN BRADEN Court:TCCA Attorneys: For the Appellant: For the Appellee: Lionel R. Barrett, Jr. John Knox Walkup Washington Square Two Attorney General of Tennessee 222 2nd Avenue, North and Nashville, TN 37201 Elizabeth B. Marney Asst Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 Victor S. Johnson, III District Attorney General and Paul DeWitt Assistant District Attorney General Washington Square 222 2nd Avenue, North Nashville, TN 37201-1649 Judge: Tipton First Paragraph: The defendant, Ohmar Deshawn Braden, appeals as of right from his conviction by a jury in the Davidson County Criminal Court for reckless homicide, a Class D felony. He received a three-year sentence as a Range I, standard offender to be served in the Davidson County Workhouse. The defendant presents one issue for review: whether the evidence was sufficient to support the jury's verdict that the defendant's conduct in shooting the victim constituted reckless homicide. We hold that the evidence was sufficient to support the conviction for reckless homicide. URL:http://www.tba.org/tba_files/TCCA/bradenod_opn.WP6 STATE OF TENNESSEE vs. VADA ALLEN BRANCH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: G. STEPHEN DAVIS JOHN KNOX WALKUP District Public Defender Attorney General & Reporter P.O. Box 742 Dyersburg, TN 38024 GEORGIA BLYTHE FELNER Asst. Attorney General John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243 0493 C. PHILLIP BIVENS District Attorney General P.O. Box E Dyersburg, TN 38024 Judge: PEAY First Paragraph: The defendant was indicted with (a) possession of cocaine in an amount over .5 grams with intent to sell or deliver, and (b) possession of marijuana less than one-half ounce. Following a bench trial, the defendant was found guilty of both offenses and sentenced to thirteen years in the Department of Correction. In this appeal as of right, the defendant argues that the evidence is insufficient to support a conviction for possession of cocaine with intent to sell. Finding no merit in the defendant's argument, we affirm. URL:http://www.tba.org/tba_files/TCCA/branchv_opn.WP6 JERRY DWAINE CAMMUSE vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Terry J. Canady John Knox Walkup Attorney for Appellant Attorney General and Reporter 211 Printer's Alley Bldg. Suite 400 Elizabeth B. Marney Nashville, TN 37201 Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Victor S. (Torry) Johnson III District Attorney General Rosemary Sexton Asst. District Attorney General Washington Square, Suite 500 222-2nd Avenue North Nashville, TN 37201 Judge: Hayes First Paragraph: The appellant, Jerry Dwaine Cammuse, appeals the dismissal of his petition for post-conviction relief by the Davidson County Criminal Court. On November 30, 1990, a jury found the appellant guilty of twenty-two felonies, resulting in an effective sentence of 150 years imprisonment. His convictions were affirmed on direct appeal to this court. See State v. Cammuse, No. 01C01-9107-CR-00216 (Tenn. Crim. App. at Nashville, Apr. 29, 1992), perm. to appeal denied, (Tenn. Sept. 14, 1992). The appellant filed this pro se petition for post-conviction relief in April 1995. In October 1995, following the appointment of counsel, the petition was amended. An evidentiary hearing in this cause was held on April 7, 1997, and the appellant's petition was dismissed by the trial court on May 6, 1997. The appellant appeals this dismissal alleging as error (1) that he was denied the effective assistance of counsel and (2) prosecutorial misconduct. URL:http://www.tba.org/tba_files/TCCA/cammusej_opn.WP6 JASON JERMAINE DOBBINS vs. STATE OF TENNESSEE Court:TCCA Judge: WELLES First Paragraph: This matter is before the Court upon the state's motion requesting that the judgment in the above-styled cause be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. Upon reviewing the record, we find that the trial court properly held that the appellant's petition for post-conviction relief was barred by the one-year statute of limitation. Accordingly, we affirm the judgment pursuant to Rule 20. URL:http://www.tba.org/tba_files/TCCA/dobbins1_ord.WP6 STATE OF TENNESSEE vs. SIDNEY M. EWING Court:TCCA Attorneys: For Appellant: For Appellee: John B. Blair, III John Knox Walkup 176 Second Avenue North Attorney General & Reporter Suite 406 Nashville, TN 37201 Lisa A. Naylor Assistant Attorney General Cordell Hull Building, 2ndFloor Criminal Justice Division 425 Fifth Avenue North ashville, TN 37243-0493 Kimberly Haas Asst District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge: WADE First Paragraph: The defendant, Sidney M. Ewing, was convicted of the felony murder and attempted especially aggravated robbery of James Mayberry and the simple assault of Gary Frye. The jury returned a sentence of life without parole for the felony murder. The trial court imposed a Range I, twelve-year sentence for the attempted especially aggravated robbery conviction and an eleven-month, twenty nine-day sentence for the simple assault conviction. All sentences are to be served concurrently. URL:http://www.tba.org/tba_files/TCCA/ewingsm_opn.WP6 STATE OF TENNESSEE vs. LARRY FRANKS AND WILLIAM TURNER Court:TCCA Attorneys: FOR THE APPELLANT FOR THE APPELLEE Bobby McGee John Knox Walkup Attorney at law Attorney General and Reporter P. O. Box 327 425 Fifth Avenue, North 122 East Main St. Nashville, TN 37243 Linden, TN 37096 Deborah A. Tullis Assistant Attorney General 425 Fifth Avenue, North Nashville, TN 378243 Joseph D. Baugh District Attorney General Donald W. Schwendiman Assistant District Attorney General Hohenwald, TN Judge: LAFFERTY First Paragraph: he defendants, Larry Franks and William Turner, were found guilty of insurance fraud in violation of Tenn. Code Ann. S 39-14-133 by a Lewis County jury. Following the over-ruling of a motion for a new trial, the trial court sentenced the defendant, Franks, to three (3) years in the Department of Correction and a fine of $2,500. Franks was placed on probation for four (4) years and as a condition of probation was ordered to serve 45 days, day for day. The defendant, Turner, received a sentence of two (2) years in the Department of Correction and a fine of $1,200. Turner was placed on a three (3) year probation term and was ordered to serve 25 days, day for day. URL:http://www.tba.org/tba_files/TCCA/franksl_opn.WP6 STATE OF TENNESSEE vs. ALONZO GENTRY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHARLES S. KELLY JOHN KNOX WALKUP 802 Troy Ave. Attorney General & Reporter P.O. Box 507 Dyersburg, TN 38025 ELIZABETH T. RYAN Asst. Attorney General 425 Fifth Ave., North Cordell Hull Bldg., Second Fl. Nashville, TN 37243-0493 TOM CRIDER District Attorney General BRIAN FULLER Asst. District Attorney General 110 South College St. Suite 200 Trenton, TN 38382 Judge: PEAY First Paragraph: The defendant was indicted on May 19, 1997, on charges of possession with intent to sell or deliver more than .5 grams of cocaine, evading arrest, and public intoxication. The defendant pled guilty to the first two indicted offenses and was sentenced as a Range I standard offender to eight years on the possession conviction and to eleven months, twenty-nine days on the evading arrest conviction. The sentences are to be served concurrently. Prior to pleading guilty, the defendant reserved a certified question regarding the validity of the stop and pat down search of his outer clothing. After a review of the record and applicable law, we remand this case to the trial court for findings of fact. URL:http://www.tba.org/tba_files/TCCA/gentrya_opn.WP6 STATE OF TENNESSEE vs. JAMES ALLEN GOOCH, SR Court:TCCA Attorneys: For the Appellant: For the Appellee: Mark W. Henderson John Knox Walkup 1719 West End Avenue Attorney General of Tennessee Suite 600-E and Nashville, TN 37203 Georgia Blythe Felner Asst Attorney General of Tennessee 450 James Robertson Parkway Nashville, TN 37243-0493 Lawrence Ray Whitley District Attorney General and Dee Gay Asst District Attorney General 113 West Main Street Gallatin, TN 37066 Judge: Tipton First Paragraph: The defendant, James Allen Gooch, Sr., a/k/a "Angie Foot," appeals as of right from his conviction upon a guilty plea in the Sumner County Criminal Court for the sale of under one-half gram of cocaine, a Class C felony. The defendant was charged with two counts of selling less than one-half gram of cocaine, possession of marijuana, and possession of drug paraphernalia. Pursuant to an agreement, the defendant entered a guilty plea to one count of selling less than one-half gram of cocaine, and the remaining charges were dismissed. The defendant was sentenced as a Range I, standard offender to five years in the custody of the Department of Correction. The trial court also imposed a two-thousand-dollar fine. The defendant contends that the trial court erred by failing to consider a sentence other than confinement by the Department of Correction. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/goochja_opn.WP6 STATE OF TENNESSEE vs. DAVID L. HATHAWAY WITH CONCURRING OPINION Court:TCCA Attorneys: For the Appellant: For the Appellee: Phillips M. Smalling John Knox Walkup Hassler & Smalling Attorney General & Reporter P.O. Box 340 Byrdstown, TN. 38549 Lisa A. Naylor Assistant Attorney General 2d Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN. 37243-0493 William E. Gibson District Attorney General Anthony J. Craighead Assistant District Attorney 145 South Jefferson Cookeville, TN. 38501-3424 Judge: BARKER First Paragraph: The appellant, David L. Hathaway, appeals as of right his conviction in the Criminal Court of Pickett County. After a bench trial, he was convicted of driving under the influence of an intoxicant ("D.U.I.") and was sentenced to a suspended term of six (6) months and one (1) hour in the county jail. The trial court revoked appellant's driver's license for one (1) year and ordered him to serve forty eight (48) hours in jail. Appellant was also ordered to pay a $350 fine. On appeal, the appellant challenges the admissibility of the results of his breathalyser examination and the sufficiency of the convicting evidence. After a review of the record, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/hathaway_con.WP6 URL:http://www.tba.org/tba_files/TCCA/hathaway_opn.WP6 STATE OF TENNESSEE vs. MARIO HAWKINS Court:TCCA Attorneys: For the Appellant: For the Appellee: William P. Griffin, IV John Knox Walkup 301 Realtors Bldg. Attorney General and Reporter 306 Gay Street Nashville, TN 37201 Ellen H. Pollack Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 Victor S. (Torry) Johnson III District Attorney General Kymberly Haas Asst. District Attorney General Washington Sq., Suite 500 222-2nd Ave. N Nashville, TN 37201-1649 Judge: Hayes First Paragraph: The appellant, Mario Hawkins, was found guilty by a Davidson County jury of the premeditated first degree murder of Cedric Mosley and was sentenced to life imprisonment in the Department of Correction. URL:http://www.tba.org/tba_files/TCCA/hawkinsm_opn.WP6 STATE OF TENNESSEE vs. MICHAEL DURAND HOLMES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Greg W. Eichelman John Knox Walkup District Public Defender Attorney General & Reporter Ethel P. Laws Sandy C. Patrick Assistant District PD Assistant Attorney General 1609 College Park Dr, Box 11 Criminal Justice Division Morristown, TN 37813-1618 425 5th Avenue North 2nd Floor, Cordell Hull Building Nashville, TN 37243-0493 C. Berkeley Bell District Attorney General 510 Allison Street Morristown, TN 37813 Judge: SUMMERS First Paragraph: The appellant, Michael Durand Holmes, appeals from the judgment of the Criminal Court of Hamblen County, affirming the district attorney general's denial of pretrial diversion. The appellant seeks to divert the offense of delivery of a controlled substance, crack cocaine. The appellant's sole issue on appeal is whether the trial court erred in finding that the district attorney general did not abuse his discretion in denying the appellant's application for pretrial diversion. We affirm. URL:http://www.tba.org/tba_files/TCCA/holmesmd_opn.WP6 STATE OF vs. RONNIE L. INGRAM Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A C WHARTON JOHN KNOX WALKUP Public Defender Attorney General & Reporter TONY N. BRAYTON DOUGLAS D. HIMES Asst. Public Defender Asst. Attorney General (On Appeal) John Sevier Bldg. 425 Fifth Ave., North DIANE THACKERY Nashville, TN 37243-0493 Asst. Public Defender 201 Poplar, Ste. 201 WILLIAM L. GIBBONS Memphis, TN 38103 District Attorney General (At Trial) TERRELL HARRIS Asst. District Attorney General 201 Poplar Ave., Third Fl. Memphis, TN 38103 Judge: PEAY First Paragraph: The defendant was indicted, charged, and convicted of burglary and sentenced as a career offender to twelve years imprisonment. In this appeal as of right, the defendant argues the evidence was insufficient to support a conviction for burglary since the State failed to prove intent to commit theft. Finding no merit in the defendant's argument, we affirm. URL:http://www.tba.org/tba_files/TCCA/ingramrl_opn.WP6 PHILIP E. KNIGHT vs. STATE OF TENNESSEE Court:TCCA Judge: WELLES First Paragraph: This matter is before the Court upon the state's motion requesting that the judgment in the above-styled cause be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. URL:http://www.tba.org/tba_files/TCCA/knight1p_ord.WP6 STATE OF TENNESSEE vs. ANTONIO MORROW Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: BRETT B. STEIN JOHN KNOX WALKUP 236 Adams Ave. Attorney General & Reporter Memphis, TN 38103 DOUGLAS D. HIMES Asst. Attorney General John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243 0493 WILLIAM L. GIBBONS District Attorney General JERRY KITCHEN Asst. District Attorney General 201 Poplar St., Suite 301 Memphis, TN 38103 Judge: PEAY First Paragraph: The defendant was convicted of first-degree murder and sentenced to life imprisonment. In this appeal as of right, he raises several issues: I. Whether the trial court erred in allowing the State to read the indictment to the jury; II. Whether the trial court correctly instructed the jury on lesser included offenses; III. Whether the trial court correctly instructed the jury as to the meaning of "reasonable doubt"; IV. Whether the trial court correctly instructed the jury regarding the defense of duress; and V. Whether the trial court properly refused to instruct the jury on the defense of duress in the absence of the defense presenting evidence; Finding no merit in the defendant's arguments, we affirm. URL:http://www.tba.org/tba_files/TCCA/morrowa_opn.WP6
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