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Lucian T. Pera
ROBERT HAROLD BOMELY, JR., v MID-AMERICA CORPORATION, d/b/a BURGER KING, and LARRY BRINTON, JR., DIRECTOR OF THE DIVISION OF WORKERS' COMPENSATION, TENNESSEE DEPARTMENT OF LABOR, SECOND INJURY FUND, Court:TSC For Appellee Bomely: For Appellee Mid-America Corporation, d/b/a Burger King: David H. Dunaway Dunaway & Associates Steven Johnson LaFollette Butler, Vines and Babb Knoxville For Appellant: John Knox Walkup Attorney General & Reporter Dianne Stamey Dycus Senior Counsel Nashville Judge: DROWOTA, J. First Paragraph: In this workers' compensation action the Second Injury Fund, defendant-appellant, has appealed from a judgment of the Chancery Court of Knox County which found the employee, Robert Bomely, plaintiff-appellee, to be totally and permanently disabled. The award was apportioned 65 percent to the employer, Mid-America Corporation, d/b/a Burger King, defendant-appellee, and 35 percent to the Second Injury Fund under Tenn. Code Ann. S 50-6-208(b). The trial court assessed the employer's liability based on 400 weeks of benefits and held the Second Injury Fund liable for the remaining 938 weeks of benefits (until the employee reached the age of 65). Thus, the employer's liability was limited to 65 percent of 400 weeks rather than 65 percent of the total number of weeks to age 65. We transferred this case from the Special Workers' Compensation Appeals Panel to decide whether it was proper to have limited the employer's liability in this fashion. After carefully examining the record before us and considering the relevant authorities, we conclude that the award should be apportioned between the employer and the Second Injury Fund based on the total number of weeks to age 65 rather than limiting the employer's liability to a percentage of 400 weeks. Accordingly, that portion of the trial court's judgment is reversed. We shall also address (1) whether an award of permanent total disability is subject to the monetary cap imposed by the 400 week maximum total benefit provision of Tenn. Code Ann. S 50-6-102(a)(6) and (2) whether the apportionment of benefits between the employer and the Second Injury Fund in this case is controlled by subsection (a) or (b) of Tenn. Code Ann. S 50-6-208. URL:http://www.tba.org/tba_files/TSC/bomely2_opn.WP6 STATE OF TENNESSEE, v BARBARA BYRD, Court:TSC FOR APPELLANT: FOR APPELLEE: EDWARD C. MILLER JOHN KNOX WALKUP PUBLIC DEFENDER ATTORNEY GENERAL AND REPORTER DANDRIDGE MICHAEL J. FAHEY II ASSISTANT ATTORNEY GENERAL NASHVILLE Judge: HOLDER, J. First Paragraph: We granted this appeal to address the validity of an indictment that aggregates, under Tenn. Code Ann. S 39-14-103, the value of stolen property belonging to different owners. We hold that aggregation of value is permissible under S 39-14-103 when a defendant simultaneously exercises possession or control over stolen property belonging to different owners. URL:http://www.tba.org/tba_files/TSC/byrdbarb_opn.WP6 STATE OF TENNESSEE, EX REL. ROBERT J. EARHART, ET AL., v CITY OF BRISTOL, TENNESSEE, Court:TSC For Plaintiffs-Appellants: For Defendant-Appellee: David H. Hornik Jack W. Hyder, Jr. Nashville Massengill, Caldwell, and Hyder, P.C. David L. Buuck Bristol Knoxville Amicus Curiae: Tennessee Municipal Attorneys' Association Debra C. Poplin Knoxville Judge: REID, J. First Paragraph: The issues presented had their origin in two annexation ordinances adopted by the City of Bristol in 1989. The ordinances undertook to annex the right-of-way of Highway 11E extending approximately four miles south from the city limits of Bristol into the Piney Flats area. The area included no property other than the highway right-of-way. URL:http://www.tba.org/tba_files/TSC/earhartr_opn.WP6 GENERAL ELECTRIC COMPANY, v PROCESS CONTROL COMPANY, Court:TSC 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, J. 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. The district court entered an order requesting this Court to address the following certified question of law: In actions that accrue after the decision in McIntyre v. Balentine, under what circumstances is a claim for contribution appropriate under Tennessee Law? URL:http://www.tba.org/tba_files/TSC/generale_opn.WP6 SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL July 13, 1998 Court:TSC - Rules URL:http://www.tba.org/tba_files/TSC_Rules/statelst_wpd.WP6 KENNETH M. BESS and THOMAS R. CUMMINGS, JR., v ASSOCIATED BROKERS OF TENNESSEE, INC., Court:TCA D. Alexander Fardon; Harwell Howard Hyne Gabbert & Manner, P.C. of Nashville For Appellants Richard M. Smith, Kenneth S. Schrupp Smith & Cashion, PLC of Nashville For Appellee Judge: W. FRANK CRAWFORD First Paragraph: This appeal involves a dispute concerning distribution to stockholders in a closely held corporation. Plaintiff-stockholders, Kenneth M. Bess (Bess) and Thomas R. Cummings, Jr., (Cummings) appeal from the judgment of the trial court denying the relief sought against defendant, Associated Brokers of Tennessee, Inc. (ABT). Plaintiffs' complaint alleges that by virtue of the stockholder agreement dated May 3, 1990, between them and William W. Johnson (Johnson) and ABT, Bess became a 25 percent shareholder of ABT and Cummings became a 20 percent shareholder of ABT. Plaintiffs allege that in late 1994, Johnson caused ABT to sell all or substantially all of its assets to Acosta Sales Company, Inc. (Acosta). The plaintiffs aver that although they were directors and shareholders, they were not informed of the transaction until it had been consummated and were not given an opportunity to vote on the transaction. Plaintiffs further allege that since the sale of the assets to Acosta, ABT has been diverting all of the payments made by Acosta to Johnson, who is not performing any services for ABT. Plaintiffs aver that as shareholders, they were entitled to vote pursuant to T.C.A. S 48-22-102 (1995) concerning the sale of the assets, and further that they were not advised of their rights as dissenters as provided in T.C.A. SS 48-23-201, et seq. (1995). URL:http://www.tba.org/tba_files/TCA/besskenn_opn.WP6 JACK WAYNE BURSACK, v. LAWRENCE D. WILSON, Court:TCA LIONEL R. BARRETT, JR. Washington Square Two - Suite 418 222 Second Avenue, North Nashville, Tennessee 37201 ATTORNEY FOR PLAINTIFF/APPELLANT G. KLINE PRESTON, IV Washington Square Two - Suite 416 222 Second Avenue, North Nashville, Tennessee 37201-1652 ATTORNEY FOR DEFENDANT/APPELLEE Judge: WILLIAM B. CAIN First Paragraph: In this case plaintiff Jack Wayne Bursack sues defendant Lawrence D. Wilson for alleged professional negligence in legal representation of the plaintiff in prior litigation before the Circuit Court of Maury County, Tennessee. URL:http://www.tba.org/tba_files/TCA/bursackj_opn.WP6 STEPHEN EARL CRABTREE, v. NANCY CHOPPIN CRABTREE, Court:TCA Michael W. Binkley, Nashville, Tennessee. Attorney for Plaintiff/Counter-Defendant/Appellant. Edward M. Yarbrough, HOLLINS, WAGSTER & YARBROUGH, P.C., Nashville, Tennessee. Attorney for Defendant/Counter-Plaintiff/Appellee. Judge: FARMER, J. First Paragraph: The parties to this divorce case, Stephen Earl Crabtree (Husband) and Nancy Choppin Crabtree (Wife), were married for approximately 23 years. The trial court entered a final decree of divorce in July 1997. Husband has appealed from the decree, citing error in the trial court's decision to award alimony in futuro and attorney's fees to Wife. Wife has raised an additional issue regarding child support. Upon review of the record, we affirm as to the awards of alimony in futuro and attorney's fees to Wife and find it necessary to remand this cause to the trial court regarding the award of child support. We set forth our reasons below. URL:http://www.tba.org/tba_files/TCA/crabtres_opn.WP6 FORD CONSUMER FINANCE v AMBROSE W.J. CLAY, Court:TCA For Plaintiff/Appellee: For Defendant/Appellant: No Appearance Ambrose W.J. Clay Pro Se Judge: WILLIAM C. KOCH First Paragraph: This is an appeal involves a maker's liability on a promissory note. The Chancery Court for Davidson County, following a bench trial, awarded the holder of the note a $27,523.47 judgment. The maker of the note appealed to this court and then filed a Chapter 7 bankruptcy petition in the United States Bankruptcy Court for the Middle District of Tennessee. The maker of the note has now informed this court that the debt arising from the judgment on the note has been discharged, relieving him from further personal liability on the note. Because the judgment on the note is now void by force of federal law, we vacate the judgment below and remand this case with directions that it be dismissed. URL:http://www.tba.org/tba_files/TCA/fordcon_opn.WP6 JOHNNY GREENE, v TENNESSEE DEPARTMENT OF CORRECTION, Court:TCA For Plaintiff/Appellant: For Defendant/Appellee: Douglas A. Trant John Knox Walkup Knoxville, Tennessee Attorney General and Reporter Patricia C. Kussmann Assistant Attorney General Judge: WILLIAM C. KOCH, JR., First Paragraph: This appeal involves a dispute between a prisoner and the Department of Correction concerning the Department's calculation of his sentence reduction credits. After spending twenty-three years in prison, the prisoner sought a declaratory order from the Department that he had earned sufficient sentence reduction credits to be entitled to immediate release. When the Department declined to issue the requested order, the prisoner filed a petition for judicial review in the Chancery Court for Davidson County. Both the prisoner and the Department filed summary judgment motions, and the trial court granted the Department's motion and dismissed the prisoner's petition. On this appeal, the prisoner asserts that the trial court erred because, under the undisputed facts, he is entitled to a judgment as a matter of law. We have determined that the trial court's decision to grant the Department's summary judgment motion should be affirmed because the prisoner has failed to demonstrate that he is entitled to relief on any of his claims. URL:http://www.tba.org/tba_files/TCA/greenej_opn.WP6 PHYLLIS ANN FRAZIER HAMBY, v. JOSEPH DEWIGHT HAMBY and ANTHONY HAMBY, Court:TCA GRACE E. DANIELL, STARR & DANIELL, Chattanooga, for Plaintiff-Appellant. CHARLES B. BURNS, JR., VARNELL, BURNS & SHARP, P.C., Cleveland, for Defendant-Appellee Anthony Hamby. ROGER E. JENNE, JENNE, SCOTT & JENNE, Cleveland, for Defendant-Appellee Joseph Dewight Hamby. Judge: Franks, J. First Paragraph: In this divorce action, the wife appeals from the Trial Court's Order of child support and the evaluation of the marital estate and its distribution. Husband and wife were married in 1976 and have two minor children. They separated in August 1994, and at the time of trial the husband was 43 and the wife was age 40. URL:http://www.tba.org/tba_files/TCA/hambyp_opn.WP6 ROBERT T. IRVIN, v FAITH JOHNSON, an employee of The Tennessee Management Company, Inc. (TAMCO); THE TENNESSEE MANAGEMENT COMPANY, INC. (TAMCO), a.d.b.a. THE SOUTH CENTRAL VILLAGE APARTMENTS, Court:TCA ROBERT T. IRVIN, Pro Se P. O. Box 1636 Clarksville, Tennessee 37041-1636 JAMES D. KAY, JR. BRIDGETT A. WOHLPART Suite 340M, Washington Square Two 222 Second Avenue North Nashville, Tennessee 37069 ATTORNEYS FOR DEFENDANTS/APPELLEES Judge: WILLIAM B. CAIN First Paragraph: This case represents a pro se plaintiff's appeal from a trial court's order granting defendant/appellee's motion to dismiss pursuant to Tenn. R. Civ. P. 12.02(4)(5)(6). Appellant's complaint asserted "perjury" as it's basis, alleging that defendants, Faith Johnson, Tamco, et al., committed perjury in appellant's previous case in said trial court, Irvin v. Tamco, Inc., et al., docket number C10-813. URL:http://www.tba.org/tba_files/TCA/irvinr_opn.WP6 HELEN S. ROGERS, v THOMAS E. WATTS, JR., Court:TCA For Plaintiff/Appellee: For Defendant/Appellant: Helen Sfikas Rogers Thomas E. Watts, Jr. Jones & Rogers Pro Se Nashville, Tennessee Judge: WILLIAM C. KOCH, JR First Paragraph: This appeal involves another chapter in a lingering, acrimonious dispute between two Nashville lawyers stemming from a failed settlement of a case in federal court. After one of the lawyers abandoned his third-party complaint against the other lawyer for fraudulent misrepresentation, the other lawyer filed a malicious prosecution action in the Circuit Court for Davidson County. When the trial court dismissed the complaint on the ground that it was premature, the prevailing lawyer sought Tenn. R. Civ. P. 11 sanctions against the lawyer whose malicious prosecution claim had been dismissed. The trial court declined to grant sanctions, and the lawyer seeking sanctions has appealed. We have determined that the record supports the trial court's decision not to award sanctions and, therefore, affirm the trial court's decision. URL:http://www.tba.org/tba_files/TCA/rogershs_opn.WP6 JACQUELINE SUE ROGERS v SAMUEL L. BANKS and CATHY J. STANCIL Court:TCA E. BLAKE MOORE and JOHN B. BENNETT OF CHATTANOOGA FOR APPELLANTS KATHRYN R. LEIDERMAN OF JASPER and JOHN O. WIGGINS OF RINGGOLD, GEORGIA FOR APPELLEE Judge: Goddard, P.J. First Paragraph: Samuel L. Banks, a doctor, and Cathy J. Stancil, a nurse, appeal a jury verdict rendered against them in favor of their former patient, Jacqueline Sue Rogers. Ms. Rogers brought two actions of medical malpractice in the Hamilton County Circuit Court. One action was brought against Dr. Banks, her treating physician. The other action was brought against Nurse Stancil. Nurse Stancil performed the majority of the procedure in question. Judge Robert M. Summitt denied motions for directed verdict after Ms. Rogers presented her case and again after Dr. Banks and Nurse Stancil presented their case. Both actions were submitted to the jury. The jury returned a general verdict against both Dr. Banks and Nurse Stancil for $60,000. Dr. Banks and Nurse Stancil both filed motions for judgments notwith- standing the verdict as well as motions for a new trial. Judge Summitt overruled these motions and upheld the jury award. We now reverse the judgment below and dismiss both suits with prejudice. URL:http://www.tba.org/tba_files/TCA/rogersj_opn.WP6 STATE OF TENNESSEE ON RELATION OF ERVIN SMITH, and ERVIN SMITH, individually, v L. B. FRANKLIN and ALEX RICHMOND, CITY OF CARTHAGE, TENNESSEE, a municipal corporation, MAYOR DAVID BOWMAN, Court:TCA Stephen L. Edwards, #3489 The Pilcher Bldg., Suite 100 144 Second Avenue, North Nashville, Tennessee 37201 ATTORNEY FOR PLAINTIFFS/APPELLEES Jack W. Robinson, Jr., #11656 Jacky O. Beller, #3157 230 4th Avenue No., 3rd Floor 212 Main Street P.O. Box 198888 P.O. Box 332 Nashville, Tennessee 37219-8888 Carthage, Tennessee 37030 Derrick C. Smith, #13961 300 James Robertson Parkway Nashville, Tennessee 37201-1107 ATTORNEYS FOR DEFENDANTS/APPELLANTS Judge: HENRY F. TODD First Paragraph: The plaintiff, Ervin Smith, has appealed from the judgment of the Trial Court as to his rights in regard to an alleged public right-of-way on property adjoining plaintiff's land. URL:http://www.tba.org/tba_files/TCA/statesmi_opn.WP6 IN RE: JASON RYAN STEPHENS PAMELA RENEE STEPHENS v JAMES CALLAWAY, Court:TCA PETER V. HALL 8 Lincoln Square 1535 West Northfield Boulevard Murfreesboro, Tennessee 37129 ATTORNEY FOR PETITIONER/APPELLANT W. KENT COLEMAN 14 Public Square North Murfreesboro, Tennessee 37130 ATTORNEY FOR RESPONDENT/APPELLEE Judge: WILLIAM B. CAIN First Paragraph: This appeal involves a biological father's obligation to support his thirteen year old son. Appellant Pamela Renee Stephens is the mother of Jason Ryan Stephens age thirteen years and appellee James Callaway is the natural father of Jason Ryan Stephens. URL:http://www.tba.org/tba_files/TCA/stephens_opn.WP6 DAVID K. WACHTEL, JR., v THE WESTERN SIZZLIN CORPORATION f/k/a FRANCHISEE ACQUISITION CORPORATION, v DAVID K. WACHTEL, JR., AND RESTAURANT MANAGEMENT SERVICES, INC., Court:TCA JON D. ROSS EDMUND L. CAREY, JR. 2000 First Union Tower 150 Fourth Avenue North Nashville, Tennessee 37219 Attorneys for Plaintiff/Appellant MICHAEL L. DAGLEY OVERTON THOMPSON III STEPHEN H. PRICE 424 Church Street, Suite 1900 Nashville, Tennessee 37219 Attorneys for Defendant/Appellee Judge: BEN H. CANTRELL First Paragraph: This breach of contract case is before us on a Rule 54.02, Tenn. R. Civ. Proc. appeal. The only question for our decision is whether the trial court erred in granting the defendant's motion for partial summary judgment on the plaintiff's claim for certain consequential damages arising from the defendant's breach of contract. We reverse the trial court. URL:http://www.tba.org/tba_files/TCA/wachtedk_opn.WP6 JOY WALLS, Individually and as Surviving Spouse of Decedent WENDELL M. GOODWIN v. ACandS, INC., et al. Court:TCA BRUCE HILL and MIKE G. NASSIOS OF KNOXVILLE; JOHN A. DAY and DONALD CAPPARELLA OF NASHVILLE FOR APPELLANT DWIGHT E. TARWATER, THOMAS A. BICKERS, ANDREW R. TILLMAN and ROBIN K. LONGMIRE OF KNOXVILLE FOR APPELLEE OWENS-CORNING KATHY K. CONDO OF PITTSBURGH, PA and F. SCOTT MILLIGAN OF KNOXVILLE FOR APPELLEE PITTSBURGH CORNING CORPORATION Judge: Goddard, P.J. First Paragraph: This suit was initiated by Plaintiff-Appellant, Wendell Goodwin, against Defendants-Appellees, Pittsburgh Corning Corporation, Owens-Corning Fiberglas Corporation, and a number of other Defendants, seeking damages because of an illness Mr. Goodwin contracted--specifically a stomach cancer known as peritoneal mesothelioma--resulting from his occupational exposure to asbestos products manufactured and distributed by the Defendants, including Pittsburgh Corning and Owens-Corning. The Trial Court, in response to the answers supplied by the jury through special interrogatories hereinafter set out, entered a judgment in favor of the Defendants because the Plaintiff's claim was barred by the applicable statute of repose, T.C.A. 29-28-103(a). URL:http://www.tba.org/tba_files/TCA/wallsj_opn.WP6 WILLIAM P. WILLIAMS,v WANDA C. WILLIAMS, Court:TCA CLARA WILLIS BYRD 105 South Cumberland Street Lebanon, Tennessee 37087 Attorney for Plaintiff/Appellee CLARK LEE SHAW 2525 Lebanon Road Nashville, Tennessee 37214 Attorney for Defendant/Appellant Judge: BEN H. CANTRELL First Paragraph: This is a child support case. The Chancery Court of Wilson County set the mother's obligation of support at $723.00 per month. The mother appeals and asserts that the evidence preponderates against the trial court's finding. We affirm the judgment below. URL:http://www.tba.org/tba_files/TCA/williawp_opn.WP6 PATRICK ALAN WOLFE, v TERRI LEE WOLFE, Court:TCA For Appellant For Appellee D. MITCHELL BRYANT J. REED DIXON Cleveland, Tennessee Sweetwater, Tennessee Judge: Susano, J. First Paragraph: In this post-divorce case, the trial court denied the petition of Terri Lee Wooten, formerly Wolfe ("Mother"), seeking sole custody of the parties' daughter, Kelsea Wolfe, age five and a half. In the same order, the court granted the counterclaim of Patrick Alan Wolfe ("Father") by modifying Mother's visitation rights. Mother appealed, arguing that the trial court abused its discretion in failing to change the child's custody. She also claims that the court erred in modifying the visitation schedule set forth in the divorce judgment. URL:http://www.tba.org/tba_files/TCA/wolfepa_opn.WP6 STATE OF TENNESSEE, v MICHAEL J. ADKINS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL J. GATLIN JOHN KNOX WALKUP P.O. Box 27331 Attorney General and Reporter Memphis, TN 38167-0331 JANIS L. TURNER Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General JAMES M. LAMMEY Assistant District Attorney General Criminal Justice Complex, Ste. 301 201 Poplar Street Memphis, TN 38103 Judge: DAVID H. WELLES First Paragraph: The Defendant, Michael J. Adkins, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He entered a plea of guilty to the offense of voluntary manslaughter. The agreed sentence for this Class C felony was three years, the minimum in the range for a standard offender. The manner of service of the sentence was left to the discretion of the trial judge. The judge ordered that six months of the sentence be served in the local workhouse, followed by six months of intensive probation, with the balance of the sentence to be served on regular probation. The Defendant appeals from the trial judge's denial of full probation. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/adkinsmj_opn.WP6 STATE OF TENNESSEE, v JOHNNY AKINS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: A C Wharton, Jr. John Knox Walkup Shelby County Public Defender Attorney General & Reporter Walker Gwinn Janis L. Turner Assistant Public Defender Counsel for the State 201 Poplar Avenue, Suite 201 Criminal Justice Division Memphis, TN 38103 Cordell Hull Bldg., Second Floor (On Appeal) Nashville, TN 37243-0493 Dianne Thackery William L. Gibbons Assistant Public Defender District Attorney General 201 Poplar Avenue, Suite 201 Memphis, TN 38103 Jerry Harris (At Trial) James M. Lammey Assistant District Attorneys General 201 Poplar Avenue, Suite 301 Memphis, TN 38103 Judge: PAUL G. SUMMERS First Paragraph: Johnny Akins was found guilty by a jury of aggravated burglary. He was sentenced to fifteen years in Tennessee Department of Correction. The trial court denied his motion for a new trial. He appeals. The sole issue is whether the evidence is sufficient to support his conviction. We affirm the judgment of conviction. URL:http://www.tba.org/tba_files/TCCA/akinsjoh_opn.WP6 FREDERICK ORLANDO BLACK,v STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: CHRISTOPHER VAN RIPER JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 300 Main St., Ste. 200 Clinton, TN 37716 TODD R. KELLEY Asst. Attorney General 425 Fifth Ave. N., 2d Floor Nashville, TN 37243-0493 JAMES N. RAMSEY District Attorney General JAN HICKS Asst. District Attorney General 127 Anderson County Courthouse Clinton, TN 37716 Judge: CURWOOD WITT First Paragraph: The petitioner, Frederick Orlando Black, appeals the Anderson County Criminal Court's denial of his petitions for post-conviction relief. In 1983, the petitioner pleaded guilty to malicious shooting. In 1988, he pleaded guilty to aggravated assault. Presently, he is serving a federal sentence for a drug offense. In his post-conviction petitions, he alleges his federal sentence was enhanced due to the 1983 and 1988 Anderson County convictions. He seeks to have the convictions set aside based on various infirmities. The court below found the petitions barred by the statute of limitations and dismissed the actions. The petitioner appeals the dismissals, claiming this court should find error (1) in the trial court's failure to make findings pursuant to Burford v. State, 845 S.W.2d 204 (Tenn. 1995) and Sands v. State, 903 S.W.2d 297 (Tenn. 1995), and (2) in failing to find the statute of limitations deprived the petitioner of due process. Having reviewed the record, we find no error and affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/blackfo_opn.WP6 FRANCES BLAYLOCK, v STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: LAURA RULE HENDRICKS JOHN KNOX WALKUP Eldridge, Irving & Hendricks Attorney General and Reporter 606 W. Main Street Knoxville, TN 37901-0084 TODD R. KELLEY Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JERRY N. ESTES District Attorney General STEVE HAWKINS 10th Judicial District P. O. Box 647 Athens, TN 37303 Judge: JERRY L. SMITH First Paragraph: Appellant Frances Blaylock appeals the trial court's denial of her petition for post-conviction relief. Appellant presents the following issue for our consideration on this appeal: whether the trial court erred in dismissing Appellant's petition for post-conviction relief. After a review of the record, we reverse the judgment of the trial court and remand with directions to that court to consider Appellant's allegation of ineffective assistance of trial counsel. URL:http://www.tba.org/tba_files/TCCA/blaylofr_opn.WP6 BILLY JOE BOURFF v STATE OF TENNESSEE Court:TCCA For the Appellant: For the Appellee: Douglas A. Trant, John Knox Walkup 900 S. Gay Street Attorney General & Reporter Suite 1502 Knoxville, TN. 37902 Marvin E. Clements, Jr. (on post conviction) Assistant Attorney General 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN. 37243-0493 William Paul Phillips District Attorney General Michael O. Ripley Assistant District Attorney P.O. Box 323 Jacksboro, TN. 37757 Judge: WILLIAM M. BARKER First Paragraph: The appellant, Billy Joe Bourff, appeals as of right the Campbell County Criminal Court's dismissal of his petition for post-conviction relief. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/bourffbb_opn.WP6 STATE OF TENNESSEE, v. ANDERSON D. CURRY, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: A C WHARTON, JR. JOHN KNOX WALKUP District Public Defender Attorney General & Reporter SHERRY BROOKS CLINTON J. MORGAN Asst. Public Defender Counsel for the State -At Trial- 425 Fifth Ave., North Cordell Hull Bldg., Second Fl. WALKER GWINN Nashville, TN 37243-0493 Asst. Public Defender 201 Poplar Ave., Suite 201 JOHN W. PIEROTTI Memphis, TN 38103 District Attorney General -On Appeal- THOMAS HOOVER Asst. District Attorney General 201 Poplar Ave., Suite 301 Memphis, TN 38103 Judge: JOHN H. PEAY, First Paragraph: The defendant was indicted in December 1996 for rape of a child. A Shelby County jury found him guilty and the trial court sentenced him to twenty years in the Tennessee Department of Correction. In this appeal as of right, the defendant argues that the evidence is insufficient to support his conviction and that the trial court erred when it admitted into evidence a chart depicting the victim's injuries. The defendant also argues that his sentence is excessive. 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/curryad_opn.WP6 STATE OF TENNESSEE, v. SHANE PILLOW, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: JERALD M. CAMPBELL, JR. JOHN KNOX WALKUP -and- Attorney General & Reporter L. L. HARRELL, JR. 425 Fifth Ave., North N.W. Court Sq. Nashville, TN 37243-0497 Trenton, TN 38382 ELIZABETH T. RYAN Asst. Attorney General 425 Fifth Ave., North Nashville, TN 37243-0493 CLAYBURN L. PEEPLES District Attorney General 110 College St., Suite 200 Trenton, TN 38382-1841 GARRY G. BROWN Asst. District Attorney General 110 College St., Suite 200 Trenton, TN 38382-1841 Judge: JOHN H. PEAY First Paragraph: The defendant was convicted of second-degree murder and aggravated assault. The trial court sentenced him to twenty-three years confinement for second-degree murder and five years confinement for aggravated assault, to run concurrently. In this appeal as of right, the defendant presents the following issues for review: I. whether the evidence contained in the record is insufficient, as a matter of law, to support his convictions; II. whether the trial court erred by denying his motion to suppress statements made to law enforcement officers; III. whether the trial court abused its discretion by permitting the State to reopen its case-in-chief to identify the victim's body; IV. whether the sentence imposed by the trial court is excessive; and V. "whether any other reversible error was committed by the trial court." Finding no merit in the defendant's contentions, we affirm. URL:http://www.tba.org/tba_files/TCCA/pillows_opn.WP6 JAMES POLK, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: HERSHELL D. KOGER JOHN KNOX WALKUP 131 North First Street Attorney General and Reporter P.O. Box 1148 Pulaski, TN 38478 CLINTON J. MORGAN Assistant Attorney General Cordell Hull Building, Second Floor 425 Fifth Avenue North Nashville, TN 37243-0493 T. MICHAEL BOTTOMS District Attorney General JESSE DURHAM Assistant District Attorney General P.O. Box 459 Lawrenceburg, TN 38464 Judge: LEE MOORE First Paragraph: The petitioner, James Polk, appeals the trial court's denial of his petition for post-conviction relief. In 1994, the petitioner was convicted of aggravated robbery and sentenced as a standard offender to twelve years in the Tennessee Department of Correction. His conviction was affirmed on direct appeal to this Court. State v. James Polk, No. 01C01-9410-CC-00369 (Tenn. Crim. App., at Nashville, Nov. 21, 1995). In this post-conviction petition, the petitioner's sole issue is that he was denied effective assistance of counsel. An evidentiary hearing was held on July 8, 1997, and the petitioner was denied post-conviction relief. We affirm the judgment. URL:http://www.tba.org/tba_files/TCCA/polk_opn.WP6 STATE OF TENNESSEE, v. LAWRENCE RALPH, JR., Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: AUBREY L. HARPER JOHN KNOX WALKUP 114 North College Street Attorney General and Reporter P.O. Box 588 McMinnville, TN 37111-0588 JANIS L. TURNER Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 WILLIAM LOCKE District Attorney General Professional Building McMinnville, TN 37110 Judge: DAVID H. WELLES First Paragraph: The Defendant, Lawrence "Gomer" Ralph, Jr., appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He was convicted on a Warren County jury verdict of burglary of an automobile, theft over $1,000, failure to yield to emergency lights, evading arrest, resisting arrest, violation of his habitual traffic offender status, and seventh-offense DUI. He was sentenced as a multiple Range II offender to four years for burglary of an automobile, seven years for theft over $1,000, and four years for the habitual traffic offender violation. For the misdemeanor offenses, he was sentenced to thirty days in the county jail for failure to yield to emergency lights, nine months at 75% for evading arrest, four months at 75% for resisting arrest, and three hundred days for DUI. The sentences for theft over $1,000, failure to yield, and resisting arrest were ordered to be served concurrent to each other but consecutive to the other sentences, all of which were ordered to run consecutive to each other for an effective sentence of sixteen years and eight months. URL:http://www.tba.org/tba_files/TCCA/ralphlaw_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/ralphl_con.WP6 STATE OF TENNESSEE, V GEORGE ROSE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: TONY N. BRAYTON JOHN KNOX WALKUP Assistant Public Defender Attorney General and Reporter 201 Poplar, Suite 2-01 Memphis, TN 38103 DOUGLAS D. HIMES Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 WILLIAM L. GIBBONS District Attorney General CHARLES W. BELL Assistant District Attorney 201 Poplar Avenue - Third Floor Memphis, TN 38103 Judge: JERRY L. SMITH First Paragraph: Appellant George S. Rose was convicted on April 16, 1997 by a jury in the Shelby County Criminal Court of possession of a controlled substance, to wit: cocaine, with intent to sell. As a Range I standard offender, Appellant was sentenced to 210 days incarceration in the Shelby County Correctional Center and five years probation. The trial court also imposed a $2,000.00 fine. Appellant presents the following issue for our consideration on this direct appeal: whether the trial court denied Appellant his constitutional right to trial by jury by refusing to instruct the jury on the lesser included offense of simple possession of a controlled substance or casual exchange. After a review of the record, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/rosegeor_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/rosegerc_con.WP6 STATE OF TENNESSEE V EDWARD SHANE RUST, Court:TCCA For the Appellant: For the Appellee: Margaret C. Lamb John Knox Walkup Asst. Public Defender Attorney General and Reporter 605 East Carroll Street Post Office Box 260 Janis L. Turner Tullahoma, TN 37388 Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Campbell Smoot Nashville, TN 37243 0493 District Public Defender C. Michael Layne District Attorney General P. O. Box 147 Manchester, TN 37355 Judge: David G. Hayes First Paragraph: The appellant, Edward Shane Rust, was indicted by a Coffee County Grand Jury for the offenses of arson of personal property and reckless endangerment. Following a jury trial, the appellant was found guilty of arson of personal property, a class E felony, and received a two year sentence in the Department of Correction. The appellant was found not guilty of reckless endangerment. In this appeal as of right, the appellant contends: I. The evidence is insufficient to support a conviction for arson of personal property; II. The sentence imposed by the trial court is excessive; and III. The trial court should have granted an alternative sentence. URL:http://www.tba.org/tba_files/TCCA/rustes_opn.WP6 RICKY RUTLEDGE V. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: ROBERT H. STOVALL, JR. JOHN KNOX WALKUP P.O. Box 160 Attorney General and Reporter Charlotte, TN 37036 CLINTON J. MORGAN Assistant Attorney General 425 5th Avenue North Nashville, TN 37243-0493 MIKE McCOWN District Attorney General ROBERT G. CRIGLER Assistant District Attorney General One Public Square, Suite 300 Shelbyville, TN Judge: DAVID H. WELLES First Paragraph: The Petitioner, Ricky Rutledge, appeals from the order of the trial court dismissing his Petition for Post Conviction Relief. Petitioner sought post conviction relief asserting that he received ineffective assistance of counsel prior to entering his plea of guilt. In addition, Petitioner maintains that because of counsel's deficient representation, his guilty plea was not knowingly, intelligently, and voluntarily given. Following an evidentiary hearing, the trial court denied relief and we affirm. URL:http://www.tba.org/tba_files/TCCA/rutledri_opn.WP6 STATE OF TENNESSEE V ROBERT ALAN SMITH, Court:TCCA For the Appellant: For the Appellee: Michael R. Jones John Knox Walkup District Public Defender Attorney General and Reporter Russel A. Church Daryl J. Brand Assistant Public Defender Assistant Attorney General 109 South Second Street 425 Fifth Avenue North Clarksville, TN 37040 Nashville, TN 37243-0493 John Wesley Carney, Jr. District Attorney General William M. Cloud, Jr. Assistant District Attorney 204 Franklin Street, Suite 200 Clarksville, TN 37040 Judge: William M. Barker First Paragraph: The appellant, Robert Alan Smith, appeals the judgment of the Montgomery County Circuit Court revoking his probation and ordering that the remainder of his sentence be served in the Department of Correction. We affirm the judgment of the trial court pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. In 1992, appellant entered guilty pleas to three counts of sexual battery and received an effective sentence of six years. The trial court suspended those sentences and placed appellant on probation for six years. In 1994, appellant pled guilty to simple possession of marijuana. He was placed on probation for eleven months, twenty-nine days, consecutive to the six year sentence. The record reflects that appellant's probation was revoked in August of 1994. He was ordered to serve 60 days in confinement and then returned to intensive probation. URL:http://www.tba.org/tba_files/TCCA/smithra_opn.WP6 STATE OF TENNESSEE V BENJAMIN SNYDER, Court:TCCA FOR THE APPELLANT FOR THE APPELLEE C. Edward Fowlkes John Knox Walkup 172 Second Avenue N., Suite 214 Attorney General and Reporter Nashville, TN 37201-1908 425 Fifth Avenue, North Nashville, TN 37243 Karen M. Yacuzzo Assistant Attorney General 425 Fifth Avenue, North Nashville, TN 378243 Bernard McEvoy Asst District Attorney General Washington Square, Suite. 500 Second Avenue N. Nashville, TN 37201-1649 Judge: L. T. LAFFERTY, First Paragraph: The defendant, Benjamin S. Snyder, appeals as a matter of right the sentence imposed by the Davidson County Probate Court. In counts one and two, the defendant was charged with the offense of vehicular homicide involving the death of Gregory Flair. In counts three and four, the defendant was charged with the offense of reckless endangerment involving two passengers in the operation of a motor vehicle. The defendant entered a plea of guilty to the offense of vehicular homicide due to reckless conduct as charged in count two of the indictment. Counts one, three and four were dismissed. After a sentencing hearing, the trial court sentenced the defendant to five years in the Corrections Corporation of America Facility. The defendant was ordered to serve six months and then be placed on probation for four years, six months. There were other conditions imposed on the defendant during the period of probation. In his appeal, the defendant raises two issues; (1) the trial court erred as a matter of fact and law in applying enhancement factor #3 "the offense involved more than one victim," and (2) the trial court erred in sentencing the defendant to five years instead of the presumptive minimum of three years. Upon a close review of the record, briefs of the parties, and the applicable law, we affirm the trial court's judgment. URL:http://www.tba.org/tba_files/TCCA/snyderbs_opn.WP6 STATE OF TENNESSEE V ANTWAIN LAMAN SPEARS Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: RAYMOND L. IVEY JOHN KNOX WALKUP P. O. Box 229 Attorney General and Reporter Huntingdon, TN 38344 ELIZABETH T. RYAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 ROBERT RADFORD District Attorney General ELEANOR CAHILL Assistant District Attorney P. O. Box 686 Huntingdon, TN 38344 Judge:JERRY L. SMITH First Paragraph: Appellant Antwain Laman Spears was indicted on May 6, 1996 by the Carroll County Grand Jury for possession of cocaine with intent to sell or deliver, possession of marijuana with intent to sell or deliver, and possession of unlawful drug paraphernalia. Concluding that Appellant lacked standing to contest the search warrant, on June 25, 1996, the trial court denied Appellant's motion to suppress the evidence seized pursuant to a search warrant, which had been executed at the residence of Margo Taylor. Moreover, the court determined that even if Appellant had standing, the search warrant appeared to be valid on its face. Appellant was convicted on September 16, 1996, by a jury in the Carroll County Circuit Court of possession of cocaine and marijuana with intent to sell or deliver and possession of unlawful drug paraphernalia. The jury fined Appellant $15,000.00 for cocaine possession, $2,500.00 for marijuana possession, and $750.00 for possession of drug paraphernalia. As a Range II multiple offender, Appellant was sentenced to concurrent sentences of fifteen years incarceration with the Tennessee Department of Correction, three years, and eleven months and twenty-nine days, respectively. The trial court also revoked Appellant's probation resulting from a prior conviction. Appellant presents three issues for our consideration on this direct appeal: (1) whether the trial court erred in concluding that Appellant lacked standing to challenge the search of Margo Taylor's residence; (2) whether the trial court improperly denied Appellant's motion to suppress the evidence seized during execution of the search warrant; and (3) whether the evidence was sufficient to sustain Appellant's convictions for possession of cocaine and marijuana with intent to sell or deliver and possession of drug paraphernalia. URL:http://www.tba.org/tba_files/TCCA/spearsan_opn.WP6 STATE OF TENNESSEE, V. RALPH TALLENT, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: CHARLES L. BEACH JOHN KNOX WALKUP 365 Market Street Attorney General and Reporter Clinton, TN 37716 TIMOTHY F. BEHAN Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 JERRY N. ESTES District Attorney General RICHARD NEWMAN Assistant District Attorney General P.O. Box 647 Athens, TN 37303 Judge: JERRY L. SMITH First Paragraph: A Monroe County grand jury indicted Appellant, Ralph Tallent, with charges of Driving Under the Influence. Appellant filed a motion to suppress admission of the breath test. After a hearing, Appellant's motion was denied. Appellant then filed a motion in limine to require the State to lay an appropriate foundation through the testing officer before admitting the results of the breath tests. Appellant then pled guilty pursuant to Rule 37 (b)(2)(i) of the Tennessee Rules of Criminal Procedure. URL:http://www.tba.org/tba_files/TCCA/tallentr_opn.WP6 ROBERT LEE WADE,V STATE OF TENNESSEE, Court:TCCA Judge: DAVID H. WELLES First Paragraph: O R D E R 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/waderl_ord.WP6 STATE OF TENNESSEE, V RAYMOND E. WOODS, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: SHAWN GRAHAM JOHN KNOX WALKUP Office of the Public Defender Attorney General and Reporter 419 High Street Maryville, TN 37804 ELLEN H. POLLACK Assistant Attorney General GERALD L. GULLEY, JR. 425 Fifth Avenue North (On Appeal Only) Nashville, TN 37243 P. O. Box 1708 Knoxville, TN 37901 MIKE FLYNN District Attorney General KIRK ANDREWS Asst District Attorney General 363 Court Street Maryville, TN 37804 Judge: JERRY L. SMITH First Paragraph: On December 20, 1996, Appellant, Raymond Woods, pled guilty to passing a $19.40 worthless check, for which there was a $15.00 service charge. The trial court accepted the guilty plea. At the sentencing hearing, Appellant testified that he pled guilty because he had missed work often to come to court, and he "wanted to try to get it over with." The trial court asked who had written the check, and Appellant responded that he did not know. Appellant's testimony was that someone had stolen his checks and forged his name, but he did not know who had done so. He also testified that the payee of the check had not done any work for him. An employee of the payee identified Appellant as the person who brought in a radiator to the business to be worked on and as the person who passed the check. Appellant then made a motion to withdraw his guilty plea. The trial court denied the motion and sentenced Appellant to eleven months and twenty-nine days, ninety days to be served in the county jail, the rest to be served on probation. Appellant appeals from the denial of his motion and from the denial of full probation. URL:http://www.tba.org/tba_files/TCCA/woodsray_opn.WP6
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