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.
- 01-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 01-New Opinons From TSC-Workers Comp Panel
- 01-New Opinons From TCA
- 10-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
Lucian T. Pera
ORDER ESTABLISHING THE SUPREME COURT COMMITTEE TO IMPLEMENT THE RECOMMENDATIONS OF THE RACIAL AND ETHNIC FAIRNESS COMMISSION AND THE GENDER FAIRNESS COMMISSION ("THE COMMITTEE") Court:TSC Judge:ANDERSON First Paragraph: WHEREAS, the Tennessee Supreme Court recognizes that gender, racial, and ethnic biases are inimical to the effective administration of justice URL:http://www.tba.org/tba_files/TSC/implcomm_ord.WP6 SARAH TAYLOR VS. HARMAN AUTOMOTIVE, INC Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Stuart B. Breakstone Gayden Drew, IV Morton & Breakstone Drew & Martindale, P.C. 200 Jefferson, Suite 725 470 North Parkway, Suite C Memphis, TN 38103 Jackson, TN 38305 Judge:BYERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. URL:http://www.tba.org/tba_files/TSC_WCP/taylorsa_opn.WP6 JAMES HARRISON JENKINS VS. ANNETTE CAROL JENKINS Court:TCA Attorneys: J. BRANDEN BELLAR Bellar & Bellar 212 Main Street P. O. Box 332 Carthage, Tennessee 37030 ATTORNEY FOR PLAINTIFF/APPELLANT WILLIAM JOSEPH BUTLER Farrar, Holliman & Cassidy 102 Scottsville Highway P. O. Box 280 Lafayette, Tennessee 37083 ATTORNEY FOR DEFENDANT/APPELLEE Judge:CAIN First Paragraph: In this case James Harrison Jenkins appeals the action of the trial court in dismissing his petition to modify a final decree of divorce. URL:http://www.tba.org/tba_files/TCA/jenkinsj_opn.WP6 STATE OF TENNESSEE VS. ANDRE CHAMBERLAIN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT P. BALLINGER JOHN KNOX WALKUP 601 Woodland Street Attorney General and Reporter Nashville, TN 37206 TIMOTHY F. BEHAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 VICTOR S. JOHNSON District Attorney General PAUL DEWITT Assistant District Attorney Suite 500, 222-2nd Avenue N. Nashville, TN 37201-1649 Judge:SMITH First Paragraph: Appellant was convicted of one count of possession with intent to sell; two counts of aggravated assault; one count of disorderly conduct; one count of resisting arrest; and one count of evading arrest, from an incident where he walked away from police afficers who approached the group in which he was standing. The trial court sentenced Appellant to a total of 40 years by running the possession and aggravated assault convictions consecutively. The remaining convictions were run concurrently. State v. Chamberlain, C.C.A. No. 01C01- 9509-Cr-00304, Davidson County (Tenn. Crim. App., Nashville, October 17, 1996). URL:http://www.tba.org/tba_files/TCCA/chamban_opn.WP6 STATE OF TENNESSEE VS. RICKY WAYNE COOPER Court:TCCA Attorneys: FOR THE APPELLANT: DAVID H. HORNIK 222 Second Avenue North Suite 360M Nashville, TN 37201-1649 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter MARVIN E. CLEMENTS, JR. Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 G. ROBERT RADFORD District Attorney General JOHN W. OVERTON, JR. TODD A. ROSE Asst. District Attorneys General 111 Church Street P.O. Box 686 Huntingdon, TN 38344-0686 Judge:RILEY First Paragraph: The defendant, Ricky Wayne Cooper, appeals as of right his conviction by a Henry County jury for driving under the influence of an intoxicant. The defendant was sentenced to eleven (11) months and twenty-nine (29) days to be served on probation after ten (10) days continuous confinement. The trial court also affirmed the jury's fine of $700. The defendant contends on appeal that: (1) the trial court erred in allowing testimony that the defendant was administered the horizontal gaze nystagmus (HGN) test; (2) the evidence presented at trial was insufficient to support a verdict of guilty; and (3) the court's sentence of ten (10) days continuous confinement and its affirmance of the jury's fine of $700 were improper. Although we find the trial court erred by allowing testimony that an HGN test was given, we find the error harmless. The judgment of the trial court is AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/coperrw_opn.WP6 JAMES R. JACKSON VS. STATE OF TENNESSEE Court:TCCA Judge:WELLES First Paragraph: This matter is before the Court upon counsel's Motion to Withdraw, which was filed on August 24, 1998. We note that the motion is not accompanied by an affidavit or a proposed order. See T.R.A.P. 22(a) and Rule 7, Tennessee Court of Criminal Appeals Rules. In the motion, counsel requests that this Court vacate and reinstate our opinion so that the appellant will have an opportunity to file an application for permission to appeal to the Supreme Court pursuant to T.R.A.P. 11. Although failing to cite to the correct rules, counsel requests that he be allowed to withdraw from further representation of the appellant. URL:http://www.tba.org/tba_files/TCCA/jacksoj5_ord.WP6 STATE OF TENNESSEE VS. JOHN WAYNE MANSELL Court:TCCA Attorneys: FOR THE APPELLANT: RUSSELL A. CHURCH Assistant Public Defender 109 South Second Street Clarksville, TN 37040 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter GEORGIA BLYTHE FELNER Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 JOHN WESLEY CARNEY, JR. District Attorney General ARTHUR BIEBER Assistant District Attorney General 204 Franklin Street, Suite 200 Clarksville, TN 37040 Judge:MOORE First Paragraph: The appellant, John Wayne Mansell, was indicted during the January, 1993, term of the Montgomery County grand jury for possession of a Schedule VI controlled substance for resale and unlawful possession of a deadly weapon. On April 30, 1997, after selection of a jury and commencement of trial, defendant entered a plea of guilty to the delivery of a Schedule VI controlled substance under Count Two of the indictment. Counts One and Three of the indictment were dismissed. The plea of guilty was subject to judicial sentencing. On June 9, 1997, a sentencing hearing was held. Defendant was sentenced to two (2) years with six (6) months of his sentence being served in jail and the balance on probation. Defendant was also fined $5,000.00. URL:http://www.tba.org/tba_files/TCCA/mansellj_opn.WP6 STATE OF TENNESSEE VS. CAROLYN F. PICKETT Court:TCCA Attorneys: For the Appellant: For the Appellee: Robert S. Peters John Knox Walkup Swafford, Peters & Priest Attorney General and Reporter 100 First Avenue, S.W. Winchester, TN 37398 Karen M. Yacuzzo Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 James Michael Taylor District Attorney General Bill Copeland Asst. District Attorney General Dinah Shore Blvd. Winchester, TN 37398 Judge:Hayes First Paragraph: The appellant, Carolyn F. Pickett, appeals as of right her conviction by a Franklin County jury for driving under the influence, first offense. Following her conviction, the trial court sentenced the appellant to ten days in jail, to be served on weekends, with the balance of her eleven months, twenty-nine days sentence to be served on supervised probation. On appeal, she raises the following issues (1) whether the evidence is sufficient to support her conviction and (2) whether the delay by the police in affording her the right to a phone call violated due process of law. After review, we affirm. URL:http://www.tba.org/tba_files/TCCA/pickettc_opn.WP6 JOHN RUCKER VS. STATE OF TENNESSE Court:TCCA Attorneys: FOR THE APPELLANT: DWIGHT E. SCOTT 4024 Colorado Avenue Nashville, TN 37209 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter TIMOTHY F. BEHAN Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General KATRIN NOVAK MILLER Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue, North Nashville, TN 37201-1649 Judge:MOORE First Paragraph: The petitioner, John Rucker, appeals the dismissal of his petition for post-conviction relief. On March 30, 1995, petitioner entered a best interest plea of guilty to two (2) counts of second degree murder, one (1) count of especially aggravated robbery and one (1) count of especially aggravated kidnaping. URL:http://www.tba.org/tba_files/TCCA/ruckerj_opn.WP6 CLONTE THOMAS VS. STATE OF TENNESSEE Court:TCCA Judge:RILEY First Paragraph: Petitioner appeals the summary dismissal of his second petition for post-conviction relief. The trial court dismissed the petition finding the statute of limitations had expired, and his allegations were resolved in his first petition for post-conviction relief. We affirm the judgment of the trial court pursuant to Rule 20, Tennessee Court of Criminal Appeals. URL:http://www.tba.org/tba_files/TCCA/thomasc_ord.WP6 STATE OF TENNESSEE VS. TYRONE V. TURNER, Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Gerald L. Melton John Knox Walkup District Public Defender Attorney General & Reporter 201 West Main Street, Suite 101 Murfreesboro, TN 37130 Deborah A. Tullis Assistant Attorney General Cordell Hull Building, Second Floor 425 Fifth Avenue North Nashville, TN 37243 William C. Whitesell, Jr. District Attorney General Third Floor, Judicial Building Murfreesboro, TN 37130 Judge:SUMMERS First Paragraph: On March 4, 1996, the appellant, Tyrone V. Turner, was indicted for second degree murder for the death of Cory Ward. On July 26, 1996, he was convicted by a jury of second degree murder and assessed a fine of $40,000. The trial court sentenced him to twenty-two years in the Tennessee Department of Correction and ordered him to serve 100% of his sentence. URL:http://www.tba.org/tba_files/TCCA/turnertv_opn.WP6 STATE OF TENNESSEE VS. JAMES KENNETH WALKER, JR Court:TCCA Attorneys: FOR THE APPELLANT: RON E. HARMON (Trial Only) 618 Main Street P.O. Box 968 Savannah, TN 38372 MIKE MOSIER (Appeal Only) 204 W. Baltimore P.O. Box 1623 Jackson, TN 38301-1623 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter DOUGLAS D. HIMES Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 G. ROBERT RADFORD District Attorney General JOHN W. OVERTON, JR. Assistant District Attorney General P.O. Box 484 Savannah, TN 38372-0484 Judge:RILEY First Paragraph: The defendant, James Kenneth Walker, Jr., appeals as of right his convictions for seven (7) counts of sales tax evasion by a Hardin County jury. The defendant was sentenced to seven concurrent one (1) year terms with sixty days to be served in the county jail and the remainder on Community Corrections. The defendant presents the following issues for review: (1) whether the evidence presented at trial was sufficient to support a guilty verdict; (2) whether the jury was properly charged as to the elements of sales tax evasion; and (3) whether the trial court erred in denying total probation. After a review of the record, the judgment of the trial court is AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/walkerjk_opn.WP6 STATE OF TENNESSEE VS. VINCENT WALKER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SHARA FLACY JOHN KNOX WALKUP District Public Defender Attorney General and Reporter 128 North 2nd St. Pulaski, TN 38478 LISA A. NAYLOR Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 MIKE BOTTOMS District Attorney General P. O. Box 459 Lawrenceburg, TN 38464 Judge:SMITH First Paragraph: On January 6, 1997, the trial court issued a community corrections violation warrant for failure to pay court costs, fines, supervision fees, and maintain employment. On May 5, 1997, a second revocation warrant was issued, this time for aggravated robbery. On June 2, 1997, the trial court revoked Appellant's community corrections placement and imposed his original sentence of incarceration. URL:http://www.tba.org/tba_files/TCCA/walkervi_opn.WP6
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