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.
- 02-New Opinion(s) from the Tennessee Supreme Court
- 02-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
- 01-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
- 15-New Opinion(s) from the Tennessee Court of Appeals
- 12-New Opinion(s) from the Tennessee Court of Criminal Appeals
- 00-New Judicial Ethics Opinion(s)
- 00-New Formal Ethics Opinion(s) from the Board of Professional Responsibility
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Lucian T. Pera
DEBORAH WILLIAMS VS. TECUMSEH PRODUCTS COMPANY Court:TSC Attorneys: For Appellee: For Appellant: GAYDEN DREW IV DAVID F. HESSING Jackson, TN Paris, TN Judge:BIRCH First Paragraph: The Special Workers' Compensation Appeals Panel approved the trial court's award of benefits to Deborah Williams, the plaintiff, who had suffered symptoms of carpal tunnel syndrome related to her employment as an assembly-line worker for Tecumseh Products Company, the defendant. At issue are the causation and permanency of the worker's injuries and the payment of discretionary costs related to the deposition of an examining physician. For the reasons appearing below, we adopt the panel's findings of fact and conclusions of law with respect to the issues of causation and permanency. Although we affirm the award of discretionary costs, we vacate the panel's order invalidating certain local procedures of the Twenty-Fourth Judicial District. URL:http://www.tba.org/tba_files/TSC/williamd_opn.WP6 DEBORAH WILLIAMS VS. TECUMSEH PRODUCTS COMPANY Court:TSC First Paragraph: This cause came to be heard upon the briefs and the record upon review of the findings of fact and conclusions of law of the Special Workers' Compensation Appeals Panel pursuant to Tenn. Code Ann. S 50-6-225(e)(5)(A). The Court is of the opinion that under the facts of this case, the evidence does not preponderate against the trial court's findings of causation, permanency, and extent of vocational disability. The Court is also of the opinion that the trial court properly awarded discretionary costs to the plaintiff. We vacate, however, the order of the Special Workers' Compensation Appeals Panel invalidating the Twenty-Fourth Judicial District's procedures for workers' compensation cases, expressing neither approval nor disapproval of those procedures. In accordance with the opinion filed herewith, it is, therefore, ORDERED AND ADJUDGED by this Court that the judgment of the Trial Court is affirmed. URL:http://www.tba.org/tba_files/TSC/williamdr_ord.WP6 MELISSA COOPER VS. XEROX CORPORATION Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Lori J. Keen R. Linley Richter, Jr. Glassman, Jeter, Edwards & 371 Carroll Avenue Wade, P.C. Memphis, TN 38105 26 North Second Street Memphis, TN 38103 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. 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/cooperme_opn.WP6 GARY CHARLES HILL VS. INSURANCE COMPANY OF NORTH AMERICA Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: F. R. Evans Thomas L. Wyatt 800 First Tenn. Bldg. 500 Lindsay Street Chattanooga, Tenn. 37402 Chattanooga, Tenn. 37402 Judge:THAYER 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. The trial court awarded the employee, Gary Charles Hill, 10% permanent partial disability to the body as a whole. The insurance carrier, Insurance Company of North America, has appealed contending the evidence does not support a finding of permanent disability. URL:http://www.tba.org/tba_files/TSC_WCP/hillgary_wc.WP6 SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules URL:http://www.tba.org/tba_files/TSC_Rules/statelst_112.WP6 BERNICE BOWLES and THOMAS BOWLES VS. BETTY ADAMS Court:TCA Attorneys: CHARLES M. CLIFFORD, Maryville, for Appellants. JERRY M. MARTIN, Knoxville, for Appellee. Judge:MCMURRAY First Paragraph: This is a very simple case involving a single issue. The plaintiffs filed an action in the General Sessions Court for Blount County arising from the same cause of action. That action was subsequently dismissed for failure to prosecute. Plaintiffs thereafter filed this action in the Circuit Court. The defendant answered and filed a motion to dismiss pursuant to Rule 12.02(6), Tennessee Rules of Civil Procedure, i.e., failure to state a claim for which relief can be granted. Defendant's argument was that the plaintiffs' claim was res judicata because of the dismissal in general sessions court for failure to prosecute. The motion was sustained and plaintiffs' case was dismissed. This appeal resulted. URL:http://www.tba.org/tba_files/TCA/bowlesb_opn.WP6 PHYLLIS RENEE BROWN VS. CHARLES CHANDLER BROWN, SR. WITH CONCURRING OPINION Court:TCA Attorneys: JOY TANNER BOMAR Memphis, Tennessee Attorney for Petitioner JOHN D. HORNE Memphis, Tennessee Attorney for Respondent Judge:HIGHERS First Paragraph: Charles Chandler Brown, Sr. (Father), appeals the trial court's order denying his petition to modify the custody arrangement previously agreed to by the parties and set forth in their final divorce decree. For the reasons stated hereinafter, we affirm the trial court's judgment with certain modifications. URL:http://www.tba.org/tba_files/TCA/brownpr_opn.WP6 CONCURRING: URL:http://www.tba.org/tba_files/TCA/brownprc_con.WP6 JOSEPH R. CARUTHERS VS. DIANE L. CARUTHERS Court:TCA Attorneys: M. JANE POWERS, The Powers Law Firm, Crossville, for Appellant. SHARON SERRA, Crossville, for Appellee. Judge:MCMURRAY First Paragraph: This appeal is from a judgment in a divorce action heard in the Probate and Family Court of Cumberland County. The appellant challenges the trial court's division of the marital estate, the adequacy of her hearing before the court, and the trial court's award of $5,000.00 to the appellee for improvements to the appellant's separate property. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCA/caruthej_opn.WP6 WILLIAM DAVID FOWLER and wife LINDA FOWLER VS. RICHARD BOWIE, M. D. Court:TCA Attorneys: FRANCIS X. SANTORE and FRANCIS X. SANTORE, JR., OF GREENEVILLE FOR APPELLANTS JAMES E. BRADING OF JOHNSON CITY FOR APPELLEE Judge:GODDARD First Paragraph: In this medical malpractice case, Plaintiffs William David Fowler and his wife Linda Fowler appeal the Trial Court's sustaining a motion to dismiss filed by the Defendant, Richard Bowie, M. D. URL:http://www.tba.org/tba_files/TCA/fowler~1_wpd.WP6 FRIZZELL CONSTRUCTION COMPANY, INC. VS. GATLINBURG, L.L.C Court:TCA Attorneys: C. PAUL HARRISON, Long, Ragsdale & Waters, P.C., Knoxville, for Appellant. BERNARD E. BERNSTEIN & CELESTE H. HERBERT, Bernstein, Stair & McAdams, L.L.P., Knoxville, for Appellee. Judge:MCMURRAY First Paragraph: The facts of this case, as material to this appeal, are relatively simple. The parties entered into a contract for the construction of a hotel in Gatlinburg, Tennessee. The contract was a standard Associated General Contractors Construction Manager contract styled "Standard Form of Agreement Between Owner and Construction Manager." The agreement contains two provisions that are germane to the issues under consideration here. URL:http://www.tba.org/tba_files/TCA/frizelcc_opn.WP6 CHESLEY LEA JACKSON and WILMA JEAN WILSON VS. BOBBY J. DOTSON and wife, ANDREA DOTSON, and DENVER DOTSON Court:TCA Attorneys: J. PHILIP HARBER, Clinton, for Appellants PHILIP R. CRYE, Clinton, for Appellees Judge:MCMURRAY First Paragraph: This case was heard at a bench trial and at the conclusion of the plaintiffs' proof, the defendants moved the court for an involuntary dismissal of the plaintiffs' case. Rather than rule on the motion at that time, the court allowed the plaintiffs to reopen their proof. After additional proof was introduced and the plaintiff rested, the defendants renewed their motion for dismissal. URL:http://www.tba.org/tba_files/TCA/jacksonc_opn.WP6 JOHNNIE FAY KENNEDY f/k/a Johnnie Fay (Fann) Robson VS. KENNETH WAYNE ROBSON Court:TCA Attorneys: MICHAEL W. EDWARDS 177 East Main Street Hendersonville, Tennessee 37075 ATTORNEY FOR PLAINTIFF/APPELLEE THOMAS L. WHITESIDE Fowlkes & Whiteside 172 Second Avenue North, Suite 204 Nashville, Tennessee 37201-1908 ATTORNEY FOR DEFENDANT/APPELLANT Judge:CAIN First Paragraph: This case represents an attempt on the part of the attorney of a successful divorce litigant to enforce an award of attorneys fees, using the contempt powers of the trial court having jurisdiction, in the name not of the attorney but of the litigant. The relevant facts reveal that the court below entered a final decree of divorce in Appellee's favor, which states: (12) The court hereby awards the WIFE her reasonable attorney's fees due Michael W. Edwards in the amount of $5497.00 as alimony in solido, the same to be considered a judgment in favor of MICHAEL W. EDWARDS against HUSBAND, KENNETH WAYNE ROBSON, for which execution may issue if necessary. URL:http://www.tba.org/tba_files/TCA/kennedyj_opn.WP6 BONNIE SUE LESCARBEAU VS. LAWRENCE ALFRED LESCARBEAU, JR. Court:TCA Attorneys: LAWRENCE A. LESCARBEAU, JR., Appellant, Pro Se LINDA THOMAS WOOLSEY OF GREENEVILLE FOR APPELLEE Judge:GODDARD First Paragraph: Lawrence Alfred Lescarbeau, Jr., appeals a judgment of the Greene County Circuit Court which granted his wife, Bonnie Sue Lescarbeau, a divorce and custody of their minor son with the provision that "all visitation exercised by the Defendant shall be supervised by the Plaintiff until further hearings of this Court." URL:http://www.tba.org/tba_files/TCA/lescar~1_wpd.WP6 SARAH MOORE VS. ARCHIE T. MOORE, III Court:TCA Attorneys: JAMES H. BEELER OF KINGSPORT FOR APPELLANT TIMOTHY R. WILKERSON OF KINGSPORT FOR APPELLEE Judge: GODDARD First Paragraph: Appellant, Archie T. Moore, III, appeals the Chancery Court's judgment that it lacked jurisdiction as a matter of law to address the issue of child custody in a divorce proceeding because Mr. Moore is not the biological father of Brittney Moore, the child in question. The Chancery Court left the child in the custody of her mother, Ms. Sarah Moore, the Appellee and former third wife of Mr. Moore. URL:http://www.tba.org/tba_files/TCA/moores_opn.WP6 RAY PLEASANT VS. MICHAEL J. REPASS and PAMELA S. REPASS Court:TCA Attorneys: TIMOTHY E. SCOTT OF KINGSPORT FOR APPELLANT WILLIAM K. ROGERS OF KINGSPORT FOR APPELLEE Judge:GODDARD First Paragraph: This appeal had its genesis in a real estate transaction wherein Defendants-Appellants Michael J. Repass and his wife Pamela S. Repass sold a tract of land to Plaintiff-Appellee Ray Pleasant. A judgment in favor of Mr. Pleasant in the amount of $22,224.70 was granted upon the theory that the Defendants had misrepresented certain material matters in the sale of the property. URL:http://www.tba.org/tba_files/TCA/pleasa~1_wpd.WP6 GINA M. CATAPANO SANJINES VS. J. ARIEL SANJINES Court:TCA Attorneys: JORGE ARIEL SANJINES, Pro Se WILLIAM H. HORTON, Horton, Maddox & Anderson, PLLC, Chattanooga, for Appellee. Judge:MCMURRAY First Paragraph: We granted this appeal pursuant to Rule 10, Tennessee Rules of Appellate Procedure solely for the purpose of addressing the action of the trial judge in refusing to recuse himself on motion of the defendant, appellant. Upon consideration, we are of the opinion that the trial judge should have recused himself. We, therefore, remand the case to the trial court with instructions that the trial judge shall recuse himself from further hearings in this matter and shall through regular procedure have the matter assigned to another judge. URL:http://www.tba.org/tba_files/TCA/sanjingm_opn.WP6 SWAN SEYMOUR VS. JOE SEYMOUR AND SEYMOUR CHARTER BUS LINES, INC. Court:TCA Attorneys: JAMES S. MacDONALD, Dunn, MacDonald & Coleman, P.C., Knoxville, for Appellants. JOHNNY V. DUNAWAY, Dunaway Law Office, LaFollette, for Appellee. Judge:MCMURRAY First Paragraph: This is a dispute, basically, among family members over the ownership, control, and liabilities of Seymour Charter Bus Lines, Inc.; parcels of real estate and the various personal obligations of the parties to each other. The plaintiff, Swan Seymour, is the father of the defendant, Joe Seymour, also known as Joseph O. Seymour. Swan Seymour, Joe Seymour, and Seymour Charter Bus Lines, Inc., were the original parties to this action. Subsequent to the filing of the verified original complaint, the plaintiff filed a verified amended complaint adding as defendants, Jean Seymour, ex-wife and long-time, live-in companion of the plaintiff, (who had been held out as plaintiff's wife for many years) and Kathryn C. Seymour, wife of Joe Seymour. All issues as to Jean Seymour and Kathryn C. Seymour were settled and they are not parties to this appeal. URL:http://www.tba.org/tba_files/TCA/seymours_opn.WP6 KEVIN R. WAGNER and PEGGY A. WAGNER VS. TABOR CONSTRUCTION, INC. and JOHN TABOR, D/B/A TABOR CON-CONSTRUCTION COMPANY Court:TCA Attorneys: THOMAS R. HENLEY, Knoxville, for Appellant, Tabor Construction Company. BRENT R. WATSON, Knoxville, for Appellee, Kevin R. Wagner. Judge:MCMURRAY First Paragraph: The facts of this case are relative simple. The plaintiffs contracted to purchase a house from the defendant. When the house was complete, excepting some "punch list items" the parties entered into a second contract. By the terms of the second contract, the defendant was to place $5,000.00 in escrow with the monies to be used toward the completion of the "punch list" items. Part of the work was completed on the "punch list" items. URL:http://www.tba.org/tba_files/TCA/wagnerkr_opn.WP6 STATE OF TENNESSEE ex rel. DEBORAH D. WILLIS VS. CECIL WILLIS, JR. Court:TCA Attorneys: William B. Lawson P.O. Box 16 112 Gay Street Erwin, Tennessee 37650 ATTORNEY FOR DEFENDANTS/APPELLEES, Kimberly M. Frayn 2nd Floor, Cordell Hull Bldg. 425 Fifth Avenue, North Nashville, Tennessee 37243-0499 ATTORNEY FOR PLAINTIFF/APPELLANT Judge:TODD First Paragraph: This case involves the efforts of the State of Tennessee on relation of Deborah D. Willis, former wife of Cecil Willis, Jr., to obtain the revocation of a surrender executed by him surrendering his three children, Deborah May, Pamela R. and Andrew V. for adoption. The Juvenile Judge, who witnessed the surrenders, later entertained the petition to revoke and ordered the surrenders to be revoked. The respondent, Cecil Willis, Jr., has appealed to this Court, presenting the following issue: I. Whether a Trial Court has authority to revoke a "surrender of Child" by the natural father directly to the natural mother and stepfather almost four (4) years after its execution. Furthermore, whether a surrender simply becomes void after the passing of 120 days when an adoption has not yet occurred. URL:http://www.tba.org/tba_files/TCA/willisc1_opn.WP6 VIRGINIA LYNN WOOLSEY VS. DOUGLAS HARMON McPHERSON Court:TCA Attorneys: Wilburt J. Chiapella, Memphis, Tennessee Attorney for Plaintiff/Appellant. Kimbrough B. Mullins, Memphis, Tennessee David E. Caywood, Memphis, Tennessee Attorneys for Defendant/Appellee. Judge:FARMER First Paragraph: Plaintiff Virginia Lynn Woolsey appeals the trial court's order removing Jennifer McPherson from her custody and placing the child in the custody of Defendant Douglas Harmon McPherson. McPherson appeals the trial court's order requiring him to pay the $15,000 fee of the Guardian ad Litem. We affirm in all respects. URL:http://www.tba.org/tba_files/TCA/woolseyv_opn.WP6 STATE OF TENNESSEE VS. CHARLES MADISON BLACKMAN, JR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SAM E. WALLACE, JR. JOHN KNOX WALKUP 227 Second Avenue, North Attorney General & Reporter Second Floor Nashville, TN 37201 GEORGIA BLYTHE FELNER Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 WILLIAM C. WHITESELL District Attorney General Third Floor Judicial Building Murfreesboro, TN 37130 Judge:WOODALL First Paragraph: Charles Madison Blackman, Jr., appeals as of right following his conviction in the Rutherford County Criminal Court. Following a trial by jury, the Defendant was convicted of driving under the influence, second offense. Defendant filed a motion for judgment of acquittal and for new trial which was denied by the trial court. In this appeal, Defendant contests the sufficiency of the evidence. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/blckmncm_opn.WP6 RICHARD BROWN, JR. VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARK STEPHENS JOHN KNOX WALKUP Public Defender Attorney General & Reporter PAULA R. VOSS Elizabeth B. Marney -and- Asst. Attorney General JOHN HALSTEAD 425 Fifth Ave., North Asst. Public Defenders 2nd Floor, Cordell Hull Bldg. 1209 Euclid Ave. Nashville, TN 37243-0493 Knoxville, TN 37921 RANDALL NICHOLS District Attorney General ROBERT L. JOLLEY, JR. Asst. District Attorney General District Attorney General's Office City-County Bldg. Knoxville, TN 37902 Judge:PEAY First Paragraph: On July 23, 1993, the petitioner pled guilty to second-degree murder, especially aggravated robbery, four counts of aggravated robbery, and one count of theft. He was then sentenced to a total of sixty years to be served in the Tennessee Department of Correction. On March 25, 1994, he filed a petition for post-conviction relief alleging that he was denied the effective assistance of counsel. Following an evidentiary hearing on June 5, 1997, the post-conviction court denied his petition. It is from this denial that the petitioner now appeals. After a review of the record and applicable law, we find no merit to the petitioner's appeal and thus affirm the judgment of the court below. URL:http://www.tba.org/tba_files/TCCA/brownr_opn.WP6 STATE OF TENNESSEE VS. ELISA COCHRAN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: KENNETH F. IRVINE, JR. JOHN KNOX WALKUP Eldridge, Irvine & Hendricks Attorney General & Reporter 606 W. Main St., Suite 350 P. O. Box 84 ELIZABETH B. MARNEY Knoxville, TN 37901-0084 Assistant Attorney General (Appeal) 425 Fifth Avenue North Second Floor, Cordell Hull Building THOMAS E. KIMBALL Nashville, TN 37243-0493 Assistant Public Defender 110 _ Washington Avenue, N.E. JERRY N. ESTES Athens, TN 37303 District Attorney General (Trial) SANDRA DONAGHY Assistant District Attorney 10th Judicial District Washington Avenue Athens, TN 37303 Judge:WOODALL First Paragraph: The defendant, Elisa Cochran, was convicted of felony murder and received a mandatory sentence of life imprisonment. This is an appeal as of right of that conviction. URL:http://www.tba.org/tba_files/TCCA/cochrane_opn.WP6 STATE OF TENNESSEE VS. THOMAS MICHAEL DAVENPORT WITH DISSENTING OPINION Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GUY R. DOTSON, JR. JOHN KNOX WALKUP 102 South Maple Street Attorney General & Reporter Murfreesboro, TN 37130 TIMOTHY BEHAN Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 WILLIAM C. WHITESELL, JR. District Attorney General JOHN W. PRICE, III Assistant District Attorney General 303 Rutherford County Judicial Bldg. Murfreesboro, TN 37130 Judge:WOODALL First Paragraph: The Defendant, Thomas Michael Davenport, appeals as of right from the trial court's order revoking his probation. In this appeal, Defendant argues that the trial court erred by admitting into evidence a laboratory report in violation of his constitutional rights to confront and cross-examine witnesses and by concluding that the evidence was sufficient to show a violation of the terms of his probation. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/dvnprttm_opn.WP6 DISSENT: URL:http://www.tba.org/tba_files/TCCA/davenpor_dis.WP6 STATE OF TENNESSEE VS. DORIS MARIE DEBUHR Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: C. Michael Robbins John Knox Walkup 46 North Third Street Attorney General & Reporter Suite 719 425 Fifth Avenue, North Memphis, TN 38103 Nashville, TN 37243-0493 (On Appeal) Douglas D. Himes George Morton Googe Assistant Attorney General District Public Defender 425 Fifth Avenue, North Daniel J. Taylor Nashville, TN 37234-0493 Assistant Public Defender 227 West Baltimore Street James G. Woodall Jackson, TN 38301 District Attorney General (At Trial) 225 Martin Luther King Drive Jackson, TN 38302-2825 Donald H. Allen Assistant District Attorney General 225 Martin Luther King Drive Jackson, TN 38302-2825 Judge:LAFFERTY First Paragraph: The appellant, Doris Marie Debuhr, who will be herein referred to as the defendant, appeals as of right from a judgment of the Madison County Circuit Court revoking her probation. The defendant presents two issues for appellate review: (1) the trial court erred by receiving exhibit 1 at the probation revocation hearing, and (2) the trial court erred by ordering the defendant to be incarcerated after finding the defendant was in violation of conditions of her probation. After a review of the record, briefs of the parties, and appropriate law, the trial court's judgment is affirmed. URL:http://www.tba.org/tba_files/TCCA/debuhrdm_opn.WP6 LARRY KELLEY VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ASHLEY OWNBY JOHN KNOX WALKUP 180 North Ocoee St. Attorney General & Reporter Cleveland, TN 37311 (On Appeal) ELIZABETH B. MARNEY Asst. Attorney General STEVEN DAVIS CRUMP John Sevier Bldg. P.O. Box 42 425 Fifth Ave., North Cleveland, TN 37364-0042 Nashville, TN 37243-0493 (At Hearing) JERRY N. ESTES District Attorney General REBBLE JOHNSON Asst. District Attorney General P.O. Box 1351 Cleveland, TN 37364 Judge:PEAY First Paragraph: A jury found the petitioner guilty of first-degree murder on December 5, 1991, and a trial court subsequently sentenced the petitioner to life imprisonment. The petitioner timely appealed to this Court, which affirmed the petitioner's convictions. See State v. Kelley, 868 S.W.2d 733 (Tenn. Crim. App. 1993). The petitioner's counsel, Mr. Randy Rogers, failed to file an application to appeal by permission to the Tennessee Supreme Court for further review. URL:http://www.tba.org/tba_files/TCCA/kelleyl_opn.WP6 ROYCE LEE "DINO" LANE VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Vanedda Prince Charles W. Burson P.O. Box 26 Attorney General of Tennessee Union City, TN 38281 and Clinton J. Morgan Assistant Attorney General of Tennessee 450 James Robertson Parkway Nashville, TN 37243-0493 C. Phillip Bivens District Attorney General and James E. Lanier Assistant District Attorney General 113 S. Mill Ave. P.O. Box E Dyersburg, TN 38024 Judge:TIPTON First Paragraph: The petitioner, Royce Lee "Dino" Lane, appeals as of right from the Dyer County Circuit Court's denial of post-conviction relief after an evidentiary hearing. The petitioner is presently in the Department of Correction serving an effective sentence of twenty-six years for his 1991 convictions for second degree murder, criminally negligent homicide and unlawful possession of a firearm during the commission of the second degree murder. The petitioner contends that he received the ineffective assistance of trial counsel, that his due process rights were violated because the jury was allowed to see him in shackles, and that the reasonable doubt jury instruction allowed the jury to convict him based on a lower standard of proof than is constitutionally required. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/lanerl_opn.WP6 STATE OF TENNESSEE VS. MICHAEL D. LOVE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: C. MICHAEL ROBBINS JOHN KNOX WALKUP 46 North Third Street Attorney General and Reporter Suite 719 Memphis, TN 38103 CLINTON J. MORGAN Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 JERRY WOODALL District Attorney General JAMES W. THOMPSON Assistant District Attorney General Lowell Thomas State Office Bldg. Jackson, TN 38301 Judge:WELLES First Paragraph: The Defendant appeals as of right from the judgment of the trial court which found him to be in violation of the terms of his probation. He argues that the trial court erred in ordering the balance of his sentence to be served in confinement. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/lovemd_opn.WP6 STATE OF TENNESSEE VS. JACOB MEEKS WITH DISSENTING OPINION Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: David Crichton John Knox Walkup 111 W. Market Street Attorney General & Reporter Bolivar, TN 38008 Douglas D. Himes Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Judge:BYERS First Paragraph: The defendant appeals from the dismissal of a petition for post-conviction relief, wherein he sought a delayed appeal from the judgment of the Court of Criminal Appeals, which affirmed his trial court conviction for "hindering a secured creditor," to the Supreme Court. URL:http://www.tba.org/tba_files/TCCA/meeksjac_cca.WP6 DISSENT: URL:http://www.tba.org/tba_files/TCCA/meeksjac_dis.WP6 STATE OF TENNESSEE VS. LARRY ALAN MORRIS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: VICKI FRYE-FOWLKES JOHN KNOX WALKUP 116 First Avenue, N.W. Attorney General and Reporter Winchester, TN 37398 DARYL J. BRAND Senior Counsel 425 Fifth Avenue North Nashville, TN 37243 J. MICHAEL TAYLOR District Attorney General STEVEN M. BLOUNT Assistant District Attorney 324 Dinah Shore Blvd. Winchester, TN 37398 Judge:SMITH First Paragraph: On May 15, 1997, Appellant, Larry Alan Morris, pled guilty to aggravated assault by causing serious bodily injury with the use of a deadly weapon. The parties agreed, as a part of the plea agreement, that Appellant would serve a five year sentence. The manner of service was left to the discretion of the trial court. Franklin County Circuit Court Judge, the Honorable Thomas W. Graham, sentenced Appellant to five years imprisonment on July 21, 1997. At the request of the State, the trial court noted on the judgment that the court suggested that Appellant be placed in a special needs facility. Appellant appeals from the length of his sentence and a denial of community corrections placement or other alternative sentence. After a review of the record, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/morrlar_opn.WP6 STATE OF TENNESSEE VS. CARLTON SMITH Court:TCCA Attorneys: For the Appellant: For the Appellee: Darryl Humphrey John Knox Walkup P.O. Box 6655 Attorney General of Tennessee Knoxville, TN 37914 and Ellen H. Pollack Assistant Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 Randall E. Nichols District Attorney General and Paula Gentry Assistant District Attorney General City County Building Knoxville, TN 37902 Judge:TIPTON First Paragraph: The defendant, Carlton Smith, appeals as of right from his conviction following a jury trial in the Knox County Criminal Court for possession with intent to sell less than one-half gram of cocaine, a Class C felony. As a Range II, multiple offender, the defendant was sentenced to eight years in the custody of the Department of Correction, and he was fined ten thousand dollars. On appeal, the defendant contends that the evidence is insufficient to support his conviction. He argues that the state did not prove beyond a reasonable doubt all of the essential elements of the crime. We affirm the trial court's judgment of conviction. URL:http://www.tba.org/tba_files/TCCA/smithc_opn.WP6 STATE OF TENNESSEE VS. JAMES CHRISTOPHER TATROW Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN E. APPMAN JOHN KNOX WALKUP P.O. Box 99 Attorney General & Reporter Jamestown, TN 38556 MICHAEL J. FAHEY, II LARRY WARNER Assistant Attorney General P.O. Box 601 Criminal Justice Division Crossville, TN 38557 425 Fifth Ave. North Second Floor, Cordell Hull Building Nashville, TN 37243-0493 WILLIAM E. GIBSON District Attorney General DAVID A. PATTERSON ANTHONY J. CRAIGHEAD Assistant District Attorney Generals 145 South Jefferson Ave. Crossville, TN 38555 Judge:WITT First Paragraph: A jury in Cumberland County Criminal Court convicted the defendant, James Christopher Tatrow, of two counts of felony murder and two counts of especially aggravated kidnapping in the deaths of Roger Zammit and John Harry. The defendant was also convicted of two counts of premeditated and deliberate murder of the same victims. The trial court set aside those verdicts, however, as the thirteenth juror. See Tenn. R. Crim. P. 33 (f). In the sentencing phase, the jury declined to impose the death penalty or life without parole and sentenced the defendant to serve life sentences with the possibility of parole. At the conclusion of a sentencing hearing, the trial court ordered the defendant to serve two consecutive life sentences concurrently with sentences of 22 years for the kidnapping convictions. The defendant now challenges the validity of the convictions and the propriety of consecutive sentencing pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. URL:http://www.tba.org/tba_files/TCCA/tatrowjc_opn.WP6
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