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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- 05-New Opinion(s) from the Tennessee Court of Appeals
- 10-New Opinion(s) from the Tennessee Court of Criminal Appeals
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Lucian T. Pera
J. C. BRADFORD & COMPANY, a Tennessee Limited Liability Company VS. SOUTHERN REALTY PARTNERS, a Tennessee General Partnership, and WESTON MANAGEMENT COMPANY, A Delaware Corporation Court:TCA Attorneys: Carl H. Langschmidt, Jr.; Bobby M. Leatherman; Parke S. Morris; Armstrong Allen Prewitt Gentry Johnston & Holmes, PLLC, of Memphis For Appellant J. Alan Hanover; James R. Newsom III; Hanover, Walsh, Jalenak & Blair, PLLC, of Memphis For Appellee, Southern Realty Partners Martin W. Brown of Memphis For Appellee, Weston Management Company Judge:CRAWFORD First Paragraph: This is a case involving allegations of fraudulent and negligent misrepresentation and violation of the Tennessee Consumer Protection Act. Plaintiff, J.C. Bradford & Co. (Bradford), appeals from the trial court's decree dismissing its complaint and awarding judgment on the counterclaims of defendants, Southern Realty Partners (Southern) and Weston Management Company (Weston). URL:http://www.tba.org/tba_files/TCA/bradfrdj_opn.WP6 BRAXTON D. DIXON VS. STEVE BRYAN Court:TCA Attorneys: For the Plaintiff/Appellee: For the Defendant/Appellant: C. Tracey Parks William Kennerly Burger Gallatin, Tennessee Murfreesboro, Tennessee Judge:LILLARD First Paragraph: This is an action brought under the Tennessee Consumer Protection Act. The suit arose out of a contract to sell an antebellum log home to be dismantled and moved. The trial court found that the defendant knowingly engaged in a deceptive trade practice, and awarded the plaintiff treble damages and attorney's fees. We affirm. URL:http://www.tba.org/tba_files/TCA/dixonbra_opn.WP6 HOME BUILDERS ASSOCIATION OF MIDDLE TENNESSEE VS. MAURY COUNTY, TENNESSEE, CHARLES W. BURSON, State of Tennessee Attorney General Court:TCA Attorneys: For the Plaintiff/Appellee, For the Defendant/Appellant: Home Builders Association of Middle Tennessee: L. Bruce Peden John Knox Walkup Columbia, Tennessee Charles L. Lewis Forrest B. Bigham Nashville, Tennessee Judge:LILLARD First Paragraph: This case is a challenge to the constitutionality of a county tax. After authorizing the tax, the county adopted a resolution that the tax would not be imposed, and no such taxes have been collected. The trial court denied the State's motion to dismiss. We reverse, finding that there is no justiciable controversy. URL:http://www.tba.org/tba_files/TCA/homebuil_opn.WP6 ROGERS McKINLEY VS. CHARLES TRAUGHBER and ROBERT BYRD Court:TCA Attorneys: ROGER McKINLEY, Pro Se Route 4 Box 600 Pikeville, Tennessee 37367 JOHN KNOX WALKUP Attorney General and Reporter MICHAEL MOORE Solicitor General PAMELA S. LORCH Assistant Attorney General Civil Rights and Claims Division Second Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, Tennessee 37243-0488 ATTORNEYS FOR CHARLES TRAUGHBER Judge:CAIN First Paragraph: This appeal involves a state prisoner's challenge to the decision of the Tennessee Board of Paroles denying him parole. The petitioner filed a pro se petition for a writ of certiorari in the chancery court seeking review of the Board's decision. The trial court granted the respondent's motion to dismiss pursuant to Rule 12.02(6) of the Tennessee Rules of Civil Procedure. We affirm. URL:http://www.tba.org/tba_files/TCA/mckinley_opn.WP6 DAVID PALMER VS. TENNESSEE DEPARTMENT OF CORRECTION Court:TCA Attorneys: DAVID PALMER, Pro Se #116977 NECX POB 5000 Mountain City, Tennessee 37683 JOHN KNOX WALKUP Attorney General and Reporter MICHAEL E. MOORE Solicitor General SOHNIA W. HONG Assistant Attorney General Civil Rights and Claims Division Second Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, Tennessee 37243 ATTORNEYS FOR DEFENDANT/APPELLEE Judge:CAIN First Paragraph: This appeal involves a state prisoner's efforts to obtain judicial review of a decision of the Tennessee Department of Correction. After the Department denied the prisoner the relief that he sought in his Petition for Declaratory Order, the prisoner filed a pro se "Petition for Judicial Review and/or Petition for a Declaratory Judgment and/or Petition for Common-law Writ of Certiorari" in the Chancery Court of Davidson County. The trial court granted the Department's motion to dismiss pursuant to Rule 12.02(6) of Civil Procedure. We affirm the dismissal of the prisoner's petition because it fails to state a claim upon which relief can be granted. URL:http://www.tba.org/tba_files/TCA/palmerd_opn.WP6 STATE OF TENNESSEE VS. DARRYL J. BAILEY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARVIN E. BALLIN JOHN KNOX WALKUP MARK E. MESLER Attorney General and Reporter 200 Jefferson Ave,Ste 1250 Memphis, TN 38103 SARAH M. BRANCH Assistant Attorney General 425 Fifth Avenue Nashville, TN 37243 WILLIAM L. GIBBONS District Attorney General THOMAS D. HENDERSON Assistant District Attorney 201 Poplar Avenue Memphis, TN 38103 Judge:SMITH First Paragraph: On September 23, 1994, a Shelby County jury convicted Appellant Darryl J. Bailey of murder committed during the perpetration of a robbery and sentenced him to life imprisonment. Appellant challenges his conviction, raising the following issues: 1) whether the evidence was sufficient to support his conviction; and 2) whether the trial court erred when it ruled that a statement of a co-defendant could not be introduced into evidence. After a review of the record, we reverse the judgment of the trial court and remand for a new trial. URL:http://www.tba.org/tba_files/TCCA/baileyda_opn.WP6 STATE OF TENNESSEE VS. WILLIAM DORRIS BUCY, II Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MATTHEW M. MADDOX JOHN KNOX WALKUP MADDOX, MADDOX, & MADDOX Attorney General & Reporter P. O. Box 430 Huntingdon, TN 38344 MARVIN E. CLEMENTS Assistant Attorney General Criminal Justice Division 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 ROBERT "GUS" RADFORD District Attorney General P. O. Box 686 Huntingdon, TN 38344 TODD ROSE Assistant District Attorney General P.O. Box 94 Paris, TN 38242 Judge:WITT First Paragraph: A jury in the Henry County Circuit Court convicted the defendant, William Dorris Bucy, II, of possession of more than one-half ounce of marijuana with the intent to manufacture, deliver, or sell, and possession of drug paraphernalia. The trial court sentenced the defendant to one year for possession of marijuana, a class E felony, and to a concurrent sentence of eleven months and twenty-nine days for possession of drug paraphernalia, a class A misdemeanor. The trial court ordered the defendant to serve six months of his sentence in the county jail and the balance on intensive probation. In addition, the trial judge imposed fines of $5,000 and $750. In this appeal, the defendant contends that the trial court erred in denying his motion to suppress the materials obtained through the use of invalid search warrants and that the trial court abused its discretion in admitting various irrelevant but prejudicial items into evidence. We affirm the defendant's convictions. URL:http://www.tba.org/tba_files/TCCA/bucyw_opn.WP6 DAVID CLIFF VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM K. RANDOLPH JOHN KNOX WALKUP 120 N. Mill St., Suite 303 Attorney General and Reporter P. O. Box 611 Dyersburg, TN 38025-0611 MARVIN E. CLEMENTS, JR. Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 PHILLIP BIVENS District Attorney General P. O. Drawer E Dyersburg, TN 38025 Judge:SMITH First Paragraph: This matter represents an appeal by Appellant, David Cliff from the Dyer County Circuit Court's dismissal of his pro se petition for post-conviction relief. Appellant is currently serving a fourteen (14) year sentence for a conviction of aggravated assault. On appeal, Appellant raises the following issue for review: whether the trial court erred in denying Appellant's pro se motion for a new trial based upon the claim of ineffective assistance of counsel. URL:http://www.tba.org/tba_files/TCCA/cliffdav_opn.WP6 STATE OF TENNESSEE VS. RONNIE L. GRAHAM Court:TCCA Attorneys: FOR THE APPELLANT: TERRY D. SMART 371 Carroll Avenue Memphis, TN 38105 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter PETER M. COUGHLAN Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General J. ROBERT CARTER, JR. Assistant District Attorney General Criminal Justice Complex 201 Poplar Avenue, Suite 301 Memphis, TN 38103-1947 Judge:RILEY First Paragraph: Defendant was convicted by a Shelby County jury of driving under the influence of an intoxicant in violation of Tenn. Code Ann. S 55-10-401. The trial court fined him $600 and sentenced him to serve 45 days, all but 48 hours suspended, followed by 11 months and 29 days on probation. In cross-appeals the defendant challenges the admissibility of breath alcohol test results from a Siemens Alcomat device; the state challenges the sentence imposed. This court concludes that the test results were erroneously admitted and that the sentence imposed was improper. Thus, we REVERSE AND REMAND with the admonition that should defendant be found guilty upon retrial, the proper sentence is 11 months and 29 days with an appropriate portion of that sentence suspended and the balance on probation. URL:http://www.tba.org/tba_files/TCCA/grahamrl_opn.WP6 STATE OF TENNESSEE VS. CARLOS D. HAYWOOD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A. C. WHARTON, JR. JOHN KNOX WALKUP Shelby County Public Defender Attorney General & Reporter BARRY KUHN ELIZABETH T. RYAN Assistant Public Defender Assistant Attorney General (At Trial) Criminal Justice Division 425 Fifth Ave. North WALTER GWINN 2d Floor, Cordell Hull Bldg. Assistant Public Defender Nashville, TN 37243-0493 (On Appeal) 201 Poplar Ave., Suite 201 WILLIAM L. GIBBONS Memphis, TN 38103-1947 District Attorney General PATIENCE R. BRANHAM LEE V. COFFEE Assistant District Attorneys General 201 Poplar Ave., Suite 301 Memphis, TN 38103-1947 Judge:WITT First Paragraph: The defendant, Carlos D. Haywood, was convicted in a jury trial in the Shelby County Criminal Court of felony murder and attempt to commit especially aggravated robbery. After a bifurcated trial in which the state sought a life sentence without the possibility of parole, the jury found that the aggravating circumstance did not outweigh the mitigating circumstances beyond a reasonable doubt and sentenced the defendant to life with the possibility of parole. The trial court sentenced the defendant to a consecutive sentence of twelve years as a Range I offender for attempted especially aggravated robbery, a class B felony. In this appeal, the defendant contends (1) that the evidence is legally insufficient to sustain his convictions, (2) that the trial court erred in admitting testimony about the defendant's gang affiliation, (3) that admission of five photographs of the victim's body taken during the autopsy were unfairly prejudicial, and (4) that his sentence is excessive. Our review of the record has uncovered no error requiring reversal of the defendant's convictions. We find, however, that the trial court incorrectly applied several enhancement factors to the defendant's sentence. Therefore, we affirm the judgment of the trial court but modify the defendant's sentence for attempted especially aggravated robbery. URL:http://www.tba.org/tba_files/TCCA/haywdc_opn.WP6 STATE OF TENNESSEE VS. JOHNNY LAWRENCE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A.C. WHARTON JOHN KNOX WALKUP Public Defender Attorney General and Reporter WALKER GWINN GEORGIA BLYTHE FELNER Assistant Public Defender Assistant Attorney General 201 Poplar Avenue 425 Fifth Avenue North Memphis, TN 38103 Nashville, TN 37243 WILLIAM GIBBONS District Attorney General DAVID C. HENRY Assistant District Attorney General Criminal Justice Complex, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge:WELLES First Paragraph: The Defendant, Johnny Lawrence, pursuant to Tennessee Rule of Appellate Procedure 3(b), appeals as of right his convictions for driving under the influence of an intoxicant--second offense and reckless driving. The sole issue for review by this Court is whether his conviction on both charges under the facts of this case violates Defendant's right against double jeopardy as provided by the Tennessee Constitution. We conclude that it does not, and we affirm the verdict of the jury as approved by the trial court. URL:http://www.tba.org/tba_files/TCCA/lawrenjo_opn.WP6 STATE OF TENNESSEE VS. RATHAL PERKINS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CLIFFORD K. McGOWN, JR. JOHN KNOX WALKUP 113 North Court Square Attorney General and Reporter P.O. Box 26 Waverly, TN 37185 CLINTON J. MORGAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 CLAYBURN L. PEEPLES District Attorney General 109 East First Street Trenton, TN 38382 Judge:WELLES First Paragraph: The Defendant, Rathal Perkins, was convicted of first degree murder and sentenced to life imprisonment. He now appeals his conviction, pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant presents only one issue on appeal: whether the evidence is sufficient to support a finding of premeditation to sustain his conviction for first degree murder. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/perkinsr_opn.WP6 STATE OF TENNESSEE VS. GEORGE WASHINGTON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A.C. WHARTON JOHN KNOX WALKUP Public Defender Attorney General and Reporter WALKER GWINN GEORGIA BLYTHE FELNER Assistant Public Defender Assistant Attorney General 201 Poplar Avenue 425 Fifth Avenue North Memphis, TN 38103 Nashville, TN 37243-0493 WILLIAM GIBBONS District Attorney General JULIE MOSLEY Assistant District Attorney General Criminal Justice Complex, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge:WELLES First Paragraph: The Defendant, George Washington, pursuant to Tennessee Rule of Appellate Procedure 3(b), appeals as of right his conviction for driving under the influence of an intoxicant. The sole issue we review on appeal is whether the evidence presented at trial was sufficient to convict Defendant of that offense. We conclude that the evidence overwhelmingly supports the finding of Defendant's guilt, and we therefore affirm his conviction. URL:http://www.tba.org/tba_files/TCCA/washinge_opn.WP6 STATE OF TENNESSEE VS. CHRISTOPHER A. WILLIAMS Court:TCCA Attorneys: For Appellant: For Appellee: James V. Ball John Knox Walkup Attorney at Law Attorney General & Reporter 217 Exchange Avenue Memphis, TN 38105 Peter M. Coughlan Assistant Attorney General 425 Fifth Avenue North Cordell Hull Building, Second Floor Nashville, TN 37243-0493 Patience Branham Assistant District Attorney General Criminal Justice Complex 201 Poplar Street, Suite 301 Memphis, TN 38103 Judge:WADE First Paragraph: The defendant, Christopher A. Williams, was indicted for first degree murder, felony murder and attempted aggravated robbery and tried as an adult. The first trial ended in a mistrial. In the second trial, the jury could not reach a verdict on either of the murder indictments but found the defendant guilty of attempted aggravated robbery. The defendant, fourteen years old at the time of the offense, was sentenced as a Range I offender to six years in the county workhouse and fined $1,000.00. In this appeal of right, the defendant challenges the sufficiency of the evidence. URL:http://www.tba.org/tba_files/TCCA/williams_wpd.WP6 WALTER JAMES WILSON VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARY CAY JERMANN JOHN KNOX WALKUP P.O. Box 3410 Attorney General and Reporter Memphis, TN 38173 DOUGLAS D. HIMES Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM GIBBONS District Attorney General MICHAEL H. LEAVITT Assistant District Attorney General Criminal Justice Complex, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge:WELLES First Paragraph: The Petitioner, Walter Wilson, was convicted of second degree murder based upon a guilty plea. He now appeals as of right the trial court's denial of post-conviction relief, pursuant to Tennessee Code Annotated S 40-30-216 and Rule 3(b) of the Tennessee Rules of Appellate Procedure. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/wilsonwa_opn.WP6
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