March 15, 1999
Volume 5 -- Number 035

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
 
02 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
12 New Opinion(s) from the Tennessee Court of Appeals
11 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
Editor-in-Chief, TBALink

		
DAVID ALCAZAR
v.      
CHRISTOPHER HAYES
and
GOVERNMENT EMPLOYEES INSURANCE COMPANY

Court:TSC

Attorneys: 

FOR APPELLANT:                  FOR APPELLEE:

Jimmy W. Bilbo                  Donald W. Strickland
Logan, Thompson, Miller, Bilbo, Steven W. Grant
   Thompson & Fisher, P.C.      Grant, Konvalinka & Harrison, P.C.
Cleveland, TN                   Chattanooga, TN 
                            

Judge:DROWOTA

First Paragraph:

This suit arose from a motor vehicle accident in which plaintiff David
Alcazar was injured.  Alcazar appeals from the Court of Appeal's
affirmance of the trial court's award of summary judgment to defendant
Government Employees Insurance Company ("GEICO").  The sole issue for
our determination is whether an insurance policy is automatically
forfeited when the insured does not comply with the policy's notice
provision, regardless of whether the insurer has been prejudiced by
the delay.  For the reasons stated hereinafter, we reverse the
judgments of the lower courts and remand the case to the trial court.

http://www.tba.org/tba_files/TSC/Alcazard_opn.WP6



STATE OF TENNESSEE VS. CAROLYN L. CURRY Court:TSC Attorneys: For Appellant: For Appellee: Donald E. Parish John Knox Walkup IVEY, PARISH & JOHNS Attorney General & Reporter Huntingdon, Tennessee Michael E. Moore Solicitor General Timothy F. Behan Assistant Attorney General Nashville, Tennessee At Trial: Robert Radford District Attorney General Eleanor Cahill Assistant District Attorney General Huntingdon, Tennessee Judge:ANDERSON First Paragraph: We granted this appeal to determine whether the trial court properly ruled that the prosecution abused its discretion by failing to consider all of the relevant factors in denying the defendant's application for pretrial diversion, and whether the Court of Criminal Appeals erred in remanding the case for an evidentiary hearing. The Court of Criminal Appeals agreed that the prosecutor's written letter denying diversion did not discuss all of the relevant factors, but remanded for an evidentiary hearing to allow the prosecutor to testify as to the factors that were considered in denying pretrial diversion. http://www.tba.org/tba_files/TSC/Currycl_opn.WP6
MICHELLE BALL, for herself and as next of kin of MIRANDA K. BALL, deceased VS. HAMILTON COUNTY EMERGENCY MEDICAL SERVICES Court:TCA Attorneys: For Appellant For Appellee MICHAEL E. RICHARDSON RHEUBIN M. TAYLOR Poole, Thornbury, Morgan Hamilton County Attorney & Richardson Chattanooga, Tennessee Chattanooga, Tennessee MARY NEILL SOUTHERLAND Assistant Hamilton County Attorney Chattanooga, Tennessee Judge:SUSANO First Paragraph: This civil action was filed by Michelle Ball ("Ms. Ball") against Hamilton County Emergency Medical Services ("HCEMS") and others, seeking damages for the wrongful death of Ms. Ball's 16-month-old daughter, Miranda K. Ball ("Miranda"). The suit against HCEMS brought into play the provisions of the Governmental Tort Liability Act. Following a bench trial, the court dismissed the complaint as to HCEMS, finding that HCEMS did not have a duty to transport Miranda to the hospital in the face of her mother's decision that the child's condition was not such as to require a trip to the hospital. The court further found that HCEMS's emergency medical technicians ("the EMTs") did not violate their standard of care by failing to advise Ms. Ball that croup could be life-threatening under certain circumstances. http://www.tba.org/tba_files/TCA/Ballm_opn.WP6
CHARLES A. BUTLER VS. TENNESSEE DEPARTMENT OF CORRECTION Court:TCA Attorneys: CHARLES A. BUTLER #136479 Northeast Correctional Center P. O. Box 5000 Mountain City, Tennessee 37683 Pro Se/Petitioner/Appellant JOHN KNOX WALKUP Attorney General and Reporter MICHAEL L. HAYNIE Assistant Attorney General 425 Fifth Avenue North Nashville, Tennessee 37243-0488 Attorney for Respondent/Appellee Judge:CANTRELL First Paragraph: An inmate sentenced to seventy-five years imprisonment under the Class X law filed a petition for writ of certiorari and for declaratory judgment, claiming that he was entitled to have his sentence recalculated under the more lenient statute that was enacted after he was sentenced. The trial court dismissed the petition. We affirm. http://www.tba.org/tba_files/TCA/Butlerca_opn.WP6
DOROTHY ANN ELLIS VS. FLORA TRENTHAM, BUD TRENTHAM, and JANICE TRENTHAM Court:TCA Attorneys: DOROTHY ANN ELLIS, Pro Se CYNTHIA RICHARDSON WYRICK OF SEVIERVILLE FOR APPELLEES Judge:GODDARD First Paragraph: This suit was originated by Dorothy Ann Ellis against Flora Trentham, Bud Trentham and Janice Trentham and seeks, in connection with the parties' adjacent properties, the following relief: 1. That an injunction be issued against the defendants requiring them to remove all road blocks to the Old County Road and requiring them to replace the dirt removed from the side of the hill, and to repair the Old County Road by placing it in the same condition it was in prior to removal of the dirt; 2. That this Court perfect an easement that the plaintiff has obtained by prescription in the Old County Road, thus providing the plaintiff with access to her property; 3. That the defendants be ordered to cease all trespass on the plaintiff's property, and be further required to remove all improvements made by the defendant thereto; 4. That the plaintiff be awarded damages for unlawful trespass and the resulting damage to the plaintiff's dwelling due to said trespass and blockage of the Old County Road; 5. That, in the event that this Court does not perfect an easement by prescription to the plaintiff, an easement be granted to the plaintiff pursuant to Tenn. Code Ann. 54-14-103, such easement to consist of sufficient metes and bounds and extend along the Old County Road as previously existing; and 6. That this Court grant all other general relief to which the plaintiff is entitled, including the costs of this cause. http://www.tba.org/tba_files/TCA/Ellisda_opn.WP6
LARRY S. GOUGE and wife CAROL J. GOUGE VS. FRED B. RYAN, ET AL., and FRED B. RYAN and and TENNESSEE FARMERS MUTUAL INSURANCE COMPANY MISTY A. GOUGE, a minor child, by her parents and natural guardians, LARRY S. GOUGE and CAROL J. GOUGE VS. FRED B. RYAN, ET AL., and FRED B. RYAN and and TENNESSEE FARMERS MUTUAL INSURANCE COMPANY Court:TCA Attorneys: SHELTON B. HILLMAN, JR., GORE & HILLMAN, Bristol, for Plaintiffs-Appellants. STEVEN C. ROSE, WEST & ROSE, Kingsport, for Defendant-Appellee. Judge:FRANKS First Paragraph: The dispositive issue on this appeal is well stated by the appellant: "Does the wording of the subject policy of insurance expand 'bodily injury to a person' to include derivative claims." http://www.tba.org/tba_files/TCA/Gougel_opn.WP6
JOHN D. HOWELL VS. DEAN CHASE, d/b/a CHASE HEATING AND AIR-CONDITIONING Court:TCA Attorneys: PHILLIP L. DAVIDSON, Nashville, for Plaintiff-Appellant. J. CHRISTOPHER CLEM, LUTHER-ANDERSON, PLLP, Chattanooga, for Defendant-Appellee. Judge:FRANKS First Paragraph: In this action plaintiff sued defendant for tortious injuries allegedly occurring "at Chase Heating and Air Conditioning". Plaintiff had recovered Worker's Compensation benefits from Steve Mann, d/b/a Mann Mechanical Contracting, who intervened in this action. The Trial Court, responding to a motion for summary judgment, granted defendant summary judgment on the basis that Chase was a statutory employer pursuant to T.C.A. S50-6-108 and S50-6-112. http://www.tba.org/tba_files/TCA/Howellj_opn.WP6
CURLEY HOWSE VS. STATE OF TENNESSEE Court:TCA Attorneys: CURLEY HOWSE #91611 Turney Center Route 1 Only, Tennessee 37140 Pro Se/Claimant/Appellant JOHN KNOX WALKUP Attorney General and Reporter SOHNIA W. HONG Assistant Attorney General 425 Fifth Avenue North Nashville, Tennessee 37243 Attorney for Respondent/Appellee Judge:CANTRELL First Paragraph: An inmate filed a medical malpractice claim against the Department of Correction. The Claims Commission granted summary judgment to the Department. We affirm the Commission. http://www.tba.org/tba_files/TCA/Howsec_opn.WP6
DAVID G. KNOBLE, JR. and SUZANNE E. KNOBLE VS. JOSEPH M. TAYLOR Court:TCA Attorneys: JAMES D. KAY, JR. JOHN B. ENKEMA Suite 340M, Washington Square Two Nashville, Tennessee 37201 Attorneys for Plaintiffs/Appellees PAUL R. WHITE ROBERT W. RUTHERFORD Rutherford, DeMarco, White & Soloman Suite 400, Washington Square 214 Second Avenue North Nashville, TN 37201 Attorneys for Defendant/Appellant Judge:COTTRELL First Paragraph: This appeal involves a dispute over a contract for the sale of real property in Davidson County. The Seller appeals from a trial court decision granting summary judgment to the Buyers for specific performance of the contract. We affirm the trial court. http://www.tba.org/tba_files/TCA/Knobled_opn.WP6
TERRY ROGERS VS. STATE OF TENNESSEE Court:TCA Attorneys: HARRY A. WIERSEMA, JR. 422 S. Gay Street Knoxville, Tennessee 37902 Attorney for Claimant/Appellant JOHN KNOX WALKUP Attorney General & Reporter MARY G. MOODY Senior Counsel 425 Fifth Avenue North Nashville, Tennessee 37243 Attorney for Defendant/Appellee Judge:CANTRELL First Paragraph: This is a dispute over whether the Claims Commission should have set aside its order to dismiss the claim because an attorney of record for the claimant was not notified of the motion to dismiss. We find, however, that the order of dismissal was not validly entered according to Rule 58, Tenn. R. Civ. Proc. We, therefore, remand the cause to the Commission for consideration of the State's motion to dismiss for failure to prosecute. http://www.tba.org/tba_files/TCA/Rogerst_opn.WP6
SUZANNE SHERER, et al. VS. RAY ALLEN LINGINFELTER, et al. Court:TCA Attorneys: ARTHUR G. SEYMOUR, JR., OF KNOXVILLE FOR APPELLANT UNITED SERVICES AUTOMOBILE ASSOCIATION JESS D. CAMPBELL OF KNOXVILLE FOR APPELLEES Judge:GODDARD First Paragraph: This is an appeal from the judgment of the Trial Court sustaining a motion for summary judgment in favor of Suzanne Sherer and Charles Sherer, who appear as the natural guardians of Teal Sherer. The Trial Court's action denied United Services Automobile Association (USAA), the Sherers' underinsured motorist carrier, subrogation rights against any recovery by the Sherers in a suit against General Motors. We affirm the judgment of the Trial Court. http://www.tba.org/tba_files/TCA/Sherersu_opn.WP6
JUDY SMITH STEWART VS. JOHNNIE STEWART Court:TCA Attorneys: CYNTHIA M. RICHARDSON OF SEVIERVILLE FOR APPELLANT REBECCA D. SLONE OF DANDRIDGE FOR APPELLEE Judge:GODDARD First Paragraph: Johnnie Stewart appeals a judgment of the Circuit Court for Sevier County which overruled his motion seeking to set aside a divorce decree previously awarded to his wife, Judy Smith Stewart. http://www.tba.org/tba_files/TCA/Stewartj_opn.WP6
TENNESSEE FARMERS MUTUAL INSURANCE COMPANY VS. JAMES INMAN and VEANNA INMAN and NELLY BUZIASHVILI Court:TCA Attorneys: JOHN T. JOHNSON, JR., and AMANDA M. BELEW, KRAMER, RAYSON, LEAKE, RODGERS & MORGAN, Knoxville, for Plaintiff-Appellee. JERROLD L. BECKER, ARTHUR F. KNIGHT, III, and SAMUEL W. BROWN, BECKER, THOMFORDE, BROWN & KNIGHT, P.C., Knoxville, for Intervening Petitioner-Appellant. Judge:FRANKS First Paragraph: In this declaratory judgment action, the Trial Judge held that the Inmans' policy of insurance did not provide coverage for a wrongful death action, because the exclusionary clause for intentional acts applied. The intervenor has appealed. http://www.tba.org/tba_files/TCA/Tnfmins_opn.WP6
ALVIN UNDERWOOD VS. CHARTER FEDERAL SAVINGS BANK Court:TCA Attorneys: DAVID DAY, Cookeville, for Appellant/Cross-Appellee. GREGORY C. LOGUE and MICHAEL J. KING, WOOLF, McCLANE, BRIGHT, ALLEN & CARPENTER, PLLC., Knoxville, for Appellee/Cross-Appellant. Judge:FRANKS First Paragraph: This is an appeal in an action for damages for wrongful execution, where the jury awarded $105,000.00 in compensatory damages, and $420,000.00 in punitive damages, and the Trial Judge suggested a remittitur of $200,000.00 on the punitive damages award. http://www.tba.org/tba_files/TCA/Undrwood_opn.WP6
STATE OF TENNESSEE VS. WALTER LEE "STEVE" ALLEN and GARY L. HANEY Court:TCCA Attorneys: For the Appellants: For the Appellee: Laura D. Perry John Knox Walkup Perry & Perry Attorney General and Reporter Attorney for Appellant, Gary L. Haney Ellen H. Pollack 503 North Jackson Street Assistant Attorney General Morristown, TN 37814 Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Edward H. Moody Nashville, TN 37243-0493 Asst. Public Defender Attorney for Appellant, Walter Lee Allen 1609 College Park Dr, Box 11 C. Berkeley Bell, Jr. Morristown, TN 37813-1618 District Attorney General Greg W. Eichelman Victor Vaughn District Public Defender Asst. District Attorney General 510 Allison Street Morristown, TN 37814 Judge:HAYES First Paragraph: The appellants, Walter Lee "Steve" Allen and Gary L. Haney, appeal the verdict of a Hamblen County jury finding them guilty of robbery, a Class C felony. At the sentencing hearing, the trial court sentenced each appellant as range II multiple offenders to the maximum applicable sentence of ten years. The appellants raise three issues for our review in their appeal as of right: (1) challenges to the identification process; (2) the sufficiency of the convicting evidence; and (3) the trial court's imposition of an "excessive" sentence and the imposition of consecutive sentences. http://www.tba.org/tba_files/TCCA/Allenwl_opn.WP6
STATE OF TENNESSEE VS. GENE IVAN AMANNS Court:TCCA Attorneys: For the Appellant: For the Appellee: Mark E. Stephens John Knox Walkup District Public Defender Attorney General and Reporter Paula R. Voss Clinton J. Morgan Jamie Niland Assistant Attorney General Asst. Public Defenders Criminal Justice Division 1209 Euclid Avenue 425 Fifth Avenue North Knoxville, TN 37921 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Randall E. Nichols District Attorney General Scott Green Asst. District Attorney General City-County Building Knoxville, TN 37902 Judge:HAYES First Paragraph: The appellant, Gene Ivan Amanns, was convicted by a jury in the Knox County Criminal Court of theft of property, a class D felony. The trial court imposed a four year sentence of split confinement and ordered the appellant to serve six months in jail followed by supervised probation. In addition, he was ordered to pay restitution in the sum of $1,494.50. In this appeal, we address the dispositive issue of whether the appellant's conduct constitutes the crime of theft. http://www.tba.org/tba_files/TCCA/Amannsgi_opn.WP6
JERRY E. BIGGS VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Jeffery S. Frensley John Knox Walkup 211 Third Avenue North Attorney General and Reporter P.O. Box 198288 Nashville, TN 37219-8288 Daryl J. Brand Senior Counsel Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243 Roger Moore Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201 Judge:WADE First Paragraph: The petitioner, Jerry E. Biggs, appeals from the trial court's denial of his application for post-conviction relief. In this appeal of right, the single issue presented for review is whether the trial court erred by concluding that the guilty plea of the petitioner was knowingly and voluntarily made. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Biggsje_opn.WP6
STATE OF TENNESSEE VS. CHARLES A. CRENSHAW, a.k.a "BOO" Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: BRENT HORST JOHN KNOX WALKUP 42 Rutledge St. Attorney General & Reporter Nashville, TN 37210 (On Appeal) KIM R. HELPER Asst. Attorney General ROGER SINDLE Cordell Hull Bldg., 2nd Fl. 103 Bluegrass Commons Blvd. 425 Fifth Ave., North Hendersonville, TN 37075 Nashville, TN 37243-0493 (At Trial) LAWRENCE RAY WHITLEY District Attorney General DEE GAY Asst. District Attorney General 113 West Main St. Gallatin, TN 37066 Judge:PEAY First Paragraph: On April 1, 1997, the defendant was found guilty by a jury of facilitation of the sale of cocaine and of possession of marijuana. The defendant was sentenced as a Range II multiple offender to a term of eight years for the facilitation of the sale of cocaine and a term of eleven months, twenty-nine days for the possession of marijuana. These sentences were to run consecutively and were to be served in the Tennessee Department of Correction. The defendant's subsequent motion for a new trial was denied by the trial court. The defendant now appeals and argues that he was denied the effective assistance of counsel. After a review of the record and applicable law, we find the defendant's contention to be without merit and thus affirm the judgment of the court below. http://www.tba.org/tba_files/TCCA/Crenshaw_opn.WP6
STATE OF TENNESSEE VS. DUSTIN DWAYNE DAVIS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREGORY P. ISAACS (on appeal) JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter P.O. Box 2448 Knoxville, TN 37901 TODD R. KELLEY Assistant Attorney General SUSAN E. SHIPLEY (at trial) 425 Fifth Ave. N., 2d Floor Attorney at Law Nashville, TN 37243-0493 602 S. Gay St., Ste. 501 Knoxville, TN 37902 RANDALL E. NICHOLS District Attorney General ROBERT JOLLEY Asst. District Attorney General City-County Bldg. Knoxville, TN 37902 Judge:WITT First Paragraph: The defendant, Dustin Dwayne Davis, appeals from his convictions of especially aggravated robbery, theft, especially aggravated kidnapping and two counts of aggravated rape. He received these convictions in the Knox County Criminal Court following a trial before a jury of his peers. He is presently serving an effective 100-year sentence consecutively to a sentence for other criminal activity. http://www.tba.org/tba_files/TCCA/Davisdd_opn.WP6
STATE OF TENNESSEE VS. CHARLES HAYES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CLIFFORD K. McGOWN, JR. JOHN KNOX WALKUP 113 North Court Square Attorney General and Reporter Waverly, TN 37185 DARYL J. BRAND Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 MIKE McCOWEN District Attorney General P.O. Box 45 Fayetteville, TN 37334 Judge:WELLES First Paragraph: The Defendant pleaded guilty to and was convicted of two counts of aggravated burglary, two counts of theft, and one count of evading arrest. Sentencing was left to the discretion of the trial judge. On appeal, the Defendant argues that his sentence is excessive. We disagree and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Hayesch_opn.WP6
CHARLES HAYNES VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JUDSON W. PHILLIPS JOHN KNOX WALKUP 315 Deaderick St., Suite 2395 Attorney General & Reporter Nashville, TN 37238-2395 (On Appeal) DARYL J. BRAND Asst. Attorney General Cordell Hull Bldg., 2nd Fl. 425 Fifth Ave., North Nashville, TN 37243-0493 RON DAVIS District Attorney General P.O. Box 937 Franklin, TN 37065-0937 Judge:PEAY First Paragraph: The petitioner was indicted by the Hickman County grand jury for first-degree murder. The petitioner's first trial resulted in a hung jury. At his second trial, he was found guilty by a jury of the indicted charge and sentenced to a term of life in prison. On direct appeal, the petitioner's conviction was affirmed. The petitioner subsequently filed a petition for post-conviction relief. After a hearing, the post-conviction court denied the petition. The petitioner now appeals and contends that he did not receive the effective assistance of counsel and that newly discovered evidence exists that would entitle him to a new trial. After a review of the evidence and the applicable law, we find no merit to the petitioner's contentions and thus affirm the lower court's denial of his petition for post-conviction relief. http://www.tba.org/tba_files/TCCA/Haynesc_opn.WP6
STATE OF TENNESSEE VS. LESLIE R. HOLT Court:TCCA Attorneys: For Appellant: For Appellee: Jay Norman John Knox Walkup Attorney for Appellant Attorney General and Reporter 213 Third Avenue, North Nashville, TN 37201 Timothy Behan Assistant Attorney General 425 Fifth Avenue, North Cordell Hull Building, Second Floor Nashville, TN 37243-0493 Robert Hibbett Assistant District Attorney General 119 College Street Lebanon, TN 37087 Judge:WADE First Paragraph: The defendant, Leslie R. Holt, was convicted of felony reckless endangerment. The jury acquitted the defendant on a related charge of aggravated assault. The trial court imposed a Range I sentence of two years with supervised probation after service of thirty days. http://www.tba.org/tba_files/TCCA/Holtlr_opn.WP6
STATE OF TENNESSEE VS. MICHAEL D. MARTIN, JR. Court:TCCA Attorneys: For Appellant: For Appellee: Lionel R. Barrett, Jr., John Knox Walkup Washington Sq. Two, Ste 418 Attorney General and Reporter 222 Second Avenue North Nashville, TN 37201 Timothy Behan Assistant Attorney General Second Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243-0493 Katy Novak Miller Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge:WADE First Paragraph: The defendant, Michael D. Martin, Jr., entered pleas of guilt to vandalism and burglary. The plea agreement provided that the sentences would be concurrent and that, after a hearing, the trial court would determine both the length of the sentence and the method of service. At the conclusion of the sentencing hearing, the trial court imposed a six-year sentence for vandalism over $10,000.00, a Class C felony, and a four-year sentence for burglary, a Class D felony. http://www.tba.org/tba_files/TCCA/Martinmd_opn.WP6
STATE OF TENNESSEE VS. JOHN PERRY ROBERTS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Terry L. Jordan John Knox Walkup Assistant Public Defender Attorney General & Reporter 2nd Judicial District Office of the Public Defender Ellen H. Pollack P.O. Box 839 Assistant Attorney General Blountville, TN 37617 Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243 Judge:BYERS First Paragraph: The defendant entered nolo contendere pleas in case number S39,082 to two counts of reckless endangerment, for which he was sentenced to serve two one year sentences to be served concurrently. The defendant also entered nolo contendere pleas to three counts of reckless endangerment, for which he was sentenced to serve one year each to be served concurrently but consecutive to the sentences in case number S39,082. He also entered a nolo contendere plea to reckless aggravated assault, for which he was sentenced to serve three years. This sentence was to run concurrent to the other sentences and consecutive to the sentences in case number S39,082 for an aggregate sentence of four years. http://www.tba.org/tba_files/TCCA/Robertsj_cca.WP6
STATE OF TENNESSEE VS. PENNIE W. WATSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SHIPP R. WEEMS JOHN KNOX WALKUP District Public Defender Attorney General and Reporter ROBERT H. STOVALL, JR. TIMOTHY BEHAN Assistant Public Defender Assistant Attorney General P. O. Box 160 425 Fifth Avenue North Charlotte, TN 37036 Nashville, TN 37243-0493 DAN ALSOBROOKS District Attorney General GEORGE C. SEXTON Assistant District Attorney Room 206 Humphreys County Courthouse Waverly, TN 37185 Judge:SMITH First Paragraph: This matter is an appeal of right by Appellant, Pennie Watson, from Division I of the Humphreys County Circuit Court. In April 1997, Appellant was convicted by a jury for driving on a revoked license. The trial court sentenced Appellant to six months in jail, suspended with two days to be served in confinement. In May 1997, Appellant's motion for a new trial was denied. In August 1997, Appellant filed a notice of appeal to this Court raising the issue of whether it was proper for the trial court to deny her request for a jury charge on the defense of necessity. http://www.tba.org/tba_files/TCCA/Watsopen_opn.WP6

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