December 10, 2001
Volume 7 — Number 227

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.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
15 New Opinion(s) from the Tennessee Court of Appeals
09 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS

http://www.tba.org/tba_files/TSC_Rules/certlist_1210.wpd


AMERICAN CHILD CARE, INC. v. STATE OF TENNESSEE, DEPARTMENT OF HUMAN
SERVICES, et al.

Court:TCA

Attorneys:

James D. Kay, Jr. and John B. Enkema, Nashville, Tennessee, for the
appellant, American Child Care, Inc.

Paul G. Summers, Attorney General and Reporter; Elizabeth C. Driver,
Assistant Attorney General, for the appellee, State of Tennessee.

Judge: CANTRELL

First Paragraph:

This appeal arises from the trial court's denial of appellant American
Child Care, Inc.'s, request for attorney's fees resulting from an
administrative action in which appellant's license was suspended and
later reinstated.  The trial court later granted appellee summary
judgment on all issues, including attorney's fees.  We reverse the
trial court's decision denying the appellant's application and remand
to the trial court to set a reasonable fee for the appellant.

http://www.tba.org/tba_files/TCA/americanchildcare.wpd


JESSIE LEE ANTHONY v. MELBOURNE C. HOLLAND

Court:TCA

Attorneys:

David Hardee, Jackson, Tennessee, for the appellant, Jessie Lee
Anthony.

Bradford D. Box, Jackson, Tennessee, for the appellee, Melbourne C.
Holland.                        

Judge: FARMER
 
First Paragraph:

This is an appeal from a judgment by the trial court, sitting without
a jury, that the defendant's negligence was not the proximate cause of
plaintiff's injuries.  We hold that the evidence does not preponderate
against the factual findings of the trial court.  We therefore affirm.

http://www.tba.org/tba_files/TCA/anthonyj.wpd

TAYLOR BROWN, et al. v. JERRY NOWLIN, et al.

Court:TCA

Attorneys: 

Rhonda M. Whitted, Nashville, Tennessee, for the appellant, Tennessee
Coordinated Care Network, d/b/a Access . . . MedPLUS.

Shannon D. Elsea, Memphis, Tennessee, for the appellees, Taylor Brown,
individually, By Mother and Next Friend Toya Brown, and Toya Brown,
individually.

Judge: FARMER

First Paragraph:

This dispute addresses the applicability of the "made whole" doctrine
to the subrogation rights of TennCare, Tennessee's medicaid waiver
program, where the insured and the tortfeasor reached a settlement
agreement without the participation or consent of TennCare.  We hold
that the made whole doctrine did apply to TennCare at the time this
case was settled and the order entered.  Affirmed.

http://www.tba.org/tba_files/TCA/brownt.wpd

VANDAL DOSS V. TENNESSEE FARMERS MUTUAL INSURANCE COMPANY

Court:TCA

Judge: ASH

First Paragraph:

This is an appeal from the Judgment of the Chancellor for Sumner
County, Tennessee, dismissing Vondal Doss's Complaint against
Tennessee Farmers Mutual Insurance Company, alleging breach of
contract for failure to make payment for medical expenses pursuant to
the medical payment coverage contained in two insurance policies and
the Defendant's Counter-Complaint for subrogation.  Doss had suffered
a personal injury as a result of an auto accident which occurred on
April 8, 1993 involving a third-party tort- feasor. 
Plaintiff/Appellant filed a Motion to Appeal on August 2, 2000.  The
Judgment of the Chancellor is affirmed on all counts.  Doss's claim
for additional post-settlement medical payments is denied as a result
of the execution of the Release and Order of Compromise and Settlement
which extinguished Tennessee Farmers' subrogation rights.  Tennessee
Farmers' claim for reimbursement is denied.  Costs of this Appeal are
assessed to the Appellant.

http://www.tba.org/tba_files/TCA/dossva.wpd

CHARLES HARDY, et al. v. ROBERT BOND MILLER, et al.

Court:TCA

Attorneys:

H. Naill Falls, Jr., Nashville, Tennessee, for the appellant, Robert
B. Miller.

Grant C. Glassford and Christine J. Laird, Nashville, Tennessee, for
the appellees, Charles Hardy, Roy Flowers, and Marvin Hopper.                         

Judge: KOCH

First Paragraph:

This appeal involves a dispute among members of a joint venture
regarding their rights under suretyship agreements each member signed
to guarantee a loan to the joint venture.  After the joint venture
defaulted, the bank looked to the members of the joint venture for
payment of the debt.  After three members of the joint venture paid
the bank more than their prorated share of the debt, they filed suit
in the Chancery Court for Davidson County against a former member,
seeking contribution for the amount they had paid in excess of their
prorated share.  The former member counterclaimed, seeking to recover
the payments he had made to the bank on the joint venture's debt. 
Following a bench trial, the trial court concluded that the members
were co-sureties, awarded the three members a $150,145.10 judgment
against the former member, and denied the former member's
counterclaim.  The former member appealed, arguing that his former
co-venturers lost their right to contribution when they expelled him
from the joint venture and that he is entitled to be reimbursed for
the payments he made to the bank on the joint venture's debt.  We have
determined that each member of the joint venture agreed to be
severally liable to the bank for the joint venture's debt and,
therefore, that the members were not entitled to contribution from the
former member.  We have also concluded that the trial court correctly
dismissed the former member's counterclaim.

http://www.tba.org/tba_files/TCA/hardyc.wpd

JANET HARPER, et al. v. KEITH D. CHURN, et al.

Court:TCA

Attorneys:

Terry R. Clayton, Nashville, Tennessee, for the appellants, Janet
Harper and James Harper.

Nancy W. Phillips, Nashville, Tennessee, for the appellees, Keith D.
Churn and Rodney Beard.

Judge: FARMER

First Paragraph:

This is a personal injury case arising from a vehicular collision. 
The plaintiffs, the Harpers, and the defendants, Mr. Churn and Mr.
Beard, along with several others, were traveling together in a rented
vehicle at the time of the collision.  Mr. Churn was the driver of the
vehicle; Mr. Beard was the pastor of the parties' church.  At trial,
the Harpers asserted that Mr. Churn was negligent in his operation of
the vehicle.  Additionally, the Harpers claimed that Mr. Beard was
vicariously liable for their injuries, or in the alternative, that Mr.
Beard was liable under the theory of negligent entrustment.  The trial
court granted Mr. Beard's motion for a directed verdict, and the jury
found in favor of Mr. Churn.  The Harpers appeal both decisions.  We
affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCA/harperjanet.wpd

SANDRA HARRIS v. JOHN W. HARRIS, JR.

Court:TCA

Attorneys:

John W. Harris, Jr., Pro se.

Alan S. Kleiman, Memphis, Tennessee, for the appellee, Sandra Harris.                        

Judge: FARMER

First Paragraph:

This case involves a dispute over child support.  After the mother and
father divorced, the father agreed to pay child support.  Subsequent
to several hearings regarding many different issues, the mother sued
the father to collect child support arrearage.  At trial, the father
argued that the mother should not be heard because of an earlier
contempt charge.  The father also argued that any arrearage should be
set-off by his earlier judgment against the mother.  The trial court
found the father was in arrears in the amount of $21,753.00 and
granted judgement to the mother.  The father appeals this judgment. 
We affirm the trial court's decision and remand for a calculation of
attorney's fees.

http://www.tba.org/tba_files/TCA/harrissandra.wpd

ELIZABETH ELAINE HICKMAN, et al. v. CELIA VERNELL JORDAN, et al.

Court:TCA

Attorneys: 

Dwayne D. Maddox, III, Huntingdon, Tennessee, for the appellants,
Elizabeth Elaine Hickman and John Robert Hickman.

Wesley A. Clayton and Greg A. Petrinjak, Jackson, Tennessee, for the
appellees, Celia Vernell Jordan and Dr. F. E. Jordan.                         

Judge: FARMER

First Paragraph:

This dispute stems from an accident in a restaurant parking lot in
which a pedestrian, the plaintiff, was struck by a vehicle driven by
the defendant, who was backing-up through the parking lot.  The jury
in this case found the defendant driver not at fault.  We affirm.

http://www.tba.org/tba_files/TCA/hickmane.wpd

JO ANNE HOFMEISTER v. JOHN DANIEL HOFMEISTER 

Court:TCA

Attorneys:    

Robert A. Anderson, Nashville, Tennessee, for the appellant, Jo Anne
Hofmeister.

John J. Hollins, Nashville, Tennessee, for the appellee, John Daniel
Hofmeister.                      

Judge: CANTRELL

First Paragraph:

A series of post-divorce petitions resulted in a hearing on July 22,
1999 in which no witnesses were called nor any sworn testimony
offered.  Based on the petitions, the answers, and the statements of
counsel, the court modified the final decree of divorce with respect
to the husband's obligations to pay the wife's medical insurance
premiums, medical expenses, and life insurance premiums.  The court
also denied the wife's petition for post-judgment interest on a
payment to the wife that had been ordered in the final decree.  The
wife appeals on the grounds that (1) there were no pleadings or proof
justifying the amendments and (2) the court erred in not granting her
petitions.  We affirm the trial court.

http://www.tba.org/tba_files/TCA/hofmeisterja.wpd

ROBERT F. MARENGO AND FRANCINE R. MARENGO V. TERRY BOWEN

Court:TCA

Judge: ASH

First Paragraph:

This is an appeal from the judgment of the Chancellor regarding the
judicial dissolution of a continuing partnership.  The trial court
determined the withdrawing partner's debt should not be offset against
his capital account in assessing his dissolution date value until the
valuation of the business was made by the court, it was proper to add
an additional $20,000 as a going concern adjustment to the valuation
of the partnership, certain salary adjustments were proper, and a
marketability and/or minority discount does not apply to the
partnership.  This Court concluded the trial court's determination
offsetting the withdrawing partner's debt to the partnership as of the
trial date was proper, the trial court erred in adding an additional
$20,000 as a going concern value to the valuation of the partnership,
the trial court's salary adjustment was proper, the trial court's
refusal to apply a minority and/or marketability discount was proper,
and the trial court's adjustment for a portion of the partnership's
legal and professional expenses was proper. The judgment of the trial
court is affirmed in part, reversed in part, and remanded for
recalculation of the value of the withdrawing partner's interest as
consistent with this order.  Costs of this appeal shall be split
between the appellant and the appellee.

http://www.tba.org/tba_files/TCA/marengoro.wpd

ANTHONY D. MYERS, et al. v. W. ALLEN BRYAN, III

Court:TCA

Attorneys:   

Louis W. Oliver, III, Hendersonville, Tennessee, for the appellant, W.
Allen Bryan, III.

Jefferson C. Orr, Nashville, Tennessee, for the appellee, Ragan-Smith
Associates, Inc.                       

Judge: SUSANO

First Paragraph:

This case originated as a suit against a subdivision developer, W.
Allen Bryan, III, ("Bryan"), for fraud, negligent misrepresentation,
and violation of the Tennessee Consumer Protection Act, all predicated
on the failure of a subdivision plat plan to reflect an existing
drainage easement.  Thereafter, Bryan filed a third-party complaint
seeking indemnification from the surveyor who prepared the plat plan,
Ragan-Smith, Associates, Inc. ("Ragan-Smith"), in the event Bryan was
cast in judgment.  On this Tenn. R. App. P. 54.02 appeal, we are
presented with the issue of whether Bryan's cause of action for
failure to reflect the drainage easement on the plat plan is barred by
the four-year statute of repose for surveying errors. The court below
granted Ragan-Smith summary judgment, finding that Bryan's claim is
barred by the aforesaid statute of repose.  Bryan appeals, arguing
that Ragan-Smith is not entitled to summary judgment because,
according to Bryan, the omission of the drainage easement is an
engineering error, not a surveying error, and hence, so the argument
goes, the subject claim is not barred by the four-year statute of
repose for surveying errors.  In the alternative, Bryan argues that
even if the failure to reflect the drainage easement on the plat plan
is a surveying error, his third-party complaint was timely filed.  We
affirm.

http://www.tba.org/tba_files/TCA/myersad.wpd


DANIEL B. TAYLOR v. DONAL CAMPBELL, et al.

Court:TCA

Attorneys:

Daniel B. Taylor, Only, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Terri Leigh Bernal,
Nashville, Tennessee, for the appellees, Donal Campbell, Commissioner,
Tennessee Department of Correction and Jack Morgan, Warden, Turney
Center.

Judge: CAIN

First Paragraph:

On July 3, 2000, Appellant filed his civil complaint based upon
punishment imposed for a disciplinary infraction while a prisoner at
Turney Center in Only, Tennessee.  On July 18, 2000, the trial judge,
sua sponte, dismissed the complaint, and this appeal followed.  We
affirm the trial court.

http://www.tba.org/tba_files/TCA/taylordanielb2.wpd

IN RE: ESTATE OF M.L. WAKEFIELD, DECEASED

Court:TCA

Attorneys:

Hugh C. Howser, Nashville, Tennessee, for the appellants, Ronald H.
Pursell and Robert Whisenant.

Richard Holton and Charles A. Trost, Nashville, Tennessee, for the
appellees, Judith Wakefield Sandlin, Nancy Wakefield Coleman, Michael
C. Wakefield, Linda Wakefield Melvin, Alden H. Smith, as guardian for
Nathan Murry Green, and Susan R. Limor, as guardian for Timothy Louis 
Wakefield.                    

Judge: COTTRELL

First Paragraph:

This case involves a dispute over the compensation sought by two of
three co-executors of a will that was drafted by one of them.  The
will provided that the executors should be "paid fees equal to those
fees customarily charged by NationsBank of Nashville."  The two
co-executors each received  an interim payment of $50,000 in
compensation, and then sought additional payments under the fee
schedule.  The adult beneficiaries of the will challenged the amount
of compensation sought by the co-executors.  Disagreements and
tensions continued between the beneficiaries and the two non- family
co-executors, and, after strong suggestion by the probate court, the
two non-family co- executors resigned.  The probate court heard
evidence on the fee request and refused to award additional fees.  The
court also ordered the attorney co-executor, co-trustee to disgorge
over $70,000 in attorney fees paid by the testamentary trust's major
asset, a corporation formerly owned solely by testator.  The
co-executors, co-trustees were the directors of the corporation, and
the disgorged fees had been paid pursuant to a retainer agreement
pre-existing the testator's death.  On appeal, the two co-executors
contest these rulings.  In a cross-appeal, the beneficiaries argue
that the probate court erred in denying their request that the
co-executors disgorge additional fees.  We modify the trial court's
award of reasonable fees but otherwise affirm.

http://www.tba.org/tba_files/TCA/wakefieldml_opn.wpd

KOCH CONCURRING AND DISSENTING

http://www.tba.org/tba_files/TCA/wakefieldml_con.wpd

WILLIAMSON COUNTY, et al. v. TENNESSEE STATE BOARD OF EQUALIZATION

Court:TCA

Attorneys:   

James Charles, Jennifer Clinard Surber, and Paul D. Krivacka,
Nashville, Tennessee, for the appellant, Metropolitan Government of
Nashville and Davidson County.

Donnie E. Wilson and Robert B. Rolwing, Memphis, Tennessee, for the
appellant, Shelby County, Tennessee.

Jean Dyer Harrison, Nashville, Tennessee, for the appellants,
Tennessee City Governments and Tennessee County Governments.

Jeffrey Dean Moseley, Franklin, Tennessee, for the appellant,
Williamson County, Tennessee.

Paul G. Summers, Attorney General & Reporter; Jimmy G. Creecy, Chief
Special Counsel; Brigid M. Carpenter; Charles Arthur Trost; and James
W. McBride, Nashville, Tennessee, for the appellee, Tennessee State
Board of Equalization.

Judge: CAIN

First Paragraph:

In this case, a consortium of counties and cities appeals the decision
of the Chancery Court of Davidson County upholding the action of the
Tennessee State Board of Equalization in applying depreciable life
schedules forming a part of Tennessee Code Annotated section
67-5-903(f) to commercial and industrial tangible personal property
and in holding that personal property is not constitutionally required
to be valued at its actual value in the implementation of Tennessee
Code Annotated section 67-5-1509(a).  The only issues before this
court are the constitutionality of Tennessee Code Annotated section
67-5-903(f) and Tennessee Code Annotated section 67-5- 1509(a).  We
hold both statutes to be constitutional and affirm the Chancellor.

http://www.tba.org/tba_files/TCA/williamsonco.wpd

GUY WILSON, et al. v. THOMPSON CONSTRUCTION COMPANY, et al.

Court:TCA

Attorneys:

Philip N. Elbert and Kendra E. Samson, Nashville, Tennessee, for the
appellants, Guy Wilson and Rhessa Wilson.

Robert L. Estes and Leonard F. Pogue, III, Nashville, Tennessee, for
the appellees, Thompson Construction Company and Gary R. Boyd d/b/a
Boyd Electric.                        

Judge: CAIN

First Paragraph:

This is a suit by Guy Wilson and his wife Rhessa, owners of a building
in Gallatin, Tennessee, against their general contractor in the
construction of an addition to the building and against their
electrical subcontractor.  The complaint charges negligence in the use
of a defective fiberglass ladder that broke as Guy Wilson was climbing
on it to inspect the work.  The trial court held that the general
contractor, Thompson Construction Company, had breached no duty of
care to Plaintiffs and that the electrical contractor, Gary R. Boyd,
was an independent contractor for whose alleged negligence Thompson
Construction Company was not vicariously liable.  On such basis, the
trial court granted summary judgment to Thompson Construction Company
on all issues and, pursuant to Tennessee Rules of Civil Procedure
54.02, entered final judgment on all issues in favor of Thompson
Construction Company.  Plaintiffs appeal, and we affirm the trial
court.

http://www.tba.org/tba_files/TCA/wilsonguy.wpd

STATE OF TENNESSEE v. JARED M. BARNES

Court:TCCA

Attorneys:

James H. Ripley, Sevierville, Tennessee, for the appellant, Jared M.
Barnes.

Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney,
Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney
General; and Charles E. Atchley, Jr., Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The defendant, Jared M. Barnes, was convicted upon his guilty plea for
vehicular homicide by recklessness, a Class C felony. The trial court
sentenced him as a Range I, standard offender to five years, with ten
months, day for day, to be served in the county jail and the remainder
of the sentence to be served on probation.  In addition, the trial
court suspended the defendant's driving privileges for five years and
ordered that he complete five hundred hours of community service.  The
defendant appeals his sentence, contending that the trial court erred
in denying him judicial diversion or full probation.  We affirm the
trial court's denial of judicial diversion and full probation, but
hold that the order that the defendant serve his ten-month
incarceration day for day does not preclude use of applicable conduct
credits.

http://www.tba.org/tba_files/TCCA/barnesjm.wpd

STATE OF TENNESSEE v. COLLIS BRANCH

Court:TCCA

Attorneys:

Mark E. Stephens, District Public Defender, Paula R. Voss, Aubrey
Davis, Assistant Public Defender, Knoxville, Tennessee, for the
Appellant, Collis Branch.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Kathy D. Aslinger, Assistant Attorney General;
Randall E. Nichols, District Attorney General; and Philip Morton,
Assistant District Attorney General, for the Appellee, State of
Tennessee.

Judge: HAYES

First Paragraph:

This appeal arises from a default judgment entered in 1995 in the Knox
County Criminal Court declaring the Appellant, Collis Branch, a motor
vehicle habitual offender.  Tenn. Code Ann. S 55-10- 603.  On appeal,
Branch contends that the trial court erred in denying his Rule 60,
Tennessee Rules of  Civil Procedure, motion to set aside the default
judgment upon grounds that the judgment was void.  In support of this
argument, he contends that the default judgment was obtained without
complying with Rules 5,12, 55 and 58 of the Tennessee Rules of Civil
Procedure.  After review, we conclude that Branch's motion, which was
filed in January of 2001, was not filed within a "reasonable time," as
required by Rule 60.02, Tennessee Rules of Civil Procedure. 
Accordingly, the decision of the trial court is affirmed.

http://www.tba.org/tba_files/TCCA/branchcollis.wpd

STATE OF TENNESSEE v. RONALD COX

Court:TCCA

Attorneys: 

Charles E. Waldman, Memphis, Tennessee, for the appellant, Ronald Cox.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Amy Weirich, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WOODALL

First Paragraph:

The defendant, Ronald Cox, was found guilty of robbery following a
jury trial in the Shelby County Criminal Court.  In this appeal, he
raises three issues: (1) whether the evidence is sufficient to support
his conviction; (2) whether the trial court erred by denying his
request to instruct the jury on the lesser-included offense of theft;
and (3) whether the trial court erred in its answers to questions
submitted to the trial court during jury deliberations.  Defendant is
not entitled to relief on the first and third issues.  However, under
the recent Tennessee Supreme Court decision in State v. Bowles, 52
S.W.3d 69 (Tenn. 2001), we hold that the trial court committed
reversible error by failing to include the lesser-included offense of
theft in the charge to the jury.  Therefore, we reverse Defendant's
conviction and remand  the case for a new trial.

http://www.tba.org/tba_files/TCCA/coxronald.wpd

STATE OF TENNESSEE v. DARRELL J. DUFRENE

Court:TCCA

Attorneys:

Richard W. DeBerry, Assistant District Public Defender, for the
appellant, Darrell J. Dufrene.

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; and John W. Overton, Jr., Assistant
District Attorney General, for the appellee, State of Tennessee.                           

Judge: WADE

First Paragraph:

The defendant, Darrell J. Dufrene, entered a plea of guilt to one
count of theft over $1,000.00 but less than $10,000.00, a Class D
felony.  Pursuant to a plea agreement, the trial court set the
defendant's sentence at three years and scheduled an alternative
sentencing hearing.  The defendant failed to appear at the hearing and
the trial court ordered a term of incarceration.  In this appeal of
right, the defendant asserts that the trial court erred by failing to
order either probation or community corrections.  Because, however,
the defendant remains on escape status, the appeal is dismissed.

http://www.tba.org/tba_files/TCCA/dufrenedj.wpd

STATE OF TENNESSEE v. LEWIS A. FORBESS

Court:TCCA

Attorneys:   

Gary F. Antrican, District Public Defender, for the appellant, Lewis
A. Forbess.

Paul G. Summers, Attorney General & Reporter; Patricia C. Kussmann,
Assistant Attorney General; and Ryan Brown and James W. Freeland, Jr.,
Assistant District Attorneys General, for the appellee, State of
Tennessee.                       

Judge: WADE

First Paragraph:

The defendant, Lewis A. Forbess, entered pleas of guilt to aggravated
rape, theft of property  between $10,000.00 and $60,000.00, aggravated
burglary, and possession of a weapon in a penal facility.  The trial
court imposed concurrent sentences as follows:

Offense                     Term                Range

Aggravated Rape             25 years            100% Violent Offender
Theft                       15 years            Persistent Offender
Aggravated Burglary         15 years            Persistent Offender
Possession of Contraband    10 years            Persistent Offender
                                                in a Penal Facility

The sentences were ordered to be served consecutively to an earlier
burglary sentence.  In this appeal of right, the defendant contends
that the sentences are excessive.  The judgments are affirmed.

http://www.tba.org/tba_files/TCCA/forbesslewisa.wpd

STATE OF TENNESSEE v. CHAUNCEY E. GRAY

Court:TCCA

Attorneys:

Angela R. Scott, Henderson, Tennessee, for the appellant, Chauncey E.
Gray.

Paul G. Summers, Attorney General & Reporter;  Laura McMullen Ford,
Assistant Attorney General; James G. Woodall, District Attorney
General; and Jody Pickens, Assistant District Attorney General, for
the appellee, State of Tennessee.                         

Judge: TIPTON

First Paragraph:

The defendant, Chauncey E. Gray, appeals as of right from his
convictions by a jury in the Chester County Circuit Court of forgery,
a Class E felony, and theft of property valued at $500 or less, a
Class A misdemeanor.  The trial court sentenced him as a Range II,
multiple offender to a four-year sentence for the forgery to be served
in the Department of Correction, imposed a $1,500 fine, and ordered
$400 in restitution.  It imposed a sentence of eleven months,
twenty-nine days at seventy-five percent for the theft to be served
concurrently and a $1,250 fine.  The defendant contends that his
effective four-year sentence is excessive and that he should have
received a sentencing alternative to confinement.  We affirm the
sentences imposed by the trial court.

http://www.tba.org/tba_files/TCCA/grayce.wpd

SIDNEY MCGLOWAN v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Sidney McGlowan, Tiptonville, Tennessee, pro se.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and James Wax, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: MCGEE OGLE

First Paragraph:

The petitioner, Sidney McGlowan, filed for post-conviction relief
alleging the ineffective assistance of counsel.  The post-conviction
court summarily dismissed the petition.  On appeal, the petitioner
alleges that the court erred by dismissing his petition without
appointment of counsel and without an evidentiary hearing.  Following
a review of the record, we affirm the judgment of the post- conviction
court.

http://www.tba.org/tba_files/TCCA/mcglowans.wpd

JAMES THOMAS PAGE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Mike Mosier, Jackson, Tennessee, for the appellant, James Thomas Page.

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; James G. Woodall, District Attorney
General; and Al Earls, Assistant District Attorney General, for the
appellee, State of Tennessee.                         

Judge: TIPTON

First Paragraph:

The petitioner, James Thomas Page, appeals as of right from the
Chester County Circuit Court's denial of his petition for
post-conviction relief.  The petitioner pled guilty to second degree
murder, a Class A felony, and received the agreed, forty-year sentence
as a 100% violent offender.  He contends that he received the
ineffective assistance of counsel and that he did not understand what
was happening at the guilty plea hearing.  We affirm the trial court's
denial of the petition.

http://www.tba.org/tba_files/TCCA/pagetj.wpd

STATE OF TENNESSEE v. DARROW LYNN WILLIAMS

Court:TCCA

Attorneys:

C. Michael Robbins, Memphis, Tennessee (on appeal); Gary F. Antrican,
District Public Defender; and David S. Stockton, Assistant District
Public Defender (at trial), for the appellant, Darrow Lynn Williams.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; and James W. Freeland, Jr., Assistant District Attorney
General, for the appellee, State of Tennessee.                         

Judge: RILEY

First Paragraph:

Defendant appeals his conviction of second degree murder following a
jury trial.  He presents three issues for our review:  (1) whether the
evidence was sufficient to support the conviction; (2) whether the
trial court erred in failing to instruct the jury to disregard certain
hearsay testimony; and (3) whether the trial court erred in failing to
rule on defendant's objection to a question asked by the prosecuting
attorney.  We affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/williamsdl.wpd

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