Opinion Flash

December 11, 2002
Volume 8 — Number 217

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

This Issue (IN THIS ORDER):
00 New Opinion(s) from the Tennessee Supreme Court
03 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
18 New Opinion(s) from the Tennessee Court of Appeals
04 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


BRENDA BARTON v. ANVIL INTERNATIONAL, INC., et al.

Court:TSC - Workers Comp Panel

Attorneys:    

Jeffery G. Foster, Jackson, Tennessee, for the appellant, Anvil
International, Inc.

Scott G. Kirk, Jackson, Tennessee, for the appellee, Brenda Barton                      

Judge: LOSER

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.  In this
appeal, the employer insists (1) the trial court erred in considering
an examining physician's opinion as not being based on statutory
guidelines and (2) the award of permanent partial disability benefits
based on 50 percent to one arm and 45 percent to the other arm is
excessive.  As discussed below, the panel has concluded the judgment
should be affirmed.

http://www.tba.org/tba_files/TSC_WCP/bartonb.wpd
								
DONNA HARDEY v. PML, INC., EBI COMPANIES AND JAMES FARMER, DIRECTOR, TENNESSEE DEPARTMENT OF LABOR, WORKERS' COMPENSATION DIVISION. Court:TSC - Workers Comp Panel Attorneys: Ricky L. Boren, Jackson, Tennessee, for the appellant, Donna Hardey. Jeffrey G. Foster, Jackson, Tennessee, for the appellee, PML, Inc. and EBI Companies. E. Blaine Sprouse, Nashville, Tennessee, for the appellee, Tennessee Department of Labor, Workers' Compensation Division Judge: MALOAN 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. S50-6-285(e)(3) for hearing and reporting to the Supreme Court of findings and fact and conclusions of law. In this appeal the plaintiff, Donna Hardey (Hardey) contends the evidence preponderates in favor of an award in excess of the twenty-five percent (25%) permanent partial disability to the body as a whole awarded by the trial court. For the reasons stated in this opinion, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TSC_WCP/hardy.wpd
SANDRA KAY POWERS, et al. v. AMERICAN INTERSTATE INSURANCE COMPANY, et al. Court:TSC - Workers Comp Panel Attorneys: Stephen Craig Kennedy, Selmer, Tennessee, for the appellants, Staton's Home Furnishings and American Interstate Insurance Company Art D. Wells, Jackson, Tennessee, for the appellee, Sandra Kay Powers, as guardian and next friend of Jessica Witherspoon, Billy Joe Witherspoon and Cody Witherspoon, minor children of David Witherspoon, deceased Gayden Drew, Jackson, Tennessee, for the appellee, Robbie McEwen, administrator of the Estate of Timothy Gallimore, deceased Judge: LOSER 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. In this appeal, the employer insists the competent evidence preponderates against the trial court's finding that the deaths of two employees occurred in the course of their employment and in favor of a finding that the employees had materially deviated from their employment at the time of their deaths in a vehicular accident. As discussed below, the panel has concluded the judgment of the trial court should be affirmed. http://www.tba.org/tba_files/TSC_WCP/powerss.wpd
VIRGINIA ABERNETHY v. ROBERT S. BRANDT, et al. Court:TCA Attorneys: Douglas Thompson Bates, III, Centerville, For Appellant, Virginia Abernethy John W. Rodgers, Murfreesboro, For Appellees, Myrin I. Lunkin and Naomi Lundin Barbara J. Perutelli, Nashville, For Appellee, Keith M. Lundin Paul B. Plant, Lawrenceburg, For Appellees, Ashley Wiltshire, Jr. and Susan Wiltshire Elaine M. Youngblood, Nashville, For Appellees, Robert S. Brandt and Anne M. Brandt Judge: CRAWFORD First Paragraph: This is a malicious prosecution case. In the underlying case, plaintiff was sued by the defendants herein seeking recovery of damages for plaintiff's alleged fraud and embezzlement. In a bench trial, judgment was entered for plaintiff. Plaintiff filed the instant case alleging malicious prosecution. Defendants raise the defense of advice of counsel and their motion for summary judgment was granted. Plaintiff has appealed. We affirm. http://www.tba.org/tba_files/TCA/abernathyv.wpd
LEE KRAFT, as Executor of the Last Will and Testament of Ms. Helen Bergida, deceased v. EZO-GOTEN, USA, INC. Court:TCA Attorneys: John W. Nolan and Stanley A. Davis, Nashville, counsel for Appellant Gordon C. Aulgur, Nashville, counsel for Appellee Judge: TURNBULL First Paragraph: Personal representative of deceased patron brought this premises liability suit against restaurant owner/occupier alleging that patron tripped and fell from dangerous top step of front stairs to restaurant. On defendant's motion for summary judgment, the trial judge accorded no weight to the opinion of plaintiff's expert architect, ruled that there was no proof of causation, and granted summary judgment. We find that a reasonable juror could conclude from the circumstantial evidence in the record that patron fell due to tripping on the dangerous top step. Because the circumstantial evidence creates a dispute as to a genuine issue of material fact, we hold that summary judgment was inappropriate, reverse the trial court, and remand the case. http://www.tba.org/tba_files/TCA/bergidah.wpd
THE CITY OF OAK HILL v. AAMP, et al. Court:TCA Attorneys: Douglas Berry, Nashville, Tennessee, for the appellant, The City of Oak Hill. Karl F. Dean, Philip D. Baltz and John L. Kennedy, Nashville, Tennessee, for the appellee, The Metropolitan Government of Nashville and Davidson County. Judge: CAIN First Paragraph: This appeal concerns the City of Oak Hill's efforts to enforce its exclusively residential zoning restrictions over a parcel of land situated at the city's eastern border. The city appeals the trial court's finding that "parcel 109" was located outside of Oak Hill's city boundary and, therefore, not subject to the city's zoning ordinances. We affirm the action of the trial court. http://www.tba.org/tba_files/TCA/cityofoakhill.wpd
HENRY LEE DAVIDSON, SR. v. VICKIE DENISE DAVIDSON Court:TCA Attorneys: Jeffrey S. Pulley, Nashville, Tennessee, attorney for the appellant, Henry Lee Davidson, Sr. Edward L. Hiland, Nashville, Tennessee, attorney (on appeal) for the appellee, Vickie Denise Davidson. Judge: KOCH First Paragraph: This appeal involves the dissolution of a sixteen-year marriage. Following a bench trial, the Circuit Court for Davidson County declared the parties divorced, divided their marital property and debts, made provisions for the custody and support of their two minor children, and awarded the wife rehabilitative spousal support for approximately ten years. The husband challenges the spousal support award on three grounds - that the wife does not need spousal support in light of the marital property she received, that the amount of spousal support is too high because the trial court miscalculated his income, and that the trial court erroneously prevented him from presenting evidence regarding the wife's fault. We have determined that the spousal support award is supported by the evidence and, therefore, we affirm it. http://www.tba.org/tba_files/TCA/davidsonhl.wpd
F.T. GREER , et al. v. JOSEPH C. MACRI, et al. Court:TCA Attorneys: Homer R. Ayers, Goodlettsville, Tennessee, for the appellants, F. T. Greer and wife, Sally Robb Greer, and Sue R. Hancock. Curtis M. Lincoln, Hendersonville, Tennessee, for the appellees, Joseph C. Macri and wife, Laura L. Macri. Judge: GRAHAM First Paragraph: This appeal arises from the denial of the Chancery Court of Sumner County of Plaintiffs' request for an injunction. The dispute involves the construction of a brick entranceway which connects a county road to Defendants' driveway easement over the Plaintiffs' property. The entranceway lies within the "metes and bounds" of a county road. The Chancellor refused to grant an injunction ordering removal of the entranceway holding that the county was the only party with standing to seek removal of obstructions within the right-of-way of a county road. We disagree with the Chancellor and find that the Plaintiffs own fee simple title to the pertinent portion of the right-of- way and therefore have standing to assert their ownership rights independent of the county. We therefore reverse the finding of the Chancellor and remand the case for further proceedings. http://www.tba.org/tba_files/TCA/greerft.wpd
HERMAN S. HOWARD, et al. v. AMERICAN INDUSTRIES SERVICES, INC., et al. Court:TCA Attorneys: Peter H. Curry and D. Alan Mingledorff, Nashville, Tennessee, for the appellants, Herman S. Howard, American Direct Marketing, Inc., International Media, Inc. and The Media Group, Inc. Kenneth M. Bryant, E. Todd Presnell, and David L. Johnson, Nashville, Tennessee, for the appellees, American Industries Services, Inc. and Raymond Tuppatsch. Judge: CANTRELL First Paragraph: The Chancery Court of Davidson County dismissed the complaint in this case for the plaintiffs' failure to respond to discovery requests. The plaintiffs assert on appeal that the chancellor abused her discretion. We affirm the chancery court. http://www.tba.org/tba_files/TCA/howardhs.wpd
PAUL E. JOHNSON v. THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE, AND LESTER L. WILLIAMS, JR., DIRECTOR OF THE DEPARTMENT OF WATER AND SEWERAGE SERVICES OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY. (Opinion filed 08/07/02 is today withdrawn by order of the Court and this Amended Opinion is substituted in it's place.) Court:TCA Attorneys: Carol D. Kilgore, Nashville, Tennessee, for the appellant, Paul E. Johnson. Thomas G. Cross, Nashville, Tennessee, for the appellees, The Metropolitan Government of Nashville and Davidson County, Tennessee. Judge: ASH First Paragraph: Paul E. Johnson, a Nashville real estate developer, filed a complaint demanding a refund for sewer access fees paid to the Metropolitan Department of Water and Sewerage Services. A counterclaim was filed by Metro alleging Mr. Johnson executed a valid contract to contribute $1,000,000 toward the construction of the Mill Creek sewer trunk line, less the net amount of any excess access fees paid under a previous agreement. Mr. Johnson denied the existence of a contract to share the cost of extending the trunk sewer link. The trial court dismissed Mr. Johnson's claims and entered judgment in favor of the Metropolitan Department of Water and Sewerage Services for $688,942.88. Mr. Johnson appealed. http://www.tba.org/tba_files/TCA/johnsonpw_amend.wpd
LANA MARLER, et al. v. BOBBY E. SCOGGINS Court:TCA Attorneys: Robert L. Widerkehr, Jr., Chattanooga, Tennessee, for the appellant, Bobby E. Scoggins. Hank Hill, Chattanooga, Tennessee, for the appellees, Linda Marler and Rodney Marler. Judge: SUSANO First Paragraph: We granted this interlocutory appeal pursuant to Tenn. R. App. P. 9 in order to review the trial court's order striking the defendant's defense of comparative fault. This appeal raises the following issue: Can a defendant in an automobile accident case - in which the evidence establishes the existence of an unidentified motorist, in a manner authorized by Tenn. Code Ann. S 56-7-1201(e) (2000) - allege and attempt to prove the comparative fault of the unknown motorist if the plaintiff fails to assert a claim against the unknown motorist under the uninsured motorist (UM) statutory scheme, Tenn. Code Ann. S 56-7-1201, et seq.? We hold that a defendant under the stated circumstances can allege and attempt to assign fault to a phantom driver. Accordingly, we vacate the trial court's order and remand for further proceedings. http://www.tba.org/tba_files/TCA/marlerl.wpd
MCLANE COMPANY, INC. v. STATE OF TENNESSEE Court:TCA Attorneys: Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, Jack D. Kopald, Assistant Attorney General, For Appellant, State of Tennessee Peter H. Curry, Nashville, For Appellee, McLane Company, Inc. Judge: CRAWFORD First Paragraph: Licensed wholesale tobacco distributor filed petition against the State seeking the disclosure of identities of all licensed tobacco wholesale distributors in the State of Tennessee pursuant to the provisions of the Tennessee Public Records Act. State opposed petition on the grounds that disclosure of this information was controlled by the taxpayer confidentiality provisions of the revenue statutes. Chancery Court granted petition and ordered disclosure of the names and addresses of all licensed wholesale tobacco distributors in Tennessee but, on the state's motion, stayed its order pending appeal. State appeals. We reverse and dismiss. http://www.tba.org/tba_files/TCA/mclaneco.wpd
GREG MELTON, et al. v. GERALD M. MELTON, et al. Court:TCA Attorneys: Richard L. Dugger, Shelbyville, For Appellant, Gladys S. Melton Andrew C. Rambo, Shelbyville, For Appellees, Greg S. Melton and Gordon C. Melton Judge: CRAWFORD First Paragraph: Beneficiaries of irrevocable insurance Trust filed a Complaint against the Trustees, seeking to have the corpus of the trust distributed and the Trust terminated by its own terms. One Trustee, acting pro se, answered the Complaint. Beneficiaries filed a Motion for Summary Judgment supported by their joint affidavits. No response or countervailing affidavit was filed, and an Order was entered granting the Motion. Trustee appeals. We affirm http://www.tba.org/tba_files/TCA/meltong.wpd
SALLY QUALLS MERCER, et al. v. VANDERBILT UNIVERSITY, INC., et al. (Originally filed 12/05/02; corrects error on page 1.) Court:TCA Attorneys: Robert J. Walker and Steven E. Anderson, Nashville, Tennessee, for the appellant, Vanderbilt University, Inc., d/b/a Vanderbilt University Medical Center. F. Dulin Kelly, Clinton L. Kelly and Andy L. Allman, Hendersonville, Tennessee, for the appellee, Sally Qualls Mercer, as conservator of the person of Larry Thomas Qualls. Judge: CANTRELL First Paragraph: This appeal involves a medical malpractice case arising out of the emergency treatment of an intoxicated driver who sustained catastrophic injuries in a single-vehicle accident. The driver's conservator filed suit in the Circuit Court for Davidson County alleging that the negligence of the driver's healthcare providers at Vanderbilt University Medical Center caused him to suffer irreversible brain injury that left him in a persistent vegetative state. A jury returned a verdict for the driver, assessing his damages at $7,366,000 and allocating seventy percent of the fault to Vanderbilt and thirty percent of the fault to the driver. Thereafter, the trial court determined as a matter of law that the driver's damages had been caused by a separate injury for which Vanderbilt was entirely responsible. Accordingly, the trial court set aside the jury's allocation of fault and entered a judgment holding Vanderbilt one hundred percent at fault for the entire amount of the driver's damages. We have determined that the judgment must be vacated and that Vanderbilt is entitled to a new trial because of the cumulative effect of the trial court's errors in excluding the testimony of three of Vanderbilt's witnesses as well as evidence of the driver's alcohol-related conduct. http://www.tba.org/tba_files/TCA/mercersqcorrex.wpd
M.H. et al. v. A.H. Court:TCA Attorneys: D. Michael Bryant, Cleveland, Tennessee, for the appellant, A.H. Jerry Hoffer, Cleveland, Tennessee, for the appellees, M.H. and E.H. Judge: SUSANO First Paragraph: Acting on the petition of M.H. and her husband, E. H. ("the petitioners"), the trial court terminated the parental rights of A.H. ("Mother") to J.H. (DOB: January 18, 1998) ("the child"). The court found clear and convincing evidence that "abandonment by [Mother] had occurred as defined in [Tenn. Code Ann.] S 36-1-102" and that termination of Mother's parental rights "would be in the child's best interest." See Tenn. Code Ann. S 36-1-113(c) (2001). Mother appeals, contending that the trial court erred in finding that she had abandoned the child. Primarily because we hold that the petitioners lack standing to seek the termination of Mother's parental rights under the applicable statute, we reverse the trial court's judgment. http://www.tba.org/tba_files/TCA/mh.wpd
LESLIE MOORE, et al. v. JAMES DEVAULT, et al. Court:TCA Attorneys: Monte D. Watkins, Nashville, Tennessee, for the appellants, Leslie Moore, et al. Mathew R. Zenner, Nashville, Tennessee, for the appellees, James DeVault, et al. Judge: COTTRELL First Paragraph: Landowners sought declaratory judgment against neighboring landowners to terminate an easement over their property. The trial court granted summary judgment to the neighbors holding that the easement was an express easement appurtenant, that necessity was not a required element, and that mere nonuse was insufficient to establish abandonment of the easement. We agree with the trial court and affirm. http://www.tba.org/tba_files/TCA/moorel.wpd
JAMES R. PEMERTON and DEBORAH W. PEMERTON v. BEAUTY WALL PAINTING Court:TCA Attorneys: Thomas A. Storey, Nashville, Tennessee, for the appellant, Beauty Wall Painting. Larry D. Cantrell and Jimmy A. Duncan, Nashville, Tennessee, for the appellees, James R. Pemerton and Deborah W. Pemerton. Judge: LILLARD First Paragraph: This is a breach of warranty case. The plaintiff homeowners contracted with the defendant painter to have their home painted. The contract included a one-year warranty on labor and materials. After the work was completed, the paint began to peel, blister, and separate from the wood siding. The homeowners sued the painter under the warranty. The trial court found that the homeowners complained of the problems within the one-year warranty period. The trial court awarded the homeowners damages for the amount paid to the painter, substantial damages for repairs, and discretionary costs. On appeal, the painter argued that the trial judge failed to properly understand the testimony of the parties regarding the painter's actions after being informed of the paint problems, and therefore, improperly discredited the painter's testimony with regard to the issue of the date the homeowners told the painter about the defective work. We affirm, finding that the defendant painter failed to show any basis for reversing the credibility determination of the trial court. http://www.tba.org/tba_files/TCA/pemertonjr.wpd
JAMES MICHAEL STAGGS v. LORI ANN STAGGS Court:TCA Attorneys: Sandra Jones, Nashville, Tennessee, for the appellant, Lori Ann Staggs. Douglas Thompson Bates, III, Centerville, Tennessee, for the appellee, James Michael Staggs. Judge: CANTRELL First Paragraph: The trial court transferred custody of the parties' two children from the mother to the father. The mother argues on appeal that there was no change of circumstances to support a change of custody, and no proof that the change would be in the best interest of the children. We affirm the trial court. http://www.tba.org/tba_files/TCA/staggsjm.wpd
RAY WRIGHT v. BRITTANY PATE Court:TCA Attorneys: John P. Cauley, Franklin, For Appellant, Brittany Pate Henry F. Todd, Jr., Dickson, For Appellee, Ray Wright Judge: CRAWFORD First Paragraph: This case arises from comments made by the Juvenile Court Judge, Dickson County, during a hearing on Appellee's Petition for Paternity and Visitation. In short, the Judge made statements to the effect that he was opposed to setting visitation in these matters and that, if called upon to do so, he would make the schedule so difficult that the parties could not adhere to it and would then hold them in contempt for failure to comply. Neither party moved for recusal of the judge nor objected to his comments. Appellant appeals and asks this court to order recusal of the Juvenile Court Judge. Because no motion for recusal was filed and because the judge's comments were general and not directed specifically to these parties, we affirm the Order of the lower court and remand for such further proceedings as necessary. http://www.tba.org/tba_files/TCA/wrightray.wpd
PETER JOHN ZABASKI v. MARY ANN DALE ZABASKI Court:TCA Attorneys: Mary Frances Lyle and David Lyle, Nashville, Tennessee, for the appellant, Mary Ann Dale Zabaski. Thomas F. Bloom, Nashville, Tennessee, for the appellee, Peter John Zabaski. Judge: CANTRELL First Paragraph: The trial court granted a divorce to the parents of an only child with a history of severe medical problems, and awarded them joint custody. The wife contends on appeal that the trial court's order of custody and visitation was not in the child's best interest. She also argues that the court erred by setting the husband's child support obligation too low, and by failing to award her alimony in futuro. We affirm the trial court. http://www.tba.org/tba_files/TCA/zabaskipj.wpd
STATE OF TENNESSEE v. CARLOS E. BRYAN Court:TCCA Attorneys: Peter J. Strianse, Nashville, Tennessee, and Kimberly S. Hodde, Madison, Tennessee, for the appellant, Carlos E. Bryan. Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Derek K. Smith, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: This is yet another case in which the parties have been ensnared in the procedural pitfalls of a certified question of law. Defendant entered a negotiated plea of guilty to possession of over seventy pounds of marijuana with intent to sell or deliver with an agreed sentence of eight years. He attempted to reserve a certified question of law pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(iv), "with the consent of the court," relating to the search and seizure of the contraband. Because the defendant entered a negotiated plea of guilty and neither the judgment nor the order of the court reflects the state's consent to the certified question, we must dismiss the appeal. http://www.tba.org/tba_files/TCCA/bryancarlos.wpd
STATE OF TENNESSEE v. JAMES CHARLES CAVAYE Court:TCCA Attorneys: Edward S. Ryan, Nashville, Tennessee, for the appellant, James Charles Cavaye. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; James F. Todd, Assistant District Attorney General; Brian Holmgren, Assistant District Attorney General; and Gigi Braun, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Following a jury trial, Defendant, James Charles Cavaye, was convicted of first degree felony murder and especially aggravated robbery. He was sentenced to life imprisonment for the murder, and to a consecutive sentence of twenty-four years for the especially aggravated robbery. In this appeal as of right, Defendant contends that (1) the trial court failed to fulfill its role as the thirteenth juror; (2) the accomplice's testimony was insufficiently corroborated; (3) the trial court erred in applying enhancement factors in setting Defendant's sentence for especially aggravated robbery; and (4) the trial court erred in ordering Defendant's sentences to run consecutively. Based upon our review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/cavayejc.wpd
STATE OF TENNESSEE v. SHERRIE MAE CRAWFORD Court:TCCA Attorneys: Steve McEwen, Mountain City, Tennessee (on appeal); and Leslie S. Hale, Assistant Public Defender, Blountville, Tennessee (at trial), for the appellant, Sherrie Mae Crawford. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and William B. Harper, II, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: Pursuant to a plea agreement, the Defendant pled guilty to theft under $500 and to violating an habitual traffic offender order. She entered Alford pleas to possession of marijuana with intent to sell, possession of drug paraphernalia, and two counts of contributing to the delinquency of a minor. Her total effective sentence was two years as a Range I standard offender plus eleven months and twenty-nine days on supervised probation. The manner of service of the two-year sentence was to be determined by the trial court following a sentencing hearing. The trial court denied alternative sentencing and ordered the Defendant to serve the entire two years in the Tennessee Department of Correction. In this appeal, the Defendant argues that the trial court erred in failing to impose an alternative sentence. Concluding that the record supports the trial court's denial of alternative sentencing, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/crawfordsm.wpd
STATE OF TENNESSEE v. MARK ANTHONY GRIFFIN Court:TCCA Attorneys: Mark E. Stephens, District Public Defender, and John Halstead, Assistant Public Defender, Knoxville, Tennessee, for the appellant, Mark Anthony Griffin. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Randall Eugene Nichols, District Attorney General; and G. Scott Green, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A jury convicted the Defendant of aggravated robbery and attempted robbery. The trial court sentenced the Defendant to an effective nine-year term. The Defendant appealed, and our Court affirmed the case in part, but remanded the case in part for the trial court to determine whether the Defendant's right to a speedy trial was violated. On remand, the trial court found that the Defendant's right to a speedy trial had not been violated. The Defendant now appeals from the trial court's order denying his motion to dismiss for a violation of his right to a speedy trial. Finding no error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/griffinma1.wpd

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