Opinion FlashJune 23, 2003
Volume 9 Number 111
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):
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Howard H. Vogel
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0623.wpd
ALLIANCE FOR NATIVE AMERICAN INDIAN RIGHTS OF TENNESSEE, INC., et al. v. STATE OF TENNESSEE, et al. Court:TCA Attorneys: Joseph H. Johnston, Nashville, Tennessee, for the Appellants, Alliance for Native American Indian Rights of Tennessee Inc., Pat Cummins, Sandi Perry, and Marion Dunn. Paul G. Summers, Attorney General and Reporter, Michael E. Moore, Solicitor General, and John H. Sinclair, Jr., Assistant Attorney General, for the appellee, State of Tennessee. Judge: FARMER First Paragraph: This is a case involving the proposed disinterment of Indian burial grounds. The Appellants urge this Court to consider numerous issues. Having determined that the only issue properly before this Court is the propriety of the trial court's denial of Appellants' motion to intervene, we affirm the trial court's denial of intervention. http://www.tba.org/tba_files/TCA/anyandall.wpd
HEATHER CAREY, Appellee v. MARGARET R. JOHNSON, Appellant Court:TCA Attorneys: Atty. Jeffery A. Billings and Atty. Kevin L. Featherson, of Chattanooga, TN, for the appellant. Atty. Erskine P. Mabee, of Chattanooga, TN, for the appellee. Judge: CLEMENT First Paragraph: An employee of a utility company went to the private residence of a customer to re-connect service which had been disconnected for non-payment where she was violently attacked by the customer who hit her in the jaw with a flashlight, beat her with car keys and threatened to kill her by throwing her off of the mountain and, thereafter, show her dead carcass to her children. The utility employee sued the customer for personal injuries, infliction of emotional distress and punitive damages. The trial court granted judgment by default as to liability against the defendant for the defendant's repeated failure to attend her discovery deposition. The trial on damages was conducted without a jury. The trial court awarded compensatory damages and punitive damages. We affirm. http://www.tba.org/tba_files/TCA/careyh.wpd
STATE OF TENNESSEE v. MARIAN ESTHER COX Court:TCCA Attorneys: B. Jeffery Harmon, Assistant Public Defender, Jasper, Tennessee, for the appellant, Marian Esther Cox. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; James Michael Taylor, District Attorney General; and James William Pope, III, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant entered a "best interest" guilty plea to arson, a Class C felony. Following a sentencing hearing, the trial court sentenced the Defendant to a split confinement sentence of four years, with one year to be served in the Bledsoe County jail and the remainder to be served on probation. The Defendant now challenges the propriety of the sentence. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/coxme.wpd
STATE OF TENNESSEE v. CHRISTINA B. JONES WITH DISSENTING OPINION Court:TCCA Attorneys: Stacey M. Brackeen, Franklin, Tennessee, for the appellant, Christina B. Jones. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Derek K. Smith, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Christina B. Jones, pled guilty to the offense of theft of property over $1,000, a Class D felony. Pursuant to a negotiated plea agreement, Defendant received a sentence of two years with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court ordered Defendant to serve ninety days in confinement and four years on probation. The trial court also ordered Defendant to complete her GED, obtain full-time employment, and pay restitution in the amount of $1,750 to be paid at the rate of fifty dollars per month. In this appeal, Defendant argues that the trial court erred by denying her request for alternative sentencing and by imposing the same sentence that her co-defendant received. After a careful review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/jonescb_opn.wpd DISSENTING OPINION http://www.tba.org/tba_files/TCCA/jonescb_dis.wpd
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