Opinion FlashJuly 22, 2004
Volume 10 Number 140
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
IN RE: UPPER CUMBERLAND DEVELOPMENT DISTRICT, OFFICE OF THE PUBLIC GUARDIAN, CONSERVATOR FOR ALVIE PUCKETT, GLORIA JEAN EVINS v. HELEN PUCKETT, ET AL. Court:TCA Attorneys: Gloria Jean Evins of Lebanon for Appellant, Gloria Jean Evins, Administrator Ad Litem J. Hilton Conger of Smithville for Appellee, Helen Puckett Judge: CRAWFORD First Paragraph: Administrator Ad Litem for estate of deceased-grantor appeals trial court's finding that deceased-grantor was competent at the time he executed a deed of real property to his daughter, and that he was not acting under undue influence at the time of execution. We affirm. http://www.tba.org/tba_files/TCA/uppercumberland.wpd
RICKY D. WATKINS, SR. v. STATE OF TENNESSEE, DEPARTMENT OF HUMAN SERVICES, ex rel, DOROTHY M. PRATHER, ET AL. Court:TCA Attorneys: Paul G. Summers, Attorney General & Reporter, Warren A. Jasper, Assistant Attorney General, Nashville, TN, for Appellant Nathan B. Pride, Jackson, TN, for Appellee Judge: HIGHERS First Paragraph: This case involves an order for child support for three children of three different mothers. The Juvenile Court of Hardeman County consolidated the three matters into one cause. The trial court ordered Father to pay the child support amount for three children under the Child Support Guidelines and divided the amount equally into thirds. The State of Tennessee Department of Human Services filed this appeal. We reverse and remand for further proceedings consistent with this opinion. http://www.tba.org/tba_files/TCA/watkinsrickyd.wpd
STATE OF TENNESSEE v. ANDRE BALDWIN Court:TCCA Attorneys: Robert Felker and William Moore, Assistant Public Defenders, Memphis, Tennessee (at trial), and Garland Ergoden, Assistant Public Defender, Memphis, Tennessee (on appeal), for the appellant, Andre Baldwin. Paul Summers, Attorney General and Reporter; Michael Markham, Assistant Attorney General; William L. Gibbons, District Attorney General; and Tom Hoover and David Zak, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Andre Baldwin, was convicted by a jury of first degree premeditated murder. The Defendant was subsequently sentenced to serve a life sentence of imprisonment. In this direct appeal, the Defendant challenges the sufficiency of the evidence. Finding the evidence legally sufficient to support the Defendant's conviction, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/baldwinandre.wpd
RICKEY HOGAN v. DAVID G. MILLS, WARDEN Court:TCCA Attorneys: Rickey Hogan, Henning, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter, and Kathy D. Aslinger, Assistant Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The petitioner filed a petition for habeas corpus relief claiming that the judgments entered are void. He contends that he was on parole when the current offenses were committed; therefore, the concurrent sentences that he received are illegal. We conclude that in order to receive relief, the fact that the petitioner was on parole when he pled guilty must be proved by satisfactory proof contained in the record or proceedings underlying the convictions sought to be set aside. We reverse the trial court's summary dismissal and remand for appointment of counsel and a hearing to determine whether the record of the underlying convictions or proceedings contained satisfactory proof that the petitioner was on parole at the time he committed second degree murder and robbery with a deadly weapon. http://www.tba.org/tba_files/TCCA/hoganrick.wpd
DAN BILL JOHNSON v. HOWARD CARLTON, Warden Court:TCCA Attorneys: Paul G. Summers, Attorney General and Reporter, and David H. Findley, Assistant Attorney General, for the appellant, State of Tennessee. Dan Bill Johnson, Lucedale, Mississippi, Pro Se. Judge: GLENN First Paragraph: The petitioner, Dan Bill Johnson, sought habeas corpus relief, asserting that his five-year robbery sentence had expired. Although not granting the relief sought by the petitioner, the trial court determined that his life sentence had expired and identified the date at which he began serving his robbery sentence, with the Department of Correction then to determine his release date. Both the petitioner and the State appealed. Following our review, we reverse the order of the trial court and dismiss the petition for writ of habeas corpus. The petitioner is to be returned to custody. http://www.tba.org/tba_files/TCCA/johnsondanb.wpd
TERRANCE LOWDERMILK v. STATE OF TENNESSEE Court:TCCA Attorneys: Terrance Lowdermilk, Edgefield, South Carolina, Pro Se. Paul G. Summers, Attorney General and Reporter; Michelle Chapman McIntire, Assistant Attorney General; William H. Cox, III, District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The petitioner, Terrance Lowdermilk, appeals the trial court's dismissal of his petition for post- conviction relief. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20, Tenn. Ct. Crim. App. R. The petition is barred by the statute of limitations and does not establish that the petitioner is alternatively entitled to relief by a writ of habeas corpus. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/lowdermilkterr.wpd
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