Opinion FlashAugust 13, 2004
Volume 10 Number 156
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
KARL P. BIRKHOLZ, ET UX. v. DAVIS N. HARDY, ET UX. Court:TCA Attorneys: William Ernest Norcross of Cordova; Minton P. Mayer of Memphis For Appellants, The Estate of Davis N. Hardy and Clarise B. Hardy Glen Reid, Jr. of Memphis For Appellees, Karl P. Birkholz and Molly B. Birkholz Judge: CRAWFORD First Paragraph: Appellants/buyers appeal from judgment entered for Appellees/sellers on promissory note given for purchase of real estate. The note contained a condition precedent wherein the principal would not be due until Appellants/buyers sold commercial property they owned. The trial court imposed five years as a reasonable time for performance of the contract and awarded prejudgment interest. Appellants/buyers appeal. We affirm in part, reverse in part, and remand. http://www.tba.org/tba_files/TCA/birkholzkp.wpd
STATE OF TENNESSEE v. MALCOLM BENSON Court:TCCA Attorneys: Ramsdale O'DeNeal, Jr., Jackson, Tennessee, for the appellant, Malcolm Benson. Paul G. Summers, Attorney General & Reporter; David H. Findley, Assistant Attorney General; and Phillip Bivens, District Attorney General, for the appellant, State of Tennessee. Judge: SMITH First Paragraph: Following a jury trial on April 23, 2003, the defendant was convicted of one count of sale of a controlled substance more than .5 grams. He was sentenced to ten years in the Tennessee Department of Correction and fined $3000. He appeals this conviction. The defendant argues two issues: (1) whether the evidence was sufficient to support the defendant's conviction; and (2) whether the trial court erred by not allowing the defendant's uncle to testify at trial as to the identity of an individual in the videotape of the drug sale. We affirm the decision of the trial court. http://www.tba.org/tba_files/TCCA/bensonmal.wpd
STATE OF TENNESSEE v. BOBBY LEE Court:TCCA Attorneys: Danny H. Goodman, Jr., Tiptonville, Tennessee, for the appellant, Bobby Lee. Paul G. Summers, Attorney General and Reporter; Michelle Chapman McIntire, Assistant Attorney General; Thomas A. Thomas, District Attorney General; and Kevin D. McAlpin, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant appeals his conviction for attempted first degree murder. The defendant's sole issue on appeal is a claim that the jury venire was unconstitutionally empaneled by failing to include adequate representation of African-Americans. The defendant failed to prove a prima facie case, and the conviction is affirmed. http://www.tba.org/tba_files/TCCA/leebo.wpd
RONNIE SIMPSON v. STATE OF TENNESSEE Court:TCCA Attorneys: James M. Gulley, Memphis, Tennessee, Attorney for the Appellant, Ronnie Simpson. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Elizabeth T. Ryan, Assistant Attorney General; William L. Gibbons, District Attorney General; and Steve Jones, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Ronnie Simpson, appeals from the Shelby County Criminal Court's dismissal of his petition for post-conviction relief. Pursuant to a negotiated plea agreement, Simpson pled guilty to especially aggravated robbery and aggravated burglary and received an effective fifteen-year sentence. On appeal, Simpson challenges the validity of his guilty plea upon grounds of: (1) voluntariness and (2) ineffective assistance of counsel. Following a review of the record, we affirm the judgment of the post-conviction court dismissing the petition. http://www.tba.org/tba_files/TCCA/simpsonro.wpd
STATE OF TENNESSEE v. DANNY JOE WRIGHT Court:TCCA Attorneys: Paul E. Lewis, Millington, Tennessee, for the appellant, Danny Joe Wright. Paul G. Summers, Attorney General and Reporter; Michael Markham, Assistant Attorney General; Elizabeth Rice, District Attorney General; and James Walter Freeland, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Danny Joe Wright, was convicted of driving under the influence second offense and violating the open container law. He was also found to have violated the implied consent law. In this direct appeal, he argues that the trial court improperly limited his cross-examination of the arresting officer and that the trial court erred by refusing to admit the testimony of an expert witness in field sobriety testing. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/wrightdanj.wpd
Tennessee Health Services and Development Agency -- Applicability of Title VI of the Civil Rights Act of 1964 Date: August 12, 2004 Opinion Number: August 12, 2004 http://www.tba.org/tba_files/AG/2004/op130.pdf
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