Timothy R. Powell vs. State of Tennessee
01C01-9708-CR-00379
The Defendant, Timothy R. Powell, appeals as of right from the order of the trial court summarily dismissing his second petition for post-conviction relief. We affirm the judgment of the trial court.
Authoring Judge: Judge David H. Welles
Originating Judge:Judge Frank G. Clement |
Davidson County | Court of Criminal Appeals | 10/06/98 | |
John Kohl & Company P.C. v. Dearborn & Ewing, a Tennessee General Partnership, and Dan E. Huffstutter
01S01-9711-CV-00255
In this legal malpractice action, the plaintiffs, John Kohl & Company P.C., John B. Kohl, III and Helen H. Kohl, Individually, and John B. Kohl, III, Trustee, as Trustee of the John Kohl & Company, P.C. Profit Sharing Plan, (collectively referred to as the “plaintiffs”), appeal from the Court of Appeals’ decision affirming the trial court’s finding that the statute of limitations barred the plaintiffs’ recovery for negligently provided legal advice pertaining to certain business matters. The plaintiffs have also appealed from the denial of legal fees associated with prosecuting this action against the defendant, Dearborn and Ewing, and one of its associates, Dan Huffstutter. The issues before us are: (1) whether certain of the plaintiffs’ claims are barred by the one-year statute of limitations applicable to legal malpractice actions, see Tenn. Code Ann. § 28-3-104, and (2) whether the plaintiffs are entitled to recover legal fees associated with prosecuting this action. For the reasons explained hereafter, the decision of the Court of Appeals is affirmed.
Authoring Judge: Justice Frank F. Drowota, III
Originating Judge:Judge Thomas W. Brothers |
Davidson County | Supreme Court | 10/05/98 | |
Citicorp Mortgage, Inc. v. John P. Roberts
02S01-9712-CH-00109
In this legal malpractice action, the defendant, John P. Roberts, appeals from the Court of Appeals’ reversal of summary judgment entered by the trial court in his favor based on the expiration of the statute of limitations. The issue for our determination is whether the present action is barred by the one-year statute of limitations applicable to legal malpractice actions, Tenn. Code Ann. § 28-3-104.1 After carefully examining the record before us and considering the relevant authorities, we conclude that the instant suit is time-barred. Accordingly, for the reasons explained hereafter, the decision of the Court of Appeals to reverse the trial court’s grant of summary judgment to the defendant is reversed.
Authoring Judge: Justice Frank W. Drowota, III
Originating Judge:Chancellor Neal Small |
Shelby County | Supreme Court | 10/05/98 | |
Barbara White as the Administratrix of the Estate of Earl R. White, deceased v. William H. Lawrence, M.D.
02S01-9701-CV-00007
The Court has considered the Petition for Rehearing filed by the defendant/appellee, and it is the decision of a majority of this Court that the petition is without merit. The Petition for Rehearing is denied.
Authoring Judge: Per Curiam
Originating Judge:Judge Julian P. Guinn |
Supreme Court | 10/05/98 | ||
State of Tennessee v. Chrysta Gail Pike
03S01-9712-CR-00147
In this capital case, the defendant, Christa Gail Pike, was convicted of premeditated first degree murder and conspiracy to commit first degree murder. Following a sentencing hearing on the conviction for first degree murder, the jury found two aggravating circumstances: (1) “[t]he murder was especially heinous, atrocious or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death;” and (2) “[t]he murder was committed for the purpose of avoiding, interfering with or preventing a lawful arrest or prosecution of the defendant or another.” Tenn. Code Ann. § 39-13-204(i)(5) and (6) (1997 Repl.). Finding that the two aggravating circumstances outweighed mitigating circumstances beyond a reasonable doubt, the jury sentenced the defendant to death by electrocution. With respect to the defendant’s conviction of conspiracy to commit first degree murder, the trial judge imposed a consecutive twenty-five-year sentence.
Authoring Judge: Justice Frank W. Drowota, III
Originating Judge:Judge Mary Beth Lebowitz |
Knox County | Supreme Court | 10/05/98 | |
Damon Alan Kratochvil a Minor by James L. Coone and Sonja Coone v. Danny Alan Kratochvil
03A01-9712-CH-00536
In this adoption case, Danny Alan Kratochvil (respondent) appeals the trial court's order terminating his parental rights regarding his son, Damon Alan Kratochvil. The biological mother's parental rights were terminated by default judgment, and she is not a party to this appeal. We affirm the judgment of the trial court.
Authoring Judge: Judge Don T. McMurray
Originating Judge:Chancellor R. Vann Owens |
Court of Appeals | 10/02/98 | ||
Larry G. Relford, v. William DeRochie and Steve LaFon
03A01-9712-CV-00547
Larry G. Relford, an employee of William DeRochie, sued Mr. DeRochie and Steve LaFon, seeking damages for injuries received by him when he fell from a scaffold while framing a personal residence being erected for Mr. LaFon under a contract with Mr. DeRochie, the general contractor. As best we understand the complaint, it is grounded upon two theories-- first, that Mr. LaFon failed to provide a safe place for Mr. Relford to work and, second, that Mr. LaFon was, as contemplated by T.C.A. 50-6-111, a statutory employer and subject to the provisions of the Tennessee Workers' Compensation Statute.
Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge Russell E. Simmons |
Loudon County | Court of Appeals | 10/02/98 | |
Jeremy P. Crye, a Minor by his next friend and Mother, Beverly A. Rogers, and Beverly A. Rogers, Individually v. Lloyd C. Norton and Mary B. Norton
03A01-9804-CV-00142
The plaintiff, Jeremy P. Crye, seeks to impose liability on Mary B. Morton for the act of her son, Lloyd C. Norton, in shooting him. The trial judge granted her motion for summary judgment without enlargement. The plaintiff appeals, and presents for review the issue of whether the proof relevant to the motion established a genuine dispute of a material fact, thus requiring a merit trial.
Authoring Judge: Senior Judge William H. Inman
Originating Judge:Judge Harold Wimberly |
Knox County | Court of Appeals | 10/02/98 | |
Karen Lynn Pilcher, and husband Keith A. Pilcher, v. A.L. Moneymaker, Jr., and wife, Roberta Moneymaker
03A01-9710-CV-00482
A. L. Moneymaker, Jr., and his wife Roberta Moneymaker appeal a judgment rendered by the Trial Court against them in the amount of $36,000 as a result of personal injuries sustained by Karen Lynn Pilcher and loss of consortium of her husband, Keith A. Pilcher. The suit arose as a result of a collision occurring on September 3, 1994, about 10:00 a.m., between a female dog named Spec, alleged to be owned by Mr. and Mrs. Moneymaker, and a bicycle being ridden by Mrs. Pilcher on Dutch Valley Road in Anderson County.
Authoring Judge: Presiding Judge Houston M. Goddard
Originating Judge:Judge James B. Scott, Jr. |
Anderson County | Court of Appeals | 10/02/98 | |
State of Tennessee vs. Cecil Eugene McGuire
03C01-9705-CC-00191
The Sevier County Grand Jury indicted sixteen-year old Cecil Eugene McGuire for aggravated rape, aggravated sexual battery, and aggravated burglary. After a trial, the jury acquitted the defendant of aggravated rape and aggravated burglary but found him guilty of aggravated sexual battery and aggravated criminal trespass, a lesser grade offense of aggravated burglary. The trial court sentenced him to serve eleven years in the custody of the Department of Correction as a Range I, standard offender for the Class B felony, concurrently with eleven months and twenty-nine days for the Class A misdemeanor. Pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure, the defendant presents the following issues:
After a careful review of the record and the applicable law, we find no error warranting reversal of the defendant’s convictions. We affirm the convictions, but for reasons explained below, we modify the felony sentence from eleven years to ten years.
Authoring Judge: Judge Curwood Witt
Originating Judge:Judge Rex Henry Ogle |
Sevier County | Court of Criminal Appeals | 10/02/98 | |
Brown vs. McMullin, et. al.
01A01-9710-CH-00561
Originating Judge:Henry F. Todd |
Court of Appeals | 09/30/98 | ||
Knox Co. vs. Perceptics
03A01-9803-CH-00089
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Knox County | Court of Appeals | 09/30/98 | |
James Newsome vs. State
01C01-9710-CR-00459
Originating Judge:Thomas H. Shriver |
Davidson County | Court of Criminal Appeals | 09/30/98 | |
Johnson vs. Johnson
01A01-9708-CH-00410
Originating Judge:Tom E. Gray |
Sumner County | Court of Appeals | 09/30/98 | |
Philip Rene Julian, v. Beverly Ann Julian
02A01-9709-CV-00229
In this divorce action, the husband has appealed, raising issues about the value and division of the marital property, as well as an award of attorney’s fees to the wife.
Authoring Judge: Judge Herschel Pickens Franks
Originating Judge:Judge John R. McCarroll, Jr. |
Shelby County | Court of Appeals | 09/30/98 | |
State vs. Floyd Smith, II
01C01-9711-CR-00511
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Wilson County | Court of Criminal Appeals | 09/30/98 | |
State vs. William Mack Gross
E2000-00039-CCA-R3-CD
Authoring Judge: Judge Thomas T. Woodall
Originating Judge:Douglas A. Meyer |
Hamilton County | Court of Criminal Appeals | 09/30/98 | |
Robbie Ann Stavely Hendrix v. Billy Gene Hendrix
02A01-9712-CH-00303
In this divorce action, the Trial Judge granted the wife a divorce, ordered the defenda nt to pay alimon y in the amou nt of $400.00 a mo nth, and ch ild support for one child in the amount of $750.00, and attorney’s fees for the wife in the amount of $1,634.67. He also ordered the husband to pay certain debts of the marriage. On appeal, the husband seeks a reversal of the decree for alimony, payment of the marital debts and attorney’s fees to the wife. He also seeks a reduction in the amount of child support awarded by the Trial Judge.
Authoring Judge: Judge Herschel P. Franks
Originating Judge:Chancellor Joe C. Morris |
Madison County | Court of Appeals | 09/30/98 | |
State vs. Delbert Harris
01C01-9705-CC-00177
Originating Judge:Robert E. Burch |
Dickson County | Court of Criminal Appeals | 09/30/98 | |
David Gibson vs. State
01C01-9710-CC-00473
Originating Judge:W. Charles Lee |
Bedford County | Court of Criminal Appeals | 09/30/98 | |
State vs. Demario Hill aka David Weathers
01C01-9707-CC-00444
Originating Judge:Robert E. Burch |
Dickson County | Court of Criminal Appeals | 09/30/98 | |
State vs. Donald Wallace
01C01-9711-CC-00526
Originating Judge:Leonard W. Martin |
Stewart County | Court of Criminal Appeals | 09/30/98 | |
Larry T. Carter vs. State
01C01-9710-CR-00488
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Davidson County | Court of Criminal Appeals | 09/30/98 | |
Sparks vs. Knoxville
03A01-9803-CV-00092
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Court of Appeals | 09/30/98 | ||
State vs. William Bradley
01C01-9708-CR-00336
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Davidson County | Court of Criminal Appeals | 09/30/98 |