TBALink Opinion-Flash

January 09, 1996 -- Volume #2 -- Number #02 Opinion-Flash

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts and the TN Attorney General.

This Issue:
New Opinons From TSC : 0
New Opinons From TCA : 0
New Opinons From TCCA : 12
New Opinons From AG : Pending

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Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

Document Name  :BAILEYJE.OPN.WP6
Court          :TCCA


FOR THE APPELLANT:          FOR THE APPELLEE:

Steve Beal                  Charles W. Burson
Attorney at Law             Attorney General & Reporter 
22 Monroe Street
Lexington, TN 38351         Christina S. Shevalier
                            Assistant Attorney General
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            James G. (Jerry) Woodall
                            District Attorney General

                            Donald H. Allen
                            Asst. Dist. Attorney General
                            225 Martin Luther King Drive
                            P.O. Box 2825
                            Jackson, TN 38302-2825

                        
First Paragraph:

Petitioner, James E. Bailey, pled guilty to two counts of
aggravated robbery, one count of robbery, one count of
second degree burglary, and one count of forgery.  He was
sentenced to thirteen years confinement.  Later, the parole
board revoked his parole on a previous four year sentence
and recalculated his sentence at seventeen years. 
Petitioner filed, pro se, for post conviction relief
alleging ineffective assistance of counsel.  Petitioner
alleges he would not have pled guilty had counsel informed
him:  (1)  that his parole could have been revoked; and (2)
that his sentence would run consecutively to the formerly
paroled sentence.  The trial court dismissed withwithout
holding an evidentiary hearing.  Petitioner appeals.  We
affirm.

URL:http://www.tba.org/tba_files/TCCA/BAILEYJE.OPN.WP6
Opinion-Flash

Document Name  :BEASON.OPN.WP6
Court          :TCCA


FOR THE APPELLANT:          FOR THE APPELLEE:


Daniel A. Seward            Charles W. Burson
P.O. Box 11207              Attorney General & Reporter
Memphis, TN   38111             
                            Charlotte H. Rappuhn
                            Asst. Attorney General
                            450 James Robertson Pkwy.
                            Nashville, TN   37243-0493

                            John W. Pierotti
                            District Attorney General
                            
                            Karen Cook 
                            Asst. Dist. Attorney General
                            201 Poplar Avenue, Third Floor

                        
First Paragraph:

The petitioner, Cedric Beason, pled guilty pursuant to a
"package deal" plea agreement to one count of attempted
first degree murder after pleading guilty earlier in the
same day to first degree murder and especially aggravated
robbery.  The petitioner received a fifteen year sentence
in the attempted murder conviction and a concurrent life
sentence for the earlier convictions.  The petitioner
subsequently filed a petition for post-conviction relief
attacking the validity of his guilty plea to attempted
first degree murder.  The state did not file a response to
the petition which, following an evidentiary hearing, was
dismissed by the trial court.

URL:http://www.tba.org/tba_files/TCCA/BEASON.OPN.WP6
Opinion-Flash

Document Name  :CROSCUP.OPN.WP6
Court          :TCCA


FOR THE APPELLANT:              FOR THE APPELLEE:

Thomas E. Croscup, Jr.,         Charles W. Burson
Brushy Mountain State Prison    Attorney General & Reporter 
Petros, TN 37845
Pro Se                          Michelle L. Lehmann
                                Counsel for the State
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                Elizabeth T. Rice
                                District Attorney General

                                William K. Randolph
                                Asst. Dist. AG
                                302 Market Street
                                Somerville, TN 38068

                        
First Paragraph:

Petitioner Thomas E. Croscup, Jr., appeals from the trial
court's dismissal of his pro se petition for
post-conviction relief.  He argues that the trial court
improperly denied him the right to an evidentiary hearing.

URL:http://www.tba.org/tba_files/TCCA/CROSCUP.OPN.WP6
Opinion-Flash

Document Name  :HARRISON.OPN.WP6
Court          :TCCA


FOR THE APPELLANT:              FOR THE APPELLEE:

J. B. Glassman                  Charles W. Burson
Attorney at Law Attorney        General & Reporter 
1341 North Highland Avenue
Jackson, TN 38301               John P. Cauley
                                Assistant Attorney General
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0943

                                James G. (Jerry) Woodall
                                District Attorney General

                                Don Allen
                                Asst. Dist. Attorney General
                                P.O. Box 2825
                                Jackson, TN 38302


First Paragraph:

The appellant, Gloria Harrison, was convicted by a jury in
the Madison County Circuit Court of theft in excess of
$500.00.  No stranger to the criminal process, the
appellant has a previous history of criminal convictions
including larceny, forgery, and assault.  Judge Franklin
Murchison sentenced her to six years in the Tennessee
Department of Correction as a career offender.  The
sentence is to be served consecutively to all other
sentences for which she was previously paroled.  She
appeals to this Court for relief.  We affirm.

URL:http://www.tba.org/tba_files/TCCA/HARRISON.OPN.WP6
Opinion-Flash

Document Name  :HESTER.OPN.WP6
Court          :TCCA


FOR THE APPELLANT:              FOR THE APPELLEE:

Shana McCoy-Johnson             Charles W. Burson
Sr District Public Defender     Attorney General/Reporter
P.O. Box 700                    450 James Robertson Parkway
Somerville, Tennessee           Nashville, TN  37243-0493

                                Clinton J. Morgan
                                Asst. AG/Reporter
                                450 James Robertson Parkway
                                Nashville, TN  37243-0493

                                Elizabeth Rice
                                District Attorney General

                                Christopher Marshburn
                                Asst. District AG
                                302 Market Street
                                Somerville, Tennessee 38068

                        
First Paragraph:

Following a jury trial in the Circuit Court of Fayette
County, the appellant, Henry Lewis Hester, Jr., was
convicted of the offenses of second-degree murder, a Class
A felony, and possession of a firearm on the premises of a
public place where alcoholic beverages are served, a Class
A misdemeanor.  He was sentenced to fifteen (15) years in
the Department of Correction for the second-degree murder
offense, and to six (6) months for his misdemeanor
conviction, both sentences to be served concurrently.  The
sole issue raised by the appellant on this appeal as of
right is the sufficiency of the evidence to support the
murder conviction.

URL:http://www.tba.org/tba_files/TCCA/HESTER.OPN.WP6
Opinion-Flash

Document Name  :HOYT.OPN.WP6
Court          :TCCA


For the Appellant:          For the Appellee:

Richard W. DeBerry          Charles W. Burson
Asst. District PD           Attorney General and Reporter
P. O. Box 663   
Camden, TN  38320           Clinton J. Morgan
                            Assistant Attorney General                          
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493                
                        
                            G. Robert Radford
                            District Attorney General

                            John Overton
                            Asst. District Attorney General
                            Main Street
                            Savannah, TN 38372

                        
First Paragraph:

The appellant, Richard J. Hoyt, was convicted of two counts
of aggravated rape and one count of aggravated sexual
battery after a jury trial in the Circuit Court of Hardin
County.  The trial court sentenced the appellant to
twenty-five years for each aggravated rape conviction and
twelve years for the aggravated sexual battery conviction. 
The court ordered the sentences to run consecutively,
resulting in an effective sentence of sixty-two years.  In
this appeal as of right, the appellant raises four issues
for our review.  First, the appellant challenges the
sufficiency of the evidence to sustain any of the three
convictions.  Second, the appellant contends that the trial
court erred in failing to sever the three counts of the
indictment.  Third, the appellant argues that the
individual sentences were excessive and based upon improper
enhancement factors.  Finally, the appellant contends that
the trial court erred in ordering consecutive sentences.

URL:http://www.tba.org/tba_files/TCCA/HOYT.OPN.WP6
Opinion-Flash

Document Name  :LEWISG.OPN.WP6
Court          :TCCA


FOR THE APPELLANT:              FOR THE APPELLEE:

Walker Gwinn                    Charles W. Burson
Assistant Public Defender       Attorney General & Reporter
201 Poplar Avenue               450 James Robertson Parkway
Memphis, TN 38103               Nashville, TN 37243-0493
(Appeal Only)
                                Hunt S. Brown
Juanita L. Peyton               Assistant Attorney General
Assistant PD                    450 James Robertson Parkway
201 Poplar Avenue               Nashville, TN 37243-0493
Memphis, TN 38103
(Trial Only)                    John W. Pierotti
                                District Attorney General
OF COUNSEL:                     201 Poplar Avenue
                                Memphis, TN 38103
A C Wharton, Jr.
Shelby County PD                Judson W. Phillips
201 Poplar Avenue               Asst District AG
Memphis, TN 38103               201 Poplar Avenue
                                Memphis, TN 38103

                        
First Paragraph:

The appellant, Gregory Lewis, was convicted of possessing in
excess of twenty six grams of cocaine with the intent to
deliver, a Class B felony, by a jury of his peers.  The
trial court found that the appellant was a standard
offender and imposed a Range I sentence consisting of a
$12,000 fine and confinement for ten (10) years in the
Department of Correction.

URL:http://www.tba.org/tba_files/TCCA/LEWISG.OPN.WP6
Opinion-Flash

Document Name  :ROBINSON.OPN.WP6
Court          :TCCA


FOR THE APPELLANT:          FOR THE APPELLEE:

Guy T. Wilkinson            Charles W. Burson
District Public Defender    Attorney General & Reporter 

Richard DeBerry             Michael J. Fahey, II
Asst. Dist. PD              Assistant Attorney General
Court Square                450 James Robertson Parkway
Savannah, TN 38372          Nashville, TN 37243-0493

                            Robert "Gus" Radford
                            District Attorney General

                            Jerry Wallace and
                            John Overton
                            Asst. Dist. Attorneys General
                            P. O. Box 488
                            Decaturville, TN 38329

                        
First Paragraph:

A jury found appellant, John Robinson, guilty of two counts
of first degree murder and arson.  He received two
sentences of life without parole and a two year sentence
all running consecutively.  Appellant's brief raises seven
issues challenging:  (1) the sufficiency of evidence, (2)
the admission of his wife's testimony, (3) the admission of
crime scene photographs, (4) the instructions to the jury
as to the range of punishment for a lesser included
offense, (5) the jury's finding of aggravating factors, and
(6) the trial court's sentencing.  We affirm

URL:http://www.tba.org/tba_files/TCCA/ROBINSON.OPN.WP6
Opinion-Flash

Document Name  :SELTZER.OPN.WP6
Court          :TCCA


FOR THE APPELLANT:               FOR THE APPELLEE:

WILLIAM D. MASSEY               CHARLES W. BURSON
Attorney at Law                 Attorney General & Reporter
100 N. Main, Suite 3010
Memphis, TN 38103               DARIAN B. TAYLOR        
(On Appeal)                     Asst. Attorney General
                                450 James Robertson Pkwy.
JOSEPH OZMENT                   Nashville, TN  37243-0485
Attorney at Law
100 N. Main Bldg.               JOHN W. PIEROTTI
Memphis, TN 38103               District Attorney General
(At Trial)
                                AMY WEIRICH
                                Asst. District Attorney General
                                201 Poplar Ave.
                                Memphis, TN 38103

                        
First Paragraph:

The petitioner was convicted on June 11, 1986 of robbery
with a deadly weapon.  Upon a jury finding that he was an
habitual criminal, he was sentenced to life in prison.  His
conviction and sentence were affirmed by this Court on
direct appeal. See State v. Edward Darnell Seltzer, C.C.A.
No. 69, Shelby County (Tenn. Crim. App. filed May 27, 1987,
at Jackson).  The Tennessee Supreme Court denied permission
to appeal on September 8, 1987.  The petitioner filed his
first post conviction relief petition in 1989, but
voluntarily withdrew it on January 29, 1993.  He filed the
present "Petition For Writ Of Error Coram Nobis Or In The
Alternative Post Conviction Relief" on January 26, 1994,
alleging that he was convicted on the basis of perjured or
mistaken testimony.  On March 25, 1994, "An Amended
Petition For Post-Conviction Relief" was filed.  On April
11, 1994, the trial court denied the petition without
conducting an evidentiary hearing because it had been filed
after the running of the three year statute of limitations.
 See T.C.A.  40-30-102 (1990), repealed by Post-Conviction
Procedure Act of 1995, ch. 207,  1 (codified at T.C.A. 
40-30-202 (Supp. 1995)).  In this appeal as of right, the
petitioner contends that the trial court erred in denying
his petition without conducting a hearing, arguing that his
situation is analogous to the case of Burford v. State, 845
S.W.2d 204 (Tenn. 1992).  We find that the trial court
properly denied the petition.

URL:http://www.tba.org/tba_files/TCCA/SELTZER.OPN.WP6
Opinion-Flash

Document Name  :STONE.OPN.WP6
Court          :TCCA


FOR THE APPELLANT:          FOR THE APPELLEE:

Guy T. Wilkinson            Charles W. Burson
District Public Defender    Attorney General & Reporter 
P. O. Box 663
Camden, TN 38320            Clinton J. Morgan
                            Counsel for the State
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            Robert "Gus" Radford
                            District Attorney General

                            Vicki L. Snyder
                            Asst. Dist. Attorney General
                            P.O. Box 686
                            Huntingdon, TN 38344 

                        
First Paragraph:

A jury found appellant, Thomas Michael Stone, guilty of rape
of a child, rape, and incest.  He was sentenced to fifteen
years, eight years, and three years confinement to be
served concurrently.  On appeal, appellant challenges the
sufficiency of the evidence.  We affirm.

URL:http://www.tba.org/tba_files/TCCA/STONE.OPN.WP6
Opinion-Flash

Document Name  :TAYLORJE.OPN.WP6
Court          :TCCA


FOR THE APPELLANT:              FOR THE APPELLEE:

Timothy C. Naifeh               Charles W. Burson
Attorney at Law                 Attorney General
110 S. Court St.
Tiptonville, TN 38079           Clinton J. Morgan
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                Joseph M. Boyd, Jr.
                                District Attorney General
                    
                                Guy Yelton
                                Asst. Dist. Attorney General
                                Dyer County Courthouse
                                Dyersburg, TN 38024

                        
First Paragraph:

Following a jury trial, the appellant, James Ernest Taylor,
was convicted  of selling cocaine for which he received a
sentence of eleven years with the Tennessee Department of
Correction as a Range I standard offender.  On direct
appeal, this Court affirmed the trial court's decision. 
State v. Taylor, No. 02-C 01-9205-CC-00118, Dyer Co. 
(Tenn. Crim. App., Jackson, July 14,1993).  The appellant
then filed a petition for post-conviction relief.  The
trial court held an evidentiary hearing and the judge found
that all issues raised were either previously determined or
without merit.  The appellant now appeals the denial of
post-conviction relief, raising the following issues:

URL:http://www.tba.org/tba_files/TCCA/TAYLORJE.OPN.WP6
Opinion-Flash

Document Name  :WILLIAST.OPN.WP6
Court          :TCCA


FOR THE APPELLANT:              FOR THE APPELLEE:

Sterling E. Williams, Sr.       Charles W. Burson
Pro Se                          Attorney General & Reporter 
Post Office Box 9893
Jackson, MS 39286-0893          George Linebaugh
                                Counsel for the State
                                Criminal Justice Division
                                450 James Robertson Parkway
                                Nashville, TN 37243-0493

                                James G. (Jerry) Woodall
                                District Attorney General

                                Lawrence "Nick" Nicola
                                Asst. Dist. Attorney General
                                P.O. Box 2825
                                Jackson, TN 38302

                        
First Paragraph:

The Circuit Court at Madison County convicted appellant,
Sterling Williams, of speeding and fined him $5.00 plus
costs.  Williams has appealed pro se and raises the
following issues: 1) whether he was denied the right to a
speedy trial, 2) whether the state's method of assessing
fines and court costs violates the due process clause, and
3) whether the trial court erred in disallowing the
appellant's request to question a witness about radar.

URL:http://www.tba.org/tba_files/TCCA/WILLIAST.OPN.WP6
Opinion-Flash

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