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.
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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 Petitioner alleges he would not have pled guilty had counsel informed him: (1) that his parole could have been revoked; and (2) that his sentence would run consecutively to the formerly paroled sentence.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 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 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 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 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 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 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 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 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 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 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 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
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