TBALink Opinion-Flash

January 26, 1996 -- Volume #2 -- Number #09 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 : 15
New Opinons From AG : Pending

There are three ways to get the full opinion from the Web: (TBALink members only)

  • Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text version of the opinion.

  • *NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original WP 6.0 document. version of the opinion.

  • Click the URL Link at end of each Opinion Paragraph below. This option will allow you to download the original WP 6.0 document.

Jim Moore
TBALink Co-Chief Editor
Opinion-Flash

STATE OF TENNESSEE v. WALTER THOMAS ALLEN

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Charles D. Wright           Charles W. Burson
Attorney at Law             Attorney General & Reporter 
150 Court Avenue    
Second Floor                Amy L. Tarkington
Memphis, TN 38103           Assistant Attorney General
                            
                            Robin L. Harris
                            Legal Assistant

                            John W. Pierotti
                            District Attorney General

                            Charles W. Bell, Jr.
                            Asst. Dist. Attorney General
                        
First Paragraph:

On October 6, 1983, Walter Thomas Allen appellant pled
guilty and was convicted of driving under the influence of
an intoxicant, second offense.  The court sentenced him to
90 days in the county workhouse, with 45 days suspended. 
Upon the appellant's request, execution of the sentence was
deferred until November 14, 1983.  Apparently, he fled the
jurisdiction and forfeited his bond.  On November 18, 1983,
a capias was issued.  The appellant was not apprehended
until 1994.  On October 19, 1994, he appeared before the
court for execution of sentence.  He appeals, arguing that
he should not be required to serve his sentence because he
was arrested on a void warrant.

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

STATE OF TENNESSEE v. RAY ANTHONY BRIDGES
And CONCURRING OPINION

Court:TCCA

For the Appellant:              For the Appellee:

Larry E. Fitzgerald             Charles W. Burson
22 N. Second St., Suite 410     Attorney General/Reporter
Memphis, TN  38103  
                                Michelle L. Lehmann 
                                Assistant Attorney General                          
                                Criminal Justice Division
                        
                                G. Robert "Gus" Radford 
                                District Attorney General
                        
First Paragraph:

The appellant, Ray Anthony Bridges, appeals from a judgment
of conviction entered in the Circuit Court of Henry County.
 The appellant pled guilty to one count of possession of
cocaine with intent to sell.  Pursuant to Tenn. R. Crim. P.
37 (b)(2), the plea expressly reserved the appellant's
right to challenge whether the arresting officer should
have obtained a warrant before conducting a search of the
appellant.

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

STATE OF TENNESSEE v. JAMES C. COBB

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Michael J. Flanagan         Charles W. Burson
Attorney at Law             Attorney General & Reporter
(Appeal Only)
                            George Linebaugh
                            Assistant Attorney General
                            
                            Robert "Gus" Radford
                            District Attorney General
                            
                            Jerry W. Wallace
                            Asst District Attorney General
                            
First Paragraph:

The appellant, James C. Cobb, was convicted of assault, a
Class A misdemeanor, by a jury of his peers.  The trial
court sentenced the appellant to confinement in the Decatur
County Jail for eleven months and twenty-nine days. 
However, the trial court suspended all but thirty days of
the appellant's sentence and granted him probation for the
balance of the sentence.

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

STATE OF TENNESSEE v. JOE A. FLEECE

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

William C. Gosnell          Charles W. Burson
Attorney at Law             Attorney General & Reporter 

                            William David Bridgers
                            Assistant Attorney General
                            Criminal Justice Division
                                
                            John W. Pierotti
                            District Attorney General

                            Lorraine Craig
                            Asst. Dist. Attorney General
                                
First Paragraph:

A jury found appellant, Joe A. Fleece, guilty of driving
under the influence of an intoxicant (DUI) and reckless
driving.  The trial judge sentenced appellant to 120 days
confinement with all but 80 days suspended on the DUI
conviction.  As to reckless driving, the judge sentenced
appellant to 30 days confinement.  Both sentences are to
run concurrently.  Appellant challenges:  (1) the
sufficiency of the evidence, (2) his sentence, (3) the
trial court's failure to grant a new trial because two
jurors were allegedly influenced by improper comments, and
(4) the introduction of proof of his restricted license
from a prior DUI.

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

BOBBY EUGENE PIPES v. STATE OF TENNESSEE

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Curtis F. Hopper            Charles W. Burson
Attorney at Law             Attorney General & Reporter 
404 West Main Street
P.O. Box 220                Elizabeth T. Ryan
Savannah, TN 38372          Assistant Attorney General
                            Criminal Justice Division
    
                            Robert "Gus" Radford
                            District Attorney General

                            John W. Overton, Jr.
                            Asst. Dist. Attorney General
    
First Paragraph:

The appellant, Bobby Eugene Pipes, appeals the denial of his
post conviction relief of two separate convictions.  One
conviction emanates from a guilty plea and the other from a
jury trial.

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

STATE OF TENNESSEE v. JODIE POPE

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

WALKER GWINN                    CHARLES W. BURSON
Assistant Public Defender       Attorney General/Reporter
    
                                MICHELLE L. LEHMANN
                                Assistant Attorney General
                        
                                JOHN W. PIEROTTI
                                District Attorney General

                                KENNETH R. ROACH
                                Asst District AG
                                Criminal Justice Center
                        
First Paragraph:

This is an appeal pursuant to Rule 3 of the Tennessee Rules
of Appellate Procedure.  The Defendant appeals from the
judgment of the trial court which found him to be in
violation of the terms of his probation.  He argues that
the trial court abused its discretion.  We affirm the
judgment of the trial court.

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

STATE OF TENNESSEE v. CYNTHIA ROBERSON & RHODNEY ROBERSON
And DISSENTING OPINION

Court:TCCA

For the Appellant           For the Appellee:
Cynthia Roberson:
                            Charles W. Burson
J. Mark Johnson             Attorney General and Reporter
124 East Court Square       
Trenton, Tennessee 38382    Ellen H. Pollack
                            Assistant Attorney General
For the Appellant           
Rhodney Roberson:           Clayburn Peeples
                            District Attorney General
Mike Mosier                 
P.O. Box 1623               Garry Brown
204 West Baltimore          Assistant District Attorney
Jackson, Tennessee 38302    
                            
First Paragraph:

The appellants, Cynthia Roberson and her husband, Rhodney
Roberson, were found guilty by a Gibson County jury of
first-degree murder in connection with the death of
two-year old Tiffany McCaig, the natural daughter of
Cynthia Roberson and the step-daughter of Rhodney Roberson.
 The jury found that the child died as a result of
aggravated child abuse.  The appellants were each sentenced
to life in prison and were fined twenty five thousand
($25,000.00) dollars.

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

STATE OF TENNESSEE v. JOHN I. RODGERS

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Arch B. Boyd, III           Charles W. Burson
Attorney at Law             Attorney General & Reporter

                            John P. Cauley
                            Assistant Attorney General
                            
                            John W. Pierotti
                            District Attorney General
                            
                            Lorraine Craig
                            Assistant District Attorney General
                        
First Paragraph:

The Shelby County Grand Jury sitting at Memphis returned a
two count indictment against the appellant, John I.
Rodgers.  Both counts charged the appellant with the
aggravated rape of his stepdaughter.  These cases were
subsequently tried.  The jury could not agree upon a
verdict.  Nine jurors voted to convict the appellant and
three jurors voted to acquit him.

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

MICHELLE STARNES v. STATE OF TENNESSEE

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Michael L. Ainley           Charles W. Burson
Ainley & Hoover             Attorney General & Reporter 
Attorneys at Law
123 North Poplar Street     Amy L. Tarkington
Paris, TN 38242             Assistant Attorney General
                            Criminal Justice Division
    
                            Robert "Gus" Radford
                            District Attorney General

                            Vicki L. Snyder
                            Asst. Dist. Attorney General
                           
First Paragraph:

A jury found appellant, Michelle Starnes, guilty of two (2)
counts of simple possession of a controlled substance and
violation of registration.  The trial judge denied
appellant's request for alternative sentencing and ordered
confinement for eleven (11) months, twenty-nine (29) days
for each count of  possession and ten (10) days for
violation of registration to be served concurrently. 
Appellant now appeals the trial court's denial of
probation.  We modify in part and affirm.

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

STATE OF TENNESSEE v. VITO SUMMA

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Brett B. Stein              Charles W. Burson
Attorney at Law             Attorney General & Reporter 
100 N. Main, Suite 3102
Memphis, TN 38103           Clinton J. Morgan
(On Appeal)                 Counsel for the State
                            Criminal Justice Division
Marti L. Kaufman            450 James Robertson Parkway
Attorney at Law             Nashville, TN 37243-0493
700 Colonial Road   
Memphis, TN 38117           John W. Pierotti
(At Hearing)                District Attorney General

                            Edgar A. Peterson, IV
                            Asst. Dist. Attorney General
                            
First Paragraph:

The appellant, Vito Summa, pled guilty to assault in the
Shelby County Criminal Court.  Judge Fred Axley presided. 
He was sentenced to eleven (11) months and twenty nine (29)
days confinement with five (5) months plus one (1) week
actual confinement.  The trial judge also ordered two (2)
years probation following appellant's release from
confinement.  Appellant's brief raises the sole issue of
whether the trial court should have granted full probation.
We affirm in part and reverse in part.

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

STATE OF TENNESSEE v. RONALD SUMMERALL

Court:TCCA

For Appellant:              For Appellee:
W. Mark Ward                Charles W. Burson
Attorney                    Attorney General and Reporter
147 Jefferson, Suite 900
Memphis, TN  38103          Cecil H. Ross   
(On appeal)                 Assistant Attorney General
                            450 James Robertson Parkway
A.C. Wharton                Nashville, TN  37243-0493
Shelby County Public
  Defender                  John W. Campbell
(Of counsel)                and
                            Phillip Gerald Harris
Carolyn Watkins             Asst. District Attorneys General
and                         
Ronald Johnson              
Asst. Public Defenders
(At trial)
                        
First Paragraph:

The defendant, Ronald Summerall, indicted for first degree
murder, was found guilty of second degree murder.  The
trial court imposed a Range II sentence of forty years and
ordered the term to be served consecutively to a sentence
in an unrelated conviction.

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

STATE OF TENNESSEE v. MONTREL THOMPSON, JR.  

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Vanedda Prince                  Charles W. Burson
311 South Third Street          Attorney General/Reporter
P.O. Box 26                     
Union City, Tennessee 38281     Charlotte H. Rappuhn
                                Assistant Attorney General
    
                                Thomas A. Thomas
                                District Attorney General
                            
                                James Canon
                                Asst District AG
                                
First Paragraph:

The appellant, Montrel Thompson, appeals pursuant to Rule 10
of the Tennessee Rules of Appellate Procedure from an
interlocutory order of the Circuit Court for Obion County
affirming the District Attorney General's denial of his
application for pretrial diversion.

URL:http://www.tba.org/tba_files/TCCA/THOMPSON.PTD.WP6
Opinion-Flash

STATE OF TENNESSEE v. MARK A. WILSON

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Paula Skahan                Charles W. Burson
Attorney at Law             Attorney General & Reporter
140 Third Street, North     450 James Robertson Parkway
Memphis, TN 38103           Nashville, TN 37243-0493
(Appeal Only)
                            Elizabeth T. Ryan
William C. Cole             Assistant Attorney General
Attorney at law             450 James Robertson Parkway
8582 Highway 51 North       Nashville, TN 37243-0493
Millington, TN 38053
(Trial Only)                John W. Pierotti
                            District Attorney General
    
                            Jennifer Nichols
                            Asst District Attorney General
                            
                            Charles Bell
                            Asst District Attorney General
                        
First Paragraph:

The appellant, Mark A. Wilson, was convicted of sexual
battery, a Class E felony, following his plea of guilty to
the offense.  The trial court imposed a Range I sentence
consisting of a $500 fine and confinement for 120 days in
the Shelby County Correction Center pursuant to the
parties' plea bargain agreement.  A sentencing hearing was
conducted pursuant to the appellant's request for an
alternative sentence.  The trial court denied the request
at the conclusion of the hearing.

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

Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/

Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank

Non TBA members are WELCOME to subscribe...it's free!!

Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank

Opinion-Flash

Return to the TBALink Home Page