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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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 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 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 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 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 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 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 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 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 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 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 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 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
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