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TBALink Opinion-Flash
January 26, 1996 -- Volume #2 -- Number #09
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
- New Opinons From TCA : 0
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
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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