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STATE OF TENNESSEE v. NATHAN SMITH w/DISSENTING OPINION Court:TSC FOR THE APPELLANT: FOR THE APPELLEE: CHARLES W.B. FELS CHARLES W. BURSON KENNETH F. IRVINE, JR. Attorney General and Reporter Knoxville, TN (On appeal) MICHAEL MOORE Solicitor General EDWARD L. HILAND MICHAEL W. CATALANO Nashville, TN Associate Solicitor General CHARLES I. POOLE VICTOR S. JOHNSON, III Sevierville, TN District Attorney General (At trial) RENEE ERB Asst. District Attorney General Nashville, TN Judge: BIRCH First Paragraph: Nathan Smith, the defendant, appeals the judgment of the Court of Criminal Appeals affirming his two convictions for aggravated sexual battery. In this appeal, Smith contends that the trial court erroneously admitted incriminating statements he made to a mental health counselor. He insists that these statements should have been suppressed because: (1) they were elicited in violation of Miranda v. Arizona, 384 U.S. 436 (1966); (2) they constituted an involuntary confession; and (3) they were solicited under circumstances that violated his due process rights under the Fourteenth Amendment to the United States Constitution and Article I, S 8 of the Tennessee Constitution. Under the facts of this case, we find that the admission of these statements did not violate the defendant's state or federal constitutional rights; accordingly, we affirm the judgment. URL:http://www.tba.org/tba_files/TSC/SMITHNAT.OPN.WP6 URL:http://www.tba.org/tba_files/TSC/SMITHNAT.DIS.WP6 URL:http://www.tba.org/tba_files/TSC/SMITHNAT.REI.WP6 STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules Attorneys: N/A Judge: N/A First Paragraph: SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL November 12, 1996 URL:http://www.tba.org/tba_files/TSC_Rules/STATELST-11-12-96.WPD.WP6 TY FARMING COMPANY, INC. , v. GEORGE BELEW and THE COUNTY OF DYER, TENNESSEE, Court:TCA Ralph I. Lawson, LAWSON & LANNON ATTORNEYS, Dyersburg, Tennessee Attorney for Plaintiff/Appellant. James S. Wilkes, WILKES & DYER, Dyersburg, Tennessee Attorney for Defendant/Appellee George Belew. Douglas W. Wilkerson, J. Michael Gauldin, WILKERSON GAULDIN & HAYES, Dyersburg, Tennessee Attorneys for Defendant Appellee County of Dyer. Judge: FARMER First Paragraph: Plaintiff-Appellant, TY Farming Company, Inc. ("TY Farming"), appeals the judgment of the trial court denying TY Farming's claims against Defendants-Appellees Dyer County ("Dyer County") and George Belew ("Belew") relative to a dirt road which crossed properties owned by TY Farming, Belew, and other landowners in Dyer County. The trial court found that the dirt road had been abandoned by the County and the general public, that the road was no longer a public road, and, therefore, that the County had no obligation to maintain the road. Accordingly, the judgment denied TY Farming's claim for damages against the County and dismissed the County from the lawsuit. With regard to TY Farming's claim against Belew, the judgment granted TY Farming an easement across the property of Belew. The trial court further found that Belew had deprived TY Farming of its previously existing easement of ingress and egress to its property, but the court found that TY Farming had suffered no damages because it had continuous access to its property by another route. Accordingly, the trial court denied TY Farming's claim for damages against Belew and dismissed TY Farming's complaint in its entirety. URL:http://www.tba.org/tba_files/TCA/TY-FARM.OPN.WP6 JEFF ARWOOD,v. STATE OF TENNESSEE, Court:TCCA For Appellant: For Appellee: Curtis H. Gann Charles W. Burson Assistant Public Defender Attorney General & Reporter Seventeenth Judicial District P.O. Box 1119 Sarah M. Branch Fayetteville, TN 37334 Counsel for the State (on appeal) 450 James Robertson Parkway Nashville, TN 37243 0493 Robert H. Marlow Assistant Public Defender Weakley E. Barnard 218 North Main Street Assistant District Attorney General Shelbyville, TN 37160 Seventeenth Judicial District (at trial) Lincoln County Courthouse Fayetteville, TN 37334 Judge: GARY R. WADE First Paragraph: The petitioner, Jeff Arwood, appeals the trial court's denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner received the effective assistance of counsel. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/ARWOOD2.OPN.WP6 JAMES J. BENSON,v. STATE OF TENNESSEE, Court:TCCA For the Appellant: For the Appellee: William M. Leech, Jr. Charles W. Burson William H. Farmer Attorney General of TN 511 Union Street and Nashville, TN 37219-1760 Amy L. Tarkington Asst Attorney General of TN 450 James Robertson Parkway Nashville, TN 37243-0493 Joseph D. Baugh, Jr. District Attorney General Williamson County Courthouse P.O. Box 937 Franklin, TN 37065-0937 Judge: Joseph M. Tipton First Paragraph: The petitioner, James J. Benson, appeals as of right from the Williamson County Circuit Court's denial of post-conviction relief. He is presently in the custody of the Department of Correction, serving as a Range II, multiple offender, an effective sentence of one hundred and twenty-eight years for convictions of two counts of aggravated kidnaping and one count each of armed robbery, conspiracy, and accessory before the fact to armed robbery, receiving a sentence of sixty years for each of the crimes except the conspiracy, for which he received a sentence of eight years. The convictions and sentences were affirmed on direct appeal on September 7, 1987, and reaffirmed on a petition to rehear on February 16, 1990. State v. Bobby Mitchell, Richard Cook, and James Benson, Williamson County, No. 87-185-III (Tenn. Crim. App. Sept. 27, 1989), app. denied, (Tenn. April 2, 1990). URL:http://www.tba.org/tba_files/TCCA/BENSONJ.OPN.WP6 STATE OF TENNESSEE, v.TERRANCE FRANKLIN, a/k/a "BUBBA" Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: DAVID DOYLE CHARLES W. BURSON Public Defender Attorney General & Reporter PAMELA E. BECK CLINTON J. MORGAN Asst. Public Defender Counsel for the State 117 East Main St. 450 James Robertson Pkwy. Gallatin, TN 37066 Nashville, TN 37243-0493 DENT MORRISS Asst. District Attorney General (By Special Designation) 500 S. Main St. Springfield, TN 37172 Judge: JOHN H. PEAY First Paragraph: The defendant was indicted for attempted first-degree murder with a deadly weapon. He pled guilty to aggravated assault, a class C felony, and after a hearing was sentenced to six years in the Tennessee Department of Correction. This was the maximum sentence available for a Range I standard offender. T.C.A. S 40-35-112(a)(3) (1990 Repl.). The defendant now appeals as of right, alleging that the sentencing court misapplied enhancing factors, failed to apply mitigating factors, erred by refusing to grant him an alternative sentence, and erred by continuing the determination of restitution to a later hearing. Finding no error, we affirm the sentence set by the court below. URL:http://www.tba.org/tba_files/TCCA/FRANKLNT.OPN.WP6 STATE OF TENNESSEE, v. MICHAEL GENTRY, Court:TCCA For Appellant: For Appellee: Ernest W. Williams and Charles W. Burson J. Russell Heldman Attorney General & Reporter Attorneys at Law 320 Main Street, Suite 101 Elizabeth T. Ryan Franklin, TN 37064 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Joseph D. Baugh District Attorney General P.O. Box 937 Franklin, TN 37065-0937 Ronald L. Davis Assistant District Attorney General P.O. Box 937 Franklin, TN 37065-0937 Judge: GARY R. WADE First Paragraph: The defendant, Michael Gentry, entered a plea of guilt to one count of official misconduct. Tenn. Code Ann. S 39-16-402(a)(5). Pursuant to a plea agreement, the trial court imposed a Range I sentence of two years and granted probation but denied the defendant's request for judicial diversion. Tenn. Code Ann. S 40-35-313; State v. Dishman, 915 S.W.2d 458 (Tenn. Crim. App. 1995). In this appeal, the defendant claims that the trial court abused its discretion by refusing to grant judicial diversion; he also insists that the district attorney general was guilty of prosecutorial vindictiveness. URL:http://www.tba.org/tba_files/TCCA/GENTRYM.OPN.WP6 STATE OF TENNESSEE, v. MARIO A. LAVENDER and ERIC L. HOBBS, Court:TCCA FOR THE APPELLANTS: FOR THE APPELLEE: FOR LAVENDER: Charles W. Burson Attorney General & Reporter Deanna C. Bell 500 Charlotte Avenue Attorney at Law Nashville, TN 37243-0497 211 Third Avenue, North Nashville, TN 37201 Darian B. Taylor Assistant Attorney General FOR HOBBS: 450 James Robertson Parkway Nashville, TN 37243-0493 Jeffrey A. DeVasher Assistant Public Defender Victor S. Johnson, III 211 Union Street, Suite 1202 District Attorney General Nashville, TN 37201-5066 222 Second Avenue, South (Appeal Only) Nashville, TN 37201-1649 Joan A. Lawson Nicholas D. Bailey Assistant Public Defender Assistant District Attorney General 211 Union Street, Suite 1202 222 Second Avenue, South Nashville, TN 37201-5066 Nashville, TN 37201-1649 (Trial Only) Charles Carpenter OF COUNSEL: Assistant District Attorney General 222 Second Avenue, South Karl Dean Nashville, TN 37201-1649 Metropolitan Public Defender 211 Union Street Nashville, TN 37201-5066 Judge: Joe B. Jones First Paragraph: The appellants, Mario A. Lavender and Eric Hobbs, were found guilty of two counts of robbery, a Class C felony, and one count of theft over $1,000, a Class D felony, by a jury of their peers. The trial court found that Lavender was a standard offender and imposed Range I sentences as follows: (1) count 1, robbery, confinement for six (6) years in the Department of Correction, (2) count 2, robbery, confinement for six (6) years in the Department of Correction, and (3) count 4, theft, confinement for four (4) years in the Department of Correction. The trial court found that Hobbs was a multiple offender and imposed the following Range II sentences: (1) count 1, robbery, confinement for ten (10) years in the Department of Correction, (2) count 2, robbery, confinement for ten (10) years in the Department of Correction, and (3) count 4, theft, confinement for four (4) years in the Department of Correction. The trial court ordered that the sentences are to be served consecutively. The effective sentence for Lavender is sixteen (16) years, and the effective sentence for Hobbs is twenty-four (24) years. In this Court, both Lavender and Hobbs contend that the sentences imposed by the trial court are excessive. Hobbs also contends that the trial court committed error of prejudicial dimensions by (a) denying his motion to suppress a statement he made to police and (b) denying his motion in limine, which sought to deny the State of Tennessee the right to use his prior convictions to impeach him if he opted to testify. After a thorough review of the record, the briefs submitted by the parties, and the law applicable to the issues presented for review, it is the opinion of this Court that the judgment of the trial court should be affirmed. URL:http://www.tba.org/tba_files/TCCA/LAVENDER.OPN.WP6 RONALD E. THOMAS, v. STATE OF TENNESSEE, Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: J. ROBERT HAMILTON CHARLES W. BURSON 225 East Market Street Attorney General and Reporter Lebanon, TN 37087 EUGENE J. HONEA Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 TOM. P. THOMPSON, JR. District Attorney General ROBERT HIBBETT Assistant District Attorney General 111 Cherry Street Lebanon, TN 37087 Judge: DAVID H. WELLES First Paragraph: The Petitioner appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure from the trial court's denial of his petition for post conviction relief. The Petitioner pleaded guilty to five counts of aggravated child abuse on December 6, 1991. In accordance with the plea agreement, he was sentenced to eight (8) years on each count as a Range I Standard Offender, with the sentences to run consecutively. In this appeal, the Petitioner contends that he was denied effective assistance of counsel at the guilty plea hearing. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/THOMASRE.OPN.WP6 ALFONZO TOWNSEND, v. STATE OF TENNESSEE Court:TCCA For Appellant: For Appellee: Roger K. Smith, Attorney Charles W. Burson 104 Woodmont Boulevard Attorney General & Reporter Suite 115 Nashville, TN 37205 Janis L. Turner Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493 Roe Ellen Coleman and Deb U. Smith Assistant District Attorneys General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201 Judge: GARY R. WADE First Paragraph: The petitioner, Alfonzo Townsend, appeals the trial court's denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel. URL:http://www.tba.org/tba_files/TCCA/TOWNSEND.OPN.WP6 ERIC RUSSELL WILSON, v. STATE OF TENNESSEE Court:TCCA For Appellant: For Appellee: Anthony A. Adgent Charles W. Burson and Attorney General & Reporter Lionel R. Barrett, Jr. Attorneys at Law Michael J. Fahey, II Washington Square Two Assistant Attorney General Suite 417 450 James Robertson Parkway 222 Second Avenue North Nashville, TN 37243-0493 Nashville, TN 37201 Roger D. Moore Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge: GARY R. WADE First Paragraph: The petitioner, Eric R. Wilson, appeals the trial court's denial of his petition for post-conviction relief. The single issue presented for review is whether the petitioner was denied the effective assistance of counsel at trial. URL:http://www.tba.org/tba_files/TCCA/WILSONE.OPN.WP6
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