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TBALink Opinion-Flash
November 12, 1996 -- Volume #2 -- Number #100
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.
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- 03-New Opinons From TSC
- 01-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 01-New Opinons From TCA
- 08-New Opinons From TCCA
- 03-New Opinons From TSC
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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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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: