TBALink Opinion-Flash

November 18, 1996 -- Volume #2 -- Number #103

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.

This Issue IN THIS ORDER:
01-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
02-New Opinons From TCCA

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George Dean
TBALink Chief Editor


STATE OF TENNESSEE  v. OVID C. ABRAMS

Court:TSC

For Appellant:          For Appellee:

RON E. HARMON           CHARLES W. BURSON
Savannah, TN            Attorney General and Reporter

                        MICHAEL E. MOORE
                        Solicitor General

                        GORDON W. SMITH
                        Associate Solicitor General
                        Nashville, TN

                        JOHN W. OVERTON, JR.
                        Assistant District Attorney
                        Savannah, TN
                    
Judge: BIRCH

First Paragraph:

Ovid C. Abrams, the defendant, appeals the judgment of the Court of
Criminal Appeals affirming his first-degree murder conviction.  The
State did not seek the death penalty, and Abrams received a sentence
of life imprisonment.  In his appeal, Abrams contends that the
evidence adduced against him was insufficient to establish the
elements of premeditation and deliberation necessary to sustain a
conviction of first-degree murder.  We affirm.

URL:http://www.tba.org/tba_files/TSC/ABRAMSO.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. TIMOTHY JENKINS, 

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                Darian B. Taylor
Savannah, TN 38372          Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            Mike Bottoms
                            District Attorney General

                            Robert C. Sanders
                            Asst. Dist. Attorney General
                            P.O. Box 459
                            Lawrenceburg, TN 38464
                        
Judge: PAUL G. SUMMERS

First Paragraph:

The appellant, Timothy Jenkins, was convicted of attempted second
degree murder.  He was sentenced to twelve years incarceration and
fined $25,000.00.  He raises five issues on appeal and argues: 1.  The
trial court erred in not allowing state of mind evidence; 2.  The
evidence was insufficient to support his conviction; 3.  The trial
judge failed to properly perform his duty as thirteenth juror; 4.  His
sentence was excessive; and 5.  His fine was excessive. We affirm.

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

STATE OF TENNESSEE, v. JOHN L. SMITH,

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:

Lionel R. Barrett, Jr.              Charles W. Burson
Washington Square Two, Ste 417      Attorney General and Reporter
222 Second Avenue, North            450 James Robertson Parkway
Nashville, Tennessee 37201          Nashville, Tennessee 37243-0493

                                    Karen M. Yacuzzo
                                    Assistant Atty. Gen. & Reporter
                                    450 James Robertson Parkway
                                    Nashville, Tennessee 37243-0493

                                    Victor S. Johnson, III
                                    District Attorney General
                                    Washington Square, Ste 500
                                    222 Second Avenue, North
                                    Nashville, Tennessee 37201-1649
                            
                                    Mary Hausman
                                    Asst District Attorney General
                                    Washington Square, Ste 500
                                    222 Second Avenue, North
                        
Judge: William M. Barker

First Paragraph:

This is the appellant's second appeal as of right to this Court
following his convictions in the Davidson County Criminal Court for
three (3) counts of aggravated robbery, one (1) count of aggravated
assault, and two (2) counts of attempted second degree murder.  In his
original appeal, the appellant challenged the sufficiency of the
evidence to support his convictions, the length of his sentences, and
the consecutive nature of the sentencing ordered by the trial court. 
In that appeal, this Court sustained the convictions and the length of
the sentences ordered by the trial court.  However, a majority of the
panel hearing appellant's first appeal was of the opinion that the
trial court failed to place upon the record sufficient facts and
reasons for ordering consecutive sentencing.  Accordingly, the matter
was remanded to the trial court for a new sentencing hearing limited
in scope to the issue of consecutive sentencing.

URL:http://www.tba.org/tba_files/TCCA/SMITHJL.OPN.WP6

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