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TBALink Opinion-Flash
December 10, 1996 -- Volume #2 -- Number #113
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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STATE OF TENNESSEE VS. BRUCE COLE Court:TCCA FOR THE APPELLANT FOR THE APPELLEE Tom W. Crider Charles W. Burson District Public Defender Attorney General and Reporter 107 South Court Square 450 James Robertson Parkway Trenton, Tennessee 38382 Nashville, Tennessee 37243-0493 J. Diane Stouts Charlotte H. Rappuhn Assistant District Public Def Assistant Attorney General 107 South Court Square 450 James Robertson Parkway Trenton, Tennessee 38382 Nashville, Tennessee 37243-0493 Periann S. Howghton Clayburn L. Peeples Assistant District Public Def District Attorney General 107 South Court Square 109 East First Street Trenton, Tennessee 38382 Trenton, Tennessee 38382-1841 Gary G. Brown Assistant District Atty Gen 109 East First Street Trenton, Tennessee 38382-1841 Judge: BARKER First Paragraph: The Appellant, Bruce Cole, appeals as of right his sentences for five convictions of sale of a Schedule II controlled substance. The Appellant argues on appeal that the trial court erred when it enhanced his sentences and ordered them to be served consecutively. Following a careful review of the record on appeal, we remand the case to the trial court for a new sentencing hearing. URL:http://www.tba.org/tba_files/TCCA/COLEB_OPN.WP6
STATE OF TENNESSEE
vs.
CHARLES N. KILGORE
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Frederick M. Lance Charles W. Burson
Attorney at Law Attorney General and Reporter
804 W. Market Street
Johnson City, TN 37601 Elizabeth T. Ryan
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
David E. Crockett
District Attorney General
Joe C. Crumley, Jr.
Asst. District Attorney General
Post Office Box 38
1st Judicial District
Jonesboro, TN 37659
Judge: HAYES
First Paragraph:
The appellant, Charles N. Kilgore, appeals the sentences imposed by
the Washington County Criminal Court following revocation of his
community corrections sentence. After a review of the record, the
appellant's sentence of twelve years for assault with intent to commit
murder is affirmed; his sentence of seven years for shooting into an
occupied dwelling is modified to reflect a sentence of three years.
URL:http://www.tba.org/tba_files/TCCA/KILGOREC_OPN.WP6
STATE OF TENNESSEE
vs.
CHUCKEY R. KING
Court:TCCA
FOR THE APPELLEE: FOR THE APPELLANT:
Gary L. Anderson Charles W. Burson
University of Tennessee Attorney General and Reporter
Legal Clinic
1534 Cumberland Avenue Elizabeth T. Ryan
Knoxville, TN 37996-4070 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
AT TRIAL: Randall E. Nichols
Jerry Black District Attorney General
Attorney at Law
U.T. Legal Aid Clinic Leon Franks
1505 W. Cumberland Ave. Asst. District Attorney General
Knoxville, TN 37996-1805 City-State Building
Knoxville, TN 37902
Judge: HAYES
First Paragraph:
The State appeals, pursuant to Tenn. R. App. P. 3(c), the Knox County
Criminal Court's dismissal of an indictment charging the appellee,
Chuckey R. King, with one count of possession of cocaine with the
intent to sell and deliver, one count of possession of marijuana, one
count of possession of diazepam, and one count of possession of drug
paraphernalia. The State contends that the trial court erred in
ruling that the appellee's constitutional right against double
jeopardy was violated based upon the forfeiture to the State of his
Toyota Celica and $196.00 in currency. Specifically, the State argues
that the seizure and forfeiture of the appellee's personal property to
the State does not constitute "punishment" within the meaning of the
double jeopardy clauses of the United States Constitution or the
Constitution of the State of Tennessee. Consistent with the holdings
of the United States Supreme Court and courts of this state, we
reverse the trial court's dismissal of the indictment.
URL:http://www.tba.org/tba_files/TCCA/KINGCR_OPN.WP6
STATE OF TENNESSE
vs.
JACK JAY NORTH, JR.
Court:TCCA
For the Appellee: For the Appellant:
Gary L. Anderson Charles W. Burson
University of Tennessee Attorney General and Reporter
Legal Clinic
1534 Cumberland Avenue Elizabeth T. Ryan
Knoxville, TN 37996-4070 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
AT TRIAL: Randall E. Nichols
Jerry Black District Attorney General
Attorney at Law
U.T. Legal Aid Clinic Leon Franks
1505 W. Cumberland Ave. Asst. District Attorney General
Knoxville, TN 37996-1805 City-State Building
Knoxville, TN 37902
Judge: HAYES
First Paragraph:
The appellant, Jack J. North, Jr., appeals his conviction by a jury
for premeditated and deliberate first degree murder, entered by the
Circuit Court of Hardin County. The jury sentenced the appellant to
imprisonment for life without the possibility of parole. The
appellant raises before this court eight issues. After carefully
reviewing the record, we affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/NORTHJJ_OPN.WP6
ROBERT O'DELL
VS.
STATE OF TENNESSEE
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
SUSANNA LAWS THOMAS CHARLES W. BURSON
Assistant Public Defender Attorney General and Reporter
102 Mims Avenue
Newport, TN 37821 TIMOTHY F. BEHAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
AL SCHMUTZER, JR.
District Attorney General
JAMES B. DUNN
Assistant District Attorney General
339A East Main Street
Newport, TN 37821
Judge: WELLES
First Paragraph:
The Defendant, Robert O'Dell, appeals as of right from the trial
court's denial of post-conviction relief from a conviction based upon
a guilty plea. The Defendant pled guilty to one count of theft over
ten-thousand dollars ($10,000). In this appeal, he argues that he was
denied the effective assistance of counsel. We affirm the judgment of
the trial court.
URL:http://www.tba.org/tba_files/TCCA/O'DELLR_OPN.WP6
STATE OF TENNESSEE
VS.
ROSS ROGERS
Court:TCCA
For the Appellant: For the Appellee:
Howard G. Swafford Charles W. Burson
32 Courthouse Square Attorney General and Reporter
Jasper, TN 37347 450 James Robertson Parkway
Nashville, TN 37243-0493
Hunt S. Brown
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Charles E. Hawk
District Attorney General
Roger Delp
Assistant District Attorney
P.O. Box 703
Kingston, TN 37763
Judge: BARKER
First Paragraph:
The appellant, Ross Rogers, appeals from the judgment of the Meigs
County Criminal Court affirming the district attorney's refusal to
grant him pretrial diversion. In its affirmance, the trial court
granted permission for appellant to pursue an interlocutory appeal to
this Court. Pursuant to Rule 9 of the Tennessee Rules of Appellate
Procedure, we granted his request to appeal.
URL:http://www.tba.org/tba_files/TCCA/ROGERSR_OPN.WP6
STATE OF TENNESSEE
vs.
MICHAEL STREITZ
Court:TCCA
For the Appellant: For the Appellee:
F. D. Gibson Charles W. Burson
Attorney at Law Attorney General and Reporter
116 E. Harper
Maryville, TN 7804 Michael J. Fahey, II
Assistant Attorney General Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Michael L. Flynn
District Attorney General
Philip H. Morton
Asst. District Attorney General
363 Court Street
Maryville, TN 37804-5906
Judge: HAYES
First Paragraph:
The appellant, Michael Streitz, was indicted by a Blount County Grand
Jury for one count of theft of property over $1000. Subsequently, a
jury found the appellant guilty as charged, and the trial court
sentenced the appellant to six years incarceration as a multiple
offender. The appellant now challenges this conviction for three
reasons. First, he contends that the trial court erred in failing to
dismiss the indictment for a violation of Tenn. R. Crim. P. Rule 8
(a). Second, he argues that the evidence is insufficient to support a
conviction for theft of property over $1000. Third, the appellant
alleges that the court imposed an excessive sentence. After review of
the record and the briefs submitted by both parties, we conclude that
the appellant's contentions are meritless. The judgment of the trial
court is affirmed.
URL:http://www.tba.org/tba_files/TCCA/STREITZ_OPN.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: