TBALink Opinion-Flash

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 : 3

New Opinons From AG : Pending

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Jim Moore
TBALink Co-Chief Editor

STATE OF TENNESSEE, v. HUEY MATTHEW MOONEY, III,

Court:TCCA

For the Appellant:              For the Appellee:

Robert J. Lowe, Jr.             Charles W. Burson
121 Court Avenue                Attorney General of TN
Sevierville, TN 37862               and
(AT TRIAL AND ON APPEAL)        Christina S. Shevalier
                                Asst Attorney General of TN
Donna J. Orr                    450 James Robertson Parkway     
121 Court Avenue                Nashville, TN 37243-0493
Sevierville, TN 37862
(ON APPEAL)                     Alfred C. Schmutzer, Jr.
                                District Attorney General
                                and
                                Steven R. Hawkins
                                Asst District AG
                      
First Paragraph:

The defendant, Huey Matthew Mooney, III, appeals his
convictions for aggravated assault and driving on a
suspended license.  For his aggravated assault conviction,
the defendant was sentenced as a Range I offender to the
Department of Correction for six years, and for his
suspended license conviction, he received a concurrent jail
sentence of six months.

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


KEVIN MOTEN, v. STATE OF TENNESSEE,

Court:TCCA

For the Appellant:              For the Appellee:

Michael L. Acuff                Charles W. Burson
3529 Brainerd Road, Suite 2     Attorney General / Reporter
Chattanooga, TN  37411  
                                Clinton J. Morgan
                                Assistant Attorney General                          
                        
                                William H. Cox III
                                District Attorney General

                                C. Leland Davis
                                David Denny
                                Asst. District AG
                
First Paragraph:

The appellant, Kevin Moten, appeals the dismissal of his
petition for post-conviction relief.  The appellant is
currently incarcerated in the Department of Correction
pursuant to his pleas of guilty in the Criminal Court of
Hamilton County to first degree murder and especially
aggravated robbery.  The appellant presents the following
two issues for our consideration: He contends that, at the
guilty plea hearing, the trial court failed to adequately
determine under Boykin v. Alabama, 395 U.S. 238, 89 S.Ct.
1709 (1969), State v. Mackey, 553 S.W.2d 337 (1977), and
Tenn. R. Crim. P. 11(c) that the appellant understood his
constitutional rights and the consequences of his guilty
pleas.  Specifically, the appellant asserts that the trial
court did not ascertain that the appellant understood his
privilege against compulsory self-incrimination. 

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


STATE OF TENNESSEE, v. BILLY PAUL MOTTERN,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

STEVE FANDUZZ                   CHARLES W. BURSON
(At Trial)                      Attorney General & Reporter

STEVE JOHNSON                   ELIZABETH T. RYAN
1113 Sunset Dr.                 Asst. Attorney General
Johnson City, TN  37601         450 James Robertson Pkwy.
(At Sentencing and              Nashville, TN  37243-0493
 New Trial Motion)
                                DAVID CROCKETT
JACK D. HODGES                  District AG
205 West Walnut St.
Johnson City, TN  37604         KENT GARLAND
(On Appeal)                     Asst. District AG
                                P. O. Box 38
                                Jonesborough, TN  37659     

First Paragraph:

The defendant was convicted at a jury trial of driving under
the influence of an intoxicant (DUI), third offense.  He
received a sentence of eleven months and twenty-nine days
and a fine of five thousand dollars ($5,000) for this
conviction.  In this appeal he contests only his conviction,
presenting three issues.  In his first issue he contends
that there was not "reasonable suspicion" for the officer to
make a traffic stop.  In his second issue he contends that
the evidence to support his conviction was insufficient, and
in his final issue he contends that the trial judge erred in
sending the court reporter on errands during the showing of
video evidence to the jury.  After a review of the record in
this cause, the judgment below is affirmed.

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

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