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TBALink Opinion-Flash
August 7, 1996 -- Volume #2 -- Number #71
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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- 00-New Opinons From TSC-Rules
- 01-New Opinons From TSC-Workers Comp Panel
- 01-New Opinons From TCA
- 24-New Opinons From TCCA
- 02-New Opinons From TSC
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SCARLETT LAY LOVE, v. COLLEGE LEVEL ASSESSMENT SERVICES, INC., and NURSING CAREERS, INC. Court:TSC For Plaintiff-Appellant: For Defendants-Appellees: Donald F. Paine Christopher Van Riper Andrew R. Tillman Stuart & Van Riper Carlyle Urello Clinton, Tennessee Paine, Swiney and Tarwater Knoxville, Tennessee Judge: DROWOTA, J. First Paragraph: J. The plaintiff, Scarlett Lay Love, appeals from the denial of her motion to dismiss, the motion being predicated upon the alleged failure of the defendants, College Level Career Services, Inc., and Nursing Careers, Inc., to perfect an appeal from the general sessions court to the circuit court within the ten-day period provided for in Tenn. Code Ann. 27-5-108. The sole issue for our determination is as follows: whether a facsimile (fax) transmission of a notice of appeal and appeal bond, sent by the defendants to the clerk of the general sessions court on the final day on which an appeal could be taken, is sufficient to perfect the appeal. For the following reasons, we conclude that the facsimile transmission was not sufficient to perfect the appeal; therefore, we reverse the judgment of the Court of Appeals. URL:http://www.tba.org/tba_files/TSC/LOVESCAR.OPN.WP6
NANCYE L. LUCIUS and RICHARD S. BURNS,v. CITY OF MEMPHIS,
Court:TSC
For Appellant Lucius: For Appellee:
John J. Heflin, III Monice Moore Hagler
BOURLAND, HELFIN, ALVAREZ, L. Kenneth McCown, Jr.
HOLLEY & MINOR Memphis, TN
Memphis, TN
For Appellant Burns:
Melanie M. Shuttleworth
SHUTTLEWORTH & WILKINSON
Memphis, TN
Judge: WHITE, J.
First Paragraph:
In this suit for personal injury and property damage, the Court must
decide whether municipalities are liable for post-judgment interest on
judgments rendered under the Governmental Tort Liability Act
(hereafter GTLA), Tenn. Code Ann. 29-20-101 et seq. (1980 Repl. &
1995 Supp.). For the reasons explained below, we hold that judgments
obtained pursuant to the GTLA accrue post-judgment interest. The
judgment of the Court of Appeals holding to the contrary is therefore
reversed and that of the trial court reinstated.
URL:http://www.tba.org/tba_files/TSC/LUCIUS.OPN.WP6
VICKIE LEE PATTERSON v. BTR DUNLOP, INC., d/b/a HUYCK-FORMEX
Court:TSC - Workers Comp Panel
For the Appellant: For the Appellee:
Robert Payne Cave Pamela L. Reeves
104 North College Street P.O. Box 131
Greeneville, TN 37743 Knoxville, TN 37901
Judge: GODDARD, Special Judge
First Paragraph:
The question presented by this appeal is whether the Trial Court was
in error in finding that Vickie Lee Patterson did not show by a
preponderance of the evidence that she had an "increase . . . of
incapacity" since a November 1991 workers' compensation judgment. The
earlier judgment was based upon a finding that as a result of carpal
tunnel syndrome Mrs. Patterson had sustained a 65 percent vocational
disability to her left arm and 45 percent to her right.
URL:http://www.tba.org/tba_files/TSC_WCP/PATTERSV.OPN.WP6
LISA GRIGGS,
v.
JAMES P. MIXON, JIMMY R. WORSHAM, GENE BARKSDALE, SHERIFF OF SHELBY
COUNTY, TENNESSEE, and SHELBY COUNTY, TENNESSEE,
Court:TCA
John M. Moore, Kirpatrick, Moore & Westbrook, of Memphis
For Plaintiff-Appellee
M. Dell Stiner, Assistant Shelby County Attorney
For Defendants-Appellants
Judge: W. FRANK CRAWFORD
First Paragraph:
This is a governmental tort liability case arising out of an
automobile collision. Defendants, James P. Mixon; Gene Barksdale,
Sheriff of Shelby County, Tennessee, and Shelby County, Tennessee,
appeal from the judgment of the trial court awarding plaintiff, Lisa
Griggs, damages for personal injury.
URL:http://www.tba.org/tba_files/TCA/GRIGGSL.OPN.WP6
FRANK DEWAYNE BASKERVILLE,v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
SHANA C. MCCOY-JOHNSON CHARLES W. BURSON
Senior Assistant Attorney General and Reporter
District Public Defender
P.O. Box 700 CLINTON J. MORGAN
Somerville, TN 38068 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
ELIZABETH RICE
District Attorney General
CHRISTOPHER MASHBURN
Assistant District Attorney General
302 Market Street
Somerville, TN 38068
Judge:DAVID H. WELLES, JUDGE
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 attempted second degree murder and possession of a deadly weapon in
the commission of a felony. He was sentenced as a Range I standard
offender to eight (8) years and one day for the attempted murder
conviction and to a concurrent sentence of one (1) year for the weapon
possession conviction. At the post-conviction hearing, the trial
judge denied the petitioner's claim of ineffective assistance of
counsel at his guilty plea. We affirm the judgment of the trial
court.
URL:http://www.tba.org/tba_files/TCCA/BASKRVIL.OPN.WP6
STATE OF TENNESSEE,v. DAVID BINION,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Jan R. Patterson Charles W. Burson
225 West Baltimore, Suite B Attorney General & Reporter
Jackson, TN 38301
(On Appeal) William David Bridgers
Assistant Attorney
General George Morton Googe Criminal Justice Division
District Public Defender 450 James Robertson Parkway
227 West Baltimore Nashville, TN 37243-0493
Jackson, TN 38301
(At Trial and Of Counsel Jerry Woodall On
Appeal) District Attorney General
Don Allen
Asst. Dist. Attorney General
P.O. Box 2825 Jackson, TN 38302
Judge: PAUL G. SUMMERS
First Paragraph:
The appellant, David Binion, was convicted by a jury on one count each
of attempt to commit aggravated rape, aggravated sexual battery,
especially aggravated kidnapping, and possession of a deadly weapon
with the intent to employ it in the commission of a felony.
Approximately two weeks later, by agreement of the parties, the
conviction for possession of a deadly weapon was dismissed. Sentenced
as a Range II offender, the appellant received concurrent twenty-year
sentences in the attempt to commit aggravated rape and aggravated
sexual battery convictions. Just over two months later, the trial
court dismissed the especially aggravated kidnapping conviction.
URL:http://www.tba.org/tba_files/TCCA/BINION.OPN.WP6
STATE OF TENNESSEE, v. TERRY BOWEN, w/CONCURRING OPINION
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Bill R. Barron Charles W. Burson
J. Mark Johnson Attorney General & Reporter
124 East Court Square 450 James Robertson Parkway
Trenton, TN 38382 Nashville, TN 37243-0493
(Appeal Only)
Ruth A. Thompson
Robert L. Marlow Assistant Attorney General
Assistant Public Defender 450 James Robertson Parkway
P.O. Box 1119 Nashville, TN 37243-0493
Fayetteville, TN 37334
W. Michael McCown
District Attorney General
OF COUNSEL: P.O. Box 904
Fayetteville, TN 37334
John H. Dickey
District Public Defender Gary M. Jones
P.O. Box 1119 Asst. District Attorney General
Fayetteville, TN 37334 Bedford County Courthouse
Shelbyville, TN 37160
Judge: Joe B. Jones
First Paragraph:
The appellant, Terry Bowen, was convicted of theft over $1,000, a
Class D felony, by a jury of his peers. The trial court found that
the appellant was a multiple offender and imposed a Range II sentence
consisting of confinement for eight (8) years in the Department of
Correction. This sentence is to be served consecutively with the
sentences imposed in three prior cases.
URL:http://www.tba.org/tba_files/TCCA/BOWENTER.OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/BOWENTER.CON.WP6
STATE OF TENNESSEE, v. DAMON W. BYRD,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES WEATHERLY, JR. CHARLES W. BURSON
Third National Finance Center Attorney General and Reporter
22nd Floor, 424 Church St.
Nashville, TN 37219 CHRISTINA SHEVALIER
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
VICTOR S. JOHNSON
District Attorney General
THOMAS F. JACKSON, JR.
Assistant District Attorney
Judicial Building, Ste. 303
Murfreesboro, TN 37130
Judge: JERRY L. SMITH
First Paragraph:
The Davidson County Grand Jury indicted Appellant Damon Byrd on two
counts of assault and two counts of sexual battery. Appellant entered
a plea of not guilty and requested pretrial diversion of the offenses.
In this interlocutory appeal pursuant to Tennessee Rule of Appellate
Procedure 9, Appellant seeks review of the judgment of the Davidson
County Criminal Court affirming the district attorneys denial of
diversion. Appellant alleges that the district attorney abused his
discretion in denying the request for diversion.
URL:http://www.tba.org/tba_files/TCCA/BYRDDAM.OPN.WP6
STATE OF TENNESSEE,v. GREGORY RUSSELL CURTIS,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
DWAYNE D. MADDOX III CHARLES W. BURSON
105 East Main Street Attorney General and Reporter
P.O. Box 430
Huntingdon, TN 38344 MICHELLE L. LEHMANN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
ROBERT (GUS) RADFORD
District Attorney General
P.O. Box 686
Huntingdon, TN 38344
Judge: DAVID H. WELLES
First Paragraph:
This is an appeal as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure. The Defendant entered pleas of guilty
to two counts of selling marijuana and one count of selling cocaine.
The trial judge sentenced the Defendant as a Range I standard offender
to the minimum sentence of one year for each of the marijuana offenses
and to the minimum sentence of eight years for the cocaine offense.
The sentences were ordered to be served concurrently. One year was
ordered served in confinement with the balance to be served on
supervised probation. On appeal, the Defendant argues that the trial
court erred by not granting full probation or, in the alternative, a
community corrections sentence without any period of confinement. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/CURTISGR.OPN.WP6
STATE OF TENNESSEE,v. DEREK DENTON,
Court:TCCA
For the Appellant: For the Appellee:
Marvin E. Ballin Charles W. Burson
200 Jefferson Avenue Attorney General of Tennessee
Suite 1250 and
Memphis, TN 38103 Charlette Reed Chambers
Assistant Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
John W. Pierotti, Jr.
District Attorney General
and
James J. Challen
Assistant District Attorney General
201 Poplar Ave.
Memphis, TN 38103-1947
Judge: Joseph M. Tipton
First Paragraph:
The defendant, Derek C. Denton, appeals as of right from his
convictions by a jury in the Shelby County Criminal Court for
aggravated burglary and aggravated assault, Class C felonies, and
criminally negligent homicide, a Class E felony. As a Range I,
standard offender, he received six-year sentences and was fined
$10,000 for each of the aggravated burglary and aggravated assault
convictions and a two-year sentence and $2,500 fine for the criminally
negligent homicide conviction. The defendant was ordered to serve
each sentence consecutively, for an effective sentence of fourteen
years, in the local workhouse. The defendant presents the following
issues for our review: (1) whether the evidence was sufficient to
support the defendant's convictions; (2) whether the trial court
properly charged the jury on circumstantial evidence; (3) whether
the trial court properly charged the jury on the prosecution's burden
of proof; and (4) whether the defendant's sentence was excessive.
URL:http://www.tba.org/tba_files/TCCA/DENTOND.OPN.WP6
STATE OF TENNESSEE v. ALFRED D. FLOWERS,
Court:TCCA
Attorneys: N/A
Judge: JERRY L. SMITH
First Paragraph:
ORDER
Appellant Alfred D. Flowers appeals from the dismissal of his petition
for post-conviction relief filed in the Shelby County Criminal Court.
The record reflects that on June 24, 1992, Appellant entered a guilty
plea to second degree murder as well as to six counts of aggravated
robbery and one of criminal attempt for aggravated robbery. On
appeal, Appellant asserts that he received the ineffective assistance
of counsel in violation of the Sixth Amendment.
URL:http://www.tba.org/tba_files/TCCA/FLOWERSA.ORD.WP6
CHESTER RAY HALL, v. DAVID MILLS, WARDEN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
CHESTER RAY HALL, PRO SE CHARLES W. BURSON
Turney Center, Unit 4 Attorney General & Reporter
Route 1
Only, TN 37140-9709 CYRIL V. FRASER
Attorney for the State
450 James Robertson Pkwy.
Nashville, TN 37243-0493
JOE D. BAUGH
District Attorney General
RONALD DAVIS
Asst. District Attorney General
P. O. Box 937
Franklin, TN 37065
Judge: JOHN H. PEAY
First Paragraph:
The petitioner, an inmate with the Department of Correction, was
convicted on ten charges of armed robbery. He filed a petition for a
writ of habeas corpus pursuant to T.C.A. 29-21-101 in which he
claimed his convictions and sentences are void. The petition was
dismissed without an evidentiary hearing.
URL:http://www.tba.org/tba_files/TCCA/HALLCR.OPN.WP6
STATE OF TENNESSEE, v. CHARLES ROBERT HARMUTH,
Court:TCCA
For the Appellant: For the Appellee:
Timothy S. Priest Charles W. Burson
100 First Avenue, S.W. Attorney General of Tennessee
Winchester, TN 37398 and
Hunt S. Brown
Assistant Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
James Michael Taylor
District Attorney General
First American Bank Bldg.
Dayton, TN 37321
and
Steven M. Blount
Assistant District Attorney General
1 South Jefferson Street
Winchester, TN 37398
Judge: Joseph M. Tipton
First Paragraph:
The defendant, Charles Robert Harmuth, is before us in an
interlocutory appeal by permission, T.R.A.P. 9, from the order of the
Franklin County Circuit Court affirming the prosecuting attorneys
denial of his application for pretrial diversion. The sole issue for
our review is whether the trial court erred by affirming the denial.
URL:http://www.tba.org/tba_files/TCCA/HARMUTH.OPN.WP6
DONALD RAY HARRIS, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
JAN R. PATTERSON CHARLES W. BURSON
225 West Baltimore Suite B Attorney General and Reporter
Jackson, TN 38301
MICHELLE L. LEHMANN
GEORGE MORTON GOOGE Assistant Attorney General
District Public Defender for 450 James Robertson Parkway
the 26th Judicial District Nashville, TN 37243
227 West Baltimore
Jackson, TN 38301 JERRY WOODALL
District Attorney General
DONALD ALLEN
Assistant District Attorney
P. O. Box 2825
Jackson, TN 38302
Judge: JERRY L. SMITH
First Paragraph:
Appellant Donald Ray Harris appeals the trial courts denial of his
petition for post-conviction relief. On September 12, 1990, a Madison
County Circuit Court jury convicted Appellant of one count of
aggravated sexual battery. As a Range I standard offender, he
received a sentence of ten years in the Tennessee Department of
Correction. On December 31, 1991, this Court affirmed the judgment of
the trial court. On June 3, 1994, Appellant filed a petition for
post-conviction relief in the Madison County Circuit Court, alleging
that he received ineffective assistance of counsel in violation of his
Sixth Amendment rights. Following an evidentiary hearing, the trial
court denied his petition. In this appeal as of right, Appellant
presents the following issue: whether his trial counsel provided
effective assistance.
URL:http://www.tba.org/tba_files/TCCA/HARRISDR.OP.WP6
STATE OF TENNESSEE, v. GLENN WATSON JAMERSON,
Court:TCCA
For the Appellant: For the Appellee:
A. Russell Larson Charles W. Burson
211 East Main Street Attorney General and Reporter
Jackson, TN 38301
Robin L. Harris
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
James G. (Jerry) Woodall
District Attorney General
James W. Thompson
Asst. District Attorney General
P. O. Box 2825
Jackson, TN 38302
Judge: David G. Hayes
First Paragraph:
The appellant, Glenn Watson Jamerson, appeals, in essence, from the
trial courts denial of judicial diversion. The appellant, pursuant
to a plea agreement, pled guilty in the Madison County Circuit Court
to one count of possession of marijuana, a class E felony, two counts
of statutory rape, also class E felonies, and four counts of
contributing to the delinquency of a minor, class A misdemeanors. In
accordance with the plea agreement, the trial court imposed a sentence
of two years for each of the class E felonies and a sentence of 11
months and 29 days for each of the class A misdemeanors. The trial
court ordered that the appellant serve the sentences concurrently.
The court then suspended the sentences and placed the appellant on
supervised probation. At a subsequent hearing, prior to the entry of
the judgment of conviction, the court denied the appellants
application for post-plea expungement.
URL:http://www.tba.org/tba_files/TCCA/JAMERSON.OPN.WP6
STATE OF TENNESSEE, v. JACOB MEEKS,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIAM L. JOHNSON CHARLES W. BURSON
50 North Front Street Attorney General and Reporter
Suite 1150
Memphis, TN 38103 MARY ANNE QUEEN
Legal Assistant
CHRISTINA S. SHEVALIER
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
ELIZABETH RICE
District Attorney General
CHRISTOPHER MARSHBURN
Assistant District Attorney General
302 Market Street
Somerville, TN 38068
Judge: DAVID H. WELLES
First Paragraph:
The Defendant appeals as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure. He appeals from his conviction by jury
of hindering a secured creditor. The Defendant argues that the
evidence was insufficient to support his conviction. We affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/MEEKSJAC.OPN.WP6
STATE OF TENNESSEE, v. TERRY MOORE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
GEORGE MORTON GOOGE CHARLES W. BURSON
District Public Defender Attorney General and Reporter
PAMELA J. DREWERY ELLEN H. POLLACK
Assistant Public Defender Assistant Attorney General
227 W. Baltimore 450 James Robertson Parkway
Jackson, TN 38301 Nashville, TN 37243-0493
JERRY WOODALL
District Attorney General
DON ALLEN
District Attorney General
P.O. Box 2825
Jackson, TN 38302
Judge: DAVID H. WELLES
First Paragraph:
This is an appeal as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure. The Defendant appeals from an order of
the trial court revoking his probation and ordering him to serve his
entire two-year sentence in the Department of Correction. Because we
have determined that the issues presented on appeal are now moot, we
dismiss the appeal.
URL:http://www.tba.org/tba_files/TCCA/MOORETER.OPN.WP6
STATE OF TENNESSEE, v. REIKO NOLEN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Charles S. Kelly Charles W. Burson
802 Troy Avenue Attorney General & Reporter
Dyersburg, TN 38025
(On Appeal) Robin L. Harris
Assistant Attorney General
G. Stephen Davis Criminal Justice Division
District Public Defender 450 James Robertson Parkway
P.O. Box 742 Nashville, TN 37243-0493
Dyersburg, TN 38025-0742
(At Trial) C. Phillip Bivens
District Attorney General
Dyer County Courthouse
Dyersburg, TN 38024
Judge: PAUL R. SUMMERS
First Paragraph:
The appellant, Reiko Nolen, was convicted of especially aggravated
robbery and received a twenty-year sentence. In this appeal he claims
that: 1. He was denied the effective assistance of counsel,
2. The trial court erred in overruling his motion for a mistrial
when the victim made reference to the appellants prior criminal
history, 3. His sentence is excessive, and 4. The evidence is
insufficient to support the verdict.
URL:http://www.tba.org/tba_files/TCCA/NOLENR.OPN.WP6
WILLIAM HENRY PRESTON, v. BILLY COMPTON,
Court:TCCA
For the Appellant: For the Appellee:
William Henry Preston, Pro Se Charles W. Burson
Register Number 129292 Attorney General of Tennessee
Route 1, Box 330 and
Tiptonville, TN 38079-9775 Ellen H. Pollack
Assistant Attorney General of TN
450 James Robertson Parkway
Nashville, TN 37243-0493
C. Phillip Bivens
District Attorney General
P.O. Drawer E
Dyersburg, TN 38024
Judge: Joseph M. Tipton
First Paragraph:
The petitioner, William Henry Preston, appeals as of right from the
dismissal of his petition for writ of habeas corpus by the Circuit
Court for Lake County. The petitioner is presently serving a
forty-year sentence resulting from his 1989 conviction for aggravated
rape. The trial court dismissed the petition because it failed to
state grounds for relief. We agree.
URL:http://www.tba.org/tba_files/TCCA/PRESTON.OPN.WP6
STATE OF TENNESSEE, v. MARCUS KEITH ROBERTSON,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Hughie Ragan Charles W. Burson
Attorney at Law Attorney General & Reporter
Box 2641
Jackson, TN 38302 Roger A. Page
Assistant Attorney General
225 Martin Luther King, Jr. Drive
Jackson, TN 38301
James G. (Jerry) Woodall
District Attorney General
Don Allen
Asst. Dist. Attorney General
225 Martin Luther King, Jr. Drive
P. O. Box 2825
Jackson, TN 38302-2825
Judge: PAUL G. SUMMERS
First Paragraph:
The appellant, Marcus Keith Robertson, was convicted by a jury of
aggravated assault and received a four-year sentence. In this appeal
he raises the following issues: 1. Whether the trial court erred in
failing to instruct the jury on the lesser included offense of
assault; 2. Whether the indictment contained a fatal defect;
3. Whether trial counsel was ineffective; 4. Whether the trial
judge erred in allowing the prosecutor to cross examine the appellant
about prior arrests and convictions; and 5. Whether the trial court
erred in failing to give a limiting instruction as to the use of the
prior arrests and convictions.
URL:http://www.tba.org/tba_files/TCCA/ROBERTSM.OPN.WP6
STATE OF TENNESSEE, v. ALFRED SCOTT,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
GEORGE MORTON GOOGE CHARLES W. BURSON
District Public Defender Attorney General and Reporter
PAMELA J. DREWERY CHARLOTTE H. RAPPUHN
Assistant Public Defender Assistant Attorney General
227 W. Balitmore 450 James Robertson Parkway
Jackson, TN 38301 Nashville, TN 37243-0493
JERRY WOODALL
District Attorney General
DON ALLEN
Assistant District Attorney General
P.O. Box 2825
Jackson, TN 38302
Judge: DAVID H. WELLES
First Paragraph:
This is an appeal as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure. The Defendant appeals from an order of
the trial court revoking his probation and ordering him to serve his
two-year sentence in the Department of Correction. Because we have
determined that the sole issue presented on appeal is now moot, we
dismiss the appeal.
URL:http://www.tba.org/tba_files/TCCA/SCOTTALF.OPN.WP6
KENNETH M. SCOTT, v. STATE OF TENNESSEE,
Court:TCCA
For the Appellant: For the Appellee:
Christopher L. Nearn Charles W. Burson
100 North Main Building Attorney General of Tennessee
Memphis, TN 38103 and
Robin L. Harris
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
John W. Pierotti, Jr.
District Attorney General
and
Judson W. Phillips
Assistant District Attorney General
201 Poplar Avenue
Memphis, TN 38103-1947
Judge: Joseph M. Tipton
First Paragraph:
The petitioner, Kenneth M. Scott, appeals as of right from the Shelby
County Criminal Courts denial of post-conviction relief. The
petitioner was convicted in 1991 of theft of a motor vehicle valued at
more than ten thousand dollars and received a Range III, persistent
offender sentence of thirteen years in the Department of Correction.
The conviction and sentence were affirmed on appeal. State v. Kenneth
Scott, No. 02C01-9202-CR-00048, Shelby Co. (Tenn. Crim. App. Dec. 16,
1992), app. denied (Tenn. Mar. 22, 1993). In the present appeal, the
petitioner contends that the trial court erred (1) by finding that he
failed to show by a preponderance of the evidence that his trial
attorney rendered ineffective assistance and (2) by having the
petitioner removed from the proceeding after his testimony, but before
his trial attorney testified as a witness for the state.
URL:http://www.tba.org/tba_files/TCCA/SCOTTKM.OPN.WP6
STATE OF TENNESSEE, v. GRAPEL SIMPSON,
Court:TCCA
For Appellant: For Appellee:
Lloyd R. Tatum Charles W. Burson
Attorney Attorney General and Reporter
124 East Main Street
P.O. Box 293 William David Bridgers
Henderson, Tennessee 38340 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Elizabeth T. Rice
District Attorney General
Ed McDaniel
Asst. District Attorney General
Justice Complex
Selmer, Tennessee 38340
Judge: GARY R. WADE
First Paragraph:
The defendant, Grapel Simpson, pled guilty to possession of dilaudid,
a Schedule II drug, with intent to deliver and sell. She reserved the
right to appeal as a certified question of law the denial of both a
motion to dismiss, based upon a double jeopardy claim, and a motion to
suppress evidence. See Tenn. R. Crim. P. 11(e) and 37(b)(2). The
trial court imposed a Range I sentence of five (5) years, to be served
concurrently with any other sentences for drug-related charges pending
at the time of the defendants plea, and assessed a fine of $2,000.00.
URL:http://www.tba.org/tba_files/TCCA/SIMPSONG.OPN.WP6
STATE OF TENNESSEE, v. GRAPEL SIMPSON,
Court:TCCA
For Appellant: For Appellee:
Lloyd R. Tatum Charles W. Burson
Attorney Attorney General and Reporter
124 East Main Street
P.O. Box 293 William David Bridgers
Henderson, Tennessee 38340 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Elizabeth T. Rice
District Attorney General
Ed McDaniel
Asst. District Attorney General
Justice Complex
Selmer, Tennessee 38340
Judge: PAUL G. SUMMERS,
First Paragraph:
The appellee, Graple Simpson, was indicted for possession of a
schedule II narcotic with the intent to sell. Following a summary
administrative forfeiture, the appellee moved the trial court to
dismiss the criminal charge. She argued that the double jeopardy
clause prohibited further criminal prosecution. The trial judge
granted the appellee's motion and the state appealed. We reverse and
remand.
URL:http://www.tba.org/tba_files/TCCA/SIMPSONG.OP2.WP6
STATE OF TENNESSEE, v. BILLY RAY SMITHSON,
Court:TCCA
For the Appellant: For the Appellee:
John H. Henderson Charles W. Burson
District Public Defender Attorney General and Reporter
407 C. Main Street
Franklin, TN 37065-0068 William David Bridgers
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Joseph D. Baugh, Jr.
District Attorney General
Jeff Burks
Asst. District Attorney General
P. O. Box 937
Franklin, TN 37065-0937
Judge: David G. Hayes
First Paragraph:
The appellant, Billy Ray Smithson, appeals as of right from sentences
imposed by the Criminal Court of Williamson County. Pursuant to a
plea agreement, the appellant pled guilty to one count of theft of
property over $500, a class E felony; one count of theft of property
over $1000, a class D felony; and two counts of failure to appear,
class E felonies. The trial court effectively sentenced the
appellant, as a range II multiple offender, to twelve years
incarceration in the Department of Correction. The appellant now
appeals the trial court's sentencing decisions, contending that the
court's sentence for each offense was excessive and that the court
erred in imposing consecutive sentences. For the reasons cited
herein, we remand this case for resentencing.
URL:http://www.tba.org/tba_files/TCCA/SMITHSON.OPN.WP6
STATE OF TENNESSEE, v. JOHN V. WOODRUFF,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
MARK FISHBURN CHARLES W. BURSON
Attorney at Law Attorney General and Reporter
Nashville, TN 37201
CHRISTINA SHEVALIER
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
VICTOR S. JOHNSON
District Attorney General
THOMAS THURMAN
Assistant District Attorney
222 Second Avenue South
Nashville, TN 37201
Judge:JERRY L. SMITH
First Paragraph:
A Davidson County Criminal Court jury found Appellant John V. Woodruff
guilty of felony murder, especially aggravated robbery, especially
aggravated kidnapping, and first degree murder. Appellant received a
life sentence for each murder conviction and a twenty year sentence
for both the especially aggravated robbery conviction and the
especially aggravated kidnapping conviction. The life sentences were
ordered to run consecutive to each other, and the sentences for
robbery and kidnapping were ordered to run concurrent with each other
and with the life sentence for first degree murder. In this appeal as
of right, Appellant presents the following issues for review: (1)
whether the trial court erred in allowing the introduction of evidence
of sexual assault upon one of the victims; (2) whether the trial court
erred in denying a request for a jury instruction on the lesser
included offense of criminal attempt to commit especially aggravated
robbery; (3) whether the evidence presented at trial is legally
sufficient to sustain convictions for especially aggravated robbery
and first degree murder; and (4) whether the trial court erred in
ordering consecutive life sentences.
URL:http://www.tba.org/tba_files/TCCA/WOODRUFF.OPN.WP6
STATE OF TENNESSEE, v. SHANE WENDALL YANKEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Donald A. Bosch Charles W. Burson
Bosch, Silvey & Lusk Attorney General & Reporter
2000 First Tennessee Plaza 500 Charlotte Avenue
Knoxville, TN 37929 Nashville, TN 37243-0497
(On Appeal)
Darian B. Taylor
Herbert A. Holcomb Assistant Attorney General
101 Church Street 450 James Robertson Parkway
Rogersville, TN 37857 Nashville, TN 37243-0493
(At Trial)
H. Greeley Wells, Jr.
District Attorney General Pro Tem
P. O. Box 526
Blountville, TN 37617-0526
John Douglas Godbee
Assistant District Attorney General
Hawkins County Courthouse
Rogersville, TN 37857
Judge: JOE B. JONES
First Paragraph:
The appellant, Shane Wendall Yankee, was convicted of vehicular
homicide, a Class C felony, and leaving the scene of an accident
involving death, a Class E felony, by a jury of his peers. The trial
court found that the appellant was a standard offender and imposed
Range I sentences consisting of a fine of $10,000 and confinement for
six (6) years in the Department of Correction for vehicular homicide,
and a fine of $3,000 and confinement for two (2) years in the
Department of Correction for leaving the scene of an accident
involving death. Three issues are presented for review: the
appellant contends that the trial court committed error of prejudicial
dimensions by (a) admitting photographs that were prejudicial, (b)
excluding testimony regarding law enforcement's policy on high speed
chases, and (c) imposing excessive sentences and refusing to sentence
him to an alternative sentence. After a thorough review of the
record, the briefs of the parties, and the authorities governing these
issues, it is the opinion of this Court that the appellant's
convictions and sentences should be affirmed.
URL:http://www.tba.org/tba_files/TCCA/YANKEE.OPN.WP6
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