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TBALink Opinion-Flash
October 03, 1996 -- Volume #2 -- Number #84
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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WILLIAM J. CHASE, JR., As Administrator C.T.A. of the Estate of BETTY LOU STIDHAM, Deceased, v. THE CITY OF MEMPHIS, Court:TCA John J. Heflin III, Bourland, Heflin, Alvarez, Holley & Minor, PLC, of Memphis For Plaintiff-Appellee Monice Moore Hagler, City Attorney Robert M. Fargarson, Assistant City Attorney Martin W. Zummach For Defendant-Appellant Judge:W. FRANK CRAWFORD First Paragraph: This appeal involves a suit for wrongful death based on negligence under the Tennessee Governmental Tort Liability Act, T.C.A. 29-20-101 et seq. (1980) and for wrongful death based on the creation of a special relationship and a nuisance. Defendant, the City of Memphis, appeals from the trial courts judgment in favor of plaintiff, William J. Chase, as Administrator C.T.A. of the Estate of Betty Lou Stidham. The trial court, sitting without a jury, found that plaintiffs damages totaled $1,897,713.03, and that the Citys negligence caused 40 percent of those damages. However, because of the application of the Tennessee Governmental Tort Liability Act (hereinafter the Act), the court limited plaintiffs recovery to $130,000.00, and entered a judgment in that amount. URL:http://www.tba.org/tba_files/TCA/Chasewil.opn.WP6
BERTHA L. PATE,
v.
SERVICE MERCHANDISE CO., INC., MICHAEL THOMAS, MANAGER, LISA DUNCAN,
VELMA WILSON,
Court:TCA
George E. Skouteris, Sr., of Memphis
John W. Leach of Memphis
For Appellant
Gail O. Mathes of Memphis
For Appellees
Judge: W. FRANK CRAWFORD
First Paragraph:
This is a defamation case. Plaintiff, Brenda L. Pate, appeals from
the order of the trial court granting summary judgment to defendants,
Service Merchandise, Co., Inc., Michael Thomas, Lisa Duncan, and Velma
Wilson. The sole issue is whether the trial court erred in granting
the defendants motion for summary judgment.
URL:http://www.tba.org/tba_files/TCA/Pateb.opn.WP6
STATE OF TENNESSEE, v. MICHAEL RALPH ALFORD,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
David L. Hamblen Charles W. Burson
Attorney at Law Attorney General & Reporter
303 West Church Street
Union City, TN 38261 Charlotte Rappuhn
Assistant Attorney General
At Trial: 450 James Robertson Parkway
Jesse Hill Ford, III Nashville, TN 37243
Attorney at Law
111 West Main Street Jerry Woodall
Jackson, TN 38301 District Attorney General
Donald H. Allen
Asst. Dist. Attorney General
P.O. Box 2825
Jackson, TN 38302
Judge: PAUL G. SUMMERS
First Paragraph:
The appellant, Michael Ralph Alford, was convicted by a jury of
aggravated assault by reckless conduct. Sentenced as a Range I
offender, the appellant received a four-year sentence with all but
sixty days suspended. In addition, he was ordered to perform two
hundred hours of community service and to pay restitution of $4,791.01
to the victim and $68,589.09 to the victims health insurance
provider.
URL:http://www.tba.org/tba_files/TCCA/ALFORD.OPN.WP6
STATE OF TENNESSEE, v. DOCK BATTLES,
Court:TCCA
For the Appellant: For the Appellee:
Dock Battles, Pro Se Charles W. Burson
3037 Dearing Attorney General of Tennessee
Memphis, TN 38118 and
Clinton J. Morgan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
John W. Pierotti
District Attorney General
and
James C. Beasley, Jr.
Assistant District Attorney General
201 Poplar Avenue
Memphis, TN 38103-1947
Judge: Joseph M. Tipton
First Paragraph:
The defendant, Dock Battles, appeals as of right from his conviction
for possession of cocaine with the intent to deliver, a Class B
felony. He received a ten year sentence in the Department of
Correction as a Range one standard offender. The defendant presents
the following issues for our review: (1) whether the trial court
erred in admitting evidence tainted by an unlawful arrest; (2)
whether the defendant was denied the effective assistance of counsel
during a suppression hearing; (3) whether the trial court erred in
denying the defendant's request for a hearing pursuant to Franks v.
Delaware, 438 U.S. 154, 98 S. Ct. 2674 (1978); (4) whether the trial
court should have required the prosecution to disclose the identity of
a confidential informant and whether the defendant was denied the
right to confrontation at the suppression hearing; (5) whether the
trial court erred in denying the defendant's motion for an
investigator; (6) whether the defendant was subjected to double
jeopardy; (7) whether the trial court erred in failing to instruct
on lesser included offenses; (8) whether the prosecutor's closing
argument was improper; (9) whether there was sufficient evidence of
the amount of cocaine; (10) whether the trial court erred in allowing
a law enforcement officer to testify as to the street value of
cocaine; (11) whether the defendant was denied effective appellate
review; and (12) whether the trial court erred in sentencing the
defendant as a Class B felon;
URL:http://www.tba.org/tba_files/TCCA/battldo.opn.WP6
STATE OF TENNESSEE, v. KEVIN SHAWN CAMPBELL,
Court:TCCA
For the Appellant: For the Appellee:
Barton F. Robison Charles W. Burson
104 W. Washington St. Attorney General of Tennessee
Paris, TN 38242 and
Michael J. Fahey, II
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
G. Robert Radford
District Attorney General
111 S. Paris St.
P.O. Box 686
Huntingdon, TN 38344
Judge: Joseph M. Tipton
First Paragraph:
The defendant, Kevin Shawn Campbell, was convicted upon pleas of
guilty in the Henry County Circuit Court for burglary, a Class D
felony, and theft of property valued at under one thousand dollars, a
Class E felony. He was sentenced as a Range I, standard offender to
two years for the burglary and one year for the theft to be served
concurrent with one another. He was also ordered to pay a total of
$1,467.00 in restitution. His sentences are to be suspended and
supervised probation imposed after the service of ninety days in the
county jail. In this appeal as of right, the defendant contends that
the trial court erred in denying him either a two-year community
corrections sentence or full probation. We disagree.
URL:http://www.tba.org/tba_files/TCCA/campshaw.opn.WP6
STATE OF TENNESSEE, v. DAVID CLIFF,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
D. Tyler Kelly Charles W. Burson
Hardee, Martin & Jaynes Attorney General & Reporter
213 East Lafayette Street 450 James Robertson Parkway
Jackson, TN 38301 Nashville, TN 37243-0497
(On Appeal)
Robin L. Harris
G. Stephen Davis Assistant Attorney General
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
P. O. Drawer E
Dyersburg, TN 38025-2005
Judge: Joe B. Jones
First Paragraph:
The appellant, David Cliff, was convicted of aggravated assault, a
Class C felony, by a jury of his peers. The trial court found that
the appellant was a persistent offender and imposed a Range III
sentence of confinement for fourteen (14) years in the Department of
Correction. In this Court, the appellant presents three issues for
review. He contends that the evidence is insufficient to support the
verdict of the jury, the sentence imposed by the trial court is
excessive, and the trial court erred in refusing to afford him an
evidentiary hearing on the issue of whether he was denied his
constitutional right to the effective assistance of counsel. After a
thorough review of the record, the briefs of the parties, and the
authorities that govern 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/cliffdav.opn.WP6
STATE OF TENNESSEE, v. LARRY CUNNINGHAM,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
C. Michael Robbins Charles W. Burson
Assistant Public Defender Attorney General & Reporter
P.O. Box 700 500 Charlotte Avenue
Somerville, TN 38068 Nashville, TN 37243-0497
OF COUNSEL: William David Bridgers
Assistant Attorney General
Gary F. Antrican 450 James Robertson Parkway
District Public Defender Nashville, TN 37243-0493
P.O. Box 700
Somerville, TN 38068 Elizabeth T. Rice
District Attorney General
302 Market Street
Somerville, TN 38068
Judge: Joe B. Jones
First Paragraph:
The appellant, Larry Cunningham, was convicted of possessing more than
.5 grams of cocaine with the intent to sell or deliver, a Class B
felony, upon his plea of guilty to the offense. The trial court found
that the appellant was a standard offender and imposed a Range I
sentence consisting of a $2,000 fine and confinement for eight (8)
years in the Department of Correction. The trial court permitted the
appellant to serve his sentence pursuant to the Tennessee Community
Corrections Act, Tenn. Code Ann. 40-36-101, et. seq. The appellant
was permitted to reserve a certified question of law that is
dispositive of the prosecution, namely, whether the trial court erred
in denying his motion to dismiss the indictment when the State of
Tennessee refused to honor its promise to dismiss the prosecution
after he assisted police in several drug cases. After a thorough
review of the record, the briefs of the parties, and the authorities
that control the issue, 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/cunnlary.o.WP6
STATE OF TENNESSEE, v. CHRIS FREEMAN,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
VANEDDA PRINCE CHARLES W. BURSON
P.O. Box 26 Attorney General & Reporter
Union City, TN 38281
(On Appeal) ELLEN H. POLLACK
Asst. Attorney General
WILLIAM L. JOHNSON 450 James Robertson Pkwy.
Suite 150, Morgan Keegan Tower Nashville, TN 37243-0493
50 North Front St.
Memphis, TN 38103 AMY EVERHART
(At Trial) Legal Assistant
Office of the Attorney General
THOMAS A. THOMAS
District Attorney General
27th Judicial District
P.O. Box 218
Union City, TN 38281
Judge: JOHN H. PEAY
First Paragraph:
The defendant was charged in the indictment with reckless
endangerment, unlawful possession of a weapon, and two counts of
attempted first degree murder. On August 23, 1995, he was convicted
at a jury trial of reckless endangerment, unlawful possession of a
weapon, and two counts of attempted second-degree murder. The trial
court sentenced the defendant to two consecutive fifteen year terms
for the two counts of attempted second-degree murder, a concurrent
three year term for reckless endangerment, and a concurrent three year
term for unlawful possession of a weapon. In this appeal as of right,
the defendant challenges the sufficiency of the convicting evidence,
the length of his sentences, and the trial courts imposition of
consecutive sentences for his attempted second-degree murder
convictions. We find that the defendants issues on appeal lack
merit, and his convictions and sentences are therefore affirmed.
URL:http://www.tba.org/tba_files/TCCA/Freex.opn.WP6
STATE OF TENNESSEE, v. PETER GUNN,
Court:TCCA
For the Appellant: For the Appellee:
AC Wharton Charles W. Burson
Public Defender Attorney General and Reporter
Walker Gwinn Michael E. Moore
Asst. Public Defender Solicitor General
201 Poplar Suite 2-10
Memphis, TN 38103 Carolyn Piphus
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
John W. Pierotti
District Attorney General
Amy Weirick
Asst. District Attorney General
201 Poplar Avenue
Memphis, TN 38103
Judge: David G. Hayes
First Paragraph:
The appellant, Peter Gunn, was found guilty by a jury of the unlawful
possession of cocaine with the intent to deliver, a class C felony.
The Criminal Court of Shelby County imposed a sentence of six years in
the county workhouse and a fine of $5,000. The appellant now appeals
his conviction contending that (1) the evidence is not sufficient to
sustain the jury's verdict and (2) the trial court erred by failing to
instruct the jury on the lesser offense of delivering a counterfeit
controlled substance.
URL:http://www.tba.org/tba_files/TCCA/GUNN.OPN.WP6
STATE OF TENNESSEE, v. JENNIFER ANN KING,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
A. Russell Larson Charles W. Burson
Attorney at Law Attorney General & Reporter
211 Main Street, East 450 James Robertson Parkway
Jackson, TN 38301 Nashville, TN 37243-0497
William D. Bridgers
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0497
James G. Woodall
District Attorney General
P.O. Box 2825
Jackson, TN 38302-2825
Lawrence E. Nicola
Assistant District Attorney General
P.O. Box 2825
Jackson, TN 38302-2825
Judge: Joe B. Jones
First Paragraph:
The appellant, Jennifer Ann King, entered pleas of guilty to the
offenses of vehicular homicide by intoxication, a Class C felony, and
contributing to the delinquency of a minor, a Class A misdemeanor.
The trial court imposed a Range I sentence consisting of a $1,000 fine
and confinement for six (6) years in the Department of Correction.
The appellant was sentenced to pay a fine of $250 and serve eleven
months and twenty-nine days for the offense of contributing to the
delinquency of a minor. The trial court ordered that the appellant
would be required to serve eleven months and twenty-nine days in the
Madison County Jail or Workhouse with the balance of the sentence for
vehicular homicide suspended. In this Court, the appellant contends
that the trial court improperly sentenced her and refused to suspended
the entire sentence. This Court is of the opinion that the judgment
of the trial court should be affirmed.
URL:http://www.tba.org/tba_files/TCCA/Kingja.opn.WP6
GEORGE L. McGHEE, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
W. Mark Ward Charles W. Burson
Attorney at Law Attorney General & Reporter
147 Jefferson Avenue 450 James Robertson Parkway
Memphis, TN 38103 Nashville, TN 37243-0497
William David Bridgers
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Judge: Joe B. Jones
First Paragraph:
The appellant, George L. McGhee, has filed an application for
permission to appeal pursuant to Tenn. Code Ann. 40-30-217(c). He
seeks relief from a judgment of the trial court dismissing his motion
to reopen a prior post-conviction suit. He asks this Court to grant
his application for permission to appeal, hear the matter on the
merits, and, if relief is granted, waive the notice of appeal
requirement. This Court finds that the trial court did not abuse its
discretion in denying the motion to reopen. The appellant failed to
state a ground that is cognizable, and the suit is barred by the
statute of limitations. Consequently, the application for permission
to appeal is denied.
URL:http://www.tba.org/tba_files/TCCA/Mcgheegr.opn.WP6
MICHAEL EUGENE SAMPLE,
v.
STATE OF TENNESSEE,
LARRY McKAY,
v.
STATE OF TENNESSEE,
Court:TCCA
For Appellant Sample: For the Appellee
David M. Eldridge Charles W. Burson
606 W. Main Ave. Attorney General & Reporter
P.O. Box 1126 450 James Robertson Parkway
Knoxville, TN 37902 Nashville, TN 37243-0493
Harry R. Reinhart John H. Baker, III
536 South High Street Asst. Attorney General & Reporter
Columbus, OH 43215-5605 450 James Robertson Parkway
Nashville, TN 37243-0493
For Appellant McKay:
Jacob M. Dickinson, IV John W. Pierotti
648 Poplar Ave. District Attorney General
Memphis, TN 38105-4512
Reginald R. Henderson
David C. Stebbins Asst. District Attorney General
8 East Long Street 201 Poplar Ave.
Columbus, OH 43215 Memphis, TN 38103
Judge: William M. Barker
First Paragraph:
The appellants, Michael Eugene Sample and Larry McKay, appeal as of
right from the Shelby County Criminal Courts judgments denying their
petitions for post-conviction relief. The appellants were each
convicted in a joint trial of two counts of felony murder and
sentenced to death in November of 1982. Their convictions and
sentences were affirmed on direct appeal by the Tennessee Supreme
Court, and a petition for writ of certiorari was denied by the United
States Supreme Court. State v. McKay & Sample, 680 S.W.2d 447 (Tenn.
1984), cert. denied, 470 U.S. 1034 (1985). Initial suits for
post-conviction relief were denied by the trial court and affirmed on
appeal. Larry McKay & Michael Eugene Sample v. State, No. 25 (Tenn.
Crim. App., Mar. 1, 1989, Jackson), perm. to appeal denied, (Tenn.
1989). Subsequent petititions for post-conviction relief filed by
each were also denied by the trial court and affirmed on appeal.
Michael E. Sample & Larry McKay v. State, No. 02C01-9104-CR-00062
(Tenn. Crim. App., Feb. 15, 1995, Jackson)(application for permission
to appeal pending).
URL:http://www.tba.org/tba_files/TCCA/Mckaylay.wpd.WP6
REGINALD HILL, v. STATE OF TENNESSEE,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
LINDA K. PARSON CHARLES W. BURSON
200 Jefferson Avenue Attorney General and Reporter
Memphis, TN 38103
ROBIN L. HARRIS
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
JOHN W. PIEROTTI
District Attorney General
JAMES C. BEASLEY, JR.
Assistant District Attorney General
Criminal Justice Complex, 3rd Floor
201 Poplar Avenue
Memphis, TN 38103
Judge: DAVID H. WELLES
First Paragraph:
The Petitioner appeals pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure from the trial courts denial of his petition for
post-conviction relief. The Petitioner is detained in the Tennessee
Department of Correction for a life sentence as an habitual offender.
The conviction in question is a burglary conviction which triggered
the habitual offender conviction. The Petitioner appeals from the
trial courts judgment that his guilty plea was properly entered. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/REGHILL.OPN.WP6
STATE OF TENNESSEE, v. ROBERT M. RUSSELL,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Charles W. Burson Carthel L. Smith, Jr.
Attorney General Attorney at Law
85 East Church
Rebecca L. Gundt Lexington, TN 38351
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Jerry Woodall
District Attorney General
James W. Thompson
Assistant District Attorney General
Lowell Thomas State Office Building
Jackson, TN 38301
Judge: JERRY SCOTT
First Paragraph:
This is an appeal by the State from a judgment granting a motion to
suppress the evidence seized pursuant to a search warrant. On May 24,
1993, Stuart Mills obtained a search warrant for the home of Mike
Russell citing as the reason for having probable cause to believe that
Mr. Russell was in possession of controlled substances that the
Affiant (Mr. Mills): has received the following information from Chief
Roger Loftin of the Lexington Police Dept. Chief Loftin received
information from a citizen informant who stated they had been on the
premises within the past 72 hours and had seen controlled substances
on the premises.
URL:http://www.tba.org/tba_files/TCCA/Russr.opn.WP6
STATE OF TENNESSEE, v. FRENCH R. SELDON,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
W. MARK WARD CHARLES W. BURSON
Assistant Public Defender Attorney General and Reporter
147 Jefferson, Suite 900
Memphis, TN 38103 CHARLOTTE H. RAPPUHN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
JOHN W. PIEROTTI
District Attorney General
ROBERT CARTER
Assistant District Attorney General
Criminal Justice Center
201 Poplar Avenue, Room 301
Memphis, TN 38103
Judge: DAVID H. WELLES
First Paragraph:
The Defendant appeals his conviction as of right pursuant to Rule 3 of
the Tennessee Rules of Appellate Procedure. He was convicted on a jury
verdict of aggravated robbery and was sentenced as a Range II multiple
offender to fifteen years to be served in the Department of
Correction.
URL:http://www.tba.org/tba_files/TCCA/Seldonfr.opn.WP6
STATE OF TENNESSEE,v. GRAPLE SIMPSON,
Court:TCCA
FOR THE APPELLEE: FOR THE APPELLANT:
Lloyd R. Tatum Charles W. Burson
Attorney at Law Attorney General & Reporter
124 East Main Street
P.O. Box 293 William David Bridgers
Henderson, TN 38340 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Elizabeth T. Rice
District Attorney General
Ed Neal McDaniel
Asst. Dist. Attorney General
302 Market Street
Somerville, TN 38068
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/Simpgra.opn.WP6
STATE OF TENNESSEE, v. RONNIE WILLIAM (BILLY) TAYLOR,
w/DISSENTING OPINION
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Tom W. Crider Charles W. Burson
District Public Defender Attorney General & Reporter
107 South Court Square 450 James Robertson Parkway
Trenton, TN 38382 Nashville, TN 37243-0497
Michael J. Fahey, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0485
Clayburn L. Peeples
District Attorney General
109 East First Street
Trenton, TN 38382-1841
Gary R. Brown
Assistant District Attorney General
109 East First Street
Trenton, TN 38382-1841
Judge: Joe B. Jones
First Paragraph:
The appellant, Ronnie William (Billy) Taylor, appeals as of right from
a judgment of the trial court revoking his community corrections
sentences and ordering that the three sentences previously imposed by
the court be served consecutively. The appellant contends that the
sentences imposed in two of the three cases had expired prior to the
institution of the revocation proceedings. The judgment of the trial
court is affirmed.
URL:http://www.tba.org/tba_files/TCCA/taylbil.opn.WP6
URL:http://www.tba.org/tba_files/TCCA/Taybil.dis.WP6
STATE OF TENNESSEE, v. DAVEY JOE VINEYARD, and JIMMY LEE COCKBURN,
Court:TCCA
FOR THE APPELLANTS FOR THE APPELLEE
Kenneth L. Miller Charles W. Burson
Logan, Thompson, Miller, Bilbo, Attorney General & Reporter
Thompson & Fisher, P.C.
P.O. Box 191 Hunt S. Brown
Cleveland, TN 37364-0191 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Jerry N. Estes
District Attorney General
Joseph A. Rehyansky
Asst District Attorney General
93 Ocoee St. N., Ste. 200
P.O. Box 1351
Cleveland, TN 37364
Judge: JOHN K. BYERS
First Paragraph:
The Defendants entered pleas of guilty and reserved the right to
appeal the following issue only: DID THE TRIAL COURT ERR IN DENYING
DEFENDANTS MOTION TO SUPPRESS BECAUSE THE STOP OF DEFENDANTS VEHICLE
WAS MADE WITHOUT PROBABLE CAUSE AND WAS A PRETEXTUAL STOP MADE FOR
ILLEGAL REASONS? The trial judge found the stop to be lawful. The
judgment of the trial court is affirmed. The states evidence in this
case came from Detective Gates, a narcotics officer with the city of
Cleveland.
URL:http://www.tba.org/tba_files/TCCA/VINEYARD.OPN.WP6
STATE OF TENNESSEE, v. DANNY WALKER,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
J. Diane Stoots Charles W. Burson
Assistant Public Defender Attorney General and Reporter
107 South Court Square
Trenton, TN 38382 Christina S. Shevalier
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
Clayburn Peeples
District Attorney General
109 East First Street
Trenton, TN 38382
Judge: JERRY L. SMITH
First Paragraph:
Appellant Danny Walker appeals the judgment of the Crockett County
Circuit Court revoking his community corrections sentence and
resentencing him to six years in the Tennessee Department of
Correction. On October 13, 1994, Appellant pled guilty to the sale of
cocaine under 0.5 grams and was sentenced to three years of community
corrections.
URL:http://www.tba.org/tba_files/TCCA/walkdan.WP6
STATE OF TENNESSEE, v HOWARD LUROY WILLIAMSON, Jr.,
Court:TCCA
FOR THE APPELLANT: FOR THE APPELLEE:
Daniel J. Taylor Charles W. Burson
Assistant Public Defender Attorney General and Reporter
227 West Baltimore
Jackson, TN 38301 Elizabeth T. Ryan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Jerry Woodall
District Attorney General
Don Allen
Assistant District Attorney
P. O. Box 2825
Jackson, TN 38302
Judge: JERRY L. SMITH
First Paragraph:
Appellant Howard Luroy Williamson, Jr. pled guilty to one count of
robbery in the Madison County Circuit Court. As a Range I standard
offender, he received a sentence of three years in the Tennessee
Department of Correction. The trial court suspended this sentence in
favor of a three-year period of probation. However, during the
probationary period, Appellants probation officer filed several
probation violation reports. As a result of the alleged violations,
the trial court conducted a probation revocation hearing. Following
the hearing, the trial court revoked Appellants probation and ordered
the imposition of the original three-year sentence of confinement. In
this appeal, Appellant presents the following issue for review:
whether the trial court erred in revoking his probation and in
imposing the original three-year sentence of confinement.
URL:http://www.tba.org/tba_files/TCCA/Willhow.opn.WP6
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