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. THOMAS H. ALDRIDGE Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Marvin E. Ballin Charles W. Burson Attorney at Law Attorney General & Reporter 200 Jefferson Avenue, Suite 1250 500 Charlotte Avenue Memphis, TN 38103 Nashville, TN 37243-0497 Mark A. Mesler Clinton J. Morgan Attorney at Law Assistant Attorney General 200 Jefferson Avenue, Suite 1250 450 James Robertson Parkway Memphis, TN 38103 Nashville, TN 37243-0493 John W. Pierotti District Attorney General 201 Poplar Avenue, Third Floor Memphis, TN 38103 Terrell L. Harris Asst District Attorney General 201 Poplar Avenue, Third Floor Memphis, TN 38103 Judge: Jones First Paragraph: The appellant, Thomas H. Aldridge, was convicted of driving while under the influence, a Class A misdemeanor, leaving the scene of an accident, a Class A misdemeanor, and driving after having been declared a habitual vehicle offender, a Class E felony, following his pleas of guilty to these offenses. The trial court imposed the following sentences pursuant to the plea bargain agreement: a.) Driving while intoxicated, a fine of $500 and confinement for thirty (30) days in the Shelby County Correctional Center, twenty-eight days of the sentence was suspended; b.) Leaving the scene of an accident, a fine of $500; and c.) Driving after having been declared a habitual vehicle offender, a Range I, standard offender sentence consisting of a $500 fine and confinement for one (1) year in the Shelby County Correctional Center. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/ALDRIDGT_OPN.WP6 STATE OF TENNESSEE vs. ROBERT LEE BOYD, JR. Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: W. JEFFERY FAGAN CHARLES W. BURSON Asst. District Public Defender Attorney General & Reporter 117 Forrest Ave. North P.O. Box 663 Camden, TN 38320 SARAH M. BRANCH Counsel for the State 450 James Robertson Pkwy. Nashville, TN 37243-0493 ROBERT "GUS" RADFORD District Attorney General P.O. Box 686 Huntingdon, TN 38344 Judge: PEAY First Paragraph: The defendant was indicted on November 7, 1994, for the first-degree murder of Lisa C. Stewart. A jury convicted him of second-degree murder and fined him fifty thousand dollars ($50,000). After a hearing, the defendant was sentenced to twenty-five years in the Department of Correction. In this appeal as of right, the defendant contends that the evidence was insufficient to justify a finding of guilt beyond a reasonable doubt. After a review of the entire record, we find that this issue is without merit, and therefore, his conviction is affirmed. URL:http://www.tba.org/tba_files/TCCA/BOYDRL_OPN.WP6 STATE OF TENNESSEE vs. ANTONIO M. BYRD Court:TCCA For Appellant: For Appellee: Paula Skahan Charles W. Burson 140 North Third Street Attorney General & Reporter Memphis, TN 38103 William David Bridges Gerald Skahan Assistant Attorney General 140 North Third Street 450 James Robertson Parkway Memphis, TN 38103 Nashville, TN 37243-0493 (at trial only) James J. Challen, III and John W. Campbell Asst. District Attorneys General 201 Poplar Avenue Memphis, TN 38103 Judge: WADE First Paragraph: The defendant, Antonio M. Byrd, was convicted of especially aggravated kidnapping, especially aggravated robbery, aggravated rape, and first degree murder. Seventeen years old when the offenses occurred, the defendant was sentenced to life without the possibility of parole for the murder conviction. The trial court imposed concurrent twenty-three-year sentences on the other offenses, to be served consecutively to the life term. AFFIRMED AS MODIFIED. URL:http://www.tba.org/tba_files/TCCA/BYRDA_OPN.WP6 STATE OF TENNESSEE vs. CAROLYN L. CURRY Court:TCCA CHARLES W. BURSON DONALD E. PARISH Attorney General & Reporter Ivey, Parish & Johns 124 East Paris St. TIMOTHY F. BEHAN P.O. Box 229 Asst. Attorney General Huntingdon, TN 38344 450 James Robertson Pkwy. Nashville, TN 37243-0493 ROBERT RADFORD District Attorney General ELEANOR CAHILL Asst. District Attorney General P.O. Box 686 Huntingdon, TN 38344 Judge: PEAY First Paragraph: The defendant was charged in the indictment with theft of property valued between ten thousand dollars ($10,000) and sixty thousand dollars ($60,000). On September 21, 1995, she filed an application for pretrial diversion. The district attorney general denied the application on September 28, 1995. The defendant then filed a petition for a writ of certiorari, seeking review of the district attorney general's decision to deny her application. After a hearing, the trial court found that the State had abused its discretion and ordered the defendant placed on pretrial diversion. In this appeal pursuant to T.R.A.P. 9, the State contends the trial court erred in finding that the State had abused its discretion in denying pretrial diversion. We reverse the judgment of the trial court and remand this matter for further proceedings consistent with this opinion. URL:http://www.tba.org/tba_files/TCCA/CURRYCL_OPN.WP6 URL:http://www.tba.org/tba_files/TCCA/CURRYCL_CON1.WP6 URL:http://www.tba.org/tba_files/TCCA/CURRYCL_CON2.WP6 STATE OF TENNESSEE vs. STACY JONES REED Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL W. WHITAKER CHARLES W. BURSON Post Office Box 1024 Attorney General and Reporter Covington, TN 38019 ELLEN H. POLLACK Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 CLAYBURN L. PEEPLES District Attorney General EDWARD L. HARDISTER and SARAH LEVY 109 East First Street Trenton, TN 38382-1841 Judge: CLARK First Paragraph: The defendant was indicted for theft of property over a value of $1,000.00 but under $10,000.00. She was convicted on a jury verdict of theft of property over $500.00 but under $1,000.00, a Class E felony. She received a sentence of eighteen (18) months. She was ordered to serve the first one hundred twenty (120) days in jail, with the remainder to be served in a community based alternative program. As a part of her sentence she was required to pay $5,354.00 in restitution to the victim. Defendant appeals as of right and presents four issues for review: 1. That the evidence at trial was insufficient to support the verdict of guilt; 2. That the state's placement of a 4' x 6' chart illustrating the state's theory of the case in the jury room with the jury prior to opening statement contaminated the trial; 3. That the trial court erred in failing to declare a mistrial when the state introduced proof the defendant had filed for bankruptcy; and 4. That the trial court erred in failing to sentence defendant as an especially mitigated offender and in ordering restitution in the amount of $5,354.00. After reviewing the record, we affirm the judgment of the trial court as modified. URL:http://www.tba.org/tba_files/TCCA/REEDSJ_OPN.WP6 STATE OF TENNESSEE vs. JOHN L. RYAN Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: Marvin E. Ballin Charles W. Burson Ballin, Ballin & Fishman Attorney General & Reporter 200 Jefferson Avenue, Suite 1250 450 James Robertson Parkway Memphis, TN 38103 Nashville, TN 37243-0497 Mark A. Mesler William David Bridgers Ballin, Ballin & Fishman Assistant Attorney General 200 Jefferson Avenue, Suite 1250 450 James Robertson Parkway Memphis, TN 38103 Nashville, TN 37243-0493 William H. Crabtree Attorney General Pro Tempore P. O. Box 1468 Knoxville, TN 37901-1468 Judge: Jones First Paragraph: The appellant, John L. Ryan, entered pleas of guilty to eight counts of obtaining a controlled substance by fraud, misrepresentation and deception, a Class D felony, without any agreement as to punishment. After a sentencing hearing, the trial court found that the appellant was a standard offender and imposed a sentence consisting of a $5,000 fine and confinement for four (4) years in the Shelby County Correctional Center on each count. The effective sentence imposed was confinement for four (4) years and fines totaling $40,000. In this Court, three issues are presented for review. The appellant contends that the fines imposed by the trial court were excessive, the term of confinement was excessive, and the trial court should have granted him an alternative sentence. After a thorough review of the record, the briefs submitted by the parties, and the authorities that control the issues, it is the opinion of this Court that the judgment should be affirmed as modified. URL:http://www.tba.org/tba_files/TCCA/RYANJL_OPN.WP6 STATE OF TENNESSEE vs. MICHAEL JOSEPH SPADAFINA Court:TCCA FOR THE APPELLANT: FOR THE APPELLEE: TERRY J. LEONARD CHARLES W. BURSON 9 North Court Square Attorney General & Reporter P.O. Box 424 Camden, TN 38320 WILLIAM DAVID BRIDGERS Asst. Attorney General 450 James Robertson Pkwy. Nashville, TN 37243-0493 ROBERT "GUS" RADFORD District Attorney General TODD A. ROSE Asst. District Attorney General P.O. Box 94 Paris, TN 38242 Judge: PEAY First Paragraph: The defendant was indicted on February 6, 1995, for the murder of Paul Burns. After a three day trial, the jury convicted him of first-degree murder but was unable to reach a decision as to the punishment. The trial court, therefore, sentenced the defendant to life imprisonment. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/SPADAFIN_OPN.WP6
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