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TBALink Opinion-Flash
January 02, 1997 -- Volume #3 -- Number #001
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 Opinions From TSC-Rules
- 00-New Opinions From TSC-Workers Comp Panel
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- 07-New Opinions From TCCA
- 00-New Opinions From TSC
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George Dean
TBALink Chief Editor
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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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: