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TBALink Opinion-Flash
January 29, 1997 -- Volume #3 -- Number #012
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
- 00-New Opinions From TSC-Rules
- 01-New Opinions From TSC-Workers Comp Panel
- 06-New Opinions From TCA
- 16-New Opinions From TCCA
- 00-New Opinions From TSC
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RONALD L. SHOOK vs. YATES CONSTRUCTION COMPANY, INC, and CNA INSURANCE COMPANIES Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: Robert C. Edwards Stephen E. Yeager Knoxville, Tennessee Lowe, Shirley & Yeager Knoxville, Tennessee Judge: Loser First Paragraph: In this appeal, the employee or claimant, Shook, contends the evidence preponderate against the trial judge's finding that his psychological condition did not arise out of his employment. The panel has concluded that the judgment should be affirmed. URL:http://www.tba.org/tba_files/TSC_WCP/shookron_opn.WP6
HERMAN CRAIG, d/b/a SMYRNA HOME IMPROVEMENTS
vs.
CONTINENTAL DEVELOPMENT AND CONSTRUCTION, INC.
Court:TCA
Attorneys:
JOHN D. DRAKE
6 Public Square North
Murfreesboro, Tennessee 37130
ATTORNEY FOR PLAINTIFF/APPELLEE
IRWIN J. KUHN
Eisenstein Moses & Mossman
One Church Street Building, Suite 500
Nashville, Tennessee 37201
ATTORNEY FOR DEFENDANT/APPELLANT
Judge: LEWIS
First Paragraph:
This is an appeal by defendant/appellant, Continental Development and
Construction, Inc. ("CDC"), from a decision of the chancery court
denying CDC's claim to a set off. REVERSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/craigh_opn.WP6
EDWARD J. EYRING, M.D. individually and for the use and
benefit of EDWARD J. EYRING, M.D., P.C.
vs.
EAST TENNESSEE BAPTIST HOSPITAL
Court:TCA
Attorneys:
JOHN K. KING and ALAN M. PARKER, LEWIS, KING, KRIEG, WALDROP & CATRON,
P.C., Knoxville, for Plaintiff-Appellant.
DAVID L. STEED, CORNELIUS & COLLINS, Nashville, and MARC E. OVERLOCK
and ROBERT J. GONZALES, TENNESSEE MEDICAL ASSOCIATION, Nashville, for
Tennessee Medical Association, Amicus Curiae.
WILLIAM B. HUBBARD, WEED, HUBBARD, BERRY & DOUGHTY, Nashville, for
Tennessee Hospital Association, Amicus Curiae.
R. FRANKLIN NORTON and GEOFFREY D. KRESSIN, WIMBERLY LAWSON NORTON &
LUHN, PLLC, Knoxville, for Defendant-Appellee.
CHARLES W. BURSON, ATTORNEY GENERAL & REPORTER, and MICHELLE HOHNKE
JOSS, ASSISTANT ATTORNEY GENERAL, Nashville, for Intervenor/Appellee,
State of Tennessee.
Judge: Franks
First Paragraph:
In this action for breach of contract for damages, the defendant was
granted summary judgment and plaintiff has appealed. Plaintiff is a
physician who was granted clinical privileges at Defendant Hospital in
1974. The hospital bylaws provided for a reappointment process every
two years. This process had resulted in plaintiff's reappointment
nine times. AFFIRMED IN PART, VACATED IN PART, AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/eyring_opn.WP6
DONNA LAMBERT, Individually,
and as widow of CHARLES LAMBERT
Deceased
vs.
BAPTIST HOSPITAL, INC.
Court:TCA
Attorneys:
Thomas F. Bloom, Nashville, Tennessee
Attorney for Plaintiff/Appellant.
Gayle Malone, Jr.,
Kathryn J. Ladd,
TRABUE, STURDIVANT & DeWITT, Nashville, Tennessee
Attorney for Defendant/Appellee.
Judge: FARMER
First Paragraph:
The plaintiff, Donna Lambert, sued for the wrongful death of her
husband, Charles Lambert, allegedly caused by the negligence of the
defendant and its agents and employees. The defendant's motion for
partial summary judgment was granted, the trial court directed the
entry of a final judgment pursuant to Rule 54.02 T.R.C.P. and this
appeal results. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/lambertd_opn.WP6
BARBARA MANGRUM
vs.
WAL-MART STORES, INC.
Court:TCA
Attorneys:
Hon. E. Covington Johnston, Jr.
136 4th Avenue, South
P.O. Box 1608
Franklin, TN 37065-1608
ATTORNEY FOR PLAINTIFF/APPELLANT
Hon. Bradley Gilmore Hon. Charles A. Powell, III
Noel Place, Fifth Floor 2900 Am South/Harbert Plaza
200 Fourth Avenue, North 1901 Sixth Avenue North
Nashville, TN 37217 Birmingham, AL 35203
ATTORNEYS FOR DEFENDANT/APPELLEE
Judge: TODD
First Paragraph:
The captioned plaintiff has appealed from the summary dismissal of her
suit for age discrimination in her discharge from employment by the
defendant. AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/mangrum2_opn.WP6
HAROLD OWENBY
vs.
CITY OF KNOXVILLE and CIVIL SERVICE MERIT BOARD OF KNOXVILLE
Court:TCA
Attorneys:
ANN C. SHORT, Knoxville, for Petitioner-Appellant.
GORDON D. FOSTER, LACY & WINCHESTER, P.C., Knoxville, and BRIAN T.
BABB, CITY OF KNOXVILLE LAW DEPARTMENT, Knoxville, for
Respondents-Appellees.
Judge: Franks
First Paragraph:
Petitioner's petition for judicial review filed on March 11, 1991 in
Chancery Court, essentially charged that the Civil Service Merit Board
had administered a civil service test of 120 multiple choice questions
for the position of Fire Assistant Chief, and after the test had been
scored, 12 of the questions were "thrown out" and the test papers
regraded all to the detriment of petitioner. He asked that
respondents "make available to him the 17 bad/difficult or dual answer
questions, his answers to those questions and the keyed or correct
answers." AFFIRMED AND REMANDED.
URL:http://www.tba.org/tba_files/TCA/owenbyh_opn.WP6
ROBERT T. WARING
vs.
POLYMER MATERIALS, INC.; PRIMEX PLASTICS CORPORATION; ICC INDUSTRIES,
INC.; JOHN J. FARBER; JOHN L. ORAM; and PAUL J. BERTSCH
Court:TCA
Attorneys:
TIMOTHY R. SIMONDS and ERIC PAUL EDWARDSON, BAKER, DONELSON, BEARMAN &
CALDWELL, P.C., Chattanooga, for Appellant.
HUGH J. MOORE, JR., DOUGLAS E. PECK, and JOEL A. CONKIN, WITT, GAITHER
& WHITAKER, P.C., Chattanooga, for Appellees.
Judge: Franks
First Paragraph:
In this action based on an employment agreement, plaintiff seeks
recovery of damages for breach of contract and other theories, because
he did not receive any bonuses under terms of the agreement. The Trial
Judge granted summary judgments and dismissed as to all defendants and
plaintiff has appealed. AFFIRMED AND REMANDED AS MODIFIED.
URL:http://www.tba.org/tba_files/TCA/WARINGRT_OPN.WP6
STATE OF TENNESSEE
vs.
JOSEPH CATTONE
Court:TCCA
Attorneys:
For Appellee: For Appellant:
Charles M. Corn Charles W. Burson
Public Defender Attorney General & Reporter
Attorney for Appellee
P.O. Box 1453 Hunt S. Brown
Cleveland, TN 37364-1453 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Jerry N. Estes
District Attorney General
Rebble Johnson
Asst. District Attorney General
Tenth Judicial District
P.O. 1351
Cleveland, TN 37364-1351
Judge: WADE
First Paragraph:
The State of Tennessee appeals the dismissal of an indictment against
the defendant, Joseph Cattone. The issue on appeal is whether the
trial court erroneously dismissed the indictment. Because we disagree
with the ruling of the trial court, we must reverse the order of
dismissal, reinstate the indictment, and remand for trial.
URL:http://www.tba.org/tba_files/TCCA/cattone_opn.WP6
STATE OF TENNESSEE
vs.
MIKE D. DAVIDSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Leslie S. Hale Charles W. Burson
Asst District Public Defender Attorney General & Reporter
P.O. Box 839 500 Charlotte Avenue
Blountville, TN 37617-0839 Nashville, TN 37243-0497
OF COUNSEL: Susan Rosen
Assistant Attorney General
Stephen M. Wallace 450 James Robertson Parkway
District Public Defender Nashville, TN 37243-0493
P.O. Box 839
Blountville, TN 37617-0839 H. Greeley Wells, Jr.
District Attorney General
P.O. Box 526
Blountville, TN 37617-0526
Teresa M. Smith
Asst District Attorney General
P.O. Box 526
Blountville, TN 37617-0526
Judge: Jones
First Paragraph:
The sole issue presented for review is whether the evidence contained
in the record is insufficient, as a matter of law, to support a
finding by a rational trier of fact that the appellant was guilty of
violating a habitual traffic offender order beyond a reasonable doubt.
After a thorough review of the record, the briefs submitted by the
parties, and the authorities which govern this issue, it is the
opinion of the Court that the judgment of the trial court should be
affirmed.
URL:http://www.tba.org/tba_files/TCCA/davidson_opn.WP6
TRAVIS DYER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CHRISTOPHER VAN RIPER CHARLES W. BURSON
300 Market Street Attorney General and Reporter
Clinton, TN 37716
EUGENE J. HONEA
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
RANDALL E. NICHOLS
District Attorney General
STEVE GARRETT
Assistant District Attorney General
City-County Building
Knoxville, TN 37902
Judge: WELLES
First Paragraph:
The Petitioner appeals the trial court's denial of his petition for
post conviction relief. He was convicted by a jury verdict of
first-degree murder and was sentenced to life imprisonment. In this
appeal, he argues (1) That the jury instruction inferring malice from
the use of a deadly weapon denied him due process under the United
States and Tennessee constitutions; (2) that the jury instruction on
premeditation and deliberation denied him due process; and (3) that
counsel provided ineffective assistance because of counsel's failure
to raise voluntary intoxication as a defense at trial. We conclude
that the trial court properly denied the petition for post-conviction
relief and affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/dyert_opn.WP6
STATE OF TENNESSEE
vs.
TIMOTHY WADE HALL, SR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GEORGE MORTON GOOGE CHARLES W. BURSON
Public Defender Attorney General & Reporter
227 W. Baltimore
Jackson, TN 38301 WILLIAM DAVID BRIDGERS
(On Appeal) Asst. Attorney General
450 James Robertson Pkwy.
PAMELA J. DREWERY Nashville, TN 37243-0493
Asst. Public Defender
227 W. Baltimore JERRY WOODALL
Jackson, TN 38301 District Attorney General
(At Trial)
DON ALLEN
Asst. District Attorney General
P.O. Box 2825
Jackson, TN 38302
Judge: PEAY
First Paragraph:
The defendant was convicted by a jury of attempt to commit second
degree murder and aggravated assault. After a hearing, he was
sentenced to twelve years on the attempt offense and eight years on
the assault offense, to run concurrently. In this appeal as of right,
the defendant argues that his two convictions must be merged; that the
trial court erred in denying his motion for mistrial; and that his
sentence is excessive. Finding merit in the first of these issues, we
reverse and dismiss the defendant's conviction for aggravated assault.
We otherwise affirm the judgment
URL:http://www.tba.org/tba_files/TCCA/halltw_opn.WP6
STATE OF TENNESSEE
vs.
JESSIE JONES, JR.,
a/k/a JESSE JONES
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Tom W. Crider Charles W. Burson
District Public Defender Attorney General & Reporter
Periann S. Houghton Karen Yacuzzo
Asst. Public Defender Assistant Attorney General
107 South Court Square 450 James Robertson Parkway
Trenton, TN 38382 Nashville, TN 37243-0493
Vickie Pigg Hall
Legal Assistant
Clayburn L. Peeples
District Attorney General
Theodore H. Neumann and
Sarah Levy
Asst. District Attorneys General
109 East First Street
Trenton, TN 38382
Larry Hardister
Asst. District Attorney General
110 College Street, Ste. 200
Trenton, TN 38382
Judge: WADE
First Paragraph:
The defendant, Jessie Jones, Jr., a/k/a Jesse Jones, was convicted of
robbery, aggravated assault, and two counts of aggravated burglary.
The trial court imposed Range II sentences of ten years on each count;
the sentences for aggravated burglary were ordered to be served
consecutively to each other but concurrent with the assault and
robbery sentences. By our calculation, the effective sentence is
twenty years. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/jonesj_opn.WP6
TERRY SHANNON KIMERY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
TERRY SHANNON KIMERY CHARLES W. BURSON
PRO SE Attorney General and Reporter
P.O. Box 5000
Mountain City, TN 37683 EUGENE J. HONEA
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
C. BERKELEY BELL
District Attorney General
ERIC CHRISTINSEN
Assistant District Attorney General
113 W. Church Street
Greeneville, TN 37743
Judge: WELLES,
First Paragraph:
The Petitioner appeals as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure from the trial court's dismissal of his
second petition for post-conviction relief. The Petitioner was
convicted on a jury verdict of armed robbery and two counts of
kidnaping. He was sentenced to fifty (50) years for the armed robbery
and ten (10) years for each count of kidnaping. The sentences for
kidnaping were ordered to run consecutively to each other but
concurrently with the sentence for armed robbery. These sentences were
also ordered to begin after the expiration of a sentence for which
parole had been revoked. In his only issue on this appeal, the
Petitioner argues that the "moral certainty" language in the
reasonable doubt jury instruction at trial impermissibly lowered the
burden of proof and violated his constitutional right to the "beyond a
reasonable doubt" standard of proof. We affirm the judgment of the
trial court.
URL:http://www.tba.org/tba_files/TCCA/kimery_opn.WP6
STEPHEN KOPROWSKI
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Douglas A. Trant Charles W. Burson
900 S. Gay St. Attorney General and Reporter
Suite 1502
Knoxville, TN 37902
Eugene J. Honea
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Judge: Barker
First Paragraph:
In this consolidated appeal, Stephen Koprowski, appeals the dismissal
of his post-conviction petitions filed in the Criminal Court of Knox
County and the Circuit Court of Anderson County. Both of the trial
courts summarily dismissed appellant's petitions because they were
filed outside the statute of limitations. Finding no error in the
trial courts' rulings, we affirm the dismissal of the petitions.
URL:http://www.tba.org/tba_files/TCCA/koprowsk_opn.WP6
STATE OF TENNESSEE
vs.
RANDY A. McCLURE and TEDDY G. OWNBY
Court:TCCA
Attorneys:
FFor the Appellant: For the Appellee:
For Appellants: For Appellee:
Bryan E. Delius Charles W. Burson
Marshall & Delius, Attorneys Attorney General & Reporter
124 Court Avenue, Suite 201
Sevierville, TN 37862 Sandy R. Copous
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Al Schmutzer, Jr.
District Attorney General
G. Scott Green
Assistant District Attorney General
Suite 301-E
125 Court Avenue
Sevierville, TN 37862
Judge: WADE
First Paragraph:
The defendants, Randy McClure and Teddy Ownby, appeal from a judgment
of the trial court declaring each of them habitual motor vehicle
offenders. Tenn. Code Ann. SS 55-10-601 to -618. The single issue
presented for review is whether a prior conviction for driving under
the influence precludes, on double jeopardy principles, a subsequent
proceeding under the Habitual Motor Vehicle Offenders Act. We affirm
the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/mcclurer_opn.WP6
STATE OF TENNESSEE
vs.
JAMES E. MOOREHEAD
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Charles M. Corn Charles W. Burson
District Public Defender Attorney General & Reporter
A. Wayne Carter Christine Lapps
Assistant Public Defender Assistant Attorney General
P.O. Box 1453 404 James Robertson Parkway
Cleveland, TN 37364-1453 Nashville, TN 37243-0489
Jerry N. Estes
District Attorney General
Rebble S. Johnson
Assistant District Attorney General
P.O. Box 1351
Cleveland, TN 37364-1351
Judge: BYERS
First Paragraph:
The defendant was found guilty of the sale or delivery of more than
0.5 ounces but less than 10 pounds of marijuana. He was fined
$4,000.00 and sentenced to serve six years as a persistent offender.
The defendant says the evidence is insufficient to support the verdict
and also says the trial court erred when it charged the jury that the
minimum amount of time that could be served in prison for the felony
was three months. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/moorehd_opn.WP6
STATE OF TENNESSEE
vs.
TIMOTHY J. PATTERSON
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Bill Anderson, Jr. Charles W. Burson
138 N. Third St. Attorney General and Reporter
Memphis, TN 38103
M. Allison Thompson
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
John W. Pierotti
District Attorney General
Daniel Woody and Jennifer Nichols
Asst. District Attorneys General
Third Floor, Criminal Justice Complex
201 Poplar
Memphis, TN 38103
Judge: Hayes
First Paragraph:
The appellant, Timothy J. Patterson, was convicted by a Shelby County
jury of one count of criminal attempt to commit voluntary manslaughter
and one count of criminal attempt to commit aggravated rape.
Following his convictions, the Shelby County Criminal Court imposed
Department of Correction sentences of four years for the attempted
voluntary manslaughter conviction and ten years for the attempted
aggravated rape conviction. The sentences were ordered to run
concurrently. In this appeal, the appellant contends that the
evidence is insufficient to support his convictions. After a review of
the record, we affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/patterst_opn.WP6
STATE OF TENNESSEE
vs.
ELBERT PURDY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
G. Stephen Davis Charles W. Burson
District Public Defender Attorney General and Reporter
208 Mill Avenue, North 500 Charlotte Avenue
Dyersburg, TN 38025-0742 Nashville, TN 37243-0497
(Appeal Only)
Sarah M. Branch
Timothy C. Naifeh Assistant Attorney General
Attorney at Law 450 James Robertson Parkway
102 Court Street, South Nashville, TN 37243-0493
Tiptonville, TN 38079
(Trial Only) C. Phillip Bivens
District Attorney General
P.O. Drawer E
Dyersburg, TN 38025
Judge: Jones
First Paragraph:
The sole issue presented for review is whether the sentences imposed
by the trial court are excessive. The appellant, Elbert Purdy, asks
this Court to modify his sentences and impose some form of alternative
sentencing. The State of Tennessee argues the sentences imposed by
the trial court are not excessive, and the trial court properly
refused to impose alternative sentencing. After a thorough review of
the record, the briefs submitted by the parties, and the authorities
which govern the issue presented for review, this Court is of the
opinion the judgment of the trial court should be affirmed.
URL:http://www.tba.org/tba_files/TCCA/purdye_opn.WP6
JAMES RINES
vs
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
ON APPEAL: Charles W. Burson
R. J. Tucker Attorney General and Reporter
317 East Main Street
Newport, TN 37821 Sandy R. Copous
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Alfred C. Schmutzer, Jr.
District Attorney General
James B. Dunn
Asst. District Attorney General
339 East Main Street
Newport, Tn 37821
Judge: Hayes
First Paragraph:
The appellant, James Rines, appeals the Cocke County Criminal Court's
denial of his petition for post-conviction relief. In this appeal,
the appellant contends that his conviction for first degree murder is
constitutionally deficient because (1) the trial court's jury
instructions on "reasonable doubt" and "premeditation and
deliberation" were erroneous and (2) he was denied the effective
assistance of counsel. After a review of the record, we affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/rinesj_opn.WP6
JAMES MICHAEL ROBBINS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
James Michael Robbins Charles W. Burson
Pro Se Attorney General & Reporter
Morgan County Regional
Correctional Facility Elizabeth T. Ryan
Box 2000 Assistant Attorney General
Unit 14 450 James Robertson Parkway
Wartburg, TN 37887 Nashville, TN 37243-0493
Al Schmutzer, Jr.
District Attorney General
G. Scott Green
Assistant District Attorney General
Sevier County Courthouse
Sevierville, TN 37862
Judge: WADE
First Paragraph:
The petitioner, James Michael Robbins, appeals the trial court's
denial of post-conviction relief. The single issue presented for
review is whether the petition was barred by the statute of
limitations. Tenn. Code Ann. S 40-30-102. We affirm the judgment of
the trial court.
URL:http://www.tba.org/tba_files/TCCA/robbinsj_opn.WP6
STATE OF TENNESSEE
vs.
CARL ROSS
Court:TCCA
Attorneys:
For Appellant: For Appellee:
William L. Johnson, Attorney Charles W. Burson
50 North Front Street, #1150 Attorney General & Reporter
Memphis, TN 38103
Clinton J. Morgan
Counsel for the State
450 James Robertson Parkway
Nashville, TN 37243-0493
Terrell L. Harris and
David C. Henry
Assistant District
Attorneys General
Criminal Justice Center
Third Floor
201 Poplar Avenue
Memphis, TN 38103
Judge: WADE
First Paragraph:
The defendant, Carl Ross, was convicted on two counts of attempt to
commit second degree murder, three counts of aggravated robbery, and
one count of theft in excess of $1,000.00. The trial court classified
the defendant as a Career Offender and imposed consecutive sentences
of thirty years on each of the attempted murder and robbery
convictions and twelve years for the theft. The effective sentence is
162 years at 60%. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/rosscarl_opn.WP6
STATE OF TENNESSEE
vs.
THOMAS WARE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN R. CANDY CHARLES W. BURSON
22 North Front #880 Attorney General and Reporter
Memphis, TN 38103
MARY ANNE QUEEN
Legal Assistant
WILLIAM DAVID BRIDGERS
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 Complex, Third Floor
201 Poplar
Memphis, TN 38103
Judge: SMITH
First Paragraph:
A Shelby County Criminal Court jury found Appellant Thomas Ware guilty
of second degree murder. As a Range I standard offender, he received
a sentence of twenty-two years in the Tennessee Department of
Correction. In this appeal, Appellant presents the following issues
for review: (1) whether the evidence presented at trial is legally
sufficient to sustain a conviction for second degree murder, and (2)
whether the trial court erred in determining the length of sentence.
After a review of the record, we affirm the judgment of the trial
court.
URL:http://www.tba.org/tba_files/TCCA/waret_opn.WP6
STATE OF TENNESSEE
vs.
RUSSELL WILHOIT
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JEFFERY C. KELLY CHARLES W. BURSON
Public Defender Attorney General and Reporter
142 East Market Street
Johnson City, TN 37601 HUNT S. BROWN
Assistant Attorney General
DEBORAH B. HUSKINS 450 James Robertson Parkway
Assistant Public Defender Nashville, TN 37243-0493
142 E. Market Street
Johnson City, TN 37605 DAVID CROCKETT
District Attorney General
KENT GARLAND
Assistant District Attorney General
P.O. Box 38
Jonesborough, TN 37659
Judge: WELLES
First Paragraph:
This is an appeal pursuant to Rule 37(b)(2)(i) of the Tennessee Rules
of Criminal Procedure. The Defendant pleaded guilty to driving on a
revoked license and driving under the influence (second offense).
With the agreement of the State and the trial court, he reserved a
certified question of law that is dispositive of the case. The
certified question arose from the trial court's denial of a motion to
suppress evidence obtained from an encounter with a police officer at
the Defendant's parked car. We affirm the judgment of the trial
court.
URL:http://www.tba.org/tba_files/TCA/wilhoitr_opn.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: