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TBALink Opinion-Flash
February 18, 1997 -- Volume #3 -- Number #021
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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- 08-New Opinions From TCCA
- 00-New Opinions From TSC
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STATE OF TENNESSEE vs. PERRY A. CRIBBS Court:TCCA Attorneys: For Appellant: For Appellee: A. C. Wharton Charles W. Burson District Public Defender Attorney General & Reporter 201 Poplar Avenue Suite 201 John P. Cauley Memphis, TN 38103-1947 Assistant Attorney General 450 James Robertson Parkway W. Mark Ward Nashville, TN 37243-0493 Assistant Public Defender 147 Jefferson, Suite 900 James Wax and David Shapiro Memphis, TN 38103 Assistant District Attorneys General 201 Poplar Avenue, Third Floor Memphis, TN 38103 Judge: WADE First Paragraph: The defendant, Perry A. Cribbs, was convicted of premeditated first degree murder, first degree murder during the perpetration of an aggravated burglary, first degree murder during the perpetration of aggravated robbery, aggravated burglary, and attempted first degree murder. The death penalty verdicts were based upon two of the aggravating circumstances prescribed by statute: (1) the defendant was previously convicted of one or more felonies, other than the present charge, whose statutory elements involve the use of violence to the person; and (2) the murder was committed while the defendant was engaged in committing a burglary. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/CRIBBS_OPN.WP6
STATE OF TENNESSEE
vs.
JAMES W. EAVES
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Walker Guinn Charles W. Burson
Assistant Public Defender Attorney General & Reporter
201 Poplar Avenue
Suite 2-01 Susan Rosen
Memphis, TN 38103 Counsel for the State
(on appeal) 450 James Robertson Parkway
Nashville, TN 37243-0493
David Hoglund, Attorney
165 Madison Avenue Patience Branham
Suite 1813 Assistant District Attorney General
Memphis, TN 38103 201 Poplar Avenue
(at trial) Third Floor
Memphis, TN 38103
Of Counsel:
A.C. Wharton, Jr.
Shelby County Public Defender
Judge: WADE
First Paragraph:
The defendant, James W. Eaves, was convicted of aggravated assault.
The trial court imposed a Range I, five-year, three-month sentence to
be served in the workhouse. The sentence was ordered to be served
consecutively to prior sentences for aggravated burglary and contempt
of court. A $5,000.00 fine was imposed. In this appeal of right, the
defendant challenges the sufficiency of the evidence and argues that
the trial court committed error by warning a defense witness about a
possible perjury charge. REVERSED AND REMANDED.
URL:http://www.tba.org/tba_files/TCCA/EAVESJ_OPN.WP6
STATE OF TENNESSEE
vs.
BILLY JOE HARRIS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Billy Joe Harris, Pro Se Charles W. Burson
Register Number 127709 Attorney General & Reporter
Route 1, Box 330 500 Charlotte Avenue
Tiptonville, TN 38079-9775 Nashville, TN 37243-0497
Janis L. Turner
Counsel for the State
450 James Robertson Parkway
Nashville, TN 37243-0493
Thomas A. Thomas
District Attorney General
414 South Fourth
Union City, TN 38281-0218
James T. Cannon
Assist District Attorney General
414 South Fourth
Union City, TN 38281-0218
Judge: Jones
First Paragraph:
The appellant, Billy Joe Harris, appeals as of right from a judgment
of the trial court summarily dismissing his motion for a new trial.
The appellant claimed he was entitled to a new trial due to newly
discovered evidence. The trial court found the motion was not timely
filed pursuant to the Tennessee Rules of Criminal Procedure. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/HARRIS_OPN.WP6
STATE OF TENNESSEE
vs.
PAUL D. HOPPER
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Mike Mosier Charles W. Burson
P.O. Box 1623 Attorney General and Reporter
204 West Baltimore 450 James Robertson Parkway
Jackson, TN 38303-1623 Nashville, TN 37243-0493
Clinton J. Morgan
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243
Elizabeth T. Rice
District Attorney General
Jerry Norwood
Assistant District Attorney
302 Market St.
Somerville, TN 38068
Judge: Barker
First Paragraph:
Appellant, Paul D. Hopper, appeals as of right his conviction in the
Hardeman County Circuit Court of driving under the influence, third
offense and driving on a revoked license. He was sentenced to eleven
months, twenty-nine days to be served at seventy-five percent;
probation for seven months, twenty-nine days after serving 120 days;
and a fine of $1100 on the DUI conviction. For driving on a revoked
license, he was sentenced to six months at seventy-five percent,
probation for five months, twenty-eight days after serving two days
and a $300 fine. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/HOPPERP_OPN.WP6
STATE OF TENNESSEE
vs.
HOWARD JOHNSON, SR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
James T. "Jim" Sanderson Charles W. Burson
& Associates, P.C. Attorney General & Reporter
Stephen L. Hale Jeffrey L. Hill
Attorney at Law Assistant Attorney General
P.O. Box 331 Civil Rights & Claims Division
Bolivar, TN 38008 404 James Robertson Parkway
Suite 2000, Parkway Towers
Nashville, TN 37243-0488
Clayburn Peeples
District Attorney General
109 East First
Trenton, TN 38382
Judge: SUMMERS
First Paragraph:
The appellant, Howard Johnson, Sr., pled guilty to attempted rape. He
was sentenced to seven years confinement in the Tennessee Department
of Correction (TDOC). He filed a Petition to Suspend Sentence. The
petition was denied. He then filed a Motion to Reconsider his
Petition to Suspend Sentence. The trial found that it lacked
jurisdiction to hear the motion to reconsider and denied the motion.
The appellant appeals that order. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/JOHNSNH_OPN.WP6
HENRY MARTIN
vs.
BILLY COMPTON, WARDEN
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Henry Martin, Pro Se Charles W. Burson
L.C.R.C.F. Attorney General of Tennessee
Route 1, Box 330 and
Tiptonville, TN 38079 Robin L. Harris
Assist Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
C. Phillip Bivens
District Attorney General
P.O. Drawer E
Dyersburg, TN 38024
Judge: Tipton
First Paragraph:
The petitioner, Henry Martin, appeals as of right from the dismissal
of his petition for habeas corpus relief by the Lake County Circuit
Court for failure to state a cause of action over which the trial
court had jurisdiction. The petitioner is presently in the custody of
the Department of Correction. His petition alleges that he is being
unduly restrained of his liberty because the Department of Correction
is refusing to compute his parole dates and earned sentencing credits.
The trial court dismissed the petition because the allegations do not
show that the petitioner's sentence is void or has fully expired.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/MARTINH_OPN.WP6
STATE OF TENNESSEE
vs.
ANGELA CAPRICE PARCHMAN, A/K/A Rosie
OPINION CONCURRING IN RESULTS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LANCE E. WEBB CHARLES W. BURSON
P.O. Box 26 Attorney General and Reporter
Union City, TN 38281
CLINTON J. MORGAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0943
THOMAS A. THOMAS
District Attorney General
JAMES T. CANNON
Assistant District Attorney General
P.O. Box 218
Union City, TN 38261
Judge: WELLES
First Paragraph:
This is an appeal as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure. The Defendant was convicted by an Obion
County jury of two counts of the sale of a controlled substance. She
appeals her convictions and presents four issues for review: (1) That
the trial court erred by denying the Defendant's motion for a new
trial because the verdict was tainted by juror misconduct; (2) that
the trial court erred in ruling that a post-trial confession was not
newly discovered evidence such as to warrant a new trial; (3) that
the trial court erred in ruling that an alibi witness was not newly
discovered evidence such as to warrant a new trial; and (4) that the
evidence was insufficient to support the convictions beyond a
reasonable doubt. We find merit with the Defendant's argument that
she is entitled to a new trial because of juror misconduct. REVERSED
AND REMANDED.
URL:http://www.tba.org/tba_files/TCCA/PARCHMAN_OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/PARCHMAN_CON.WP6
JEFF LEON WALKER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JEFF LEON WALKER CHARLES W. BURSON
Pro Se Attorney General and Reporter
Prison Number 108983
CCA/SCCF, P. O. Box 279 CLINTON J. MORGAN
Clifton, TN 38425-0279 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
JERRY WOODALL
District Attorney General
AL EARLS
Assistant District Attorney
P. O. Box 2825
Jackson, TN 38302
Judge: SMITH
First Paragraph:
Appellant was convicted on January 23, 1988, of the offense of felony
murder. On May 10, 1995, he filed the pro se post-conviction petition
which is the subject of this appeal. In the petition Appellant
alleges that the judge of the City of Court of Jackson who presided
over Appellant's preliminary hearing was not elected to a full eight
year term in accordance with Article VI, Sec. 4 of the Tennessee
Constitution. Appellant theorizes that his conviction is void because
the preliminary hearing was conducted by an "unconstitutional" judge.
See, Town of South Carthage v. Barrett, 840 S.W.2d 895 (Tenn. 1992).
AFFIRMED PURSUANT TO RULE 20.
URL:http://www.tba.org/tba_files/TCCA/WALKER_ORD.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue IN THIS ORDER: