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.
- 00-New Opinions From TSC
- 00-New Opinions From TSC-Rules
- 00-New Opinions From TSC-Workers Comp Panel
- 00-New Opinions From TCA
- 08-New Opinions From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
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
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank