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TBALink Opinion-Flash
June 17, 1997 -- Volume #3 -- Number #61
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. JOHN M. AKE with CONCURRING OPINION Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN H. HENDERSON CHARLES W. BURSON District Public Defender Attorney General and Reporter 407 C Main Street P. O. Box 68 KAREN M. YACUZZO Franklin, TN 37065-0068 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 JOSEPH D. BAUGH, JR. District Attorney General MARK PURYEAR Asst District Attorney General P. O. Box 937 Franklin, TN 37065-0937 Judge: RILEY First Paragraph: This is a direct appeal resulting from a jury verdict of guilty of aggravated robbery and theft under $500. Defendant, John M. Ake, was sentenced to eight (8) years as a Range I, Standard Offender for the offense of aggravated robbery and sixty (60) days in the county jail for the offense of theft under $500. The sentences were ordered to run concurrently with each other. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/AKEJM_OPN.WP6 URL:http://www.tba.org/tba_files/TCCA/AKEJM1_CON.WP6
STATE OF TENNESSEE
vs.
MIKE BOOHER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT Y. OAKS CHARLES W. BURSON
Office of the Public Defender Attorney General and Reporter
First Judicial District
Main Courthouse PETER M. COUGHLAN
Elizabethton, TN 37643 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
GERALD L. GULLEY, JR.
Contract Appellant Defender DAVID CROCKETT
P. O. Box 1708 District Attorney General
Knoxville, TN 37901-1708
LISA NIDIFFER RICE
Assistant District Attorney
First Judicial District
Mountain City, TN 37683
Judge: SMITH
First Paragraph:
A Johnson County Criminal Court jury found Appellant Mike Booher
guilty of possession of a controlled substance in a penal institution.
As a Range II multiple offender, he received a sentence of seven
years and six months in the Tennessee Department of Correction. The
trial court ordered the sentence served consecutively to his prior
convictions. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BOOHER_ORD.WP6
STATE OF TENNESSEE
vs.
EUGENE BRABSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT Y. OAKS CHARLES W. BURSON
Office of the Public Defender Attorney General and Reporter
First Judicial District
Main Courthouse MICHAEL J. FAHEY, II
Elizabethton, TN 37643 Assistant Attorney General
450 James Robertson Parkway
On Appeal Only Nashville, TN 37243
GERALD L. GULLEY, JR.
Contract Appellant Defender DAVID CROCKETT
P. O. Box 1708 District Attorney General
Knoxville, TN 37901-1708
LISA NIDIFFER RICE
Assistant District Attorney
First Judicial District
Mountain City, TN 37683
Judge: SMITH
First Paragraph:
Appellant Eugene Brabson pled guilty in the Johnson County Criminal
Court to possession of a controlled substance in a penal institution.
As a Range I standard offender, he received a sentence of three years
in the Tennessee Department of Correction. The trial court ordered
the sentence served consecutively to his prior convictions. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BRABSON_ORD.WP6
STATE OF TENNESSEE
vs.
BRIAN L. BRASHEARS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT S. PETERS CHARLES W. BURSON
100 First Avenue, S.W. Attorney General and Reporter
Winchester, TN 37398
DARYL J. BRAND
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
C. MICHAEL LAYNE
District Attorney General
STEPHEN E. WEITZMAN
Asst District Attorney General
P.O. Box 147
Manchester, TN 37355
Judge: WELLES
First Paragraph:
This is an appeal as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure. The Defendant, Brian L. Brashears, was
convicted by a Coffee County jury of driving under the influence of an
intoxicant, third offense, and driving on a revoked license. The
jury fined him $250.00 for each offense and the trial court sentenced
him to 11 months and 29 days for driving under the influence with 180
days to be served in the Coffee County Jail and the remainder to be
served on probation. His driver's license was revoked for 10 years.
The Defendant was sentenced to 30 days for driving on a revoked
license, to be served consecutively to the DUI sentence. The
Defendant appeals his conviction for driving under the influence of an
intoxicant raising one issue: that the evidence was insufficient to
support a verdict of guilt. We affirm the judgment of the trial
court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BRASHEBL_OPN.WP6
STATE OF TENNESSEE
vs.
JESSEE JAMES BROOKS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES T. BOWMAN JOHN KNOX WALKUP
128 E. Market Street Attorney General & Reporter
Johnson City, Tennessee 37604
TIMOTHY F. BEHAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243 0493
H. GREELEY WELLS, JR.
District Attorney General
EDWARD E. WILSON
Asst District Attorney General
P.O. Box 526
Blountville, Tennessee 37617 0526
Judge: RILEY
First Paragraph:
The defendant, Jessee J. Brooks, appeals as of right his sentence from
a jury conviction for aggravated robbery. The defendant was sentenced
for this Class B felony to fifteen (15) years as a Range II offender.
The sole issue presented for review is whether the defendant is a
Range I or Range II offender. At the sentencing hearing, the state
urged the trial court to elevate the defendant to Range II status
based upon three pre-1989 Virginia convictions for grand larceny.
Arguing that the Virginia convictions were equivalent, at most, to
Class E felonies, defense counsel requested that defendant be
sentenced as a Range I offender. The trial court determined that
defendant was a Range II offender. We AFFIRM the judgment of the
trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BROOKSJJ_OPN.WP6
STATE OF TENNESSEE
vs.
CHARLES RANDALL BROWN
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Stephen M. Wallace John Knox Walkup
District Public Defender Attorney General and Reporter
P.O. Box 839 450 James Robertson Parkway
Blountsville, Tennessee 37617-0839 Nashville, Tennessee 37243 0493
Terry L. Jordan Janis L. Turner
Assistant Public Defender Assistant Attorney General
P.O. Box 839 450 James Robertson Parkway
Blountsville, Tennessee 37617-0839 Nashville, Tennessee 37243 0493
H. Greeley Wells, Jr.
District Attorney General
P.O. Box 526
Blountsville, Tennessee 37617 0526
Gregory A. Newman
Asst District Attorney General
P.O. Box 526
Blountsville, Tennessee 37617 0526
Judge: Barker
First Paragraph:
The Appellant, Charles Randall Brown, appeals as of right the Sullivan
County Criminal Court's denial of probation or alternative sentencing
for his misdemeanor convictions of criminal trespass, theft of
property under $500.00 in value, and two counts of writing worthless
checks. We have reviewed the record on appeal and for the reasons
contained herein, we affirm the trial court's judgment denying
probation or alternative sentencing. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/BROWNCR_OPN.WP6
TERRY DAVIS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT Y. OAKS CHARLES W. BURSON
Office of the Public Defender Attorney General and Reporter
First Judicial District
Main Courthouse MICHAEL J. FAHEY, II
Elizabethton, TN 37643 Assistant Attorney General
450 James Robertson Parkway
On Appeal Only Nashville, TN 37243
GERALD L. GULLEY, JR.
Contract Appellant Defender DAVID CROCKETT
P. O. Box 1708 District Attorney General
Knoxville, TN 37901-1708
LISA NIDIFFER RICE
Assistant District Attorney
First Judicial District
Mountain City, TN 37683
Judge: SMITH
First Paragraph:
Appellant Terry Davis pled guilty in the Johnson County Criminal Court
to possession of a controlled substance in a penal institution. As a
Range II multiple offender, he received a sentence of eight years in
the Tennessee Department of Correction. The trial court ordered the
sentence served consecutively to his prior convictions. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/DAVIS_ORD.WP6
STATE OF TENNESSEE
vs.
JAMES IRVIN HARVEST
with CONCURRING OPINION
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
C. Michael Robbins John Knox Walkup
Assistant Public Defender Attorney General & Reporter
P.O. Box 700 500 Charlotte Avenue
Somerville, TN 38068 Nashville, TN 37243-0497
David S. Stockton Kathy Morante
Assistant Public Defender Deputy Attorney General
P.O. Box 700 450 James Robertson Parkway
Somerville, TN 38068 Nashville, TN 37243-0493
OF COUNSEL: Elizabeth T. Rice
District Attorney General
Gary F. Antrican 302 Market Street
District Public Defender Somerville, TN 38068
P.O. Box 700
Somerville, TN 38068 James V. Norwood
Asst District Attorney General
302 Market Street
Somerville, TN 38068
Judge: Jones
First Paragraph:
The appellant, James Irvin Harvest (defendant), was convicted of
murder second degree, a Class A felony, by a jury of his peers. The
trial court found the defendant was a mitigated offender and imposed a
Range I sentence consisting of confinement for fifteen (15) years in
the Department of Correction. In this Court, the defendant raises
numerous issues. After a thorough review of the record, the briefs
submitted by the parties, and the law governing the issues presented
for review, it is the opinion of this Court the trial court should
have granted the defendant's motion for funds to obtain an independent
psychiatrist to assist the defendant in the presentation of the
insanity defense. Thus, the judgment of the trial court is reversed
and this cause is remanded to the trial court for a new trial.
REVERSED AND REMANDED FOR A NEW TRIAL.
URL:http://www.tba.org/tba_files/TCCA/HARVESTJ_OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/HARVESTJ_CON.WP6
WILLIAM LYNN JOHNSON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIAM LYNN JOHNSON JOHN KNOX WALKUP
Pro Se Attorney General & Reporter
F.C.I. Memphis
P.O. Box 34550 (Beale Unit)
Memphis, TN 38184-0550 ELLEN H. POLLACK
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
JOHN W. PIEROTTI
District Attorney General
PAUL GOODMAN
Asst. District Attorney General
Third Floor
Criminal Justice Complex
201 Poplar
Memphis, TN 38103
Judge: WITT
First Paragraph:
The petitioner, William Lynn Johnson, appeals the Shelby County
Criminal Court's summary dismissal of his post-conviction petition.
The petitioner is currently incarcerated for convictions received in
federal court, and he contends his federal sentence was enhanced in
part based upon unconstitutional prior convictions in the state courts
of Tennessee. His post-conviction petition challenges those prior
Tennessee convictions. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/JOHNSONW2_OPN.WP6
KENNETH KERSEY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
PAULA OGLE BLAIR CHARLES W. BURSON
176 Second Avenue, North Attorney General and Reporter
Suite 406
Nashville, TN 37201 LISA A. NAYLOR
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
VICTOR S. JOHNSON
District Attorney General
NICHOLAS D. BAILEY
Asst District Attorney General
Washington Square, Suite 500
222 Second Avenue, North
Nashville, TN 37201-1649
Judge: WELLES
First Paragraph:
This is an appeal pursuant to Rule 3 of the Tennessee Rules of
Appellate Procedure. The Defendant filed a petition seeking habeas
corpus relief and alleged generally that his sentence was void and had
expired. Counsel was appointed, and an amended petition was filed.
After conducting an evidentiary hearing, the trial court denied
relief. It is from this order that the Defendant appeals. We affirm
the judgment of the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/KERSEYK_OPN.WP6
WENDELL KING, JR.
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
PAULA OGLE BLAIR CHARLES W. BURSON
176 Second Avenue, North Attorney General and Reporter
Suite 406
Nashville, TN 37201 LISA A. NAYLOR
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
VICTOR S. (TORRY) JOHNSON III
District Attorney General
RONALD E. MILLER
Asst. District Attorney General
Washington Square, Suite 500
222-2nd Avenue, North
Nashville, TN 37201-1649
Judge: Hayes
First Paragraph:
The appellant, Wendell King, Jr., appeals the Davidson County Criminal
Court's dismissal of his petition for post-conviction relief.
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/KING_OPN.WP6
FREDDIE LEE MANS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
FREDDIE LEE MANS JOHN KNOX WALKUP
Pro Se Attorney General & Reporter
F.C.I. Memphis
P.O. Box 34550 (Tennessee)
Memphis, TN 38184-0550 SARAH M. BRANCH
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
JOHN W. PIEROTTI
District Attorney General
C. ALANDA HORNE
Asst. District Attorney General
Third Floor
Criminal Justice Complex
201 Poplar
Memphis, TN 38103
Judge: WITT
First Paragraph:
The petitioner, Freddie Lee Mans, appeals the Shelby County Criminal
Court's summary dismissal of his post-conviction petition. The
appellant is currently incarcerated for a conviction received in
federal court, and he contends his federal sentence was enhanced in
part based upon unconstitutional prior convictions in the state courts
of Tennessee. His post conviction petition challenges those prior
Tennessee convictions. AFFIRMED AS MODIFIED.
URL:http://www.tba.org/tba_files/TCCA/MANSFL_OPN.WP6
FREDDIE LEE MANS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Shara Ann Flacy John Knox Walkup
District Public Defender Attorney General and Reporter
209 W. Madison Street
Pulaski, TN 38478 Daryl J. Brand
(At trial) Assistant Attorney General
450 James Robertson Parkway
John Damron Nashville, TN 37243-0493
Assistant Public Defender
209 W. Madison Street
Pulaski, TN 38478 Michael T. Bottoms
(At trial) District Attorney General
John E. Herbison Robert C. Sanders
2016 Eighth Avenue South Assistant District Attorney
Nashville, TN 37204 10 Public Square
(On appeal) P.O. Box 1619
Columbia, TN 38402
Judge: Barker
First Paragraph:
The appellant, Steve Mason, appeals as of right his convictions in the
Maury County Circuit Court of first degree premeditated murder and
attempted first degree premeditated murder. He was sentenced to life
in prison for the first degree murder conviction and received a sixty
(60) year consecutive sentence as a career offender on the attempted
offense. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/MASONS_OPN.WP6
JOHNNY PERRY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
A.C. WHARTON, JR. JOHN KNOX WALKUP
Public Defender Attorney General & Reporter
WALKER GWINN (appeal) M. ALLISON THOMPSON
Assistant Public Defender Assistant Attorney General
Criminal Justice Division
KEVIN CHILDRESS (hearing) 450 James Robertson Parkway
Assistant Public Defender Nashville, TN 37243-0493
201 Poplar, Second Floor
Memphis, TN 38103 JOHN PIEROTTI
District Attorney General
KAREN COOK
Asst. District Attorney General
201 Poplar, Third Floor
Memphis, TN 38301
Judge: WITT
First Paragraph:
The petitioner, Johnny Perry, appeals the Shelby County Criminal
Court's denial of post-conviction relief. The petitioner is presently
serving a 15 year sentence in the Tennessee Department of Correction
for his 1992 conviction of second degree murder. That conviction was
affirmed by this court in 1994. State v. Johnny Perry, No.
02C01-9307-CR-00149 (Tenn. Crim. App., Jackson, Sept. 28, 1994), perm.
app. denied (Tenn. 1995). In his post conviction petition, the
petitioner alleged he was denied the effective assistance of counsel
in this prosecution. In a thoughtful and well-reasoned opinion, Judge
L.T. Lafferty dismissed the petitioner's post-conviction claim after
counsel was appointed and a hearing was held, finding the petitioner
failed to carry his burden of proving his trial counsel's alleged
ineffectiveness. On appeal, the petitioner contends the trial court
erred in this determination. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/PERRYJ_OPN.WP6
STATE OF TENNESSEE
ELDRED REID
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Gerald L. Melton John Knox Walkup
District Public Defender Attorney General and Reporter
201 W. Main Street, Suite 101 450 James Robertson Parkway
Murfreesboro, Tennessee 37130 Nashville, Tennessee 37243 0493
Jeannie A. Kaess Janis L. Turner
Assistant Public Defender Assistant Attorney General
201 W. Main Street, Suite 101 450 James Robertson Parkway
Murfreesboro, Tennessee 37130 Nashville, Tennessee 37243 0493
Russell N. Perkins William C. Whitesell, Jr.
Assistant Public Defender District Attorney General
201 W. Main Street, Suite 101 303 Rutherford County Judicial Bldg.
Murfreesboro, Tennessee 37130 Murfreesboro, Tennessee 37130
Dale T. Robinson
Asst District Attorney General
303 Rutherford Cty Judicial Bldg.
Murfreesboro, Tennessee
Judge: Barker
First Paragraph:
The Appellant, Eldreid Reid, appeals as of right his conviction and
sentence for one count of rape. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/REIDE_OPN.WP6
STATE OF TENNESSEE
vs.
MICHAEL WAYNE ROBEY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
David Allen Doyle Charles W. Burson
District Public Defender Attorney General & Reporter
Pamela E. Beck Karen M. Yacuzzo
Deputy Public Defender Assistant Attorney General
117 East Main Street Criminal Justice Division
Gallatin, TN 37066 450 James Robertson Parkway
Nashville, TN 37243-0493
Lawrence Ray Whitley
District Attorney General
C. Wayne Hyatt
Assistant District Attorney General
113 West Main Street
Gallatin, TN 37066
Judge: SUMMERS
First Paragraph:
The appellant, Michael Wayne Robey, was indicted on two counts of
aggravated burglary and two counts of theft. As part of a plea
agreement, the two theft charges were dismissed; and he pled guilty to
two counts of aggravated burglary. The appellant was classified as a
Range II, multiple offender and the state recommended concurrent
sentences of seven years at 35%. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/ROBEYMW_OPN.WP6
STATE OF TENNESSEE
vs.
JIMMY RAY ROBINSON
Court:TCCA
Attorneys:
For Appellant: For Appellee:
G. Stephen Davis Charles W. Burson
District Public Defender Attorney General & Reporter
208 North Mill Avenue
P.O. Box 742 Susan Rosen
Dyersburg, TN 38025-0742 Counsel for the State
450 James Robertson Parkway
Nashville, TN 37243-0493
C. Phillip Bivens
District Attorney General
P.O. Drawer D
Dyersburg, TN 38024
Judge: WADE
First Paragraph:
The defendant, Jimmy Ray Robinson, was convicted of possession of
cocaine with intent to sell. The trial court imposed a sentence of
ten years to be served consecutively to prior sentences and fined the
defendant $2,000. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/ROBINSON_OPN.WP6
JOHN W. SMITH
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
G. Stephen Davis Charles W. Burson
District Public Defender Attorney General & Reporter
208 North Mill Avenue
P.O. Box 742 Susan Rosen
Dyersburg, TN 38025-0742 Counsel for the State
450 James Robertson Parkway
Nashville, TN 37243-0493
C. Phillip Bivens
District Attorney General
P.O. Drawer D
Dyersburg, TN 38024
Judge: WADE
First Paragraph:
This case came to be heard on the motion of the state for an
affirmance of the judgment of the trial court under Rule 20, Tennessee
Court of Criminal Appeals Rules. Based on our review of the state's
motion, the appellant's brief, and the record in this cause, we
conclude that this is an appropriate case for affirmance under Rule
20. AFFIRMED.
URL:
STATE OF TENNESSEE
vs.
SHADE T. UNDERWOOD, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
SHADE T. UNDERWOOD, JR. JOHN KNOX WALKUP
Pro Se Attorney General & Reporter
#94450 Unit 8-233 N.E.C.C.
P.O. Box 5,000 CLINTON J. MORGAN
Mountain City, TN 37683-5000 Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243 0493
CHARLES E. HAWK, JR.
District Attorney General
P.O. Box 703
Kingston, Tennessee 37763
Judge: RILEY
First Paragraph:
Pro se petitioner, Shade T. Underwood Jr., appeals the trial court's
denial of post-conviction relief. In 1981, petitioner was convicted
of murder and sentenced to 99 years. Petitioner attacks the legality
of his sentence claiming that he could only have received a life
sentence in 1981. Dismissing the petition without an evidentiary
hearing, the trial court ruled the defendant's claim was time-barred.
We affirm the judgment of the trial court. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/UNDERWOO_OPN.WP6
STATE OF TENNESSEE,
vs.
GUSSIE WILLIS VANN
with CONCURRING OPINION
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
KENNETH MILLER JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
P.O. Box 191
Cleveland, TN 37364-0191 MICHAEL E. MOORE
(At Trial) Solicitor General
ASHLEY L. OWNBY KATHY MORANTE
Attorney at Law Deputy Attorney General
180 N. Ocoee Street
P.O. Box 176 JOHN P. CAULEY
Cleveland, TN 37364-0176 Assistant Attorney General
(At Trial and On Appeal) 450 James Robertson Parkway
Nashville, TN 37243-0493
BROCK MEHLER JERRY N. ESTES
Attorney at Law District Attorney General
751 Roycroft Place 203 East Madison Avenue
Nashville, TN 37203 P.O. Box 647
(On Appeal) Athens, TN 37371
Judge: WOODALL
First Paragraph:
In this capital case, Gussie Willis Vann appeals as of right pursuant
to Rule 3 of the Tennessee Rules of Appellate Procedure. The
Defendant, Gussie Willis Vann, and his wife, Bernice Vann, were
together charged in a six (6) count indictment with premeditated first
degree murder, felony murder (committed in the perpetration of rape),
two (2) counts of rape of a child, and two (2) counts of incest.
Prior to the Defendant's trial, upon motion of Bernice Vann, the trial
of Ms. Vann was severed from that of the Defendant. The Defendant's
trial was held first, and at the close of all proof, the State elected
to dismiss the premeditated murder count. Following jury
deliberation, the Defendant was convicted of felony murder and two (2)
counts of incest. Co-defendant Bernice Vann later pled guilty to
accessory after the fact to felony murder, facilitation to commit
aggravated rape, and aggravated child abuse and neglect and received a
total sentence of twenty-five (25) years. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/VANNGW_OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/VANNGW_CON.WP6
BARRY WELLS
vs.
RONNIE RICKARD
with CONCURRING OPINION
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Robert H. Hutton John Knox Walkup
Attorney at Law Attorney General & Reporter
1700 One Commerce Square 500 Charlotte Avenue
Memphis, TN 38103 Nashville, TN 37243-0497
Ellen H. Pollack
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Elizabeth T. Rice
District Attorney General
302 Market Street
Somerville, TN 38068
Mark E. Davidson
Asst District Attorney General
302 Market Street
Somerville, TN 38068
Judge: Jones
First Paragraph:
The appellant, Barry Wells (petitioner), appeals as of right from a
judgment of the trial court refusing to void his conviction for theft
under $500 on the ground the general sessions judge who tried and
sentenced him was a lay judicial officer. In this Court, the
petitioner contends he was entitled to have a judge licensed to
practice law sit in judgment of him. After a thorough review of the
record, the briefs submitted by the parties, and the law governing the
issue presented for review, it is the opinion of this Court the
judgment of the trial court should be affirmed. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/WELLSB_OPN.WP6
URL:http://www.tba.org/tba_files/TCCA/WELLSB_CON.WP6
STATE OF TENNESSEE
vs.
JOHN CLAUDE WELLS, III
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Jeffrey A. DeVasher John Knox Walkup
Senior Asst. Public Defender Attorney General & Reporter
1202 Stahlman Building 450 James Robertson Parkway
Nashville, TN 37201-5066 Nashville, TN 37243-0497
(On Appeal)
Charlotte H. Rappuhn
Ross E. Alderman Assistant Attorney General
Deputy Public Defender 450 James Robertson Parkway
1202 Stahlman Building Nashville, TN 37243-0493
Nashville, TN 37201-5066
(At Trial) Victor S. Johnson, III
District Attorney General
Jefferson Dorsey 222 Second Avenue N, Suite 500
Assistant Public Defender Nashville, TN 37201-1649
1202 Stahlman Building
Nashville, TN 37201-5066 Lila J. Statom
(At Trial) Asst District Attorney General
222 Second Avenue North, Suite 500
OF COUNSEL: Nashville, TN 37201-1649
Karl Dean
District Public Defender Charles Carpenter
1202 Stahlman Building Asst District Attorney General
Nashville, TN 37201-5066 222 Second Avenue N, Suite 500
Nashville, TN 37201-1649
Judge: Jones
First Paragraph:
The appellant, John Claude Wells, III, (defendant), was convicted of
nine (9) counts of aggravated sexual battery, a Class B felony, by a
jury of his peers. The trial court, finding the defendant to be a
standard offender, imposed a Range I sentence consisting of
confinement for ten (10) years in the Department of Correction in each
of the nine counts. The sentences must be served consecutively. The
effective sentence imposed was confinement for ninety (90) years in
the Department of Correction. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/WELLSJC_OPN.WP6
STATE OF TENNESSEE
vs.
DERENZY TURNER and
VERNON WEST
Court:TCCA
Attorneys:
FOR THE APPELLANTS: FOR THE APPELLEE:
Turner: CHARLES W. BURSON
WILLIAM C. GOSNELL Attorney General and Reporter
3074 East Street
Memphis, TN 38128 ROBIN L. HARRIS
Assistant Attorney General
West: 450 James Robertson Parkway
RANDALL B. TOLLEY Nashville, TN 37243-0493
242 Poplar Avenue
Memphis, TN 38103 JOHN W. PIEROTTI
District Attorney General
REGINALD R. HENDERSON
PHILLIP GERALD HARRIS
Asst District Attorneys General
201 Poplar Avenue
Suite 301
Memphis, TN 38103-1947
Judge: CLARK
First Paragraph:
Defendant Derenzy Turner was indicted for first degree premeditated
murder, murder in the perpetration of a robbery, and attempted
aggravated robbery. Defendant John Donald was indicted for the same
offenses. Defendant Vernon West was indicted for first degree
premeditated murder and murder in the perpetration of a robbery.
Donald's case was severed from that of his co-defendants. Defendants
Turner and West were tried together. AFFIRMED IN PART AND REVERSED IN
PART.
URL:http://www.tba.org/tba_files/TCCA/WEST2_OPN.WP6
STATE OF TENNESSEE
vs.
JOE ED YORK, SHEILA YORK,
ELLEN YORK, GEORGE YORK,
and LISA PATTERSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE LISA PATTERSON:
JOHN KNOX WALKUP ANDY COREA
Attorney General & Reporter 136 S. Illinois Ave., Suite 104
Oak Ridge, TN 37830
MICHAEL J. FAHEY, II
Asst. Attorney General FOR THE APPELLEE SHEILA YORK:
450 James Robertson Pkwy.
Nashville, TN 37243-0493 MART S. CIZEK
245 N. Main St., Suite 100
JAMES N. RAMSEY Clinton, TN 37716
District Attorney General
FOR THE APPELLEE JOE ED YORK:
JAN HICKS
Asst. District Attorney General KATHY KROEGER
127 Anderson County Courthouse 101 S. Main St., Suite 450
Clinton, TN 37716 Clinton, TN 37716
FOR THE APPELLEE GEORGE YORK:
LAURA WEBB
101 S. Main St., Suite 322-B
Clinton, TN 37716
Judge: PEAY
First Paragraph:
The defendants were indicted in January 1996 for possession of
marijuana with intent to sell. They filed a motion to suppress all of
the evidence discovered through a search warrant. After a hearing,
the trial court granted the defendants' motion. The State now
appeals. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/YORKJE_OPN.WP6
EDMUND GEORGE ZAGORSKI
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
SAMUEL L. FELKER CHARLES W. BURSON
JOSEPH F. WELBORN, III Attorney General and Reporter
2700 First American Center
Nashville, TN 37238-2700 AMY L. TARKINGTON
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
GLENN R. PRUDEN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
LAWRENCE RAY WHITLEY
District Attorney General
DEE DAVID GAY
Asst District Attorney General
202 McClellan Building
Gallatin, TN 37066
Judge: RILEY
First Paragraph:
Petitioner, Edmund George Zagorski, appeals from the dismissal of his
post-conviction relief petition. He was previously convicted of two
(2) counts of first degree murder and sentenced to death by
electrocution. Zagorski contends the trial court erred in dismissing
his petition for post-conviction relief. AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/ZAGORSKI_OPN.WP6
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