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RONALD WADE ALLEN vs. BOSCH/GENERAL ELECTRIC, d/b/a B.G.A.M., INC Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Michael W. Edwards Judith E. Beasley Hendersonville, TN Nashville, TN Judge: MADDUX First Paragraph: The dispositive issue before us is whether the chancellor erred in dismissing plaintiff's suit for benefits due to plaintiff's failure to provide timely notice of his injury to the employer as required by Tenn. Code Ann. S50 6-201. For the reasons set forth below, we affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/allenrw_opn.WP6 SARAH ARCHIE vs. S & R OF TENNESSEE, a/k/a SIEGEL ROBERT OF TENNESSEE and ITT HARTFORD INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: FOR APPELLANT: FOR APPELLEE: William B. Walk, Jr. Lisa June Cox The Hardison Law Firm Jackson, Tennessee Memphis, Tennessee Judge: Lanier First Paragraph: As stated by counsel for the appellant in oral argument, this appeal raises only one issue: Whether the evidence preponderates against the trial court's award of thirty percent (30%) permanent partial disability to the left arm and fifteen percent (15%) permanent partial disability to the right arm. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/ARCHIE_OPN.WP6 JANICE FARMER vs. S & R OF TENNESSEE, a/k/a SIEGEL ROBERTS OF TENNESSEE and ITT HARTFORD INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: FOR APPELLANT: FOR APPELLEE: William B. Walk, Jr. Lisa June Cox The Hardison Law Firm Jackson, Tennessee Memphis, Tennessee Judge: Lanier First Paragraph: As a result of developing bilateral carpal tunnel syndrome, the claimant was referred by her employer to Dr. William L. Bourland for treatment. Dr. Bourland performed surgery in the form of carpal tunnel releases to each hand, on April 12 and April 26, 1994, respectively. Dr. Bourland was of the opinion that she had no permanent impairment to her left hand and five percent (5%) impairment to her right hand as a result of the condition and surgery. She returned to work with the same employer at the same wage. Some fourteen months later, she was referred by her attorney to Dr. Robert Christopher of Memphis for evaluation of her continuing complaints. Dr. Christopher examined her and gave her some tests and opined that she had a ten percent (10%) impairment of each upper extremity, which, based upon his reference to the AMA Guides to the Evaluation of Permanent Impairment, 4th Ed., translated to nineteen percent (19%) of the "combined values tables," and converts to an eleven percent (11%) impairment to the body as a whole. He felt that she should avoid any kind of work that required repeated wrist bending, either flexion or extension, and felt that bending her wrists many, many times per hour would be placing her at risk for further problems with her hands. He said that she should avoid jobs that require her to do repeated lifting of objects weighing more than twenty pounds, as well as pushing or pulling objects weighing more than twenty pounds and should avoid work that requires her to lift her arms above her shoulder height on a repeated basis. He said that she should not do work that required her to do severe exertion with her hands, such as squeezing tools or opening jars, or things of that sort, several times an hour. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/FARMER_OPN.WP6 GARY KEITH HIGGINBOTHAM vs. GRINNELL CORPORATION Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: P. Allen Phillips T. Verner Smith Waldrop and Hall, P.A. Jackson, Tennessee Jackson, Tennessee Judge: Lanier First Paragraph: The first issue for this panel to decide is whether or not this action is barred by the limitations contained within the Workers' Compensation Act, T.C.A. S 50-6-203 and S 50-6-224. Those sections read as follows: 50-6-203. Limitation of Time. - The right to compensation under the Workers' Compensation Law shall be forever barred, unless within one (1) year after the accident resulting the injury or death occurred the notice required by Section 50-6-202 is given the employer and a claim for compensation under the provisions of this Chapter is filed with the Tribunal having jurisdiction to hear and determine the matter; provided, that if within the one (1) year period voluntary payments of compensation are paid to the injured person or the injured person's dependents, an action to recover any unpaid portion of the compen- sation, payable under this Chapter, may be instituted within one (1) year from the time the employer shall cease making such payments, except in those cases provided for by [the provisions on lump sum settlements]. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/HIGGINB_OPN.WP6 PAUL WAYNE KING vs. GOODYEAR TIRE & RUBBER COMPANY Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: Randy N. Chism Jeffrey A. Garrety Union City, Tennessee Garrety & Sanders Jackson, Tennessee Judge: Lanier First Paragraph: The first issue presented on this appeal is whether or not the requirements of T.C.A. S 50-6-241, limiting an award of permanent partial disability to 2 times the medical impairment rating, should have been applied to the award in this case. AFFIRMED AS MODIFIED. URL:http://www.tba.org/tba_files/TSC_WCP/KING_OPN.WP6 RONALD GRANT MERRIMAN vs. DEKALB COUNTY HIGHWAY DEPARTMENT and AETNA CASUALTY INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHRISTOPHER L. CANTRELL WILLIAM B. JAKES, III 301 North Public Square ALICE MARGARET ESSARY Smithville, Tennessee 37166 HOWELL & FISHER 300 James Robertson Parkway Court Square Building Nashville, TN 37201 Judge: RUSSELL First Paragraph: This claim arises out of an alleged back injury to Ronald Grant Merriman, an employee of the DeKalb County Highway Department, which is claimed to have occurred from operating a jack-hammer on April 10, 1991. Suit was not filed until October 18, 1994. The statute of limitations was relied upon as a defense, and the suit was dismissed upon that ground. There apparently was no notice of the claimed injury until this suit was filed, but because that fact was not set out as a defense in the Answer the trial court did not predicate dismissal on that ground. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/merrirg_opn.WP6 SHARON RIVERS vs. CIGNA PROPERTY AND CASUALTY COMPANIES Court:TSC - Workers Comp Panel Attorneys: FOR APPELLANT: FOR APPELLEE: Robert O. Binkley, Jr. Steve Taylor Rainey, Kizer, Butler, Memphis, Tennessee Reviere & Bell Jackson, Tennessee Judge: Lanier First Paragraph: The first issue presented to the Court is whether or not the trial court erred in finding that the plaintiff was entitled to benefits for permanent partial disability based upon fifty percent (50%) to the left lower extremity. AFFIRMED AS MODIFIED. URL:http://www.tba.org/tba_files/TSC_WCP/RIVERS_OPN.WP6 SHIRLEY WILLIAMS vs. SWEETWATER HOSPITAL ASSOCIATION Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: John W. Cleveland Lynn C. Peterson Cleveland & Cleveland Wimberly Lawson Norton & Luhn, PLLC 120 W. Morris Street P. O. Box 2467 Sweetwater, Tennessee 37874 Knoxville, Tennessee 37901-2467 Judge: BYERS First Paragraph: Plaintiff alleged a work-related aggravation of a pre-existing non-work related back condition. She alleged that medical expenses and temporary total disability benefits had been paid by the employer but sought permanent partial disability, future medical expenses and discretionary costs. AFFIRMED. URL:http://www.tba.org/tba_files/TSC_WCP/WILLIAMSS_OPN.WP6 DANNY JOE COLE vs. RICKY BELL, Warden Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Geoffrey Coston John Knox Walkup Attorney at Law Attorney General & Reporter 2813 West End Avenue 500 Charlotte Avenue Nashville, TN 37203 Nashville, TN 37243-0497 Daryl J. Brand Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Victor S. Johnson, III District Attorney General Washington Square, Suite 500 222 Second Avenue, North Nashville, TN 37201-1649 Katrin N. Miller Asst District Attorney General Washington Square, Suite 500 222 Second Avenue, North Nashville, TN 37201-1649 Judge: Jones First Paragraph: The appellant, Danny Joe Cole (petitioner), appeals as of right from a judgment of the trial court dismissing his suit for the writ of habeas corpus. While the trial court addressed the merits of the grounds set forth in the petition, the court concluded the judgment was at best voidable, not void, and the remedy of habeas corpus was not available to the petitioner to attack the sentences previously imposed. In this Court, the petitioner contends the Tennessee Criminal Sentencing Reform Act of 1989 violates Article II, Section 2, the Separation of Powers Clause, of the Tennessee Constitution; and the Act is inconsistent with the determinate sentencing provisions contained in the Act. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/COLEDJ_OPN.WP6 STATE OF TENNESSEE vs. WILLARD C. COOK, SR with SEPARATE CONCURRING & DISSENTING OPINION Court:TCCA Attorneys: For the Appellant: For the Appellee: Robert S. Peters Charles W. Burson 100 First Avenue, S.W. Attorney General of Tennessee Winchester, TN 37398 and Sharon S. Selby Asst Attorney General of Tennessee 450 James Robertson Parkway Nashville, TN 37243-0493 C. Michael Layne District Attorney General and Stephen E. Weitzman Asst District Attorney General 307 S. Woodland P.O. Box 147 Manchester, TN 37355 Judge: Tipton First Paragraph: The defendant, Willard C. Cook, Sr., was convicted by a jury in the Coffee County Circuit Court of driving while under the influence of an intoxicant. He was sentenced to eleven months, twenty-nine days in jail, to be suspended upon serving two hundred forty hours in confinement, and fined three hundred fifty dollars. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/COOK-WC_OPN.WP6 URL:http://www.tba.org/tba_files/TCCA/COOK-WC_CON.WP6 AMOS CURTIS COPENY vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Geoffrey Coston John Knox Walkup 2813 West End Avenue Attorney General and Reporter Nashville, TN 37203 Daryl J. Brand Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Victor S. Johnson, III District Attorney General Pamela S. Anderson Assistant District Attorney Washington Square, Suite 500 222 Second Avenue, North Nashville, TN 37201 Judge: Barker First Paragraph: The appellant, Amos Curtis Copeny, appeals as of right the denial by the Davidson County Criminal Court of his petition for a writ of habeas corpus. The petition alleges that appellant is serving a sixty (60) year sentence as a career offender for a 1991 second degree murder conviction. He argues in his petition that the statutory sentencing scheme violates the separation of powers clause of the Tennessee Constitution. See Tenn. Const. art. II, SS1 & 2. He also contends that the sentencing statutes violate the prohibition against indeterminate sentences. See Tenn. Code Ann. S40-35-211 (1990). We affirm the trial court's denial of appellant's petition pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/COPENYAC_OPN.WP6 DEBBIE LEE GIVENS vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SAM E. WALLACE, SR. JOHN KNOX WALKUP -and- Attorney General & Reporter SAM E. WALLACE, JR. 227 Second Ave. North CLINTON J. MORGAN Nashville, TN 37201 Counsel for the State 450 James Robertson Pkwy. Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General NICHOLAS D. BAILEY Asst. District Attorney General 222 Second Ave. North Washington Square, Suite 500 Nashville, TN 37201 Judge: PEAY First Paragraph: A jury convicted the petitioner of aggravated assault on December 9, 1992. After a hearing, she was sentenced as a Range II multiple offender to ten years. On December 4, 1995, the petitioner filed for post-conviction relief. An evidentiary hearing was held, and the post-conviction court dismissed her petition. It is from this dismissal that she now appeals. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/GIVENSDL_OPN.WP6 STATE OF TENNESSEE vs. JOHNNY R. GOODE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: EDWARD WITT CHANDLER JOHN KNOX WALKUP 2025 Mt. Moriah Rd., Ste. A-100 Attorney General & Reporter Memphis, Tennessee 38115 PETER M. COUGHLAN Assistant Attorney General 450 James Robertson Parkway Nashville, Tennessee 37243 0493 WILLIAM L. GIBBONS District Attorney General PATIENCE BRANHAM Asst District Attorney General Criminal Justice Complex 201 Poplar, Ste. 301 Memphis, Tennessee 38103 Judge: RILEY First Paragraph: The defendant, Johnny R. Goode, appeals as of right a jury conviction of voluntary manslaughter. He was sentenced to four (4) years at the Shelby County Correctional Center and fined $10,000. He presents three issues for our review: 1) whether the trial court correctly refused to suppress the defendant's statement; 2) whether the evidence is sufficient to sustain the voluntary manslaughter conviction; and 3) whether the trial court properly denied the defendant probation. The judgment of the trial court is AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/GOODEJR_OPN.WP6 BRYAN R. HANLEY vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR APPELLANT: FOR APPELLEE (STATE): DALE M. QUILLEN RONALD L. DAVIS Attorney at Law and 95 White Bridge Rd. DEREK K. SMITH Suite 208 Assistant Dist. Attorneys General Nashville, TN 37205 P.O. Box 937 Franklin, TN 37065-0937 JOHN KNOX WALKUP Attorney General and Reporter CHARLOTTE H. RAPPUHN Assistant State Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 LISA A. NAYLOR Legal Assistant Office of State Attorney General Judge: RUSSELL First Paragraph: The appellant, Bryan R. Hanley, appeals from his August 12, 1994, convictions by jury verdict of the premeditated first degree murder of Timothy Tanner and the Class D felony grade theft of property. Hanley received a life sentence for the murder and a concurrent three year sentence, plus a two thousand dollar fine, for the theft conviction. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/HANLEY_WPO.WP6 STATE OF TENNESSEE vs. ANTONIO DEMONTE LYONS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHARLES GALBREATH JOHN KNOX WALKUP 211 Union St., Suite 901 Attorney General & Reporter Nashville, TN 37201 EUGENE J. HONEA Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General WILLIAM REED Asst District Attorney General Washington Square, Suite 500 222 Second Ave. N. Nashville, TN 37201-1649 Judge: WITT First Paragraph: The appellant, Antonio Demonte Lyons, pleaded guilty in Davidson County Criminal Court to second-degree murder, a Class A felony, for which he received a Range II sentence of forty years. He now appeals from the trial court's order denying his motion to set aside his guilty plea. AFFIRMED IN PART AND VACATED IN PART AND REMANDED. URL:http://www.tba.org/tba_files/TCCA/LYONS-AD_OPN.WP6 TONY A. MAKOKA vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RUSS EAGLE (Appeal) JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 401 W. Main St. Murfreesboro, TN 37130 DARYL J. BRAND Assistant Attorney General JACK G. HEFFINGTON (Hearing) Criminal Justice Division Attorney at Law 450 James Robertson Parkway 520 S. Church St. Nashville, TN 37243-0493 Murfreesboro, TN 37130 WILLIAM C. WHITESELL, JR. District Attorney General Rutherford Co. Judicial Bldg. Murfreesboro, TN 37130 Judge: WITT First Paragraph: The petitioner, Tony A. Makoka, appeals the Rutherford County Circuit Court's denial of post-conviction relief. The petitioner was convicted by a jury of his peers of attempted first degree murder of his paramour, Jane Rhodes, and attempted second degree murder of her friend, Dwight Cooper, following a car chase and shooting incident which ended on the steps of the Murfreesboro Police Department. The petitioner is serving concurrent 20 year and 10 year sentences for these convictions. State v. Makoka, 885 S.W.2d 366 (Tenn. Crim. App. 1994). In this appeal, the petitioner raises four issues pertaining to ineffective assistance of counsel -- (1) failure to move for suppression of evidence obtained pursuant to a warrantless search, (2) failure to adequately investigate, (3) failure to object to the prosecution's characterizations of the petitioner's wife as untruthful, and (4) that counsel prevented the petitioner from testifying in support of his defense. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/MAKOKATA_OPN.WP6 STATE OF TENNESSEE vs. CHARLES J. MITCHELL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: B. KEITH WILLIAMS JOHN KNOX WALKUP 102 East Main St. Attorney General & Reporter Lebanon, TN 37087 PETER COUGHLAN Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 TOM P. THOMPSON, JR. District Attorney General 203 Greentop St. P.O. Box 178 Hartsville, TN 37074-0178 DOUGLAS HALL Asst District Attorney General 111 Cherry St. Lebanon, TN 37087 Judge: WITT First Paragraph: The appellant, Charles J. Mitchell, pleaded guilty on September 22, 1995 in the Wilson County Criminal Court to a single count of aggravated robbery, a Class B felony. The trial court accepted his plea which included a Range II sentence of twelve years in the Tennessee Department of Correction. On October 24, 1995, the appellant filed a pro se motion to withdraw his guilty plea. The trial court appointed counsel, and after a brief hearing on the motion, denied Mitchell's motion. Pursuant to Rule 3, Tennessee Rules of Appellate Procedure, Mitchell appeals that denial contending first, that he was forced to enter his plea by the state's failure to preserve exculpatory evidence, and, second, that he agreed to the plea because he thought the issue of failing to preserve exculpatory evidence would be appealed according to either Rule 10 of the Tennessee Rules of Appellate Procedure or Rule 37 of the Tennessee Rules of Criminal Procedure. APPEAL DISMISSED. URL:http://www.tba.org/tba_files/TCCA/MITCHELJ_OPN.WP6 STATE OF TENNESSEE vs. SHANNON W. POTTER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JAMES V. BALL JOHN KNOX WALKUP 217 Exchange Avenue Attorney General and Reporter Memphis, TN 38105 KENNETH W. RUCKER Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-4351 WILLIAM L. GIBBONS District Attorney General THOMAS D. HENDERSON PERRY HAYES Asst District Attorney General 201 Poplar Avenue, 3rd Floor Memphis, TN 38103 Judge: RILEY First Paragraph: Defendant, Shannon W. Potter, was convicted by a Shelby County jury of two (2) counts of aggravated assault and sentenced to concurrent terms of three (3) years. The sole issue for our review is whether the trial court erred in denying probation. We affirm the denial of probation. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/POTTERSW_OPN.WP6 STATE OF TENNESSEE vs. MARSHALL L. SCRUGGS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Pamela E. Beck John Knox Walkup Assistant Public Defender Attorney General & Reporter 117 East Main Street, Suite 2C 500 Charlotte Avenue Gallatin, TN 37066 Nashville, TN 37243-0497 (Appeal Only) Daryl J. Brand Nancy B. Meyers Assistant Attorney General Assistant Public Defender 450 James Robertson Parkway 117 East Main Street, Suite 2C Nashville, TN 37243-0493 Gallatin, TN 37066 (Trial Only) Lawrence Ray Whitley District Attorney General OF COUNSEL: 113 Main Street Gallatin, TN 37066-2803 David A. Doyle District Public Defender Dee D. Gay 117 East Main Street, Suite 2C Asst District Attorney General Gallatin, TN 37066 113 Main Street Gallatin, TN 37066-2803 Judge: Jones First Paragraph: The appellant, Marshall L. Scruggs (defendant), appeals as of right from a judgment of the trial court revoking his community corrections sentence and requiring him to serve the sentence previously imposed by the court. In this Court, the defendant contends the trial court abused its discretion by revoking his probation. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/SCRUGGSM_OPN.WP6 MONTRO TAYLOR vs. STATE OF TENNESSEE Court:TCCA First Paragraph: This matter is before the Court upon the state's motion requesting that the judgment in the above-styled cause be affirmed pursuant to Rule 20, Rules of the Court of Criminal Appeals. In 1976, the petitioner and a co defendant were convicted of murder in the perpetration of a robbery, as well as the underlying robbery. On appeal, the Supreme Court affirmed the felony murder convictions but reversed the robbery convictions because of double jeopardy considerations. Briggs v. State, 573 S.W.2d 157 (Tenn. 1978). The sentence for each murder conviction remained at one hundred ninety-nine (199) years. URL:http://www.tba.org/tba_files/TCCA/TAYLOR-M_ORD.WP6 STATE OF TENNESSEE vs. WILLIAM J. TAYLOR Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Michie Gibson, Jr. Charles W. Burson 1416 Parkway Towers Attorney General and Reporter Nashville, TN 37219 Michael J. Fahey, II Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 William Whitesell District Attorney General Paul A. Holcombe, III Asst District Attorney General Thomas F. Jackson Asst District Attorney General Third Floor, Judicial Building Murfreesboro, TN 37130 Judge: LAFFERTY First Paragraph: The appellant, pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure, has filed an appeal from his conviction by a jury in the Circuit Court of Rutherford County, TN, on February 2, 1995, for the offense of rape of a child. The appellant, referred to as the defendant, was sentenced to the Department of Correction, in cause No. 29872 for a period of twenty-two (22) years. The defendant discharged his trial counsel and hired substitute counsel for the purpose of a motion for a new trial and an appeal. The defendant, through his newly retained counsel, filed a motion for a new trial on the single ground of ineffective assistance of counsel. The defendant alleges nineteen (19) grounds as to the denial of effective assistance of counsel, pursuant to the 6th Amendment of the United States Constitution and Art. 1, S 9 of the Tennessee Constitution. REVERSED AND REMANDED FOR NEW TRIAL. URL:http://www.tba.org/tba_files/TCCA/TAYLOR_DOC.WP6 STATE OF TENNESSEE vs. MARTIN THOMAS TERRELL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: C. MICHAEL ROBBINS (on appeal) JOHN KNOX WALKUP 202 S. Maple Street, Ste. C Attorney General & Reporter Covington, Tennessee 38019 DEBORAH A. TULLIS GARY F. ANTRICAN (trial only) Assistant Attorney General District Public Defender 450 James Robertson Parkway P.O. Box 700 Nashville, TN 37243-0493 Somerville, Tennessee 38068 ELIZABETH T. RICE DAVID S. STOCKTON (trial only) District Attorney General Assistant Public Defender 131 A Industrial Road WALTER FREELAND Covington, Tennessee 38019 Asst District Attorney General 302 Market St. Somerville, Tennessee 38068 Judge: RILEY First Paragraph: The defendant, Martin Thomas Terrell, appeals as of right a jury conviction of aggravated kidnapping, burglary, reckless endangerment with a deadly weapon, and driving on a revoked or suspended license. Although the defendant poses the issue solely as insufficiency of the evidence for the aggravated kidnapping conviction, there are two true issues presented for our review: 1) whether his constitutional right to due process was violated when the District Attorney General chose to indict upon especially aggravating kidnapping instead of attempted aggravated robbery; and 2) whether the evidence is sufficient to sustain the aggravated kidnapping conviction. Finding no error, the judgment of the trial court is AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/TERRELLM_OPN.WP6 STATE OF TENNESSEE vs. LORENE E. WEAKLEY, and ROBERT APOLLO CANTRELL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GERALD L. MELTON JOHN KNOX WALKUP District Public Defender Attorney General and Reporter RUSSELL N. PERKINS Peter M. Coughlan Assistant Public Defender Assistant Attorney General 201 West Main Street 450 James Robertson Parkway Murfreesboro, TN 37130 Nashville, TN 37243 JOHN G. MITCHELLL, JR. WILLIAM WHITESELL Third Floor, NationsBank Bldg. District Attorney General 120 E. Main Street Third Floor, Judicial Building Murfreesboro, TN 37133-1336 Murfreesboro, TN 37130 Judge: WELLES First Paragraph: This is an appeal as of right pursuant to Rule 3, Tennessee Rules of Appellate Procedure. The Defendants, Lorene Evette Weakley and Robert Apollo Cantrell, were convicted by a Rutherford County jury of possession of over 26 grams of cocaine with intent to sell or deliver and simple possession of marijuana. Defendant Cantrell was convicted of possession of drug paraphernalia, which was dismissed after a motion for new trial. Both Defendant Weakley and Defendant Cantrell were sentenced to eight years in the Department of Correction and each was fined two thousand dollars ($2,000) for the cocaine convictions. They were each sentenced to concurrent terms of 11 months and 29 days with two hundred fifty dollar ($250) fines for the marijuana convictions. In this appeal, Defendant Cantrell presents one issue, that the evidence was insufficient to support a verdict of guilt. Defendant Weakley argues one issue, that because she was convicted based on criminal responsibility for the conduct of another, she is entitled by statute to be considered for probation. We affirm the judgment of the trial court. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/WEAKLELE_OPN.WP6 KIM LAMAR WITT vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Robert J. Mendes Charles W. Burson 209 Tenth Avenue South Attorney General & Reporter Cummins Station, Suite 507 450 James Robertson Parkway Nashville, TN 37203 Nashville, TN 37243 Karen M. Yacuzzo Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 Katrin Novak Miller Asst District Attorney General 222 Second Avenue North Washington Square, Suite 500 Nashville, TN 37201-1649 Judge: WADE First Paragraph: The petitioner, Kim Lamar Witt, appeals the trial court's denial of his petition for writ of habeas corpus. In 1987, the petitioner was convicted of armed robbery and assault with the intent to commit first degree murder; the trial court imposed two concurrent, Range II sentences of life imprisonment. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/WITTKL_OPN.WP6 STATE OF TENNESSEE vs. CHARLES CLAY YOUNG with SEPARATE CONCURRING OPINION Court:TCCA Attorneys: For Appellant: John E. Herbison 2016 Eight Avenue South Nashville, TN 37204 (on appeal) David N. Brady District Public Defender 215 Reagan Street Cookeville, TN 38501 and Joe L. Finley, Jr. Assistant Public Defender 215 Reagan Street Cookeville, TN 38501 (at trial) For Appellee: Charles W. Burson Attorney General & Reporter Ruth A. Thompson Counsel for the State 450 James Robertson Parkway Nashville, TN 37243-0493 Anthony Craighead Assistant District Attorney 145 South Jefferson Avenue Cookeville, TN 38501 Judge: WADE First Paragraph: The defendant, Charles Clay Young, was convicted of two counts of solicitation to commit first degree murder, a Class B felony. The trial court imposed two Range I sentences of ten-year terms. The sentences are consecutive to each other and consecutive to an unexpired sentence for arson. AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/YOUNGCC_OPN.WP6 URL:http://www.tba.org/tba_files/TCCA/YOUNGCC_CON.WP6
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