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TBALink Opinion-Flash
October 9, 1997 -- Volume #3 -- Number #097
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. BUDDY HUGH BREWER and TAMMY BREWER Court:TCCA Attorneys: FOR THE APPELLANTS: FOR THE APPELLEE: KENNETH L. MILLER JOHN KNOX WALKUP Attorney for Appellants Attorney General and Reporter 30 Second Street P.O. Box 191 SANDY R. COPOUS Cleveland, Tennessee 37364 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 JERRY N. ESTES District Attorney General CARL PETTY Asst. District Attorney General P.O. Box 1351 Cleveland, TN 37364-1351 Judge: WITT First Paragraph: The defendants, Buddy Hugh Brewer and his wife, Tammy Brewer, appeal certified questions of law from the Bradley County Criminal Court pursuant to Rule 37(b) (2) (I) of the Tennessee Rules of Criminal Procedure. In cases which have been consolidated for hearing on appeal, the defendants challenge the issuance and execution of a warrant to search their home, and Tammy Brewer also challenges the legality of an arrest and a search of her person incidental to that arrest. Subject to the reservation of these dispositive certified questions, Buddy Brewer pleaded guilty to and received convictions for the following offenses: (1) simple possession of Schedule II controlled substances, $750.00 fine, eleven months, twenty-nine days in the county jail, to be served on probation; (2) possession of marijuana for sale, Class E felony, Range I, $2,000.00 fine, one year sentence to be served in split confinement of 90 days incarceration and the remainder of the sentence to be served on probation. Subject to the same reservation, Tammy Brewer pleaded guilty to simple possession of marijuana and received a fine of $250.00 and a sentence of eleven months, twenty-nine days, to be served on probation. URL:http://www.tba.org/tba_files/TCCA/brewerbt_opn.WP6
DAVID FLOYD
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
William K. Randolph John Knox Walkup
P.O. Bo 611 Attorney General and Reporter
Dyersburg, Tennessee 38025-0611 450 James Robertson Parkway
Nashville, Tennessee 37243 0493
Janis L. Turner
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243 0493
C. Phillip Bivens
District Attorney General
P.O. Box E
Dyersburg, Tennessee 38025
Judge: BARKER
First Paragraph:
The appellant, David Floyd, appeals as of right the judgment of the
Dyer County Circuit Court dismissing his petition for post-conviction
relief. He argues on appeal that he was unconstitutionally denied his
right to effective assistance of counsel because of his trial
counsel's failure to interview potential defense witnesses, failure to
peremptorily challenge a juror, and failure to provide the appellant
with a copy of the trial transcript for appellate purposes. We have
reviewed the record upon appeal and, finding no reversible error,
affirm the trial court's dismissal of the petition.
URL:http://www.tba.org/tba_files/TCCA/floydd_opn.WP6
STATE OF TENNESSEE
vs.
MICHAEL RAY GRICE
with DISSENTING OPINION
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Michael J. Flanagan John Knox Walkup
Dale M. Quillen Attorney General & Reporter
Attorneys at Law
95 White Bridge Road, #208 Deborah A. Tullis
Nashville, TN 37205 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Robert "Gus" Radford
District Attorney General
Todd A. Rose
Asst District Attorney General
P.O. Box 94
Paris, TN 38242
Judge: SUMMERS
First Paragraph:
The appellant, Michael Ray Grice, was indicted for possession of a
controlled substance with intent to manufacture, deliver, or sell;
unlawful possession of drug paraphernalia; and unlawful possession of
a weapon. He pled guilty to the indictment reserving the right to
appeal as a certified question of law the trial court's denial of his
motion to suppress. See Tenn. R. Crim. P. 37(b)(2). The appellant
contends that the police lacked reasonable suspicion to make an
investigatory stop of his vehicle. He argues that evidence obtained
as a result of the search should be suppressed. Upon review, we
affirm.
URL:http://www.tba.org/tba_files/TCCA/gricemr_opn.WP6
URL:http://www.tba.org/tba_files/TCCA/gricemr_dis.WP6
SEYMORE HAYES, III
vs.
DAVID NEWBERRY, WARDEN,
AND STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ARDENA GARTH JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
DONNA ROBINSON MILLER CLINTON J. MORGAN
Asst District Public Defender Assistant Attorney General
701 Cherry St., Ste. 300 Criminal Justice Division
Chattanooga, TN 37402 450 James Robertson Parkway
Nashville, TN 37243-0493
WILLIAM H. COX, III
District Attorney General
C. LELAND DAVIS
Asst District Attorney General
600 Market St., Ste. 300
City-County Courts Bldg.
Chattanooga, TN 37402
Judge:WITT
First Paragraph:
The petitioner, Seymore Hayes III, appeals the Hamilton County
Criminal Court's summary dismissal of his second petition for
post-conviction relief. The petitioner is currently serving a term of
life imprisonment in the Tennessee Department of Correction for a
conviction of first degree murder.
URL:http://www.tba.org/tba_files/TCCA/hayess_opn.WP6
OLEN EDDIE HUTCHISON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Christopher Van Riper Charles W. Burson
300 Market Street, Suite 200 Attorney General of Tennessee
Clinton, TN 37716-0506 and
John P. Cauley
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
William Paul Phillips
District Attorney General
P.O. Box 10
Huntsville, TN 37756-00010
and
Michael O. Ripley
Asst District Attorney General
P.O. Box 323
Jacksboro, TN 37757-0323
Judge: Tipton
First Paragraph:
The petitioner, Olen Eddie Hutchison, appeals as of right from the
Campbell County Criminal Court's denial of post-conviction relief. He
was convicted in 1991 for the first degree murder of Hugh Huddleston
and received the death penalty. He was also convicted of conspiracy
to take a life and solicitation to commit first degree murder for
which he received a total sentence of twenty-two years. The
convictions and sentences were affirmed on direct appeal. State v.
Hutchison, 898 S.W.2d 161 (Tenn. 1994), cert. denied, U.S.
116 S. Ct. 137 (1995). We affirm the denial of post-conviction
relief.
URL:http://www.tba.org/tba_files/TCCA/hutchiso_opn.WP6
STATE OF TENNESSEE
vs.
COLLIS PAUL LANCASTER, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOSEPH P. ATNIP (trial and appeal) JOHN KNOX WALKUP
District Public Defender Attorney General and Reporter
JAMES DAVID KENDALL (sentencing) GEORGIA BLYTHE FELNER
Assistant District Public Defender Assistant Attorney General
111 Main Street 450 James Robertson Parkway
P.O. Box 734 Nashville, TN 37243-0493
Dresden, TN 38225
THOMAS A. THOMAS
District Attorney General
JAMES T. CANNON
Asst District Attorney General
414 S. Fourth
P.O. Box 218
Union City, TN 38261-0218
Judge: RILEY
First Paragraph:
The defendant, Collis Paul Lancaster, Jr., was indicted for the
offense of attempt to commit second degree murder. An Obion County
jury found him guilty of the lesser offense of aggravated assault. He
was sentenced as a Range II, Multiple Offender, to ten (10) years in
the Tennessee Department of Correction. On appeal, he presents the
following issues for our review: (1) whether the evidence is
sufficient to support the verdict of guilt, and (2) whether the trial
court erred in refusing to consider a mitigating factor in determining
his sentence. After a thorough review of the record, we affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/lancascp_opn.WP6
THOMAS A. MILES
vs.
STATE OF TENNESSE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
O. DUANE SLONE JOHN KNOX WALKUP
- and - Attorney General & Reporter
REBECCA D. SLONE
P.O. Box 1088 SANDY R. COPOUS
Dandridge, TN 37725 Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
AL C. SCHMUTZER, JR.
District Attorney General
JAMES GASS
Asst. District Attorney General
Sevier County Courthouse
Suite 301
Sevierville, TN 37862
Judge:PEAY
First Paragraph:
The petitioner was convicted of aggravated robbery on October 29,
1991. Following a sentencing hearing, he was sentenced as a Range II
multiple offender to twenty years in the Tennessee Department of
Correction. His conviction was affirmed by this Court on May 18,
1993. The petitioner then filed a pro se petition for post-conviction
relief on November 8, 1993. Counsel was appointed and an amended
petition was subsequently filed. After a hearing on September 13,
1996, the post-conviction court denied any relief to the petitioner.
It is from this denial that he now appeals.
URL:http://www.tba.org/tba_files/TCCA/milesta_opn.WP6
STATE OF TENNESSEE
vs.
LEONARD EDWARD SMITH
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
J. ROBERT BOATRIGHT JOHN KNOX WALKUP
150 Commerce Street Attorney General and Reporter
Kingsport, TN 37660
LARRY S. WEDDINGTON AMY L. TARKINGTON
200 Seventh Street Assistant Attorney General
Bristol, TN 37620 450 James Robertson Parkway
Nashville, TN 37243-0493
H. GREELY WELLS, JR.
District Attorney General
P. O. Box 526
Blountville, TN 37617-0526
Judge:RILEY
First Paragraph:
This is the third trial in which the defendant, Leonard Edward Smith,
was sentenced for the felony murder of Novella Webb. On each occasion
he was sentenced to death by electrocution. The guilt of the
defendant having been previously affirmed on direct appeal, the
present appeal resulted solely from the re-sentencing hearing.
Finding as an aggravating circumstance that the defendant had been
previously convicted of one (1) or more felonies, other than the
present charge, which involved the use or threat of violence to the
person, the jury again imposed the death penalty.
URL:http://www.tba.org/tba_files/TCCA/smithle_opn.WP6
STATE OF TENNESSEE
vs.
HALLEY O'BRIEN THOMPSON
also known as TONY OZIER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
On Appeal: John Knox Walkup
C. Michael Robbins Attorney General & Reporter
202 South Maple, Suite C 500 Charlotte Avenue
Covington, TN 38019 Nashville, TN 37243-0497
At Trial: William David Bridgers
George Morton Googe Assistant Attorney General
District Public Defender 450 James Robertson Parkway
227 West Baltimore Street Nashville, TN 37243-0493
Jackson, TN 38301-6137
James G. Woodall
Pamela J. Drewery District Attorney General
Assistant Public Defender 225 Martin Luther King Drive
227 West Baltimore Street Jackson, TN 38302-2825
Jackson, TN 38301-6137
Donald H. Allen
Asst District Attorney General
225 Martin Luther King Drive
Jackson, TN 38302-2825
Judge:Jones
First Paragraph:
The appellant, Halley O'Brien Thompson, also known as Tony Ozier
(defendant), was convicted of first degree premeditated murder,
attempt to commit voluntary manslaughter, a Class D felony, and
possession of a deadly weapon during the commission of a felony
offense, a Class E felony, by a jury of his peers. The trial court
imposed the following sentences: life imprisonment in the Department
of Correction for first degree murder; four (4) years in the
Department of Correction for attempted voluntary manslaughter; and two
(2) years in the Department of Correction for possession of a deadly
weapon. The sentences are to be served concurrently.
URL:http://www.tba.org/tba_files/TCCA/thompsho_opn.WP6
CURTIS L. WATKINS
vs.
DAVID NEWBERRY, WARDEN
AND STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ARDENA GARTH JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
DONNA MILLER CLINTON J. MORGAN
Asst District Public Defender Assistant Attorney General
701 Cherry St., Ste. 300 Criminal Justice Division
Chattanooga, TN 37402 450 James Robertson Parkway
Nashville, TN 37243-0493
WILLIAM H. COX, III
District Attorney General
THOMAS EVANS
Asst District Attorney General
600 Market St., Ste. 300
City-County Courts Bldg.
Chattanooga, TN 37402
Judge:WITT
First Paragraph:
The petitioner, Curtis L. Watkins, appeals the Hamilton County
Criminal Court's summary dismissal of his "Petition for the Writ of
Habeas Corpus or in the Alternative Petition for Post-Conviction
Relief." The petitioner is currently serving a term of life
imprisonment in the Tennessee Department of Correction for a
conviction of first degree murder.
URL:http://www.tba.org/tba_files/TCCA/watkinsc_opn.WP6
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© Copyright 1998 Tennessee Bar Association - This Issue (IN THIS ORDER):