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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