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. BETTY D. LEVANDOWSKI Court:TSC Attorneys: For Appellant: For Appellee: KENNETH F. IRVINE, JR. JOHN KNOX WALKUP Knoxville, TN Attorney General and Reporter MICHAEL E. MOORE Solicitor General ELIZABETH T. RYAN Assistant Attorney General Nashville, TN H. GREELEY WELLS, JR. District Attorney General NANCY STALLARD HARR BARRY P. STAUBUS Assistant District Attorneys General Blountville, TN Judge: BIRCH First Paragraph: In this appeal, we must determine whether a false response from an individual to an inquiry made by a law enforcement officer constitutes a false report within the meaning of Tenn. Code Ann. S 39-16-502(a)(1) (1991). After careful review, we hold that S 39-16-502(a)(1) applies to statements volunteered or initiated by an individual but does not apply to statements made in response to inquiries by law enforcement officers. Accordingly, the judgment of the Court of Criminal Appeals is affirmed. URL:http://www.tba.org/tba_files/TSC/LEVANDOW_OPN.WP6 STATE OF TENNESSEE vs. MERLIN EUGENE SHUCK Court:TSC Attorneys: FOR STATE/APPELLANT FOR DEFENDANT/APPELLEE: John Knox Walkup Charles R. Terry Attorney General & Reporter Denise S. Terry Morristown, Tennessee Michael E. Moore Thomas F. Bloom Solicitor General Nashville, Tennessee (Appeal Only) Gordon Smith Associate Solicitor General Michael J. Fahey, II Assistant Attorney General Nashville, Tennessee Alfred C. Schmutzer, Jr. District Attorney General James B. Dunn Assistant District Attorney General Fourth Judicial District Sevierville, Tennessee Judge: DROWOTA First Paragraph: The defendant, Merlin Eugene Shuck, was convicted of one count of solicitation to commit first degree murder and two counts of solicitation to commit especially aggravated kidnaping. The defense theory at trial was entrapment, and in support of that defense, Shuck sought to introduce expert testimony from a neuropsychologist that he had suffered a cognitive decline and significant deterioration of his cognitive abilities which rendered him more susceptible to inducement than the average person. The trial judge refused to admit the testimony finding that it would invade the province of the jury. Concluding that the trial court abused its discretion in excluding the testimony, the Court of Criminal Appeals reversed the convictions and ordered a new trial. Thereafter, we granted the State permission to appeal to consider whether expert psychological testimony about a defendant's susceptibility to inducment is admissible under Tennessee law to establish entrapment. URL:http://www.tba.org/tba_files/TSC/SHUCKME_OP.WP6 AMBERJACK, LTD., INC., d/b/a NONCONNAH CORPORATE CENTER, vs. FRED THOMPSON, Individually, and d/b/a THOMPSON QUALITY MANAGEMENT, INC. and THOMPSON QUALITY MANAGEMENT, INC. Court:TCA Attorneys: For the Plaintiff/Appellant For the Defendant/Appellee, Fred Thompson: Monique A. Nassar Beth Brooks Memphis, Tennessee Germantown, Tennessee Judge: SWEARENGEN First Paragraph: This lawsuit involves the breach of a lease agreement. The corporate lessee vacated the premises and stopped paying rent; consequently, the lessor filed suit. The trial court found the lessee in breach of the lease, but found the lease agreement unconscionable, held that the lessor failed to mitigate its damages, and held that the president of the corporate lessee could not be held personally liable. We affirm the trial court's finding of a breach, but reverse its remaining findings and award the lessor damages for the entire term of the lease. URL:http://www.tba.org/tba_files/TCA/amberjac_opn.WP6 JAMES C. HISE, JR. and wife, BRENDA L. HISE vs. STATE OF TENNESSEE DEPARTMENT OF TRANSPORTATION, BRUCE SALTSMAN, COMMISSIONER Court:TCA Attorneys: John D. Horne, THE WINCHESTER LAW FIRM, Memphis, Tennessee Attorney for Plaintiffs/Appellants. John Knox Walkup, Attorney General & Reporter Michael E. Moore, Solicitor General Larry M. Teague, Senior Counsel Attorney for Defendants/Appellees. Judge: FARMER First Paragraph: James C. Hise, Jr. and wife, Brenda L. Hise sued the State of Tennessee, the Department of Transportation and its commissioner for damages in an inverse condemnation action. The complaint alleges that, after conveying a portion of their property to the state, they learned that the project adversely impacted their commercial property. The defendants filed a motion to dismiss on the basis of sovereign immunity. The motion was granted and the plaintiffs appealed. URL:http://www.tba.org/tba_files/TCA/hisejc_opn.WP6 STATE OF TENNESSEE vs. DEBRA SUE BENSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Paula R. Voss John Knox Walkup Assistant Public Defender Attorney General & Reporter 1209 Euclid Avenue 500 Charlotte Avenue Knoxville, TN 37921 Nashville, TN 37243-0497 (Appeal Only) Michael J. Fahey, II John Halstead Assistant Attorney General Assistant Public Defender 450 James Robertson Parkway 1209 Euclid Avenue Nashville, TN 37243-0493 Knoxville, TN 37921 (Trial Only) Randall E. Nichols District Attorney General OF COUNSEL: P. O. Box 1468 Mark E. Stephens Knoxville, TN 37901-1468 District Public Defender 1209 Euclid Avenue Marsha L. K. Selecman Knoxville, TN 37921 Assistant District Attorney General P. O. Box 1468 Knoxville, TN 37901-1468 Judge: Jones First Paragraph: The appellant, Debra Sue Benson (defendant), appeals as of right from a judgment of the trial court revoking her probation. The defendant did not contest the grounds established by the State of Tennessee to support the revocation of her probation. In this Court, the defendant contends she was suffering from a mental illness when the violations of her probation occurred, and, as a result, she was not capable of complying with the conditions of probation previously imposed by the trial court. 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. URL:http://www.tba.org/tba_files/TCCA/bensonds_opn.WP6 JEFFERY L. BRADEN vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JEFFERY L. BRADEN, pro se JOHN KNOX WALKUP Inmate #158340 Attorney General & Reporter Cold Creek Correctional Facility P.O. Box 1000 JANIS L. TURNER Henning, TN 38041-1000 Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General DAWN DORAN Asst District Attorney General 201 Poplar Avenue, Ste. 301 Memphis, TN 38103 Judge:WOODALL First Paragraph: The Petitioner, Jeffery L. Braden, appeals as of right from the trial court's dismissal of his second petition for post-conviction relief without an evidentiary hearing or appointment of counsel. The petition was filed in the Criminal Court of Shelby County, Tennessee on May 2, 1996. The allegations of the petition set forth that he pled guilty to first degree murder in the trial court on September 11, 1991 and received a sentence of life imprisonment. His first petition for post-conviction relief, alleging ineffective assistance of counsel was denied on September 14, 1992. If an appeal was taken from this order, it is not in the record. URL:http://www.tba.org/tba_files/TCCA/bradenjl_opn.WP6 STATE OF TENNESSEE vs. GEORGE WILLIAM CAIN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ARDENA J. GARTH JOHN KNOX WALKUP District Public Defender Attorney General & Reporter DONNA ROBINSON MILLER MARVIN E. CLEMENTS, JR. Assistant Public Defender Assistant Attorney General 2nd Floor, Cordell Hull Building KARLA GOTHARD 425 Fifth Avenue North Assistant Public Defender Nashville, TN 37243-0943 701 Cherry Suite - Suite 300 Chattanooga, TN 37402 WILLIAM H. COX, III District Attorney General BATES W. BRYAN, JR. Asst District Attorney General Chattanooga-Hamilton County Courts Building Chattanooga, TN 37402 Judge:WOODALL First Paragraph: The Petitioner, George William Cain, appeals the order of the Hamilton County Criminal Court dismissing his petition for post-conviction relief. The trial court found that the relief requested was barred by the statute of limitations and dismissed the petition without an evidentiary hearing. On appeal, the Petitioner argues that Tennessee Code Annotated section 40 30-201 et seq. (Supp. 1996), provides for a "one year window of opportunity" to file for post-conviction relief through May 10, 1996. In the alternative, Petitioner argues that application of the statute of limitations to his petition would violate constitutional due process guarantees. Finding no merit to the Petitioner's arguments, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/caingw_opn.WP6 STATE OF TENNESSEE vs. JACKIE CROWE Court:TCCA Attorneys: FOR THE APPELLANT FOR THE APPELLEE Gregory D. Smith Charles W. Burson One Public Square, Suite 321 Attorney General & Reporter Clarksville, TN 37040 Peter M. Coughlan Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 0493 Judge: BYERS First Paragraph: The defendant was convicted by jury of two counts of rape and two counts of incest. He was sentenced as a Range I, standard offender to twelve (12) years for each rape conviction and to six (6) years for each incest conviction to the custody of the Department of Correction. The trial court ordered the defendant to serve the rape convictions consecutive to each other and consecutive to prior unserved sentences but concurrent with the incest convictions. The trial court also imposed fines in the amount of $25,000 for each rape conviction and $10,000 for each incest conviction. URL:http://www.tba.org/tba_files/TCCA/crowe-ja_cca.WP6 STATE OF TENNESSEE vs. LESTER LEE DOYLE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GUY T. WILKINSON JOHN KNOX WALKUP District Public Defender Attorney General and Reporter 24th Judicial District 117 Forrest Avenue North JANIS L. TURNER P. O. Box 663 Assistant Attorney General Camden, TN 38320 Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 G. ROBERT RADFORD District Attorney General TODD A. ROSE Assistant District Attorney General P. O. Box 94 Paris, TN 38242 Judge:RILEY First Paragraph: The defendant, Lester Lee Doyle, was convicted by a Benton County jury of driving under the influence of an intoxicant, second offense, and driving on a revoked license. The sole issue presented on appeal is whether the evidence adduced at trial is sufficient to support the jury's verdict. We affirm the conviction. URL:http://www.tba.org/tba_files/TCCA/doylel~1_wpd.WP6 STATE OF TENNESSEE vs. THEODORE FOSTER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARTIN J. LEVITT JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 312 Vine St. Chattanooga, TN 37403 MARVIN E. CLEMENTS, JR. Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 WILLIAM H. COX District Attorney General BATES BRYAN, JR. Asst. District Attorney General 600 Market St., Ste. 310 Chattanooga, TN 37402 Judge: WITT First Paragraph: The defendant, Theodore Foster, is aggrieved of the Hamilton County District attorney's denial of his application for pretrial diversion and the Hamilton County Criminal Court's denial of his petition seeking reversal of that determination. Foster is under indictment for vehicular homicide, a Class C felony. In this interlocutory appeal, Foster contends the District Attorney's office acted arbitrarily in denying his application for diversion. After a thorough review of the record, we affirm. URL:http://www.tba.org/tba_files/TCCA/fostert_opn.WP6 KENNETH EUGENE GOODMAN vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MELINDA MEADOR JOHN KNOX WALKUP 234 Forks of the River Parkway Attorney General and Reporter Sevierville, TN 37862 PETER M. COUGHLAN Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 BILL COX District Attorney General 600 Market Street Chattanooga, TN 37402-1972 Judge:WELLES First Paragraph: The Petitioner, Kenneth Eugene Goodman, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure from the trial court's denial of his petition for post-conviction relief. The Petitioner filed a pro se "petition for a writ of error coram nobis / motion to vacate judgment" on November 16, 1995. The trial court considered the petition both as one for a writ of error coram nobis and as one for post-conviction relief. On November 27, 1995, the trial court dismissed the petition without conducting an evidentiary hearing, finding that it was barred by the statute of limitations. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/goodmake_opn.WP6 RALPH DEAN PURKEY vs. STATE OF TENNESSEE Court:TCCA Attorneys:FOR THE APPELLANT FOR THE APPELLEE Charles R. Ray, Esq. Charles W. Burson 211 Third Avenue North Attorney General & Reporter P.O. Box 198288 Nashville, TN 37219 Marvin E. Clements, Jr. Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 0493 Judge: BYERS First Paragraph: This is an appeal from the summary dismissal of a petition for post conviction relief. URL:http://www.tba.org/tba_files/TCCA/purkey2_cca.WP6 GEORGE EDWARD RAYFORD vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: RICHARD F. VAUGHN JOHN KNOX WALKUP 1928 - 100 N. Main Attorney General and Reporter Memphis, TN 38103 ELIZABETH T. RYAN Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 WILLIAM GIBBONS District Attorney General MS. RHEA CLIFT Asst. District Attorney General Criminal Justice Complex Suite #301, 201 Poplar St. Memphis, TN 38103 Judge: Hayes First Paragraph: The appellant, George Edward Rayford, appeals as of right from the trial court's dismissal of his petition for post-conviction relief. Specifically, the appellant contends that he was deprived of the ability to enter intelligent and voluntary guilty pleas due to the ineffective assistance of counsel. After an evidentiary hearing, the Criminal Court of Shelby County concluded that the appellant failed to show by a preponderance of the evidence that he received ineffective assistance of counsel at his guilty plea hearing. URL:http://www.tba.org/tba_files/TCCA/rayfordg_opn.WP6 STATE OF TENNESSEE vs. HOLLIS G. WILLIAMS Court:TCCA Attorneys:FOR THE APPELLANT: FOR THE APPELLEE: W. Mark Ward John Knox Walkup Asst. Shelby County Public Defender Atty General & Reporter 147 Jefferson, Suite 900 500 Charlotte Avenue Memphis, TN 38103 Nashville, TN 37243-0497 (On Appeal) Robin L. Harris Ronald S. Johnson Assistant Attorney General Asst. Shelby County Public Defender 450 James Robertson Parkway 201 Poplar Avenue, Suite 201 Nashville, TN 37243-0493 Memphis, TN 38103-1947 (At Trial) William L. Gibbons District Attorney General Betty J. Thomas 201 Poplar Avenue, Suite 301 Asst. Shelby County Public Defender Memphis, TN 38103-1947 201 Poplar Avenue, Suite 201 Memphis, TN 38103-1947 James C. Beasley, Jr. (At Trial) Asst District Attorney General 201 Poplar Avenue, Suite 301 OF COUNSEL: Memphis, TN 38103-1947 A C Wharton, Jr. Amy J. Weirich Shelby County Public Defender Assistant District Attorney General 201 Poplar Avenue, Suite 201 201 Poplar Avenue, Suite 301 Memphis, TN 38103-1947 Memphis, TN 38103-1947 Judge: Jones First Paragraph: The appellant, Hollis G. Williams (defendant), was convicted of first-degree felony murder by a jury of his peers. The State of Tennessee sought the extreme penalty of death. However, the jury set his punishment at life without the possibility of parole. The defendant presents three issues for review. He contends (a) the evidence is insufficient, as a matter of law, to support his conviction for a murder committed during an attempt to commit robbery, (b) the trial court committed error of prejudicial dimensions by ruling his two convictions for attempt to commit robbery could be used to impeach him if he opted to testify in support of his defense, and (c) the trial court committed error of prejudicial dimensions by permitting the state to introduce victim impact testimony during the sentencing hearing. 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 judgment of the trial court should be affirmed. URL:http://www.tba.org/tba_files/TCCA/williamh_opn.WP6 STATE OF TENNESSEE vs. JOHN PARNELL YAUGHER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: J. THOMAS MARSHALL, JR. JOHN KNOX WALKUP District Public Defender Attorney General & Reporter NANCY CAROL MEYER EUGENE J. HONEA Assistant Public Defender Assistant Attorney General 101 South Main Street, Suite 450 425 Fifth Avenue North Clinton, TN 37716 2nd Floor, Cordull Hull Building Nashville, TN 37243 JAMES N. RAMSEY District Attorney General JANICE G. HICKS Asst District Attorney General 127 Anderson County Courthouse Clinton, TN 37716 Judge:WOODALL First Paragraph: The Defendant, John Parnell Yaugher, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant was convicted following a jury trial in Anderson County of the offense of rape of a child. On appeal, the Defendant challenges the sufficiency of the allegations in the indictment to charge an offense. Also, the Defendant challenges the sufficiency of the evidence to sustain the conviction and specifically argues that his confession was uncorroborated, that there was no proof of penetration, and that the State failed to prove beyond a reasonable doubt that he was sane at the time of the offense. Further, the Defendant argues that the trial court erred in denying a motion to suppress his statement to investigators and by charging in the jury instructions the lesser grade offense of aggravated sexual battery. Finding no error, and that the indictment and the evidence are sufficient, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/yaugherj_opn.WP6
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