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TBALink Opinion-Flash
November 6, 1997 -- Volume #3 -- Number #114
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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George Dean
TBALink Chief Editor
VERNON BEARD vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: J. TIMOTHY STREET JOHN KNOX WALKUP 136 Fourth Avenue, South Attorney General & Reporter Franklin, TN 37064 EUGENE J. HONEA Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 JOSEPH D. BAUGH, JR. District Attorney General MARK L. PURYEAR, III Asst District Attorney General Williamson County Courthouse, Ste. G-6 P.O. Box 937 Franklin, TN 37065-0937 Judge:WOODALL First Paragraph: The Petitioner, Vernon Beard, appeals from the trial court's dismissal of his petition for post-conviction relief. Petitioner raises two issues: (1) whether the trial court erred in denying him a delayed appeal under Tennessee Code Annotated section 40-30-120 (repealed 1995) and (2) whether the trial court erred in denying post conviction relief on the grounds that he received ineffective assistance of counsel. We affirm in part and reverse and remand in part. URL:http://www.tba.org/tba_files/TCCA/beardv_opn.WP6
STATE OF TENNESSEE
vs.
PERCY BROWN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
KARL DEAN JOHN KNOX WALKUP
Public Defender Attorney General and Reporter
JEFFREY A. DeVASHER (on appeal) LISA A. NAYLOR
HOLLIS I. MOORE, JR. (at hearing) Assistant Attorney General
Assistant Public Defenders 450 James Robertson Parkway
1202 Stahlman Building Nashville, TN 37243-0493
Nashville, TN 37201
VICTOR S. JOHNSON, III
District Attorney General
JAMES W. MILAM
Asst District Attorney General
Washington Square, Suite 500
222 Second Avenue, North
Nashville, TN 37201-1649
Judge: RILEY
First Paragraph:
The defendant, Percy Brown, appeals the sentences imposed by the
Davidson County Criminal Court following his guilty plea to two (2)
counts of sexual battery. The trial court sentenced defendant as a
Range I, Standard Offender, to two (2) years confinement on each count
and ordered that the sentences run consecutively. On appeal,
defendant argues that the trial court erred in (1) denying alternative
sentencing, and (2) imposing consecutive sentences. We affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/brownp_opn.WP6
DONALD WAYNE EASLEY
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT:
DONALD WAYNE EASLEY
PRO SE
#98515
Turney Center 4B
Route 1
Only, TN 37140-9709
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
DARYL J. BRAND
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
JOSEPH D. BAUGH, JR.
District Attorney General
P. O. Box 937
Franklin, TN 37065-0937
Judge:RILEY
First Paragraph:
Appellant, Donald Wayne Easley, appeals the denial of a motion to
reopen his prior petition for post-conviction relief. The motion
alleged the "reasonable doubt" jury instruction given at his 1986
trial was unconstitutional. He also alleged that the state in 1990
agreed to recommend a sentence reduction to the court in exchange for
his cooperation. The trial court denied relief without a hearing,
finding the motion did not state a colorable claim for relief. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/easleydw_opn.WP6
STATE OF TENNESSEE
VS.
WILLIAM K. HOWELL
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
KARL DEAN JOHN KNOX WALKUP
Public Defender Attorney General and Reporter
JEFFREY A. DEVASHER (On Appeal) LISA A. NAYLOR
Senior Assistant Public Defender Assistant Attorney General
450 James Robertson Parkway
ROSS ALDERMAN (At Trial) Nashville, TN 37243-0493
LAURA DYKES (At Trial)
Assistant Public Defenders VICTOR S. JOHNSON, III
1202 Stahlman Building District Attorney General
Nashville, TN 37201
JOHN ZIMMERMANN
Asst District Attorney General
Washington Square, Ste. 500
222 Second Avenue, N.
Nashville, TN 37201-1649
Judge: RILEY
First Paragraph:
Defendant, William K. Howell, was convicted by a Davidson County jury
of first degree murder in perpetration of theft and sentenced to life
imprisonment.
URL:http://www.tba.org/tba_files/TCCA/howellwk_opn.WP6
JAMES D. LANE
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
J. ROBIN MCKINNEY, JR. JOHN KNOX WALKUP
214 2nd. Ave. N. Attorney General and Reporter
Suite 103
Nashville, TN 37201 ELIZABETH B. MARNEY
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
VICTOR S. JOHNSON, III
District Attorney General
PAMELA S. ANDERSON
Asst District Attorney General
Washington Square, Suite 500
222 2nd Ave. N.
Nashville, TN 37201-1649
Judge:RILEY
First Paragraph:
The appellant, James D. Lane, appeals the dismissal of his petition
for post conviction relief by the Davidson County Criminal Court. At
issue is whether appellant's prior guilty plea was knowingly and
voluntarily entered, and whether appellant was deprived of effective
assistance of counsel. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/lanejd_opn.WP6
STATE OF TENNESSEE
VS.
DOROTHY SHELDON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Michael J. Flanagan Charles W. Burson
Dale M. Quillen Attorney General & Reporter
Attorneys at Law
95 White Bridge Road Eugene J. Honea
Suite 208, Cavalier Building Assistant Attorney General
Nashville, TN 37205 Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Dan M. Alsobrooks
District Attorney General
Robert S. Wilson
Asst District Attorney General
P.O. Box 580
Charlotte, TN 37036
Judge: SUMMERS
First Paragraph:
The appellant, Dorothy Sheldon, was convicted by a jury of forgery.
She was sentenced as a Range III, persistent offender to four years
incarceration.
URL:http://www.tba.org/tba_files/TCCA/sheldnd_opn.WP6
URL:http://www.tba.org/tba_files/TCCA/shldndd_dis.WP6
URL:http://www.tba.org/tba_files/TCCA/shedndd2_dis.WP6
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