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TBALink Opinion-Flash
December 5, 1997 -- Volume #3 -- Number #127
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.
- This Issue (IN THIS ORDER):
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 10-New Opinons From TSC-Workers Comp Panel
- 07-New Opinons From TCA
- 29-New Opinons From TCCA
- 00-New Opinons From TSC
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- Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text
version of the opinion.
- *NEW* Browse the Opinion List area of TBALink. This option will allow you
to download the original WP 6.0 document.
version of the opinion.
- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
George Dean
TBALink Chief Editor
JAYME BUSSELL vs. PROMUS HOTEL CORPORATION, d/b/a HARRAH'S CASINO and HARRAH'S ENTERTAINMENT, INC., d/b/a HARRAH'S TUNICA CASINO Court:TSC - Workers Comp Panel Attorneys: FOR APPELLANT: FOR APPELLEE: Howard B. Hayden Martin W. Zummach Post Office Box 3060 Post Office Box 3543 Memphis, TN 38173-0060 Memphis, TN 38173-0543 Judge:CLARK First Paragraph: This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. S50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. Plaintiff appeals the trial court's grant of summary judgment to defendant and its finding that her contract of hire with the defendant was made in the State of Mississippi rather than the State of Tennessee. URL:http://www.tba.org/tba_files/TSC_WCP/bussellj_opn.WP6
JAMES BUTTREY
vs.
INSURANCE COMPANY OF THE
STATE OF PENNSYLVANIA
Court:TSC - Workers Comp Panel
Attorneys:
For Appellant: For Appellee:
Frank Thomas David Burlison
Leitner, Williams, Dooley & Napolitan Abbott & Burlison
Nashville, Tennessee Memphis, Tennessee
Judge:Loser
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law. The appellant contends
the injury did not arise out of and in the course of employment and
that the employee failed to give proper notice of his injury. As
discussed below, the panel has concluded the judgment should be
affirmed.
URL:http://www.tba.org/tba_files/TSC_WCP/buttreyj_opn.WP6
WAYNE M. CROWDER
vs.
MAGIC CHEF COMPANY/
MAYTAG CLEVELAND COOKING
PRODUCTS, INC., Employer
MUTUAL CASUALTY INSURANCE
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Denny E. Mobbs R. Jerome Shepherd
P. O. Box 192 2180 North Ocoee Street
Cleveland, TN 37364-0192 Cleveland, TN 37311-3919
Judge:BYERS
First Paragraph:
The Employee sustained a herniated disk and underwent two lumbar disk
surgeries in 1995. The trial court found the back problem was work
related and awarded 35 percent permanent partial disability.
URL:http://www.tba.org/tba_files/TSC_WCP/crowder_wc.WP6
THOMAS DELIAS
vs.
PHILIPS CONSUMER ELECTRONICS
COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Arthur G. Seymore, Jr. Lynn Bergwerk
Robert L. Kahn P.O. Box 51785
P.O. Box 39 Knoxville, Tenn. 37950
Knoxville, Tenn. 37901
Judge:THAYER
First Paragraph:
This appeal has resulted from a decision of the trial court to award
plaintiff, Thomas Delias, 45% permanent partial disability to the body
as a whole. On appeal the defendant, Philips Consumer Electronics
Company, contends the 45% award is excessive under the evidence.
URL:http://www.tba.org/tba_files/TSC_WCP/delias_wc.WP6
FAYETTE TUBULAR PRODUCTS
INC. and NATIONAL UNION FIRE
INSURANCE COMPANY
vs.
ANTHONY S. BELLI
Court:TSC - Workers Comp Panel
Attorneys:
For Appellants: For Appellee:
Jerry W. Carnes S. Roger York
Joel T. Galanter York, Bilbrey & Davis
Stewart, Estes & Donnell Crossville, Tennessee
Nashville, Tennessee
Judge:Loser
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law. The employer and its
insurer contend the claim should be disallowed because the employee
engaged in willful misconduct or willfully failed to use a safety
appliance. As discussed below, the panel has concluded the judgment
should be affirmed.
URL:http://www.tba.org/tba_files/TSC_WCP/faytub_opn.WP6
IRIS APPAREL, INC.
vs.
LORA N. FLOWERS
vs.
THE TRAVELERS INSURANCE
COMPANIES
Court:TSC - Workers Comp Panel
Judge:KILCREASE
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.
URL:http://www.tba.org/tba_files/TSC_WCP/flowers_wc.WP6
GREGORY A. HARBIN
vs.
ST. MARY'S MEDICAL CENTER, INC.
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
P. Richard Talley Robert W. Knolton
P. O. Box 950 105 Donner Dr., Suite B
Dandridge, TN 37725 P.O. Box 4459
Oak Ridge, TN 37831-4459
Judge:BYERS
First Paragraph:
The plaintiff was employed by the defendant as a security guard. On
July 8, 1993, he was struck by a vehicle in the defendant's garage.
There is no dispute that the plaintiff was involved in an accident in
the course of his employment. The only dispute is whether the
plaintiff failed to show by a preponderance of the evidence that he
suffered any permanent disability as a result of the accident.
URL:http://www.tba.org/tba_files/TSC_WCP/harbin_wc.WP6
VIVIAN JEANETTE PAYNE
vs.
SEQUATCHIE VALLEY COAL
CORPORATION
Court:TSC - Workers Comp Panel
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL A. GERACIOT; L. THOMAS AUSTIN
DALE A. TIPPS M. KEITH DAVIS
LEVINE, MATTSON, ORR P. O. Box 666
& GERACIOTI Dunlap, TN 37327
P. O. Box 190683
Nashville, TN 37219-0683
Judge:RUSSELL
First Paragraph:
This case has an unusually long and complicated history. The
employee/plaintiff fell at work on September 26, 1990 injuring her
back. The trial did not take place until April 12, 1995; and the
issues were taken under advisement until July 10, 1996. The plaintiff
was awarded temporary total disability benefits from September 26,
1990, through November 9, 1990, a total of $1,176.00. The defendant
was held liable for the medical bills of Drs. Richard W. Brackett,
Paul A. Broadstone and John W. Laramore; and the plaintiff was judged
responsible for any other medical expenses incurred in the past, but
future medical expenses were ordered paid by the defendant. Certain
expenses in connection with depositions were assessed as discretionary
costs to be paid by the defendant, as were the regular court costs.
URL:http://www.tba.org/tba_files/TSC_WCP/paynevj_opn.WP6
CAROL POTKAN
vs.
SATURN CORPORATION
Court:TSC - Workers Comp Panel
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
THOMAS H. PEEBLES, IV J. ANTHONY ARENA
DANA C. McLENDON, III SCHULMAN, LEROY & BENNETT
WALLER, LANSDEN, DORTH & DAVIS P.O. Box 190676
P.O. Box 1035 Nashville, TN 37219-0676
Columbia, TN 38402-1035
Judge:RUSSELL
First Paragraph:
The plaintiff/appellee, Carol Potkan, sustained work precipitated
bilateral carpal tunnel syndrome doing assembly line work for the
defendant/appellant, Saturn Corporation. She underwent a surgical
release on the right, but declined recommended surgery on the left.
The surgery was performed on February 20, 1992. She returned to her
prior job the following April, but was unable after two months to
perform those duties because of pain in her arms. She worked for the
next three years on light duty work at Saturn, experiencing a minimum
of pain.
URL:http://www.tba.org/tba_files/TSC_WCP/potkanc_opn.WP6
IRENE G. VANCE
vs.
PRINTING INDUSTRY ASSOCIATION
OF THE SOUTH
Court:TSC - Workers Comp Panel
Attorneys:
For Appellant: For Appellee:
Daniel C. Todd Joseph L. Mercer, III
Evans & Todd Nashville, Tennessee
Nashville, Tennessee
Judge:Loser
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting
of findings of fact and conclusions of law. The employer contends the
employee's injury did not arise out of her employment. The employee
contends the award is inadequate. As discussed below, the panel has
concluded the judgment should be affirmed.
URL:http://www.tba.org/tba_files/TSC_WCP/vanceig_opn.WP6
BELLSOUTH TELECOMMUNICATIONS, INC.
d/b/a SOUTH CENTRAL BELL TELEPHONE
COMPANY
vs.
H. LYNN GREER, Chairman, SARA KYLE,
Director, and MELVIN J. MALONE, Director,
Constituting the Tennessee Regulatory Authority
BELLSOUTH TELECOMMUNICATIONS, INC.
vs.
TENNESSEE PUBLIC SERVICE COMMISSION
STATE OF TENNESSEE, on relations of
BELLSOUTH TELECOMMUNICATIONS, INC.
KEITH BISSELL, STEVE HEWLETT, and
SARA KYLE, in their capacity as Commissioners
of the Tennessee Public Service Commission
Court:TCA
Attorneys:
For BellSouth Telecommunications, Inc.:
Guy M. Hicks, III
Bennett L. Ross
Nashville, Tennessee
James G. Harralson
Atlanta, Georgia
For AT&T Communications of the
South Central States, Inc.:
Val Sanford
John Knox Walkup
Gullett, Sanford, Robinson & Martin
Nashville, Tennessee
For Tennessee Public Service Comm.:
Charles W. Burson
Attorney General & Reporter
Michael E. Moore
Solicitor General
Michael W. Catalano
Associate Solicitor General
Nashville, Tennessee
For Tennessee Consumers:
Charles W. Burson
Attorney General & Reporter
Michael E. Moore
Solicitor General
L. Vincent Williams
Consumer Advocate
Nashville, Tennessee
Judge:KOCH
First Paragraph:
BellSouth Telecommunications, Inc. has filed a petition for rehearing
that requests this court to modify its October 1, 1997 opinion to
include a holding that BellSouth's price regulation plan became
effective on March 1, 1996. At our invitation, the other parties to
this appeal have now responded. AT&T Communications of the South
Central States, Inc. asserts that the issues raised by BellSouth are
within the original, primary jurisdiction of the Tennessee Regulatory
Authority. The Tennessee Regulatory Authority asserts that setting
March 1, 1996 as the effective date of BellSouth's price regulation
plan is improper because BellSouth has not been operating under a
price regulation plan as a result of our April 3, 1996 stay order.
The Consumer Advocate Division launches an unfocused fusillade of
complaints that our October 1, 1997 opinion "overlooks" or
"misapprehends" prior case law, material facts, and the arguments in
the Consumer Advocate's earlier briefs.
URL:http://www.tba.org/tba_files/TCA/bellsouth_opn.WP6
CHARLES E. CREWS
vs.
DEXTER ROAD PARTNERS,
O.P. ADNEY, JR., Individually,
LARRY L. TAYLOR, Individually,
and W. TERRY EDWARDS, Trustee
Court:TCA
Attorneys:
For the Plaintiff/Appellee: For the Defendant/Appellant:
Julie Bartholomew Douglas Hartley
Cordova, Tennessee Cordova, Tennessee
Judge:LILLARD
First Paragraph:
In this case, the parties entered into a real estate contract in which
the seller was required to construct a road to the property by a
specified date. The road was not completed by the agreed deadline,
and the buyer sued for liquidated damages provided for by the
contract. The trial court awarded liquidated damages, and the seller
appeals. We affirm.
URL:http://www.tba.org/tba_files/TCA/crewsce_opn.WP6
CONNIE EASTERLY, COUNTY CLERK
OF SEQUATCHIE COUNTY, TENNESSEE
vs.
BILL W. HARMON, COUNTY EXECUTIVE
OF SEQUATCHIE COUNTY, TENNESSEE
Court:TCA
Attorneys:
For the Plaintiff/Appellee: For the Defendant/Appellant:
Graham Swafford Thomas A. Greer, Jr.
Jasper, Tennessee Dunlap, Tennessee
Judge:LILLARD
First Paragraph:
This is a suit brought by a county clerk against the county executive,
seeking additional remuneration for deputy clerks in the county
clerk's office. The trial court found in part for the county clerk,
awarding some, but not all, of the relief requested. We affirm in
part, reverse in part, and remand.
URL:http://www.tba.org/tba_files/TCA/easterlc_opn.WP6
CHARLES G. FOSSETT
vs.
STATE OF TENNESSEE
Court:TCA
Attorneys:
For the Claimant/Appellant: For the Defendant/Appellee:
Nancy E. Ryan Mary M. Bers
Memphis, Tennessee Nashville, Tennessee
Judge:LILLARD
First Paragraph:
This is a suit for reimbursement of child support payments. The
Tennessee Claims Commission dismissed the plaintiff's lawsuit against
the State of Tennessee, based on lack of jurisdiction. We affirm.
URL:http://www.tba.org/tba_files/TCA/fossettc_opn.WP6
NANCY CATHERINE GERALDO
vs.
VANDERBILT UNIVERSITY
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendant/Appellee:
David E. Danner William N. Ozier
Nashville, Tennessee Nashville, Tennessee
Judge:LILLARD
First Paragraph:
This case involves a challenge to a student disciplinary board
proceeding at a private university. The student alleges, among other
things, that the university breached its contract with her and
violated her rights to due process and fundamental fairness. The
trial court granted summary judgment in favor of the university. We
affirm.
URL:http://www.tba.org/tba_files/TCA/geraldon_opn.WP6
MICHAEL SANDERSON
vs.
UNIVERSITY OF TENNESSEE
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendant/Appellee:
Marilyn L. Hudson Beauchamp E. Brogan
Knoxville, Tennessee Ronald C. Leadbetter
Knoxville, Tennessee
Judge:LILLARD
First Paragraph:
In this case, a student at the University of Tennessee was charged
with plagiarism. After a hearing, an administrative law judge found
that the student had not committed plagiarism. The University
Chancellor reversed the ALJ's decision, issuing a final order finding
the student guilty of plagiarism. The student appealed this decision
to the chancery court, pursuant to the Tennessee Uniform
Administrative Procedures Act, which affirmed the finding of
plagiarism. We affirm the decision of the chancery court.
URL:http://www.tba.org/tba_files/TCA/sanderut_opn.WP6
O. W. WINSETT
vs.
PAUL ORR and MARY ORR
Court:TCA
Attorneys:
For the Plaintiff/Appellee: For the Defendant/Appellant:
Douglas Hartley W. Mark Ward
Mike H. White Memphis, Tennessee
Cordova, Tennessee
Judge:LILLARD
First Paragraph:
This case involves the alleged breach of an oral contract for the
construction of a home. The trial court granted the builder summary
judgment. Because some genuine issues of material fact exist, we
affirm in part, reverse in part, and remand.
URL:http://www.tba.org/tba_files/TCA/winsetow_opn.WP6
STATE OF TENNESSEE
vs.
MICHAEL ADDISON
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
A.C. Wharton, Jr. Charles W. Burson
District Public Defender Attorney General of Tennessee
and and
W. Mark Ward William David Bridgers
Assistant Public Defender Asst Attorney General of Tennessee
201 Poplar Avenue 450 James Robertson Parkway
Suite 201 Nashville, TN 37243-0493
Memphis, TN 38103-1947
John W. Pierotti
District Attorney General
and
P. Thomas Hoover, Jr.
and
Paul F. Goodman
Asst District Attorneys General
201 Poplar Avenue
Suite 301
Memphis, TN 38103-1947
Judge:Tipton
First Paragraph:
The defendant, Michael Addison, appeals as of right from a jury
conviction in the Criminal Court of Shelby County for first degree
murder. The defendant received a sentence of life imprisonment in the
custody of the Department of Correction.
URL:http://www.tba.org/tba_files/TCCA/addisonm_opn.WP6
STATE OF TENNESSEE
vs.
SLATER BELCHER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
KEVIN W. SHEPHERD JOHN KNOX WALKUP
(on appeal and motion for new trial) Attorney General & Reporter
Attorney at Law
404 Ellis Ave. SANDY R. COPOUS
Maryville, TN 37804 Assistant Attorney General
Criminal Justice Division
MACK GARNER (trial) 450 James Robertson Parkway
District Public Defender Nashville, TN 37243-0493
NATALEE STAATS HURLEY (trial) MIKE FLYNN
Assistant District Public Defender District Attorney General
318 Court Street Blount County Courthouse
Maryville, TN 37804 Maryville, TN 37804
JERRY CUNNINGHAM
Attorney at Law
329 Cates St.
Maryville, TN 37801
Judge:WITT
First Paragraph:
The defendant, Slater Belcher, stands convicted of the first degree
murder of his best friend, Larry Wyatt, and the aggravated assault of
his wife, Denise Belcher. His convictions were returned by a jury of
his peers in the Blount County Circuit Court at the conclusion of a
five day trial. The defendant is currently serving a life sentence
for the murder conviction consecutively to a three year sentence for
the aggravated assault.
URL:http://www.tba.org/tba_files/TCCA/belchers_opn.WP6
STATE OF TENNESSEE
vs.
CHARLES GWYNNE BLEDSOE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOSEPH L. PATTERSON JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
225 West Baltimore, Suite B
Jackson, TN 38301 KENNETH W. RUCKER
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
JAMES G. WOODALL
District Attorney General
JAMES W. THOMPSON
Assistant District Attorney General
225 Martin Luther King Drive
P.O. Box 2825
Jackson, TN 38302-2825
Judge:WOODALL
First Paragraph:
The Defendant, Charles Gwynne Bledsoe, appeals as of right from his
conviction of resisting arrest following a jury trial in the Madison
County Criminal Court. In this appeal, the Defendant challenges the
sufficiency of the evidence to sustain the conviction. He also argues
that the indictment failed to allege an essential element of the
offense of resisting arrest and was therefore a void indictment. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/bledsocg_opn.WP6
JAMES A. BROWN, JR.
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES A. BROWN, JR. Pro Se JOHN KNOX WALKUP
Middle Tennessee Reception Center Attorney General and Reporter
7177 Cockrill Bend-Industrial Rd.
Nashville, TN 37209-1005 CLINTON J. MORGAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
DAN ALSOBROOKS
District Attorney General
BOB WILSON
Assistant District Attorney
P. O. Box 580
Charlotte, TN 37036
Judge:SMITH
First Paragraph:
In this appeal of the summary dismissal of his post-conviction
petition Appellant, James A. Brown, Jr., asks this Court to review the
validity of his conviction entered upon his pleas of guilty on
February 20, 1991. Appellant pleaded guilty to nine (9) county of
felony theft and one (1) count of misdemeanor theft. As part of the
plea agreement Appellant received sentences totaling 32 years with
eight years to be served in community corrections and the balance on
probation. Appellant apparently performed in a satisfactory manner
while on community corrections and he was placed on probation sooner
than expected. However, on June 19, 1995, Appellant's probation was
revoked and he was placed in the Department of Correction.
URL:http://www.tba.org/tba_files/TCCA/brownjam_ord.WP6
THOMAS E. CANTY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT C. IRBY JOHN KNOX WALKUP
4345 Mallory Avenue East Attorney General & Reporter
Memphis, TN 38111
KENNETH W. RUCKER
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
JOHN W. PIEROTTI
District Attorney General
TERRELL L. HARRIS
Assistant District Attorney General
201 Poplar Avenue, Ste. 301
Memphis, TN 38103
Judge:WOODALL
First Paragraph:
The Petitioner, Thomas E. Canty, appeals as of right from the trial
court's denial of his Petition for Post-Conviction Relief. In his
sole issue on appeal, the Petitioner argues that the trial court erred
in denying the petition. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/cantyte_opn.WP6
KENNETH LEE CLAY
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LANCE E. WEBB JOHN KNOX WALKUP
P.O. Box 26 Attorney General & Reporter
Union City, TN 38261
CLINTON J. MORGAN
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
C. PHILLIP BIVENS
District Attorney General
JOHNNY VAUGHN
Assistant District Attorney General
115 East Market
P.O. Box E
Dyersburg, TN 38025
Judge:WOODALL
First Paragraph:
Petitioner, Kenneth Lee Clay, appeals the trial court's denial of his
petition for post-conviction relief. On July 20, 1994, Petitioner was
convicted of two counts each of burglary and theft of property
following a jury trial in the Circuit Court of Lake County. He was
sentenced to four (4) years for each count, with counts one (1) and
two (2) to be served concurrently and counts three (3) and four (4) to
be served concurrently. Counts one (1) and two (2) were to be served
consecutive to the sentences imposed in counts three (3) and four (4),
for a total sentence of eight (8) years. Petitioner contends that he
was denied his Sixth Amendment right to the effective assistance of
counsel because of Counsel's: (1) failure to present an alibi defense;
(2) failure to exercise peremptory challenges during voir dire of the
jury; (3) deprivation of Petitioner's right to testify; and (4)
failure to appeal the issue of consecutive sentencing. We affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/claykl_opn.WP6
STATE OF TENNESSEE
vs.
TERRELL DION COWANS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GUY T. WILKINSON JOHN KNOX WALKUP
District Public Defender Attorney General and Reporter
P.O. Box 663
117 Forrest Avenue North EUGENE J. HONEA
Camden, TN 38320 Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
ROBERT "GUS" RADFORD
District Attorney General
P.O. Box 686
Huntingdon, TN 38344
Judge:WELLES
First Paragraph:
The Defendant, Terrell Dion Cowans, was convicted of one count of rape
of a child and one count of aggravated sexual battery. He was
sentenced as a Range I, standard offender to fifteen (15) years for
the rape of a child conviction and eight (8) years for the aggravated
sexual battery conviction, to be served concurrently. The Defendant
appeals his convictions, raising four issues: (1) That the trial court
erred by failing to grant the Defendant's motion for a new trial based
on the newly discovered evidence that one of the victims recanted her
testimony; (2) that the trial court erred by not permitting defense
counsel to question one of the victims about an alleged pregnancy by
another man; (3) that the trial court erred by failing to suppress
statements made by the Defendant; and (4) that the evidence was
insufficient to support a verdict of guilt for both convictions. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/cowanstd_opn.WP6
STATE OF TENNESSEE
vs.
NORMAN CURTIS, KEITH CHAMBERS,
GINA CHAMBERS, AND SHELLY BRAGG
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEES:
John Knox Walkup Dale M. Quillen
Attorney General & Reporter Attorney at Law
500 Charlotte Avenue 95 White Bridge Road, Suite 208
Nashville, TN 37243-0497 Nashville, TN 37205
(Counsel for Curtis and Bragg)
Eugene J. Honea
Assistant Attorney General Michael J. Flanagan
450 James Robertson Parkway Attorney at Law
Nashville, TN 37243-0493 95 White Bridge Road, Suite 208
Nashville, TN 37205
Dan M. Alsobrooks (Counsel for Keith & Gina Chambers)
District Attorney General
P.O. Box 580
Charlotte, TN 37036-0580
George C. Sexton
Assistant District Attorney General
Humphreys County Courthouse
Waverly, TN 37185
Judge:Jones
First Paragraph:
The State of Tennessee (state) appeals as of right from a judgment of
the trial court suppressing evidence seized by law enforcement
officers from the person of Norman Curtis without a search warrant,
and the residences of the Chamberses and Curtis under color of a
search warrant. Two issues are presented for review. The state
contends there were exigent circumstances which permitted officers
executing the search warrant at the Chamberses' residence to enter the
dwelling without complying with the "knock and announce" requirement.
The state further contends the search of Norman Curtis's person when
he arrived at the Chamberses' residence while the officers were
executing the search warrant was reasonable. 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 that the judgment of the trial court should be affirmed. The
State of Tennessee has failed to illustrate why the evidence contained
in the record preponderates against the findings made by the trial
court.
URL:http://www.tba.org/tba_files/TCCA/curtisn_opn.WP6
STATE OF TENNESSEE
vs.
ANTHONY D. CUTTLE
Court:TCCA
Attorneys:
For Appellant:
A. C. Wharton
Shelby County Public Defender
(on appeal)
Walker Gwinn
Assistant Public Defender
Second Floor
Criminal Justice Complex
201 Poplar
Memphis, TN 38103
(on appeal)
Barry Kuhn
Assistant Public Defender
5100 Stage Road, Suite 4
Bartlett, TN 38134
(at trial)
For Appellee:
Charles W. Burson
Attorney General & Reporter
Merrilyn Feirman
Assistant Attorney General
500 Charlotte Avenue
Nashville, TN 37243
James Lammey
Assistant District Attorney General
Third Floor
Criminal Justice Complex
201 Poplar
Memphis, TN 38103
Judge:WADE
First Paragraph:
The defendant, Anthony Cuttle, was convicted by a jury of attempted
especially aggravated kidnapping. The trial judge imposed a Range II,
twenty-year sentence.
URL:http://www.tba.org/tba_files/TCCA/cuttlead_opn.WP6
DAVID W. FELTS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
David W. Felts John Knox Walkup
Morgan County Regional Attorney General and Reporter
Correctional Facility
P.O. Box 2000 Sarah M. Branch
Wartburg, TN 37887 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
William Edward Gibson
District Attorney General
Benjamin W. Fann
Assistant District Attorney
145 S. Jefferson Avenue
Cookeville, TN 38501-3424
Judge:Barker
First Paragraph:
The appellant, David W. Felts, appeals as of right the dismissal by
the Putnam County Criminal Court of his petition for post-conviction
relief. On appeal, appellant argues that he was entitled to the
appointment of counsel and an evidentiary hearing; that he received
the ineffective assistance of counsel; and that two of the indictments
charging him were invalid. We affirm the trial court's denial of
relief.
URL:http://www.tba.org/tba_files/TCCA/feltsdw_opn.WP6
STATE OF TENNESSEE
vs.
TONY GREENE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Michael R. Jones John Know Walkup
District Public Defender Attorney General of Tennessee
and and
Russel Church Clinton J. Morgan
Assistant Public Defender Asst Attorney General of Tennessee
109 S. Second Street 450 James Robertson Parkway
Clarksville, TN 37040 Nashville, TN 37243-0493
(ON APPEAL)
John Wesley Carney, Jr.
Reese N. Bagwell, Jr. District Attorney General
116 S. Second Street and
Clarksville, TN 37040 Steve Garrett
(AT TRIAL) Asst District Attorney General
204 Franklin Street, Suite 200
Clarksville, TN 37040
Judge:Tipton
First Paragraph:
The defendant, Tony Greene, appeals as of right from a judgment of the
Montgomery County Circuit Court revoking his probation and requiring
him to serve the balance of his concurrent sentences. The defendant
contends that the trial court erred in ordering him to serve the full
balance of his sentences because less restrictive means could have
been applied. We disagree.
URL:http://www.tba.org/tba_files/TCCA/greenet_opn.WP6
TOMMIE L. HILL JR.
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
TOMMIE L. HILL, JR. JOHN KNOX WALKUP
Pro Se Attorney General and Reporter
CCA/SCCF, P. O. Box 279
Clifton, TN 38425-0279 WILLIAM D. BRIDGERS
Assistant Attorney General
MARY ANNE QUEEN
Legal Assistant
450 James Robertson Parkway
Nashville, TN 37243
JERRY WOODALL
District Attorney General
SHAUN A. BROWN
Assistant District Attorney
225 Martin Luther Kind Jr. Drive
Jackson, TN 38301
Judge:SMITH
First Paragraph:
In this case Appellant, Tommie L. Hill, Jr., appeals the summary
dismissal of his petition for post-conviction relief filed on June 1,
1995. Following a careful review of the record in this case we affirm
the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/hilltomm_opn.WP6
STATE OF TENNESSEE
vs.
DMITRI JOHNSON
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Edward DeWerff Charles W. Burson
103 South Third Street Attorney General of Tennessee
Clarksville, TN 37040 and
Karen M. Yacuzzo
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
John W. Carney, Jr.
District Attorney General
and
Charles Bush
Asst District Attorney General
204 Franklin Street
Clarksville, TN 37040
Judge:Tipton
First Paragraph:
The defendant, Dmitri Johnson, appeals as of right from the
twenty-year sentence imposed by the Circuit Court of Montgomery County
for his conviction upon a guilty plea for second degree murder, a
Class A felony. The defendant contends that the trial court
improperly relied upon facts not in evidence in its sentencing
decision. He also contends that the trial court improperly applied
three enhancement factors and refused to apply two additional
mitigating factors. We believe that the case should be remanded for a
new sentencing hearing.
URL:http://www.tba.org/tba_files/TCCA/johnsond_opn.WP6
STATE OF TENNESSEE
vs.
JERE LOWELL JOSEPH
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
G. STEPHEN DAVIS JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
208 North Mill Avenue
P.O. Box 742 DEBORAH A. TULLIS
Dyersburg, TN 38024 Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
C. PHILLIP BIVENS
District Attorney General
JAMES E. LANIER
Assistant District Attorney General
P.O. Box E
Dyersburg, TN 38024
Judge:WOODALL
First Paragraph:
The Defendant, Jere Lowell Joseph, appeals as of right, reserving a
certified question of law pursuant to Rule 37(b)(2)(iv) of the
Tennessee Rules of Criminal Procedure from his conviction of
possession with intent to sell or deliver cocaine over 0.5 grams. The
trial court denied Defendant's motion to suppress evidence seized as a
result of a search of a trailer in Dyer County where Defendant
occasionally resided.
URL:http://www.tba.org/tba_files/TCCA/josephjl_opn.WP6
STATE OF TENNESSEE
vs.
RANDY JOY
Court:TCCA
Attorneys:
FOR THE APPELLANT:
JEANNIE KAESS (At Trial)
Assistant District Public Defender
P. O. Box 700
Somerville, TN 38068
C. MICHAEL ROBBINS (On Appeal)
3074 East Street
Memphis, TN 38128
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
KENNETH W. RUCKER
Assistant Attorney General
Cordell Hull Bldg., 2nd Floor
425 5th Avenue, North
Nashville, TN 37243-0493
ELIZABETH T. RICE
District Attorney General
JERRY W. NORWOOD
Assistant District Attorney General
302 Market Street
Somerville, TN 38068
Judge:RILEY
First Paragraph:
The defendant, Randy Joy, was convicted by a Hardeman County jury of
delivering cocaine over 0.5 grams, a Class B felony. Defendant was
sentenced as a Range I, Standard Offender, to a term of eleven (11)
years in the Tennessee Department of Correction and fined in the
amount of $5,000.
URL:http://www.tba.org/tba_files/TCCA/joyr_opn.WP6
STATE OF TENNESSEE
vs.
DANNY RAY LACY
Court:TCCA
Judge:Wade
First Paragraph:
I concur in the judgment of my colleagues that the sentence and
conviction should be affirmed and write separately only to address
whether "double weighing" (use of the underlying felony as an
aggravating circumstance for the imposition of a greater sentence) is
permissible in a life without parole sentence. The majority correctly
notes that in State v. Frederick D. Butler, Dewayne B. Butler, and
Eric D. Alexander, No. 02C01-9604-CR-00128, slip op. at 21 (Tenn.
Crim. App., at Jackson, March 19, 1997), app. granted, Nov. 3, 1997,
our court held that "double-weighing" is appropriate in these
circumstances. I believe, however, that the reasoning of this court
in State v. James Lloyd Julian, II, No. 01C01-9511-CV 00371, slip op.
at 17 (Tenn. Crim. App., at Knoxville, July 24, 1997), perm. to app.
filed, Oct. 30, 1997, is more persuasive. In Julian, Judge David
Welles spoke for the panel: "We do not believe the legislature
intended to except those receiving life without parole from the
protections against double enhancement afforded those receiving death
and those receiving lesser sentences." Cf., State v. Middlebrooks,
840 S.W.2d 317 (Tenn. 1992). In my opinion, this view better reflects
the intent of our statutory scheme. See State v. Jones, 883 S.W.2d
597 (Tenn. 1994). I agree, however, with the conclusion reached by
the majority. The sentence should be affirmed, because no double
weighing occurred in this case.
URL:http://www.tba.org/tba_files/TCCA/lacydr_con.WP6
STATE OF TENNESSEE
vs.
RONNIE LAUDERDALE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
James V. Ball, Attorney John Knox Walkup
217 Exchange Avenue Attorney General and Reporter
Memphis, TN 38105
Deborah A. Tullis
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
Glen Baity
Asst District Attorney General
Criminal Justice Complex, Ste. 301
201 Poplar Avenue
Memphis, TN 38103
Judge:WADE
First Paragraph:
The defendant, Ronnie Lauderdale, was convicted of the unlawful
possession of marijuana, in excess of 14.175 grams, with the intent to
deliver. The trial court imposed a Range II, workhouse sentence of
three years and assessed a fine of $2,000.00.
URL:http://www.tba.org/tba_files/TCCA/lauderdr_opn.WP6
STATE OF TENNESSEE
vs.
JOHNNY E. MCCLAIN, JR.
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Mark E. Chapman John Knox Walkup
3608 Chesapeake Drive Attorney General and Reporter
Nashville, TN 37207
(At trial) Daryl J. Brand
Assistant Attorney General
Lionel R. Barrett 450 James Robertson Parkway
Washington Square Two Nashville, TN 37243-0493
222 Second Avenue, North
Suite 417
Nashville, TN 37201 Victor S. Johnson, III
(On appeal) District Attorney General
Nicholas D. Bailey
Assistant District Attorney
222 Second Avenue, North
Suite 500
Nashville, TN 37201-1649
Judge:Barker
First Paragraph:
The appellant, Johnny E. McClain, Jr., appeals as of right his
convictions in the Davidson County Criminal Court of especially
aggravated robbery, aggravated robbery, facilitation of attempted
first degree murder, and two counts of aggravated assault. As a Range
II offender, the appellant received an effective sentence of
seventy-five years in prison for his convictions. Finding no
reversible error in the record on appeal, we affirm both the
appellant's convictions and sentences.
URL:http://www.tba.org/tba_files/TCCA/mcclainj_opn.WP6
STATE OF TENNESSEE
vs.
RYAN MORAN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Bobby W. Sands John Knox Walkup
Attorney at Law Attorney General & Reporter
P. O. Box 1660 500 Charlotte Avenue
Columbia, TN 38402-1660 Nashville, TN 37243-0497
Georgia Blythe Felner
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
T. Michael Bottoms
District Attorney General
P. O. Box 459
Lawrenceburg, TN 38464-0459
Richard H. Dunavant
Assistant District Attorney General
P. O. Box 304
Pulaski, TN 38478-0304
Judge:Jones
First Paragraph:
The appellant, Ryan Moran (defendant), was convicted of attempted
first degree murder, a Class A felony, especially aggravated
kidnapping, a Class A felony, especially aggravated robbery, a Class A
felony, and assault, a Class A misdemeanor. The defendant entered a no
contest plea to attempted first degree murder and guilty pleas to the
remaining charges. The trial court found the defendant was a standard
offender and sentenced the defendant to the following Range I
sentences: for attempted first degree murder, twenty-five (25) years
in the Department of Correction, for especially aggravated kidnapping,
twenty-five (25) years in the Department of Correction, for especially
aggravated robbery, twenty-five (25) years in the Department of
Correction, and for assault, eleven (11) months and twenty-nine (29)
days. The trial court ordered that the sentences for attempted first
degree murder, especially aggravated kidnapping, and especially
aggravated robbery should be served consecutively. The sentence for
assault is to be served concurrently with the other sentences. The
effective sentence is confinement for seventy-five (75) years in the
Department of Correction.
URL:http://www.tba.org/tba_files/TCCA/moranr_opn.WP6
ISHAAN K. MUBARAK
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. Alanda Horne
Asst. District Attorney General
Criminal Justice Complex
Suite 301, 201 Poplar Street
Memphis, TN 38103
Judge:Hayes
First Paragraph:
The appellant, Ishaan K. Mubarak, appeals the Shelby County Criminal
Court's order denying his petition for post-conviction relief. On
July 10, 1992, a jury returned a verdict finding the appellant guilty
of conspiracy to commit murder in the first degree. He is currently
serving a twenty-five year sentence in the Department of Correction
for this offense. On May 4, 1994, the appellant filed the instant
petition for post-conviction relief alleging that he received the
ineffective assistance of counsel. Specifically, he contends that
trial counsel failed to adequately investigate the case and prepare
for trial, failed to interview potential witnesses, failed to
adequately cross-examine the State's witnesses, permitted two
potential defense witnesses to remain in the courtroom thus
disqualifying them from testifying, and advised the appellant against
accepting the State's plea offer. The post-conviction court conducted
an evidentiary hearing and denied relief. The appellant now appeals
this denial.
URL:http://www.tba.org/tba_files/TCCA/mubaraki_opn.WP6
RICHARD NELSON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Gerald Stanley Green, Attorney John Knox Walkup
147 Jefferson, Suite 1115 Attorney General and Reporter
Memphis, TN 38103
(on appeal) Deborah A. Tullis
Assistant Attorney General
William B. Seligstein, Attorney 425 Fifth Avenue North
100 North Main Building Second Floor, Cordell Hull Bldg
Memphis, TN 38103 Nashville, TN 37243
Daniel R. Woody and
James C. Beasley, Jr.
Asst District Attorneys General
201 Poplar Avenue, Third Floor
Memphis, TN 38103
Judge:WADE
First Paragraph:
The petitioner, Richard Nelson, appeals the trial court's denial of
his petition for post-conviction relief. The single issue presented
for review is whether the petitioner was afforded the effective
assistance of counsel at his trial.
URL:http://www.tba.org/tba_files/TCCA/nelsonr_opn.WP6
STATE OF TENNESSEE
vs.
ANTWAN PATTON
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Jeffrey A. DeVasher Charles W. Burson
Senior Asst. Public Defender Attorney General and Reporter
1202 Stahlman Building
Nashville, TN 37201 Jeffrey L. Hill
(On Appeal) Asst. Attorney General
Civil Rights and Claims Division
Ralph W. Newman 404 James Robertson Pkwy, Ste 2000
Asst. Public Defender Nashville, TN 37243-0488
1202 Stahlman Building
Nashville, TN 37201 Lila Statum
(At Trial) Asst. District Attorney General
Washington Square, Suite 500
Ross Alderman 222 Second Avenue North
Deputy Public Defender Nashville, TN 37201-1649
William Reed
Asst. District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
Judge:WADE
First Paragraph:
The defendant, Antwan Patton, was convicted of two counts of rape of a
child. The trial court imposed Range I, eighteen-year consecutive
sentences on each count. The result is an aggregate sentence of
thirty-six years. In this appeal of right, the defendant challenges
the sufficiency of the evidence, attacks the sufficiency of the
indictment, and complains that the trial court erred in imposing
excessive and consecutive sentences.
URL:http://www.tba.org/tba_files/TCCA/patton_wpd.WP6
STATE OF TENNESSEE
vs.
TIMOTHY ROBERSON
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Mike Mosier and Charles W. Burson
J. Colin Morris Attorney General of Tennessee
P.O. Box 1623 and
204 West Baltimore Michelle L. Lehmann
Jackson, TN 38302-1623 Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
Clayburn L. Peeples
District Attorney General
109 E. First Street
Trenton, TN 38382-1841
Judge:Tipton
First Paragraph:
The defendant, Timothy Roberson, appeals as of right from a jury
verdict of guilt in the Gibson County Circuit Court for first degree
murder and for especially aggravated robbery, a Class A felony. The
trial court sentenced the defendant to life imprisonment without
parole for the first degree murder conviction and to fifteen years in
the custody of the Department of Correction as a Range I, standard
offender for the especially aggravated robbery conviction, to be
served consecutively.
URL:http://www.tba.org/tba_files/TCCA/robrsont_opn.WP6
STATE OF TENNESSEE
vs.
FREDRICK SLEDGE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
William P. Redick Charles W. Burson
Capital Case Resource Center Attorney General and Reporter
704 - 18th Avenue South 450 James Roberston Parkway
Nashville, TN 37203 Nashville, TN 37243-0497
(ON APPEAL) and
Sharon S. Selby
Paul Bottei Assistant Attorney General
Capital Case Resource Center 450 James Roberston Parkway
704 - 18th Avenue South Nashville, TN 37243-0497
Nashville, TN 37203
(ON APPEAL) John W. Pierotti
District Attorney General
Edwin C. Lenow and
Suite 2325 John Campbell and
100 North Main Building Jerry Harris
Memphis, TN 38103 Asst District Attorneys General
(AT TRIAL) 201 Poplar Avenue
Memphis, TN 38103
Judge:Tipton
First Paragraph:
The defendant, Fredrick Sledge, was convicted by a jury in the Shelby
County Criminal Court of first degree murder and especially aggravated
robbery, a Class A felony. In the capital sentencing hearing, the
jury found the existence of one aggravating circumstance: that the
defendant had been previously convicted of one or more felonies, whose
statutory elements included the use of violence to the person. See
T.C.A. S 39-13-204(i)(2). The jury found that the aggravating
circumstance outweighed the evidence of mitigating circumstances
beyond a reasonable doubt and sentenced the defendant to death by
electrocution. He received a twenty-year, consecutive sentence for
the especially aggravated robbery.
URL:http://www.tba.org/tba_files/TCCA/sledgef_opn.WP6
STATE OF TENNESSEE
vs.
JEFFERY S. SPANN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DAVID D. WOLFE JOHN KNOX WALKUP
304 East College Street Attorney General and Reporter
Dickson, TN 37055
KAREN M. YACUZZO
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
DAN MITCHUM ALSOBROOKS
District Attorney General
ROBERT S. WILSON
Assistant District Attorney General
P. O. Box 580
Charlotte, TN 37036
Judge:RILEY
First Paragraph:
The defendant, Jeffery S. Spann, was convicted by a Dickson County
jury of second degree murder and received the maximum Range I sentence
of twenty-five (25) years.
URL:http://www.tba.org/tba_files/TCCA/spannjs_opn.WP6
STATE OF TENNESSEE
vs.
RAY L. TAYLOR
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
A.C. WHARTON JOHN KNOX WALKUP
Public Defender Attorney General and Reporter
TONY N. BRAYTON CLINTON J. MORGAN
Assistant Public Defender Assistant Attorney General
201 Poplar, Suite 2-01 425 5th Avenue North
Memphis, TN 38103 Nashville, TN 37243
JOHN W. PIEROTTI
District Attorney General
JERRY R. KITCHEN
Asst District Attorney General
Criminal Justice Complex, Suite 301
201 Poplar Street
Memphis, TN 38103
Judge:WELLES
First Paragraph:
The Defendant, Ray L. Taylor, appeals as of right pursuant to Rule 3
of the Tennessee Rules of Appellate Procedure. He was convicted by a
Shelby County jury of one count of aggravated burglary and one count
of theft of property valued in excess of one thousand dollars ($1000)
but less than ten thousand dollars ($10,000). The trial court
sentenced him as a Range III persistent offender to twelve years
imprisonment with the Department of Correction on each count, with the
sentences to run concurrently. In this appeal, the Defendant argues
that the evidence was legally insufficient to support the verdicts and
that the trial court erred in ruling that his prior convictions were
admissible for impeachment purposes. We affirm the judgment of the
trial court.
URL:http://www.tba.org/tba_files/TCCA/taylorrl_opn.WP6
STATE OF TENNESSEE
vs.
RONALD D. TYLER
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Terry J. Leonard John Knox Walkup
Attorney at Law Attorney General and Reporter
9 North Court Square
P. O. Box 957 Kenneth W. Rucker
Camden, TN 38320 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Robert "Gus" Radford
District Attorney General
24th Judicial District
P. O. Box 686
Huntingdon, TN 38344
Judge:Hayes
First Paragraph:
The appellant, Ronald D. Tyler, appeals the sentencing decision of the
Henry County Circuit Court following entry of guilty pleas to two
felony offenses and four class A misdemeanor offenses. These offenses
include possession of cocaine over .5 grams with intent to sell, a
class B felony, aggravated assault, a class C felony, and the
misdemeanor offenses of possession of marijuana, possession of drug
paraphernalia, and two counts of possession of a schedule IV
controlled substance. Pursuant to a negotiated plea agreement, the
appellant received a sentence of eight years for the possession of
cocaine conviction, three years for the aggravated assault conviction,
and eleven months and twenty-nine days for each of the misdemeanor
convictions. The plea agreement provided that all sentences were to
run concurrently for an effective eight year sentence. The issue of
the manner of service of the sentences was submitted to the trial
court for its determination. At the conclusion of the sentencing
hearing, the trial court imposed a sentence of split confinement, with
six months of continuous confinement in the jail followed by
supervised probation for the balance of the eight year term. The
appellant now appeals this decision contending that the sentence
imposed by the trial court is not in accordance with the principles of
the Sentencing Act of 1989. Specifically, he argues for full
probation or a sentence of Community Corrections.
URL:http://www.tba.org/tba_files/TCCA/tylerrd_opn.WP6
STATE OF TENNESSEE
vs.
RAY VANCE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
WADE C. BOBO (Trial) JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
129 S. Third St.
Clarksville, TN 37040 SARAH M. BRANCH
Assistant Attorney General
SHIPP R. WEEMS (Appeal) Criminal Justice Division
District Public Defender 450 James Robertson Parkway
Nashville, TN 37243-0493
ROBBIE T. BEAL (Appeal)
Asst. District Public Defender DAN ALSOBROOKS
P.O. Box 160 District Attorney General
Charlotte, TN 37036
JAKE LOCKERT
Asst District Attorney General
Room 206
Humphreys County Courthouse
Waverly, TN 37185
Judge:WITT
First Paragraph:
The defendant, Ray Vance, appeals his conviction of aggravated sexual
battery, which was returned by a jury of his peers in the Stewart
County Circuit Court. The defendant is presently serving a ten-year
incarcerative sentence for that conviction.
URL:http://www.tba.org/tba_files/TCCA/vancer_opn.WP6
STATE OF TENNESSEE
vs.
CHRISTOPHER DAVID WILSON
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Raymond L. Ivey Charles W. Burson
P.O. Box 229 Attorney General of Tennessee
Huntingdon, TN 38344 and
Charlotte Rappuhn
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
G. Robert Radford
District Attorney General
111 W. Paris St., P.O. Box 686
Huntingdon, TN 38344-0686
and
John Overton
Asst District Attorney General
Savannah Courthouse
Savannah, TN 38372
Judge:Tipton
First Paragraph:
The defendant, Christopher David Wilson, appeals as of right from his
jury conviction in the Circuit Court of Carroll County for first
degree murder. He received a life sentence for the conviction.
URL:http://www.tba.org/tba_files/TCCA/wilsoncd_opn.WP6
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