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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- 02-New Opinons From TSC-Rules
- 04-New Opinons From TSC-Workers Comp Panel
- 06-New Opinons From TCA
- 11-New Opinons From TCCA
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JAMES DAVID CARTER vs. STATE OF TENNESSEE Court:TSC First Paragraph: Upon consideration of the petition to rehear filed by the appellee, James David Carter, and the State's response thereto, this Court is of the opinion that the petition should be and the same is hereby denied. URL:http://www.tba.org/tba_files/TSC/carter_ord.WP6 STATE OF TENNESSEE vs. RICKY MICHAEL DIXON Court:TSC Attorneys: FOR APPELLANT: FOR APPELLEE: John Knox Walkup Jerry S. Sloan Attorney General & Reporter Chattanooga Michael E. Moore Solicitor General Elizabeth T. Ryan Assistant Attorney General Judge:HOLDER First Paragraph: The appellant, Ricky Michael Dixon, was convicted of aggravated kidnapping, aggravated assault, and attempted sexual battery. He was sentenced to twenty years for aggravated kidnapping, fifteen years for aggravated assault, and eleven months and twenty-nine days for attempted sexual battery. The sentences were ordered to run concurrently. The appellate court reversed the aggravated assault and attempted sexual battery convictions pursuant to State v. Anthony, 817 S.W.2d 299 (Tenn. 1991). We reverse the appellate court and affirm the convictions. URL:http://www.tba.org/tba_files/TSC/dixonrm_opn.WP6 URL:http://www.tba.org/tba_files/TSC/dixonrm_dis.WP6 STATE OF TENNESSEE vs. LEROY HALL, JR. Court:TSC Attorneys: FOR APPELLANT: FOR APPELLEE: Brock Mehler John Knox Walkup Nashville, Tennessee Attorney General & Reporter (Appeal Only) Michael E. Moore William R. Heck Solicitor General 212 James Building Chattanooga, Tennessee (Trial and Appeal) Amy L. Tarkington Assistant Attorney General Karla G. Gothard Nashville, Tennessee 701 Cherry Street Chattanooga, Tennessee William H. Cox, III (Trial Only) District Attorney General Eleventh Judicial District and Thomas J. Evans Asst District Attorney General Chattanooga, Tennessee Judge:DROWOTA First Paragraph: In this capital case, the defendant, LeRoy Hall, Jr., was convicted of premeditated first degree murder and aggravated arson. In the sentencing hearing, the jury found two aggravating circumstances: (1) "[t]he murder was especially heinous, atrocious or cruel in that it involved torture or serious physical abuse beyond that necessary to produce death;" and (2) "[t]he murder was committed while the defendant was engaged in committing or was attempting to commit, arson." Tenn. Code Ann. S 39-13-204(i)(5) and (7) (1991). Finding that the two aggravating circumstances outweighed mitigating circumstances beyond a reasonable doubt, the jury sentenced the defendant to death by electrocution. URL:http://www.tba.org/tba_files/TSC/halllroy_opn.WP6 STEVE HENLEY vs. STATE OF TENNESSEE Court:TSC Attorneys: For the Appellant: For the Appellee: John Knox Walkup Jack E. Seaman Attorney General & Reporter Lyell, Seaman & Shelton Nashville, Tennessee Michael E. Moore Solicitor General Paul S. Davidson Stokes & Bartholomew John H. Baker, III Assistant Attorney General Nashville, Tennessee Tom P. Thompson District Attorney General John Wooten Asst District Attorney General Hartsville, Tennessee Judge:DROWOTA First Paragraph: In this post conviction proceeding, the trial court denied relief on all grounds alleged, and specifically found that the petitioner, Steve Henley, had been afforded his constitutional right to effective assistance of counsel at the sentencing phase of his capital trial. The Court of Criminal Appeals found that the evidence preponderated against the trial court's denial of relief with respect to the sentencing phase, and concluded that Henley had been denied his right to effective assistance of counsel because trial counsel had failed to adequately investigate and prepare witnesses to testify on Henley's behalf and had failed to adequately investigate Henley's mental condition and request that he undergo a mental evaluation. Accordingly, the Court of Criminal Appeals reversed Henley's sentence of death and ordered a new sentencing hearing. Thereafter, we granted the State permission to appeal to determine whether the intermediate court erred in concluding that the evidence preponderates against the trial court's finding that Henley was afforded his right to effective assistance of counsel at sentencing. After carefully reviewing the record, we have determined that the evidence supports the trial court's finding. Accordingly the judgment of the Court of Criminal Appeals ordering a new sentencing hearing is reversed, and the trial court's decision denying the petition for post conviction relief on all grounds alleged is reinstated. URL:http://www.tba.org/tba_files/TSC/henleys_opn.WP6 URL:http://www.tba.org/tba_files/TSC/henleys_dis.WP6 JACKSON BRADLEY vs. LORETTO CASKET COMPANY, INC., HARTFORD CASUALTY INSURANCE COMPANY and LIBERTY MUTUAL INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: BLAKELEY D. MATTHEWS DAVID L. ALLEN LEIGH A. BUCKLEY P.O. Box 369 CORNELIUS & COLLINS Lawrenceburg, TN 38474 P.O. Box 190695 Nashville, TN 37219 Judge:RUSSELL First Paragraph: This case was compromised and settled by an agreed order entered on August 16, 1994. URL:http://www.tba.org/tba_files/TSC_WCP/bradleyj_opn.WP6 WALLACE EARL PALMORE vs. FRITO-LAY, INC. and SECOND INJURY FUND Court:TSC - Workers Comp Panel Attorneys: FOR THE APPELLANTS: FOR THE APPELLEE: BRYAN ESSARY BEN BOSTON SHIRLEY A. IRWIN BOSTON, BATES, HOLT GIDEON & WISEMAN & SOCKWELL NationsBank Plaza, Suite 1900 P.O. Box 357 Nashville, TN 37219-1782 Lawrenceburg, TN 38464 SECOND INJURY FUND CHARLES W. BURSON Attorney General and Reporter SANDRA E. KEITH Assistant Attorney General Cordell Hull Bldg., Second Floor 426 5th Ave. North Nashville, TN 37243 Judge:RUSSELL First Paragraph: Wallace Earl Palmore was working for Frito-Lay, Incorporated, on October 2, 1992, at a labor intensive job of shoveling peanut butter and cheese filling into a snack sandwich making machine. He had been working twelve hour shifts at this particularly physically demanding job for more than a year. Mr. Palmore had a congenital back spondylolysis with spondylolisthesis and degenerative disc disease. On said date his back pain became so intense that he could no longer work for Frito-Lay. URL:http://www.tba.org/tba_files/TSC_WCP/palmorew_opn.WP6 CRAIG RING vs. CKR INDUSTRIES, INC. and THE YASUDA FIRE & MARINE INSURANCE COMPANY OF AMERICA Court:TSC - Workers Comp Panel Attorneys: For the Appellants: A. Gregory Ramos Janice Cimbalo NORTH, PURSELL & RAMOS Nashville, Tennessee For the Appellee: Floyd Don Davis FLOYD DON DAVIS, P.C. Winchester, Tennessee Judge:MALOAN First Paragraph: The defendants, CKR Industries, Inc. and The Yasuda Fire & Marine Insurance Company of America, appeal the judgment of the trial court in finding the plaintiff, Craig Ring, sustained a compensable work-related injury and awarding permanent partial disability of twenty-five percent (25%) to the left arm. For the reasons stated in this opinion, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TSC_WCP/ringc_opn.WP6 LOUIS RAY SMITH vs. ZURICH INSURANCE COMPANY and LEAR SEATING CORPORATION Court:TSC - Workers Comp Panel Attorneys: For the Appellant: For the Appellee: Mark A. Skelton Jeffrey C. Taylor 121 South Depot St. Wimberly, Lawson & Seale, PLLC Rogersville, TN 37857 Liberty Center 929 West First North St. P.O. Box 1066 Morristown, TN 37816 Judge:BYERS First Paragraph: The plaintiff alleged he had sustained permanent impairment as a result of an accident on November 8, 1994, while employed by the defendant. URL:http://www.tba.org/tba_files/TSC_WCP/smith_lr_wc.WP6 SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL December 8, 1997 Court:TSC - Rules URL:http://www.tba.org/tba_files/TSC_RULES/statelst12_opn.WP6 SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL December 15, 1997 Court:TSC - Rules URL:http://www.tba.org/tba_files/TSC_RULES/statelst13_opn.WP6 GARY BIRDWELL, individually and d/b/a BIRDWELL HOME BUILDERS vs. BRADLEY S. McKINNEY and ELIZABETH P. McKINNEY Court:TCA Attorneys: For the Plaintiff/Counter-Defendant/ For the Defendants/ Counter-Plaintiffs/ Appellee: Appellants: Homer R. Ayers Steven E. Anderson Goodlettsville, Tennessee Nashville, Tennessee Judge:LILLARD First Paragraph: This case arises out of the construction of a home. The builder filed suit against the homeowners for monies allegedly due him, and the homeowners countersued for alleged contract breaches and defects in construction. The trial court found that both parties had breached the contract and awarded damages to both parties with a balance due the builder. Both parties appeal. We affirm in part and reverse in part. URL:http://www.tba.org/tba_files/TCA/birdwelg_opn.WP6 ROBERT HUNT vs. TIRE AMERICA, INC., BRIDGESTONE/FIRESTONE, INC. Court:TCA Attorneys: HARRY WIERSEMA, JR., OF KNOXVILLE FOR APPELLANT DENNIS L. BABB and VONDA M. LAUGHLIN OF KNOXVILLE FOR TIRE AMERICA, INC. DOUGLAS L. DUTTON OF KNOXVILLE FOR BRIDGESTONE/FIRESTONE, INC. Judge:Goddard First Paragraph: Robert Hunt appeals the dismissal of his suit against Tire America, Inc.("Tire America"), and Bridgestone/Firestone, Inc., by summary judgment. The suit sought damages for personal injuries and vehicle damages against the Defendants based upon breach of warranties of merchantability and fitness for purpose, failure to warn, and violation of the Tennessee Consumer Protection Act, Title 47, Chapter 18, T.C.A. URL:http://www.tba.org/tba_files/TCA/huntr_opn.WP6 IN RE: THE CONSERVATORSHIP OF MATTHEW HURLINE vs. LONEY HUTCHINS, INDIVIDUALLY, and A.R.C., INC. d/b/a 21ST CENTURY LIVING SERVICES vs. SHEILA McNAMARA Court:TCA Attorneys: Samuel F. Anderson, Nashville, Tennessee Dan R. Alexander, Nashville, Tennessee Attorney for Third Party Defendant/Appellant. John R. Phillips, Jr., Timothy R. Rector, PHILLIPS & INGRUM, Gallatin, Tennessee Attorney for Third Party Plaintiff/Appellee. Judge:FARMER First Paragraph: In 1983, at the age of 14, Matthew Hurline was involved in an accident and sustained a severe closed head injury which resulted in cognitive and behavioral disabilities. Since that time, Matthew has required assistance with his daily care. A 1996 neuro-psychological evaluation found him incapable of "living outside of a supervised setting" and needing "at least minimal assistance for all daily activities to maintain safety and focus on task." On December 30, 1991, Matthew's mother, Sheila McNamara, the appellant, was appointed his legal guardian by a Maryland court. This litigation is an attempt to determine whether Ms. McNamara can be held legally and financially accountable to the person and facility who has primarily provided Matthew's daily care since early 1992, the appellees, Loney Hutchins, individually, (Hutchins) and A.R.C., Inc. d/b/a 21st Century Living Services. The trial court entered a default judgment against McNamara in the amount of $107,760, for the care and services provided Hurline from January 1995 to August 6, 1996. The court also entered a judgment against Hurline, individually, and the Hurline conservatorship, in the amount of $115,260. Ms. McNamara has appealed from the judgment. For the reasons expressed below, we reverse and remand. URL:http://www.tba.org/tba_files/TCA/hurlinma_opn.WP6 BRIAN DAVID McCRAY vs. IRENE CAROL KLANSECK McCRAY Court:TCA Attorneys: WILLIAM S. FLEMING 207 West 8th Street P.O. Box 90 Columbia, Tennessee 38402-0090 ATTORNEY FOR PLAINTIFF/APPELLANT L. Bruce Peden MOORE & PEDEN 29 Public Square P.O. Box 981 Columbia, Tennessee 38402-0981 ATTORNEY FOR DEFENDANT/APPELLEE Judge:TODD First Paragraph: This appeal seeks review of a post-divorce decree judgment entered by the Trial Court on December 6, 1996, finding the husband guilty of contempt, adjusting alimony and child support, determining the amount of unpaid arrearage of each, ordering monthly payments of the adjudicated arrearage and committing the husband to jail upon failure to pay any monthly installment required by the order. On August 1, 1997, this Court filed an opinion disposing of a previous appeal from an order entered by the Trial Court December 22, 1995. No application was filed for permission to appeal to the Supreme Court, and mandate was issued to the Trial Court. The August 1, 1997 judgment of this Court is now final. URL:http://www.tba.org/tba_files/TCA/mccraybd_opn.WP6 CITY OF MURFREESBORO, a Municipal Corporation in Rutherford County, State of Tennessee vs. MARIANN M. WORTHINGTON CITY OF MURFREESBORO, a Municipal Corporation in Rutherford County, State of Tennessee vs. THOMAS W. WORTHINGTON and wife, Mariann M. Worthington Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendants/Appellees: Thomas L. Reed, Jr. Granville S.R. Bouldin, Jr. Jerry E. Farmer Murfreesboro, Tennessee Murfreesboro, Tennessee Judge:LILLARD First Paragraph: This is a condemnation case. The sole issue at trial was the amount of compensation the landowners should receive. A jury returned a verdict awarding the landowners a total of $30,500. On appeal, the appellant condemning authority contends that the trial court erred in allowing tax appraisals performed on the property to be introduced into evidence and that the trial court used the wrong valuation method. We reverse and remand for a new trial. URL:http://www.tba.org/tba_files/TCA/murfreew_opn.WP6 BARBARA ANDREWS PIPER vs. DONALD McLEAN ANDREWS Court:TCA Attorneys: For the Plaintiff/Appellant: For the Defendant/Appellee: Thomas F. Bloom John R. Phillips Jr. Nashville, Tennessee Gallatin, Tennessee Judge:LILLARD First Paragraph: This is a post-divorce action in which the mother seeks an increase in child support. The mother sought an increase based on the father's income from the closely-held corporation of which he is the sole shareholder, as well as on the fact that the father's visitation was less than the standard under the child support guidelines. The trial court granted the mother an increase in an amount less than the she sought. We affirm in part, reverse in part, and remand. URL:http://www.tba.org/tba_files/TCA/piperbar_opn.WP6 GREGG BAILEY vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Gregg Bailey, Pro Se John Knox Walkup Route 1, TCIP, Annex Attorney General & Reporter Only, TN 37140 Timothy F. Behan Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 H. Greeley Wells, Jr. District Attorney General Robert Montgomery Asst District Attorney General P.O. Box 526 Blountville, TN 37617-0526 Judge:SUMMERS First Paragraph: In 1981 the appellant, Gregg Bailey, was convicted by a jury of armed robbery and assault with the intent to commit second degree murder. On direct appeal his convictions and sentence were affirmed by this Court. Thereafter, the appellant filed a petition seeking post-conviction relief. This Court affirmed the dismissal of that petition. In 1996 the appellant filed his second petition for post-conviction relief alleging a double jeopardy violation. The trial court dismissed the petition on the ground that it was barred by the statute of limitations. URL:http://www.tba.org/tba_files/TCCA/baileygr_opn.WP6 STATE OF TENNESSEE vs. JAMES T. BINGHAM, JESSIE W. BAKER, AND DONALD RAY PATTERSON Court:TCCA Attorneys: FOR THE APPELLANTS: FOR THE APPELLEE: Bingham & Baker Charles W. Burson Andrew Jackson Dearing, III Attorney General & Reporter Attorney at Law 117 South Main Street Lisa A. Naylor Suite 101 Assistant Attorney General Shelbyville, TN 37160 Criminal Justice Division 450 James Robertson Parkway Patterson Nashville, TN 37243-0493 Bethel Campbell Smoot, Jr. District Public Defender C. Michael Layne District Attorney General Rachel E. Willis 307 S. Woodland Assistant Public Defender P.O. Box 147 606 East Carroll Street Manchester, TN 37355 P.O. Box 260 Tullahoma, TN 37388 Judge:SUMMERS First Paragraph: The appellants, Donald Patterson, Jamie Bingham, and Jessie Baker, were arrested for committing various crimes. Jamie Bingham was indicted on three counts of burglary of a motor vehicle and six misdemeanor counts of theft. Jessie Baker was indicted on two counts of burglary of a motor vehicle and three counts of misdemeanor theft. Donald Patterson was indicted on two counts of burglary of a motor vehicle and two counts of misdemeanor theft. Each appellant pled guilty to all of the indicted charges. After a sentencing hearing, all of the appellants were classified as standard Range I offenders, but they received different effective sentences due to the number and nature of their individual crimes. On appeal, each of the appellants challenges the manner and length of his sentences. Upon review, we affirm each of the appellant's sentences. URL:http://www.tba.org/tba_files/TCCA/bingbakp_opn.WP6 STATE OF TENNESSEE vs. DAVIS OLIVER BROWN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ARDENA J. GARTH JOHN KNOX WALKUP District Public Defender Attorney General & Reporter DONNA ROBINSON MILLER JANIS L. TURNER Assistant Public Defender Assistant Attorney General 701 Cherry Street, Suite 300 2nd Floor, Cordell Hull Building Chattanooga, TN 37402 425 Fifth Avenue North Nashville, TN 37243-0943 WILLIAM COX District Attorney General JOHN A. BOBO, JR. Asst District Attorney General 600 Market Street, Suite 310 Chattanooga, TN 37402 Judge:WOODALL First Paragraph: The Defendant, Davis Oliver Brown, appeals as of right from the sentences imposed by the trial court upon his pleas of guilty to vehicular homicide and vehicular assault in the Criminal Court of Hamilton County. Defendant pled guilty without any agreement between himself and the State as to the length or manner of service of the sentences. The trial court sentenced Defendant, as a Range I, Standard Offender, to the maximum sentence of twelve (12) years for the vehicular homicide conviction and the maximum sentence of four (4) years for the vehicular assault conviction. The court further ordered the sentences to be served consecutively. In this appeal, Defendant presents two issues for review: (1) whether the trial court erred by imposing the maximum sentences in each case and (2) whether the trial court erred by ordering the sentences to be served consecutively. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/browndo_opn.WP6 MITCHELL L. CORSO, SR. vs. CHARLES JONES, WARDEN, & STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Mitchell L. Corso, Sr., Pro Se John Knox Walkup M.C.R.C.F. Attorney General & Reporter P.O. Box 2000 Wartburg, TN 37887 Sandy Copous Patrick Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Charles E. Hawk District Attorney General Frank A. Harvey Asst District Attorney General P.O. Box 703 Kingston, TN 37763 Judge:SUMMERS First Paragraph: The appellant, Mitchell L. Corso, Sr., pled guilty to aggravated rape. He was sentenced to fifteen years incarceration in the Tennessee Department of Correction. He, thereafter, filed a petition for habeas corpus relief. In his petition he alleged that the indictment against him was insufficient for failing to allege a mens rea. He contends his conviction is void. The trial court dismissed the petition finding that it was not proper for habeas corpus review. The trial court based this finding on the fact that the appellant's conviction was not void on its face and that his sentence had not expired. He appeals this dismissal. Upon review, we affirm. URL:http://www.tba.org/tba_files/TCCA/corsomit_opn.WP6 STATE OF TENNESSEE vs. FREDDIE JOE DAY, JR. Court:TCCA Attorneys: For the Appellant: For the Appellee: Stephen M. Wallace John Knox Walkup District Public Defender Attorney General and Reporter Terry L. Jordan Clinton J. Morgan Assistant Public Defender Assistant Attorney General P.O. Box 839 450 James Robertson Parkway Blountville, TN 37617 Nashville, TN 37243-0493 H. Greeley Wells, Jr. District Attorney General Rebecca H. Davenport Assistant District Attorney P.O. Box 526 Blountville, TN 37617 Judge:BARKER First Paragraph: The appellant, Freddie Joe Day, Jr., appeals as of right his convictions and sentences in the Sullivan County Criminal Court. After a jury trial, the appellant was convicted of especially aggravated kidnapping and aggravated assault and was sentenced as a Range I offender to twenty five (25) years for the kidnapping offense and six (6) years for aggravated assault. The sentences were ordered to run concurrently for a total effective sentence of twenty five years. URL:http://www.tba.org/tba_files/TCCA/dayfj_opn.WP6 STATE OF TENNESSEE vs. AARON ECKARD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SHARA A. FLACY JOHN KNOX WALKUP District Public Defender Attorney General & Reporter JOHN R. WINGO LISA A. NAYLOR Assistant Public Defender Assistant Attorney General 128 North Second Street 2nd Floor, Cordell Hull Building P.O. Box 1208 425 Fifth Avenue North Pulaski, TN 38478 Nashville, TN 37243 T. MICHAEL BOTTOMS District Attorney General JESSE DURHAM Asst District Attorney General 10 Public Square P.O. Box 1619 Columbia, TN 38402-1619 Judge:WOODALL First Paragraph: The Defendant, Aaron Eckard, appeals as of right. Pursuant to a negotiated plea agreement, the Defendant pled guilty to arson in the Circuit Court of Maury County and was sentenced to six years in the Tennessee Department of Correction. In his sole issue on appeal, the Defendant argues that the trial court erred in denying alternative sentencing and ordering him to serve the six years in confinement. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/eckarda_opn.WP6 DANNY GARRETT vs. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Danny Garrett, Pro Se John Knox Walkup # 123195 Attorney General and Reporter Northeast Correction Center P.O. Box 5000 Timothy F. Behan Mountain City, TN 37683 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 Randall E. Nichols District Attorney General City-County Building Knoxville, TN 37902 Judge:WADE First Paragraph: The defendant, Danny Garrett, appeals the trial court's denial of post conviction relief. The single issue presented for review is whether the petition was barred by the statute of limitations. URL:http://www.tba.org/tba_files/TCCA/garretd_opn.WP6 CLAUDE KENT GREGG vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: HEISKELL WINSTEAD JOHN KNOX WALKUP 4325 Highway 66 South, Attorney General and Reporter Suite 101 Rogersville, TN 37857 PETER M. COUGHLAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 C. BERKLEY BELL District Attorney General 510 Allison Street Morristown, TN 37814 Judge:WELLES First Paragraph: The Defendant, Claude Kent Gregg, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He was convicted by a Hamblen County jury of vehicular homicide by intoxication, a Class C felony at the time the offense was committed. He was sentenced as a standard offender to the minimum of the range of three years incarceration to be served in the Hamblen County Jail. The Defendant raises two issues in this appeal: (1) That the evidence was insufficient to support a verdict of guilt for vehicular homicide, and (2) that the trial judge abused his discretion by denying probation. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/greggck_opn.WP6 STATE OF TENNESSEE vs. BRADLEY JOE HOUSEWRIGHT Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RICHARD SPIVEY JOHN KNOX WALKUP 142 Cherokee Street Attorney General and Reporter Kingsport, TN 37660 SANDY C. PATRICK Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 GREELEY WELLS District Attorney General ROBERT MONTGOMERY Asst District Attorney General Sullivan County Justice Center Blountville, TN 37617 Judge:WELLES First Paragraph: This is an appeal as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Defendant, Bradley Joe Housewright, pleaded nolo contendere to five counts of assault, Class A misdemeanors, and one count of vehicular homicide, a Class B felony. Pursuant to a plea agreement, he was sentenced to eleven months and twenty-nine days for each assault conviction and eight years for the vehicular homicide conviction. The sentences were ordered to be served concurrently. The trial court considered and denied alternative sentencing and ordered the Defendant to serve his sentences in the Department of Correction. The Defendant raises three intertwined issues in this appeal: (1) That the trial court erred by denying the Defendant's request for alternative sentencing; (2) that the trial court erred by rejecting the proposition that the fact a death occurred is not a proper factor to consider in deciding alternative sentencing; and (3) that the court erred by applying the exceptional circumstances rule in denying alternative sentencing. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/housewbj_opn.WP6 STATE OF TENNESSEE vs. STEPHEN KOPROWSKI Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DOUGLAS A. TRANT JOHN KNOX WALKUP 900 S. Gay Street Attorney General and Reporter Suite 1502 Knoxville, TN 37902 ROBIN L. HARRIS Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 JAMES N. RAMSEY District Attorney General JAN HICKS Assistant District Attorney 127 A. C. Courthouse Clinton, TN 37716 Judge:SMITH First Paragraph: In this appeal of the summary dismissal of his post-conviction petition Appellant, Stephen Koprowski, asks this Court to review the validity of the dismissal of his post conviction petition filed on April 26, 1996. On April 28, 1992, Appellant pleaded guilty to simple possession of marijuana. He was sentenced to 11 months and 29 days. Appellant alleges that he was not fully advised of his rights as set out in Rule 11 of the Tennessee Rules of Criminal Procedure. In addition, Appellant alleges that he was not advised of his rights against self-incrimination, to confront witnesses and to a jury trial. On December 15, 1995, the Appellant's sentence was enhanced in the United States District Court, and Appellant now seeks post-conviction relief as to the alleged constitutionally invalid guilty plea. URL:http://www.tba.org/tba_files/TCCA/koproste_ord.WP6 STATE OF TENNESSEE vs. TREVA STRICKLAND Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DAVID B. HILL JOHN KNOX WALKUP 301 E. Broadway Attorney General and Reporter Newport, TN 37821 TIMOTHY F. BEHAN Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 AL SCHMUTZER, JR. District Attorney General JAMES B. DUNN Asst District Attorney General 339A East Main Street Newport, TN 37821 Judge:WELLES First Paragraph: The Defendant, Treva Strickland, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. She was convicted by a Cocke County jury of one count of aggravated arson and one count of attempted first degree murder. The trial court sentenced her as a Range I standard offender to twenty-five years imprisonment with the Department of Correction on each count, with the sentences to run concurrently. In this appeal, the Defendant argues that the trial court erred in sentencing her to twenty-five years incarceration. After reviewing the record, we conclude that the Defendant's issue lacks merit. Accordingly, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/strickla_opn.WP6
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