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TBALink Opinion-Flash
December 31, 1997 -- Volume #3 -- Number #137
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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- 01-New Opinons From TSC-Rules
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- 06-New Opinons From TCA
- 35-New Opinons From TCCA
- 06-New Opinons From TSC
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George Dean
TBALink Chief Editor
STATE OF TENNESSEE vs. WILLIAM JEFFERY CARICO Court:TSC Attorneys: For Plaintiff-Appellee: For Defendant-Appellant: W. Knox Walkup Burkett C. McInturff Attorney General & Reporter Kingsport Nashville Michael E. Moore Solicitor General Nashville Michael W. Catalano Associate Solicitor General Nashville Berkeley Bell District attorney General Greeneville Doug Godbee Assistant Attorney General Rogersville Judge:REID First Paragraph: The application for permission to appeal from the conviction of aggravated rape and a Range I sentence of 25 years was granted in part, to consider two of the several issues decided by the Court of Criminal Appeals, which affirmed the conviction and the sentence. In those issues, the appellant insists that the delay in initiating the prosecution was a violation of his constitutional rights to a speedy trial and due process and that the sentence imposed is excessive. The conviction and the sentence are affirmed. URL:http://www.tba.org/tba_files/TSC/caricowj_opn.WP6
STATE OF TENNESSEE
vs.
JOHNNY LEE CLEVELAND, III,
a/k/a AKEM ISMIL FUGUAN
Court:TSC
Attorneys:
For Appellant: For Appellee:
John Knox Walkup Ardena J. Garth
Attorney General & Reporter District Public Defender
Michael E. Moore Donna Robinson Miller
Solicitor General Asst District Public Defender
Chattanooga, Tennessee
Darian B. Taylor
Assistant Attorney General
Nashville, Tennessee
At Trial:
William H. Cox
District Attorney General
H. C. Bright
Assistant District Attorney General
Chattanooga, Tennessee
Judge:ANDERSON
First Paragraph:
The primary issue presented in this appeal of a conviction for
attempted aggravated rape is whether the absence of a juror during a
portion of the closing argument was harmless error, or whether it was
prejudicial to the judicial process and required a new trial. A
secondary issue is whether the trial court should have instructed the
jury that aggravated assault is a lesser included offense of attempted
aggravated rape.
URL:http://www.tba.org/tba_files/TSC/clevejl_opn.WP6
STATE OF TENNESSEE
vs.
ROGER DALE LEWIS
Court:TSC
Attorneys:
For Appellant: For Appellee:
PETER D. HEIL JOHN KNOX WALKUP
Nashville, TN Attorney General and Reporter
MICHAEL E. MOORE
Solicitor General
GORDON W. SMITH
Assistant Solicitor General
Nashville, TN
LAWRENCE RAY WHITLEY
District Attorney General
C. WAYNE HYATT
Assistant District Attorney
General
Gallatin, TN
Judge:BIRCH
First Paragraph:
Roger Dale Lewis, the appellant, was convicted of five counts of
aggravated arson. He was sentenced to an effective thirty years in
the Department of Correction. The Court of Criminal Appeals affirmed
the trial court's judgment.
URL:http://www.tba.org/tba_files/TSC/lewisr_opn.WP6
EMMA D. TURNER and
RUFUS L. TURNER
vs.
HAROLD W. JORDAN, M.D.,
Court:TSC
Attorneys:
For Appellants/Cross-Appellees: For Appellee/Cross Appellant:
William D. Leader, Jr. W. Warner McNeilly, Jr.
Eugene N. Bulso, Jr. WATKINS, McGUGIN,
BOULT, CUMMINGS, CONNERS McNEILLY & ROWAN
& BERRY, PLC Nashville, Tennessee
Nashville, Tennessee
Judge:ANDERSON
First Paragraph:
We granted this appeal to determine whether a psychiatrist owed a duty
of care to protect a hospital nurse from the violent and intentional
acts of a hospitalized mentally ill patient. If such a duty is owed,
the next issue to be decided is whether the patient's intentional
conduct should be considered in determining comparative fault under
McIntyre v. Balentine, 833 S.W.2d 52 (Tenn. 1992). The final issue is
whether, after finding that the jury verdict as to fault is contrary
to the weight of the evidence, the trial court may reallocate
comparative fault in lieu of ordering a new trial.
URL:http://www.tba.org/tba_files/TSC/turnered_opn.WP6
STATE OF TENNESSEE
vs.
DAVEY JOE VINEYARD
AND JIMMY LEE COCKBURN
Court:TSC
Attorneys:
For Plaintiff-Appellee: For Defendants-Appellants:
John Knox Walkup Kenneth L. Miller
Attorney General & Reporter Logan, Thompson, Miller,
Nashville, Tennessee Bilbo, Thompson & Fisher, P.C.
Cleveland, Tennessee
Michael E. Moore
Solicitor General
Nashville, Tennessee
Karen M. Yacuzzo
Assistant Attorney General
Nashville, Tennessee
Jerry N. Estes
District Attorney General
Athens, Tennessee
Joseph A. Rehyansky
Assistant District Attorney General
Cleveland, Tennessee
Judge:DROWOTA
First Paragraph:
In this appeal we are asked to determine whether under Article I,
Section 7 of the Tennessee Constitution a stop based upon probable
cause is valid irrespective of the subjective motivations of the
police officer making the stop. The defendant concedes that under the
Fourth Amendment to the federal constitution, the subjective
motivations of police officers are irrelevant so long as the stop is
otherwise based upon probable cause. However, the defendant asks us
to hold that, in this context, the Tennessee Constitution's
prohibition against unreasonable searches and seizures is more
stringent than the Fourth Amendment to the United States Constitution.
URL:http://www.tba.org/tba_files/TSC/vineyard_opn.WP6
STATE OF TENNESSEE
vs.
BILLY O. WINNINGHAM
Court:TSC
Attorneys:
For Appellee: For Appellant:
PHILLIPS M. SMALLING JOHN KNOX WALKUP
Byrdstown, TN Attorney General and Reporter
MICHAEL E. MOORE
Solicitor General
DARYL J. BRAND
Assistant Attorney General
Nashville, TN
WILLIAM E. GIBSON
District Attorney General
ANTHONY W. HUDDLESTON
Assistant District Attorney
General
Livingston, TN
Judge:BIRCH
First Paragraph:
Billy O. Winningham, the appellee, was adjudicated in contempt of
court for having violated an order of protection issued at the request
of his estranged wife. The contemptuous conduct alleged included
setting the fire that burned down his wife's house. This same conduct
also served as the basis for an arson indictment later returned
against him.
URL:http://www.tba.org/tba_files/TSC/winningb_opn.WP6
SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
December 29, 1997
Court:TSC - Rules
URL:http://www.tba.org/tba_files/TSC_RULES/statelst15_wp.WP6
HAULERS INSURANCE COMPANY, INC.
vs.
DAMIAN V. BURKE,
and
MICHAEL T. HUNTER
Court:TCA
Attorneys:
For Appellant For Appellee Hunter
JOHN T. RICE ROGER E. JENNE
Rice, Kreitzer & Winer, P.C. Jenne, Scott & Bryant
Chattanooga, Tennessee Cleveland, Tennessee
For Appellee Burke
NO APPEARANCE
Judge:Susano
First Paragraph:
This is a declaratory judgment action filed by Haulers Insurance
Company, Inc. (Haulers). As originally filed, it sought a declaration
that Haulers was not required to indemnify or defend Damian V. Burke
(Burke) and Edward Thompson (Thompson) with respect to a suit for
personal injuries filed by Michael T. Hunter (Hunter) against Burke,
Thompson, and the owners of J & D Auto Sales. Hunter, who was allowed
to intervene in the instant case, filed a motion for summary judgment,
as did Haulers and Burke. After the underlying tort action was tried,
the trial judge in the case at bar considered the pending motions for
summary judgment. He entered a judgment on July 15, 1996, declaring
that Burke was covered as an insured up to $100,000 under the
liability feature of the garage insurance policy issued by Haulers to
Donnie Wear and Joe Guffey, a partnership which operated a used car
lot in Cleveland, Tennessee under the trade name of J & D Auto Sales.
Haulers appealed, arguing (1) that Hunter was not entitled to summary
judgment; (2) that the trial court erred in denying Haulers' motion
for summary judgment; (3) that the trial court erred in allowing
Hunter discretionary costs; and (4) that the trial court erred in not
requiring the production of a statement given by Thompson to Hunter's
counsel.
URL:http://www.tba.org/tba_files/TCA/burkedv_opn.WP6
RICHARD C. CANADA and wife
SHARON CANADA
vs.
ACE CODENT, ZAHN DENTAL COMPANY,
INC., and HENRY SCHEIN, INC.
and
ACECODENT INCORPORATED
Court:TCA
Attorneys:
For Appellants For Appellee
JIMMY W. BILBO DAVID F. HENSLEY
Logan, Thompson, Miller, Bilbo, Milligan, Barry, Hensley
Thompson & Fisher, P.C. & Evans
Cleveland, Tennessee Chattanooga, Tennessee
Judge:Susano
First Paragraph:
By order entered December 15, 1997, the Supreme Court remanded this
case to us for further consideration in light of its opinion in
Grantham v. Jackson-Madison County General Hospital District, 954
S.W.2d 36 (Tenn. 1997).
URL:http://www.tba.org/tba_files/TCA/candarc2_opn.WP6
RICHARD PALLMER JAHN, JR.
vs.
SHERYL JUNE JAHN
Court:TCA
Attorneys:
For Appellant For Appellee
WILLIAM C. KILLIAN J. W. DIETZEN
Jasper, Tennessee Dietzen & Atchley
Chattanooga, Tennessee
Judge:Susano
First Paragraph:
This matter is before us on the appellee's motion to dismiss appeal,
as well as on other motions. The appellee contends that the appellant
failed to timely file her notice of appeal in the trial court.
URL:http://www.tba.org/tba_files/TCA/jahnrp_opn.WP6
ESTATE OF JAMES ARCHER MUSE
vs.
STATE OF TENNESSEE
Court:TCA
Attorneys:
Daniel P. Street
Kingsport, Tennessee
Attorney for Appellee
John Knox Walkup
Attorney General and Reporter
Michael E. Moore
Solicitor General
Mary M. Bers
Assistant Attorney General
Nashville, Tennessee
Attorneys for Appellant
Judge:WILLIAMS
First Paragraph:
This is a negligence case of slip and fall against the State of
Tennessee. Claimant/Appellee (Muse) was injured after slipping on
piping on the campus of Eastern Tennessee State University, a state
university owned by the State of Tennessee.
URL:http://www.tba.org/tba_files/TCA/muse_opn.WP6
MARY ELLA NEEDHAM
vs.
AUBREY KOHLMIER NEEDHAM
Court:TCA
Attorneys:
BILL W. PETTY
O'CONNOR, PETTY, CHILD & BOSWELL
Knoxville, Tennessee
Attorneys for Plaintiff/Appellant
EUGENE B. DIXON
Maryville, Tennessee
Attorney for Defendant/Appellee
Judge:WILLIAMS
First Paragraph:
This appeal arises from a bitterly contested divorce proceeding heard
by the trial court without a jury. At the conclusion of the trial,
the trial court awarded the divorce to each party upon the ground of
inappropriate marital conduct. Custody of the two minor children was
awarded to the Husband. After first determining certain assets to be
separate property of the Husband, the trial court equitably
distributed the sizable marital estate between the parties, one-half
to each. No spousal support was granted to the Wife due to the nature
(size) of the marital property award she received. After a careful
examination of the factual findings by the trial court and review of
the law, we affirm the judgment of the lower court.
URL:http://www.tba.org/tba_files/TCA/needham_opn.WP6
DAVIS A. REED
vs.
KATHY L. REED
Court:TCA
Attorneys:
For Appellant For Appellee
DAVID A. LUFKIN ROBERT W. WILKINSON
Lufkin, Henley & Conner Oak Ridge, Tennessee
Knoxville, Tennessee
Judge:Susano
First Paragraph:
Kathy L. Mabry, the former wife of the respondent, Davis A. Reed,
filed a petition against her ex-husband seeking additional child
support. Without stating its reasons for doing so, the trial court
entered an order dismissing the petition. Ms. Mabry appealed. She
argues two points: first, that the trial court erred in basing its
refusal to award additional child support on the fact that Ms. Mabry
bankrupted an obligation upon which she and her former husband were
jointly obligated, thus necessitating the latter's payment of the
debt; and second, that the trial court erred in refusing to increase
Mr. Reed's child support obligation in light of an increase in his
income and his failure to exercise visitation.
URL:http://www.tba.org/tba_files/TCA/reedda_opn.WP6
ROGER LEE ACUFF
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Neal Thompson John Knox Walkup
615 Lindsay Street Attorney General and Reporter
Suite 150
Chattanooga, TN 37403 Peter M. Coughlan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
William H. Cox, III
District Attorney General
Rebecca J. Stern
Assistant District Attorney
600 Market Street
Suite 310
Chattanooga, TN 37402
Judge:Barker
First Paragraph:
The appellant, Roger Lee Acuff, appeals as of right from the judgment
of the Hamilton County Criminal Court denying his petition for
post-conviction relief. On appeal, appellant contends that he
received the ineffective assistance of counsel and that his guilty
plea was involuntary. Finding that the evidence does not preponderate
against the trial court's judgment, we affirm the denial of relief.
URL:http://www.tba.org/tba_files/TCCA/acuffrl_opn.WP6
STATE OF TENNESSEE
vs.
KEITH BANNER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Frederick M. Lance John Knox Walkup
Attorney at Law Attorney General & Reporter
804 West Market Street 500 Charlotte Avenue
Johnson City, TN 37501 Nashville, TN 37243-0497
Timothy F. Behan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
David E. Crockett
District Attorney General
Route 19, Box 99
Johnson City, TN 37601
Lisa D. Rice
Asst District Attorney General
Unicoi County Courthouse
Erwin, TN 37650
Judge:Jones
First Paragraph:
The appellant, Keith Banner (defendant), was convicted of driving
under the influence of alcohol, third offense, a Class A misdemeanor;
driving while license revoked, third offense, a Class A misdemeanor;
escape, a Class A misdemeanor; and a violation of the implied consent
law following his pleas of guilty to these offenses. There was no
agreement regarding the punishment to be imposed by the trial court.
The trial court imposed the following sentences at the conclusion of
the sentencing hearing: (a) a fine of $1,100 and confinement for
eleven months and twenty-nine days at 100 percent for driving while
under the influence of alcohol, third offense, (b) eleven months and
twenty-nine days at 75 percent for driving while his license was
revoked, third offense, (c) eleven months and twenty-nine days at 75
percent for escape, and (d) revocation of the defendant's privilege to
operate a motor vehicle for six (6) months for violation of implied
consent. The trial court ordered all of the sentences to be served
consecutively. The defendant presents two issues for review. He
contends (a) the trial court failed to follow the Criminal Sentencing
Reform Act of 1989 and evaluate the enhancement or mitigating factors,
and (b) the trial court abused its discretion by requiring the
sentences to be served consecutively. In short, the defendant
contends the sentences imposed by the trial court were excessive.
After a thorough review of the record, the briefs submitted by the
parties, and the law governing these issues, it is this court's
opinion the judgment of the trial court should be affirmed.
URL:http://www.tba.org/tba_files/TCCA/bannerk_opn.WP6
BRUCE BELK
vs.
CHARLES JONES, WARDEN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Robert N. Meeks John Knox Walkup
Attorney at Law Attorney General & Reporter
P.O. Box 8086 500 Charlotte Avenue
Chattanooga, TN 37414 Nashville, TN 37243-0497
Michael J. Fahey, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Charles E. Hawk
District Attorney General
P.O. Box 703
Kingston, TN 37763-0703
Frank A. Harvey
Asst District Attorney General
P.O. Box 703
Kingston, TN 37763-0703
Judge:Jones
First Paragraph:
The appellant, Bruce Belk (petitioner), appeals as of right from a
judgment of the trial court denying his action for habeas corpus
relief. He presents one issue for review: "[T]he charging indictment
failed to contain or state the essential mens rea elements of the
offense as required by T.C.A. 40-13-202, thus rendering appellant's
subsequent conviction and plea agreement void." 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 that the judgment of the trial court should be affirmed.
URL:http://www.tba.org/tba_files/TCCA/belkb_opn.WP6
STATE OF TENNESSEE
vs.
NATHANIEL DAVID BIRCHFIELD
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Mary Katherine Longworth John Knox Walkup
Suite One, 410 Wharf Street Attorney General & Reporter
P.O. Box 501
Loudon, TN 37774 Peter M. Coughlan
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Judge:BYERS
First Paragraph:
The defendant was convicted of robbery and sentenced to serve eight
years and to pay a fine of $4,000.00.
URL:http://www.tba.org/tba_files/TCCA/birchfie_cca.WP6
RODNEY DEWAYNE BOND
vs.
BILLY COMPTON, Warden
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
RODNEY D. BOND (pro se) JOHN KNOX WALKUP
L.C.R.C.F. Attorney General & Reporter
Rt. 1, Box 330
Tiptonville, TN 38079 ELIZABETH T. RYAN
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
C. PHILLIP BIVENS
District Attorney General
P.O. Box E
Dyersburg, TN 38024
Judge:PEAY
First Paragraph:
The petitioner filed his petition for writ of habeas corpus on
September 12, 1996, alleging that he is being illegally restrained by
virtue of a nine year sentence imposed in 1991 for a rape conviction.
He claims that his sentence is illegal because the underlying
conviction is based upon an invalid indictment. Specifically, he
claims that the indictment fails to allege the necessary mens rea
element of the offense. The petitioner relies on this Court's opinion
in State v. Roger Dale Hill, Sr., No. 01C01-9508-CC-00267, Wayne
County (Tenn. Crim. App. filed June 20, 1996, at Nashville). The
court below summarily dismissed the petition. We affirm.
URL:http://www.tba.org/tba_files/TCCA/bondrd_opn.WP6
STATE OF TENNESSEE
vs.
ROBERT BOSTON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
STEPHEN WALLACE JOHN KNOX WALKUP
Public Defender Attorney General & Reporter
LESLIE HALE CLINTON J. MORGAN
Asst. Public Defender Counsel for the State
P.O. Box 839 450 James Robertson Pkwy.
Blountville, TN 37617 Nashville, TN 37243-0493
FRANK A. HARVEY
District Atty General, pro tem
P.O. Box 703
Kingston, TN 37763
Judge:PEAY
First Paragraph:
The defendant was charged by presentment on February 8, 1994, with
eighteen counts of incest, eighteen counts of statutory rape, and
fourteen counts of sexual battery. On September 30, 1994, the
defendant entered an Alford plea and pled guilty to two counts of
sexual battery and one count of assault. As a part of the plea, the
defendant agreed to sentences of two years on each of the sexual
battery charges and a sentence of eleven months, twenty-nine days on
the assault charge. He further agreed that all sentences would run
consecutively. The defendant was ultimately denied probation or any
other alternative sentence and was ordered to begin his incarceration.
In this appeal, the defendant contends that the trial court erred by
refusing to sentence him to Community Corrections or probation.
URL:http://www.tba.org/tba_files/TCCA/bostonr_opn.WP6
STATE OF TENNESSEE
vs.
JIMMY BOWEN
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Laura Rule Hendricks John Knox Walkup
Eldridge, Irvine & Hendricks Attorney General & Reporter
606 W. Main Street, Suite 350
P.O. Box 84 Sandy Copous Patrick
Knoxville, TN. 37901-0084 Assistant Attorney General
2nd Floor Cordell Hull Building
425 Fifth Avenue North
Nashville, TN. 37243-0943
David E. Crockett
District Attorney General
Route 19, Box 99
Johnson City, TN. 37601
Lisa D. Nidiffer
Asst District Attorney General
Unicoi County Courthouse
Erwin, TN. 37650
Judge:BARKER
First Paragraph:
The appellant, Jimmy Bowen, appeals as of right his conviction and
sentence following a jury trial in the Criminal Court of Johnson
County. The appellant was indicted by the Johnson County Grand Jury
for the knowing possession of contraband, to wit: marijuana, in a
state penal institution where prisoners are quartered, without the
express written consent of the institution's chief administrator, a
Class C felony. See Tenn. Code Ann. S 39-16-201 (1991 repl.).
Following his conviction, the appellant was ordered to pay a five
thousand ($5,000) dollar fine and serve six years in the Tennessee
Department of Correction as a Range I standard offender. The sentence
was ordered to run consecutive to a seven-year sentence the appellant
was then serving for convictions he received in 1993.
URL:http://www.tba.org/tba_files/TCCA/bowenjb_opn.WP6
STATE OF TENNESSEE
vs.
DONNIE LAMAR CARDEN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN G. MCDOUGAL JOHN KNOX WALKUP
701 Broad Street, Tivoli Ctr Attorney General and Reporter
Suite One LL
Chattanooga, TN 37402 MICHAEL J. FAHEY, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
BILL COX
District Attorney General
JOHN BOBO
Asst District Attorney
Courts Building
Chattanooga, TN 37402
Judge:SMITH
First Paragraph:
A Hamilton County grand jury indicted Appellant, Donnie Carden, with
charges of Driving Under the Influence and Possession of Marijuana.
Appellant filed a motion to dismiss based upon his contention that
prosecution of these charges was barred by double jeopardy. After a
hearing, Appellant's motion was denied. Appellant pled guilty to
D.U.I. - 3rd offense and Possession of Marijuana, but reserved the
right to appeal based on a certified question of law. Appellant raises
the issue whether the policy of the Hamilton County jail of holding
someone in custody for a period of six hours to "sober" them up is
punitive in nature and whether the Fifth Amendment protection against
double jeopardy barred subsequent prosecution of Appellant on the
charges for which he was arrested after confinement under this policy
.
URL:http://www.tba.org/tba_files/TCCA/cardendo_opn.WP6
STATE OF TENNESSEE
vs.
JOY L. CHRISTIAN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Keith A. Hopson John Knox Walkup
Attorney at Law Attorney General & Reporter
410 Shelby Street
Kingsport, TN 37660 Michael J. Fahey, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
H. Greeley Wells, Jr.
District Attorney General
Teresa M. Smith
Asst District Attorney General
P.O. Box 526
Blountville, TN 37617-0526
Judge:SUMMERS
First Paragraph:
The appellant, Joy L. Christian, was convicted by a jury of aggravated
robbery. She was sentenced to eight years incarceration. On appeal,
she alleges that the evidence is insufficient to sustain her
conviction. Upon review, we affirm her judgment of conviction.
URL:http://www.tba.org/tba_files/TCCA/christia_opn.WP6
JERRY COX
vs.
HOWARD CARLTON, WARDEN,
and STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JERRY COX JOHN KNOX WALKUP
Pro Se Attorney General & Reporter
Northeastern Correctional Ctr
P.O. Box 5000 MICHAEL J. FAHEY, II
Mountain City, TN 37683 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
DAVID E. CROCKETT
District Attorney General
Rt. 199, Box 99
Johnson City, TN 37601
Judge:WITT
First Paragraph:
The petitioner, Jerry Cox, currently incarcerated in the Department of
Correction serving a twenty year sentence for a conviction of
attempted aggravated rape and aggravated rape, appeals the Johnson
County Circuit Court's denial of his Petition for the Writ of Habeas
Corpus. In his petition, Cox alleged the trial court lacked
jurisdiction to convict him because the indictment failed to allege a
culpable mental state. The lower court found that the matter should
have been raised at an earlier stage of the proceedings, and further,
the law under which the petitioner was convicted did not require proof
of a culpable mental state. Accordingly, the lower court summarily
dismissed the petition. It is from this determination the petitioner
appeals, claiming the court erred by dismissing his petition without
appointing counsel, allowing amendment and conducting a hearing, and
likewise by failing to treat his petition in the alternative as one
for post-conviction relief. On review, we affirm the trial court's
dismissal.
URL:http://www.tba.org/tba_files/TCCA/coxj_opn.WP6
EDDIE CURT DAVIS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
KENNETH F. IRVINE, JR. JOHN KNOX WALKUP
606 W. Main Street, Suite 350 Attorney General and Reporter
P.O. Box 84
Knoxville, TN 37901-0084 PETER M. COUGHLAN
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
BILL COX
District Attorney General
BATES BRYAN, JR.
Asst District Attorney General
Court Building
600 Market Street
Chattanooga, TN 37402
Judge:WELLES
First Paragraph:
The Petitioner, Eddie Curt Davis, 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. On November 30,
1990, a Hamilton County jury found the Petitioner guilty of two counts
of aggravated rape and one count of aggravated sexual battery. The
trial court sentenced him to thirty years imprisonment for each
aggravated rape and fifteen years for the aggravated sexual battery.
The fifteen-year sentence was ordered to run consecutive to the
concurrent aggravated rape sentences, resulting in an effective term
of imprisonment of forty-five years. His convictions were affirmed by
this Court on August 26, 1992, and the Tennessee Supreme Court denied
permission to appeal on December 28, 1992. The Petitioner filed a pro
se petition for post-conviction relief on January 7, 1993, which was
amended with the assistance of counsel on February 15, 1996. In the
petition for post-conviction relief, he argues that his due process
rights were violated by conviction of an offense for which the statute
of limitations had expired and that he was denied effective assistance
of counsel at trial. The trial court conducted an evidentiary hearing
on April 1 and May 20, 1996. On June 25, 1996, the trial court issued
an order denying the petition in part and granting it in part. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/davisec_opn.WP6
JIMMY D. DILLINGHAM
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Douglas K. Shults John Knox Walkup
Shults & Shults Attorney General & Reporter
111 Gay Street
P.O. Box 129 Timothy F. Behan
Erwin, TN 37650 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
David E. Crockett
District Attorney General
Lisa Nidiffer Rice
Asst District Attorney General
Unicoi County Courthouse
Erwin, TN 37650
Judge:SUMMERS
First Paragraph:
The appellant, Jimmy D. Dillingham, was convicted on October 23, 1989,
of attempted bank robbery. On October 31, 1989, he was sentenced to
forty years in the Tennessee Department of Correction. After
unsuccessfully appealing his conviction, he filed a petition seeking
post-conviction relief. In his petition he alleged that the trial
court erred in sentencing him under the Sentencing Reform Act of 1982.
After hearing arguments from counsel and reviewing the record, the
trial court summarily dismissed the petition. The appellant
challenges this dismissal.
URL:http://www.tba.org/tba_files/TCCA/dillingh_opn.WP6
STATE OF TENNESSEE
vs.
DUANE A. HEDRICK
Court:TCCA
Attorneys:
FOR THE APPELLANT:
JOHN EVERETT WILLIAMS
P. O. Box 468
Huntingdon, Tennessee 38344
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
ELIZABETH T. RYAN
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
G. ROBERT RADFORD
District Attorney General
ELEANOR CAHILL
Assistant District Attorney General
P. O. Box 686
Huntingdon, Tennessee 38344
Judge:RILEY
First Paragraph:
Appellant, Duane A. Hedrick, was indicted for the offense of vehicular
homicide and appeals, pursuant to Tenn. R. App. P. 9, from the denial
of pre-trial diversion and subsequent denial of certiorari by the
trial court. Appellant complains that the prosecutor abused her
discretion in denying pre-trial diversion, and further complains he
was denied an adequate hearing on his petition for writ of certiorari
in violation of the due process provisions of the Tennessee and United
States Constitutions. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/hedricda_opn.WP6
GENE HIBBARD
vs.
HOWARD CARLTON, WARDEN,
& STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Gene Hibbard, Pro Se John Knox Walkup
N.E.C.C. Attorney General & Reporter
P.O. Box 5000
Mountain City, TN 37683-5000 Marvin E. Clements
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
City-County Building
Knoxville, TN 37902
Judge:SUMMERS
First Paragraph:
The appellant, Gene Hibbard, was convicted by a jury of two counts of
aggravated rape. He was sentenced to thirty years incarceration in
the Tennessee Department of Correction. He, thereafter, filed a
petition for habeas corpus relief. In his petition he alleged that
his convictions were void because the indictments against him were
insufficient for failing to cite the applicable code section and
failing to allege a mens rea. 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 convictions
were not void on their face and that his sentence had not expired. He
appeals this dismissal. Upon review, we affirm.
URL:http://www.tba.org/tba_files/TCCA/hibbardg_opn.WP6
DONALD WAYNE HOLT
vs.
HOWARD CARLTON and
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
KENNETH F. IRVINE, JR. JOHN KNOX WALKUP
606 W. Main St., Suite 350 Attorney General & Reporter
P.O. Box 84
Knoxville, TN 37901-0084 SANDY R. COPOUS
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
DAVID CROCKETT
District Attorney General
Route 19, Box 99
Johnson City, TN 37601
Judge:PEAY
First Paragraph:
The petitioner filed his petition for writ of habeas corpus on
September 18, 1996, alleging that his 1991 conviction for aggravated
rape is void because it is based upon an invalid indictment.
Specifically, he claims that the indictment fails to allege the
necessary mens rea element and that his conviction must therefore be
reversed and dismissed pursuant to this Court's opinion in State v.
Roger Dale Hill, Sr., No. 01C01-9508-CC-00267, Wayne County (Tenn.
Crim. App. filed June 20, 1996, at Nashville). The court below
summarily dismissed the defendant's petition, finding that it fails to
state a claim upon which relief could be granted. The defendant now
appeals. We affirm the judgment below.
URL:http://www.tba.org/tba_files/TCCA/holtdw_opn.WP6
STATE OF TENNESSEE
vs.
WILLIAM LYNN HOLT
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LAWRENCE A. WELCH, JR. JOHN KNOX WALKUP
1104 Tusculum Blvd., Ste. 101 Attorney General and Reporter
Greeneville, TN 37743
CLINTON J. MORGAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
C. BERKELEY BELL
District Attorney General
ERIC D. CHRISTIANSEN
Asst District Attorney
113-J West Church Street
Greeneville, TN 37743
Judge:SMITH
First Paragraph:
A Greene County Criminal Court jury found Appellant, William Lynn
Holt, guilty of theft of property valued over $10,000 and under
$60,000. Appellant was sentenced to six years in the Tennessee
Department of Correction and fined $10,000.
URL:http://www.tba.org/tba_files/TCCA/holtwill_opn.WP6
JERRY L. HUGHES
vs.
BILLY COMPTON, Warden
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JERRY HUGHES (pro se) JOHN KNOX WALKUP
Register No. 111099 Attorney General & Reporter
Rt. 1, Box 330
Tiptonville, TN 38079-9775 ELIZABETH T. RYAN
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
C. PHILLIP BIVENS
District Attorney General
P.O. Drawer E
Dyersburg, TN 38024
Judge:PEAY
First Paragraph:
The petitioner filed his petition for writ of habeas corpus on
September 26, 1996, alleging that he is being illegally restrained
pursuant to a forty year sentence imposed in 1986 for two counts of
aggravated rape. He contends that the underlying convictions are void
because they are based on an invalid indictment. He alleges that the
indictment is invalid because neither count includes an allegation of
the mens rea element of the offense. The petitioner relies on this
Court's opinion in State v. Roger Dale Hill, Sr., No.
01C01-9508-CC-00267, Wayne County (Tenn. Crim. App. filed June 20,
1996, at Nashville). The court below summarily dismissed the
petition, and this appeal as of right followed. We affirm.
URL:http://www.tba.org/tba_files/TCCA/hughesjl_opn.WP6
LEONARD D. HUTCHISON
and JAMES HARPER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEES:
JOHN KNOX WALKUP ROBERT C. EDWARDS
Attorney General & Reporter Attorney for Leonard D. Hutchinson
707 Market St.
MERRILYN FEIRMAN Knoxville, TN 37902
Assistant Attorney General
Criminal Justice Division RAYMOND A. SHIRLEY, JR.
450 James Robertson Parkway Attorney for James Harper
Nashville, TN 37243-0493 603 Main Ave.
Knoxville, TN 37902
MICHAEL L. FLYNN
District Attorney General
5th Judicial District
PHILLIP H. MORTON
Assistant District Attorney General
363 Court St.
Maryville, TN 37804-5906
Judge:WITT
First Paragraph:
The appellees, Leonard D. Hutchison and James Harper, were convicted
of burglary of an automobile and assault with the intent to commit
second degree murder on November 1, 1985. Hutchison had previously
been convicted of grand larceny in 1983 and possession of burglary
tools in 1984. Their convictions were affirmed on direct appeal.
See State v, Harper and Hutchison, 753 S.W.2d 360 (Tenn. Crim. App.
1987), perm. app. denied (Tenn. Oct. 19, 1987). Hutchison filed a
petition for post-conviction relief on August 29, 1988, and Harper
filed his petition on January 21, 1993. Following an evidentiary
hearing on January 22, 1996, the trial court granted the defendants'
petitions finding that the state's failure to provide the defendants
with information about an exculpatory witness from the Federal Bureau
of Investigation that was material violated the rule of Brady v.
Maryland, 373 U.S. 83, 83 S.Ct. 1194 (1963), and that a reasonable
probability existed that had the evidence been disclosed to the
defendants, the result of the proceedings would have been different.
URL:http://www.tba.org/tba_files/TCCA/hutchsnl_op.WP6
TIMOTHY WAYNE JOHNSON
vs.
JAMES A. BOWLEN, WARDEN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
TIMOTHY WAYNE JOHNSON JOHN KNOX WALKUP
Pro Se Attorney General and Reporter
Route 4, Box 600
Pikeville, TN 37367 MICHAEL J. FAHEY, II
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
J. MICHAEL TAYLOR
District Attorney General
JAMES W. POPE, III
Assistant District Attorney General
Corner of Third and Market
First American Bank Building
Suite 300
Dayton, TN 37321
Judge:WELLES
First Paragraph:
The Petitioner, Timothy Wayne Johnson, appeals the trial court's order
denying him habeas corpus relief. He was indicted for aggravated
rape, which led to his conviction. He argues that his conviction is
void because the indictment charging him with the offense of
aggravated rape is fatally defective because it fails to allege the
requisite mens rea. We affirm the judgment of the trial court
dismissing the petition.
URL:http://www.tba.org/tba_files/TCCA/johnsotw_opn.WP6
LARRY LEONARD JOYNER, JR.
vs.
BILLY COMPTON, Warden
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LARRY LEONARD JOYNER, JR. (pro se) JOHN KNOX WALKUP
Register No. 135266 Attorney General & Reporter
Rt. 1, Box 330
Tiptonville, TN 38079-9775 DEBORAH A. TULLIS
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
C. PHILLIP BIVENS
District Attorney General
P.O. Drawer E
Dyersburg, TN 38024
Judge:PEAY
First Paragraph:
The petitioner filed his petition for writ of habeas corpus on August
9, 1996, alleging that he is being illegally restrained by virtue of a
twenty year sentence imposed in 1990 for aggravated rape. He contends
that the underlying conviction is void because it is based on an
invalid indictment. He alleges that the indictment is invalid because
it does not include an allegation of the mens rea element of the
offense. The petitioner relies on this Court's opinion in State v.
Roger Dale Hill, Sr., No. 01C01-9508-CC-00267, Wayne County (Tenn.
Crim. App. filed June 20, 1996, at Nashville). The court below
summarily dismissed the petition, and this appeal as of right
followed. We affirm.
URL:http://www.tba.org/tba_files/TCCA/joynerll_opn.WP6
STATE OF TENNESSEE
vs.
RICHARD ALLEN KIDD II
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
J. THOMAS MARSHALL, JR. JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
NANCY MEYER CLINTON J. MORGAN
Asst. District Public Defender Assistant Attorney General
101 S. Main St., Ste. 450 Criminal Justice Division
Clinton, TN 37716 450 James Robertson Parkway
Nashville, TN 37243-0493
JAMES N. RAMSEY
District Attorney General
JANICE G. HICKS
Asst. District Atty General
127 Anderson Co. Courthouse
Clinton, TN 37716
Judge:WITT
First Paragraph:
The defendant, Richard Allen Kidd II, appeals his conviction of rape
following a jury trial in Anderson County Criminal Court. Kidd is
currently serving a ten year sentence for his crime in the Department
of Correction.
URL:http://www.tba.org/tba_files/TCCA/kiddra_opn.WP6
WILLIE JOSEPH LAGANO
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
N. Andy Myrick, Jr. John Knox Walkup
116 West Market Street Attorney General of Tennessee
Fayetteville, TN 37334 and
Elizabeth B. Marney
Asst Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
W. Michael McCown
District Attorney General
and
Weakley E. Barnard
Asst District Attorney General
215 E. College Street
P.O. Box 904
Fayetteville, TN 37334
Judge:Tipton
First Paragraph:
The petitioner, Willie Joseph Lagano, appeals as of right from the
judgment of the Lincoln County Circuit Court denying him
post-conviction relief. He was convicted in September 1995 upon his
guilty pleas for the offenses of aggravated burglary, a Class C
felony, and theft of property worth over one thousand dollars, a Class
D felony. He was sentenced to six and three years, respectively, to
be served concurrently to each other but consecutively to a revoked
suspended sentence of four years. He contends that his pleas resulted
from the ineffective assistance of counsel and were not knowingly and
voluntarily entered. We disagree.
URL:http://www.tba.org/tba_files/TCCA/laganowj_opn.WP6
SCOTTIE RAY LASTER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
RUSSELL MATTOCKS JOHN KNOX WALKUP
Public Defender Attorney General and Reporter
1609 College Park Drive, Box 11
Morristown, TN 37813-1618 CLINTON J. MORGAN
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
C. BERKELEY BELL
District Attorney General
DOUG GODBEE
District Attorney General
Main Street, Courthouse
Rogersville, TN 37857
Judge:WELLES
First Paragraph:
The Petitioner, Scottie Ray Laster, appeals pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure the trial court's denial of his
petition for post-conviction relief. He argues (1) That the guilty
pleas he entered were unlawfully induced because (a) counsel for the
Petitioner accepted a plea agreement without the Petitioner's consent,
and (b) counsel never told him he had the right to refuse to enter the
guilty pleas; and (2) that his convictions were based on an indictment
issued by a grand jury that was unconstitutionally selected and
impaneled. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/lastersr_opn.WP6
MARCUS N. LEWIS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Leslie M. Jeffress John Knox Walkup
1776 Riverview Tower Attorney General and Reporter
900 S. Gay Street
Knoxville, TN 37902 Peter M. Coughlan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
Robert L. Jolley, Jr.
Assistant District Attorney
City-County Building, Suite 168
400 Main Avenue
Knoxville, TN 37901
Judge:Barker
First Paragraph:
The appellant, Marcus N. Lewis, appeals as of right the dismissal by
the Knox County Criminal Court of his petition for post-conviction
relief. On appeal, he argues that the trial court erred in dismissing
his petition without an evidentiary hearing. Pursuant to Tennessee
Court of Criminal Appeals Rule 20, we affirm the trial court's order
of dismissal.
URL:http://www.tba.org/tba_files/TCCA/lewismn_opn.WP6
ALLEN GARY LORD
aka GARY ALLEN LORD
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Neal L. Thompson John Knox Walkup
615 Lindsay Street, Suite 150 Attorney General & Reporter
Chattanooga, TN 37403
Michael J. Fahey, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
William H. Cox, III
District Attorney General
Yolanda Mitchell
Asst District Attorney General
Courts Building, Suite 300
Chattanooga, TN 37402
Judge:SUMMERS
First Paragraph:
The appellant, Allen Gary Lord, alias Gary Allen Lord, appeals the
denial of his request for post-conviction relief. The appellant was
convicted in March 1993 of second degree murder and abuse of a corpse.
He was sentenced to consecutive sentences of twenty-two years for
murder and six years, as a career offender, for abuse of a corpse. On
direct appeal this Court affirmed his convictions. In 1996, the
post-conviction court denied the request for relief.
URL:http://www.tba.org/tba_files/TCCA/lordgary_opn.WP6
STATE OF TENNESSEE
vs.
WESLEY CHRISTOPHER PITTMAN
Court:TCCA
Attorneys:
FOR THE APPELLANT:
Jerry H. Summers
Attorney at Law
500 Lindsay Street
Chattanooga, Tn. 37403
FOR THE APPELLEE:
Charles W. Burson
Attorney General and Reporter
Darian B. Taylor
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tn. 37243
William H. Cox
District Attorney General
H. C. Bright
Assistant District Attorney
Courts Building
Chattanooga, Tn. 37402
Judge:LEE
First Paragraph:
The defendant, Wesley Christopher Pittman, was originally indicted for
first degree murder in the shooting death of the victim Johnny Labron
Walker. Upon agreement with the state, the defendant was allowed to
enter a best interest, nolo contendere plea to a reduced charge of
voluntary manslaughter. The Defendant was sentenced by the trial
court to the maximum sentence of six years as a Range I Standard
Offender. All forms of alternative sentencing were denied. The
defendant now appeals both the length of his sentence and the denial
of alternative sentencing.
URL:http://www.tba.org/tba_files/TCCA/pittman.WP6
ABEL RODRIQUEZ, JR.
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Abel Rodriquez, Jr., Pro Se John Knox Walkup
Northeast Correctional Center Attorney General & Reporter
P.O. Box 500 500 Charlotte Avenue
Mountain City, TN 37653-0500 Nashville, TN 37243-0497
Timothy F. Behan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
C. Berkley Bell
District Attorney General
109 South Main Street
Greeneville, TN 37743
Judge:Jones
First Paragraph:
The appellant, Abel Rodriquez, Jr. (petitioner), appeals as of right
from a judgment of the trial court summarily dismissing his action for
post-conviction relief. The trial court found the action was barred
by the statute of limitations. The petitioner contends the time
should be calculated from the time this court's opinion in State v.
Roger Dale Hill, Sr., Wayne County No. 01-C-01-9508-CC-00267 (Tenn.
Crim. App., Nashville, June 20, 1996), was filed -- not from the date
of his conviction. He argues Hill created new law, and the indictment
in his case, like the indictment in Hill, was void because it did not
allege the requisite mens rea.
URL:http://www.tba.org/tba_files/TCCA/rodriqa_opn.WP6
DARRELL DOUGLAS SHEETS
vs.
HOWARD CARLTON,
WARDEN, and
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DARRELL D. SHEETS JOHN KNOX WALKUP
Pro Se Attorney General and Reporter
P.O. Box 5000
Mountain City, TN 37683 MICHAEL J. FAHEY
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
C. BERKELEY BELL
District Attorney General
Route 19, Box 99
Johnson City, TN 37601
Judge:WELLES
First Paragraph:
The Petitioner, Darrell Douglas Sheets, appeals the trial court's
order denying him habeas corpus relief. He was indicted for and
convicted of aggravated rape. He argues that his conviction is void
because the indictment charging him with the offense of aggravated
rape is fatally defective because it failed to allege the requisite
mens rea. We affirm the judgment of the trial court dismissing the
petition.
URL:http://www.tba.org/tba_files/TCCA/sheetsdd_opn.WP6
STATE OF TENNESSEE
vs.
BENNY SLUDER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Walter B. Johnson, II John Knox Walkup
Assistant Public Defender Attorney General & Reporter
P.O. Box 334 500 Charlotte Avenue
Harriman, TN 37748-0334 Nashville, TN 37243-0497
OF COUNSEL: Eugene J. Honea
Assistant Attorney General
Joe H. Walker 450 James Robertson Parkway
District Public Defender Nashville, TN 37243-0493
P.O. Box 334
Harriman, TN 37748-0334 Charles E. Hawk
District Attorney General
P.O. Box 703
Kingston, TN 37763-0703
Frank A. Harvey
Asst District Attorney General
P.O. Box 703
Kingston, TN 37763-0703
Judge:Jones
First Paragraph:
This court previously rendered an opinion in this case. The opinion
was filed in Knoxville on February 12, 1997. The appellant, Benny
Sluder (defendant), filed a Rule 11, Tennessee Rules of Appellate
Procedure, application for permission to appeal in the supreme court.
The application was granted and the cause remanded to this court with
instructions to consider whether the trial court properly ordered the
defendant to serve his sentence consecutively to the sentence he was
serving when he committed the offense. After a thorough examination
of the record, the briefs of the parties, and the law governing the
issue presented for review, it is the opinion of this court that the
judgment of the trial court should be affirmed.
URL:http://www.tba.org/tba_files/TCCA/sluderb_opn.WP6
STATE OF TENNESSEE
vs.
WANDA STANLEY and
JEFF LILLARD
Court:TCCA
Attorneys:
FOR THE APPELLANTS: FOR THE APPELLEE:
CARL R. OGLE, JR. JOHN KNOX WALKUP
P.O. Box 129 Attorney General & Reporter
Jefferson City, TN 37760
MICHAEL J. FAHEY, II
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
AL C. SCHMUTZER, JR.
District Attorney General
RICHARD VANCE
Asst. District Attorney General
339A East Main St.
Newport, TN 37821
Judge:PEAY
First Paragraph:
In the spring of 1995, the defendants were indicted by presentment on
charges relating to assisting two escaped felons. Wanda Stanley was
indicted on two counts of harboring a fugitive and two counts of
providing aid to a fugitive. Her boyfriend, Jeff Lillard, was also
indicted on two counts of providing aid to a fugitive. A jury found
both defendants guilty of each charge. After a hearing, both
defendants received two year sentences on each conviction. The trial
court ordered the defendants to eighteen months incarceration in the
Tennessee Department of Correction and six months of supervised
probation for each conviction. The sentences were ordered to run
concurrently.
URL:http://www.tba.org/tba_files/TCCA/stanleyw_opn.WP6
BILLY FARRELL WADDELL
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Billy Farrell Waddell, Pro Se John Knox Walkup
P.O. Box 2000 Attorney General & Reporter
Wartburg, TN 37887
Peter M. Coughlan
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
City-County Building
Knoxville, TN 37902
Judge:SUMMERS
First Paragraph:
The appellant, Billy Farrell Waddell, pled guilty to possession of
narcotics. Thereafter, he filed a petition seeking post-conviction
relief alleging that his guilty plea was not knowingly or voluntarily
entered. Also, he challenges his sentence as a habitual criminal. He
contends that his previous offenses, committed before the enactment of
the habitual criminal statute, cannot constitutionally be used to
enhance his sentencing status. The post conviction hearing court
dismissed the petition. He appeals this dismissal.
URL:http://www.tba.org/tba_files/TCCA/waddellb_opn.WP6
STATE OF TENNESSEE
vs.
JERRY LYNN WALDE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LU ANN BALLEW JOHN KNOX WALKUP
Assistant Public Defender Attorney General and Reporter
P. O. Box 416
Dandridge, TN 37725-0416 TIMOTHY F. BEHAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
AL SCHMUTZER, JR.
District Attorney General
JAMES L. GASS
Assistant District Attorney
P. O. Box 70
Dandridge, TN 37725-0070
Judge:SMITH
First Paragraph:
A Sevier County Circuit Court jury found Appellant Jerry Lynn Walde
guilty of three counts of aggravated sexual battery. As a Range I
standard offender, he received a sentence of eleven years for each
count. The trial court ordered two of the sentences served
concurrently but the third served consecutively, for an effective
sentence of twenty-two years in the Tennessee Department of
Correction. In this direct appeal, Appellant presents the following
issues for review: (1) whether the State failed to timely present his
case to a grand jury; (2) whether the State violated his right to a
speedy trial; (3) whether the trial court erred in admitting his
statement to authorities in its entirety; (4) whether the trial court
erred in limiting defense counsel's voir dire of the jury; (5) whether
the evidence presented at trial is legally sufficient to sustain a
conviction for the January 9, 1995 aggravated sexual battery; (6)
whether the trial court erred in failing to require the State to make
an election as to the set of facts relied upon for each charged
offense; and (7) whether the sentence is excessive.
URL:http://www.tba.org/tba_files/TCCA/walde_opn.WP6
STATE OF TENNESSEE
vs.
MICHELE WAYMAN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Edward C. Miller John Knox Walkup
Public Defender Attorney General & Reporter
P.O. Box 416
Dandridge, TN 37725 Marvin E. Clements, Jr.
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Al Schmutzer, Jr.
District Attorney General
Charles Atchley, Jr.
Asst District Attorney General
Sevier County Courthouse
Sevierville, TN 37862
Judge:SUMMERS
First Paragraph:
In 1996 the appellant, Michele Wayman, was charged in Grainger County
with theft over $1,000, altering a vehicle identification number
(VIN), and possession of a motor vehicle with an altered VIN. The
appellant pled guilty to each charge. Pursuant to a plea agreement,
the appellant received a sentence of eighteen months for altering a
VIN, which is a class E felony; a sentence of three years for theft
over $1,000, which is a class D felony; and a sentence of eleven
months and twenty-nine days for possession of a vehicle with an
altered VIN, which is a class A misdemeanor. All three sentences were
ordered to be served concurrently and to be served in the Community
Corrections Program. At her plea hearing, the appellant requested
judicial diversion; but the trial court denied the request.
URL:http://www.tba.org/tba_files/TCCA/waymanmi_opn.WP6
TIMOTHY WELLS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
TIMOTHY WELLS JOHN KNOX WALKUP
Pro Se Attorney General and Reporter
Carter County Work Camp
Caller #1 PETER M. COUGHLAN
Roan Mountain, TN 37687 Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
JERRY N. ESTES
District Attorney General
Washington Avenue
Athens, TN 37303
Judge:WELLES
First Paragraph:
The Petitioner, Timothy Wells, 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 petition for post-conviction relief on June 11, 1996. On July
8, 1996, the trial court dismissed the petition without conducting an
evidentiary hearing. Although on different grounds than relied upon
by the trial judge, we affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/wellst_opn.WP6
RICKY LEE WOMAC
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Ricky Lee Womac, Pro Se John Knox Walkup
Northeast Correctional Center Attorney General & Reporter
P.O. Box 5000
Mountain City, TN 37683 Peter M. Coughlan
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Jerry N. Estes
District Attorney General
203 E. Madison Avenue
P.O. Box 647
Athens, TN 37371
Judge:SUMMERS
First Paragraph:
The appellant, Ricky Lee Womac, was convicted of facilitation to
commit first degree murder. On direct appeal his conviction was
affirmed by this Court. Thereafter, the appellant filed a petition
seeking post-conviction relief. The trial court summarily dismissed
the petition without an evidentiary hearing finding the allegations,
even if taken as true, did not state a claim upon which relief could
be granted. Approximately forty-seven days after the trial court's
dismissal became final, the appellant filed a notice of appeal to this
Court. Upon review, we affirm.
URL:http://www.tba.org/tba_files/TCCA/womacric_opn.WP6
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