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TBALink Opinion-Flash
January 21, 1998 -- Volume #4 -- Number #013
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
- 00-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA
- 05-New Opinons From TCCA
- 00-New Opinons From TSC
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George Dean
TBALink Chief Editor
SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL January 20, 1998 Court:TSC - Rules URL:http://www.tba.org/tba_files/TSC_RULES/statelst17_wpd.WP6
STATE OF TENNESSEE
VS.
JASON L. BROADNAX
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Gregory D. Smith John Knox Walkup
Attorney at Law Attorney General & Reporter
One Public Square, Ste 321
Clarksville, TN 37040 Daryl J. Brand
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
John W. Carney, Jr.
District Attorney General
Steven L. Garrett
Asst District Attorney General
204 Franklin Street, Suite 200
Clarksville, TN 37040
Judge:SUMMERS
First Paragraph:
Too often this Court sees wasted lives, and it could have been
different. Here is another case.
URL:http://www.tba.org/tba_files/TCCA/broadnax_opn.WP6
STATE OF TENNESSEE
VS.
HOLLY LACK EARLS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
T. Arthur Jenkins John Knox Walkup
Attorney at Law Attorney General & Reporter
111 North Irwin Street 500 Charlotte Avenue
Manchester, TN 37355-0126 Nashville, TN 37243-0497
(Appeal Only)
Lisa A. Naylor
B. Campbell Smoot Assistant Attorney General
District Public Defender 450 James Robertson Parkway
605 East Carroll Street Nashville, TN 37243-0493
Tullahoma, TN 37388-0260
C. Michael Layne
District Attorney General
P. O. Box 147
Manchester, TN 37355
Judge:Jones
First Paragraph:
The appellant, Holly Lack Earls (defendant), was convicted of criminal
attempt to commit especially aggravated robbery, a Class B felony, and
criminal attempt to commit first degree felony murder by a jury of her
peers. The trial court found the defendant was a standard offender and
imposed a Range I sentence consisting of confinement for twenty (20)
years for attempted first degree murder and ten (10) years for
attempted especially aggravated robbery in the Department of
Correction. The trial court also imposed a $25,000 fine for each count
for a total of $50,000 in fines. The trial court ordered the
sentences are to be served consecutively for an effective sentence of
thirty (30) years. The defendant presents two issues for review. She
contends (a) the evidence was insufficient as a matter of law to
convict her of attempt to commit especially aggravated robbery and
attempt to commit first degree felony murder and (b) her sentence was
excessive. After a thorough review of the record and the briefs
submitted by the parties, it is this court's opinion the judgment of
the trial court should be affirmed in part and reversed in part.
URL:http://www.tba.org/tba_files/TCCA/earlshl_opn.WP6
WILLIE LEE HENDERSON
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIE LEE HENDERSON Pro Se JOHN KNOX WALKUP
Special Needs Facility/Unit 10 Attorney General and Reporter
7575 Cockrill Bend Industrial Rd.
Nashville, TN 37209-1057 MICHAEL J. FAHEY, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
Judge:SMITH
First Paragraph:
On July 5, 1995, Appellant, Willie Lee Henderson, filed a petition for
a writ of habeas corpus in the Davidson County Criminal Court. In
January of 1996, the petition was dismissed by that court without a
hearing. Appellant appeals from the trial court's summary dismissal of
his petition.
URL:http://www.tba.org/tba_files/TCCA/henderwi_opn.WP6
JOHN ERIC JOHNSON
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
John T. Conners, III John Knox Walkup
Attorney at Law Attorney General & Reporter
P.O. Box 1451 500 Charlotte Avenue
Franklin, TN 37065-1451 Nashville, TN 37243-0497
Daryl J. Brand
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
William S. Johnson, III
District Attorney General
Washington Square, Suite 500
222 2nd Avenue, North
Nashville, TN 37201-1649
D. Paul DeWitt
Asst District Attorney General
Washington Square, Suite 500
222 2nd Avenue, North
Nashville, TN 37201-1649
Judge:Jones
First Paragraph:
The appellant, John Eric Johnson (petitioner), appeals as of right
from a judgment of the trial court dismissing his action for
post-conviction relief following an evidentiary hearing. The trial
court found the petitioner received the effective assistance of
counsel guaranteed by the Sixth Amendment to the United States
Constitution and Article I, S 9 of the Tennessee Constitution. In
this court, the petitioner contends the evidence contained in the
record preponderates against the findings of fact made by the trial
court as the evidence adduced at the evidentiary hearing established
he was denied his constitutional right to the effective assistance of
counsel in the trial court and the appellate court. 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.
URL:http://www.tba.org/tba_files/TCCA/johnsnje_opn.WP6
CARLTON L. MAYO
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Carlton L. Mayo, Pro Se John Knox Walkup
Reg. No. 14403-075 QTRL-B Attorney General and Reporter
P.O. Box 4000
Manchester, Kentucky 40962-4000 Elizabeth B. Marney
Assistant Attorney General
450 James Robertson Parkway
Nashville, Tennessee 37243-0493
Arthur Bieber
Assistant District Attorney
John W. Carney
District Attorney General
204 Franklin Street
Suite 200
Clarksville, Tennessee 37040
Judge:Barker
First Paragraph:
The appellant, Carlton L. Mayo, appeals from the judgment of the
Circuit Court of Montgomery County dismissing his petition for
post-conviction relief without the appointment of counsel or an
evidentiary hearing. Following our review of the record upon appeal,
we affirm the trial court pursuant to Rule 20 of the Tennessee Court
of Criminal Appeals.
URL:http://www.tba.org/tba_files/TCCA/mayocl_opn.WP6
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