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TBALink Opinion-Flash
February 6, 1998 -- Volume #4 -- Number #024
Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.
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George Dean
TBALink Chief Editor
STATE OF TENNESSEE vs. JAMES E. GORDON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN H. HENDERSON JOHN KNOX WALKUP Public Defender Attorney General and Reporter 407 C Main Street P.O. Box 68 ELIZABETH B. MARNEY Franklin, TN 37065-0068 Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 JOSEPH BAUGH District Attorney General P.O. Box 937 Franklin, TN 37065-0937 Judge:WELLES First Paragraph: The Defendant, James Earl Gordon, appeals as of right pursuant to Rule 3, Tennessee Rules of Appellate Procedure. He was convicted of first-degree intentional murder and sentenced by the jury to life imprisonment without the possibility of parole. He was also convicted of aggravated burglary and sentenced as a Range I, standard offender to six years imprisonment in the Department of Correction, to be served consecutively to his sentence of life without parole. The Defendant raises several issues in this appeal: (1) That the evidence was insufficient to convict him of first-degree murder; (2) that the evidence was insufficient to convict him of aggravated burglary; (3) that the jury erred by sentencing him to life without the possibility of parole for his murder conviction; (4) that the trial court erred by ordering a six-year sentence for the aggravated burglary conviction; and (5) that the trial court erred by ordering the aggravated burglary sentence be served consecutively to the sentence of life without parole. URL:http://www.tba.org/tba_files/TCCA/gordonje_opn.WP6
VANCE MCCASLIN
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Vance McCaslin John Knox Walkup
Turney Center 4B Attorney General and Reporter
Route 1
Only, TN 37140-9709 Peter M. Coughlan
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Joseph D. Baugh, Jr.
District Attorney General
Williamson County Courthouse
P.O. Box 937
Franklin, TN 37065-0937
Judge:Barker
First Paragraph:
The appellant, Vance McCaslin, appeals as of right the dismissal by
the Hickman County Circuit Court of his petition seeking a writ of
habeas corpus. On appeal, appellant contends that his convictions are
void because of erroneous jury instructions at his trial and because
he received the ineffective assistance of counsel. Finding no error
in the trial court's summary dismissal, we affirm the judgment.
URL:http://www.tba.org/tba_files/TCCA/mccaslin_opn.WP6
STATE OF TENNESSEE
vs.
STEPHEN J. UDZINSKI and
DONNA STOKES a/k/a
DONNA STORY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DALE QUILLEN JOHN KNOX WALKUP
MICHAEL J. FLANAGAN Attorney General & Reporter
Attorneys at Law
95 White Bridge Rd., Ste. 208 DARYL J. BRAND
Nashville, TN 37205 Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
DAN M. ALSOBROOKS
District Attorney General
ROBERT WILSON
Asst District Atty General
P.O. Box 580
Charlotte, TN 37036
Judge:WITT
First Paragraph:
The defendants, Stephen J. Udzinski and Donna Stokes a/k/a Donna
Story, present a certified question of law following Udzinski's
conditional guilty plea to a Class E felony of possession of marijuana
for resale and Stokes's guilty plea to a Class A misdemeanor for
possession of marijuana. Udzinski entered judicial diversion, and
Stokes received a conviction and a suspended sentence of eleven months
and twenty-nine days. Both defendants attempted to reserve the right
to pursue a certified question of law of whether the search warrant
under which Udzinski's house was searched was supported by probable
cause. In this appeal, the defendants present that question, and the
state raises the issue of whether the defendants have properly
preserved the question for our review. For the reasons explained
below, we affirm the judgment of the trial court on the suppression
issue raised by the defendants' certified question.
URL:http://www.tba.org/tba_files/TCCA/udzinski_opn.WP6
STATE OF TENNESSEE
vs.
MARCUS A. VELEZ
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Michael R. Jones John Knox Walkup
District Public Defender Attorney General & Reporter
110 Sixth Avenue, West
Springfield, TN 37172 Daryl J. Brand
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
John Wesley Carney, Jr.
District Attorney General
Steven L. Garrett
Helen O. Young
Asst District Attys General
204 Franklin Street, Ste 200
Clarksville, TN 37040
Judge:SUMMERS
First Paragraph:
The appellant, Marcus A. Velez, was convicted by a jury of first
degree murder. Montgomery County Circuit Court Judge John H. Gasaway
sentenced the appellant to life in prison.
URL:http://www.tba.org/tba_files/TCCA/velezmaa_opn.WP6
VICTORIA VOADEN
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
THOMAS H. BILBREY JOHN KNOX WALKUP
1024 Scottsville Road Attorney General and Reporter
P. O. Box 97
Lafayette, TN 37083 PETER M. COUGHLAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
TOM P. THOMPSON, JR.
District Attorney General
P. O. BOX 178
Hartsville, TN 37074
Judge:SMITH
First Paragraph:
The Criminal Court for Trousdale County denied Appellant, Victoria
Voaden, post-conviction relief from her conviction for the 1990
slaying of her husband.
URL:http://www.tba.org/tba_files/TCCA/voadenvi_opn.WP6
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