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.

This Issue (IN THIS ORDER):
00-New Opinons From TSC
00-New Opinons From TSC-Rules
00-New Opinons From TSC-Workers Comp Panel
00-New Opinons From TCA
05-New Opinons From TCCA

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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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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
Opinion-Flash

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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