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TBALink Opinion-Flash
February 12, 1998 -- Volume #4 -- Number #028
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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CHERI OWINGS TUNCAY vs. ENGIN HALIF TUNCAY Court:TCA Attorneys: James D. Causey and Jean Defendant-Appellee. E. Markowitz of Memphis For Appellant Michael C. Williams; Evans & Petree of Memphis, For Appellee Judge:CRAWFORD First Paragraph: This is a divorce case. Plaintiff-appellant Cheri Owens Tuncay was granted a divorce on the ground of inappropriate marital conduct. Mrs. Tuncay appeals the trial court's division of the marital debts as well as the court's failure to award her alimony beyond $5,000 in attorney fees. URL:http://www.tba.org/tba_files/TCA/tuncaych_opn.WP6
STATE OF TENNESSEE
vs.
ROGER DAVID BROWDER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
RICHARD W. DeBERRY JOHN KNOX WALKUP
Asst. District Public Defender Attorney General & Reporter
P.O. Box 663
Camden, TN DEBORAH A. TULLIS
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
G. ROBERT RADFORD
District Attorney General
P.O. Box 686
Huntingdon, TN 38344
JOHN OVERTON
Asst District Attorney General
P.O. Box 484
Savannah, TN 38372
Judge:WITT
First Paragraph:
The defendant, Roger David Browder, appeals pursuant to Rule 3 of the
Tennessee Rules of Appellate Procedure from his judgment of conviction
in the Circuit Court of Hardin County for driving under the influence
and driving on a revoked license, Class A and Class B misdemeanors.
The trial court sentenced him to concurrent sentences of eleven months
and twenty-nine days in the county jail for driving under the
influence and 180 days for driving on a revoked license. The court
suspended all but sixty days of his sentence and ordered the defendant
to serve the sentences consecutively to the sentence in an arson
conviction. In this appeal, the defendant contends that his
convictions were obtained in violation of his right to a speedy trial
and that the evidence is insufficient to sustain the convictions.
URL:http://www.tba.org/tba_files/TCCA/browderr_op.WP6
STATE OF TENNESSEE
vs.
TIMOTHY LERON BROWN
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Roger K. Smith John Knox Walkup
104 Woodmont Blvd., Ste 115 Attorney General of Tennessee
Nashville, TN 37205 and
Lisa A. Naylor
Asst Attorney General of TN
450 James Robertson Parkway
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
and
Katie Miller
Asst District Attorney General
Washington Square
222 2nd Avenue North
Nashville, TN 37201-1649
Judge:Tipton
First Paragraph:
The defendant, Timothy Leron Brown, was convicted in 1993 upon pleas
of guilty to one count of selling more than .5 grams of cocaine and
two counts of selling more than twenty-six grams of cocaine, all Class
B felonies. As a Range II, multiple offender, he received one
twenty-year sentence and two fifteen-year sentences, with one of the
fifteen-year sentences to be served consecutively to the twenty-year
sentence for an effective sentence of thirty-five years. The
defendant filed a post conviction petition challenging his
convictions, which resulted in the present delayed appeal. See
Timothy Brown v. State, 01C01-9507-CR-00216, Davidson County (Tenn.
Crim. App. July 26, 1996). In this appeal as of right, the defendant
challenges the length and consecutive nature of his sentences.
URL:http://www.tba.org/tba_files/TCCA/browntl_opn.WP6
STATE OF TENNESSEE
vs.
DONNIE RAY CARTER
Court:TCCA
Attorneys:
FOR THE APPELLANT:
GUY T. WILKINSON
District Public Defender
RICHARD W. DeBERRY
Assistant Public Defender
117 North Forrest Ave.
P. O. Box 663
Camden, TN 38320-0663
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
CLINTON J. MORGAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
G. ROBERT RADFORD
District Attorney General
JOHN OVERTON
Assistant District Attorney General
P. O. Box 484
Savannah, TN 38372-0484
Judge:RILEY
First Paragraph:
The defendant, Donnie Ray Carter, pled guilty in the Circuit Court of
Hardin County to the offense of aggravated assault and received a
sentence of five (5) years. The sole issue in this appeal is whether
the trial court erred in determining the length of the sentence.
Finding no error, we AFFIRM the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/carterdr_opn.WP6
JAMES WILLARD CROOM
vs.
BILLY COMPTON, WARDEN
Court:TCCA
Attorneys:
FOR THE APPELLANT:
JAMES WILLARD CROOM (Pro Se)
#235162
L. C. R. C. F.
Route 1, Box 330
Tiptonville, TN 38079
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
ELIZABETH T. RYAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
C. PHILLIP BIVENS
District Attorney General
P. O. Drawer E
Dyersburg, TN 38025-2005
Judge:RILEY
First Paragraph:
Petitioner, James Willard Croom, sought habeas corpus relief in the
Circuit Court of Lake County alleging that his drug indictment was
fatally insufficient for failure to state the appropriate mens rea.
Pursuant to Rule 20, Tennessee Court of Criminal Appeals, we AFFIRM
the trial court's dismissal of the petition.
URL:http://www.tba.org/tba_files/TCCA/croomjw_opn.WP6
EDDIE E. GLENN
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
EDDIE GLENN, Pro Se JOHN KNOX WALKUP
Route 4, Box 600 Attorney General and Reporter
Pikeville, TN 37367-9243
CLINTON J. MORGAN
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
WILLIAM PAUL PHILLIPS
District Attorney General
CLIFTON S. SEXTON
Asst District Attorney General
P.O. Box 10
Huntsville, TN 37756
Judge: WELLES
First Paragraph:
The Petitioner, Eddie E. Glenn, appeals the trial court's denial of
his petition for post-conviction relief. In this appeal, he argues
that the trial court failed to word its order of dismissal adequately
and urges this Court to remand to the trial court to evaluate his
claim of ineffective assistance of counsel fully.
URL:http://www.tba.org/tba_files/TCCA/glennee_opn.WP6
STATE OF TENNESSEE
vs.
LARRY A. HOLBROOKS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DWIGHT E. SCOTT JOHN KNOX WALKUP
4024 Colorado Ave. Attorney General & Reporter
Nashville, TN 37209
LISA A. NAYLOR
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
VICTOR S. JOHNSON, III
District Attorney General
JOHN ZIMMERMANN
Asst. District Attorney General
Washington Square, Suite 500
222 Second Ave., North
Nashville, TN 37201
Judge:PEAY
First Paragraph:
The defendant was indicted in April 1995 on charges of possession with
intent to sell more than twenty-six grams of cocaine, criminal
trespass, and evading arrest. After a trial, a jury convicted him of
the possession charge and the evading arrest charge. The defendant
was sentenced to eight years in the Tennessee Department of Correction
for the possession conviction and was sentenced to a concurrent
sentence of eleven months and twenty-nine days for the evading arrest
conviction. In this appeal as of right, the defendant contends that
the evidence was insufficient to convict him of either offense and
that the trial court erred when it refused to grant his motion to
suppress the physical evidence in the case. After a review of the
record and applicable law, we find that the motion to dismiss was
properly denied and that the evidence sufficiently supported his
conviction for possession with intent to sell more than twenty-six
grams of cocaine. However, we reverse and dismiss the defendant's
conviction for evading arrest.
URL:http://www.tba.org/tba_files/TCCA/holbrook_opn.WP6
STATE OF TENNESSEE
vs.
JAMES RONALD JONES
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES RONALD JONES, pro se JOHN KNOX WALKUP
11024-074, Shelby Unit Attorney General & Reporter
P.O. Box 34550
Memphis, TN 38184-0550 ELIZABETH B. MARNEY
Assistant Attorney General
2nd Floor, Cordell Hull Bldg
425 Fifth Avenue North
Nashville, TN 37243
WILLIAM M. LOCKE
District Attorney General
111 Professional Building
McMinnville, TN 37110
Judge:WOODALL
First Paragraph:
The Petitioner, James Ronald Jones, appeals the order of the Van Buren
Circuit Court dismissing his pro se petition for post-conviction
relief. The trial court found that the petition was filed outside the
statute of limitations. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/jonesjr_opn.WP6
STEVE KOPROWSKI
vs.
STATE OF TENNESSEE
Court:TCCA
Judge:PEAY
First Paragraph:
This matter is before the Court upon the state's motion to affirm the
judgment of the trial court pursuant to Rule 20, Rules of the Court of
Criminal Appeals. The petitioner is appealing the trial court's
denial of his petition for post-conviction relief as time-barred by
the statute of limitations.
URL:http://www.tba.org/tba_files/TCCA/koprowsk_ord.WP6
STATE OF TENNESSEE
vs.
JUDY C. LEATH
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
B.F. (Jack) Lowery John Knox Walkup
Lowery Building Attorney General and Reporter
Public Square
Lebanon, TN 37087 Michael J. Fahey, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Tom P. Thompson, Jr.
District Attorney General
John D. Wooten, Jr.
Assistant District Attorney
203 Greentop Street
Hartsville, TN 37074
Judge:Barker
First Paragraph:
The appellant, Judy C. Leath, appeals as of right her convictions in
the Macon County Circuit Court of two counts of rape of a child, two
counts of aggravated sexual battery and two counts of child abuse.
Appellant's convictions were based upon jury verdicts finding her
criminally responsible for the actions of her husband. She was
sentenced to twenty (20) years for each count of rape of a child, ten
(10) years for each count of aggravated sexual battery, and eleven
(11) months, twenty-nine (29) days for the misdemeanor child abuse
convictions. The felony sentences were ordered to run consecutively
for an effective sentence of sixty (60) years.
URL:http://www.tba.org/tba_files/TCCA/leathjc_opn.WP6
STATE OF TENNESSEE
vs.
CHRISTOPHER L. PARKER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
F. MICHIE GIBSON, JR. JOHN KNOX WALKUP
1416 Parkway Towers Attorney General & Reporter
404 James Robertson Parkway
Nashville, TN 37219 DARYL J. BRAND
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
VICTOR S. JOHNSON, III
District Attorney General
PAMELA ANDERSON
Asst District Attorney General
200 Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
Judge:WOODALL
First Paragraph:
The Defendant, Christopher L. Parker, appeals as of right his
conviction following a jury trial in the Davidson County Criminal
Court. Defendant was convicted of aggravated assault by reckless
conduct, a Class D felony. In the indictment, Defendant was charged
with aggravated assault by intentional or knowing conduct, a Class C
felony. Following the proof at trial, the trial court instructed the
jury on the lesser grade offense of aggravated assault by reckless
conduct, and the jury convicted Defendant of the Class D felony. On
appeal, the Defendant (1) challenges the sufficiency of the evidence
to sustain the conviction and (2) argues that aggravated assault by
reckless conduct was not a crime at the time the offense was
committed, therefore the trial court erred by charging the jury on the
lesser grade offense. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/parkercl_opn.WP6
STATE OF TENNESSEE
vs.
MARK W. RAWLINGS
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Lila Kathleen Mitchell John Knox Walkup
Assistant Public Defender Attorney General and Reporter
Shelby County Public
Defender's Office Georgia Blythe Felner
201 Poplar Avenue, 2nd Fl. Counsel for the State
Memphis, TN 38103 450 James Robertson Parkway
(at trial) Nashville, TN 37243-0493
Paula L. Skahan, Attorney Phillip Gerald Harris
140 North Third Street Asst District Attorney General
Memphis, TN 38103 Shelby County District Attorney
(on appeal) General's Office
201 Poplar Avenue
Memphis, TN 38103
Judge:WADE
First Paragraph:
The defendant, Mark W. Rawlings, entered pleas of guilt to three
counts of especially aggravated robbery on June 16, 1992. Tenn. Code
Ann. S 39 13-403. The trial court imposed Range I sentences of
eighteen years on each count and ordered the terms to be served
consecutively for an effective sentence of fifty-four years. The
defendant attempted to appeal to this court pro se but mailed the
notice to the wrong address. Thereafter, he filed a petition for
post-conviction relief alleging ineffective assistance of counsel and
an involuntary guilty plea.
URL:http://www.tba.org/tba_files/TCCA/rawlingm_opn.WP6
STATE OF TENNESSEE
vs.
HARRY REED
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
VIRGINIA LEE STORY JOHN KNOX WALKUP
P. O. Box 1608 Attorney General & Reporter
Franklin, TN 37065
DARYL J. BRAND
Asst. Attorney General
450 James Robertson Pkwy.
Nashville, TN 37243-0493
JOSEPH D. BAUGH
District Attorney General
MARK PURYEAR
Asst. District Attorney General
P. O. Box 937
Franklin, TN 37065-0937
Judge:PEAY
First Paragraph:
The defendant was charged in the indictment with aggravated assault.
By agreement with the State, he entered a best interest guilty plea to
the lesser included charge of simple assault. A sentencing hearing
was held and at its conclusion, the trial judge sentenced the
defendant to a term of six months in the local workhouse, suspended
after serving forty-five days. He was then placed on probation for
eleven months and twenty-nine days.
URL:http://www.tba.org/tba_files/TCCA/reedh_opn.WP6
GAYLEN DEWAYNE RHODES
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Ron E. Harmon John Knox Walkup
Attorney at Law Attorney General and Reporter
618 Main Street
Savannah, TN 38372 Elizabeth T. Ryan
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
G. Robert Radford
District Attorney General
John Overton
Asst. District Attorney
Hardin County Courthouse
Savannah, TN 38372
Judge:Hayes
First Paragraph:
The appellant, Gaylen Dewayne Rhodes, appeals as of right from the
Hardin County Circuit Court's dismissal of his petition for
post-conviction relief. In 1995, the appellant pled guilty to one
count of first degree murder and one count of theft of property over
one thousand dollars and received an effective sentence of life
imprisonment plus twelve years. In this appeal, the appellant first
contends that his guilty pleas were not voluntary because he was under
the influence of medication during the guilty plea hearing. Second,
he contends that his guilty pleas were coerced and, thus,
involuntarily entered as the result of the ineffective assistance of
counsel.
URL:http://www.tba.org/tba_files/TCCA/rhodesgd_opn.WP6
STATE OF TENNESSEE
vs.
DARWIN RODREGUS WINDHAM
Court:TCCA
Attorneys:
FOR THE APPELLANT:
JOSEPH P. ATNIP (At Sentencing;
Of Counsel on Appeal)
District Public Defender
111 Main Street
P.O. Box 734
Dresden, TN 38225
CLIFFORD K. McGOWN, JR.
(On Appeal)
113 North Court Square
P.O. Box 26
Waverly, TN 37185
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
CLINTON J. MORGAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
THOMAS A. THOMAS
District Attorney General
ALLEN J. STRAWBRIDGE, JR.
Assistant District Attorney General
414 S. Fourth Street
P.O. Box 218
Union City, TN 38261-0218
Judge:RILEY
First Paragraph:
The defendant, Darwin Rodregus Windham, appeals the sentence imposed
by the Circuit Court of Weakley County following his guilty plea to
the sale of cocaine over 0.5 grams in Indictment No. 3097 and the sale
of cocaine under 0.5 grams in Indictment No. 3098. The trial court
sentenced him to concurrent sentences of eight (8) years for the Class
B felony sale of cocaine and three (3) years for the Class C felony
sale of cocaine. The trial court ordered that, after serving one (1)
year in the Weakley County jail, defendant could serve the remainder
of his sentence in community corrections. Defendant appeals, claiming
that the trial court should have granted probation. We affirm the
judgment of the trial court pursuant to Rule 20, Tennessee Court of
Criminal Appeals.
URL:http://www.tba.org/tba_files/TCCA/windhadr_opn.WP6
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