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TBALink Opinion-Flash
April 1, 1998 -- Volume #4 -- Number #059
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
- 01-New Opinons From TSC-Rules
- 01-New Opinons From TSC-Workers Comp Panel
- 04-New Opinons From TCA
- 26-New Opinons From TCCA
- 00-New Opinons From TSC
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- Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a plain text
version of the opinion.
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to download the original WP 6.0 document.
version of the opinion.
- Click the URL Link at end of each Opinion paragraph below. This option will allow you to download the original WP 6.0 document.
George Dean
TBALink Chief Editor
WALTER LEE AUSTEIN vs. RIVERWOOD INTERNATIONAL USA, INC. Court:TSC - Workers Comp Panel Attorneys: FOR APPELLANT: FOR APPELLEE: Russell C. Winston Karen L. Schlesinger 707 Adams Avenue 80 Monroe Avenue Memphis, TN 38105 Suite 650 Adam O. Knight Memphis, TN 38103 707 Adams Avenue Memphis, TN 38105 Judge:CLARK First Paragraph: This worker's compensation appeal has been referred to the special worker's compensation appeals panel of the Supreme Court in accordance with Tenn. Code Ann. S50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The sole issue on appeal is whether the one-year statute of limitations under T.C.A. S50-6-203 ran prior to the filing of the lawsuit. URL:http://www.tba.org/tba_files/TSC_WCP/austein_opn.WP6
SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL
March 30, 1998, 2:00 P.M. Release
Court:TSC - Rules
URL:http://www.tba.org/tba_files/TSC_RULES/statelst24_wpd.WP6
CHARLES E. DORSE II
vs.
MARTIN R. KRIGER
Court:TCA
Attorneys:
Charles E. Dorse II, Pro Se
Martin R. Kriger, Memphis, Tennessee for Defendant/Appellee.
Judge:Farmer
First Paragraph:
Charles E. Dorse II appeals from the order of the trial court
dismissing his complaint for failure to file within the applicable
statute of limitations. The complaint alleges that the plaintiff is
an inmate in custody of the Tennessee Department of Correction. The
defendant, Martin Kriger, is an attorney who was appointed to
represent Plaintiff in a criminal action in Shelby County.
URL:http://www.tba.org/tba_files/TCA/dorsece_opn.WP6
In re ESTATE OF BESSIE B. HOLMES,
DECEASED
JAIME H. MAUPIN
vs.
JOSEPH N. HOLMES,
CO-ADMINISTRATOR
Court:TCA
Attorneys:
LANCELOT L. MINOR, III, Bourland, Heflin, Alvarez & Minor, Memphis,
Attorney for Plaintiff/Appellant
CLIFFORD D. PIERCE, JR., Wyatt, Tarrant & Combs, Memphis, Attorney for
Defendant/Appellee.
Judge:TOMLIN
First Paragraph:
This appeal comes to this court from the Probate Court of Shelby
County. Jaime H. Maupin ("claimant") a co-administrator, filed a
claim against the estate of Bessie B. Holmes ("estate"), in the amount
of $7,173.43 to recover funeral expenses paid by her for the burial of
her mother, Bessie B. Holmes ("decedent"). Joseph N. Holmes
("respondent"), claimant's brother, and also a co-administrator of the
estate, filed an exception to this claim, contending that the estate
was not indebted to claimant for any amount. In addition, respondent
also sought to recover monies in excess of $30,000.00 which claimant
had paid to herself from a joint bank account she had with decedent
with right of survivorship, created at a time when decedent was
mentally incapacitated. Respondent averred that the amount claimed
for funeral expenses could be deducted from the survivorship account.
Claimant in turn filed a response to the exception, contending that at
the time the account was created, decedent possessed the required
mental capacity to create the account and that the funds in the joint
account with right of survivorship became hers upon the death of
decedent.
URL:http://www.tba.org/tba_files/TCA/holmbess_opn.WP6
H. W. JENKINS CO.
vs.
G. T. DESIGNS OF MEMPHIS,
INC., BRIGHTON BANK
and
JOHN T. FALKE and wife, LANA S.
FALKE, ARNOLD M. WEISS, Trustee,
and THE PRUDENTIAL HOME
MORTGAGE COMPANY, INC.
Court:TCA
Attorneys:
R. MARK GLOVER
BAKER, DONELSON, BEARMAN & CALDWELL
Memphis, Tennessee
Attorney for Appellants
JOHN D. HORNE
THE WINCHESTER LAW FIRM
Memphis, Tennessee
Attorney for Appellee
Judge:HIGHERS
First Paragraph:
This appeal involves a suit to enforce a materialmen's lien on a new
home. Defendants/Appellants, John T. and Lana S. Falke ("Falkes");
Arnold M. Weiss, Trustee; and The Prudential Home Mortgage Company,
Inc. (collectively "appellants"), appeal from the order of the
chancery court which entered judgment in favor of plaintiff, H.W.
Jenkins Co. ("Jenkins"), allowing the enforcement of a materialmen's
lien for the amount of all the materials invoiced to the Falkes' home,
as well as interest and attorney's fees. For reasons stated
hereinafter, we affirm the judgment of the chancery court in part and
reverse in part.
URL:http://www.tba.org/tba_files/TCA/jenkinhw_opn.WP6
IN THE MATTER OF:
JAMIE MURPHY (DOB 7/12/87)
JANET MURPHY (DOB 4/24/89)
JHANAID MURPHY (DOB 2/23/91)
Court:TCA
Attorneys:
Patricia L. Penn, Penn & Associates, Memphis, Tennessee
Attorney for Petitioners/Appellants Jesse and Geneva Murphy.
Karen T. Fleet, Bolivar, Tennessee
Attorney for Respondents/Appellees Edward Bowers, Jr. and Mae Lena
Bowers.
Judge:FARMER
First Paragraph:
This is a child custody case involving three biological children of
James Murphy and Valerie Carter. They are: Jamie Murphy, born July
12, 1987; Janet Murphy, born April 24, 1989; and Jhanaid Murphy, born
February 23, 1991. Appellants are their paternal grandfather and
step-grandmother, Jessie and Geneva Murphy. The appellee, Edward
Bowers, Jr., is a first cousin to James Murphy and Appellee Mae Lena
Bowers is his wife. Appellants have appealed from an order entered by
the circuit court dismissing their appeal and reinstating the judgment
of the juvenile court which found that no material misrepresentations
were made by the appellees at the July 1995 custody hearing to affect
that court's decision to award temporary custody of Jamie and Janet to
appellants and temporary custody of Jhanaid to the appellees. For the
reasons set forth below, we affirm.
URL:http://www.tba.org/tba_files/TCA/murphyja_opn.WP6
STATE OF TENNESSEE
vs.
DERRICK T. ALSTON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MARVIN E. BALLIN JOHN KNOX WALKUP
200 Jefferson Ave. Attorney General & Reporter
Suite 1250
Memphis, TN 38103 ELIZABETH T. RYAN
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
WILLIAM L. GIBBONS
District Attorney General
DANIEL R. WOODY
AMY P. WEIRICH
Asst District Attorney Generals
201 Poplar Ave.
Third Floor
Memphis, TN 38103
Judge:WITT
First Paragraph:
The defendant, Derrick T. Alston, pleaded guilty in Shelby County
Criminal Court to attempted first degree murder and especially
aggravated robbery, both Class A felonies, and to four counts of
aggravated assault, a Class C felony. As a Range I, standard
offender, the eighteen-year old defendant received an effective
sentence of forty-two years. In conjunction with his guilty plea,
the defendant properly preserved a certified question of law in which
he challenges the validity of his convictions for attempted
first-degree murder and especially aggravated robbery of the same
victim on double jeopardy grounds. The defendant also contends that
the evidence does not support the trial court's finding that he is a
dangerous offender for the purposes of consecutive sentencing.
URL:http://www.tba.org/tba_files/TCCA/alstond_opn.WP6
STATE OF TENNESSEE
vs.
BEVELYN BAILEY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CLIFFORD K. McGOWN, JR. JOHN KNOX WALKUP
113 North Court Square Attorney General & Reporter
P.O. Box 26
Waverly, TN 37185 JANIS L. TURNER
(ON APPEAL ONLY) Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
GARY F. ANTRICAN ELIZABETH T. RICE
District Public Defender District Attorney General
JEANNIE KAESS JERRY W. NORWOOD
Assistant Public Defender Assistant District Attorney General
P.O. Box 700 Hardeman County Courthouse
Somerville, TN 38068 Bolivar, TN 38008
Judge:WOODALL
First Paragraph:
The Defendant, Bevelyn Bailey, appeals as of right the sentence
imposed by the trial court upon his conviction of theft. Defendant
was indicted by the Hardeman County Grand Jury of burglary, theft and
criminal impersonation. Defendant pled guilty to theft of property
worth between $1,000 and $10,000 in violation of Tennessee Code
Annotated section 39-14-103. The trial court sentenced Defendant to
eight (8) years incarceration as a Range II Multiple Offender and
denied Defendant's request for alternative sentencing. The sentence
was ordered to run consecutively to a prior fifteen (15) year sentence
imposed in Fayette County, for which he was on parole at the time of
the present offense. In this appeal, Defendant argues that the trial
court erred in sentencing him to eight (8) years incarceration and in
finding that he was not a favorable candidate for alternative
sentencing of split confinement or Community Corrections. We affirm
the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/baileyb_opn.WP6
STATE OF TENNESSEE
vs.
LATAVIS DIRAY BAILEY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN E. HERBISON JOHN KNOX WALKUP
2016 Eighth Avenue South Attorney General & Reporter
Nashville, TN 37204
KENNETH W. RUCKER
TOM CRIDER Assistant Attorney General
District Public Defender 2nd Floor, Cordell Hull Building
107 South Court Square 425 Fifth Avenue North
Trenton, TN 38382 Nashville, TN 37243
CLAYBURN PEEPLES
District Attorney General
TED NEUMANN
Asst District Attorney General
LARRY HARDISTER
Asst District Attorney General
GARRY BROWN
Asst District Attorney General
110 College Street, Suite 200
Trenton, TN 38382
Judge:WOODALL
First Paragraph:
The Defendant, Latavis Diray Bailey, appeals as of right from his
conviction and sentencing in the Criminal Court of Gibson County.
Defendant was convicted of second degree murder and was sentenced to
serve twenty-five (25) years in the Tennessee Department of Correction
as a Range I Offender. On appeal, the Defendant contends the trial
court's instruction to the jury on "flight" from the scene of the
shooting was error and argues the sentence imposed was excessive. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/baileyld_opn.WP6
STATE OF TENNESSEE
vs.
ROBIN BAKER
Court:TCCA
Attorneys:
FOR THE APPELLANT:
MARVIN G. BALLIN
MARK A. MESLER
200 Jefferson Avenue, Suite 1250
Memphis, TN 38103-2328
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
DEBORAH A. TULLIS
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
WILLIAM L. GIBBONS
District Attorney General
JOHNNY R. McFARLAND
Assistant District Attorney General
201 Poplar Avenue, Suite 301
Memphis, TN 38103-1947
Judge:SMITH
First Paragraph:
The defendant, Robin Baker, appeals from misdemeanor convictions of
one (1) count of reckless endangerment and one (1) count of possession
of explosive components. He pled guilty and agreed to concurrent
terms of six (6) months and a $500 fine for each conviction. The sole
issue presented for review is whether the trial court erred in denying
the defendant's petition to suspend his sentence. The judgment of the
trial court is affirmed.
URL:http://www.tba.org/tba_files/TCCA/bakerro_opn.WP6
STATE OF TENNESSEE
vs.
CHRISTOPHER CAVNOR
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Leslie I. Ballin John Knox Walkup
Mark A. Mesler Attorney General & Reporter
200 Jefferson Ave., Ste 1250
Memphis, TN 38103 Elizabeth T. Ryan
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
Janet Shipman
Asst District Attorney General
Criminal Justice Complex, Ste 301
201 Poplar Street
Memphis, TN 38103
Judge:WADE
First Paragraph:
The defendant, Christopher P. Cavnor, has been indicted for criminally
negligent homicide. Tenn. Code Ann. S 39-13-212. The district
attorney general denied the defendant's application for pretrial
diversion. Thereafter, the trial court denied his petition for a writ
of certiorari. In this interlocutory appeal made pursuant to Rule 9
of the Tennessee Rules of Appellate Procedure, the defendant insists
that the district attorney general abused his discretion by the denial
of pretrial diversion.
URL:http://www.tba.org/tba_files/TCCA/cavnorc_opn.WP6
ANTHONY CICCHETTO
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
William W. Nowlin John Knox Walkup
Attorney at Law Attorney General & Reporter
100 North Main Building 425 Fifth Avenue, North
Suite 3201 Nashville, TN 37243-0493
Memphis, TN 38103
Georgia B. Felner
Counsel for the State
425 Fifth Avenue, North
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
Rhea Clift
Asst District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
Judge:Jones
First Paragraph:
The appellant, Anthony Cicchetto (petitioner), appeals as of right
from a judgment of the trial court dismissing his post-conviction
action after an evidentiary hearing. The trial court found the
petitioner was afforded his constitutional right to the effective
assistance of counsel; and the petitioner's guilty pleas passed
constitutional muster. In this court, the petitioner contends the
evidence contained in the record preponderates against the trial
court's findings of fact. 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 the judgment of
the trial court should be affirmed pursuant to Rule 20, Tennessee
Court of Criminal Appeals.
URL:http://www.tba.org/tba_files/TCCA/cicchett_opn.WP6
STATE OF TENNESSEE
vs.
SCOTT E. FAIN
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Raymond C. Conkin, Jr. Charles W. Burson
Attorney at Law Attorney General and Reporter
152 Broad Street, Suite 207
Kingsport, TN 37660 Clinton J. Morgan
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
H. Greeley Wells, Jr.
District Attorney General
Phyllis Miller and David Overbay
Asst. District Attorneys General
Blountville, TN 37617
First Paragraph:
The appellant, Scott E. Fain, was indicted by the Sullivan County
Grand Jury on one count of especially aggravated robbery, a class A
felony. The appellant was convicted by a jury of the lesser offense
of robbery, a class C felony, and received a sentence of nine years
confinement as a range II offender. In this appeal as of right, the
appellant challenges (1) the sufficiency of the convicting evidence
and (2) whether the trial court erred by failing to instruct the jury
on the offense of accessory after the fact.
URL:http://www.tba.org/tba_files/TCCA/fainse_opn.WP6
STATE OF TENNESSEE
vs.
ANGIE M. HARRIS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Larry E. Fitzgerald John Knox Walkup
Attorney at Law Attorney General & Reporter
22 North Second St., Ste 410 425 Fifth Avenue, North
Memphis, TN 38103 Nashville, TN 37243-0497
Janis L. Turner
Counsel for the State
425 Fifth Avenue, North
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
Johnny McFarland
Asst District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
Judge:Jones
First Paragraph:
The appellant, Angie M. Harris (defendant), entered pleas of guilty to
two counts of forgery, a Class E felony. The trial court, finding the
defendant was a standard offender, imposed a Range I sentence
consisting of a $500 fine and confinement for one (1) year in the
Shelby County Correctional Center in each count pursuant to a plea
agreement. The trial court suspended all but thirty days of the
defendant's sentence and placed her on probation for the balance of
the sentence. The effective sentence imposed were fines totaling
$1,000 and confinement for one (1) year. In this court, the defendant
contends "the Trial Court erred in not granting the Defendant's
Petition for Suspended Sentence and in failing to grant the Defendant
probation [pursuant] to the Tennessee Criminal Sentencing Reform Act
of 1989." 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/harrisam_opn.WP6
JAMES EDWARD HAYES
vs.
BILLY COMPTON, WARDEN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES EDWARD HAYES JOHN KNOX WALKUP
Pro Se Attorney General and Reporter
TDOC #201739
Lake County Regional CLINTON J. MORGAN
Correctional Facility Assistant Attorney General
Route 1, Box 330 450 James Robertson Parkway
Tiptonville, TN 38079 Nashville, TN 37243
PHILLIP BIVENS
District Attorney General
P. O. Drawer E
Dyersburg, TN 38024
Judge:SMITH
First Paragraph:
Appellant James Edward Hayes was convicted by a jury on February 25,
1993 in the Gibson County Circuit Court of two counts of aggravated
sexual battery. As a Range I standard offender, Appellant received
two consecutive twelve-year sentences with the Tennessee Department of
Correction. On August 2, 1996, Appellant filed an application for
writ of habeas corpus in the Lake County Circuit Court. In his
application, Appellant alleged that he was being illegally restrained
in Lake County on a conviction and sentence based upon a fatally
defective indictment which failed to allege a mens rea. On August 16,
1996, the trial court denied the writ on the ground that the judgment
is not void on its face and that Appellant is, therefore, not
entitled to habeas corpus relief. Appellant presents the following
issue for our consideration in this direct appeal: whether the trial
court erred in dismissing the petition for writ of habeas corpus.
URL:http://www.tba.org/tba_files/TCCA/hayesje_opn.WP6
URL:http://www.tba.org/tba_files/TCCA/hayesje_con.WP6
JIMMY DALE HIGH
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE
R. Price Harris John Knox Walkup
Attorney at Law Attorney General & Reporter
3074 East Street 425 Fifth Avenue, North
Memphis, TN 38128 Nashville, TN 37243-0497
Deborah A. Tullis
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
C. Alonda Horne
Assistant District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
Judge:Jones
First Paragraph:
The appellant, Jimmy Dale High (petitioner), appeals as of right from
a judgment of the trial court dismissing his post-conviction action
after an evidentiary hearing. Three issues are presented for review.
The petitioner contends (a) he was denied his constitutional right to
the effective assistance of counsel, (b) certain omissions occurred
during his trial which entitle him to relief, and (c) the trial court
failed to address certain grounds raised during the evidentiary
hearing. 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/highjd_opn.WP6
STATE OF TENNESSEE
vs.
ROGER HOSTETLER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MR. MICHAEL W. WHITAKER MR. JOHN KNOX WALKUP
P.O. Box 1024 Attorney General & Reporter
Covington, TN 38019
MS. ELIZABETH T. RYAN
Asst. Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
MR. MARK DAVIDSON
Asst. District Atty. General
Lauderdale County Justice Center
675 Highway 51 South
Ripley, TN 38063
MR. JAMES W. FREELAND
Asst. District Atty. General
Lauderdale County Justice Center
675 Highway 51 South
Ripley, TN 38063
Judge:WITT
First Paragraph:
The defendant, Roger Hostetler, was convicted in the Lauderdale County
Circuit Court on October 30, 1996, of criminally negligent homicide.
The trial court sentenced the defendant to serve one year in the
Department of Correction and imposed a fine of $3,000.
URL:http://www.tba.org/tba_files/TCCA/hostetle_opn.WP6
STATE OF TENNESSEE
vs.
CTJUAN D. JAMES
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Joseph S. Ozment John Knox Walkup
Attorney at Law Attorney General & Reporter
217 Exchange Avenue 425 Fifth Avenue, North
Memphis, TN 38105 Nashville, TN 37243-0493
Deborah A. Tullis
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
Terrell L. Harris
Asst District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
Judge:Jones
First Paragraph:
The appellant, Ctjuan D. James (defendant), was convicted of three
counts of aggravated robbery, a Class B felony, by a jury of his
peers. The trial court, finding the defendant to be a standard
offender, imposed a Range I sentence consisting of confinement for ten
(10) years in the Department of Correction for each count. The court
ordered the three sentences to be served concurrently, but consecutive
to a prior sentence of fifteen (15) years for an especially aggravated
robbery conviction. The defendant presents two issues for review. He
contends the evidence contained in the record is insufficient, as a
matter of law, to support a finding by a rational trier of fact that
he was guilty of three aggravated offenses beyond a reasonable doubt.
He also contends the trial court erred by ordering the sentences in
these three convictions to be served consecutively to the sentence in
the prior conviction. After a thorough review of the record, the
briefs of 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/jamescd_opn.WP6
CHARLES A. LOVELESS, JR.
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Charles A. Loveless, Jr., Pro Se John Knox Walkup
NWCC Attorney General and Reporter
Route 1, Box 660
Tiptonville, TN 38079 Elizabeth T. Ryan
Assistant Attorney General
425 Fifth Avenue North
Second Fl., Cordell Hull Bldg
Nashville, TN 37243-0493
C. Phillip Bivens
District Attorney General
P.O. Drawer E
Dyersburg, TN 38024
Judge:WADE
First Paragraph:
The petitioner, Charles A. Loveless, Jr., appeals the trial court's
denial of habeas corpus relief. He contends his sentence has expired
and that he should be released from custody. We disagree and affirm
the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/lovlssca_opn.WP6
REGINALD S. MABONE
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Brett B. Stein John Knox Walkup
Attorney at Law Attorney General & Reporter
236 Adams Avenue 425 Fifth Avenue, North
Memphis, TN 38103 Nashville, TN 37243-0497
Elizabeth T. Ryan
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
Rhea Cliff
Assistant District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
Judge:Jones
First Paragraph:
The appellant, Reginald S. Mabone (petitioner), appeals as of right
from a judgment of the trial court dismissing his post-conviction
action following an evidentiary hearing. In this court, the
petitioner contends he is entitled to post conviction relief because
(a) the assistant district attorney general read the indictment at the
commencement of his trial, (b) the language contained in the
reasonable doubt instruction given to the jury violated the Sixth and
Fourteenth Amendments, and (c) his sentence was enhanced by
convictions predicated upon guilty pleas which were constitutionally
infirm. 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/maboners_opn.WP6
JOSEPH TROY MANUEL
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Ronald E. Darby John Knox Walkup
Attorney at Law Attorney General & Reporter
P.O. Box 524 425 Fifth Avenue, North
Camden, TN 38320 Nashville, TN 37243-0497
Georgia B. Felner
Counsel for the State
425 Fifth Avenue, North
Nashville, TN 37243-0493
Robert Gus Radford
District Attorney General
P.O. Box 686
Huntingdon, TN 38344
Victoria L. DiBonaventura
Assistant District Attorney General
P.O. Box 94
Paris, TN 38343
Judge:Jones
First Paragraph:
The appellant, Joseph Troy Manuel (petitioner), appeals as of right
from a judgment of the trial court dismissing his action for
post-conviction relief. In this court, the defendant contends "the
reasonable doubt jury instruction given at the guilt phase of the
Defendant's trial violate[d] the Sixth, Eighth, and Fourteenth
Amendments of the United States Constitution and the law of the land,
Article I, Section 8, Constitution of the State of Tennessee." 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 pursuant to Rule 20, Tennessee Court of Criminal Appeals.
URL:http://www.tba.org/tba_files/TCCA/manueljt_opn.WP6
STATE OF TENNESSEE
vs.
THOMAS L. MATTHEWS
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Marvin Ballin John Knox Walkup
200 Jefferson Ave., Ste 1250 Attorney General & Reporter
Memphis, TN 38103
Georgia Blythe Felner
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
Paul Goodman
Asst District Attorney General
201 Poplar Street, Suite 301
Memphis, TN 38103
Judge:WADE
First Paragraph:
The defendant, Thomas L. Matthews, pled guilty to one count of
unlawful possession of a controlled substance with intent to sell.
Tenn. Code Ann. S 39-17-417. The plea agreement included a Range II
sentence of six years with the trial court to determine the manner of
service. The trial court ordered service of the sentence in the
county workhouse. In this appeal of right, the defendant claims the
court erred by denying Community Corrections.
URL:http://www.tba.org/tba_files/TCCA/mathwstl_opn.WP6
STATE OF TENNESSEE
vs.
DERRICK McCLURE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Joseph S. Ozment John Knox Walkup
Attorney at Law Attorney General and Reporter
217 Exchange Avenue
Memphis, TN 38105 Deborah A. Tullis
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
William Gibbons
District Attorney General
Thomas Henderson and
Glen Baity
Asst. District Attorneys General
Criminal Justice Complex
Suite 301, 201 Poplar Street
Memphis, TN 38103
Judge:Hayes
First Paragraph:
The appellant, Derrick McClure, appeals his convictions for first
degree murder, criminal attempt to commit first degree murder, and two
counts of especially aggravated robbery. Following a jury trial, the
Shelby County Criminal Court sentenced the appellant to an effective
sentence of life plus twenty-five years in the Tennessee Department of
Correction.
URL:http://www.tba.org/tba_files/TCCA/mcclured_opn.WP6
LARRY MORRIS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Daniel A. Seward John Knox Walkup
Attorney at Law Attorney General & Reporter
P. O. Box 11207 425 Fifth Avenue, North
Memphis, TN 38111-0207 Nashville, TN 37243-0497
Georgia B. Felner
Counsel for the State
425 Fifth Avenue, North
Nashville, TN 37243-0497
William L. Gibbons
District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
James M. Lamey
Asst District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
Judge:Jones
First Paragraph:
The appellant, Larry Morris (petitioner), appeals as of right from a
judgment of the trial court dismissing his post-conviction action
following an evidentiary hearing. The trial court found the
petitioner received the effective assistance of counsel guaranteed by
the United States and Tennessee Constitutions. In this court, the
petitioner presents one issue for review, namely, "[w]hether the trial
court properly dismissed the petition for post-conviction in finding
that the petitioner was afforded the effective assistance of counsel."
After a thorough review of the record, the briefs submitted by
counsel, 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/morrisl_opn.WP6
MARK L. PECK
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
RAYMOND C. CONKIN , JR. JOHN KNOX WALKUP
320 Cherokee St., Ste B Attorney General and Reporter
Kingsport, TN 37660
PETER M. COUGHLAN
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243
GREELEY WELLS
District Attorney General
EDWARD E. WILSON
TERESA MURRAY SMITH
P. O. Box 526
Blountville, TN 37617
Judge:SMITH
First Paragraph:
On April 22, 1989, a Sullivan County jury found Petitioner-Appellant,
Mark L. Peck, guilty of first-degree murder, and sentenced him to life
imprisonment. After an unsuccessful direct appeal to this Court, on
January 10, 1995, Appellant filed a pro se petition for habeas corpus
relief. This petition was construed by the court as a petition for
post-conviction relief and counsel was appointed. On July 9, 1995,
after a hearing, the court dismissed Appellant's petition. Appellant
appeals from the denial of his petition, claiming that the trial court
erred in finding that he received effective assistance of counsel at
trial.
URL:http://www.tba.org/tba_files/TCCA/peckma_opn.WP6
DEMETRIUS ROBERTSON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Russell J. Johnson John Knox Walkup
Attorney Attorney General & Reporter
5100 Poplar Ave., 27th Fl.
Memphis, TN 38137 Marvin E. Clements, Jr.
Assistant Attorney General
Criminal Justice Division
Cordell Hull Bldg, Second Fl.
425 Fifth Avenue North
Nashville, TN 37243-0493
Kevin Rardin
Asst. District Attorney General
Criminal Justice Complex
201 Poplar Avenue, Suite 301
Memphis, TN 38103
Judge:WADE
First Paragraph:
The defendant, Demetrius Robertson, entered a plea of guilt to
possession of a controlled substance with intent to sell. The trial
court imposed a sentence of split confinement: six months in jail
followed by a three-year probationary period.
URL:http://www.tba.org/tba_files/TCCA/robertsd_opn.WP6
STEPHEN R. STAMPS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Victoria L. DiBonaventura Charles W. Burson
209 West Wood Street Attorney General of Tennessee
Paris, TN 38242 and
Deborah A. Tullis
Asst Attorney General of TN
450 James Robertson Parkway
Nashville, TN 37243-0493
G. Robert Radford
District Attorney General
P.O. Box 686
Huntingdon, TN 38344-0686
and
Vicky Snyder
Asst District Attorney General
P.O. Box 94
Paris, TN 38242
Judge:Tipton
First Paragraph:
The petitioner, Stephen Ray Stamps, appeals as of right from the Henry
County Circuit Court's denial of post-conviction relief. He was
convicted in 1992 of rape and sentenced as a Range I, standard
offender to twelve years in the Tennessee Department of Correction.
The conviction was affirmed on direct appeal. State v. Stephen Ray
Stamps, No. 02C01-9301-CC-00002, Henry County (Tenn. Crim. App. Mar.
2, 1994), app. denied (Tenn. July 18, 1994). The petitioner asserts
that he received ineffective assistance of trial counsel because of
counsel's (1) failure to object to testimony of the victim's
out-of-court statements and (2) failure to object to the state
presenting this testimony before the victim had testified. We
disagree.
URL:http://www.tba.org/tba_files/TCCA/stampssr_opn.WP6
THOMAS HAROLD STIGER
vs.
COMMISSIONER, TENNESSEE
DEPARTMENT OF CORRECTION
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Thomas Harold Stiger, pro se John Knox Walkup
P. O. Box 34550 Attorney General & Reporter
Memphis, TN 38138 425 Fifth Avenue, North
Nashville, TN 37243-0493
Deborah A. Tullis
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
Karen Cook
Asst District Attorney General
201 Poplar Avenue, Suite 3-01
Memphis, TN 38103
Judge:Jones
First Paragraph:
The appellant, Thomas Harold Stiger (petitioner), appeals as of right
from the summary dismissal of his habeas corpus action. The trial
court dismissed the action because (a) the petitioner failed to comply
with the requirements of Tenn. Code Ann. SS 29-12-101, et seq. and (b)
the petitioner is a federal prisoner and was confined to a federal
penal institution when the petition was filed. In this court, the
petitioner contends Tenn. Code Ann. SS 29-21-101 and -102 are
unconstitutionally "vague or indefinite," and the trial court erred by
applying Tenn. Code Ann. SS 29-21-101 and 102 to dismiss his habeas
corpus action. 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 pursuant to Rule 20, Tennessee Court of
Criminal Appeals.
URL:http://www.tba.org/tba_files/TCCA/stigerth_opn.WP6
LARRY DALE TAYLOR
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
J. MICHAEL IVEY JOHN KNOX WALKUP
107 Tennessee Avenue South Attorney General & Reporter
P.O. Box 127
Parsons, TN 38363 PETER M. COUGHLAN
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
G. ROBERT RADFORD
District Attorney General
JERRY W. WALLACE
Asst District Attorney General
P.O. Box 637
Parsons, TN 38363
Judge:WOODALL
First Paragraph:
The Petitioner, Larry Dale Taylor, appeals as of right the trial
court's dismissal of his petition for post-conviction relief. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/taylorld_opn.WP6
STATE OF TENNESSEE
vs.
JOE TYUS
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
William D. Bowen Charles W. Burson
Asst. Public Defender Attorney General and Reporter
107 South Court Square
Trenton, TN 38382 Deborah A. Tullis
Assistant Attorney General
Criminal Justice Division
Tom W. Crider 450 James Robertson Parkway
District Public Defender Nashville, TN 37243-0493
Clayburn L. Peeples
District Attorney General
109 East First Street
Trenton, TN 38382
Judge:Hayes
First Paragraph:
The appellant, Joe Tyus, appeals from convictions entered by the
Haywood County Circuit Court for felony possessions of Schedule II and
Schedule VI controlled substances with the intent to sell.
URL:http://www.tba.org/tba_files/TCCA/tyusj_opn.WP6
STATE OF TENNESSEE
vs.
ALVIN K. WALKER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
A.C. WHARTON JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
WALKER GWINN DEBORAH A. TULLIS
Assistant Public Defender Assistant Attorney General
2nd Floor, Cordell Hull Building
MICHAEL JOHNSON 425 Fifth Avenue North
Assistant Public Defender Nashville, TN 37243
JUANITA PEYTON JOHN W. PIEROTTI
Assistant Public Defender District Attorney General
Criminal Justice Ctr, Ste 201
201 Popler Avenue JANET L. SHIPMAN
Memphis, TN 38103 Asst District Attorney General
Criminal Justice Center, Ste 301
201 Poplar Avenue
Memphis, TN 38103
Judge:WOODALL
First Paragraph:
The Defendant, Alvin K. Walker, appeals as of right from his
conviction for aggravated robbery following a jury trial in the Shelby
County Criminal Court. The only issue Defendant raises in this appeal
is the sufficiency of the evidence, specifically as to the eyewitness
testimony identifying the Defendant as committing the offense. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/walkerak_opn.WP6
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