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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- 00-New Opinons From TSC-Rules
- 01-New Opinons From TSC-Workers Comp Panel
- 01-New Opinons From TCA
- 23-New Opinons From TCCA
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REBECCA FAY WOODS, HARRY B. WOODS, JR., AND SHIRLEY ANN WOODS vs. HARRY B. WOODS PLUMBING COMPANY, INC., HARPETH CONSTRUCTION CO., INC., AND TRAVELERS INSURANCE COMPANY Court:TSC Attorneys: FOR APPELLANTS: FOR APPELLEES, Harpeth Construction Co., Inc. and Travelers Othal Smith, Jr. Insurance Company: Nashville William G. McCaskill, Jr. Taylor, Philbin, Pigue, Marchetti & Bennett Nashville Judge:HOLDER First Paragraph: We granted this workers' compensation appeal to address two issues: (1) whether the decedent's death arose out of and in the course of employment; and (2) whether the decedent was the initial aggressor; and if so, whether the aggressor doctrine precluded recovery. We find that the decedent's death arose out of and in the course of employment. As to the second issue, we hold the common law aggressor defense as it relates to workers' compensation claims under the Act is abolished in Tennessee and does not bar the decedent's recovery. URL:http://www.tba.org/tba_files/TSC/WOODSRF_OPN.WP6 FANNIE CARTER vs. NATIONAL HEALTH CARE CENTER, ET AL Court:TSC - Workers Comp Panel Attorneys: For the Appellee: For the Appellant: Robert Davies Barbara Medley 150 Second Avenue North 520 North Ellington Parkway Suite 225 Lewisburg, Tennessee 37091 Nashville, Tennessee 372l9 Judge:Gayden First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting of fact and conclusions of law. In this two-sided appeal, the plaintiff contends that the trial court erred in denying the recovery of incurred medical expenses; the defendant contends the trial court erred in granting the plaintiff temporary total benefits and permanent partial disability benefits. The focus of this dispute is plaintiff's employment application wherein, the defendant contends it was not correctly filled out by the plaintiff, and was materially misleading, and therefore the plaintiff is estopped from claiming benefits. URL:http://www.tba.org/tba_files/TSC_WCP/carterfb_opn.WP6 ROVENE LOWE vs. WINNIE SUE SANDERS CANNON and husband, ROBERT CANNON Court:TCA Attorneys: William T. Looney of Paris For Appellee Teresa McCaig Marshall of Paris For Appellants Judge:CRAWFORD First Paragraph: This is a suit to establish a resulting trust and to recover for the breach thereof. Plaintiff/Appellee Rovene Lowe (Lowe) brought suit alleging a resulting trust and seeking damages arising from an alleged breach by Defendants/Appellants Winnie Sue Sanders Cannon (Mrs. Cannon) and Robert Cannon (Mr. Cannon). The trial court found that Lowe had proven the existence of a resulting trust and that the Cannons had breached the trust. Consequently, the trial court awarded Lowe $15,840 in damages. The Cannons appeal. URL:http://www.tba.org/tba_files/TCA/lowerov_opn.WP6 MOHAMED F. ALI vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MOHAMED F. ALI JOHN KNOX WALKUP P.O. Box 5000 Attorney General & Reporter North East Correctional Ctr Mountain City, TN 37683 MICHAEL J. FAHEY, II Assistant Attorney General 425 Fifth Avenue North 2nd Floor, Cordell Hull Bldg. Nashville, TN 37243 Judge:CLARK First Paragraph: The defendant appeals from the trial court's summary dismissal of his Petition for Writ of Habeas Corpus. He contends that the underlying conviction is void because it is based on an invalid indictment. We affirm the trial court. URL:http://www.tba.org/tba_files/TCCA/ali_wpd.WP6 STATE OF TENNESSEE vs. JAMES RAY BARTLETT Court:TCCA Attorneys: For Appellant: For Appellee: A. Jackson Dearing, III Charles W. Burson 117 S. Main Street Attorney General & Reporter Shelbyville, TN 37160 (on appeal) Eugene J. Honea Assistant Attorney General Robert Peters 450 James Robertson Parkway 100 First Ave., S.W. Nashville, TN 37243-0493 Third National Bank Winchester, TN 37398 Michael McCown (at trial) Attorney General Marshall County Courthouse Lewisburg, TN 37091 Charles Crawford Assistant District Attorney General 215 E. College Street Fayetteville, TN 37334 Judge:WADE First Paragraph: The defendant, James Ray Bartlett, was indicted for DUI, driving on a revoked license, five counts of reckless driving, resisting arrest, evading arrest and reckless endangerment. At the close of the state's proof, the trial court granted the defendant's motion for acquittal as to the charge of resisting arrest. The jury rendered guilty verdicts as to the remaining counts. After setting aside the conviction for reckless endangerment, the trial court sentenced the defendant to ten months for the DUI; four months and fifteen days for driving on a revoked license; five months for the reckless driving convictions, all of which were merged as one offense; and ten months for evading arrest. The transcript of the trial indicates sentences were ordered to be served consecutively for an effective sentence of twenty-nine months fifteen days with the minimum service at seventy-five percent. The judgment form indicates concurrent sentencing for all new convictions. The trial court revoked the defendant's community corrections sentence for prior convictions; these new sentences were ordered to be served consecutively to the prior offenses according to the judgment form. URL:http://www.tba.org/tba_files/TCCA/bartletj_opn.WP6 STATE OF TENNESSEE vs. LARRY BLAIR Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: KARL DEAN JOHN KNOX WALKUP Public Defender Attorney General & Reporter JEFFREY A. DeVASHER DARYL J. BRAND Asst. Public Defender Asst. Attorney General (On Appeal) 425 Fifth Ave., North Cordell Hull Bldg., Second Floor ROSS ALDERMAN Nashville, TN 37201 Deputy Public Defender 1202 Stahlman Bldg. VICTOR S. JOHNSON, III Nashville, TN 37201 District Attorney General (At Trial) KATRIN N. MILLER Asst. District Attorney General Washington Square, Suite 500 222 Second Ave., North Nashville, TN 37201 Judge:PEAY First Paragraph: The defendant was indicted in October 1995 on six counts of aggravated robbery, one count of attempted aggravated robbery, and one count of burglary of a motor vehicle. The counts were severed into three groups. The defendant went to trial on the first two counts of aggravated robbery. A jury found him guilty of both counts, and the trial court sentenced the defendant to twenty-five years for each conviction and ordered the sentences to run consecutively. Subsequent to this trial, the defendant and the State reached an agreement as to the other charges, and the defendant ultimately pled guilty to two more counts of aggravated robbery. URL:http://www.tba.org/tba_files/TCCA/blairl_opn.WP6 STATE OF TENNESSEE vs. SAMUEL MYRON CARTER, JR. Court:TCCA Attorneys: FOR THE APPELLANT: THERESA W. DOYLE 211 Printers Alley Building Suite 400 Nashville, TN 37201-1414 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter DARYL J. BRAND Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General JAMES W. MILAM Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge:RILEY First Paragraph: The defendant appeals the trial court's order imposing consecutive sentences. The issue was previously remanded to the trial court for the limited purpose of determining the statutory basis for consecutive sentencing. After a brief hearing, the trial court again imposed consecutive sentences. The judgment of the trial court is affirmed. URL:http://www.tba.org/tba_files/TCCA/cartersm_opn.WP6 KENNETH CHEATHAM vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN H. HENDERSON JOHN KNOX WALKUP District Public Defender Attorney General & Reporter LARRY D. DROLSUM LISA A. NAYLOR Assistant Public Defender Assistant Attorney General 407-C Main Street 2nd Floor, Cordell Hull Building P.O. Box 68 425 Fifth Avenue North Franklin, TN 37065 Nashville, TN 37243 JOSEPH D. BAUGH, JR. District Attorney General DEREK K. SMITH Asst District Attorney General Williamson Co. Courthouse, Ste. G-6 P.O. Box 937 Franklin, TN 37065 Judge:WOODALL First Paragraph: The Petitioner, Kenneth Cheatham, appeals as of right from the order of the Williamson County Circuit Court denying his petition for post-conviction relief. Petitioner was originally charged in a multi-count indictment with four (4) different sales of cocaine, four (4) different charges of delivery of cocaine, and one (1) count of conspiracy to sell or deliver cocaine. He pled guilty to the four (4) counts of sale of cocaine and the charges of delivery of cocaine were dismissed. Petitioner exercised his right to a jury trial on the charge of conspiracy to sell or deliver cocaine and was found guilty. Subsequently, a sentencing hearing was held for the four (4) convictions of sale of cocaine and the conviction for conspiracy. On three (3) of the convictions of sale of cocaine, he received sentences of twelve (12) years on each count to be served concurrently with each other. For the conviction of conspiracy, he also received a six (6) year sentence to be served concurrently. However, the trial court sentenced him to serve a six (6) year sentence for the fourth conviction for sale of cocaine consecutively to the other sentences, for an effective sentence of eighteen (18) years. The Petitioner did not appeal the sentences he received for the convictions of sale of cocaine, but did appeal the conviction and sentence imposed for conspiracy. This court affirmed. See State v. Kenny Cheatham, No. 01C01-9506-CC-00196, Williamson County (Tenn. Crim. App., Nashville, June 11, 1996). At the hearing on the petition for post-conviction relief, the sole issue was whether or not counsel was ineffective during the sentencing hearing and that specifically, as a result of the ineffectiveness of counsel, consecutive sentencing was wrongfully imposed upon Petitioner. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/cheathmk_opn.WP6 STATE OF TENNESSEE vs. RANDALL DEAN COOPER, a/k/a TIMOTHY D. COOPER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DENNIS C. CAMPBELL JOHN KNOX WALKUP Assistant Public Defender Attorney General and Reporter Fourth Judicial District P. O. Box 416 DARIAN B. TAYLOR Dandridge, TN 37725 Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 AL SCHMUTZER, JR. District Attorney General G. SCOTT GREEN Assistant District Attorney Sevierville, TN 37862 Judge:SMITH First Paragraph: The Sevier County Circuit Court removed Appellant, Randall Dean Cooper, from participation in the Community Corrections program upon finding Appellant violated certain program conditions. The trial judge resentenced Appellant to ten years as a Range III offender, from an original sentence of eight years as a Range III. On appeal, Appellant presents the following issues: 1) whether the trial court abused its discretion by increasing Appellant's sentence to ten years in the Department of Corrections after finding Appellant violated the conditions of his eight year Community Corrections sentence; 2) whether Appellant was denied a statutory or constitutional right to a sentencing hearing after the trial court found him in violation of the requirements of the Community Corrections program; and 3) whether the trial court erred by refusing Appellant credit for the time he served pretrial and for time served in the Community Corrections program. URL:http://www.tba.org/tba_files/TCCA/cooperra_opn.WP6 STATE OF TENNESSEE vs. DENNIS R. ENGLAND Court:TCCA Attorneys: FOR THE APPELLEE: FOR THE APPELLANT: R. EDDIE DAVIDSON JOHN KNOX WALKUP 601 Woodland Street Attorney General and Reporter Nashville, TN 37206 DARYL J. BRAND Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 LAWRENCE RAY WHITLEY District Attorney General DEE GAY Asst District Attorney General 113 West Main Street Gallatin, TN 37066 Judge:WELLES First Paragraph: This is an appeal by the State as of right pursuant to Rule 3(c) of the Tennessee Rules of Appellate Procedure. The Defendant filed a motion to suppress evidence seized during a search of his automobile. The trial judge determined that the evidence had been illegally seized and granted the Defendant's motion to suppress. We reverse the judgment of the trial court and remand this case for further proceedings. URL:http://www.tba.org/tba_files/TCCA/englandr_opn.WP6 STATE OF TENNESSEE vs. JESSEE C. GUDGER, III Court:TCCA Attorneys: For the Appellant: For the Appellee: Jessee C. Gudger, III Pro Se John Knox Walkup Attorney General of Tennessee Stephen M. Wallace and District Public Defender Ruth A. Thompson and Asst Attorney General of TN R.C. Newton 450 James Robertson Parkway Assistant Public Defender Nashville, TN 37243-0493 P.O. Box 839 Blountville, TN 37617 H. Greeley Wells, Jr. District Attorney General and Joseph Eugene Perrin Asst District Atty General P.O. Box 526 Blountville, TN 37617-0526 Judge:Tipton First Paragraph: The defendant, Jessee C. Gudger, III, appeals as of right from his conviction by a jury in the Sullivan County Circuit Court for robbery, a Class C felony. The defendant was sentenced as a Range I, standard offender to five years in the custody of the Department of Correction. The trial court ordered the defendant to serve his sentence consecutively to a sentence imposed in an unrelated case. URL:http://www.tba.org/tba_files/TCCA/gudgerjc_opn.WP6 JAMES H. HURTCH vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: James H. Hurtch, Pro Se, #103238 John Knox Walkup R.M.S.I. Attorney General of Tennessee 7475 Cockrill Bend Rd. and Nashville, TN 37209-1010 Ellen H. Pollack (AT TRIAL) Asst Attorney General of TN 450 James Robertson Parkway Gregory D. Smith Nashville, TN 37243-0493 One Public Square, Suite 321 Clarksville, TN 37040 Victor S. Johnson, III (ON APPEAL) District Attorney General and Paul DeWitt Asst District Atty General Washington Square, Suite 500 222 2nd Avenue North Nashville, TN 37201-1649 Judge:Tipton First Paragraph: The petitioner, James H. Hurtch, appeals as of right from the Davidson County Criminal Court's summary dismissal of his third petition for post-conviction relief. The defendant is presently serving a twenty-two-year sentence in the custody of the Department of Correction resulting from his 1992 convictions for aggravated robbery, theft, reckless endangerment, violations of the driver's license law, evading arrest and resisting arrest. The petitioner's underlying claim is that post-conviction appellate counsel for his second petition was ineffective by failing to raise issues on appeal to this court and by failing to appeal the case to the Tennessee Supreme Court. The trial court dismissed the petition because the defendant does not have the right to the effective assistance of counsel in a post-conviction proceeding. See House v. State, 911 S.W.2d 705, 712 (Tenn. 1995). The petitioner acknowledges that there is no right to the effective assistance of post-conviction counsel, but he contends that House should be reversed. However, not only are we bound by House, there is no justiciable claim presented under the 1995 Post-Conviction Procedure Act. URL:http://www.tba.org/tba_files/TCCA/hurtchjh_opn.WP6 STATE OF TENNESSEE vs. STEPHEN NEIL KENNEDY Court:TCCA Attorneys: For the Appellant: For the Appellee: Donald E. Parish John Knox Walkup Ivey, Parish & Johns Attorney General and Reporter 12880 East Paris Street P. O. Box 229 Elizabeth T. Ryan Huntingdon, TN 38344 Assistant Attorney General Criminal Justice Division (ON APPEAL and 450 James Robertson Parkway AT TRIAL) Nashville, TN 37243-0493 Jasper Edmundson Edmundson, Treando, Hopkins, Henson Robert Gus Radford P. O. Box 1049 District Attorney General Poplar Bluff, MO 63902 Eleanor Cahill (AT TRIAL ONLY) Asst. District Attorney General P. O. Box 686 Huntingdon, TN 38344 Judge:Hayes First Paragraph: The appellant, Stephen Neil Kennedy, appeals his conviction by a Carroll County jury for the class B felony of possession of cocaine with the intent to sell or deliver. Following a sentencing hearing, the trial court imposed an eight year sentence of imprisonment in the Department of Correction. URL:http://www.tba.org/tba_files/TCCA/kenedysn_opn.WP6 STATE OF TENNESSEE vs. CHRISTOPHER G. LAMBERT Court:TCCA Attorneys: For the Appellant: For the Appellee: David F. Bautista John Knox Walkup District Public Defender Attorney General of Tennessee 142 E. Market Street and P.O. Box 996 Elizabeth B. Marney Johnson City, TN 37605 Assistant Attorney General of TN (AT TRIAL & ON APPEAL) 450 James Robertson Parkway Nashville, TN 37243-0493 Robert Oaks Assistant Public Defender David E. Crockett Courthouse District Attorney General Elizabethton, TN 37643 Route 19, Box 99 (AT TRIAL) Johnson City, TN 37601 Kenneth Baldwin Asst District Attorney General 900 E. Elk Avenue Elizabethton, TN 37643 Judge:Tipton First Paragraph: The defendant, Christopher G. Lambert, appeals as of right from the Carter County Criminal Court upon a certified question of law that is dispositive of the cases involved. The defendant entered pleas of guilty to driving under the influence (DUI), third offense, and three charges of driving in violation of an Habitual Motor Vehicle Offender (HMVO) judgment that barred him from driving. He received an effective sentence of three years in a community corrections program, including time served of two hundred eight days, and was fined $1,130. URL:http://www.tba.org/tba_files/TCCA/lambertc_opn.WP6 STATE OF TENNESSEE vs. JASON JAMES MATTHEWS Court:TCCA Attorneys: For Appellant: For Appellee: Vanessa P. Bryan John Knox Walkup Assistant Public Defender Attorney General and Reporter 407-C Main Street P.O. Box 68 Janis L. Turner Franklin, TN 37065-0068 Counsel for the State Cordell Hull Building, Second Fl 425 Fifth Avenue North Nashville, TN 37243-0493 Ronald L. Davis and Mark Puryear Asst District Attorneys General G-6 Courthouse, P.O. Box 937 Franklin, TN 37065-0937 Judge:WADE First Paragraph: The defendant, Jason James Matthews, was charged with possession of a controlled substance for resale. The jury found the defendant guilty of simple possession of a Schedule VI controlled substance. The trial court imposed a sentence of eleven months and twenty-nine days in the workhouse, suspended after the service of thirty days in the county jail. The defendant was fined $1,000.00. URL:http://www.tba.org/tba_files/TCCA/mathwsjj_opn.WP6 STATE OF TENNESSEE vs. MARK F. MAYBREY Court:TCCA Attorneys: FOR THE APPELLANT: R. STEVEN WALDRON TERRY A. FANN Waldron and Fann 202 West Main Street Murfreesboro, TN 37130-3581 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter DARYL J. BRAND Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM C. WHITESELL, JR. District Attorney General 303 Rutherford Co. Judicial Bldg. Murfreesboro, TN 37130 Judge:RILEY First Paragraph: The Rutherford County grand jury returned indictments charging the defendant, Mark F. Maybrey, with three (3) counts of telephone harassment. The defendant applied for pretrial diversion, which was denied by the District Attorney General. Defendant filed a petition for writ of certiorari in the Rutherford County Circuit Court, seeking to overturn the District Attorney's denial of diversion. After a hearing, the trial court found that the District Attorney had not abused his discretion. Pursuant to Tenn. R. App. P. 9, defendant brings this interlocutory appeal, claiming the trial court erred in finding that the District Attorney General had not abused his discretion in denying diversion. We find no error; therefore, the judgment of the trial court is AFFIRMED. URL:http://www.tba.org/tba_files/TCCA/maybremf_opn.WP6 MICHAEL O'NEAL McCONNELL vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: CHARLES W. HOLT, JR. 235 Waterloo Street P. O. Box 357 Lawrenceburg, TN 38464-0357 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter ELLEN H. POLLACK Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 T. MICHAEL BOTTOMS District Attorney General JAMES G. WHITE, II Assistant District Attorney General P. O. Box 279 Lawrenceburg, TN 38464-0279 Judge:RILEY First Paragraph: Petitioner, Michael O'Neal McConnell, appeals the denial of his petition for post-conviction relief. Two (2) issues are presented for our review, namely: (1) whether petitioner was deprived of effective assistance of counsel when he was advised to give a statement to police authorities; and (2) whether the sentences received by petitioner are illegal. Finding no error, we AFFIRM the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/mcconnmo_opn.WP6 STATE OF TENNESSEE vs. RICHARD BURT McKEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREGORY D. SMITH JOHN KNOX WALKUP One Public Square, Suite 321 Attorney General & Reporter Clarksville, TN 37040 KAREN M. YACUZZO Assistant Attorney General 2nd Floor, Cordell Hull Bldg 425 Fifth Avenue North Nashville, TN 37243 DAN M. ALSOBROOKS District Attorney General JAMES WALLACE KIRBY Asst District Attorney General 105 Sycamore Street Ashland City, TN 37015 Judge:WOODALL First Paragraph: The Defendant, Richard Burt McKee, appeals as of right from his conviction following a jury trial in the Cheatham County Circuit Court. Defendant was convicted of first degree murder and was sentenced to life imprisonment without parole. URL:http://www.tba.org/tba_files/TCCA/mckeerb_opn.WP6 VERNON W. NEWSOME vs. STATE OF TENNESSEE Court:TCCA Judge:RILEY First Paragraph: Petitioner, Vernon W. Newsome, appeals the dismissal by the Davidson County Criminal Court of his second petition for post-conviction relief. We affirm the dismissal pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. URL:http://www.tba.org/tba_files/TCCA/newsomvw_ord.WP6 STATE OF TENNESSEE vs. ABDUL M. ODOM Court:TCCA Attorneys: FOR THE APPELLANT: DAVID I. KOMISAR 211 Printers Alley Building Suite 400 Nashville, TN 37201-1414 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter JANIS L. TURNER Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General PAMELA S. ANDERSON Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge:RILEY First Paragraph: The defendant appeals his conviction by a Davidson County jury of the offense of aggravated assault. He raises two (2) issues for our review; namely, (1) whether there was a variance between the indictment and the proof sufficient to merit a judgment of acquittal, and (2) whether the trial court erred in sentencing the defendant by using inapplicable enhancement factors. The judgment of the trial court is affirmed. URL:http://www.tba.org/tba_files/TCCA/odomam_opn.WP6 STATE OF TENNESSEE vs. ELIZABETH MARIA ORTIZ Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: VAN L. RIGGINS, JR. JOHN KNOX WALKUP Parker, Riggins & Wallace, PLC Attorney General and Reporter 118 Franklin Street Clarksville, TN 37040 PETER M. COUGHLAN Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243 JOHN CARNEY District Attorney General CHARLES BUSH Assistant District Attorney Franklin Street Clarksville, TN 37040 Judge:SMITH First Paragraph: Appellant Elizabeth Marie Ortiz was convicted by a jury on April 21, 1995 in the Montgomery County Circuit Court of criminally negligent homicide, accessory after the fact, and conspiracy to commit first degree murder. On May 19, 1995, the trial court determined Appellant to be a Range I standard offender and imposed the following sentences: (1) twenty-three years incarceration with the Tennessee Department of Correction for conspiracy to commit first degree murder; (2) two years imprisonment for criminally negligent homicide; and (3) two years for accessory after the fact, all sentences are to be served concurrently. Appellant presents the following issues for our consideration on this direct appeal: (1) whether the trial court erred by initially failing to instruct the jury as to the lesser included offenses of criminal conspiracy; and (2) whether Appellant's sentence is excessive. URL:http://www.tba.org/tba_files/TCCA/ortizeli_opn.WP6 WILLIE L. PEGUES vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Loys A. "Trey" Jordan, III John Knox Walkup 4171 Lamar Avenue, Ste 101 Attorney General and Reporter Memphis, TN 38118 Kenneth W. Rucker Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 William L. Gibbons District Attorney General James M. Lammey Asst. District Attorney General Criminal Justice Complex, Ste #301 201 Poplar Street Memphis, TN 38103 Judge:Hayes First Paragraph: The appellant, Willie L. Pegues, appeals the denial of his petition for post conviction relief by the Shelby County Criminal Court. He is currently serving a life sentence in the Department of Correction imposed as a result of his 1991 conviction for the felony murder of Nore Bolar. His conviction was affirmed on direct appeal to this court. See State v. Pegues, No. 02C01-9202-CR-00040 (Tenn. Crim. App. at Jackson, Mar. 9, 1994), perm. to appeal denied, (Tenn. Jul. 5, 1994). In February 1995, the appellant filed a pro se petition for post-conviction relief. After counsel was appointed, an amended petition was filed. Following a hearing on the merits, the trial court denied the post-conviction petition. In this appeal as of right, the appellant argues ineffectiveness of counsel at trial and on appeal. Specifically, he contends that trial counsel failed to adequately prepare for trial and failed to file a written motion to suppress; and, that appellate counsel failed to challenge the admissibility of the appellant's statements to the police. In a separate, but related issue, the appellant argues that the trial court improperly admitted into evidence his statement to the police. URL:http://www.tba.org/tba_files/TCCA/pegueswl_opn.WP6 STATE OF TENNESSEE vs. GREGORY STEELE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT S. PETERS JOHN KNOX WALKUP Attorney At Law Attorney General & Reporter 100 First Avenue, S.W. Winchester, TN 37398 CLINTON J. MORGAN Counsel for the State 425 Fifth Avenue North Cordell Hull Building Nashville, TN 37243-0493 WILLIAM COPELAND Asst. Dist. Attorney General 324 Dinah Shore Blvd. Winchester, TN 37398 Judge:WITT First Paragraph: The defendant, Gregory Steele, directly appeals his conviction and sentence imposed by the Franklin County Criminal Court. A jury convicted the defendant of driving a motor vehicle while under the influence of an intoxicant, first offense, and the trial judge imposed a $350.00 fine, suspension of driving privileges for one year, and a sentence of eleven months, twenty-nine days, of which fifteen days must be spent in confinement with the balance served on probation. The defendant challenges the sufficiency of the convicting evidence and the sentence imposed by the trial court. After a review of the record and briefs, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/steeleg_opn.WP6 STATE OF TENNESSEE vs. BONNIE STILLWELL Court:TCCA Attorneys: For the Appellant For the Appellee Mack Garner John Knox Walkup District Public Defender Attorney General & Reporter 419 High Street Maryville, TN. 37804 Sarah M. Branch Assistant Attorney General 2nd Floor Cordell Hull Building 425 Fifth Avenue North Nashville, TN. 37243-0943 Michael L. Flynn District Attorney General Edward P. Bailey, Jr. Assistant District Attorney General 363 Court Street Maryville, TN. 37804-5906 Judge:BARKER First Paragraph: The appellant, Bonnie Stillwell, appeals as of right the Blount County Circuit Court's order to revoke her probation. She contends that the trial court's order was improper in light of her efforts to comply with the terms of probation. After a review of the record, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/stilwlbs_opn.WP6 STATE OF TENNESSEE vs. JOHNNY WAYNE TILLERY Court:TCCA Attorneys: For the Appellant: For the Appellee: Rogers N. Hays Charles W. Burson Robert D. Massey Attorney General of Tennessee P.O. Box 409 and Pulaski, TN 38478 Ellen H. Pollack (AT TRIAL) Asst Attorney General of Tennessee 450 James Robertson Parkway Robert D. Massey Nashville, TN 37243-0493 P.O. Box 409 Pulaski, TN 38478 T. Michael Bottoms (ON APPEAL) District Attorney General P.O. Box 459 Lawrenceburg, TN 38464-0459 Assistant District Attorney General Judge:Tipton First Paragraph: The defendant, Johnny Wayne Tillery, appeals as of right from his conviction by a jury in the Circuit Court of Giles County for possession with the intent to sell cocaine, a Class B felony. As a Range I, standard offender, he received a ten-year sentence in the custody of the Department of Correction and was fined twenty-five thousand dollars. URL:http://www.tba.org/tba_files/TCCA/tilleryj_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/tilleryj_con.WP6
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