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TBALink Opinion-Flash
April 9, 1998 -- Volume #4 -- Number #063
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):
- 01-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 01-New Opinons From TSC-Workers Comp Panel
- 01-New Opinons From TCA
- 23-New Opinons From TCCA
- 01-New Opinons From TSC
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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
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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