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.
- 01-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA
- 07-New Opinons From TCCA
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STATE OF TENNESSEE vs. THOMAS DEE HUSKEY Court:TSC First Paragraph: The appellant, Thomas Dee Huskey, has filed a petition requesting this Court to grant a rehearing in this matter pursuant to Tenn. R. App. P. 39. We have considered all of the arguments raised in the petition, and we have found them to be without merit. The petition for rehearing is, therefore, denied. URL:http://www.tba.org/tba_files/TSC/huskeytd_reh.WP6 ROBERT C. BELLAFANT vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DANIEL J. RUNDE JOHN KNOX WALKUP Assistant Public Defender Attorney General and Reporter P.O. Box 1208 Pulaski, TN 38478 PETER M. COUGHLAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 MIKE BOTTOMS District Attorney General P.O. Box 459 Lawrenceburg, TN 38464 Judge:WELLES First Paragraph: The Petitioner, Robert Carroll Bellafant, appeals pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure from the trial court's denial of his petition for post-conviction relief. He argues (1) That the reasonable doubt instruction administered at his trial is constitutionally infirm; and (2) that trial and appellate counsel rendered ineffective assistance. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/bellafrc_opn.WP6 BRENT A. BLYE vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: BRENT A. BLYE JOHN KNOX WALKUP Pro Se Attorney General and Reporter 149508 NECC POB 5000 Mountain City, TN 37683 SANDY R. COPOUS Assistant Attorney General 450 James Robertson Parkway Nashville, TN 37243-0493 DAVID CROCKETT District Attorney General Route 19, Box 99 Johnson City, TN 37601 Judge:SMITH First Paragraph: Appellant Brent Blye was convicted by a jury on May 1, 1995 in the Sullivan County Criminal Court for possession of over .5 grams of cocaine with the intent to sell and for evading arrest. As a Range I standard offender, Appellant received the following concurrent sentences: (1) On the conviction for possession with intent to sell, the trial court sentenced Appellant to ten years incarceration with the Tennessee Department of Correction, ordered him to pay $26.50 to the Criminal Injuries Compensation Fund, and fined him $50,000.00. (2) On the evading arrest conviction, the court ordered Appellant to serve eleven months and twenty-nine days jailtime, directed him to pay $26.50 to the Criminal Injuries Compensation Fund, and fined him $2,500.00. On September 10, 1996, Appellant filed an application for writ of habeas corpus and moved to proceed in forma pauperis. In his application, Appellant alleged that he was being illegally restrained under a void conviction in which the underlying indictment failed to sufficiently state a mens rea. On October 28, 1996, the trial court denied Appellant's petition on the ground that the application failed to state a claim for which habeas corpus relief could be granted. Appellant presents the following issue for our consideration in this direct appeal: whether the trial court erred in dismissing Appellant's petition for writ of habeas corpus prior to the State's filing a response and without conducting an evidentiary hearing. URL:http://www.tba.org/tba_files/TCCA/blyebren_opn.WP6 STATE OF TENNESSEE vs. JIMMY RAY BOLDEN, JR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Joe H. Walker John Knox Walkup District Public Defender Attorney General & Reporter Walter B. Johnson, II Janis L. Turner Asst District Public Defender Cordell Hull Bldg, Second Fl P.O. Box 334 425 Fifth Avenue North Harriman, TN 37748 Nashville, TN 37243-0493 Charles E. Hawk District Attorney General Roger Delp Asst District Attorney General P.O. Box 703 Kingston, TN 37763-0703 Judge:SUMMERS First Paragraph: Appellant Jimmy Ray Bolden, Jr. was indicted for aggravated burglary and theft of property over $1000. He pled guilty to both charges. The trial court sentenced him as a Range II, multiple offender, to six years for the aggravated burglary conviction and to four years for the theft conviction in the Tennessee Department of Correction. The sentences were to run concurrently to one another but consecutively to the appellant's prior sentences which he was serving. URL:http://www.tba.org/tba_files/TCCA/boldenjr_opn.WP6 STATE OF TENNESSEE vs. TED RAY BRANNAN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: PHILIP A. CONDRA JOHN KNOX WALKUP Public Defender Attorney General and Reporter 204 Betsy Pack Drive Jasper, TN 37347 DARYL J. BRAND Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 J. MICHAEL TAYLOR District Attorney General STEVEN M. BLOUNT Asst District Attorney General 324 Dinah Shore Blvd. Winchester, TN 37398 Judge:WELLES First Paragraph: Appellant Jimmy Ray Bolden, Jr. was indicted for aggravated burglary and theft of property over $1000. He pled guilty to both charges. The trial court sentenced him as a Range II, multiple offender, to six years for the aggravated burglary conviction and to four years for the theft conviction in the Tennessee Department of Correction. The sentences were to run concurrently to one another but consecutively to the appellant's prior sentences which he was serving. URL:http://www.tba.org/tba_files/TCCA/brannatr_opn.WP6 STATE OF TENNESSEE vs. JAMES BRITT Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JERRY B. BIBLE JOHN KNOX WALKUP 11 B Courthouse Square Attorney General & Reporter Suite B Jasper, TN 37347 ELIZABETH B. MARNEY Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 JAMES MICHAEL TAYLOR District Attorney General JAMES POPE Asst District Attorney General 265 Third Avenue Dayton, TN 37321 Judge:CLARK First Paragraph: On July 28, 1995, the petitioner plead guilty to one count of especially aggravated robbery and one count of second degree murder. He was sentenced as a range one offender on the aggravated robbery charge and received a twenty year sentence. He agreed to plead upward as a range three offender to second degree murder and received a sentence of forty-five years. The sentences were run concurrently. URL:http://www.tba.org/tba_files/TCCA/britt_opn.WP6 STATE OF TENNESSEE vs. JAMES KEVIN MESSICK Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL J. FLANAGAN JOHN KNOX WALKUP DALE M. QUILLEN Attorney General and Reporter 95 White Bridge Rd #208 Nashville, TN 37205 ELLEN H. POLLACK Assistant Attorney General 425 5th Avenue North Nashville, TN 37243 C. MICHAEL LAYNE District Attorney General STEPHEN WEITZMAN Asst District Attorney General Manchester, TN 37355 Judge:WELLES First Paragraph: The Defendant, James Kevin Messick, appeals pursuant to Rule 3, Tennessee Rules of Appellate Procedure. He was convicted by a Coffee County jury of one count of theft over one thousand dollars ($1,000.00), a Class D felony. He was sentenced to four years as a standard, Range I offender to serve nine months in the Coffee County Jail and the balance in community corrections. He was fined $2,500.00, ordered to pay $7,200.00 in restitution and to perform 250 hours of community service. The Defendant argues one issue on appeal: that the trial court erred in failing to grant him full probation. Although we decline to allow full probation, we modify the manner of service of the sentence. URL:http://www.tba.org/tba_files/TCCA/messicjk_opn.WP6 JOHNNY PARKER vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Brandt Davis John Knox Walkup Attorney at Law Attorney General & Reporter 1707 Cove Creek Lane, Suite 2 Knoxville, TN 37919 Ellen H. Pollack Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0943 Randall E. Nichols District Attorney General Zane Scarlett Asst District Attorney General City-County Building Knoxville, TN 37902 Judge:SUMMERS First Paragraph: The appellant, Johnny Parker, appeals the denial of post-conviction relief, arguing that he received ineffective assistance from his attorney. In 1992, the appellant was convicted of attempt to commit first degree murder and received a twenty-three year sentence in the Tennessee Department of Correction. The appellant filed a pro se petition for post-conviction relief, and counsel was appointed for the appellant. After a hearing on January 23 and 24, 1997, the trial court denied post-conviction relief. URL:http://www.tba.org/tba_files/TCCA/parkerjo_opn.WP6
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