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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STATE OF TENNESSEE vs. VIRGINIA AILENE GANN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: VICKIE FRYE-FOWLKES (at trial) JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter P.O. Box 247 Winchester, TN 37398 KAREN M. YACUZZO Assistant Attorney General ROBERT S. PETERS (on appeal) 425 Fifth Ave. North Attorney at Law 2d Floor, Cordell Hull Bldg. 100 First Ave., S.W. Nashville, TN 37243-0493 Winchester, TN 37398 C. MICHAEL LAYNE District Attorney General STEPHEN E. WEITZMAN Asst. District Attorney General P.O. Box 147 Manchester, TN 37349-0147 Judge:WITT First Paragraph: The defendant, Virginia Ailene Gann, appeals her convictions of second offense driving under the influence and evading arrest. Her convictions resulted from a jury trial in the Coffee County Circuit Court. The trial court sentenced her to serve eleven months and 29 days for driving under the influence, with 180 days of incarceration followed by probation, and two years of incarceration for evading arrest. Concurrent sentences were imposed. In this direct appeal, Gann contends the convicting evidence is insufficient to support findings of guilt beyond a reasonable doubt and that her sentences are excessive. Following this court's review of the record and the briefs of the parties, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/gannva_opn.WP6 STATE OF TENNESSEE vs. JOEL GUILDS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ERIC L. DAVIS JOHN KNOX WALKUP 317 Main St., Suite 208 Attorney General & Reporter Franklin, TN 37064 JANIS L. TURNER Counsel for the State 425 Fifth Ave., North Cordell Hull Bldg., Second Fl. Nashville, TN 37243-0493 JOSEPH D. BAUGH District Attorney General MARK PURYEAR Asst. District Attorney General P.O. Box 937 G-6 Williamson County Courthouse Franklin, TN 37064 Judge:PEAY First Paragraph: The Williamson County grand jury returned a two count presentment against the defendant charging him with alternative counts of theft of property in excess of one thousand dollars ($1000). Following a jury trial, he was convicted of the first count and was given a four year sentence. The trial court ordered the defendant to serve 150 days of his sentence, day for day, with the remainder to be served on intensive probation. The defendant now appeals and argues that the evidence was insufficient to convict him of theft, that his sentence is excessive, and that the trial court erred in denying his motion for a new trial. After a review of the record and applicable law, we find no error and affirm the judgment of the court below. URL:http://www.tba.org/tba_files/TCCA/guildsj_opn.WP6 TRACY HIGGINBOTHAM vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: TRACY HIGGINBOTHAM, pro se JOHN KNOX WALKUP (At Trial) Attorney General & Reporter MARK T. FREEMAN DARYL J. BRAND 1092 Gen. George Patton Drive Asst. Attorney General Nashville, TN 37221 425 Cordell Hull Building, 2nd Fl (On Appeal) Nashville, TN 37243-0493 Judge:PEAY First Paragraph: The petitioner, Tracy Higginbotham, appeals the Wayne County Circuit Court's dismissal of his petition for a writ of habeas corpus. He was convicted by a jury in the Robertson County Criminal Court on September 11, 1992 of two counts of aggravated sexual battery and one count of aggravated rape. He received an effective sentence of twenty years in the Tennessee Department of Correction. In his habeas corpus petition, he challenged the sufficiency of the Robertson County indictment, which alleged five counts of aggravated sexual battery and one count of aggravated rape, on the grounds that the essential mens rea elements were not stated. After a review of the record on appeal, the briefs of the parties, and the applicable law, we affirm the dismissal of the habeas corpus petition. URL:http://www.tba.org/tba_files/TCCA/higginb_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/higginbc_con.WP6 Note: These are reposted today due to a file name error yesterday. STATE OF TENNESSEE vs. KEITH E. HODGE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHARLES I. POOLE JOHN KNOX WALKUP 133 Commerce Street Attorney General and Reporter Sevierville, TN 37862 MARVIN E. CLEMENTS, JR. Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 AL SCHMUTZER, JR. District Attorney General STEVEN R. HAWKINS Sevier County Courthouse Sevierville, TN 37862 Judge:SMITH First Paragraph: On August 20, 1996 a Sevier County jury convicted Appellant, Keith Hodge, of nine counts of aggravated rape and two counts of aggravated sexual battery. After a sentencing hearing, the trial court sentenced Appellant to twenty years imprisonment for each aggravated rape conviction and ten years imprisonment for each aggravated sexual battery conviction. Three of the twenty year sentences were to be served consecutively, all other sentences were to be served concurrently, for an aggregate sentence of sixty years to be served as a Range I standard offender. After the trial court denied Appellant's motion for a new trial, Appellant filed this appeal, challenging the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/Hodgekei_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/Hodgekei2_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/Hodgekei3_opn.WP6 ROLAND H. MATLOCK vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: TERRY J. CANADY 211 Printers Alley Building Suite 400 Nashville, TN 37201-1414 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter LISA A. NAYLOR Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General KYMBERLY HAAS Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge:SMITH First Paragraph: The petitioner, Roland H. Matlock, appeals the order of the Criminal Court of Davidson County denying his petition for post-conviction relief after an evidentiary hearing. He is presently serving an effective sentence of thirty-five (35) years as a result of guilty pleas to aggravated burglary, aggravated kidnapping and four (4) counts of rape. On appeal petitioner claims he received ineffective assistance of counsel because: (1) counsel persuaded him to plead guilty to aggravated kidnapping contrary to the principles of State v. Anthony; and (2) counsel failed to advise him of his right to seek second tier appellate review of his convictions and sentences to the Tennessee Supreme Court. Because we find that petitioner was denied his right to seek second tier appellate review, we grant him the right to seek a delayed appeal to the Tennessee Supreme Court. In all other respects, the judgment of the trial court is affirmed. URL:http://www.tba.org/tba_files/TCCA/matlocrh_opn.WP6 STATE OF TENNESSEE vs. JACK EDWARD PIERSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN KNOX WALKUP THOMAS McKINNEY Attorney General & Reporter 222 E. Center Street Kingsport, TN 37660 ELLEN H. POLLACK Assistant Attorney General Cordell Hull Building - 2nd Fl 425 Fifth Avenue North Nashville, TN 37243 H. GREELEY WELLS JR. District Attorney General EDWARD WILSON Assistant District Attorney P.O. Box 526 Blountville, TN 37617 Judge:CLARK First Paragraph: The State appeals the trial court's grant of defendant's motion to suppress evidence seized based on an invalid warrantless search. The judgment of the trial court is affirmed. URL:http://www.tba.org/tba_files/TCCA/pierson_opn.WP6 STATE OF TENNESSEE vs. REGINALD SUTTON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARK E. STEPHENS JOHN KNOX WALKUP District Public Defender Attorney General & Reporter JAMIE L. NILAND SANDY C. PATRICK Assistant Public Defender Assistant Attorney General 1209 Euclid Avenue 2nd Floor, Cordell Hull Building Knoxville, TN 37921 425 Fifth Avenue North Nashville, TN 37243 RANDALL E. NICHOLS District Attorney General MARSHA SELECMAN Assistant District Attorney General City-County Building Knoxville, TN 37902 Judge:WOODALL First Paragraph: The Defendant, Reginald Sutton, appeals from the sentencing order of the Knox County Criminal Court. Defendant pled guilty to one count of making harassing telephone calls. Following the sentencing hearing, the trial court sentenced Defendant to serve eleven (11) months and twenty-nine (29) days, to be served at seventy-five percent (75%). Defendant appeals the sentence, arguing that it does not conform to the requirements of the Criminal Sentencing Reform Act of 1989, and that the sentence is excessive and should be reduced on appeal or remanded for a new sentencing hearing. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/suttonr_opn.WP6
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