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TBALink Opinion-Flash
May 28, 1998 -- Volume #4 -- Number #082
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
- 00-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA
- 10-New Opinons From TCCA
- 00-New Opinons From TSC
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George Dean
TBALink Chief Editor
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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