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TBALink Opinion-Flash
June 4, 1998 -- Volume #4 -- Number #085
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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George Dean
TBALink Chief Editor
STATE OF TENNESSEE VS. LEMONT E. BLAIR Court:TCCA Attorneys: For the Appellant: For the Appellee: Gerald L. Gulley, Jr. John Knox Walkup Baker, McReynolds, Byrne, Attorney General & Reporter O'Kane, Shea & Townsend P.O. Box 1708 Clinton J. Morgan Knoxville, TN. 37901-1708 Assistant Attorney General 425 Fifth Avenue North Randall E. Reagan 2nd Floor, Cordell Hull Building 602 Gay Street, Ste. 905 Nashville, TN. 37243-0493 Knoxville, TN. 37902 Randall Eugene Nichols District Attorney General Paula R. Gentry Asst District Attorney General P.O. Box 1468 Knoxville, TN. 37901-1468 Judge:BARKER First Paragraph: The appellant, Lemont E. Blair, appeals as of right the Knox County Criminal Court's revocation of his community corrections sentence. We affirm the judgment of the trial court pursuant to Rule 20 of the Tennessee Court of Criminal Appeals. URL:http://www.tba.org/tba_files/TCCA/blairleb_opn.WP6
STATE OF TENNESSEE
vs.
TED ALLEN GOUGE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DAVID F. BAUTISTA JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
ROBERT Y. OAKS MICHAEL J. FAHEY, II
Assistant Public Defender Assistant Attorney General
Main Courthouse 2nd Floor, Cordell Hull Building
Elizabethton, TN 37643 425 Fifth Avenue North
(At Trial) Nashville, TN 37243
GERALD L. GULLY DAVID E. CROCKETT
P.O. Box 1708 District Attorney General
Knoxville, TN 37901-1708
(On Appeal Only) KENNETH CARSON BALDWIN
Asst District Attorney General
900 East Elk Avenue
Elizabethton, TN 37643
Judge:WOODALL
First Paragraph:
The Defendant, Ted Allen Gouge, appeals as of right from the
sentencing order of the Criminal Court of Carter County. After being
charged in a nine (9) count indictment for the offenses of assault,
aggravated assault, evading arrest, aggravated burglary and
harassment, Defendant pled guilty in an agreement with the State to
three (3) counts of aggravated assault and one (1) count of evading
arrest. At the sentencing hearing Defendant requested full probation,
but the trial court sentenced Defendant to a five (5) year sentence,
with Defendant to serve one (1) year in prison followed by five (5)
years of probation. Defendant argues that the trial court erred by
sentencing the Defendant to serve a period of incarceration rather
than complete probation or another form of alternative sentencing. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/gougeta_opn.WP6
STATE OF TENNESSEE
vs.
HARVEY PHILLIP HESTER
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Leonard M. Caputo John Knox Walkup
312 Vine Street Attorney General and Reporter
Chattanooga, TN 37403 450 James Robertson Parkway
(on appeal and at trial) Nashville, TN 37243-0493
Leroy Phillips, Jr. Michael J. Fahey, II
312 Vine Street Assistant Attorney General
Chattanooga, TN 37403 425 Fifth Avenue, North
(at trial) Second Floor, Cordell Hull Building
Nashville, TN 37243-0488
Bates Bryan
Assistant District Attorney
600 Market Street
Courts Building
Chattanooga, TN 37402
Judge:WADE
First Paragraph:
The defendant, Harvey Phillip Hester, was convicted of two counts of
second degree murder and one count of attempted second degree murder.
The trial court imposed twenty-five-year terms for each murder
conviction and a twelve year term for the attempted second degree
murder conviction. Because the three sentences are to be served
consecutively, the effective sentence is sixty-two years.
URL:http://www.tba.org/tba_files/TCCA/hesterhp_opn.WP6
LAWRENCE ALLEN HODGE
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT:
LAWRENCE ALLEN HODGE #74811
Pro Se
BMSP P. O. Box 1000
Petros, TN 37845
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
MICHAEL J. FAHEY, II
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
RANDALL E. NICHOLS
District Attorney General
400 Main Street
P. O. Box 1468
Knoxville, TN 37901-1468
Judge:RILEY
First Paragraph:
Petitioner, Lawrence Allen Hodge, appeals the summary dismissal of his
petition for post-conviction relief by the Knox County Criminal Court.
The sole issue is whether the trial court erred in dismissing the
petition without a hearing based upon the statute of limitations.
After a careful review of the record, we affirm the judgment of the
trial court.
URL:http://www.tba.org/tba_files/TCCA/hodgela_opn.WP6
STATE OF TENNESSEE
vs.
AUGUSTA THOMAS ROBINSON
Court:TCCA
Attorneys:
FOR THE APPELLANT:
MARK E. STEPHENS
District Public Defender
PAULA R. VOSS
JAMIE NILAND
Assistant Public Defenders
1209 Euclid Avenue
Knoxville, TN 37921
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
TODD R. KELLEY
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
RANDALL E. NICHOLS
District Attorney General
MARSHA SELECMAN
Assistant District Attorney General
400 Main Avenue
P.O. Box 1468
Knoxville, TN 37901-1468
Judge:RILEY
First Paragraph:
The defendant, Augusta Thomas Robinson, appeals the order of the Knox
County Criminal Court revoking his probation. On appeal, he claims
(1) there was insufficient evidence to support the trial court's
ruling, and (2) he was denied the minimum level of due process
required in a probation revocation hearing. The judgment of the trial
court is affirmed.
URL:http://www.tba.org/tba_files/TCCA/robinson_opn.WP6
RODERICK L. WEDDINGTON
vs.
STATE OF TENNESSEE
Court:TCCA
Judge:RILEY
First Paragraph:
Appellant, Roderick L. Weddington, appeals the Hamilton County
Criminal Court's summary dismissal of his petition for post-conviction
relief. We affirm the dismissal pursuant to Rule 20, Tennessee Court
of Criminal Appeals.
URL:http://www.tba.org/tba_files/TCCA/weddinrl_opn.WP6
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