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.
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 00-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA
- 12-New Opinons From TCCA
There are three ways to get the full opinion from the Web: (TBALink members only)
TBALink Chief Editor
MOHAMED F. ALI VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Mohamed F. Ali, pro se John Knox Walkup N.E.C.C. 226333 Attorney General & Reporter P.O. Box 5000 Mountain City, TN. 37683 Michael J. Fahey, II Assistant Attorney General 2nd Fl., Cordell Hull Bldg 425 Fifth Avenue North Nashville, TN. 37243 David E. Crockett District Attorney General Route 19, Box 99 Johnson City, TN. 37601 Judge:BARKER First Paragraph: The appellant, Mohamed F. Ali, appeals the Johnson County Criminal Court's dismissal of his pro se petition for a writ of habeas corpus. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/alimfa_opn.WP6 STATE OF TENNESSEE vs. BRUCE COLE Court:TCCA Attorneys: For the Appellant: For the Appellee: Joyce Diane Stoots John Knox Walkup Asst. Public Defender Attorney General and Reporter 107 South Court Square Trenton, TN 38382 Peter M. Coughlan Assistant Attorney General Tom W. Crider Criminal Justice Division District Public Defender 450 James Robertson Parkway Nashville, TN 37243-0493 Clayburn L. Peeples District Attorney General Larry Hardister Asst. District Attorney General 110 College Street, Suite 200 Trenton, TN 38382 Judge:Hayes First Paragraph: The appellant, Bruce Cole, appeals the sentences imposed by the Humboldt Law Court following revocation of his five Community Corrections sentences. The appellant's placement in the Community Corrections program stemmed from his guilty pleas to five class B felony sales of cocaine resulting in five concurrent ten year sentences. Following revocation of these offenses, the trial court enhanced each of the ten year sentences to twelve years and ordered one twelve year sentence to be served consecutive to the remaining sentences for an effective sentence of twenty-four years. The appellant perfected an appeal to this court arguing that imposition of the twenty-four year sentence was improper. This court remanded the case to the trial court for resentencing because the court had not placed its findings on the record. See State v. Cole, No. 02C01-9510-CC-00290 (Tenn. Crim. App. at Jackson, Dec. 12, 1996). On February 17, 1997, a resentencing hearing was held, at which time, the trial court reimposed the effective twenty-four year Department of Correction sentence. In this appeal, the appellant contends that the record is "de void of evidence justifying an enhancement or consecutive sentences." URL:http://www.tba.org/tba_files/TCCA/coleb_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/colebD_dis.WP6 STATE OF TENNESSEE vs. STEVEN LEE EDMONDS Court:TCCA Attorneys: FOR THE APPELLANT FOR THE APPELLEE Gregory D. Smith John Knox Walkup Attorney at Law Attorney General and Reporter One Pubic Square 425 Fifth Avenue, North Clarksville, TN 37040 Nashville, TN 37243 Janis L. Turner Assistant Attorney General 425 Fifth Avenue, North Nashville, TN 378243 John Carney District Attorney General 204 Franklin St., Suite 200 Clarksville, TN 37040 Arthur Bieber Asst District Attorney General 204 Franklin St., Suite 200 Clarksville, TN 37040 Judge:LAFFERTY First Paragraph: This is an appeal as of right from the Montgomery Circuit Court wherein it is alleged the trial court erred in not permitting the defendant to set aside his guilty plea. The defendant had entered nine guilty pleas to various misdemeanors and felonies and to an admission of violation of probation in an unrelated offense. The trial court set a sentencing hearing and in the interim the defendant filed a pro se motion to set aside his guilty pleas. After an evidentiary hearing to determine the merits of the motion, the trial court denied the motion and imposed sentences in compliance with agreed pleas. After a review of this issue and the entire record in this cause, the trial court's judgment is affirmed. URL:http://www.tba.org/tba_files/TCCA/edmondss_opn.WP6 TIMOTHY JOHN HICKMAN vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM A. LANE JOHN KNOX WALKUP 3236 Dilton Mankin Road Attorney General and Reporter Murfreesboro, TN 37127 TIMOTHY F. BEHAN Assistant Attorney General Cordell Hull Building, Second Fl 425 Fifth Avenue North Nashville, TN 37243-0493 VICTOR S. JOHNSON III District Attorney General ROGER D. MOORE Asst District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge:RILEY First Paragraph: The petitioner, Timothy John Hickman, appeals the trial court's denial of his petition for post-conviction relief. In this appeal of right, the petitioner contends that his guilty plea was neither knowingly nor voluntarily made due to the ineffective assistance of his attorney. Based on our review, we affirm the judgment. URL:http://www.tba.org/tba_files/TCCA/hickman_opn.WP6 STATE OF TENNESSEE vs. JUAN E. McADAMS Court:TCCA Attorneys: FOR THE APPELLANT: 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 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 FOR THE APPELLEE: RICHARD McGEE 601 Woodland Street Nashville, TN 37206 Judge:SMITH First Paragraph: The State of Tennessee appeals the ruling of the trial court granting the defendant's motion to suppress cocaine discovered during a search of his motor vehicle. The defendant was initially stopped for a traffic violation. Since he does not contest the validity of that initial stop, the sole issue presented for appeal is whether the search of the vehicle violated the defendant's constitutional rights. We find that it did not; therefore, we reverse and remand the case to the trial court for further proceedings consistent with this opinion. URL:http://www.tba.org/tba_files/TCCA/mcadamsj_opn.WP6 STATE OF TENNESSEE vs. STEWART W. PAIT Court:TCCA Attorneys: FOR THE APPELLEE FOR THE APPELLANT CROSS-APPELLANT: CROSS-APPELLEE: STEWART W. PAIT, pro se JOHN KNOX WALKUP #135240, S.T.S.R.C.F., Unit 12 Attorney General & Reporter Route 4, Box 600 Pikeville, TN 37367 TIMOTHY F. BEHAN Assistant Attorney General 2nd Fl., Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 ALFRED C. SCHMUTZER, JR. District Attorney General STEVEN E. HAWKINS Asst District Attorney General 125 Court Avenue, Room 301-E Sevierville, TN 37862 Judge:WOODALL First Paragraph: The case before this Court is a consolidation of two appeals. The first is the State's extraordinary appeal filed pursuant to Rule 10 of the Tennessee Rules of Appellate Procedure, seeking review of the trial court's attempt to set aside its previous order denying post-conviction relief to Petitioner, Stewart W. Pait, and its attempt to grant Petitioner a new sentencing hearing. The second is Petitioner's appeal of the trial court's original dismissal of his petition for post-conviction relief. In this appeal, the State argues that the trial court was without jurisdiction when it set aside its prior order of dismissal of Petitioner's post-conviction petition. The State further submits that the trial court erred in its order allowing a new sentence for Petitioner. Finally, the State argues that the trial court correctly denied Petitioner's petition for post-conviction relief in its first order. We find that the trial court was without jurisdiction to set aside its initial judgment and that Petitioner's petition for post-conviction relief was properly dismissed. URL:http://www.tba.org/tba_files/TCCA/paitsw_opn.WP6 STATE OF TENNESSEE vs. JOE W. RUTHERFORD Court:TCCA Attorneys: FOR THE APPELLANT: ROBERT CHAD NEWTON (At Trial) 800 Anderson Street Kingsport, TN 37617 RAYMOND C. CONKIN, JR. (On Appeal) 320 Cherokee Street, Suite B Kingsport, TN 37660 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 H. GREELEY WELLS, JR. District Attorney General JOSEPH EUGENE PERRIN Assistant District Attorney General P.O. Box 526 Blountville, TN 37617-0526 Judge:RILEY First Paragraph: The defendant, Joe W. Rutherford, was convicted after a bench trial of public intoxication, a Class C misdemeanor; resisting arrest, a Class B misdemeanor; and interfering with an arrest, a Class B misdemeanor. On appeal, defendant challenges the sufficiency of the convicting evidence for each of his convictions. After a thorough review of the record before this Court, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/rutherjw_opn.WP6 STATE OF TENNESSEE vs. CALVIN LEE SNEED, a/k/a MOONEY SNEED Court:TCCA Attorneys: For the Appellant: For the Appellee: Philip A. Condra John Knox Walkup District Public Defender Attorney General and Reporter 204 Betsy Pack Drive Jasper, TN 37347 Peter M. Coughlan Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 James Michael Taylor District Attorney General 265 Third Avenue, Suite 300 Dayton, TN 37321 James W. Pope, III Assistant District Attorney Judge:Barker First Paragraph: The appellant, Calvin Lee Sneed, appeals as of right from his conviction of first degree murder in the Rhea County Criminal Court. After a jury trial, appellant was convicted of first degree murder and was sentenced to life imprisonment. URL:http://www.tba.org/tba_files/TCCA/sneedcl_opn.WP6 STATE OF TENNESSEE vs. CYNTHIA G. STARKS Court:TCCA Attorneys: FOR THE APPELLANT: BILL ANDERSON, JR. 138 North Third Street Memphis, TN 38103-2007 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 JOHN W. PIEROTTI District Attorney General JAMES J. CHALLEN, III Assistant District Attorney General 201 Poplar Avenue, Suite 301 Memphis, TN 38103-1947 Judge:RILEY First Paragraph: The defendant, Cynthia G. Starks, pled guilty to the offense of theft over $10,000, a Class C felony. The defendant agreed to a sentence of three (3) years as a Range I offender and a fine of $500. The trial court denied the defendant's petition for total probation and refused to grant her judicial diversion. The trial court ordered an alternative sentence of split confinement requiring the defendant to serve weekends at the Shelby County Correctional Center for six (6) months followed by three (3) years probation. In this Court, the defendant presents the following issue for our review: "[w]hether the trial Court erred in ordering a split confinement type of sentence in this matter, and, in light of the Court's determination, whether the type sentence imposed on the Defendant was too severe as a matter of law." After a thorough review of the record, the briefs submitted by the parties, and the law governing the issues presented for review, it is the opinion of this Court that the judgment of the trial court should be affirmed. URL:http://www.tba.org/tba_files/TCCA/starkscg_opn.WP6 STATE OF TENNESSEE vs. WILLIE J. WADE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: HAROLD D. ARCHIBALD JOHN KNOX WALKUP Falls Building, Suite 790 Attorney General & Reporter 22 North Front Street Memphis, TN 38103 ELIZABETH T. RYAN Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 ELIZABETH T. RICE District Attorney General 302 Market Street Somerville, TN 38068 Judge:WOODALL First Paragraph: The Defendant, Willie Wade, appeals as of right his conviction of possession of cocaine with the intent to deliver following a jury trial in the Fayette County Criminal Court. The trial court sentenced Defendant as a Range I Standard Offender to twelve (12) years in the Department of Correction and fined him a total of $20,000. In this appeal, Defendant argues that the evidence was insufficient to sustain a guilty verdict beyond a reasonable doubt. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/wadewj_opn.WP6 STEPHEN MICHAEL WEST vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Roger W. Dickson John Knox Walkup Leah M. Gerbitz Attorney General & Reporter Miller & Martin 1000 Volunteer Building Michael E. Moore 832 Georgia Avenue Solicitor General Chattanooga, TN 37402 Glenn R. Pruden John T. Milburn Rogers John P. Cauley Rogers, Laughlin, Nunnally, Assistant Attorneys General Hood & Crum 425 Fifth Avenue North 100 South Main Street Nashville, TN 37243-0493 Greeneville, TN 37743 William Paul Phillips District Attorney General Clifton H. Sexton Asst District Attorney General P.O. Box 10 Huntsville, TN 37756-0010 Judge:SUMMERS First Paragraph: The petitioner was convicted of two counts of first degree premeditated murder, one count of aggravated rape, and two counts of aggravated kidnapping. He was sentenced to death. His convictions and sentences were affirmed by the Tennessee Supreme Court. State v. West, 767 S.W.2d 387 (Tenn. 1989). These brutal murders were committed by the petitioner and another individual, Ronnie Martin, whose case was severed. At the petitioner's trial, his defense was that he was forced by Martin to engage in the crimes and could not get away from Martin although the appellant was bigger and taller than Martin and was Martin's supervisor at a fast-food restaurant. The motive of the crimes was sex and money. The petitioner gave varying accounts of what had happened and blamed Martin for the crimes. The petitioner was represented at trial by two lawyers, Mr. McConnell and Mr. McAlexander. URL:http://www.tba.org/tba_files/TCCA/weststep_opn.WP6
Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
Would you like to receive the TBALink Opinion-Flash each day via e-mail?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
Non TBA members are WELCOME to subscribe...it's free!!
Would you like to STOP receiving the TBALink Opinion-Flash?
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank