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TBALink Opinion-Flash
July 29, 1998 -- Volume #4 -- Number #110
What follows is the case style or name, first paragraph, author's name, and the names of the attorneys for the parties of each opinion released today from Tennessee's three appellate courts.
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- 13-New Opinons From TCCA
- 00-New Opinons From TSC
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Lucian T. Pera
Editor-in-Chief, TBALink
STATE OF TENNESSEE vs. TROY MCLEMORE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RAYMOND MACK GARNER JOHN KNOX WALKUP District Public Defender Attorney General & Reporter STACEY NORDQUIST CLINTON J. MORGAN Asst. District Public Defender Asst. Attorney General 419 High St. 425 Fifth Ave. N., 2d Floor Maryville, TN 37804 Nashville, TN 37243 GERALD L. GULLEY, JR. (appeal only) MICHAEL L. FLYNN Attorney at Law District Attorney General P.O. Box 1708 Knoxville, TN 37901-1708 EDWARD P. BAILEY, JR. Asst. District Attorney General 363 Court St. Maryville, TN 37804 Judge:WITT First Paragraph: The defendant, Troy McLemore, appeals the Blount County Circuit Court's revocation of his probationary sentence for the crimes of burglary and theft of property. He was convicted of those crimes in 1994 following his guilty pleas and received an effective two year sentence of confinement and probation. His sentence was extended by consent for an additional year when he failed to satisfy the financial obligations imposed with the original sentence. During this extended term, a violation summons issued charging the defendant with using drugs and failing to pay his court costs, restitution and probation fees. The trial court found that the defendant had violated the terms of his probationary sentence and ordered him to serve five months and six days in the county jail followed by six months of intensive probation with drug treatment. In this appeal, he contends (1) there is no substantial evidence to support the trial court's revocation of probation, and (2) the trial court erred in not allowing him to serve his sentence in intensive probation. Having reviewed the record and the parties' briefs, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/mclemore_opn.WP6
STATE OF TENNESSEE
vs.
ROY D. LEACH
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Virginia Lee Story John Knox Walkup
136 Fourth Avenue South Attorney General & Reporter
P.O. Box 1608
Franklin, TN. 37065 Karen M. Yacuzzo
Assistant Attorney General
425 Fifth Avenue North
2nd Floor, Cordell Hull Bldg.
Nashville, TN. 37243-0493
Joseph D. Baugh, Jr.
District Attorney General
Williamson County Cthse.
Suite G-6, P.O. Box 937
Franklin, TN. 37065-0937
Judge:BARKER
First Paragraph:
The appellant, Roy D. Leach, appeals as of right his conviction in the
Circuit Court of Williamson County. After a bench trial, the
appellant was convicted of driving under the influence of an
intoxicant and was sentenced to eleven (11) months and twenty nine
(29) days in the county jail. The trial court ordered the sentence to
be suspended for a term of probation upon the service of forty eight
(48) hours in jail. Additionally, the appellant's driver's license
was revoked for one (1) year and he was ordered to pay a three hundred
and fifty ($350) dollar fine.
URL:http://www.tba.org/tba_files/TCCA/leachrdl_opn.WP6
STATE OF TENNESSEE
vs.
FRED BRYAN LINGENFELTER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Guy T. Wilkinson John Knox Walkup
District Public Defender Attorney General & Reporter
W. Jeffery Fagan Elizabeth T. Ryan
Asst. District Attorney General Assistant Attorney General
117 North Forrest Avenue 425 Fifth Avenue North
P.O. Box 663 2d Floor, Cordell Hull Building
Camden, TN 38320 Nashville, TN 37243-0493
Robert "Gus" Radford
District Attorney General
111 Church Street
P.O. Box 686
Huntingdon, TN 38344-0686
Todd Rose
Asst. District Attorney General
Paris, TN 38242
Judge:SUMMERS
First Paragraph:
The appellant, Fred B. Lingenfelter, was convicted by a jury of three
counts of incest, one count of sexual battery, and one count of rape.
He was sentenced concurrently to three years for each count of incest,
one year for sexual battery, and ten years for rape. He appeals,
challenging the sufficiency of the evidence and the propriety of
certain evidentiary rulings. We affirm the judgment of the trial
court.
URL:http://www.tba.org/tba_files/TCCA/lingenfe_opn.WP6
STATE OF TENNESSEE
vs.
C. W. McCALEB
Court:TCCA
Attorneys:
FOR THE APPELLANT:
TERRY B. LARKIN
904 Hwy 48 South
Dickson, TN 37055-3912
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
DARYL J. BRAND
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
JOSEPH D. BAUGH, JR.
District Attorney General
RONALD L. DAVIS
Assistant District Attorney General
Williamson County Courthouse
Suite G-6
P.O. Box 937
Franklin, TN 37065-0937
Judge:RILEY
First Paragraph:
The defendant, C.W. McCaleb, was convicted by a Hickman County jury of
simple assault. The jury fined him $1. The trial court sentenced the
defendant to eleven (11) months and twenty-nine (29) days with the
sentence to be suspended after service of ninety (90) days in the
county jail. The defendant presents three (3) issues in this direct
appeal: (1) whether the evidence presented at trial was sufficient to
support the verdict; (2) whether the prosecuting attorney presented an
improper closing argument; and (3) whether the trial court properly
sentenced the defendant. The judgment of the trial court is AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/mccalebc_opn.WP6
STATE OF TENNESSEE
vs.
JAGATH N. PARACHURI
Court:TCCA
Attorneys:
FOR THE APPELLANT:
THOMAS L. WHITESIDE
172 Second Ave North
Suite 214
Nashville, TN 37201-1908
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
DEBORAH A. TULLIS
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
JOSEPH D. BAUGH, JR.
District Attorney General
Williamson County Courthouse
Suite G-6
P.O. Box 937
Franklin, TN 37065-0937
Judge:RILEY
First Paragraph:
The defendant, Jagath N. Parachuri, appeals the order of the
Williamson County Circuit Court revoking his probation. Since we
conclude the court improperly modified the original sentences, we
REVERSE AND REMAND the case to the Williamson County Circuit Court for
entry of proper judgments and any further proceedings consistent with
this opinion.
URL:http://www.tba.org/tba_files/TCCA/parachjn_opn.WP6
LYNN BRUCE PERSON
vs.
STATE OF TENNESSEE
Court:TCCA
First Paragraph:
This matter is before the Court upon the state's motion to affirm the
trial court judgment pursuant to Rule 20, Rules of the Court of
Criminal Appeals. The record and the petitioner's brief have been
filed in this case. The petitioner has also filed a response to the
state's motion.
URL:http://www.tba.org/tba_files/TCCA/perso-l1_ord.WP6
STATE OF TENNESSEE
vs.
MELISSA J. PEWITT
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
B. KEITH WILLIAMS JOHN KNOX WALKUP
TAYLOR, TAYLOR, Attorney General & Reporter
LANNOM & WILLIAMS
102 East Main Street ELLEN H. POLLACK
Lebanon, TN 37087 Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
TOM P. THOMPSON
District Attorney General
111 Cherry Street
Lebanon, TN 37087
Judge:WOODALL
First Paragraph:
The Defendant, Melissa J. Pewitt, appeals as of right from her
conviction in the Criminal Court of Wilson County. Following a jury
trial, she was convicted of especially aggravated burglary. In her
appeal, the Defendant presents the following issues: 1) Whether the
evidence was sufficient to sustain a guilty verdict on the charge of
especially aggravated burglary; 2) Whether the trial court erred in
allowing the admission of photographs of the victim's injuries which
unfairly prejudiced and inflamed the jury; 3) Whether the trial court
erred in allowing the jury to consider a charge of an incidental crime
in violation of the Defendant's due process rights; 4) Whether the
trial court erred in allowing the jury to consider the charge of
aggravated assault in addition to the charge of especially aggravated
burglary; and 5) Whether the trial court erred in not allowing the
jury foreman to announce the jury's verdict as to the aggravated
assault charge. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/pewittmj_opn.WP6
STATE OF TENNESSEE
vs.
ROGER MARTIN/LIBERTY BAIL BOND COMPANY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Michael J. Gatlin John Knox Walkup
Attorney at Law Attorney General & Reporter
P.O. Box 27331
Memphis, TN 38167-0331 Elizabeth T. Ryan
Assistant Attorney General
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
James J. Challen, III
Assistant District Attorney General
201 Poplar, Suite 301
Memphis, TN 38103
Judge:SUMMERS
First Paragraph:
Liberty Bail Bond Company ("Liberty") was the surety on a $750.00
appearance bond for Roger Martin in Bartlett City Court. Martin
failed to appear at a scheduled court date. Liberty Bail Bond filed a
petition for exoneration of surety in the Shelby County Criminal
Court. After a hearing, the court denied the motion. Liberty
appeals. The sole issue for our review is whether the trial court
abused its discretion in denying the petition. The judgment of the
trial court is affirmed.
URL:http://www.tba.org/tba_files/TCCA/martinro_opn.WP6
CARL LONDON
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Carl London, Pro Se John Knox Walkup
TDOC # 122534 Attorney General & Reporter
Lake County Regional
Correctional Facility Elizabeth B. Marney
Route 1, Box 330 Assistant Attorney General
Tiptonville, TN 38079 425 Fifth Avenue North
Nashville, TN 37243-0493
Victor S. Johnson, III
District Attorney General
Lila Statom
Dan Hamm
Assistant District Attorneys General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
Judge:SUMMERS
First Paragraph:
The appellant, Carl London, appeals the denial of post-conviction
relief. In January 1992, the appellant pled guilty to one count of
aggravated rape and received a twenty-three-year sentence in the
Tennessee Department of Correction. On January 17, 1997, the
appellant filed a pro se petition for post conviction relief, and on
February 5, 1997, the trial court dismissed the petition. The court
held that the petition was filed outside the statute of limitations,
and the appellant's challenge to his sentence calculation was not a
cognizable claim for post-conviction relief.
URL:http://www.tba.org/tba_files/TCCA/londonca_opn.WP6
MICHAEL LEWIS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Robert B. Gaia John Knox Walkup
Attorney at Law Attorney General & Reporter
100 North Main Bldg., Suite 3201
Memphis, TN 38103 Douglas D. Himes
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
Alanda Horne
Asst. District Attorney General
201 Poplar Avenue, Third Floor
Memphis, TN 38103
Judge:SUMMERS
First Paragraph:
In August 1994, the appellant, Michael Lewis, pled guilty to
aggravated robbery and theft of property less than $500. He was
sentenced to concurrent Range I sentences of eight years and one year,
respectively. In April 1996, the appellant filed a pro se motion for
post-conviction relief. Counsel was appointed. An amended petition
was filed alleging that the appellant's guilty pleas were
involuntarily entered due to ineffective assistance of counsel. After
a hearing, the Shelby County Criminal Court denied the petition. The
sole issue for our review is whether the evidence preponderates
against the findings of the trial court. We affirm the hearing court.
URL:http://www.tba.org/tba_files/TCCA/lewismic_opn.WP6
STATE OF TENNESSEE
vs.
DEBORAH JO ROVSEK
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
B. CAMPBELL SMOOT JOHN KNOX WALKUP
Public Defender Attorney General and Reporter
14th Judicial District
605 East Carroll Street CLINTON J. MORGAN
P.O. Box 260 Assistant Attorney General
Tullahoma, TN 37388 Cordell Hull Building, Second Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
C. MICHAEL LAYNE
District Attorney General
KENNETH J. SHELTON, JR.
Assistant District Attorney General
14th Judicial District
307 South Woodland
P.O. Box 147
Manchester, TN 37349
Judge:HAYES
First Paragraph:
The appellant, Deborah Jo Rovsek, appeals as of right from the trial
court's revocation of her probation sentence. She contends that the
trial court abused its discretion by revoking her probation and
ordering her to serve the entire sentence previously imposed. The
appellant contends that the trial court should have considered "a
period of shock incarceration followed by Community Corrections."
Based on our review of the briefs and of the entire record in this
cause, we conclude that this is an appropriate case for affirmance
under Rule 20, Tennessee Court of Criminal Appeals Rules.
URL:http://www.tba.org/tba_files/TCCA/rovsek_opn.WP6
STATE OF TENNESSEE
vs.
Y'VETTE VITINA VADEN
Court:TCCA
Attorneys:
FOR THE APPELLANT:
JOHN P. DRIVER
120 East Main Street
NationsBank Building, Third Floor
P.O. Box 1336
Murfreesboro, TN 37133-1336
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
DEBORAH A. TULLIS
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
WILLIAM C. WHITESELL, JR.
District Attorney General
303 Rutherford County Jud. Bldg.
Murfreesboro, TN 37130
Judge:RILEY
First Paragraph:
The defendant, Y'vette Vitina Vaden, appeals as of right her
convictions for first degree murder, aggravated assault, and reckless
endangerment. On appeal, she contends the trial court erred by (1)
admitting the taped statement of the victim identifying the defendant
as the person who shot him, and (2) admitting photographs of the
deceased victim. We find no error and AFFIRM the judgment of the
trial court.
URL:http://www.tba.org/tba_files/TCCA/vadenyv_opn.WP6
TWANDA D. WARD
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT:
GREGORY D. SMITH
(Appeal Only)
One Public Square, Suite 321
Clarksville, TN 37040
COLLIER W. GOODLET
(Hearing and Appeal)
Assistant Public Defender
109 South Second Street
Clarksville, TN 37040
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
JOHN WESLEY CARNEY, JR.
District Attorney General
ARTHUR F. BIEBER
Assistant District Attorney General
204 Franklin Street, Suite 200
Clarksville, TN 37040-3420
Judge:RILEY
First Paragraph:
The petitioner, Twanda D. Ward, appeals the dismissal of her petition
for post-conviction relief. The petitioner was convicted of the first
degree murder of her husband for which she was sentenced to life
imprisonment. She was also convicted of aggravated arson and given a
concurrent twenty (20) year sentence. The sole issue for our review
is whether trial counsel was ineffective for failing to present
evidence of "battered woman syndrome." The judgment of the trial
court is affirmed.
URL:http://www.tba.org/tba_files/TCCA/wardtd_opn.WP6
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