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.
- 00-New Opinons From TSC
- 00-New Opinons From TSC-Rules
- 1-New Opinons From TSC-Workers Comp Panel
- 00-New Opinons From TCA
- 8-New Opinons From TCCA
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Lucian T. Pera
JAMES G. COOPER vs. ASARCO INCORPORATED Court:TSC - Workers Comp Panel Attorneys: For Appellant: For Appellee: Arthur G. Seymour Lynn Bergwerk Robert L. Kahn Memphis, Tennessee Knoxville, Tennessee Judge:Loser First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann. section 50-6-225(e)(3) for hearing and reporting of findings of fact and conclusions of law. The employer contends the award of permanent partial disability benefits based on seventy-five percent to the leg is excessive. As discussed below, the panel has concluded the award should be affirmed. URL:http://www.tba.org/tba_files/TSC_WCP/coopvasa_doc.WP6 STATE OF TENNESSEE vs. STEVE WAYDE BONNER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DANA L. SCOTT JOHN KNOX WALKUP Assistant Public Defender Attorney General and Reporter 18th Judicial District 117 East Main Street GEORGIA BLYTHE FELNER Gallatin, TN 37066 Assistant Attorney General Cordell Hull Building, Second Floor 425 Fifth Avenue North Nashville, TN 37243-0493 LAWRENCE RAY WHITLEY District Attorney General THOMAS B. DEAN Assistant District Attorney General 18th Judicial District 113 West Main Street Gallatin, TN 37066 Judge:SUMMERS First Paragraph: The appellant, Steve Wayde Bonner, appeals as of right from the trial court's revocation of his probation sentence. He contends that the trial court failed to exercise a conscientious and intelligent judgment in finding by a preponderance of the evidence that he violated the terms and conditions of probation. The appellant also contends that the trial court failed to give him credit for time served. 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/bonner_opn.WP6 STATE OF TENNESSEE vs. WAYNE COLEMAN BOONE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SHARA A. FLACY JOHN KNOX WALKUP Public Defender Attorney General and Reporter 22nd Judicial District 128 North Second Street GEORGIA BLYTHE FELNER P.O. Box 1208 Assistant Attorney General Pulaski, TN 38478 Cordell Hull Building, Second Floor 425 Fifth Avenue North Nashville, TN 37243-0493 T. MICHAEL BOTTOMS District Attorney General 22nd Judicial District P.O. Box 459 Lawrenceburg, TN 38464 Judge:SMITH First Paragraph: The appellant, Wayne Coleman Boone, pled guilty to one count of driving under the influence of an intoxicant (DUI), third offense, one count of simple possession of marijuana, and two counts of driving on a revoked license. After a sentencing hearing, the appellant received an effective sentence of six months in jail, followed by 11 months and 29 days on supervised probation. He was ordered to pay a fine of $1100 on the DUI conviction and a fine of $250 on the simple possession of marijuana conviction. The appellant was ordered to serve 120 days before he would be eligible for work release, and his driver's license was revoked for three years. In this appeal as of right, the appellant contends that his sentence is excessive. Specifically, the appellant contends that the trial court should have sentenced him to the statutory minimum of 120 days in jail, see T.C.A. S 55-10-403(a)(1), and that the trial court should have remitted the mandatory fines based on his indigency. The state, in a cross-appeal, contends that the trial court erred by failing to revoke the appellant's driving privileges. URL:http://www.tba.org/tba_files/TCCA/boone_opn.WP6 THOMAS BRADEN vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: W. RAY CULP 439 Battle Avenue Franklin, TN 37064 MICHAEL D. RANDLES Assistant District Public Defender P.O. Box 1119 Fayetteville, TN 37334 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 WILLIAM MICHAEL MCCOWN District Attorney General WEAKLEY E. BARNARD Assistant District Attorney General Marshall County Courthouse Room 407 Lewisburg, TN 37091 Judge:MOORE First Paragraph: The petitioner, Thomas Braden, appeals the dismissal of his petition for post-conviction relief. Petitioner was convicted of three (3) counts of aggravated rape and one (1) count of false imprisonment on July 26, 1993. On appeal, petitioner raises the issue of ineffective assistance of counsel as follows: 1. Failure of trial counsel to object to amendment of the original indictment. 2. Failure of trial counsel to secure a complete preliminary hearing transcript. 3. Failure of trial counsel to investigate the background of the victim. 4. Failure of trial counsel to obtain an independent serologist. 5. Failure to move to have the counts of the subsequent indictment merged. 6. Failure of trial counsel to prepare for the examination of witness, Jones. 7. Failure of trial counsel to properly voir dire jury. 8. Failure of trial counsel to inform petitioner of the effects of T.C.A. S 39-13-523. After a review of the post-conviction record on appeal, argument of counsel, and the applicable law, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/bradent_opn.WP6 STATE OF TENNESSEE vs. CRAIG A. HAZLETT Court:TCCA Attorneys: For Appellant: For Appellee: Curtis H. Gann John Knox Walkup Assistant Public Defender Attorney General and Reporter Seventeenth Judicial District 105 South Main Georgia Blythe Felner P.O. Box 1119 Counsel for the State Fayetteville, TN 37334 Cordell Hull Bldg., Second Floor (on appeal) 425 Fifth Avenue North Nashville, TN 37243-0493 Michael D. Randles Assistant Public Defender J. B. Cox 105 South Main and P.O. Box 1119 Weakley E. Barnard Fayetteville, TN 37334 Asst. District Attorneys General (on trial) Room 407, Marshall Co. Courthouse Lewisburg, TN 37091 Judge:WADE First Paragraph: The defendant, Craig A. Hazlett, was found guilty of one count of driving after being declared a Habitual Motor Vehicle Offender and one count of driving on a revoked license. The trial court imposed a Range II sentence of three years, four months in the Department of Correction. Fines totaled $350.00. The trial court merged the driving on a revoked license count into the greater offense. URL:http://www.tba.org/tba_files/TCCA/hazletca_opn.WP6 STATE OF TENNESSEE vs. SAMUEL L. LAMB, JR. Court:TCCA Attorneys: For the Appellant: For the Appellee: James Robin McKinney, Jr. John Knox Walkup Suite 103 Attorney General and Reporter 214 Second Avenue North Nashville, TN 37201 Karen M. Yacuzzo Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Nashville, TN 37243-0493 William Michael McCown District Attorney General Weakley E. Barnard Asst. District Attorney General Marshall County Courthouse Lewisburg, TN 37091 Judge:Hayes First Paragraph: The appellant, Samuel L. Lamb, Jr., appeals as of right the sentencing decision of the Marshall County Circuit Court. Pursuant to a plea agreement, the appellant pled guilty to three counts of theft of property and received an effective five year sentence. Following a sentencing hearing, the trial court ordered that the appellant serve 270 days of this sentence in the county jail with the balance of the sentence to be served in the community corrections program. In this appeal, the appellant contends that the trial court erred by denying full probation or placement in community corrections. After review, we affirm. URL:http://www.tba.org/tba_files/TCCA/lambsl_opn.WP6 STATE OF TENNESSEE vs. JEFFREY AARON PEWITT Court:TCCA Attorneys: For Appellant: For Appellee: Jeffery A. DeVasher John Knox Walkup Assistant Public Defender Attorney General & Reporter 1202 Stahlman Building Nashville, TN 37201 Daryl J. Brand (on appeal) Assistant Attorney General 425 Fifth Avenue North Jefferson Dorsey Cordell Hull Bldg., Second Floor Assistant Public Defender Nashville, TN 37243-0493 1202 Stahlman Building Nashville, TN 37201 Nicholas Bailey (at trial) Asst. District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201 Judge:WADE First Paragraph: The defendant, Jeffrey Aaron Pewitt, indicted on four counts of aggravated robbery, entered pleas of guilt to three counts of robbery, a Class C felony. See Tenn. Code Ann. S 39-13-401. The trial court classified the defendant as a Range II offender and imposed two concurrent nine-year sentences and a consecutive sentence of six years. This effective sentence of fifteen years is to be served consecutively to a previous sentence in which the defendant's release on community corrections had been revoked. URL:http://www.tba.org/tba_files/TCCA/pewittja_opn.WP6 STATE OF TENNESSEE vs. ANTONIOUS J. POOLE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARK L. PITTMAN JOHN KNOX WALKUP 295 Washington Avenue, #2 Attorney General & Reporter Memphis, TN 38103 ELIZABETH T. RYAN Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General JOHNNY R. McFARLAND Assistant District Attorney General Criminal Justice Center, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge:WOODALL First Paragraph: The Defendant, Antonious J. Poole, appeals as of right from his conviction in the Criminal Court of Shelby County. In a single count indictment, Defendant and co-defendant Gary Hunter were charged with aggravated robbery. Following a jury trial, Defendant was convicted of aggravated robbery and Hunter was convicted of theft of property over $1,000.00. In this appeal, Defendant presents the following issues: 1) Whether the evidence presented at trial was sufficient to support the conviction for aggravated robbery; 2) Whether the trial court's redaction of co-defendant Hunter's statement constituted reversible error and whether such redaction compelled the Defendant to testify in violation of his Fifth and Sixth Amendment rights; and 3) Whether the trial court's failure to sever the co-defendant from the trial constitutes reversible error; We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/pooleaj_opn.WP6 GREGORY TURNER vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: GREGORY TURNER, pro se #241929 Cold Creek Correctional Facility P.O. Box 1000 Henning, TN 38041-1000 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter PETER M. COUGHLAN Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 CLAYBURN L. PEEPLES District Attorney General 110 S. College Street Trenton, TN 38382 Judge:RILEY First Paragraph: The petitioner, Gregory Turner, appeals the Crockett County Circuit Court's dismissal of his petition for post-conviction relief. The petitioner contends his plea agreement in Crockett County designating concurrent sentencing with Haywood County was violated when the Haywood County trial court ran the sentences consecutive. The state concedes error and suggests that the petitioner be allowed to withdraw the guilty plea in Crockett County. We REMAND the case for further proceedings due to the lack of a complete record of the Haywood County proceedings. URL:http://www.tba.org/tba_files/TCCA/turnerg_opn.WP6
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