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TBALink Opinion-Flash
August 7, 1998 -- Volume #4 -- Number #116
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.
- This Issue (IN THIS ORDER):
- 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
- 00-New Opinons From TSC
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Lucian T. Pera
Editor-in-Chief, TBALink
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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