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TBALink Opinion-Flash
AUGUST 19, 1998 -- Volume #4 -- Number #122
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 Court:s.
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Lucian T. Pera
Editor-in-Chief, TBALink
STATE OF TENNESSEE VS. ROBERT JOSEPH BACON Court::TCCA Attorneys: For the Appellant: For the Appellee: Terry L. Jordan John Knox Walkup Asst. Public Defender Attorney General and Reporter P. O. Box 839 Blountville, TN 37617 Clinton J. Morgan Assistant Attorney General Criminal Justice Division 450 James Robertson Parkway Stephen M. Wallace Nashville, TN 37243 0493 District Public Defender H. Greeley Wells, Jr. District Attorney General Teresa M. Smith Asst. District Attorney General P. O. Box 526 Blountville, TN 37617 Judge:Hayes First Paragraph: The appellant, Robert Joseph Bacon, seeks review of the Sullivan County Criminal Court:'s order revoking the appellant's previously imposed non incarcerative status following his conviction for rape. Specifically, he contends that the evidence at the revocation hearing failed to support the alleged violation by a preponderance of the evidence. URL:http://www.tba.org/tba_files/TCCA/baconrj_opn.WP6
BOBBY E. BAKER, JR.
VS.
STATE OF TENNESSEE
Court::TCCA
Attorneys:
For the Appellant: For the Appellee:
Bobby E. Baker, Pro Se John Knox Walkup
#13835-074 Attorney General and Reporter
P.O. Box 4000
Manchester, KY 40962
Sandy C. Patrick
Assistant Attorney General
Criminal Justice Division
450 James Robertson Parkway
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
City-County Building
Knoxville, TN 37902
Judge:Hayes
First Paragraph:
The appellant, Bobby E. Baker, Jr., appeals the Knox County Criminal
Court:'s summary dismissal of his pro se petition for post-conviction
relief. After review, we affirm.
URL:http://www.tba.org/tba_files/TCCA/bakerbe_opn.WP6
STATE OF TENNESSEE
VS.
BOBBY JOE BALL
Court::TCCA
Attorneys:
Judge:Tipton
First Paragraph:
I concur in the results and most of the reasoning presented in the
majority opinion. However, I hesitate to accept the proposition
implied in the opinion that the fact that property of only small value
is taken in robbery is of no mitigating consequence in sentencing.
URL:http://www.tba.org/tba_files/TCCA/ballbj_con.WP6
STATE OF TENNESSEE
VS.
BOBBY JOE BALL
Court::TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GREG EICHELMAN JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
ETHEL P. LAWS CLINTON J. MORGAN
Asst. Public Defender Counsel for the State
1609 College Park Dr., Box 11 John Sevier Bldg.
Morristown, TN 37813 425 Fifth Ave., North
Nashville, TN 37243 0493
C. BERKELEY BELL
District Attorney General
CECIL C. MILLS
Asst. District Attorney General
109 S. Main St.
Greeneville, TN 37743
Judge:PEAY
First Paragraph:
The defendant was indicted on robbery. Following a jury trial, the
defendant was found guilty and sentenced as a Range II multiple
offender to ten years imprisonment in the Department of Correction.
The defendant now appeals as of right, arguing that the evidence is
insufficient to support his conviction and that the sentence imposed
is excessive. Based on our review of the record, we do not agree.
URL:http://www.tba.org/tba_files/TCCA/ballbj_opn.WP6
MICKEY A. BROWN
VS.
STATE OF TENNESSEE
Court::TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICKEY A. BROWN, PRO SE JOHN KNOX WALKUP
130138 NECX Attorney General and Reporter
P.O. Box 5000
Mountain City, TN 37683 SANDY C. PATRICK
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
DAVID E. CROCKETT
District Attorney General
Route 19, Box 99
Johnson City, TN 37601
Judge:WELLES
First Paragraph:
The Defendant, Mickey A. Brown, appeals as of right from the dismissal
of his petition for habeas corpus relief. The Defendant is an inmate
in the custody of the Department of Correction. According to his
petition, on July 26, 1985, he pleaded guilty to and was convicted of
one count of assault with intent to commit murder in the first degree
and was sentenced to a prison term of twenty (20) years. In this pro
se appeal, Defendant contends that his conviction is void because the
indictment was fatally defective due to the fact that the district
attorney general failed to sign the indictment. The trial Court:
summarily dismissed the habeas corpus petition, finding that it failed
to state a claim upon which relief can be granted. We affirm the
judgment of the trial Court:.
URL:http://www.tba.org/tba_files/TCCA/brownma_opn.WP6
FREDRICK L. BROWN
VS.
STATE OF TENNESSEE,
Court::TCCA
Attorneys:
For the Appellant: For the Appellee:
Ardena J. Garth John Knox Walkup
District Public Defender Attorney General and Reporter
Donna Robinson Miller Todd R. Kelley
Asst. District Public Defender Assistant Attorney General
Suite 300 - 701 Cherry Street Criminal Justice Division
Chattanooga, TN 37402 450 James Robertson Parkway
Nashville, TN 37243-0493
William H. Cox III
District Attorney General
Bates Bryan
Asst. District Attorney General
600 Market Street, Suite 300
Court:s Building
Chattanooga, TN 37402
Judge:Hayes
First Paragraph:
The appellant, Fredrick L. Brown, Jr., appeals the post-conviction
Court:'s denial of his petition for post-conviction relief. On April
23, 1993, pursuant to a plea agreement, the appellant pled guilty to
two counts of first degree murder and, in accordance with the State's
recommendation, received two concurrent sentences of life
imprisonment. A charge of aggravated robbery was dismissed. On
appeal, the appellant argues that ineffective assistance of counsel
caused him to enter uninformed and involuntary guilty pleas. After
review, we affirm.
URL:http://www.tba.org/tba_files/TCCA/brownfl_opn.WP6
STATE OF TENNESSEE
VS.
RAMONA DAVIDSON
Court::TCCA
Attorneys:
For Appellant: For Appellee:
Jeffrey S. Burton John Knox Walkup
Assistant Public Defender Attorney General and Reporter
201 West Main Street
Suite 101, Court: Square Building Deborah A. Tullis
Murfreesboro, TN 37130 Assistant Attorney General
Cordell Hull Building, Second Floor
425 Fifth Avenue North
Nashville, TN 37243
William C. Whitesell
District Attorney General
Dale Robinson
Asst. District Attorney General
Third Floor, Judicial Building
Murfreesboro, TN 37130
Judge:WADE
First Paragraph:
The defendant, Ramona Davidson, was indicted on eight counts of sale
of cocaine and three counts of child neglect. Pursuant to a
negotiated plea agreement, the defendant entered pleas of guilt to
three counts of cocaine sales and one count of neglect of a child.
The trial Court: imposed Range I sentences of six, three, and three
years for the cocaine sales and eleven months and twenty nine days for
neglect of a child. Probation was denied and the six-year sentence
was ordered to be served consecutively to the concurrent three-year
sentences, for an effective sentence of nine years. The defendant was
fined $4,000.00. In this appeal of right, the defendant complains
that the trial Court: erred by ordering consecutive sentences.
Furthermore, she asserts that the trial Court: should have granted
probation. We affirm the judgment of the trial Court:.
URL:http://www.tba.org/tba_files/TCCA/Davdsonr_opn.WP6
GARY DEWAYNE DONALD
VS.
STATE OF TENNESSEE
Court::TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GARY DEWAYNE DONALD JOHN KNOX WALKUP
Pro Se Attorney General and Reporter
TDOC #221716
Lake Co. Reg. Corr. Facility TIMOTHY F. BEHAN
Tiptonville, TN 38079 Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
VICTOR S. JOHNSON
District Attorney General
Washington Square Building
2nd Avenue North
Nashville, TN 37201
Judge:SMITH
First Paragraph:
On May 4, 1993, Appellant Gary Dewayne Donald pleaded guilty in the
Davidson County Criminal Court: to second degree murder. He waived the
sentencing range pursuant to State v. Mahler, 735 S.W.2d 226 (Tenn.
1987). Appellant was sentenced as a Range I standard offender to
fifty years incarceration with the Tennessee Department of Correction.
On appeal, he presents the following issue for our review: whether
the trial Court: erred in dismissing Appellant's petition for the writ
of habeas corpus or post-conviction relief. After a review of the
record, we affirm the judgment of the trial Court: pursuant to Court: of
Criminal Appeals Rule 20.
URL:http://www.tba.org/tba_files/TCCA/Donaldga_opn.WP6
STATE OF TENNESSEE
VS.
SIDNEY EWING
Court::TCCA
Attorneys:
Judge:PER CURIAM
First Paragraph:
This matter is before the Court: upon the appellant's pro se letter
indicating that he wishes to continue his appeal. On June 19, 1998,
this Court: released its opinion affirming the appellant's convictions.
The appellant is represented by John B. Blair, III, who is
temporarily suspended from the practice of law. It appears that
counsel did not notify the appellant that an opinion had been released
or that an application for permission to appeal to the Supreme Court:
must be filed within 60 days. See T.R.A.P. 11.
URL:http://www.tba.org/tba_files/TCCA/ewings4_ord.WP6
LAMAR FLETCHER
VS.
ALTON HESSON, Warden
Court::TCCA
Attorneys:
Judge:Byers
First Paragraph:
Came the appellant, Lamar Fletcher, pro se, and also came the Attorney
General on behalf of the State, and this cause was heard on the record
on appeal from the Circuit Court: of Lauderdale County and, upon
consideration thereof, this Court: is of the opinion that there is no
reversible error in the judgment of the trial Court:.
URL:http://www.tba.org/tba_files/TCCA/fletcher_jdg.WP6
STATE OF TENNESSEE
VS.
DONNIE WAYNE FOULKS
Court::TCCA
Attorneys:
For the Appellant: For the Appellee:
Richard W. Pectol John Knox Walkup
and Attorney General of Tennessee
Jeffrey P. Miles and
202 East Unaka Avenue Michael J. Fahey, II
Johnson City, TN 37601 Assistant Attorney General of Tennessee
425 Fifth Avenue North
Nashville, TN 37243-0493
C. Berkeley Bell
District Attorney General
and
Cecil C. Mills, Jr.
Assistant District Attorney General
109 South Main Street
Greeneville, TN 37743
Judge:Tipton
First Paragraph:
The defendant, Donnie Wayne Foulks, appeals as of right from his jury
conviction in the Greene County Criminal Court: for second degree
murder. The trial Court: sentenced the defendant as a Range I,
standard offender to twenty-five years in the custody of the
Department of Correction. It also imposed a fine of five thousand
dollars. The defendant contends that the trial Court: erred by
applying certain enhancement factors and by failing to consider and
apply mitigating factors. We affirm the judgment of conviction.
URL:http://www.tba.org/tba_files/TCCA/foulksdw_opn.WP6
STATE OF TENNESSEE
VS.
RICKY FULLER
Court::TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Charles E. Waldman John Knox Walkup
147 Jefferson, Suite 1102 Attorney General & Reporter
Memphis, TN 38103
Douglas D. Himes
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Judge:BYERS
First Paragraph:
The defendant entered pleas of guilty to possession of cocaine and was
sentenced to serve 45 days and pay a fine of $500.00; possession of
marijuana and was sentenced to serve 45 days and pay a fine of
$500.00; violation of the habitual motor vehicle offender act and was
sentenced to serve one year and pay a fine of $500.00. The two drug
sentences were ordered to be served concurrently and the habitual
motor vehicle offender conviction was ordered to be served consecutive
thereto. The defendant asks that he be placed on intensive probation
which the trial Court: denied.
URL:http://www.tba.org/tba_files/TCCA/fullerri_cca.WP6
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