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TBALink Opinion-Flash
August 24, 1998 -- Volume #4 -- Number #125
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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Lucian T. Pera
Editor-in-Chief, TBALink
SAMUEL L. ADAMS VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Samuel L. Adams, Pro Se John Knox Walkup T.C.I.P. Attorney General & Reporter Route 1 Only, TN 37140-9709 Timothy F. Behan Assistant Attorney General John H. Henderson 425 Fifth Avenue North District Public Defender Nashville, TN 37243-0493 Elaine B. Beeler Joseph D. Baugh, Jr. Asst District Public Defender District Attorney General P.O. Box 68 Franklin, TN 37065-0068 Ronald L. Davis Asst District Attorney General P.O. Box 937 Franklin, TN 37065-0937 Judge:SUMMERS First Paragraph: The appellant, Samuel Adams, filed a petition for habeas corpus relief in the Hickman County Circuit Court, alleging that his sentences had expired. After a hearing, the court dismissed the petition. The issue on appeal is whether the appellant's sentences have expired, entitling him to relief. URL:http://www.tba.org/tba_files/TCCA/adamssam_opn.WP6
STATE OF TENNESSEE
VS.
MITCHELL D. ASHLEY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Philip A. Condra John Knox Walkup
District Public Defender Attorney General & Reporter
204 Betsy Pack Drive 425 Fifth Avenue, North
Jasper, TN 37347 Nashville, TN 37243
Ellen H. Pollack
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 37243
James M. Taylor
District Attorney General
265 Third Avenue, Suite 300
Dayton, TN 37321
William B. Copeland
Assistant District Attorney General
Franklin County Courthouse
Winchester, TN 37398
Judge:LAFFERTY
First Paragraph:
The appellant, Mitchell D. Ashley (defendant), was convicted of theft
of property, a Class D felony, and possession of a controlled
substance, a Class A misdemeanor by a jury of his peers. The trial
court found the defendant a standard offender and imposed a Range I
sentence of four (4) years in the Department of Correction for the
theft conviction and eleven months and twenty-nine days in the county
jail for the drug charge. The defendant was also fined $2,500. The
trial court ordered that the two sentences run concurrently for an
effective sentence of four years.
URL:http://www.tba.org/tba_files/TCCA/ashleymd_opn.WP6
STATE OF TENNESSEE
VS.
TERRY JOE BREWER,
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JULIE A. MARTIN JOHN KNOX WALKUP
P.O. Box 426 Attorney General and Reporter
Knoxville, TN 37901-0426
TODD R. KELLEY
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
MIKE FLYNN
District Attorney General
PHILIP MORTON
Assistant District Attorney General
363 Court Street
Maryville, TN 37804
Judge:WELLES
First Paragraph:
The Defendant, Terry Joe Brewer, appeals as of right pursuant to Rule
3 of the Tennessee Rules of Appellate Procedure. He was convicted,
upon his pleas of guilty, of violating the Motor Vehicle Habitual
Offender's Act, driving while under the influence of an intoxicant,
Class E felony evading arrest, and unlawful possession of drug
paraphernalia. The agreed sentences for the two Class E felonies were
three years as a Multiple Range II offender. The agreed sentences for
the Class A misdemeanors were eleven months and twenty-nine days. All
sentences were to be served concurrently. The manner of service of
the sentences was left to the discretion of the trial judge. The
judge ordered that nine months of the felony sentences be served in
the county jail, with the balance to be served in the community
corrections program. The Defendant appeals from the trial judge's
order that nine months of the sentence be served in confinement. We
affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/brewertj_opn.WP6
TERRY L. CHARLTON
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Peter D. Heil John Knox Walkup
P.O. Box 40651 Attorney General and Reporter
Nashville, TN 37204
Daryl J. Brand
Assistant Attorney General
425 Fifth Avenue North
Cordell Hull Building, Second Floor
Nashville, TN 37243-0493
Judge:WADE
First Paragraph:
The petitioner, Terry L. Charlton, appeals the trial court's denial of
his application for post-conviction relief. In this appeal of right,
the petitioner claims that the trial court erred by entering an order
of summary dismissal without the appointment of counsel or the
opportunity to amend. We must reverse a portion of the judgment and
remand to the trial court for further proceedings consistent with this
opinion.
URL:http://www.tba.org/tba_files/TCCA/chrltntl_opn.WP6
STATE OF TENNESSEE
VS.
PHILLIP WAYNE DAVIS
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Natalee S. Hurley John Knox Walkup
Asst. District Public Defender Attorney General and Reporter
419 High Street
Maryville, TN 37804 Todd R. Kelley
(at trial) Assistant Attorney General
425 Fifth Avenue North
Julie A. Martin, Attorney Second Floor, Cordell Building
P.O. Box 426 Nashville, TN 37243-0493
Knoxville, TN 37901-0426
(on appeal) Philip Morton
Assistant District Attorney General
363 Court Street
Maryville, TN 37804
Judge:WADE
First Paragraph:
The defendant, Phillip Wayne Davis, entered guilty pleas to driving
under the influence, fourth offense, and driving on a revoked license,
second offense. The trial court imposed an eleven-month,
twenty-nine-day sentence, with a release eligibility date at seventy
percent, for driving under the influence and ordered a concurrent
sentence of eleven months and twenty-nine days, with a release
eligibility date of seventy percent, for driving on a revoked license.
The defendant was fined $1,600.00.
URL:http://www.tba.org/tba_files/TCCA/davispw_opn.WP6
STATE OF TENNESSEE
VS.
ANTONIO JOHNSON
Court:TCCA
Attorneys:
FOR THE APPELLANT FOR THE APPELLEE
Niles S. Nimmo John Knox Walkup
Realtors Bldg., Suite 200 Attorney General and Reporter
306 Gay St. 425 Fifth Avenue, North
Nashville, TN 37201 Nashville, TN 37243
Daryl J. Brand
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 378243
Derek K. Smith
Assistant District Attorney General
P. O. Box 937
Franklin, TN 37065-0937
Judge:LAFFERTY
First Paragraph:
Following a bench trial, the appellant, Antonio Jackson, was convicted
of the unlawful possession of cocaine, a Class A misdemeanor. The
trial court sentenced the defendant to serve sixty (60) days, day for
day, and pay a fine of $2,500. The trial court suspended the sixty
(60) day sentence and placed the defendant on supervised probation for
eleven (11) months and twenty-nine (29) days. Following a direct
appeal, this Court found that the trial court had abused its
discretion in sentencing the defendant and remanded the case for
resentencing pursuant to judicial diversion. State v. Antonio
Jackson, Williamson County, No. 01C01-9601 CC-00014 (Tenn. Crim. App.
Nashville, December 13, 1996). In resentencing the defendant, the
trial court imposed judicial diversion but retained the conditions of
probation from the original judgment.
URL:http://www.tba.org/tba_files/TCCA/johnsona_opn.WP6
JABARI ISSA MANDELA,
F/K/A JOHN HENRY WOODEN
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Jabari Issa Mandela, pro se John Knox Walkup
#96305 Attorney General & Reporter
CCA-SCCF, P.O. Box 279
Clifton, TN 38425-0279 Daryl J. Brand
(on appeal) Assistant Attorney General
Cordell Hull Building, Second Floor
Stan Allen 425 Fifth Avenue North
209 10th Avenue South Nashville, TN 37243-0493
Suite 511
Cummins Station Roger D. Moore
Nashville, TN 37203 Assistant District Attorney General
(at hearing) Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201-1649
Judge:WADE
First Paragraph:
The petitioner, Jabari Issa Mandela, appeals the trial court's denial
of post-conviction relief. He presents the following issues for our
review: (1) whether prosecutors withheld evidence in violation of
Brady v. Maryland and whether imposition of the statute of limitations
violates due process;
(2) whether the trial court erred by not providing the petitioner
with a full and fair hearing to present all claims regarding
reasonable doubt jury instructions and ineffective assistance of
counsel; and
(3) whether the trial court abused its discretion by not allowing
access to physical evidence for performance of new scientific testing.
We find no error and affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/mandlaji_opn.WP6
STATE OF TENNESSEE
VS.
GAIL PELL
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Mack Garner John Knox Walkup
District Public Defender Attorney General and Reporter
419 High Street
Maryville, TN 37804 Ellen H. Pollack
(at trial) Assistant Attorney General
425 Fifth Avenue North
Julie A. Martin, Attorney Nashville, TN 37243
P.O. Box 426
Knoxville, TN 37901-0426 Philip Morton
(on appeal) Assistant District Attorney General
363 Court Street
Maryville, TN 37804
Judge:WADE
First Paragraph:
The defendant, Gail Pell, was convicted of driving while under the
influence of an intoxicant, second offense, and driving on a revoked
license. The trial court imposed a sentence of eleven months and
twenty-nine days, suspending all but one hundred twenty days, for
driving under the influence and ordered a six-month concurrent
sentence, with all suspended except for two days, for driving on a
revoked license. The balance of each sentence was to be served on
supervised probation. Five months later, probation was revoked and
the defendant was ordered to serve her sentence in jail at
seventy-five percent.
URL:http://www.tba.org/tba_files/TCCA/pellg_opn.WP6
ELIZABETH SMITH
VS.
STATE OF TENNESSEE,
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ELIZABETH SMITH, PRO SE JOHN KNOX WALKUP
3881 Stewart Lane Attorney General and Reporter
Nashville, TN 37218-3302
LISA A. NAYLOR
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
W. MICHAEL McCOWN
District Attorney General
P.O. Box 878
Fayetteville, TN 37334
Judge:SMITH
First Paragraph:
Appellant Elizabeth Smith was convicted by a jury in the Lincoln
County Circuit Court on April 15, 1992 of the first degree murder of
her husband. She received a sentence of life imprisonment with the
Tennessee Department of Correction. This Court affirmed her
conviction and sentence. State v. Elizabeth Smith, C.C.A. No.
01C01-9211-CC-00362, Lincoln County (Tenn. Crim. App., Nashville,
March 2), perm. to appeal denied, (Tenn. 1995). On appeal, she
presents the following issue for our review: whether the trial court
erred in dismissing Appellant's petition for post-conviction relief on
the ground that it was barred by the statute of limitations.
URL:http://www.tba.org/tba_files/TCCA/smitheli_opn.WP6
STATE OF TENNESSEE
VS.
LARRY WATKINS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
G. Wayne Davis John Knox Walkup
Attorney at Law Attorney General & Reporter
Suite 2121, Parkway Towers
Nashville, TN 37219 Georgia Blythe Felner
Counsel for the State
Cordell Hull Building, Second Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
Tom P. Thompson, Jr.
District Attorney General
David Earl Durham
Assistant District Attorney General
111 Cherry Street
Lebanon, TN 37087
Judge:SUMMERS
First Paragraph:
On February 13, 1996, the appellant, Larry Watkins, was indicted for
second degree murder and conspiracy to commit second degree murder.
On April 4, 1997, he entered a best interest plea to criminal
responsibility for facilitation of second degree murder, which is a
Class B felony. Following a sentencing hearing on May 22, 1997, the
trial court sentenced the appellant to twelve years in the Tennessee
Department of Correction as a Range I, standard offender, although the
appellant qualified for sentencing as a Range II, multiple offender.
URL:http://www.tba.org/tba_files/TCCA/watkinsl_opn.WP6
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