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
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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