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TBALink Opinion-Flash
August 28, 1998 -- Volume #4 -- Number #127
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
IN RE: HONORABLE BILLY WAYNE WILLIAMS JUDGE, GENERAL SESSIONS COURT LAUDERDALE COUNTY, TENNESSEE Court:TSC Attorneys: For the Respondent: For the Court of Judiciary: J. Thomas Caldwell Jerry Scott Ripley, Tennessee Disciplinary Counsel Murfreesboro, Tennessee Judge:ANDERSON First Paragraph: This cause is before the Court upon Judge Billy Wayne Williams' appeal from the Court of the Judiciary's judgment recommending that he be removed from the office of General Sessions Court Judge of Lauderdale County. URL:http://www.tba.org/tba_files/TSC/williabw_opn.WP6
STATE OF TENNESSEE
VS.
BILLY ANGLIN and
STEVE ANGLIN
Court:TCCA
Attorneys:
FOR APPELLANT BILLY ANGLIN: FOR THE APPELLEE:
Larry D. Drolsum John Knox Walkup
Assistant Public Defender Attorney General & Reporter
407 C. Main Street
Franklin, TN 37065 Kimbra R. Spann
Counsel for the State
Virginia Lee Story Criminal Justice Division
P. O. Box 1608 450 James Robertson Parkway
Franklin, TN 37065 Nashville, TN 37243-0493
FOR APPELLANT STEVE ANGLIN:
J. Timothy Street
136 4th Avenue South
Franklin, TN 37064
Judge:SCOTT
First Paragraph:
The Appellants were convicted of murder in the first degree, attempted
murder in the first degree, aggravated assault and reckless
endangerment. Both were sentenced to life imprisonment for the
murder, twenty-five years in the state penitentiary for the attempted
murder, four years imprisonment for the aggravated assault and two
years imprisonment for the reckless endangerment. All of the
sentences except the murder sentence are to be served concurrently,
with both Appellants being designated Range I standard offenders. All
of the concurrent sentences are to be served consecutively to the
murder sentence, yielding an effective sentence of life imprisonment
plus twenty-five years.
URL:http://www.tba.org/tba_files/TCCA/anglinb_opn.WP6
ANDREW M. ARNOLD
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Gregory Smith John Knox Walkup
Attorney at Law Attorney General & Reporter
One Public Square
Suite 321 Timothy F. Behan
Clarksville, TN 37040 Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
John Wesley Carney, Jr.
District Attorney General
Arthur Bieber
Assistant District Attorney General
204 Franklin Street, Suite 200
Clarksville, TN 37040
Judge:SUMMERS
First Paragraph:
The appellant, Andrew M. Arnold, appeals the dismissal of his petition
for post-conviction relief. On August 21, 1995, the appellant pled
guilty to one count of aggravated sexual battery. He filed a petition
for post-conviction relief on March 25, 1997, and on May 12, 1997, the
trial court conducted a hearing on the petition. On October 27, 1997,
the trial court dismissed the petition, stating that the petition was
not timely filed.
URL:http://www.tba.org/tba_files/TCCA/arnoldam_opn.WP6
STATE OF TENNESSEE
VS.
JACK LAYNE BENSON
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Gregory D. Smith, Attorney John Knox Walkup
One Public Square, Ste. 321 Attorney General and Reporter
Clarksville, TN 37040
Deborah A. Tullis
Michael D. Randles Assistant Attorney General
Asst. Public Defender Cordell Hull Building, Second Floor
218 North Main 425 Fifth Avenue North
Shelbyville, TN 37160 Nashville, TN 37243
Donna Hargrove W. Michael McCown
Asst. Public Defender District Attorney General
Seventeenth Judicial District 215 E. College
105 South Main Street Fayetteville, TN 37334
P.O. Box 1119
Fayetteville, TN 37334 Robert G. Crigler
Asst. District Attorney General
Bedford County Courthouse
One Public Square, Suite 100
Shelbyville, TN 37160
Judge:WADE
First Paragraph:
The defendant, Jack Layne Benson, was convicted of first degree murder
in the perpetration of a robbery and especially aggravated robbery.
Tenn. Code Ann. S 39-13-202 and Tenn. Code Ann. S 39-13-403. The jury
imposed a life sentence for first degree murder. Tenn. Code Ann. S
39-13-204. The trial court imposed a Range I, consecutive sentence of
twenty-four years for especially aggravated robbery.
URL:http://www.tba.org/tba_files/TCCA/bensonjl_opn.WP6
STATE OF TENNESSEE
VS.
KARL SHIELDS
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Marian C. Fordyce, Attorney John Knox Walkup
Washington Square, Suite 500 Attorney General and Reporter
129 Second Avenue North
Nashville, TN 37201 Deborah A. Tullis
Assistant Attorney General
Cordell Hull Building, Second Floor
425 Fifth Avenue North
Nashville, TN 37243
William R. Reed
and Diane Lance
Assistant District Attorneys General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201
Judge:WADE
First Paragraph:
The defendant, Karl Shields, after being indicted on three counts of
rape of a child and two counts of aggravated sexual battery, entered a
negotiated plea of guilt to two counts of rape of a child. The trial
court imposed a fifteen-year sentence on each count and ordered the
sentences to be served consecutively.
URL:http://www.tba.org/tba_files/TCCA/shieldsk_opn.WP6
STATE OF TENNESSEE
VS.
UTHER CHRISTIAN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
John H. Henderson John Knox Walkup
District Public Defender Attorney General & Reporter
407 C Main Street
P.O. Box 68 Elizabeth B. Marney
Franklin, TN 37065-0068 Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Joseph D. Baugh
District Attorney General
John Barringer
Assistant District Attorney General
P.O. Box 937
Franklin, TN 37065-0937
Judge:SUMMERS
First Paragraph:
On January 3, 1997, the appellant, Uther Christian, pled guilty to
possession of cocaine over .5 grams with intent to sell or deliver,
which is a Class B felony. Following a sentencing hearing on June 27,
1997, the trial court fined the appellant $2,000 and sentenced him to
serve eight years in the Tennessee Department of Correction.
URL:http://www.tba.org/tba_files/TCCA/christia_opn.WP6
STATE OF TENNESSEE
VS.
ADRIAN WILKERSON and
STEVEN MURPHY
Court:TCCA
Attorneys:
For Appellant Wilkerson: For Appellee:
Mark F. Fishburn John Knox Walkup
100 Thompson Lane Attorney General & Reporter
Nashville, TN 37211
(at trial and on appeal) Karen M. Yacuzzo
Assistant Attorney General
For Appellant Murphy: 425 Fifth Avenue North
Cordell Hull Building, Second Floor
Jeffery A. DeVasher Nashville, TN 37243-0493
Assistant Public Defender
1202 Stahlman Building Nicholas D. Bailey
Nashville, TN 37201 and
(on appeal) Katrin Miller
Assistant District Attorneys General
David Baker Washington Square, Suite 500
Assistant Public Defender 222 Second Avenue North
and Nashville, TN 37201-1649
Karl F. Dean
Metropolitan Public Defender
1202 Stahlman Building
Nashville, TN 37201
(at trial)
Judge:WADE
First Paragraph:
The defendants, Adrian Wilkerson and Steven Murphy, were convicted of
especially aggravated robbery, first degree murder, and theft over
$1000.00. The defendants were sentenced to life imprisonment for
first degree murder. The trial court imposed Range I sentences of
twenty-five years for especially aggravated robbery and four years for
theft. All sentences are to be served consecutively, for an effective
sentence of life plus twenty-nine years.
URL:http://www.tba.org/tba_files/TCCA/wlkrsna_opn.WP6
STATE OF TENNESSEE
VS.
KALID I. ABDULAHI
Court:TCCA
Attorneys:
FOR THE APPELLANT:
HOWARD L. WAGERMAN
200 Jefferson, Suite 1313
Memphis, TN 38103
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
ELIZABETH T. RYAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
WILLIAM L. GIBBONS
District Attorney General
KENNETH R. ROACH
Assistant District Attorney General
201 Poplar Ave, Suite 301
Memphis, TN 38103-1947
Judge:RILEY
First Paragraph:
The defendant, Kalid I. Abdulahi, pursuant to a Tenn. R. App. P. 9
interlocutory appeal, challenges the District Attorney GeneralŐs
denial of pretrial diversion and subsequent denial of certiorari by
the trial court. The defendant was indicted for vehicular homicide as
a proximate result of conduct creating a substantial risk of death or
serious bodily injury, a Class C felony. He complains the prosecutor
abused his discretion in denying pretrial diversion. The judgment of
the trial court is affirmed.
URL:http://www.tba.org/tba_files/TCCA/abdulahi_opn.WP6
STATE OF TENNESSEE
VS.
WILLIAM PAUL BOGUS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
William K. Randolph John Knox Walkup
120 N. Mill Street, Suite 303 Attorney General & Reporter
P.O. Box 611
Dyersburg, TN 38025-0611 Clinton J. Morgan
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Judge:BYERS
First Paragraph:
The defendant, William Paul Bogus, appeals as of right pursuant to
Rule 3 of the Tennessee Rules of Appellate Procedure from the denial
of his petition for post conviction relief by the Dyer County Circuit
Court.
URL:http://www.tba.org/tba_files/TCCA/boguswi2_cca.WP6
STATE OF TENNESSEE
VS.
REGINALD L. EDMONDS
Court:TCCA
Attorneys:
FOR THE APPELLANT:
GUY T. WILKINSON
District Public Defender
VICKI S. SNYDER
Assistant Public Defender
117 N. Forrest Avenue
P.O. Box 663
Camden, TN 38320
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
G. ROBERT RADFORD
District Attorney General
VICTORIA DIBONAVENTURA
STEVEN L. GARRETT
Asst. District Attorneys General
111 Church Street
P.O. Box 686
Huntingdon, TN 38344-0686
Judge:RILEY
First Paragraph:
The defendant, Reginald L. Edmonds, was convicted by a Benton County
jury of two (2) counts of rape of a child, one (1) count of aggravated
sexual battery and one (1) count of especially aggravated sexual
exploitation of a minor. He was sentenced as a Range I offender to
concurrent terms of twenty (20) years for each rape count, twelve (12)
years for aggravated sexual battery and twelve (12) years for
especially aggravated sexual exploitation. On appeal, he presents the
following issues for our review: (1) whether the evidence was
sufficient to sustain the verdicts of guilt;
(2) whether the trial court erred in denying his motion to suppress
his statement given to law enforcement authorities; and
(3) whether the trial court erred in allowing the state to introduce a
statement by the victim as an excited utterance.
After a thorough review of the record before this Court, we find no
reversible error. Accordingly, the judgment of the trial court is
affirmed.
URL:http://www.tba.org/tba_files/TCCA/edmondrl_opn.WP6
DERRICK K. GARRIN
VS.
STATE OF TENNESSEE
Court:TCCA
Judge:RILEY
First Paragraph:
This is a post-conviction matter. The petitioner was originally
convicted by a jury of two (2) counts of felony murder and two (2)
counts of attempted second degree murder. He received an effective
sentence of life imprisonment plus twenty-one (21) years. This court
subsequently affirmed those convictions. State v. Derrick K. Garrin,
C.C.A. No. 02C01-9501-CR-00028, Shelby County (Tenn. Crim. App. filed
May 24, 1996, at Jackson).
URL:http://www.tba.org/tba_files/TCCA/garrind_opn.WP6
STATE OF TENNESSEE
VS.
CHARLES GOLDEN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
STEFFEN G. SCHREINER JOHN KNOX WALKUP
369 N. Main Attorney General and Reporter
Memphis, TN
PETER M. COUGHLAN
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
WILLIAM L. GIBBONS
District Attorney General
PHILLIP GERALD HARRIS
JERRY KITCHEN
Assistants District Attorneys General
Criminal Justice Complex, Suite 301
201 Poplar Street
Memphis, TN 38103
Judge:WELLES
First Paragraph:
The Defendant, Charles Golden, pursuant to Tennessee Rule of Appellate
Procedure 3(b), appeals as of right his conviction of first-degree
murder and sentence of life imprisonment without the possibility of
parole. Defendant asserts five claims of error: (1) that Defendant
could have been guilty of only second-degree murder because he lacked
the specific intent for first degree murder; (2) that the court should
have granted DefendantŐs requested jury instruction concerning his
mental condition; (3) that the court improperly instructed the jury
concerning reasonable doubt; (4) that the court improperly instructed
the jury concerning the unavailability of a defense of duress; and (5)
that the court improperly instructed the jury concerning when
Defendant would be eligible for release on parole if sentenced to life
imprisonment. Although we affirm the conviction, we remand for
resentencing due to the inaccuracy of the parole eligibility jury
instruction.
URL:http://www.tba.org/tba_files/TCCA/goldench_opn.WP6
STATE OF TENNESSEE
VS.
BURL JARRETT
Court:TCCA
Attorneys:
FOR THE APPELLANT:
DAVID CRICHTON
111 W. Market Street
P.O. Box 651
Bolivar, TN 38008-0651
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
GEORGIA BLYTHE FELNER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
ELIZABETH T. RICE
District Attorney General
JERRY W. NORWOOD
Assistant District Attorney General
Hardeman County Courthouse
Bolivar, TN 38008-2359
Judge:RILEY
First Paragraph:
The defendant, Burl Jarrett, pled guilty for judicial sentencing in
the Hardeman County Circuit Court to one (1) count of arson, a Class C
felony. The trial court sentenced him as a Range I offender to five
(5) years imprisonment. The court further ordered that defendantŐs
sentence run consecutively to a prior felony drug conviction. On
appeal, defendant contends the trial court erred in (1) imposing an
excessive sentence, and (2) ordering that his sentence run
consecutively to the prior drug conviction. After a thorough review
of the record before this Court, we find no reversible error.
Therefore, we affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/jarrettb_opn.WP6
STATE OF TENNESSEE
VS.
JOHN MALCOLM JOHNSON
Court:TCCA
Attorneys:
FOR THE APPELLANT:
GARY F. ANTRICAN
(At Trial and On Appeal)
District Public Defender
DAVID S. STOCKTON
(At Trial and On Appeal)
Assistant Public Defender
118 E. Market Street
P.O. Box 700
Somerville, TN 38068-0700
KEMPER B. DURAND
(Appeal Only)
One Commerce Square
Twenty-Ninth Floor
Memphis, TN 38103
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
MARVIN E. CLEMENTS, JR.
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
ELIZABETH T. RICE
District Attorney General
J. WALTER FREELAND, JR.
Assistant District Attorney General
302 E. Market Street
Somerville, TN 38068
Judge:RILEY
First Paragraph:
The defendant, John Malcolm Johnson, was convicted by a Tipton County
jury of one (1) count of rape of a child, and the trial court
sentenced him to fifteen (15) years. On appeal, defendant presents
the following issues for our review: (1) whether the trial court erred
in denying defendantŐs request for a continuance;
(2) whether the trial court erred in finding that the victim was
competent to testify;
(3) whether defendant was denied his right to a fair trial due to the
racial composition of the jury;
(4) whether the evidence was sufficient to support the juryŐs finding
of guilt;
(5) whether defendant was denied his constitutional rights to due
process of law and against double jeopardy; and
(6) whether the trial court erred in denying defendantŐs motion to
suppress his statement given to law enforcement authorities.
After a thorough review of the record, we find no reversible error.
Accordingly, the judgment of the trial court is affirmed.
URL:http://www.tba.org/tba_files/TCCA/johnsojm_opn.WP6
STATE OF TENNESSEE
VS.
JESSE LEONARD JOHNSON, III
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL L. AINLEY JOHN KNOX WALKUP
Ainley & Hoover Attorney General & Reporter
123 N. Poplar Street, Suite A
Paris, TN 38242 DOUGLAS D. HIMES
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
ROBERT ŇGUSÓ RADFORD
District Attorney General
24th Judicial District
P.O. Box 686
Huntington, TN 38344
Judge:WITT
First Paragraph:
The defendant, Jesse Leonard Johnson, III, appeals from the sentencing
determination of the Henry County Circuit Court. In that court, a
jury convicted the defendant of three counts of possession of
controlled substances with intent to manufacture, sell or deliver.
One count involved possession of marijuana, a Class E felony, and two
counts involved possession of cocaine, Class B felonies. After a
sentencing hearing, the trial court sentenced the defendant as a Range
I offender. The trial court imposed the minimum sentences of one year
on the marijuana charge and eight years on each of the cocaine charges
with all sentences to run concurrently. The trial court ordered split
confinement. It required the defendant to be incarcerated for one
year with the balance of the effective eight-year sentence to be
served on probation. The defendant received credit for his pre-trial
incarceration which, at the time of the sentencing hearing, was an
unspecified period of time in excess of 210 days. The trial court
also imposed the fines recommended by the jury: $3,000 on the
marijuana count, $50,000 on one cocaine count, and $10,000 on the
other cocaine count, for a total of $63,000 in fines.
In this appeal, the appellant challenges the sentences as being too
harsh and the sentences and fines as being disproportionate to the
plea-bargained sentences imposed upon a co-defendant. After review of
the case, we affirm the trial courtŐs judgment.
URL:http://www.tba.org/tba_files/TCCA/johnsonj_opn.WP6
STATE OF TENNESSEE
VS.
MACARTHUR MONIE
Court:TCCA
Attorneys:
FOR THE APPELLANT:
GARY F. ANTRICAN
District Public Defender
SHANA C. McCOY-JOHNSON
Asst. District Public Defender
118 E. Market
P.O. Box 700
Somerville, TN 38068-0700
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
GEORGIA BLYTHE FELNER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
ELIZABETH T. RICE
District Attorney General
302 Market Street
Somerville, TN 38068
Judge:RILEY
First Paragraph:
The defendant, Macarthur Monie, appeals his conviction by a Fayette
County jury of second degree murder. The defendant was sentenced as a
violent offender to twenty-three (23) years. On appeal, the defendant
contends the evidence presented at trial was insufficient to support a
verdict of guilty for second degree murder. Specifically, the
defendant contends that as he had a blood-alcohol content of 0.33%
shortly after his arrest, he was unable to form the requisite intent
for a ŇknowingÓ killing. The defendant also contends the trial
courtŐs sentence is excessive. The judgment of the trial court is
AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/moniem_opn.WP6
STATE OF TENNESSEE
VS.
PATRICIA MORRIS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
HARRIET S. THOMPSON JOHN KNOX WALKUP
101 W. Market Street Attorney General & Reporter
P.O. Box 331
Bolivar, TN 38008 GEORGIA BLYTHE FELNER
Assistant Attorney General
Cordell Hull Building, Second Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
JERRY NORWOOD
Assistant Dist. Attorney General
302 Market Street
Somerville, TN 38068
Judge:WITT
First Paragraph:
The defendant, Patricia Morris, appeals the Hardeman County Circuit
CourtŐs sentencing determinations in six counts of forgery. The
defendant pleaded guilty in counts (1), (2), and (3) of the indictment
to forgery involving sums less than $500 and in counts (4), (5), and
(6) to forgery involving sums between $1,000 and $10,000. The trial
court accepted the pleas on all counts on October 2, 1997, conducted
the sentencing hearing on the same date, and imposed the following
sentences:
Counts 1 - 3 Class E 2 years each, concurrent;
Counts 4 - 6 Class D 4 years each, concurrent.
The defendant was sentenced as a Range II multiple offender. The
effective two-year sentence for counts 1 - 3 runs consecutively to the
effective four-year sentence for counts 4 - 6, for an aggregate
effective sentence of six years; however, the trial court ordered
split confinement with respect to the two-year sentences. It
suspended the balance of the two-year sentences after the defendant
serves nine months in confinement. The four-year sentences were
totally probated. These sentences run consecutively to unexpired
sentences which were previously imposed in Hardin County. The trial
court ordered the payment of restitution in the amount of $3,637.00.
In this direct appeal, the defendant complains that full probation
should have been granted and that the sentences imposed were
excessive. After review of the record on appeal, including the briefs
of the parties, the transcript of the sentencing hearing, the
presentence report, and a report submitted by Corrections Management
Corporation, we affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/morrisp_opn.WP6
ANTHONY J. ROBINSON
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT:
BARBARA D. MACINTOSH
474 Perkins Extended, Suite 205
Memphis, TN 38117-3803
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
MARVIN E. CLEMENTS, JR.
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
WILLIAM L. GIBBONS
District Attorney General
C. ALANDA HORNE
Assistant District Attorney General
201 Poplar Ave, Suite 301
Memphis, TN 38103-1947
Judge:RILEY
First Paragraph:
The petitioner, Anthony J. Robinson, appeals the trial courtŐs denial
of his petition for post-conviction relief. Having been originally
convicted by a Shelby County jury of aggravated rape, he now contends
in his post-conviction petition that he was afforded ineffective
assistance of counsel at his trial. The judgment of the trial court
is AFFIRMED.
URL:http://www.tba.org/tba_files/TCCA/robinsoa_opn.WP6
STATE OF TENNESSEE
VS.
MARIO SCOTT
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
A.C. WHARTON JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
TONY N. BRAYTON PETER M. COUGHLAN
Assistant Public Defender Assistant Attorney General
Criminal Justice Center, Suite 201 2nd Floor, Cordell Hull Building
201 Poplar Avenue 425 Fifth Avenue North
Memphis, TN Ę38103 Nashville, TN Ę37243
JOHN W. PIEROTTI
District Attorney General
DANIEL S. BYER
Assistant District Attorney General
Criminal Justice Center, Suite 301
201 Poplar Avenue
Memphis, TN Ę38103
Judge:WOODALL
First Paragraph:
The Defendant, Mario Scott, appeals as of right his convictions of
aggravated assault and theft of property over the value of one
thousand dollars following a jury trial in the Shelby County Criminal
Court. The trial court sentenced Defendant as a Range I Standard
offender to four (4) years confinement on the theft conviction and six
(6) years confinement on each aggravated assault conviction. The
trial court ordered the two (2) aggravated assault convictions to be
served concurrently, but consecutive to the theft conviction, for an
effective sentence of ten (10) years. Defendant presents the
following two (2) issues on appeal: 1. Whether the evidence was
sufficient to convict Defendant of aggravated assault; and
2. Whether the trial court properly ordered DefendantŐs aggravated
assault convictions to be served consecutive to his theft
conviction.
We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/scottm_opn.WP6
VIKKI LYNN SPELLMAN
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT:
VIKKI LYNN SPELLMAN, Pro Se
# 81976
Special Needs Facility
7575 Cockrill Bend Industrial Road
Nashville, TN 37209-1057
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
ELIZABETH T. RICE
District Attorney General
302 Market Street
Somerville, TN 38068
Judge:RILEY
First Paragraph:
This case represents an appeal from the trial court's summary
dismissal of the appellant's petition for post-conviction relief based
upon the statute of limitations. Appellant contends her mental
incompetence tolled the statute of limitations. We reverse and remand
for a determination of appellant's alleged mental incompetence and its
effect upon the statute of limitations.
URL:http://www.tba.org/tba_files/TCCA/spellmvl_opn.WP6
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