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
STATE OF TENNESSEE VS. JAMES A. BROWN Court:TCCA Attorneys: For the Appellant: For the Appellee: Charles M. Corn John Knox Walkup District Public Defender Attorney General of Tennessee 110 _ Washington Avenue and Athens, TN 37303 Clinton J. Morgan Asst Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 Jerry N. Estes District Attorney General and Amy Reedy Asst District Attorney General P.O. Box 647 Athens, TN 37303 Judge:Tipton First Paragraph: The defendant, James A. Brown, appeals as of right from his convictions following a bench trial of three counts of the sale of less than one-half gram of cocaine. The defendant, a Range II, multiple offender, was sentenced to six years for each offense, to be served concurrently in the custody of the Department of Correction. On appeal, the defendant contends that the evidence is insufficient to support his convictions. We affirm the judgments of conviction. URL:http://www.tba.org/tba_files/TCCA/brownja_opn.WP6 STATE OF TENNESSEE VS. RUSSELL A. BURRIS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT T. VAUGHN JOHN KNOX WALKUP -and- Attorney General & Reporter JERRED A. CRESSY 176 Second Ave., North ELIZABETH B. MARNEY Suite 500 Asst. Attorney General Nashville, TN 37201 John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243-0493 RANDALL E. NICHOLS District Attorney General ROBERT L. JOLLEY, JR. Asst. District Attorney General City-County Bldg. Knoxville, TN 37902 Judge:PEAY First Paragraph: This is the second appeal in this case. The defendant contends that the trial court erred in sentencing him to a term of confinement rather than probation. The defendant also contends that the trial court erred in ordering him to pay restitution in conjunction with a sentence of confinement. We affirm the defendant's sentence of confinement, but reverse the trial court's restitution order. URL:http://www.tba.org/tba_files/TCCA/burrisra_opn.WP6 STATE OF TENNESSEE VS. MILTON LEE COOPER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT N. MEEKS JOHN KNOX WALKUP P.O. Box 8086 Attorney General & Reporter Chattanooga, TN 37414 MICHAEL J. FAHEY, II Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM H. COX, III District Attorney General DAVID W. DENNY Assistant District Attorney General 600 Market Street - Courts Bldg. Chattanooga, TN 37402 Judge:CLARK First Paragraph: Defendant appeals as of right his convictions for first degree felony murder and conspiracy to commit aggravated robbery. He raises eight issues on appeal: (1) whether the trial court erred in allowing members of the television media to broadcast video of the defendant trying on a jacket allegedly used in the robbery, and in failing thereafter to sequester the jury when requested to do so; (2) whether the trial court erred in allowing the prosecution to initiate a new line of questioning of a prosecution witness on redirect examination; (3) whether the trial court erred in allowing the prosecution to lead its witnesses and refresh their memories as to events critical to the prosecution's case; (4) whether the trial court improperly instructed the jury as to confessions; (5) whether the indictment for conspiracy is void; (6) whether the evidence is sufficient to support defendant's conviction of felony murder; (7) whether there was improper contact between a member of the jury and other individuals sufficient to taint the proceedings; and (8) whether the trial court erred in allowing the introduction of evidence of the defendant's alleged involvement in theft or attempted theft earlier on the same day as the robbery. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/cooper_opn.WP6 FRANK CRITTENDEN VS. CHARLES JONES, Warden, ex rel. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Frank Crittenden, pro se John Knox Walkup M.C.R.C.F., No. 244405 Attorney General & Reporter P.O. Box 2000 Wartburg, TN. 37887-2000 Timothy F. Behan Assistant Attorney General 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN. 37243-0493 Charles E. Hawk District Attorney General P.O. Box 703 Kingston, TN. 37763-0703 Judge:BARKER First Paragraph: The appellant, Frank Crittenden, appeals as of right the Morgan County Criminal Court's dismissal of his pro se petition for a writ of habeas corpus. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/crittndn_opn.WP6 STATE OF TENNESSEE VS. CLINT ELMORE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JEFFREY WHITT (at trial and on appeal) JOHN KNOX WALKUP RICHARD CLARK (at trial) Attorney General & Reporter 706 Walnut St., Ste. 902 Knoxville, TN 37902 ELIZABETH B. MARNEY Asst. Attorney General 425 Fifth Ave. N., 2d Floor Nashville, TN 37243-0493 RANDALL E. NICHOLS District Attorney General CHARME JOHNSON CHARLES CERNY Asst. District Attorneys General City-County Building Knoxville, TN 37902 Judge:WITT First Paragraph: The defendant, Clint Elmore, appeals his convictions of aggravated rape and three counts of attempted aggravated rape. Elmore was convicted at a jury trial in the Knox County Criminal Court. His convictions relate to incidents of sexual abuse of Elmore's stepson. In this direct appeal, Elmore raises several issues for our consideration: 1. Whether the evidence is sufficient to sustain his three attempted aggravated rape convictions. 2. Whether the trial court erred in denying the defense's request to recall the victim during its case-in-chief. 3. Whether the trial court erred in allowing the state to strike a male member of the jury panel. 4. Whether the trial court erred in denying the jury's request during deliberations to review all of the state's witnesses' testimony. 5. Whether the sentence imposed is excessive. After a review of the record and the briefs of the parties, we affirm the defendant's convictions of aggravated rape and two counts of attempted aggravated rape. We reverse and dismiss the remaining attempted aggravated rape conviction for insufficient evidence. URL:http://www.tba.org/tba_files/TCCA/elmorec_opn.WP6 STATE OF TENNESSEE VS. RAY ANTHONY NELSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ARDENA J. GARTH JOHN KNOX WALKUP District Public Defender Attorney General & Reporter DONNA ROBINSON MILLER (on appeal) ELLEN H. POLLACK KARLA M. GOTHARD (at trial) Asst. Attorney General Asst. District Public Defenders 425 Fifth Ave. N., 2d Floor 701 Cherry St., Ste. 300 Nashville, TN 37243-0493 Chattanooga, TN 37402 WILLIAM H. COX, III District Attorney General REBECCA A. STERN BATES BRYAN Asst. District Attorneys General 600 Market St., Ste. 310 Chattanooga, TN 37402 Judge:WITT First Paragraph: The defendant, Ray Anthony Nelson, appeals his conviction of the second degree murder of Ester L. Williams. He received his conviction in the Hamilton County Criminal Court at the conclusion of a trial by a jury of his peers. In this direct appeal, he raises the following issues for our review: 1. Whether the evidence sufficiently supports his conviction. 2. Whether the trial court erred in admitting evidence of his prior abuse of the victim. 3. Whether the trial court erred in allowing Sister Suzanne Repasky to testify as an expert witness on domestic violence. 4. Whether his sentence of 25 years is excessive. Following a review of the record and the briefs of the parties, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/nelsonra_opn.WP6 RONALD WILLIAMS RICE VS. CHARLES JONES, WARDEN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: PRO SE JOHN KNOX WALKUP Attorney General & Reporter TIMOTHY F. BEHAN Assistant Attorney General Cordell Hull Bldg., Second Floor 425 Fifth Avenue, North Nashville, TN 37243-0493 CHARLES E. HAWK, JR. District Attorney General FRANK HARVEY Assistant District Attorney P. O. BOX 703 Kingston, TN 37763 Judge:ACREE First Paragraph: The appellant, Ronald Williams Rice, appeals as of right the trial court's dismissal of his petition for a writ of habeas corpus. We affirm the trial court. URL:http://www.tba.org/tba_files/TCCA/rice_op.WP6 STATE OF TENNESSEE VS. JAMES G. SNIDER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A. Phillip Lomonaco John Knox Walkup Attorney at Law Attorney General & Reporter 112 Durwood Drive Knoxville, TN 37922 Todd R. Kelley Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 Charles E. Hawk District Attorney General Frank Harvey Roger Delp Assistant District Attorneys General P.O. Box 703 Kingston, TN 37763 Judge:SUMMERS First Paragraph: In January 1997, James G. Snider was convicted by a Loudon County jury of first degree murder and sentenced to life imprisonment for the May 1995 shooting death of Bradley Packett. The appellant's sole issue for our review is whether the evidence is sufficient to support his conviction for first degree murder. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/sniderjg_opn.WP6 STATE OF TENNESSEE VS. GARY EUGENE TEEPLE Court:TCCA Attorneys: For the Appellant: For the Appellee: Raymond Mack Garner John Knox Walkup District Public Defender Attorney General of Tennessee and and Natalee S. Hurley Georgia Blythe Felner Assistant Public Defender Assistant Attorney General of Tennessee 419 High Street 425 Fifth Avenue North Maryville, TN 37804 Nashville, TN 37243-0493 Michael L. Flynn District Attorney General and Edward P. Bailey, Jr. Assistant District Attorney General 363 Court Street Maryville, TN 37804 Judge: First Paragraph: The defendant, Gary Eugene Teeple, appeals as of right from his convictions for two counts of assault, Class A and B misdemeanors, respectively, in a jury trial. The trial court sentenced the defendant to concurrent sentences in the county jail for a term of eleven months and twenty-nine days for the Class A misdemeanor assault and a term of six months for the Class B misdemeanor assault. Although the court provided that the defendant would be immediately eligible for existing programs, it ordered that he serve thirty percent of his sentences before full release. On appeal, the defendant challenges the sufficiency of the evidence and the denial of full probation. We affirm the trial court's judgments of conviction. URL:http://www.tba.org/tba_files/TCCA/teeplege_opn.WP6 STATE OF TENNESSEE VS. RANDY D. VOWEL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Billy P. Sams John Knox Walkup Attorney at Law Attorney General & Reporter 122-A Jefferson Court Oak Ridge, TN 37830 Sandy C. Patrick Assistant Attorney General 2d Floor Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243-0493 James N. Ramsey District Attorney General Janice G. Hicks Assistant District Attorney General 127 Anderson County Courthouse Clinton, TN 37716 Judge:SUMMERS First Paragraph: In October 1996, Randy D. Vowell, the appellant, was convicted by a jury of one count of aggravated rape and one count of rape in the Anderson County Criminal Court. He was sentenced to twenty-three (23) years and eight (8) years for the respective offenses to be served in the Tennessee Department of Correction. The sentences are to run concurrently. The appellant raises the following issues for our review: I. Whether the appellant's counsel was ineffective. II. Whether the evidence was sufficient to support the conviction for aggravated rape. III. Whether the state improperly alluded to the virginity of the victim. IV. Whether there was inappropriate contact between the victim and prosecuting officials, requiring a mistrial. V. Whether the indictment was fatally flawed for failure to allege the requisite culpable mental state. VI. Whether the sentence for aggravated rape is unconstitutionally disproportionate to the crime. URL:http://www.tba.org/tba_files/TCCA/vowellrd_opn.WP6
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