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TBALink Opinion-Flash
September 9, 1998 -- Volume #4 -- Number #132
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
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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