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TBALink Opinion-Flash
September 11, 1998 -- Volume #4 -- Number #133
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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Editor-in-Chief, TBALink
TOMMY JOE WALKER vs. STATE OF TENNESSEE, Ex Rel, Donal Campbell, Commissioner of the Tennessee Department of Corrections and Ricky J. Bell,Warden with DISSENTING OPINION Court:TCCA Attorneys: For the Appellant: For the Appellee: Mark E. Stephens John Knox Walkup Public Defender Attorney General and Reporter Paula R. Voss Karen M. Yacuzzo Asst. Public Defender Assistant Attorney General 1209 Euclid Avenue Criminal Justice Division Knoxville, TN 37921 425 Fifth Avenue North 2d Floor, Cordell Hull Bldg Nashville, TN 37243-0493 Judge:Hayes First Paragraph: The appellant, Tommy Joe Walker, appeals the Davidson County Circuit Court's summary dismissal of his application for writ of habeas corpus. Specifically, the appellant contends that the trial court erred in finding that his 1977 conviction for voluntary manslaughter was not void. The appellant is currently incarcerated at the Riverbend Maximum Security Institute in Nashville awaiting execution for an unrelated murder committed in 1989. See State v. Walker, 910 S.W.2d 381(Tenn. 1995), cert. denied, --U.S.--, 117 S.Ct. 88 (1996). URL:http://www.tba.org/tba_files/TCCA/walkertj_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/walkertj_dis.WP6Feel free to forward this Opinion-Flash on to any attorney you know of with an internet address, who is not a TBALink member. To Join TBALink - Http://www.tba.org/join.html/
STATE OF TENNESSEE
vs.
KENNETH F. WALKER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Patrick Cooley John Knox Walkup
Cooley, Cooley & Agee Attorney General & Reporter
P.O. Box 730
Kingston, TN 37763 Sandy C. Patrick
Assistant Attorney General
Cordell Hull Building, 2d Floor
425 Fifth Avenue North
Nashville, TN 37243-0943
Charles E. Hawk
District Attorney General
Roger Delp
Asst District Attorney General
P.O. Box 703
Kingston, TN 37763
Judge:SUMMERS
First Paragraph:
The appellant, Kenneth F. Walker, pled nolo contendere to a charge of
possession of over seventy pounds of a Schedule VI controlled
substance with intent to deliver. The appellant, however, reserved
the right to appeal a certified question of law pursuant to Rule
37(b)(2)(I) of the Tennessee Rules of Criminal Procedure.
URL:http://www.tba.org/tba_files/TCCA/walkerkf_opn.WP6
DONALD RAY TURNER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Donald Ray Turner, Pro Se John Knox Walkup
Unit 8/26 M.C.R.C.F. Attorney General of Tennessee
P.O. Box 2000 and
Wartburg, TN 37887 Michael J. Fahey, II
Asst. Attorney General of TN
425 Fifth Avenue North
Nashville, TN 37243-0493
William H. Cox, III
District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
Judge:Tipton
First Paragraph:
The petitioner, Donald Ray Turner, appeals as of right from the
Hamilton County Criminal Court's denial of his second petition for
post-conviction relief from his conviction upon the entry of a guilty
plea to aggravated sexual battery on July 8, 1993. The petitioner
received a Range I sentence of eight years to be served concurrently
with a federal sentence. The trial court held that the petition for
relief was barred by the statute of limitations and that, in any
event, the grounds asserted for relief had been waived, were
previously determined, or lacked merit. The petitioner, proceeding on
the record pursuant to Rule 29(c), T.R.A.P., argues that he is
entitled to post-conviction relief because federal and state
authorities failed to abide by the requirements of the Interstate
Compact on Detainers in that he was not transferred within thirty
days, was not tried within one hundred eighty days, and was not
provided a hearing before being transferred. We affirm the denial of
post-conviction relief.
URL:http://www.tba.org/tba_files/TCCA/turnerdr_opn.WP6
STATE OF TENNESSEE
vs.
TADARYL SHIPP
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
M. CHRISTOPHER COFFEE JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
P.O. Box 870
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
S. JO HELM
WILLIAM CRABTREE
Asst. District Attorneys General
P.O. Box 1468
Knoxville, TN 37901-1468
Judge:WITT
First Paragraph:
The defendant, Tadaryl Shipp, appeals the convictions of first degree
murder and conspiracy to commit first degree murder that he received
at his jury trial in the Knox County Criminal Court. Shipp is
presently serving consecutive sentences of life and 25 years in the
Department of Correction. In this direct appeal, he challenges the
sufficiency of the convicting evidence and the propriety of the trial
court's sentencing determination. Having reviewed the record and the
briefs of the parties and having heard oral arguments, we affirm both
convictions and sentences; however, we vacate the imposition of
consecutive sentences and remand in order for the trial court to make
the appropriate findings before determining whether the defendant will
serve his sentences concurrently or consecutively.
URL:http://www.tba.org/tba_files/TCCA/shippt_opn.WP6
JACKIE R. ROBINSON
vs.
MICHAEL DUTTON, Warden,
and STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JACKIE R. ROBINSON, pro se JOHN KNOX WALKUP
RMSI Unit 6 Attorney General & Reporter
7475 Cockrill Bend
Industrial Road ELIZABETH B. MARNEY
Nashville, TN 37209-1010 Assistant Attorney General
2nd Floor, Cordell Hull Bldg
425 Fifth Avenue North
Nashville, TN 37243
Judge:WOODALL
First Paragraph:
The Petitioner, Jackie Robinson, appeals as of right the trial court's
dismissal of his petition for writ of habeas corpus. We affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/robinsnj_opn.WP6
STATE OF TENNESSEE
vs.
LON MITCHELL PIERCE, JR.
with DISSENTING OPINION
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES S. ROACH JOHN KNOX WALKUP
Attorney at Law Attorney General and Reporter
128 E. Market Street
Johnson City, TN 37604 MARVIN E. CLEMENTS, JR.
Assistant Attorney General
and
2nd Floor, Cordell Hull Bldg
425 Fifth Avenue North
DONALD E. SPURRELL Nashville, TN 37243
Attorney at Law
128 E. Market Street
Johnson City, TN 37604 H. GREELEY WELLS
District Attorney General
TERESA M. SMITH
Asst District Attorney General
P.O. Box 526
Blountville, TN 37617
Judge:WOODALL
First Paragraph:
The Appellant, Lon Mitchell Pierce, Jr., was found guilty by a
Sullivan County jury of the crimes of first degree felony murder,
theft over $10,000, misdemeanor theft, and evading arrest. At the
time of the instant offenses, the Appellant was fifteen years of age.
Following a hearing in the Juvenile Court, the Appellant was
transferred to the Criminal Court for trial as an adult. Although the
Appellant was also indicted on a charge of simple possession of
cocaine, the jury returned a verdict of not guilty as to this count.
In accordance with the sentencing provisions for the capital crime of
felony murder, the trial court fixed the Appellant's sentence at life
imprisonment. Following a sentencing hearing for the remaining
convictions, the trial court imposed an effective sentence of four
years and ordered that this sentence run concurrently to the life
sentence. In this appeal as of right, the Appellant raises the
following issues: I. Whether the State of Tennessee had
jurisdiction over the offenses of felony murder and felony theft;
II. Whether the evidence is sufficient to sustain the Appellant's
conviction for felony murder; III. Whether the trial court properly
denied the Appellant's request for special instructions regarding the
felony murder charge; IV. Whether the court properly charged the
jury regarding lesser offenses of felony murder; and V. Whether
the trial court erred in allowing the jury to sentence the Appellant
to life in prison. After a review of the record, we affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/piercelm_opn.WP6
URL:http://www.tba.org/tba_files/TCCA/piercelm_dis.WP6
STATE OF TENNESSEE
vs.
VERONICA L. PHILLIPS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CHARLES ALLEN JOHN KNOX WALKUP
P.O. Box 5027 Attorney General & Reporter
Oneida, TN 37841
MICHAEL J. FAHEY, II
Asst. Attorney General
John Sevier Bldg.
425 Fifth Ave., North
Nashville, TN 37243-0493
WILLIAM PAUL PHILLIPS
District Attorney General
CLIFTON H. SEXTON
Asst. District Attorney General
P.O. Box 10
Huntsville, TN 37756
Judge:PEAY
First Paragraph:
The defendant was charged in the indictment with one count of reckless
homicide and one count of reckless aggravated assault. The defendant
filed an application for pretrial diversion with the district attorney
general, who denied the defendant's application by written response.
The defendant then filed a petition for writ of certiorari with the
trial court, which was denied. Pursuant to Rule 9 of the Tennessee
Rules of Appellate Procedure, the defendant sought and was granted
permission to appeal the trial court's decision to this Court. The
sole issue presented in this appeal is whether the trial court erred
in determining that the district attorney general did not abuse his
discretion by denying the defendant's application for pretrial
diversion. After our review of the record, we affirm the trial
court's decision.
URL:http://www.tba.org/tba_files/TCCA/philipsv_opn.WP6
STATE OF TENNESSEE
vs.
TIMOTHY LANE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
J. TIMOTHY STREET JOHN KNOX WALKUP
136 Fourth Avenue, South Attorney General and Reporter
Franklin, TN 37064
KAREN M. YACUZZO
E. COVINGTON JOHNSON Assistant Attorney General
136 Fourth Avenue, South 425 Fifth Avenue North
Franklin, TN. 37064 Nashville, Tn. 37243
JOE D. BAUGH, JR.
District Attorney General
MARK PURYEAR
Assistant District Attorney
P. O. Box 937
Franklin, TN 37065-0937
Judge:SMITH
First Paragraph:
On March 25, 1997, in the Williamson County Circuit Court, the
Appellant, Timothy L. Lane, pled guilty to a charge of aggravated
assault. As a Range I standard offender, he was sentenced to a two
year suspended sentence and five years of supervised probation. Mr.
Lane was also ordered to continue counseling with respect to the
issues which had caused him to attack the victim, and he was ordered
to pay restitution to the victim for the injuries sustained by her.
The Appellant presents one issue for our consideration on appeal:
Whether the trial court erred in refusing to grant the Appellant
so-called judicial diversion pursuant to Tennessee Code Annotated
Section 40-35-313. We find that the judgment of the trial court must
be affirmed.
URL:http://www.tba.org/tba_files/TCCA/lanetimo_opn.WP6
STATE OF TENNESSEE
vs.
DAVID KRANTZ
Court:TCCA
Attorneys:
FOR THE APPELLANT:
ROBERT G. WHEELER, JR.
SunTrust Center, Suite 900
424 Church Street
P.O. Box 198615
Nashville, TN 37219-8615
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
KAREN M. YACUZZO
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
TOM P. THOMPSON, JR.
District Attorney General
JOHN D. WOOTEN, JR.
Assistant District Attorney General
203 Greentop Street
P.O. Box 178
Hartsville, TN 37074-0178
Judge:RILEY
First Paragraph:
The defendant, David Krantz, appeals as of right his sentences based
upon guilty pleas to various counts of aggravated burglary and theft
over $1,000 in Trousdale, Macon, and Smith Counties. The sentences in
the three (3) counties have been consolidated for appellate purposes.
The defendant received an effective sentence of four (4) years with
one (1) year to be served in the local jail and the remainder on
probation. The defendant contends the trial court failed to apply a
mitigating factor in sentencing him and erred in not granting total
probation. Although we remand for the correction of the judgments,
the trial court is affirmed in all other respects.
URL:http://www.tba.org/tba_files/TCCA/krantzd_opn.WP6
STATE OF TENNESSEE
vs.
WILLIAM JETT, JR.
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Terry J. Canady, Attorney John Knox Walkup
211 Printers Alley Building Attorney General and Reporter
Suite 400
Nashville, TN 37201-1414 Marvin E. Clements, Jr.
Assistant Attorney General
Criminal Justice Division
Cordell Hull Bldg, Second Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
S. Carran Daughtrey
and
Kymberly Haas
Asst District Attorneys General
222 Second Avenue North
Suite 500
Nashville, TN 37201
Judge:WADE
First Paragraph:
The defendant, William Jett, Jr., was convicted of Class C felony
stalking. The trial court imposed a Range II, seven-year sentence
which is to be served consecutively to a prior sentence he is serving
as the result of a probation violation. In this appeal of right, the
defendant challenges the sufficiency of the evidence, complains that
the trial court erred by refusing to instruct the jury on the crime of
harassment and argues that the jury was improperly informed of his
prior conviction for stalking. We find no error and affirm the
judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/jettwjr_opn.WP6
STATE OF TENNESSEE
vs.
CHARLES HARRILL
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JULIE A. MARTIN JOHN KNOX WALKUP
P.O. Box 426 Attorney General & Reporter
Knoxville, TN 37901-0426
(On Appeal) GEORGIA BLYTHE FELNER
Asst. Attorney General
GERALD RUSSELL John Sevier Bldg.
117 E. Harper Ave. 425 Fifth Ave., North
Maryville, TN 37801 Nashville, TN 37243-0493
(At Trial)
MIKE FLYNN
District Attorney General
363 Court St.
Maryville, TN 37804
Judge:PEAY
First Paragraph:
The defendant was indicted for rape, a Class B felony. He pled guilty
and after a hearing, was sentenced to eight years as a Range I
standard offender in the Department of Correction. The defendant now
appeals, arguing that the trial court should have granted him
alternative sentencing. We affirm the defendant's sentence.
URL:http://www.tba.org/tba_files/TCCA/harrillc_opn.WP6
STATE OF TENNESSEE
vs.
D'SHANNON H. GOINS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DEBORAH HUSKINS JOHN KNOX WALKUP
Assistant Public Defender Attorney General & Reporter
First Judicial District
P.O. Box 996 ELIZABETH B. MARNEY
Johnson City, TN 37605 Assistant Attorney General
Criminal Justice Division
425 Fifth Ave. North
Second Floor, Cordell Hull Bldg
Nashville, TN 37243-0493
DAVID E. CROCKETT
District Attorney General
Rt. 19, Box 99
Johnson City, TN 37601
KENT GARLAND
Asst District Attorney General
P.O. Box 38
Jonesborough, TN 37659
Judge:WITT
First Paragraph:
The defendant, D'Shannon H. Goins, was convicted in a jury trial in
the Washington County Criminal Court of simple assault, a Class A
misdemeanor. The trial court sentenced him to serve eleven months and
twenty-nine days with all but the first sixty days of the sentence to
be served on probation. The jury assessed a fine of $2,500, and the
trial court ordered the defendant to pay one hundred dollars per month
toward the court costs and as restitution to the victim. In addition,
the defendant must spend ten days performing community service. In
this direct appeal, the defendant does not challenge the validity of
his convictions. He contends that the trial court should have
suspended his entire sentence and that two of the probationary
conditions imposed by the trial court are unreasonable and unrelated
to the purposes of sentencing.
URL:http://www.tba.org/tba_files/TCCA/goinsd_opn.WP6
STATE OF TENNESSEE
vs.
VELMA JEAN FREEMAN
Court:TCCA
Attorneys:
FOR THE APPELLEE: FOR THE APPELLANT:
RICHARD A. SPIVEY JOHN KNOX WALKUP
142 Cherokee Street Attorney General and Reporter
Kingsport, TN 37660
TODD R. KELLEY
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
GREELEY WELLS
District Attorney General
JOSEPH EUGENE PERRIN
Assistant District Attorney General
Sullivan County Justice Center
Blountville, TN 37617
Judge:WELLES
First Paragraph:
This is an interlocutory appeal pursuant to Rule 9 of the Tennessee
Rules of Appellate Procedure. The State of Tennessee appeals from the
trial court's determination that the District Attorney General abused
his discretion by denying pretrial diversion. We affirm the judgment
of the trial court.
URL:http://www.tba.org/tba_files/TCCA/freemavj_opn.WP6
IN RE:
INTERNATIONAL FIDELITY
INSURANCE COMPANY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN K. KING JOHN KNOX WALKUP
ALAN M. PARKER Attorney General and Reporter
P. O. BOX 2425
Knoxville, TN 38901 MICHAEL J. FAHEY, II
Assistant Attorney General
450 James Robertson Parkway
Nashville, TN 37243-0493
CHARLES E. HAWK
District Attorney General
FRANK A. HARVEY
Assistant District Attorney General
P. O. BOX 703
Kingston, TN 37763-0703
Judge:CRAFT
First Paragraph:
International Fidelity Insurance Company appeals as of right the entry
of an order summarily denying it permission to underwrite bail bonds
in Loudon County due to its failure to deposit funds with the Loudon
County Court Clerk pursuant to a local rule of court. Appellant
presents two issues for our review: (1) whether the State Commissioner
of the Department of Commerce and Insurance is mandated by statute to
be the regulating authority of insurance companies doing business in
Tennessee, thus preempting the authority of the local courts, and (2)
whether a local court has the authority to require additional local
cash deposits over and above the $100,000 required by statute to be
made to the state, even though the insurance company is found to be
solvent and otherwise qualified by the State Commissioner of the
Department of Commerce and Insurance to do business in the courts of
this state. For the reasons stated in this opinion, we set aside the
order of the trial court denying the petition and remand this cause
for a hearing on the merits.
URL:http://www.tba.org/tba_files/TCCA/fidelity_opn.WP6
JONATHAN ELLIS
vs.
HOWARD CARLTON,
WARDEN, STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JONATHAN ELLIS, PRO SE JOHN KNOX WALKUP
P.O. Box 5000 Attorney General and Reporter
Mountain City, TN 37683-5000
ELLEN H. POLLACK
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
Judge:WELLES
First Paragraph:
The Defendant, Jonathan Ellis, appeals as of right from the dismissal
of his petition for habeas corpus relief. The Defendant is an inmate
in the custody of the Department of Correction. According to his
petition, on May 10, 1994, he pleaded guilty to and was convicted of
thirteen counts of aggravated rape and was sentenced to concurrent
terms of twenty-five years for each conviction. On July 25, 1997, the
Defendant filed a petition for a writ of habeas corpus alleging that
the Criminal Court of Sullivan County, in which he pleaded guilty, did
not have jurisdiction to convict him of these offenses because the
crimes were actually committed in Hawkins County rather than Sullivan
County. The trial court summarily dismissed the petition, concluding
that the allegation of lack of venue did not provide the Defendant
grounds for habeas corpus relief. We affirm the judgment of the trial
court.
URL:http://www.tba.org/tba_files/TCCA/ellisjon_opn.WP6
STATE OF TENNESSEE
vs.
DAVID C. DOYAL
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN KNOX WALKUP DONALD R. COFFEY
Attorney General & Reporter Attorney at Law
625 S. Gay St.
TODD R. KELLEY Knoxville, TN 37902
Asst. Attorney General
425 Fifth Ave. N., 2d Floor
Nashville, TN 37243-0493
RANDALL E. NICHOLS
District Attorney General
SCOTT GREEN
Asst. District Attorney General
City-County Building
Knoxville, TN 37902
Judge:WITT
First Paragraph:
The State of Tennessee appeals the trial court's suppression of
evidence pertaining to a University of Tennessee security officer's
off-campus, warrantless arrest of the defendant. The trial court
suppressed the evidence based upon its conclusion that the officer was
without lawful authority to effectuate the arrest under the
circumstances of the case. The sole issue in this appeal is whether
the trial court was correct in this conclusion. Having reviewed the
record, briefs, and arguments of the parties, we find merit in the
state's argument, reverse the trial court's suppression ruling, and
remand this matter for further proceedings.
URL:http://www.tba.org/tba_files/TCCA/doyaldc_opn.WP6
MAURICE DEWAYNE DAVIS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Thomas Trevathan John Knox Walkup
6208 Baum Drive Attorney General of Tennessee
Knoxville, TN 37919 and
Janis L. Turner
Asst Attorney General of TN
425 Fifth Avenue North
Nashville, TN 37243-0493
Randall E. Nichols
District Attorney General
and
Fred Bright
Asst District Attorney General
City-County Building
Knoxville, TN 37902
Judge:Tipton
First Paragraph:
The petitioner, Maurice Dewayne Davis, appeals as of right from the
judgment of the Knox County Criminal Court denying him post-conviction
relief from his 1993 conviction for second degree murder that resulted
in a twenty-five-year sentence in the Department of Correction. The
petitioner contends that he entered an involuntary and unknowing
guilty plea through the ineffective assistance of counsel.
URL:http://www.tba.org/tba_files/TCCA/davismd_opn.WP6
STATE OF TENNESSEE
vs.
BOBBY W. CANTER
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Stephen M. Wallace John Knox Walkup
District Public Defender Attorney General of Tennessee
and and
Gale K. Flanary Clinton J. Morgan
Assistant Public Defender Asst Attorney General of TN
P.O. Box 839 425 Fifth Avenue North
Blountville, TN 37617 Nashville, TN 37243-0493
H. Greeley Wells, Jr.
District Attorney General
and
Teresa Murray Smith
Greg Newman
Asst District Attorneys General
P.O. Box 526
Blountville, TN 37617
Judge:Tipton
First Paragraph:
The defendant, Bobby W. Canter, appeals as of right from the denial of
probation by the Sullivan County Criminal Court. Pursuant to a plea
agreement, the defendant pled guilty to the attempt to commit
aggravated sexual battery, a Class C felony, and was sentenced to
eight years in the Department of Correction as a Range II, multiple
offender. We affirm the trial court.
URL:http://www.tba.org/tba_files/TCCA/canterbw_opn.WP6
STATE OF TENNESSEE
vs.
JOSEPH J. BROOKS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
NANCY MEYER JOHN KNOX WALKUP
Office of the Public Defender Attorney General and Reporter
101 South Main Street
Suite 450 MARVIN E. CLEMENTS, JR.
Clinton, TN 37716 Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
JAMES N. RAMSEY
District Attorney General
JAN HICKS
Assistant District Attorney
127 Anderson County Courthouse
Clinton, TN 37716
Judge:SMITH
First Paragraph:
An Anderson County grand jury indicted Appellant on three counts of
rape of a child and three counts of incest, alleging sexual
penetration of MT, Appellant's step-daughter. On August 19, 1996,
Appellant entered a plea of nolo contendere to the reduced charge of
three counts of simple rape, for an agreed sentence of eight years on
each count, with the sentences to be run concurrently. The trial court
conducted a probation hearing on February 7, 1997, after which the
trial court denied probation and ordered Appellant to serve his
sentence in the Tennessee Department of Correction. Appellant appeals
from this denial of probation.
URL:http://www.tba.org/tba_files/TCCA/brookjos_opn.WP6
STATE OF TENNESSEE
vs.
TRELVER BRADLEY
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Jerry Hoffer, Attorney John Knox Walkup
275 North Ocoee Street Attorney General and Reporter
Suite C
Cleveland, TN 37311 Clinton J. Morgan
Counsel for the State
425 Fifth Avenue North
Second Floor, Cordell Hull Bldg
Nashville, TN 37243-0493
Steve Ward
Asst District Attorney General
Tenth Judicial District
P.O. Box 647
Athens, TN 37303-0647
Judge:WADE
First Paragraph:
The defendant, Trelver Bradley, indicted for first degree murder, was
found guilty of reckless homicide. The trial court imposed a Range I
sentence of four years. The defendant was fined $5,000.00. In this
appeal of right, the defendant complains that the trial court
improperly instructed the jury. We find no error and affirm the
judgment.
URL:http://www.tba.org/tba_files/TCCA/bradleyt_opn.WP6
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