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. DEWAYNE B. BUTLER, FREDRICK D. BUTLER, and ERIC D. ALEXANDER Court:TSC Attorneys: For the Appellants: For the Appellee: A.C. Wharton John Knox Walkup Shelby County Public Defender Attorney General & Reporter W. Mark Ward & Sherrye Brown Michael E. Moore Assistant Public Defenders Solicitor General Memphis (Attorneys for Dewayne Butler) Kathy Morante Deputy Attorney General Leslie I. Ballin & Mark A. Mesler Memphis (Attorneys for Fredrick Butler) William Massey Memphis (Attorney for Eric Alexander) Judge:BARKER First Paragraph: The sole issue in this interlocutory appeal is whether the State may rely upon the felony murder aggravating circumstance when seeking a sentence of life without the possibility of parole for defendants charged with felony murder. We hold that there are no constitutional or statutory prohibitions and accordingly affirm the judgment of the Court of Criminal Appeals. URL:http://www.tba.org/tba_files/TSC/butlerdb_opn.WP6 DAVID A. ALEXANDER and MACLIN P. DAVIS, JR. VS. JULIA ANN WHITE INMAN Court:TSC Judge:PER CURIAM First Paragraph: The appellant has filed a petition to rehear pursuant to Tenn. R. App. P. 30 in which appellant requests this Court to reconsider its opinion filed June 22, 1998. After due consideration, it is ORDERED that the petition to rehear is denied. URL:http://www.tba.org/tba_files/TSC/alexandd_ord.WP6 GENERAL ELECTRIC COMPANY VS. PROCESS CONTROL COMPANY Court:TSC Judge:PER CURIAM First Paragraph: Process Control Company, Defendant/Petitioner, has filed a petition to rehear this cause pursuant to Tenn. R. App. R. 39 contending that our opinion overlooks a material fact. After due consideration, we conclude that the petition for rehearing should be and the same is hereby denied at the cost of Defendant/Petitioner. URL:http://www.tba.org/tba_files/TSC/genelec_ord.WP6 STATE OF TENNESSEE VS. WILLIAM E. HALL AND DERRICK D. QUINTERO WITH CONCURRING AND DISSENT OPINIONS AND APPENDIX Court:TSC Attorneys: FOR APPELLANT HALL: FOR APPELLEE: Jennifer Davis Roberts John Knox Walkup Dickson, Tennessee Attorney General and Reporter and Michael E. Moore Solicitor General Reese Bagwell Clarksville, Tennessee Darian B. Taylor Assistant Attorney General FOR APPELLANT QUINTERO: Nashville, Tennessee Shipp R. Weems Dan M. Alsobrooks District Public Defender District Attorney General Charlotte, Tennessee J. Kenneth Atkins and Special Prosecutor Charlotte, Tennessee Steve Stack Assistant Public Defender James W. Kirby Charlotte, Tennessee Asst District Attorney General Charlotte, Tennessee Judge:DROWOTA First Paragraph: In this capital case, the defendants, William Eugene Hall, Jr., and Derrick Desmond Quintero, were convicted by a jury of two counts of murder during the perpetration of first degree burglary, three counts of grand larceny, one count of petit larceny and three counts of first degree burglary. For their convictions of larceny and burglary, the defendants each were sentenced to eighty years incarceration, which sentences were ordered to run consecutively to the life sentences imposed for their conviction of the first degree murder of Buford Vester. With respect to the first degree murder of Myrtle Vester, the jury found the proof established the following five aggravating circumstances: (1) the defendants were previously convicted of one or more felonies involving the use or threat of violence, Tenn. Code Ann. S 39-2-203(i)(2) (1982); (2) the murder was especially heinous, atrocious or cruel in that it involved torture or depravity of mind, Tenn. Code Ann. S 39-2-203(i)(5) (1982); (3) the murder was committed for the purpose of avoiding, interfering with, or preventing a lawful arrest or prosecution of themselves or others, Tenn. Code Ann. S 39-2-203(i)(6) (1982); (4) the murder was committed while the defendant was engaged in committing or was an accomplice in the commission of, or was attempting to commit, or fleeing after committing or attempting to commit, any first-degree murder, arson, rape, robbery, burglary, larceny, kidnaping, aircraft piracy, or unlawful throwing, placing or discharging of a destructive device or bomb, Tenn Code Ann. S 39-2-203(i)(7) (1982); and (5) the murder was committed by the appellants while they were in lawful custody or in a place of lawful confinement or during their escape from lawful custody or from a place of lawful confinement, Tenn. Code Ann. S 39-2-203(i)(8) (1982). Finding that there were no mitigating circumstances sufficiently substantial to outweigh the aggravating circumstances, the jury sentenced the defendants to death by electrocution for the murder of Myrtle Vester. URL:http://www.tba.org/tba_files/TSC/quintero_opn.WP6 Concurring/Dissenting URL:http://www.tba.org/tba_files/TSC/hallwill_c&d.WP6 Dissenting URL:http://www.tba.org/tba_files/TSC/hallw_dis.WP6 Appendix URL:http://www.tba.org/tba_files/TSC/quintero_apx.WP6 PEGGY STRICKLIN ARNOLD, and EDWARD L. ARNOLD VS. DEHONEY BISHOP INTERIORS,INC., d/b/a DEHONEY INTERIORS Court:TCA Attorneys: MICHAEL S. LONG LONG, UMSTED & JONES Memphis, Tennessee Attorney for Appellants THOMAS L. BRANNON McWHIRTER & WYATT Memphis, Tennessee Attorney for Appellee Judge:HIGHERS First Paragraph: Plaintiffs Peggy Stricklin Arnold and Edward L. Arnold (hereinafter referred to as "Plaintiff" or "Plaintiffs") appeal the trial court's order granting summary judgment in favor of Defendant Dehoney-Bishop Interiors, Inc. (hereinafter referred to as "Defendant" or "Dehoney"). For the reasons hereinafter stated, we hereby reverse the judgment of the trial court and remand this case for trial. URL:http://www.tba.org/tba_files/TCA/arnoldps_opn.WP6 STATE OF TENNESSEE VS. MELVIN WAYNE ARCHULETA Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: J. TIMOTHY STREET JOHN KNOX WALKUP 136 Fourth Ave., South Attorney General & Reporter Franklin, TN 37064 (On Appeal) GEORGIA BLYTHE FELNER Asst. Attorney General MICHAEL JONES Cordell Hull Bldg., 2nd Fl. Public Defender 425 Fifth Ave., North Nashville, TN 37243-0493 COLLIER GOODLETT Asst. Public Defender JOHN W. CARNEY 109 South Second St. District Attorney General Clarksville, TN 37040 (At Trial) WILLIAM CLOUD Asst. District Attorney General 204 Franklin St., Suite 200 Clarksville, TN 37040 Judge:PEAY First Paragraph: The defendant was indicted for theft of property over five hundred dollars ($500) in value. He pled guilty to theft of property less than five hundred dollars ($500). Following a sentencing hearing, the trial court sentenced the defendant to eleven months and twenty-nine days, to serve six months with the balance probated. The defendant now appeals and argues that the trial court erred by not suspending his entire sentence. After a review of the record and applicable law, we find that the trial court did not err in denying the defendant's request for probation. The judgment of the court below is affirmed. URL:http://www.tba.org/tba_files/TCCA/archulet_opn.WP6 STATE OF TENNESSEE VS. JAMES ALBERT BULT Court:TCCA Attorneys: For the Appellant: For the Appellee: Robert S. Peters John Knox Walkup 100 First Avenue, S.W. Attorney General of Tennessee Winchester, TN 37398 and Lisa A. Naylor Assistant Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 William Michael McCowan District Attorney General and James B. Cox Assistant District Attorney General 215 E. College Street P.O. Box 878 Fayetteville, TN 37334-0878 Judge:TIPTON First Paragraph: The defendant, James Albert Bult, was convicted by a jury in the Lincoln County Circuit Court of the offense of vandalism, a Class A misdemeanor. He was sentenced to sixty days in jail, all but ten consecutive days or five consecutive weekends to be suspended, and placed on probation for eleven months and twenty-nine days. He was ordered to perform one hundred hours of community service. In this appeal as of right, the defendant contends that (1) he was entitled to jury instructions regarding self-defense, defense of another, and necessity and (2) his confinement for five consecutive weekends is excessive. We affirm the trial court. URL:http://www.tba.org/tba_files/TCCA/bultja_opn.WP6 STATE OF TENNESSEE VS. DAVRON DINISH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: KEVIN KRAUSE JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 142 North Third, Third Floor Memphis, TN 38103 GEORGIA BLYTHE FELNER (At Trial & On Appeal) Counsel for the State Criminal Justice Division Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General JERRY R. KITCHEN Asst. District Attorney General 201 Poplar Avenue, 3rd Floor Memphis, TN 38103 Judge:WEDEMEYER First Paragraph: The defendant pled guilty to one count of statutory rape and agreed to a one-year sentence as a Range I offender. The trial court accepted this sentence and denied an alternative sentence. In this appeal, the defendant argues that the trial court abused its discretion in failing to grant judicial diversion, probation or a week-end sentence. Following our review of the record, we affirm the trial court. URL:http://www.tba.org/tba_files/TCCA/dinish_wpd.WP6 STATE OF TENNESSEE VS. LONNY D. HAZELWOOD WITH DISSENT Court:TCCA Attorneys: For Appellee: For Appellant: Edward P. Silva John Knox Walkup P.O. Box 664 Attorney General & Reporter Franklin, TN 37065 Lisa A. Naylor Roger Reid Street, Jr. Assistant Attorney General 339 Main Street 425 Fifth Avenue North Franklin, TN 37064 Cordell Hull Building, Second Floor Nashville, TN 37243-0493 Derek K. Smith Assistant District Attorney General P.O. Box 937 Franklin, TN 37065-0937 Judge:WADE First Paragraph: On July 8, 1996, the defendant, Lonny D. Hazelwood, was charged with driving under the influence. The trial court suppressed the results of a blood alcohol test. The State of Tennessee filed this interlocutory appeal. Rule 9, Tenn. R. App. P. The single issue for review is whether the trial court erred by suppressing the results of the blood alcohol test. URL:http://www.tba.org/tba_files/TCCA/hzlwdld_opn.WP6 DISSENT: URL:http://www.tba.org/tba_files/TCCA/hzlwdld_dis.WP6 STATE OF TENNESSEE VS. JEREMY A. WINSETT Court:TCCA Attorneys: For the Appellant: For the Appellee: Charles D. Wright John Knox Walkup 150 Court Avenue, 2nd Floor Attorney General & Reporter Memphis, TN. 38103 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 Johnny R. McFarland Assistant District Attorney 201 Poplar Ave., Ste. 301 Memphis, TN. 38103-1947 Judge:BARKER First Paragraph: The appellant, Jeremy A. Winsett, appeals as of right the three (3) year sentence of confinement he received following the entry of guilty pleas to two counts of vehicular homicide in the Criminal Court of Shelby County. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/winsettj_opn.WP6
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