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TBALink Opinion-Flash
September 21, 1998 -- Volume #4 -- Number #136
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. 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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