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TBALink Opinion-Flash
September 23, 1998 -- Volume #4 -- Number #137
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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00-New Opinons From TSC - 00-New Opinons From TSC-Rules
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00-New Opinons From TCCA - 00-New Opinons From TSC-Rules
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Lucian T. Pera
Editor-in-Chief, TBALink
FRANCES BLANCHARD vs. ARLENE KELLUM, D.D.S. Court:TSC First Paragraph: Arlene Kellum, D.D.S., Defendant/Appellee, has filed a petition to rehear this cause pursuant to Tenn. R. App. R. 39 contending that our opinion conflicts with a principle of law and overlooks a proposition of law. After due consideration, we conclude that the petition for rehearing should be and the same is hereby denied at the cost of Defendant/Appellee. URL:http://www.tba.org/tba_files/TSC/blanchar_ord.WP6
DENNIS DYKES
vs.
BILLY COMPTON, Warden
Court:TSC
Attorneys:
For Appellant: For Appellee:
LLOYD R. TATUM JOHN KNOX WALKUP
Henderson, Tennessee Attorney General and Reporter
MICHAEL E. MOORE
Solicitor General
ELIZABETH T. RYAN
Assistant Attorney General
Nashville, Tennessee
C. PHILLIP BIVENS
District Attorney General
Dyersburg, Tennessee
Judge:BIRCH
First Paragraph:
Convicted in 1989 upon a plea of guilty to aggravated rape and now
serving a thirty-five year sentence, the appellant, Dennis Dykes,
claims in a petition for writ of habeas corpus that the failure of the
indictment to allege a culpable mental state renders the indictment
invalid and the resulting conviction void. The trial court dismissed
the petition, concluding that challenges to an indictment are not
subject to habeas corpus relief and further that the judgment in
question is not void on its face. The Court of Criminal Appeals
agreed that habeas corpus relief is not available; nevertheless, it
considered the appellant's claim and found the indictment valid.
URL:http://www.tba.org/tba_files/TSC/dykesd_opn.WP6
JAMIE EDWARD BREWER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Thomas G. McCroskey John Knox Walkup
627 Smithview Drive Attorney General of Tennessee
Maryville, TN 37801 and
Todd R. Kelley
Asst. Attorney General of Tennessee
425 Fifth Avenue North
Nashville, TN 37243-0493
Michael L. Flynn
District Attorney General
and
Philip Morton
Assistant District Attorney General
363 Court Street
Blount County Courthouse
Maryville, TN 37804
Judge:Tipton
First Paragraph:
The petitioner, Jamie Edward Brewer, appeals as of right from the
Blount County Circuit Court's order denying him post-conviction relief
from his three 1996 robbery convictions resulting in a total sentence
of fifteen years in the Department of Correction. He contends that
his guilty pleas were not knowingly, understandingly, and voluntarily
entered because his appointed counsel was ineffective by providing him
misadvice regarding release eligibility. We affirm the trial court.
URL:http://www.tba.org/tba_files/TCCA/brewerje_opn.WP6
STATE OF TENNESSEE
vs.
DAMON BYRD
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
James L. Weatherly, Jr. John Knox Walkup
Hollins, Wagster & Yarbrough, P.C. Attorney General & Reporter
2210 Third National Financial Center
424 Church Street Karen M. Yacuzzo
Nashville, TN 37219 Assistant Attorney General
425 Fifth Avenue North
2d Floor, Cordell Hull Bldg.
Nashville, TN 37243-0493
Judge:BYERS
First Paragraph:
The defendant appeals from the denial of his request for diversion by
the District Attorney General and the action of the trial court in
affirming that decision.
URL:http://www.tba.org/tba_files/TCCA/byrddamo_cca.WP6
STATE OF TENNESSEE
vs.
MARK A. CASH
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Lionel R. Barrett, Jr. John Knox Walkup
Washington Square Two - Suite 418 Attorney General & Reporter
222 Second Avenue, North 425 Fifth Avenue, North
Nashville, TN 37201 Nashville, TN 37243-0493
Timothy Behan
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 37243-0493
William Edward Gibson
District Attorney General
145 South Jefferson Avenue
Cookeville, TN 38501-3424
Shawn C. Fry
Asst. District Attorney General
145 South Jefferson Avenue
Cookeville, TN 38501-3424
Judge:LAFFERTY
First Paragraph:
The defendant, Mark A. Cash, entered guilty pleas to nine counts of
incest. An aggravated rape count was dismissed. As part of the plea
agreement, the defendant agreed for the trial court to run counts two
through five concurrently and counts six through ten concurrently, but
consecutively to counts two through five. The trial court imposed
sentences of five years for each conviction for an effective sentence
of ten years.
URL:http://www.tba.org/tba_files/TCCA/cashma_opn.WP6
THOMAS RAY DYER
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Mark E. Stevens John Knox Walkup
District Public Defender Attorney General of Tennessee
and and
John Halstead Clinton J. Morgan
Assistant Public Defender Asst. Attorney General of Tennessee
1209 Euclid Avenue 425 Fifth Avenue North
Knoxville, TN 37921 Nashville, TN 37243-0493
(AT TRIAL)
Randall E. Nichols
Mark E. Stevens District Attorney General
District Public Defender and
and Marsha Selecman
Paula R. Voss Asst. District Attorney General
John Halstead City-County Building
Assistant Public Defenders Knoxville, TN 37902
1209 Euclid Avenue
Knoxville, TN 37921
(ON APPEAL)
Judge:Tipton
First Paragraph:
The petitioner, Thomas Ray Dyer, appeals as of right from the Knox
County Criminal Court's order dismissing his petition for
post-conviction relief as untimely filed. The petitioner asserts that
his illiteracy should serve as a basis for waiving the statute of
limitations. We disagree.
URL:http://www.tba.org/tba_files/TCCA/dyertr_opn.WP6
STATE OF TENNESSEE
vs.
HENRY CLAYTON GILLIAM
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Greg W. Eichelman John Knox Walkup
District Public Defender Attorney General of Tennessee
and and
R. Russell Mattocks Janis L. Turner
Assistant Public Defender Asst. Attorney General of Tennessee
1609 College Park Drive, Box 11 425 Fifth Avenue North
Morristown, TN 37813-1618 Nashville, TN 37243-0493
C. Berkeley Bell, Jr.
District Attorney General
109 S. Main Street, Suite 501
Greeneville, TN 37743
and
John Douglas Godbee
Asst. District Attorney General
Main Street
Hawkins County Courthouse
Rogersville, TN 37857
Judge:Tipton
First Paragraph:
The defendant, Henry Clayton Gilliam, appeals as of right from his
conviction by a jury in the Hawkins County Criminal Court for driving
under the influence, second offense, a Class A misdemeanor. The trial
court sentenced the defendant to eleven months and twenty-nine days in
the county jail, seventy-five percent to be served before release. It
imposed a fine of one thousand five hundred and ten dollars. The
defendant contends that the evidence is insufficient to support his
conviction and his sentence is excessive. We affirm the judgment of
conviction.
URL:http://www.tba.org/tba_files/TCCA/gilliamh_opn.WP6
GORDON SCOTT HOBBS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Gordon Scott Hobbs, Pro Se John Knox Walkup
# 94583 Attorney General of Tennessee
Route 4, Box 600 and
Pikeville, TN 37367 Todd R. Kelley
Asst. Attorney General of Tennessee
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, Gordon Scott Hobbs, appeals from the Hamilton County
Criminal Court's dismissal of his petition for post-conviction relief.
The petitioner contends he received ineffective assistance of counsel
because his counsel failed to introduce evidence of the petitioner's
Vietnam stress disorder, explosive disorder, and major depression.
The petitioner is presently serving life imprisonment in the custody
of the Department of Correction for first degree murder and assault
with intent to commit first degree murder. This is the petitioner's
sixth petition for post-conviction relief, all of which have been
denied. He has appealed two of the denials, both of which have been
affirmed by this court.
URL:http://www.tba.org/tba_files/TCCA/hobbsgs_opn.WP6
STATE OF TENNESSEE
vs.
JAMES SMITH, a.k.a.
JAMES E. MAXWELL
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Mark E. Stephens John Knox Walkup
District Public Defender Attorney General & Reporter
6th Judicial District
Georgia Blythe Felner
Paula R. Voss Assistant Attorney General
Julia Auer Criminal Justice Division
Assistant Public Defenders 450 James Robertson Parkway
1209 Euclid Avenue Nashville, TN 37243-0493
Knoxville, TN 37921
Randall Nichols
District Attorney General
and
Leon Franks
Asst. District Attorney General
400 Main Avenue
Knoxville, TN 37902
Judge:WADE
First Paragraph:
The defendant, James Smith, a.k.a. James E. Maxwell, appeals the trial
court's revocation of his community corrections sentence. The
following issues have been presented for review: (I) whether the
trial court should have held a hearing before the revocation of his
suspended sentence and imposition of greater sentences; and
(II) whether the judgment forms and orders reflect illegal
sentences. The judgment of revocation is affirmed; the sentences are
modified as provided herein.
URL:http://www.tba.org/tba_files/TCCA/smithj_opn.WP6
STATE OF TENNESSEE
vs.
MICHAEL WALLS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Philip A. Condra John Knox Walkup
District Public Defender Attorney General & Reporter
12th Judicial District
200 Betsy Pack Lisa A. Naylor
P.O. Box 220 Assistant Attorney General
Jasper, TN 37347 Criminal Justice Division
425 Fifth Avenue North
Nashville, TN 37243
Judge:BYERS
First Paragraph:
The defendant was convicted of aggravated assault in a jury trial. The
jury assessed a fine of $10,000.00 and the trial judge sentenced the
defendant to serve five years as a Range I, standard offender. The
defendant raises the following issues: 1. Is the judgment against the
Appellant void for failure of the indictment to allege an offense
under T.C.A. 39-13-102(c)? 2. Is the evidence, specifically on the
element of bodily injury, sufficient to support the verdict of guilt
on aggravated assault beyond a reasonable doubt? 3. Is the fine of
$10,000, the maximum for a class C felony, excessive? 4. Was the
sentence imposed in compliance with the provisions of T.C.A. 40-35-101
et seq? The judgment is affirmed.
URL:http://www.tba.org/tba_files/TCCA/wallsmic_cca.WP6
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