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 TCCA
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Lucian T. Pera
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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