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TBALink Opinion-Flash
October 8, 1998 -- Volume #4 -- Number #145
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
TERRY L. BAKER VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: PAUL J. BRUNO JOHN KNOX WALKUP Washington Square Bldg. Attorney General & Reporter 222 Second Ave N,Ste 350M Nashville, TN 37201-1652 DEBORAH A. TULLIS Asst. District Attorney General Cordell Hull Bldg., 2nd Fl. 425 Fifth Ave., North Nashville, TN 37243 VICTOR S. JOHNSON, III District Attorney General MARY HAUSMAN Asst. District Attorney General Washington Square Bldg. 222 Second Ave., North, Suite 500 Nashville, TN 37201 Judge:PEAY First Paragraph: The petitioner pled guilty to six counts of drug charges in Davidson County case number 92-A-647 on May 16, 1995. He was sentenced as a Range I offender to concurrent ten year sentences to be served in the Community Corrections program. On January 19, 1996, the petitioner was found guilty of violating his community corrections sentence and the court increased his sentence from ten years to twenty years to serve. On December 11, 1996, the petitioner filed a petition for post-conviction relief. The petition was dismissed by the trial court on the grounds that it was filed outside the applicable statute of limitations. The petitioner now appeals and argues the post-conviction court erred when it dismissed the petition. We agree and reverse the judgment of the court below and remand this cause for a hearing on the merits of the petition. URL:http://www.tba.org/tba_files/TCCA/bakertl_opn.WP6
STATE OF TENNESSEE
VS.
CALVIN DEWAYNE BRANCH
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Roger K. Smith John Knox Walkup
104 Woodmont Blvd Attorney General & Reporter
Suite 115 425 Fifth Avenue, North
Nashville, TN 37205 Nashville, TN 37243-0493
Karen M. Yacuzzo
Assistant Attorney General
425 Fifth Avenue, North
Nashville, TN 37234-0493
Victor S. Johnson, III
District Attorney General
222 Second Avenue, North, Suite 500
Nashville, TN 37201-1649
James W. Milam
Assistant District Attorney General
222 Second Avenue, North, Suite 500
Nashville, TN 37201-1649
Judge:LAFFERTY
First Paragraph:
The defendant, Calvin Dewayne Branch, appeals as of right from his
convictions for driving without a driver's license and the knowing
possession of a handgun by a convicted felon by a jury in the Davidson
County Criminal Court. After a sentencing hearing, the trial court
sentenced the defendant to time served for driving without a driver's
license and to six years as a career offender for the knowing
possession of a handgun by a convicted felon. The defendant raises
four issues in this appeal: (1) whether the trial court erred in
charging the jury the Range 1 penalty provided for a Class E felony,
one year to two years, then subsequently, after the jury had retired,
recalling them and recharging them with the entire penalty range of a
Class E felony, one year to six years; (2) whether the defendant was
prejudiced by the conduct of the State and a witness for the State
alluding to the defendant's prior convictions during direct
examination; (3) whether the defendant was prejudiced by the State,
during closing argument, alluding to the defendant's not testifying;
and (4) whether the fine levied by the jury was excessive due to the
defendant's impoverished circumstances.
The judgment of the trial court is affirmed.
URL:http://www.tba.org/tba_files/TCCA/branchcd_opn.WP6
STATE OF TENNESSEE
VS.
EDWARD ANTHONY JOSLIN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
SAM WALLACE, SR. JOHN KNOX WALKUP
227 Second Ave., North Attorney General & Reporter
Nashville, TN 37201
TIMOTHY F. BEHAN
Asst. Attorney General
John Sevier Bldg.
425 Fifth Ave., North
Nashville, TN 37243-0493
VICTOR S. JOHNSON, III
District Attorney General
JOHN ZIMMERMANN
Asst. District Attorney General
Washington Sq., Suite 500
222 Second Ave., North
Nashville, TN 37201-1649
Judge:PEAY
First Paragraph:
A jury found the defendant guilty of conspiracy to possess with the
intent to deliver over seventy pounds of marijuana; two counts of
possession with the intent to deliver one-half ounce to ten pounds of
marijuana; and delivery of ten pounds, one gram to seventy pounds of
marijuana. The trial court imposed an effective sentence of
thirty-nine years incarceration, with a total fine of one hundred
sixty thousand dollars ($160,000). On appeal, the defendant presents
ten issues for review, most of which deal with the sufficiency of the
convicting evidence or the propriety of the defendant's sentence. We
affirm the defendant's convictions and sentence.
URL:http://www.tba.org/tba_files/TCCA/joslinea_opn.WP6
STATE OF TENNESSEE
VS.
MICHAEL W. ORMAN
Court:TCCA
Attorneys:
FOR THE APPELLANT:
THOMAS F. BLOOM
500 Church Street, 5th Floor
Nashville, Tennessee 37219
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
TIMOTHY BEHAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
VICTOR S. JOHNSON III
District Attorney General
ROGER D. MOORE
Assistant District Attorney General
Washington Square - Suite 500
222 Second Avenue North
Nashville, Tennessee 37021-1649
Judge:RILEY
First Paragraph:
The defendant was found guilty by a Davidson County jury of burglary
and theft of property over $1,000. The trial court sentenced
defendant to Range II sentences of six years on each count and ordered
them served consecutively for an effective twelve-year sentence. The
defendant contends that the trial court erred in finding and weighing
the enhancement and mitigating factors and in ordering the sentences
served consecutively instead of concurrently. After a thorough review
of the record, we affirm the sentence as imposed.
URL:http://www.tba.org/tba_files/TCCA/ormanm_opn.WP6
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