-
TBALink Opinion-Flash
October 14, 1998 -- Volume #4 -- Number #147
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.
- This Issue (IN THIS ORDER):
- 05-New Opinion(s) from the Tennessee Supreme Court
- 08-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
- 00-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
- 06-New Opinion(s) from the Tennessee Court of Appeals
- 17-New Opinion(s) from the Tennessee Court of Criminal Appeals
- 00-New Judicial Ethics Opinion(s)
- 00-New Formal Ethics Opinion(s) from the Board of Professional Responsibility
- 05-New Opinion(s) from the Tennessee Supreme Court
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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 Judge:PER CURIAM First Paragraph: It appearing to the Court that the original opinion in this case, filed September 14, 1998, inadvertently stated that mitigating circumstances must be proven beyond a reasonable doubt. Such a burden of proof is not required by the provisions of Tennessee Code Annotated Sections 39-13-204(e)(1) and 39-13-207(d). IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED that the attached opinion and judgment be, and the same hereby is, substituted for the opinion and judgment previously filed in this cause on September 14, 1998, without the further taxing of costs. URL:http://www.tba.org/tba_files/TSC/butler_ord.WP6
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
STATE OF TENNESSEE
VS.
NATHAN ALLEN CALLAHAN
Court:TSC
Attorneys:
FOR APPELLANT: FOR APPELLEE:
STEPHEN M. WALLACE JOHN KNOX WALKUP
Blountville Attorney General and Reporter
DARIAN B. TAYLOR
Assistant Attorney General
Nashville
Judge:HOLDER
First Paragraph:
We granted this appeal to decide whether a juvenile can
constitutionally waive the right to remain silent when the juvenile
has not been informed of the possibility of being prosecuted as an
adult. We hold that: (1) neither the Tennessee Constitution nor the
United States Constitution requires police officers to inform the
defendant that he may be prosecuted as an adult; and (2) juvenile
waivers shall be analyzed under a totality-of-the-circumstances test,
which requires consideration of factors consistent with those
enumerated in Fare v. Michael C., 442 U.S. 707, 724-25 (1979). The
decision of the Court of Criminal Appeals affirming the defendant's
conviction is affirmed.
URL:http://www.tba.org/tba_files/TSC/callahan_opn.WP6
FRANK CRITTENDEN
VS.
STATE OF TENNESSEE
Court:TSC
Attorneys:
PETER D. HEIL JOHN KNOX WALKUP
Nashville, TN Attorney General and Reporter
MICHAEL E. MOORE
Solicitor General
ELIZABETH T. RYAN
Assistant Attorney General
Nashville, TN
VICTOR S. JOHNSON, III
District Attorney General
WILLIAM REED
Assistant District Attorney General
Nashville, TN
Judge:BIRCH
First Paragraph:
In this post-conviction case, Frank Crittenden, the appellant, pleaded
guilty to eight counts of aggravated rape. After a sentencing
hearing, the trial court imposed an effective sentence of one hundred
years to the Department of Correction. Two issues are before this
Court: first, the appellant contends that the indictment upon which
he was convicted failed to allege a culpable mental state and, for
that reason, the trial court was without jurisdiction to enter
judgments of conviction; second, he insists that he did not have the
assistance of counsel and consequently failed to file a notice of
appeal. Hence, he seeks a delayed appeal.
URL:http://www.tba.org/tba_files/TSC/Crittenf_opn.WP6
THE CITY OF WHITE HOUSE
VS.
LAWRENCE RAY WHITLEY,
District Attorney General for the
Eighteenth Judicial District of the State of
Tennessee, JOHN CARNEY, District
Attorney General for the Nineteenth Judicial
District of the State of Tennessee and STATE OF TENNESSEE,
Appellees,
And
TAYLOR (TED) EMERY, Sheriff for Robertson
County, Tennessee; J.D. VANDERCOOK,
Sheriff for Sumner County, Tennessee
Court:TSC
Attorneys:
FOR APPELLANT: FOR AMICUS CURIAE: FOR APPELLEES:
City of White House NonLawyer General Whitley & Carney
David Amonette Sessions Judges of John Knox Walkup
Gallatin, Tennessee Claiborne, Greene, Atty General & Reporter
Lake and Obion Counties
Douglas T. Jenkins
Rogersville, Tennessee Michael E. Moore
Solicitor General
And
Gordon W. Smith
W. Lewis Jenkins, Jr. Assoc Solicitor General
WILKERSON, GAULDIN Nashville, Tennessee
& HAYES
Dyersburg, Tennessee
Judge:DROWOTA
First Paragraph:
In this appeal, we are confronted with the question of whether Article
I, Section 8 of the Tennessee Constitution precludes non-attorney
judges from presiding over trials of criminal offenses which are
punishable by incarceration. We have determined that individuals
charged with a criminal offense punishable by incarceration are
constitutionally entitled to have an attorney judge preside at the
trial. However, this right may be waived in a manner consistent with
the provisions of Rule 5(c), Tenn. R. Crim. P. The principles
announced herein apply to (1) all cases tried or retried after the
date of this opinion, and (2) to all cases on appeal in which the due
process issue has been raised in the trial court and preserved as a
ground for appeal. Accordingly, the judgment of the Court of Appeals
is affirmed.
URL:http://www.tba.org/tba_files/TSC/whitehc_opn.WP6
RICHARD LEE BENNETT
VS.
BRIDGESTONE, U.S.A., INC.
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Wm. Kennerly Burger Kitty Boyte
SunTrust Bank Building Kimbra Spann
Suite 306 150 Second Avenue North
201 E. Main Street Suite 201
P. O. Box 1969 Nashville, TN 37201
Murfreesboro, TN 37133-1969
Judge:INMAN
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. The issue in
this case is whether the trial judge properly dismissed the complaint
owing to the failure of the plaintiff to prove by a preponderance of
all the evidence that his disability was job-related. Review of the
findings of fact made by the trial court is de novo upon the record of
the trial court, accompanied by a presumption of the correctness of
the finding, unless the preponderance of the evidence is otherwise.
Tenn. Code Ann. S 50-6- 225(e)(2). Stone v. City of McMinnville, 896
S.W.2d 548, 550 (Tenn. 1995).
URL:http://www.tba.org/tba_files/TSC_WCP/bennettr_opn.WP6
WILLIE GOOCH
VS.
McKINNON BRIDGE COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
For Appellant: For Appellee:
Michael L. Weinman James H. Tucker, Jr.
Tatum, Tatum & Weinman Manier & Herod
Henderson, Tennessee Nashville, Tennessee
Judge:LOSER
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. section 50-6-225(e) for hearing and reporting of
findings of fact and conclusions of law. The issue on appeal is
whether the denial of the employee's motion to set aside the workers'
compensation settlement was an abuse of discretion. As discussed
below, the panel has concluded the trial court did not err and that
the trial court's action should be affirmed.
URL:http://www.tba.org/tba_files/TSC_WCP/goochw_opn.WP6
SANDRA GAIL HOLMES
VS.
BRIDGESTONE/FIRESTONE, INC.
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Kitty Boyte Susan K. Bradley
GRACEY, RUTH, HOWARD, WILSON & BRADLEY
TATE & SOWELL 6 Public Square North
150 Second Avenue North, Murfreesboro, TN 37130
Suite 201
Nashville, TN 37201
Judge:INMAN
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.
URL:http://www.tba.org/tba_files/TSC_WCP/holmess_opn.WP6
BONNIE MAE DOS KNUTSON
VS.
DOLLAR GENERAL CORPORATION
Court:TSC - Workers Comp Panel
Attorneys:
FOR THE APPELLANTS: FOR THE APPELLEE:
JOHN THOMAS FEENEY CHARLES L. HICKS
CATHERINE L. GRANT 9 N. Court Square
FEENEY & LAWRENCE P. O. BoX 957
P. O. Box 198685 Camden, Tennessee 38320
Nashville, Tennessee 37219-8685
Judge:RUSSELL
First Paragraph:
This appeal in a workers' compensation case has been referred to the
Special Workers' Compensation Appeals Panel of the Supreme Court in
accordance with Tennessee Code Annotated Section 50-6-225 (e)(3) for
hearing and reporting to the Supreme Court of findings of fact and
conclusions of law.
URL:http://www.tba.org/tba_files/TSC_WCP/knutsonb_opn.WP6
WILLIAM RANDY LITTRELL and
ANITA CAROL LITTRELL, surviving
kin and heirs at law and administrators
of the Estate of EDITH CAROLYN LITTRELL
VS.
LAWRENCE COUNTY ADVOCATE, INC.
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
D. Randall Mantooth Paul A. Bates
LEITNER, WILLIAMS, DOOLEY Christopher V. Sockwell
& NAPOLITAN, PLLC BOSTON, BATES, HOLT
2300 First American Center & SOCKWELL
Nashville, TN 37238-2300 235 Waterloo St.
P. O. Box 357
Lawrenceburg, TN 38464
Judge:INMAN
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.
URL:http://www.tba.org/tba_files/TSC_WCP/littrell_opn.WP6
RICHARD MAY
VS.
LIBERTY MUTUAL INSURANCE COMPANY and SOUTHERN
MANUFACTURING GROUP
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Jerry R. Humphreys Frank D. Farrar
P. O. Box 190609 102 Scottsville Hwy.
150 Second Avenue, North P. O. Box 280
Suite 225 Lafayette, TN 37083
Nashville, TN 37219-8125
Judge:INMAN
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.
URL:http://www.tba.org/tba_files/TSC_WCP/mayr_opn.WP6
DANNY E. RAY
VS.
THE YASUDA FIRE & MARINE INSURANCE COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Donald D. Zuccarello D. Brett Burrow
Suite 206, Washington Square Suite 2600, The Tower
222 Second Avenue North 611 Commerce Street
Nashville, TN 37201 P. O. Box 23890
Nashville, TN 37202-3890
Judge:INMAN
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.
URL:http://www.tba.org/tba_files/TSC_WCP/rayd_opn.WP6
KENNETH M. WARD
VS.
TANGENT INDUSTRIES
Court:TSC - Workers Comp Panel
Attorneys:
For the Appellant: For the Appellee:
Jerry R. Humphreys Tom McFarland
P. O. Box 190609 925 N. Kentucky Street
150 Second Ave, N, Ste. 225 P. O. Box 12
Nashville, TN 37219-0609 Kingston, TN 37763
Judge:INMAN
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann. S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law.
URL:http://www.tba.org/tba_files/TSC_WCP/wardk_opn.WP6
ATS, INC.
VS.
JAMES CURTIS KENT and GEORGE V. KENNEY and BILL R.
McLAUGHLIN, Trustees for UNION PLANTERS NATIONAL BANK,
Defendants and Third Party Plaintiffs/Appellees,
VS.
KEITH M. CANFIELD
Third Party Defendant and Cross-Plaintiff/Appellee,
VS.
MID-SOUTH TITLE INSURANCE CORPORATION and LAWYERS
TITLE INSURANCE CORPORATION
Cross-Defendants-Appellees.
Court:TCA
Attorneys:
Harold D. Mangrum, MANGRUM & MANGRUM, Memphis, Tennessee
Attorney for Plaintiff/Appellant.
Oscar C. Carr, III, GLANKLER BROWN, PLLC, Memphis, Tennessee
Attorney for Defendants/Third Party-Plaintiffs/Appellees.
Stephen R. Leffler, Memphis, Tennessee
Attorney for Third Party Defendant/Cross-Plaintiff/Appellee.
R. Mark Glover, BAKER, DONELSON, BEARMAN & CALDWELL, Memphis, Tenn
Attorney for Cross-Defendants/Appellees.
Judge:FARMER
First Paragraph:
This appeal involves the enforcement of a judgment lien where,
subsequent to the attachment of the judgment lien, the encumbered real
property was sold to a buyer who simultaneously granted a purchase
money mortgage to a financial institution.
URL:http://www.tba.org/tba_files/TCA/Ats_opn.WP6
JAMIE HAMILTON and wife BONNIE HAMILTON
VS.
GARY COOK, KEN DYKES, ANDY TWEED, WADE HENDRON, FRANK
EVANS, TENNESSEE WILDLIFE RESOURCES AGENCY, TENNESSEE
WILDLIFE RESOURCES COMMISSION, HAROLD HURST, BRIAN THOMPSON,
LARRY THURSTON, JEFF MARTIN, and PAUL BROWN
Court:TCA
Attorneys:
Vincent A. Sikora, THE SIKORA LAW FIRM, Piney Flats, Tennessee
Attorney for Plaintiffs/Appellants.
John Knox Walkup, Attorney General and Reporter
Elizabeth P. McCarter, Senior Counsel
Attorneys for Defendants/Appellees.
Judge:FARMER
First Paragraph:
Plaintiffs Jamie and Bonnie Hamilton, husband and wife, appeal the
trial court's final judgment dismissing their claims for declaratory
and injunctive relief against Defendants/Appellees Tennessee Wildlife
Resources Agency and Tennessee Wildlife Resources Commission and
dismissing their civil rights claim against other Defendants/Appellees
who are employees of the Tennessee Wildlife Resources Agency. We
affirm in part and reverse in part the trial court's judgment.
URL:http://www.tba.org/tba_files/TCA/hamiltja_opn.WP6
JIMMY HAWKINS
VS.
DENNIS ELLIS
Court:TCA
Attorneys:
JOE H. BYRD, JR.
Jackson, Tennessee
Attorney for Appellant
TERRY ABERNATHY
Selmer, Tennessee
Attorney for Appellee
Judge:HIGHERS
First Paragraph:
Defendant/appellant, Dennis Ellis ("appellant"), appeals the judgment
of the trial court awarding plaintiff/appellee, Jimmy Hawkins, Sr.
("appellee"), a net judgment of $28,867.64 and an equitable lien on
the subject real estate until payment of the judgment. For reasons
stated hereinafter, we affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCA/hawkinsj_opn.WP6
MAX NORTON and LONG OUTDOOR ADVERTISING
VS.
JOHN A. McCASKILL d/b/a CITY SIGN COMPANY
Court:TCA
Attorneys:
James T. Ryal, Jr.; Adams, Ryal & Flippin of Humboldt
For Appellant
Larry A. Butler, Justin S. Gilbert; Spragin, Barnett,
Cobb & Butler, PLC of Jackson
For Appellees
Judge:CRAWFORD
First Paragraph:
This appeal involves a dispute over the duration of a lease.
Defendant John A. McCaskill (McCaskill), doing business as City Sign
Company (City Sign), appeals the Chancellor's order granting partial
summary judgment to plaintiffs Max Norton (Norton) and Long Outdoor
Advertising (LOA).
URL:http://www.tba.org/tba_files/TCA/Nortonma_opn.WP6
STATE OF TENNESSEE
VS.
MELISSA ANN SWEAT
Court:TCA
Attorneys:
For the Appellant: For the Appellee:
Shawn G. Graham John Knox Walkup
Asst. District Public Defender Attorney General and Reporter
419 High Street
Maryville, TN 37804 Todd R. Kelley
Assistant Attorney General
Criminal Justice Division
Raymond Mack Garner 425 Fifth Avenue North
District Public Defender 2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Michael L. Flynn
District Attorney General
Philip Morton
Asst. District Attorney General
363 Court Street
Maryville, TN 37804
Judge:HAYES
First Paragraph:
In 1995, the appellant was convicted of facilitation of aggravated
burglary and facilitation of theft, in case C-8870. Pursuant to a
plea agreement, the trial court imposed an effective sentence of two
years. The appellant was ordered to serve twenty-eight days of
periodic weekend confinement followed by placement in the Community
Corrections program for the remainder of her sentence.
URL:http://www.tba.org/tba_files/TCA/sweatme_opn.WP6
RANDY ALBERT WATKINS
VS.
VICKI LYNN (SMITH) WATKINS
Court:TCA
Attorneys:
For the Plaintiff/Appellant: For the Defendant/Appellee:
Patricia L. Penn Donna M. Fields
Memphis, Tennessee Memphis, Tennessee
Judge:LILLARD
First Paragraph:
This is an interstate child custody dispute. The child's father and
mother were first divorced in Tennessee with custody awarded to the
father. The parents reconciled, and remarried, later divorcing again
in an Arkansas court. Custody was awarded to the mother. After a
dispute over visitation, the father utilized an order from the prior
Tennessee divorce to physically remove the children to Tennessee with
him. The father was ordered by the Tennessee trial court to return
the children to their mother, and appeals from this order. We affirm.
URL:http://www.tba.org/tba_files/TCA/watkinsr_opn.WP6
STATE OF TENNESSEE
VS.
CHARLES DAVID BARRIER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DANIEL L. SMITH JOHN KNOX WALKUP
614 Main Street Attorney General and Reporter
Savannah, TN 38372
CLINTON J. MORGAN
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243
ROBERT RADFORD
District Attorney General
JOHN OVERTON
Assistant District Attorney General
Hardin County Courthouse
Savannah, TN 38372
Judge:WELLES
First Paragraph:
The Defendant was convicted on a jury verdict of driving while under
the influence, second offense. In this appeal he argues that the
evidence introduced against him is insufficient to support his
conviction. We disagree and affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/barriecd_ord.WP6
STATE OF TENNESSEE
VS.
JOEY D. BIDWELL
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Carol Ann Barron John Knox Walkup
Attorney Attorney General & Reporter
264 Third Avenue
Dayton, TN 37321 Ellen H. Pollack
(at motion to withdraw Assistant Attorney General
and on appeal) 425 Fifth Avenue North
Nashville, TN 37243-0493
Will Dunn
Assistant District Attorney General
First American Bank Building
Third and Market Streets
Dayton, TN 37321
Judge:WADE
First Paragraph:
The defendant, Joey D. Bidwell, appeals the trial court's denial of
his motion to withdraw his pleas of nolo contendere to two counts of
vehicular assault, a Class D felony. Tenn. Code Ann. S 39-13-106.
The issue presented for review is whether the trial court should have
permitted withdrawal of his pleas. We affirm the judgment of the
trial court.
URL:http://www.tba.org/tba_files/TCCA/bidwlljd_opn.WP6
STATE OF TENNESSEE
VS.
BILLY BIVENS
WITH CONCURRING OPINION
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DONALD B. REID JOHN KNOX WALKUP
10 West Madison Avenue Attorney General and Reporter
P.O. Box 628
Athens, TN 37371-0628 CLINTON J. MORGAN
Assistant Attorney General
425 5th Avenue North
Nashville, TN 37243-0493
JERRY N. ESTES
District Attorney General
Washington Avenue
Athens, TN 37303
Judge:WELLES
First Paragraph:
The Defendant, Billy Bivens, appeals from his convictions for official
misconduct in violation of Tennessee Code Annotated S 39-16-402 and
assault in violation of S 39-13-101. The trial court entered judgment
on both convictions on May 30, 1997, and Defendant filed a Motion for
a New Trial and/or Acquittal on April 11, 1997. Because this motion
has not yet been granted or denied, Defendant's appeal is not properly
before this Court. We therefore dismiss the appeal for absence of a
final judgment.
URL:http://www.tba.org/tba_files/TCCA/bivensbi_opn.WP6
CONCURRING
URL:http://www.tba.org/tba_files/TCCA/bivensb_con.WP6
STATE OF TENNESSEE
VS.
RICKY RAYMOND BRYAN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GERALD L. MELTON JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
201 West Main St., Suite 101
Murfreesboro, TN 37130 LISA A. NAYLOR
(On Retrial and On Appeal) Asst. Attorney General
John Sevier Bldg.
BRAD W. HORNSBY 425 Fifth Ave., North
P.O. Box 398 Nashville, TN 37243-0493
Murfreesboro, TN 37133-0398
(At First Trial) WILLIAM WHITESELL
District Attorney General
Third Floor Judicial Bldg.
Murfreesboro, TN 37130
Judge:PEAY
First Paragraph:
The defendant was indicted for and found guilty of first-degree
murder. Following a hearing, the defendant was sentenced to life
imprisonment. In this appeal as of right, the defendant presents the
following issues for review:
URL:http://www.tba.org/tba_files/TCCA/bryanrr_opn.WP6
STATE OF TENNESSEE
VS.
EDDIE L. COLEY, JR.
WITH CONCURRING AND DISSENTING OPINIONS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN HENDERSON JOHN KNOX WALKUP
Public Defender Attorney General & Reporter
VANESSA PETTIGREW BRYAN KAREN M. YACUZZO
LARRY D. DROLSUM Asst. Attorney General
Asst. Public Defenders John Sevier Bldg.
P.O. Box 68 425 Fifth Ave., North
Franklin, TN 37065-0068 Nashville, TN 37243-0493
JOE D. BAUGH
District Attorney General
MARK PURYEAR
DEREK SMITH
Asst. District Attorneys General
P.O. Box 937
Franklin, TN 37064
Judge:
First Paragraph:
The defendant was indicted for aggravated robbery, a class B felony.
His first trial resulted in a hung jury. Upon retrial, the jury
convicted him as charged. Following a sentencing hearing, he was
sentenced as a Range I standard offender to twelve years
incarceration, the maximum sentence. The defendant now appeals,
arguing that the trial court erred in excluding expert testimony
regarding eyewitness identification, that the convicting evidence was
insufficient as a matter of law, and that his sentence was excessive
because the trial court failed to give due weight to certain
mitigating factors. We affirm.
URL:http://www.tba.org/tba_files/TCCA/coleyel_opn.WP6
CONCURRING
URL:http://www.tba.org/tba_files/TCCA/coleyel_con.WP6
DISSENTING
URL:http://www.tba.org/tba_files/TCCA/coleyel_dis.WP6
EARL E. COLLIER
VS.
STATE OF TENNESSEE,
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
Albert J. Newman, Jr. John Knox Walkup
Suite 500 Burwell Bldg. Attorney General and Reporter
602 South Gay Street
Knoxville, Tennessee 37902 Janis L. Turner
Counsel for the State
Criminal Justice Division
Cordell Hull Bldg. Second Floor
425 Fifth Avenue, North
Nashville, Tennessee 37243-0493
Randall E. Nichols
District Attorney General
City-County Building
Knoxville, TN 37902
Judge:SMITH
First Paragraph:
The Appellant filed the instant appeal to preserve his rights to
post-conviction relief in the event the Tennessee Supreme Court were
to rule that the case of State v. Anthony, 817 S.W.2d 299 (Tenn.
1991), announced a new constitutional rule which requires retroactive
application. In fact our Supreme Court has now held that Anthony did
not announce a new constitutional rule. Moore v. State, 943 S.W.2d
878 (Tenn. 1997). The Appellant now acknowledges that his petition
for post-conviction relief is time-barred and that the trial court was
correct in dismissing it. The State agrees.
URL:http://www.tba.org/tba_files/TCCA/colliear_opn.WP6
STATE OF TENNESSEE
VS.
JOHNNY DAVIDSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN E. HERBISON JOHN KNOX WALKUP
2016 Eighth Avenue South Attorney General and Reporter
Nashville, TN 37204
TIMOTHY F. BEHAN
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
MIKE BOTTOMS
District Attorney General
WILLIAM C. BRIGHT
Assistant District Attorney
809 South Main Street
Suite 200
Columbia, TN 38401
Judge:SMITH
First Paragraph:
On August 14, 1996, the Appellant, Johnny Davidson, pleaded guilty to
four counts of selling cocaine, one count of selling marijuana, and
one count of evading arrest. As a result, the Appellant received an
effective sentence of twelve years unsupervised probation with the
special condition that the Appellant contact the judge or his
probation officer before re-entering the State of Tennessee. On May
9, 1997, the trial court revoked his probation. On appeal, the
Appellant raises the following issues for review:
URL:http://www.tba.org/tba_files/TCCA/davidjoh_opn.WP6
STATE OF TENNESSEE
VS.
LARRY DIXON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
MICHAEL R. JONES JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
110 Sixth Avenue, West
Springfield, TN 37172 KAREN YACUZZO
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
JOHN WESLEY CARNEY, JR.
District Attorney General
DENT MORRISS
Assistant District Attorney General
500 South Main Street
Springfield, TN 37172
Judge:WOODALL
First Paragraph:
The Defendant, Larry Dixon, appeals as of right his conviction of
especially aggravated sexual exploitation of a minor. He was
convicted following a bench trial in the Robertson County Circuit
Court. The trial court subsequently sentenced Defendant to ten (10)
years as a Range I Standard Offender. In this appeal, Defendant
raises the following issues:
URL:http://www.tba.org/tba_files/TCCA/dixonl_opn.WP6
STATE OF TENNESSEE
VS.
RACHEL MARIE GREEN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JEFFREY A. DeVASHER (on appeal) JOHN KNOX WALKUP
Assistant Public Defender Attorney General & Reporter
WENDY S. TUCKER (at trial) KATHY MORANTE
Assistant Public Defender Assistant Attorney General
425 5th Avenue North
KARL F. DEAN (at trial) Nashville, TN 37243
Metro Public Defender
VICTOR S. JOHNSON
1202 Stahlman Building District Attorney General
Nashville, TN 37201
STEVE DOZIER
Assistant District Attorney General
Washington Square, Suite 500
222-2nd Avenue North
Nashville, TN 37201-1649
Judge:WELLES
First Paragraph:
The Defendant, Rachel Marie Green, appeals as of right pursuant to
Rule 3 of the Tennessee Rules of Appellate Procedure. She was
convicted by a Davidson County jury of facilitation of second degree
murder and facilitation of attempted second degree murder. The trial
court sentenced her as a Range I standard offender to concurrent terms
of ten years imprisonment for facilitation of second degree murder and
five years imprisonment for facilitation of attempted second degree
murder. In this appeal, the Defendant raises the following seven
issues for our consideration:
URL:http://www.tba.org/tba_files/TCCA/greenrm_opn.WP6
STATE OF TENNESSEE
VS.
MARK GRIFFIS
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Joe Walker John Knox Walkup
Walter B. Johnson, II Attorney General and Reporter
P. O. Box 334
Harriman, TN 37748 Todd R. Kelley
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Charles E. Hawk
District Attorney General
Dennis Humphrey
Asst. District Attorney General
P. O. Box 703
Kingston, TN 37763
Judge:HAYES
First Paragraph:
The appellant, Mark Griffis, appeals the judgments of the Criminal
Courts of Roane and Morgan Counties revoking his placement in the
local Community Corrections program. Prior to his revocation, the
appellant was serving an eight year Community Corrections sentence
from Roane County and a three year Community Corrections sentence from
Morgan County. The appellant argues, on appeal, that the conditions,
which he does not deny violating, were merely technical in nature,
thus, the trial court's revocation of his Community Corrections
sentences constituted an abuse of discretion.
After review, we affirm.
URL:http://www.tba.org/tba_files/TCCA/griffism_opn.WP6
CHRISTOPHER HENDERSON
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES ROBIN MCKINNEY, JR. JOHN KNOX WALKUP
One Washington Square Attorney General and Reporter
Suite 103
214 Second Avenue North DARYL J. BRAND
Nashville, TN 37201 Senior Counsel
KIM R. HELPER
Legal Assistant
425 Fifth Avenue North
Nashville, TN 37243-0493
VICTOR S. JOHNSON
District Attorney General
ROGER MOORE
Assistant District Attorney
500 Washington Square
222 Second Avenue North
Nashville, TN 37201
Judge:SMITH
First Paragraph:
On May 6, 1994, Appellant, Christopher Henderson, pled guilty to
especially aggravated robbery and aggravated assault. The Davidson
County trial court sentenced Appellant to twenty-five years on the
especially aggravated robbery conviction and six years on the
aggravated assault conviction. The trial court ordered that the
sentences served concurrently with each other but consecutively to a
ten-year sentence Appellant was serving in Wisconsin. Appellant filed
a pro se Petition for Post-Conviction Relief on July 8, 1996; counsel
was appointed, and an amended petition was filed on November 27, 1996
which stated that Appellant's rights were violated by trial counsel's
failure to adequately investigate Appellant's case, as well as by
misinformation supplied to Appellant by counsel regarding his release
eligibility date. Appellant appeals from the trial court's dismissal
of his petition.
URL:http://www.tba.org/tba_files/TCCA/hendechr_opn.WP6
REGINALD HENDRIX
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN B. BLAIR, III JOHN KNOX WALKUP
211 Union St., Suite 915 Attorney General & Reporter
Nashville, TN 37201
LISA A. NAYLOR
Asst. Attorney General
John Sevier Bldg.
425 Fifth Ave., North
Nashville, TN 37243-0493
VICTOR S. JOHNSON, III
District Attorney General
MARY HAUSMAN
Asst. District Attorney General
222 Second Ave., North, Suite 500
Nashville, TN 37201-1649
Judge:PEAY
First Paragraph:
The petitioner filed a petition for post-conviction relief, arguing
that but for his attorney's failure to advise him of his right to
appeal after the sentencing hearing, he would have appealed from the
sentence imposed and likely succeeded. Following a hearing, the trial
court denied the petition, and the petitioner now appeals. After a
review of the record, we agree with the petitioner and reverse the
action of the trial court.
URL:http://www.tba.org/tba_files/TCCA/hendrixr_opn.WP6
STATE OF TENNESSEE
VS.
GEORGE BLAKE KELLY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DAVID L. RAYBIN (on appeal) JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
2210 SunTrust Center
424 Church St. KAREN YACUZZO
Nashville, TN 37219 Asst. Attorney General
425 Fifth Ave. North
BERNARD K. SMITH (at trial) 2d Floor, Cordell Hull Bldg.
Attorney at Law Nashville, TN 37243-0493
P.O. Box 490
McMinnville, TN 37110 WILLIAM M. LOCKE
District Attorney General
JOHN MELTON (at trial)
Attorney at Law LARRY ROSS
P.O. Box 446 ROBERT W. BOYD, JR.
Woodbury, TN 37190-0160 Asst. District Attorneys General
Professional Building
McMinnville, TN 37110
Judge:WITT
First Paragraph:
The defendant, George Blake Kelly, appeals from his convictions of
second-degree murder, vehicular assault, reckless driving,
third-offense driving under the influence, and driving on a revoked
license. Following a trial by jury, Kelly was found guilty of
second-degree murder, vehicular homicide by intoxication, vehicular
homicide by recklessness, vehicular assault by intoxication, reckless
driving and third-offense DUI. He pleaded guilty to driving on a
revoked license before the issue was submitted to the jury. The court
imposed judgments of conviction for second-degree murder, vehicular
assault, reckless driving, third- offense DUI and driving on a revoked
license. Kelly is presently serving a sentence of 30 years, 11 months
and 29 days, which consists of the maximum sentences for each of his
offenses stacked consecutively to each other. In this direct appeal,
he raises ten issues for our consideration:
URL:http://www.tba.org/tba_files/TCCA/kellygb_opn.WP6
DANNY R. KING
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Dwight E. Scott John Knox Walkup
4024 Colorado Avenue Attorney General and Reporter
Nashville, TN 37209
Lisa A. Naylor
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Judge:HAYES
First Paragraph:
The appellant, Danny R. King, appeals the Davidson County Criminal
Court's dismissal of his petition for writ of habeas corpus. The
appellant was originally indicted by the Williamson County Grand Jury
for aggravated rape and aggravated kidnapping. On December 20, 1982,
he was convicted of both counts and received two concurrent life
sentences. He filed a pro se petition for writ of habeas corpus in
January 1997, which was subsequently amended after counsel was
appointed. Thereafter, appellant's counsel filed a second amended
petition. The trial court dismissed the appellant's petition finding
the challenges to the indictment were waived under Tenn. R. Crim. P.
12(b)(2) and (f) and pre-1989 offenses were not determined according
to State v. Hill, 954 S.W.2d 725 (Tenn. 1997). The trial court also
found the jury instruction was still valid law in Tennessee. The
appellant presents four issues for our review:
URL:http://www.tba.org/tba_files/TCCA/kingdr_opn.WP6
STATE OF TENNESSEE
VS.
SHARON LEMING
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Lionel R. Barrett, Jr. John Knox Walkup
Washington Square Two Attorney General of Tennessee
222 2nd Avenue, North and
Nashville, TN 37201 Ellen H. Pollack
Assistant Attorney General of Tennessee
450 James Robertson Parkway
Nashville, TN 37243-0493
Dan Mitchum Alsobrooks
District Attorney General
Court Square, P.O. Box 869
Charlotte, TN 37036
and
George C. Sexton
Assistant District Attorney General
Humphreys County Courthouse
Waverly, TN 37185
Judge:TIPTON
First Paragraph:
The defendant, Sharon Leming, was convicted by a jury in the Humphreys
County Circuit Court of first degree murder. The defendant received a
sentence of life imprisonment in the custody of the Department of
Correction. In this appeal as of right, the defendant presents the
following issues for our review:
URL:http://www.tba.org/tba_files/TCCA/lemings_opn.WP6
STATE OF TENNESSEE
VS.
CARLOS LAMONT MARTIN
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
D. Clifton Barnes John Knox Walkup
Asst District Public Defender Attorney General and Reporter
Third Judicial District
1609 College Park Dr, Box 11 Michael J. Fahey, II
Morristown, TN 37813 Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
Greg W. Eichelman 2d Floor, Cordell Hull Building
District Public Defender Nashville, TN 37243-0493
C. Berkeley Bell, Jr.
District Attorney General
Eric D. Christiansen
Asst. District Attorney General
109 South Main Street
Greeneville, TN 37743
Judge:HAYES
First Paragraph:
The appellant, Carlos Lamont Martin, appeals as of right his
conviction for possession of a schedule II controlled substance, a
class A misdemeanor. Following a jury trial, the Greene County
Criminal Court sentenced the appellant to eleven months and
twenty-nine days with a release eligibility of seventy-five percent.
In this appeal, the appellant contends that the evidence is
insufficient to support his conviction and that the sentence imposed
by the trial court is excessive.
URL:http://www.tba.org/tba_files/TCCA/martincl_opn.WP6
STATE OF TENNESSEE
VS.
SARA LEIGHANE WISDOM
WITH DISSENTING OPINION
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
VICKI H. HOOVER JOHN KNOX WALKUP
123 N. Poplar St., Ste A Attorney General & Reporter
Paris, TN 39242
MARVIN E. CLEMENTS
Asst. Attorney General
John Sevier Bldg.
425 Fifth Ave., North
Nashville, TN 37243-0493
ROBERT "GUS" RADFORD
District Attorney General
TODD A. ROSE
Asst. District Attorney General
P.O. Box 686
Huntingdon, TN 38344
Judge:PEAY
First Paragraph:
Following a jury trial in March 1997, the defendant was convicted of
one count of aggravated burglary, which is a Class C felony, and one
count of theft of property over one thousand dollars ($1,000), which
is a Class D felony. The jury assessed a fine of five thousand
dollars ($5,000) for the burglary conviction and a fine of three
thousand dollars ($3,000) for the theft conviction. The trial court
sentenced the defendant to three years for the aggravated burglary
conviction, one year in confinement and the balance on Community
Corrections. For the theft conviction, the defendant was sentenced to
two years, one year in continuous confinement and the balance on
Community Corrections. The sentences were ordered to run concurrently
with one another.
URL:http://www.tba.org/tba_files/TCCA/wisdomsl_opn.WP6
DISSENT:
URL:http://www.tba.org/tba_files/TCCA/wisdomsl_con.WP6
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