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.
- 00-New Opinion(s) from the Tennessee Supreme Court
- 00-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
- 00-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
- 00-New Opinion(s) from the Tennessee Court of Appeals
- 07-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
There are three ways to get the full opinion from the Web: (TBALink members only)
Lucian T. Pera
STATE OF TENNESSEE VS. SHIRLEY DOUBLE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN C. HEATH JOHN KNOX WALKUP P. O. Box 737 Attorney General and Reporter Livingston, TN 38570 CLINTON J. MORGAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 BILL GIBSON District Attorney General OWEN G. BURNETT Assistant District Attorney P. O. Box 706 Livingston, TN 38570 Judge:SMITH First Paragraph: Appellant Shirley Double was convicted by a jury on June 19, 1996 in the Overton County Criminal Court of aggravated burglary, theft over $1,000.00, conspiracy to commit aggravated burglary, and conspiracy to commit theft over $1,000.00. The four judgments were entered on October 1, 1996. As a Range I standard offender, Appellant received the following concurrent sentences and fines. (1) For the aggravated burglary conviction, Appellant was sentenced to six years incarceration with the Tennessee Department of Correction, received a $1,500.00 fine, and was ordered to pay $2,000.00 restitution to Mr. Gerald Windle, the victim. (2) On the conviction for theft over $1,000.00, the trial court sentenced Appellant to four years imprisonment and assessed a $250.00 fine. (3) For conspiracy to commit aggravated burglary, Appellant was sentenced to four years incarceration and fined $500.00. (4) On the conviction for conspiracy to commit theft over $1,000.00, the trial court sentenced Appellant to two years incarceration and imposed a $250.00 fine. Appellant presents the following issues for our consideration on this direct appeal: (1) whether the trial court erred in denying Appellant's motion for judgment of acquittal as to conspiracy to commit aggravated burglary and conspiracy to commit theft over $1,000.00; and (2) whether the evidence was insufficient to sustain Appellant's conviction for aggravated burglary. URL:http://www.tba.org/tba_files/TCCA/doublesh_opn.WP6 STATE OF TENNESSEE VS. WILLIAM JOEL HAITHCOTE, II Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: John H. Norton, III John Knox Walkup Norton & Smith Attorney General & Reporter One on the Square Shelbyville, TN 37160 Timothy Behan Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 William Michael McCown District Attorney General Robert G. Crigler Assistant District Attorney General One Public Square, Suite 101 Shelbyville, TN 37160 Judge:SUMMERS First Paragraph: In August 1996, William Joel Haithcote II, was indicted for possession of cocaine with intent to sell, the manufacture of "crack" cocaine, possession of marijuana, and possession of drug paraphernalia. The trial court denied the appellant's motion to suppress evidence seized from his home pursuant to a search warrant. The appellant pled guilty to possession of cocaine with intent to sell; the state dismissed the other charges. Pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(I), the appellant certified the question of the validity of the search warrant to this Court. The appellant states the issue for our review as follows: whether the affidavit submitted in support of the search warrant demonstrates that Officer Wilkerson had a reasonable basis for believing that crack cocaine was being prepared in the appellant's kitchen. The judgment of the trial court is affirmed. URL:http://www.tba.org/tba_files/TCCA/haithcot_opn.WP6 STATE OF TENNESSEE VS. FRANK WAYNE HILL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREGORY D. SMITH JOHN KNOX WALKUP One Public Square, Suite 321 Attorney General & Reporter Clarksville, TN 37040 (On Appeal) DARYL J. BRAND Asst. Attorney General STACY A. TURNER 425 Fifth Ave., North 105 South Third St. Nashville, TN 37243 Clarksville, TN 37040 (At Trial) JOHN W. CARNEY District Attorney General DANIEL BROLLIER Asst. District Attorney General 204 Franklin St., Suite 200 Clarksville, TN 37040 Judge:PEAY First Paragraph: The Montgomery County grand jury indicted the defendant on one count of aggravated robbery. On September 18, 1996, a jury found the defendant guilty of the charged offense. On October 18, 1996, the trial court sentenced the defendant, as a Range I standard offender, to a term of eight years, to be served in the community corrections program. The court ordered this sentence to be served consecutively to a four year sentence of incarceration on a prior robbery conviction. URL:http://www.tba.org/tba_files/TCCA/hillfw_opn.WP6 JESSIE LAFRANTZ JACKSON VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JESSIE LAFRANTZ JACKSON, pro se JOHN KNOX WALKUP Special Needs Facility Attorney General & Reporter 7575 Cockrill Bend Industrial Road LISA A. NAYLOR Nashville, TN 37243-0469 Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 VICTOR S. JOHNSON, III District Attorney General NICK BAILEY Asst District Attorney General Washington Square 222 Second Avenue North, Suite 500 Nashville, TN 37201-1649 Judge:WOODALL First Paragraph: The Petitioner, Jessie LaFrantz Jackson, appeals the order of the Davidson County Criminal Court dismissing his pro se petition for post-conviction relief. In this appeal, Petitioner raises the following three issues: (1) whether the State obtained the first degree murder conviction through the perjured testimony of the key eyewitness; (2) whether the State failed to produce certain exculpatory information; and (3) whether his post-conviction counsel was ineffective for failing to offer impeachment and exculpatory evidence at the first post-conviction hearing. We affirm the trial court's denial of post-conviction relief. URL:http://www.tba.org/tba_files/TCCA/jacksnjl_opn.WP6 STATE OF TENNESSEE VS. JIMMY LEGG Court:TCCA Attorneys: FOR THE APPELLANT: RAYMOND W. FRALEY, JR. JOHNNY D. HILL, JR. 205 East Market Street P. O. Box 572 Fayetteville, TN 37334-0572 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter LISA A. NAYLOR Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 T. MICHAEL BOTTOMS District Attorney General ROBERT C. SANDERS Assistant District Attorney General 10 Public Square P. O. Box 1619 Columbia, TN 38402-1619 Judge:RILEY First Paragraph: The defendant, Jimmy Legg, was convicted by a Giles County jury of aggravated kidnapping and sentenced by the trial court to a term of eight (8) years in the Department of Correction. On appeal, he raises the following issues for our review: 1. whether the evidence was sufficient to support the verdict; 2. whether prosecutorial misconduct deprived him of a fair trial; 3. whether the trial court erred in disallowing defense counsel to question the alleged victim as to bias; 4. whether the trial court erred in permitting the introduction of certain medical records; 5. whether the trial court erred by instructing the jury to disregard a portion of defense counsel's final argument; and 6. whether the trial court erred in failing to charge aggravated assault and simple assault as lesser included offenses. After a careful review of the record, we reduce the conviction to false imprisonment. URL:http://www.tba.org/tba_files/TCCA/leggj_opn.WP6 STATE OF TENNESSEE VS. TROY L. NOLE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: B. F. "JACK" LOWERY JOHN KNOX WALKUP Public Square,Lowery Bldg. Attorney General & Reporter Lebanon, TN 37087 KAREN M. YACUZZO Asst. Attorney General 425 Fifth Ave., North 2nd Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 TOM P. THOMPSON District Attorney General JOHN WOOTTEN Asst. District Attorney General 203 Greentop St., P.O. Box 178 Hartsville, TN 37074-0178 Judge:PEAY First Paragraph: The defendant, Troy Noles, was convicted by a Macon County jury of five counts of assault, one count of possession of drug paraphernalia, and possession of alcohol while under the age of twenty-one. The trial court sentenced him to five consecutive sentences of eleven months twenty-nine days as a Range I offender for assaults, eleven months twenty-nine days for possession of drug paraphernalia, and five days for possession of alcohol. The trial court ordered the sentences for possession of drug paraphernalia and alcohol to be served concurrently with the sentences for assault. URL:http://www.tba.org/tba_files/TCCA/nolestl_opn.WP6 STATE OF TENNESSEE VS. MARK C. WEATHERLY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN H. HENDERSON JOHN KNOX WALKUP Public Defender Attorney General & Reporter -and- VANESSA P. BRYAN LISA A. NAYLOR Asst. Public Defender Asst. Attorney General P.O. Box 68 John Sevier Bldg. Franklin, TN 37065-0068 425 Fifth Ave., North Nashville, TN 37243-0493 JOE D. BAUGH District Attorney General DONALD W. SCHWENDIMANN Asst. District Attorney General 481 East Main St. Hohenwald, TN 38462 Judge:PEAY First Paragraph: Following a jury trial, the defendant was convicted of first-degree murder and theft of property worth five hundred dollars ($500) or less. The trial court sentenced the defendant to life in prison on the murder charge and eleven months and twenty-nine days in county jail for the theft conviction, to run consecutively to the life sentence. The defendant now appeals, arguing that the trial court erred in denying his request for a special jury instruction on circumstantial evidence; that the evidence is insufficient to support convictions for first-degree murder and theft; and that the trial court erred in ordering his sentences to run consecutively. We affirm the defendant's convictions and sentence. URL:http://www.tba.org/tba_files/TCCA/weatherl_opn.WP6
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