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TBALink Opinion-Flash
November 2, 1998 -- Volume 4 -- Number #158
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
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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