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. MICHAEL A. BORDIS, SR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARK J. FISHBURN JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter 100 Thompson Lane Nashville, TN 37211 KAREN M. YACUZZO Asst. Attorney General 425 Fifth Ave. N., 2d Floor Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General NICHOLAS BAILEY KATRIN MILLER Asst. District Attorneys General Washington Square, Ste. 500 222 Second Ave. North Nashville, TN 37201-1649 Judge:WITT First Paragraph: The defendant, Michael A. Bordis, Sr., stands convicted of second degree murder as a result of his son's death from starvation. Following his jury trial in the Davidson County Criminal Court, he received a maximum sentence of 25 years. In this appeal, Bordis alleges error in the trial court's admission of a witness's testimony that Bordis had been untruthful when he gave an earlier statement. Because we find that the defendant has waived our consideration of the issue, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/bordisma_opn.WP6 STATE OF TENNESSEE VS. ELISA COCHRAN DISSENTING OPINION (Original posted 11/3/98) Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: KENNETH F. IRVINE, JR. JOHN KNOX WALKUP Eldridge, Irvine & Hendricks Attorney General & Reporter 606 W. Main St., Suite 350 P. O. Box 84 ELIZABETH B. MARNEY Knoxville, TN 37901-0084 Assistant Attorney General (Appeal) 425 Fifth Avenue North Second Floor, Cordell Hull Building THOMAS E. KIMBALL Nashville, TN 37243-0493 Assistant Public Defender 110 _ Washington Avenue, N.E. JERRY N. ESTES Athens, TN 37303 District Attorney General (Trial) SANDRA DONAGHY Assistant District Attorney 10th Judicial District Washington Avenue Athens, TN 37303 Judge:ACREE First Paragraph: I dissent from the majority's finding that the evidence was sufficient to sustain the conviction of felony murder. Otherwise, I concur with the majority's decision. The defendant was indicted and convicted for unlawfully and recklessly killing Benjamin Smith during the perpetration of especially aggravated robbery. In my opinion, the State has failed to prove beyond a reasonable doubt that the victim was killed during the perpetration of this felony. I believe that the record supports convictions for the crimes of second degree murder and theft. URL:http://www.tba.org/tba_files/TCCA/cochran_dis.WP6 Origianl Opinion: URL:http://www.tba.org/tba_files/TCCA/cochrane_opn.wp6 STATE OF TENNESSEE VS. GEORGE D. FITZPATRICK Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Carlton M. Lewis John Knox Walkup Attorney at Law Attorney General & Reporter Petway, Blackshear & Cain 208 Third Avenue, North Michael J. Fahey, II Nashville, TN 37201-1604 Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Victor S. (Torry) Johnson III District Attorney General Dan Hamm Sharon Brox Assistant District Attorneys General 200 Washington Square, Suite 500 Nashville, TN 37201-1619 Judge:SUMMERS First Paragraph: The appellant, George D. Fitzpatrick, was convicted by a jury of rape and assault. The sole issue presented on appeal is whether the evidence at trial was sufficient to support a finding of guilt beyond a reasonable doubt. We find that it was and affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/fitzpatr_opn.WP6 STATE OF TENNESSEE VS. TERRENCE LEE HANNAH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL R. JONES JOHN KNOX WALKUP 14th District Public Defender Attorney General & Reporter 110 Sixth Ave. West Springfield, TN 37172 ELIZABETH B. MARNEY Assistant Attorney General Criminal Justice Division 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 JOHN WESLEY CARNEY, JR. District Attorney General 204 Franklin St. Suite 200 Clarksville, TN 37040-3420 DENT MORRISS Assistant District Attorney General 500 So. Main St. Springfield, TN 37172 Judge:WITT First Paragraph: The defendant, Terrence Lee Hannah, was convicted in a jury trial in the Robertson County Circuit Court of second degree murder, a Class A felony. The jury acquitted him of first degree premeditated murder. As a Range I, standard offender, he received a twenty-year sentence. The defendant must serve no less than 85% of his sentence. In this direct appeal, the defendant challenges the sufficiency of the evidence, the admissibility of his confession, and the trial court's sentencing determination. Having reviewed the record, the briefs of the parties, and the applicable law, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/hannaht_opn.WP6 STATE OF TENNESSEE VS. ROY DALE McGRIFF Court:TCCA Attorneys: FOR THE APPELLANT: ROBERT J. MENDES (AT HEARING) Cummins Station, Ste. 507 209 Tenth Avenue, South Nashville, TN 37203 PETER D. HEIL (ON APPEAL) P. O. Box 40651 Nashville, TN 37204 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter CLINTON J. MORGAN Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General MARY CAMPBELL GRADY MOORE Assistant Dist. Attorneys General Washington Square, Ste. 500 222 Second Avenue, North Nashville, TN 37201-1649 Judge:RILEY First Paragraph: The defendant, Roy Dale McGriff, appeals the trial court's order denying his motion to withdraw his guilty plea. After a careful review of the record, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/mcgrifrd_opn.WP6 BENJAMIN PACHUCKI VS. STATE OF TENNESSEE ORDER Court:TCCA Judge:RILEY First Paragraph: Petitioner appeals the trial court's summary dismissal of his petition for post- conviction relief based upon the statute of limitations. We affirm the judgment of the trial court pursuant to Rule 20, Tennessee Court of Criminal Appeals. Petitioner pled guilty on September 25, 1981, to second degree burglary and received an indeterminate sentence of not less than three years nor more than five years. Petitioner pled guilty on November 2, 1992, to the offense of failure to appear and received a sentence of four years as a Range II multiple offender. No appeal was taken in either case. URL:http://www.tba.org/tba_files/TCCA/pachuckb_opn.WP6 STATE OF TENNESSEE VS. WILLIAM D. STOCKWELL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: B. F. LOWERY JOHN KNOX WALKUP Public Square, Lowery Bldg. Attorney General and Reporter Lebanon, TN.. 37087 TIMOTHY F. BEHAN Assistant Attorney General 425 5th Avenue North Nashville, TN. 37243 TOM P. THOMPSON, JR. District Attorney General ROBERT HIBBETT Assistant District Attorney 111 Cherry Street Lebanon, TN. 37087 Judge:SMITH First Paragraph: On December 19, 1996, a Wilson County jury found Appellant, William D. Stockwell, guilty of first degree murder in the death of his newborn son. The trial court immediately imposed a sentence of life imprisonment. Appellant appeals from his conviction, raising three issues: 1) whether the evidence was sufficient to support a conviction for first degree murder; 2) whether the trial court erred in failing to make a conclusive determination of the voluntariness and admissibility of Appellant's alleged confession prior to the submission of the statement to the jury; and 3) whether the trial court erred in allowing the State to introduce into evidence the involuntary statement of Appellant as well as the testimony of Detective David Kennedy at the trial concerning the taking of the statement. After a review of the record, we affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/stockwil_opn.WP6
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