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TBALink Opinion-Flash
November 5, 1998 -- Volume 4 -- Number 161
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. 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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