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TBALink Opinion-Flash
December 29, 1998 -- Volume 4 -- Number 184
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. JOHNNY BENARD JONES and CLIFTON LAVERN MITCHELL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ANDREW JOHNSTON JOHN KNOX WALKUP 108 East Court Square Attorney General & Reporter Somerville, TN 38068 (For Defendant Jones) GEORGIA BLYTHE FELNER Asst. Attorney General C. MICHAEL ROBBINS John Sevier Bldg. 46 North Third St., Suite 719 425 Fifth Ave., North Memphis, TN 38103 Nashville, TN 37243-0493 (For Defendant Mitchell on Appeal) ELIZABETH T. RICE GARY ANTRICAN District Attorney General District Public Defender 302 Market St. Somerville, TN 38068 SHANA McCOY-JOHNSON Asst. District Public Defender P.O. Box 700 Somerville, TN 38068 (For Defendant Mitchell at Trial) Judge: PEAY First Paragraph: A jury found the defendants guilty of possession of cocaine (over 26 grams) with intent to sell and possession of marijuana. Following a sentencing hearing, each defendant was sentenced as a Range II multiple offender to twenty years incarceration on the cocaine offense and a concurrent term of eleven months, twenty-nine days incarceration at 75% on the marijuana offense. The defendants now appeal, arguing that the evidence is insufficient to establish knowing possession of the controlled substances. Defendant Jones raises two additional arguments for review, i.e., that the trial court erred in denying his motion to sever and that his sentence is excessive. Finding no merit to the defendants' arguments, we affirm. URL:http://www.tba.org/tba_files/TCCA/jonesjb_opn.WP6
WENDELL LEGGS
vs.
STATE OF TENNESSEE
Court:TCCA
Judge: HAYES
First Paragraph:
This matter is before the Court upon the state's motion, pursuant to
Rule 20, Rules of the Court of Criminal Appeals, to affirm the
judgment of the trial court in this case by order rather than formal
opinion. The above-captioned case represents an appeal from the trial
court's dismissal of the petitioner's petition for writ of habeas
corpus. It appears the petitioner is currently serving an effective
sentence of fifty years for several 1986 convictions of aggravated
rape and aggravated kidnapping. The petitioner contends that his
sentence has expired because the statute under which he was sentenced
no longer exists and the current law imposes a lesser penalty for the
offenses committed.
URL:http://www.tba.org/tba_files/TCCA/leggs_ord.WP6
STATE OF TENNESSEE
vs.
ANTONIO L. SAULSBERRY
& FRANKLIN C. HOWARD
with DISSENTING Opinion
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
STEFFEN G. SCHREINER JOHN KNOX WALKUP
Attorney for Appellant Saulsberry Attorney General and Reporter
295 Washington Avenue, Suite 3
Memphis, TN 38103 PETER M. COUGHLAN
Assistant Attorney General
JOSEPH S. OZMENT 425 5th Avenue North
Attorney for Appellant Howard Nashville, TN 37243
217 Exchange Avenue
Memphis, TN 38103 WILLIAM L. GIBBONS
District Attorney General
JAMES V. BALL
Attorney for Appellant Howard TERRELL L. HARRIS
217 Exchange Avenue J. ROBERT CARTER
Memphis, TN 38103 PHILLIP GERALD HARRIS
Assist District Attorneys General
Criminal Justice Complex,
Suite 301
201 Poplar Street
Memphis, TN 38103
Judge: SUMMERS
First Paragraph:
The Defendants, Antonio L. Saulsberry and Franklin C. Howard, pursuant
to Tennessee Rule of Appellate Procedure 3(b), appeal as of right
their convictions for first degree premeditated murder, especially
aggravated robbery, and conspiracy to commit aggravated robbery. In
addition, Defendants appeal the trial court's application of
consecutive sentencing. These convictions arose from the robbery of a
Memphis T.G.I. Friday's restaurant and the murder of its manager, Gene
Frieling.
URL:http://www.tba.org/tba_files/TCCA/saulsbal_opn.WP6
URL:http://www.tba.org/tba_files/TCCA/saulsbal_dis.WP6
SYLVESTER SMITH
vs.
STATE OF TENNESSEE
with CONCURRING/DISSENTING opinion
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
William P. Redick, Jr. John Knox Walkup
P. O. Box 137 Attorney General and Reporter
Whites Creek, TN 37189
Amy L. Tarkington
Peter D. Heil Assistant Attorney General
P. O. Box 40651 Criminal Justice Division
Nashville, TN 37204 425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Thomas Hoover
Asst. Attorney General
Criminal Justice Complex
Suite 301, 201 Poplar Street
Memphis, TN 38103
Judge: Hayes
First Paragraph:
In this capital case, the appellant, Sylvester Smith, appeals as of
right the judgment of the Criminal Court of Shelby County denying his
petition for post-conviction relief. In 1991, the appellant was
convicted of felony murder, and, following a separate sentencing
hearing, was sentenced to death by electrocution. The appellant's
conviction and sentence were affirmed on direct appeal by the
Tennessee Supreme Court. See State v. Smith, 893 S.W.2d 908 (Tenn.
1994), reh'g denied, (1995), cert. denied, 516 U.S. 829, 116 S.Ct. 99
(1995).
URL:http://www.tba.org/tba_files/TCCA/smithsyl_opn.WP6
URL:http://www.tba.org/tba_files/TCCA/smithsyl_con.WP6
ROBERT LEE TAYLOR
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
William P. Redick, Jr. John Knox Walkup
P. O. Box 137 Attorney General and Reporter
Whites Creek, TN 37189
Amy L. Tarkington
Peter D. Heil Assistant Attorney General
P. O. Box 40651 Criminal Justice Division
Nashville, TN 37204 425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Thomas Hoover
Asst. Attorney General
Criminal Justice Complex
Suite 301, 201 Poplar Street
Memphis, TN 38103
Judge: HAYES
First Paragraph:
This matter is before the Court upon the state's motion to affirm the
trial court judgment by order pursuant to Rule 20, Rules of the Court
of Criminal Appeals. This case represents an appeal from the denial
of the petitioner's petition for writ of habeas corpus. The
petitioner was convicted of first degree murder in August 1982. On
July 21, 1998, the petitioner filed a petition for writ of habeas
corpus challenging the sufficiency of the first degree murder
indictment returned in 1981. This Court recently filed an order
affirming the trial court's denial of a similar petition for writ of
habeas corpus filed by the petitioner attacking the sufficiency of
this very indictment. Robert Lee Taylor v. State, No.
02C01-9701-CC-00019 (Tenn. Crim. App., November 3, 1997), perm. to
app. denied, (Tenn. November 24, 1997).
URL:http://www.tba.org/tba_files/TCCA/taylo-r2_ord.WP6
EDUARDO E. WELLS
vs.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES V. BALL JOHN KNOX WALKUP
217 Exchange Avenue Attorney General and Reporter
Memphis, TN 38105
DOUGLAS D. HIMES
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
WILLIAM GIBBONS
District Attorney General
PAUL GOODMAN
Assistant District Attorney General
Criminal Justice Complex, Suite 301
201 Poplar Avenue
Memphis, TN 38103
Judge: WELLES
First Paragraph:
This is an appeal as of right pursuant to Rule 3 of the Tennessee
Rules of Appellate Procedure. The Petitioner, Eduardo E. Wells,
appeals from an order of the trial court denying him post-conviction
relief. The Petitioner presents one issue for our review: whether his
guilty plea was knowingly and voluntarily made with effective
assistance of counsel. We affirm the judgment of the trial court.
URL:http://www.tba.org/tba_files/TCCA/wellsed_opn.WP6
STATE OF TENNESSEE
vs.
STACY D. WILLIFORD
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ANDREW S. JOHNSTON JOHN KNOX WALKUP
108 East Court Square Attorney General & Reporter
Somerville, TN 38068
PETER M. COUGHLAN
Asst. Attorney General
John Sevier Bldg.
425 Fifth Ave., North
Nashville, TN 37243-0493
ELIZABETH T. RICE
District Attorney General
302 Market St.
Somerville, TN 38068
Judge: PEAY
First Paragraph:
The defendant was convicted by a jury of aggravated vehicular
homicide, vehicular assault, driving under the influence, driving on a
revoked license, and leaving the scene of an accident. Following a
sentencing hearing, the defendant received an effective sentence of
twenty years. The defendant now appeals, raising the following issues
for review: I. Whether the trial court erred in denying the
defendant's motion to suppress statements on the theory the defendant
was in custody but was not read his Miranda warnings? II. Whether the
defendant's due process rights were violated by T.C.A. S 55-10-401,
which allows an inference that previous DUI offenders are intoxicated
if their blood alcohol content is .08% or higher, whereas it may be
inferred that first-time offenders are intoxicated only when their
blood alcohol content is .10% or higher? III. Whether the trial court
erred in charging the jury that they could infer intoxication by a
.08% or higher blood alcohol content, since this instruction reveals
to the jury that the defendant has been previously convicted of DUI?
IV. Whether the evidence is sufficient to sustain the defendant's
convictions for aggravated vehicular homicide, vehicular assault, and
leaving the scene of an accident? Finding no reversible error, we
affirm the trial court's judgments.
URL:http://www.tba.org/tba_files/TCCA/wiliford_opn.WP6
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