March 19, 1999
Volume 5 -- Number 037

What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
03 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
 

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Lucian T. Pera
Editor-in-Chief, TBALink

		

STATE OF TENNESSEE
VS.
JEFFREY EDWARD PITTS

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:        FOR THE APPELLEE:

W.C. KEATON               JOHN KNOX WALKUP
LAURA METCALF             Attorney General and Reporter
Keaton, Turner & Spitzer
P. O. Box 789             KAREN YACUZZO
102 N. Court Street       Assistant Attorney Geneal
Hohenwald, TN  38462      425 Fifth Avenue North
                          Nashville, TN  37243-0493

                          MIKE BOTTOMS
                          District Attorney General

                          STELLA HARGROVE
                          Assistant District Attorney
                          Public Square
                          Columbia, TN  38401

Judge:SMITH

First Paragraph:

The appellant, Jeffrey Edward Pitts, was convicted by a Wayne County
jury of two (2) counts of sexual battery, a Class E felony.  He was
sentenced as a Range I offender to consecutive terms of one (1) year
incarceration for each offense.  On appeal, Appellant presents the
following issues for our consideration:  (1) whether there was a fatal
variance between the indictment and the state's proof at trial; (2)
whether the evidence was sufficient to sustain Appellant's
convictions; (3) whether the prosecution's closing argument was
improper; (4) whether the trial court erred in failing to instruct the
jury on the lesser included offense of assault; and (5) whether the
trial court properly sentenced Appellant.  After a thorough review of
the record before this Court, we conclude that the state failed to
establish venue on Count One; therefore, Appellant's conviction on
Count One is reversed.  In all other respects, the judgment of the
trial court is affirmed.

http://www.tba.org/tba_files/TCCA/Pittsedw_opn.WP6



JAMES MICHAEL PITTS VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DALE M. QUILLEN JOHN KNOX WALKUP MICHAEL J. FLANAGAN Attorney General & Reporter 95 White Bridge Rd, Ste 208 Nashville, TN 37205 DARYL J. BRAND Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JOHN ZIMMERMAN Asst. Dist. Attorney General Washington Sq., Suite 500 222-2nd Avenue North Nashville, TN 37201-1649 Judge:WITT First Paragraph: The appellant, Jeffrey Edward Pitts, was convicted by a Wayne County jury of two (2) counts of sexual battery, a Class E felony. He was sentenced as a Range I offender to consecutive terms of one (1) year incarceration for each offense. On appeal, Appellant presents the following issues for our consideration: (1) whether there was a fatal variance between the indictment and the state's proof at trial; (2) whether the evidence was sufficient to sustain Appellant's convictions; (3) whether the prosecution's closing argument was improper; (4) whether the trial court erred in failing to instruct the jury on the lesser included offense of assault; and (5) whether the trial court properly sentenced Appellant. After a thorough review of the record before this Court, we conclude that the state failed to establish venue on Count One; therefore, Appellant's conviction on Count One is reversed. In all other respects, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/Pittsjm_opn.WP6
STATE OF TENNESSEE VS. KENNETH B. WILLIAMS Court:TCCA Attorneys: For the Appellant: For the Appellee: Thomas H. Miller John Knox Walkup P.O. Box 681662 Attorney General of Tennessee Franklin, TN 37068-1662 and Georgia Blythe Felner Assistant Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 Victor S. Johnson, III District Attorney General and Jon Seaborg Assistant District Attorney General Washington Square, Ste. 500 222 2nd Ave. N. Nashville, TN 37201-1649 Judge:TIPTON First Paragraph: The appellant, Jeffrey Edward Pitts, was convicted by a Wayne County jury of two (2) counts of sexual battery, a Class E felony. He was sentenced as a Range I offender to consecutive terms of one (1) year incarceration for each offense. On appeal, Appellant presents the following issues for our consideration: (1) whether there was a fatal variance between the indictment and the state's proof at trial; (2) whether the evidence was sufficient to sustain Appellant's convictions; (3) whether the prosecution's closing argument was improper; (4) whether the trial court erred in failing to instruct the jury on the lesser included offense of assault; and (5) whether the trial court properly sentenced Appellant. After a thorough review of the record before this Court, we conclude that the state failed to establish venue on Count One; therefore, Appellant's conviction on Count One is reversed. In all other respects, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/Williamk_opn.WP6

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