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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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