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May 7, 1999
Volume 5 -- Number 062
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):
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New Opinion(s) from the Tennessee Supreme Court |
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New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel |
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New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court |
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New Opinion(s) from the Tennessee Court of Appeals |
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New Opinion(s) from the Tennessee Court of Criminal Appeals |
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New Judicial Ethics Opinion(s) |
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New Formal Ethics Opinion(s) from the Board of Professional Responsibility |
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Lucian T. Pera
Editor-in-Chief, TBALink
JAMES R. BOYD
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT J. MENDES JOHN KNOX WALKUP
Cummins Station, Ste 507 Attorney General and Reporter
209 Tenth Avenue South
Nashville, TN 37203 KAREN M. YACUZZO
Assistant Attorney General
GLENN DUKES 425 Fifth Avenue North
306 Gay Street, Suite 400 Nashville, TN 37243
Nashville, TN 37201
VICTOR S. JOHNSON
District Attorney General
NICHOLAS BAILEY
Assistant District Attorney General
Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201
Judge: WELLES
First Paragraph:
This is an appeal as of right pursuant to Rule 3 of the Tennessee Rules
of Appellate Procedure. The Defendant, James R. Boyd, appeals from the order of the trial court denying him post-conviction relief. We affirm the denial of relief by the trial court.
http://www.tba.org/tba_files/TCCA/Boydjr_opn.WP6
GARRY E. COLLINS
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
B. KEITH WILLIAMS JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
BRODY N. KANE TIMOTHY BEHAN
Attorney at Law Assistant Attorney General
Taylor, Taylor, Lannom 2nd Floor, Cordell Hull Building
& Williams 425 Fifth Avenue North
102 East Main Street Nashville, TN 37243
Lebanon, TN 37087
TOM P. THOMPSON, JR.
District Attorney General
DAVID DURHAM
Assistant District Attorney General
119 South College Street
Lebanon, TN 37087-3609
Judge:WOODALL
First Paragraph:
In this case, the Petitioner/Appellant, Garry E. Collins, appeals the
order of the Wilson County Criminal Court dismissing his petition for
post-conviction relief. Petitioner argues that his trial counsel was
ineffective.
http://www.tba.org/tba_files/TCCA/Collinsg_opn.WP6
JAMES GORDON COONS, III,
VS.
STATE OF TENNESSE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
John T. Conners, III John Knox Walkup
P.O. Box 1451 Attorney General and Reporter
Franklin, TN 37065-1451 425 Fifth Avenue North
Nashville, TN 37243-0493
Timothy Behan
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
Nashville, TN 37243-0493
Jon Seaborg
Assistant District Attorney General
Washington Square, Suite 500
222 2nd Avenue North
Nashville, TN 37201-1649
Judge:OGLE
First Paragraph:
The petitioner, James Gordon Coons, III, appeals the dismissal of his
petition for post-conviction relief by the Davidson County Criminal
Court. On April 25, 1996, the petitioner pled guilty in the Davidson
County Criminal Court to kidnapping and aggravated assault. Pursuant to a plea agreement, the trial court imposed an effective sentence of six years and one day incarceration in the Tennessee Department of
Correction.
http://www.tba.org/tba_files/TCCA/Coons_pos.WP6
WITH CONCURRING OPINION:
http://www.tba.org/tba_files/TCCA/Coons_con.WP6
STATE OF TENNESSEE
VS.
GEORGE DENNIS FIELDS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
KARL DEAN JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
JEFFREY A. DeVASHER TIMOTHY BEHAN
Assistant Public Defender Assistant Attorney General
(On Appeal) 2nd Floor, Cordell Hull Building
425 Fifth Avenue North
RICHARD TENNENT Nashville, TN 37243
Assistant Public Defender
1202 Stahlman Building ELIZABETH T. RYAN
Nashville, TN 37201 Assistant Attorney General
(At Trial)
VICTOR S. JOHNSON, III
District Attorney General
ROGER MOORE
Assistant District Attorney General
Washington Square, Suite 500
222 2nd Avenue North
Nashville, TN 37201-1649
Judge:WOODALL
First Paragraph:
The Defendant, George Dennis Fields, appeals as of right following his
sentencing in the Davidson County Criminal Court. Defendant pled guilty to solicitation to commit first degree murder. No agreement was
determined as to the length or manner of service of the sentence. The
trial court sentenced Defendant as a Range I Standard Offender to eleven(11) years of incarceration. Defendant filed a timely notice of appeal.
Subsequently, Defendant timely filed a motion for reduction of his
sentence pursuant to Rule 35(b) of the Tennessee Rules of Criminal
Procedure. Following the denial of this motion, Defendant filed a
separate appeal. Both appeals were consolidated by order of this court.
We affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Fieldsgd_opn.WP6
STEVEN CRAIG GRIFFIN
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
WILLIAM C. ROBERTS (at hearing) JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
222 Second Ave. N., Ste. 360M
Nashville, TN 37201 KIM R. HELPER
Assistant Attorney General
DWIGHT E. SCOTT (on appeal) 425 Fifth Ave. N., 2d Floor
Attorney at Law Nashville, TN 37243-0493
4024 Colorado Ave.
Nashville, TN 37209 VICTOR S. JOHNSON, III
District Attorney General
KYMBERLY HAAS
JOHN SEABORG
Asst. District Attorneys General
222 Second Ave. N., Ste. 500
Nashville, TN 37201
Judge:WITT
First Paragraph:
The petitioner, Steven Craig Griffin, appeals from the Davidson County
Criminal Court's dismissal of his petition for post-conviction relief.
Griffin is presently serving an effective 85-year sentence for his
convictions of kidnapping and six counts of aggravated rape. State v.
Steven Craig Griffin, No. 01C01-9404- CR-00144, slip op. at 2 (Tenn.
Crim. App., Nashville, June 28, 1995). In this appeal, Griffin attacks
the lower court's determination that he received the effective
assistance of counsel at trial. Having reviewed the record, the briefs
of the parties, and the applicable law, we affirm the lower court's
dismissal.
http://www.tba.org/tba_files/TCCA/Griffins_opn.WP6
STATE OF TENNESSEE
VS.
RAYMOND HALE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JEFFREY A. DEVASHER JOHN KNOX WALKUP
Assistant Public Defender Attorney General and Reporter
(On Appeal)
DARYL J. BRAND
JOAN A. LAWSON Senior Counsel
Assistant Public Defender 425 Fifth Avenue North
(At Trial) Nashville, TN 37201-1649
1202 Stahlman Building
Nashville, TN 37201 VICTOR S. JOHNSON
District Attorney General
DAN HAMM
SHARON BROX
Assistant District Attorneys
222 Second Avenue North
Nashville, TN 37201-1649
Judge: SMITH
First Paragraph:
The appellant, Raymond A. Hale, Jr., was convicted by a Davidson County
jury of one (1) count of robbery, a Class C felony. The trial court
sentenced him as a Range I offender to five (5) years in community
corrections and ordered that Appellant's sentence run consecutively to
his sentence on an unrelated offense for which he was on probation at
the time the present offense was committed.
http://www.tba.org/tba_files/TCCA/Haleraym_opn.WP6
COREY ADAMS KENNERLY
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
FLOYD DON DAVIS JOHN KNOX WALKUP
201 First Avenue, N.W. Attorney General and Reporter
Winchester, TN 37398
KIM R. HELPER
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
J. MICHAEL TAYLOR
District Attorney General
STEVEN M. BLOUNT
Assistant District Attorney General
1002 East Main Street
Decherd, TN 37324
Judge: WELLES
First Paragraph:
The Defendant, Corey Adams Kennerly, appeals the trial court's denial of his petition for post-conviction relief. On October 28, 1996, Defendant pleaded guilty to first degree felony murder and especially aggravated robbery. Pursuant to the plea agreement, the trial court sentenced Defendant to life imprisonment with the possibility of parole for felony murder and twenty years for especially aggravated robbery, to be served concurrent to his life sentence.
http://www.tba.org/tba_files/TCCA/Kennerca_opn.WP6
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