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May 18, 1999
Volume 5 -- Number 066
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):
-
| 03 |
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 |
| 17 |
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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will allow you to download the original WordPerfect 6.0 document.
Lucian T. Pera
Editor-in-Chief, TBALink
STATE OF TENNESSEE
VS.
LEONARD EDWARD SMITH
Court:TSC
Attorneys:
FOR APPELLANT: FOR APPELLEE:
J. Robert Boatright John Knox Walkup
Kingsport, Tennessee Attorney General & Reporter
Larry S. Weddington Michael E. Moore
Bristol, Tennessee Solicitor General
Amy L. Tarkington
Senior Assistant Attorney General
Nashville, Tennessee
H. Greely Wells, Jr.
District Attorney General
Second Judicial District
Blountville, Tennessee
Judge:DROWOTA
First Paragraph:
In this automatic appeal, the defendant, Leonard Edward Smith, raises
numerous challenges to the decision of the Court of Criminal Appeals
which affirmed his sentence of death for the 1984 murder of Novella
Webb. After carefully examining the entire record and the law,
including the thorough opinion of the Court of Criminal Appeals and the
briefs of the defendant and the State, this Court entered an Order
limiting review at oral argument to the following three issues: (1)
Whether the trial court was correct in allowing the defendant to control
the presentation of mitigating evidence and to waive closing argument
against counsel's advice;
(2) Whether the admittance of victim impact testimony and argument at
the sentencing hearing constituted reversible error;
(3) Whether the sentence of death is arbitrary or disproportionate in
violation of Tenn. Code Ann. S 39-13-206(c)(1)(A)-(D) (1997 Repl.).
http://www.tba.org/tba_files/TSC/Smithle_opn.WP6
DISSENTING OPINION:
http://www.tba.org/tba_files/TSC/Smithl_dis.WP6
APPENDIX:
http://www.tba.org/tba_files/TSC/Smithlec_apx.WP6
JOE GLASGOW, JR.
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
DAVID A. COLLINS JOHN KNOX WALKUP
211 Printers Alley Bldg., 4th Fl. Attorney General & Reporter
Nashville, TN 37201
TIMOTHY BEHAN
Asst. Attorney General
John Sevier Bldg.
425 Fifth Ave., North
Nashville, TN 37243-0493
VICTOR S. JOHNSON, III
District Attorney General
KYMBERLY HAAS
Asst. District Attorney General
Washington Square, Suite 500
222 Second Ave., North
Nashville, TN 37201
Judge:PEAY
First Paragraph:
This is the third time a panel of this Court has visited this case. See
State v. Joe Glasgow, Jr., No. 01C01-9102-CC-00082, Davidson County
(Tenn. Crim. App. filed October 10, 1991, at Nashville)(direct appeal of
convictions); Joe Glasgow, Jr. v. State, 01C01-9603-CC-00092, Davidson
County (Tenn. Crim. App. filed September 30, 1997, at
Nashville)(post-conviction). In the most recent opinion, this Court
remanded to the post-conviction court to allow the petitioner an
opportunity to show he had standing to challenge the search of a rental
vehicle that led to the discovery of drugs. On remand, the
post-conviction court determined that the petitioner had standing to
challenge the search of his person and the search of his belongings in
the rental vehicle, but did not have standing to challenge the search of
his stepfather's luggage, in which over five grams of a Schedule II
controlled substance was found. The petitioner now appeals. Finding no
error, we affirm the post-conviction court's order.
http://www.tba.org/tba_files/TCCA/Glasgowj_opn.WP6
STATE OF TENNESSEE
VS.
GLENNA KIDD
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GLENNA KIDD (pro se) JOHN KNOX WALKUP
P.O. Box 499 Attorney General & Reporter
Shelbyville, TN 37162
GEORGIA BLYTHE FELNER
Assistant Attorney General
425 Fifth Ave. N., 2d Floor
Nashville, TN 37243-0493
TOM P. THOMPSON, JR.
District Attorney General
203 Greentop St., P.O. Box 178
Hartsville, TN 37074-0178
ROBERT N. HIBBETT
Assistant District Attorney
119 College St.
Lebanon, TN 37087
Judge:WITT
First Paragraph:
The defendant, Glenna Kidd, appeals from the Wilson County Criminal
Court's entry of her guilty plea. On March 31, 1998, the defendant
entered a best interest guilty plea to one count of passing a worthless
check. The judge granted judicial diversion of one year pursuant to
Tennessee Code Annotated section 40-35-313. On April 16, 1998, the
defendant filed a pro se notice of appeal. In the defendant's brief,
she asks this court to dismiss the charge against her. The defendant
contends that she was coerced and threatened into signing a best
interest guilty plea. Following a review of the record, the briefs of
the parties, and the applicable law, we dismiss the appeal for lack of
jurisdiction.
http://www.tba.org/tba_files/TCCA/Kiddg_opn.WP6
STATE OF TENNESSEE
VS.
LEE LANCE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ELLERY HILL (DECEASED) (at trial) JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
CHARLES M. CORN TODD R. KELLEY
District Public Defender Assistant Attorney General
53-A Central Ave., P.O. Box 1453 425 Fifth Ave. N., 2d Floor
Cleveland, TN 37364-1453 Nashville, TN 37243-0493
THOMAS E. KIMBALL (at trial) JERRY N. ESTES
Assistant Public Defender District Attorney General
110 _ Washington Ave., NE
Athens, TN 37303 SANDRA DONAGHY
Assistant District Attorney
GERALD L. GULLEY, JR. (on appeal) P.O. Box 647
Baker, McReynolds, Byrne, O'Kane, Athens, TN 37303-0647
Shea & Townsend
607 Market St., Eleventh Floor
P.O. Box 1708
Knoxville, TN 37901-1708
Judge: WITT
First Paragraph:
The defendant, Lee Lance, appeals from his convictions of two counts of
rape of a child and two counts of incest in the McMinn County Criminal
Court. The trial court imposed an effective sentence of 25 years in
confinement. In this direct appeal, the defendant raises three issues:
I. Did the trial court improperly assist the state in proving all of
the necessary elements of the offenses of rape of a child and
incest, thereby violating the defendant's rights to a fair trial?
II. Did the trial court unfairly prejudice the defendant by allowing
the state to ask leading questions on its direct and redirect
examinations of the alleged victim?
III. Was the evidence sufficient to support a jury verdict of guilty
on the charges of rape of a child and incest?
After a review of the record, the briefs of the parties, and the
applicable law, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Lancel_opn.WP6
STATE OF TENNESSEE
VS.
ERIC DEWAYNE MCELMORE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ARDENA J. GARTH JOHN KNOX WALKUP
District Public Defender Attorney General and Reporter
DONNA ROBINSON MILLER ELLEN H. POLLACK
Asst District Public Defender Assistant Attorney General
Suite 300-701 Cherry St. 425 Fifth Avenue North
Chattanooga, TN 37402 Nashville, TN 37243
BILL COX
District Attorney General
C. CALDWELL HUCKABAY
Assistant District Attorney
300 Market Street
Chattanooga, TN 37402
Judge:SMITH
First Paragraph:
On January 14, 1997, Appellant Eric D. McElmore pled guilty to two
counts of aggravated robbery. On April 3, 1997, Appellant pled guilty
to another count of aggravated robbery and a number of counts involving
other charges. After a sentencing hearing on May 29, 1997, the trial
court sentenced Appellant as a Range I standard offender to a term of
ten years for the first aggravated robbery and twelve years for the
second aggravated robbery, with the sentences to run concurrently. The
trial court also imposed a sentence of twelve years for the third
aggravated robbery, with this sentence to run consecutively to the other
two sentences. Appellant challenges all three of his aggravated robbery
sentences, raising the following issues: 1) whether the trial court
imposed excessive sentences; and 2) whether the trial court erred when
it imposed consecutive sentencing. After a review of the record, we
affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Mcelmeri_opn.WP6
STATE OF TENNESSEE
VS.
ROBERT D. MERRITT, JR.
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LIONEL R. BARRETT, JR. JOHN KNOX WALKUP
Washington Square Two, Suite 418 Attorney General & Reporter
222 Second Avenue North
Nashville, TN 37201 KIM R. HELPER Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
VICTOR S. (TORRY) JOHNSON III
District Attorney General
NICHOLAS BAILEY
Assistant District Attorney General
200 Washington Square, Suite 500
222 Second Avenue North
Nashville, TN 37201
Judge:WILLIAMS
First Paragraph:
The defendant, Robert D. Merritt, pleaded guilty to especially
aggravated robbery, a Class A felony. The trial court sentenced him as
a range I offender to twenty-four years' confinement, to be served at
one hundred percent. See Tenn. Code Ann. S 40-35-501(I)(1), (2)(E).
The sole question presented for our review is whether this sentence is
excessive. We affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Merritrd_opn.WP6
STATE OF TENNESSEE
VS.
CHARLES JUSTIN OSBORNE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JERRY C. COLLEY JOHN KNOX WALKUP
P.O. Box 1476 Attorney General & Reporter
Columbia, TN 38402-1476
ELIZABETH B. MARNEY
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
RONALD L. DAVIS
District Attorney General
DONALD W. SCHWENDIMANN
Assistant District Attorney General
P.O. Box 937
Franklin, TN 37065-0937
Judge:WILLIAMS
First Paragraph:
The defendant, Charles Justin Osborne, was convicted of two counts of
criminally negligent homicide and one count of reckless endangerment.
The trial court sentenced him to two years on each count of criminally
negligent homicide and to eleven months, twenty-nine days on the
reckless endangerment, with all sentences to run consecutively. Of
these sentences, the trial court ordered the defendant to serve one
year's confinement, day-for-day, on count one and suspended the
remaining balance of all sentences with supervised probation. The
defendant argues (1) that these sentences are excessive; (2) that the
trial court erred in ordering consecutive service; and (3) that the
trial court erred in denying an alternative sentence, specifically full
probation. Upon review, we REVERSE the imposition of consecutive
sentencing and MODIFY the defendant's sentence to reduce his day-for-day
confinement from one year to two hundred and nineteen days. In all
other respects, we AFFIRM the judgment of the trail court.
http://www.tba.org/tba_files/TCCA/Osborncj_opn.WP6
DERRICK SAWYERS
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
PAUL J. BRUNO PAUL G. SUMMERS
Washington Square, Suite 350M Attorney General & Reporter
222 Second Ave., North
Nashville, TN 37201 MARVIN E. CLEMENTS, JR.
Asst. Attorney General
John Sevier Bldg.
425 Fifth Ave., North
Nashville, TN 37243-0493
VICTOR S. JOHNSON, III
District Attorney General
LILA STATUM
Asst. District Attorney General
Washington Square, Suite 500
222 Second Ave., North
Nashville, TN 37201
Judge:PEAY
First Paragraph:
The petitioner was charged with first-degree murder, possession of
cocaine over .5 grams with the intent to sell, and possession of cocaine
under .5 grams with the intent to sell. After negotiations, the
petitioner entered into a plea agreement and pled guilty to
second-degree murder and to the drug offenses as charged. On the
second-degree murder charge, the trial court sentenced the petitioner as
a violent offender to twenty-five years in prison at one hundred
percent. On the drug charges, the trial court sentenced the petitioner
as a Range I standard offender to a concurrent eight year prison
sentence and a consecutive three year prison sentence, for an effective
sentence of twenty-eight years. In May 1997, the petitioner filed a
petition for post-conviction relief, alleging that he was denied
effective assistance of counsel and that his guilty pleas were not
knowingly, intelligently, and voluntarily made. Following a hearing,
the post-conviction court denied the petitioner relief. The petitioner
now appeals. Finding no error, we affirm the denial of relief.
http://www.tba.org/tba_files/TCCA/Sawyersd_opn.WP6
JIMMY SILLS
VS.
STATE OF TENNESSEE &
JACK MORGAN, WARDEN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JIMMY SILLS JOHN KNOX WALKUP
Pro Se Attorney General and Reporter
Route #1
Only, TN 37140-9709 LUCIAN D. GEISE
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
JOE D. BAUGH, JR.
District Attorney General
RONALD L. DAVIS
Assistant District Attorney
Williamson County Courthouse, G-6
Franklin, TN 37064
Judge:WELLES
First Paragraph:
In June 1985, a Hamilton County Grand Jury indicted Defendant for the
first degree murder of Frank Bentley, Sr. by use of a firearm. On
February 5, 1986, a jury convicted Defendant of first degree murder
pursuant to Tennessee Code Annotated S 39-2-202(a), and use of a firearm
during commission of a felony pursuant to S 39-6-1710(a)(1). Defendant
challenged his convictions on direct appeal, and this Court determined
that because "[m]urder in the first degree may be committed without the
employment of a firearm," and because "there is no provision in law for
enhancement of the punishment for murder in the first degree, T.C.A.
39-6-1710(a)(1) was properly applied." State v. Jimmy Sills, Hamilton
Criminal No. 984, 1987 WL 5334, at *3 (Jan. 13, 1987) (previous opinion
vacated and re-entered in full on January 30, 1990 by State v. Jimmy
Sills, No. 1146, 1990 WL 5683 (Jan. 30, 1990)).
http://www.tba.org/tba_files/TCCA/Sillsji_opn.WP6
STATE OF TENNESSEE
VS.
DONNIE RAY SISK
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
PHILIP A. CONDRA JOHN KNOX WALKUP
District Public Defender Attorney General and Reporter
12th Judicial District
200 Betsy Pack Drive CLINTON J. MORGAN
P. O. Box 220 Counsel for the State Attorney General
Jasper, TN 37347 425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
JAMES MICHAEL TAYLOR
District Attorney General
BILL COPELAND
STEPHEN BLOUNT
Assistant District Attorneys General
324 Dinah Shore Blvd.
Winchester, TN 37398
Judge:WILLIAMS
First Paragraph:
The defendant, Donnie Ray Sisk, appeals his Franklin County Circuit
Court jury conviction of driving on revoked license, third offense, a
misdemeanor offense. The jury imposed a fine of $500, and the trial
court sentenced the defendant to eleven months, twenty-nine days, with
forty-five days mandatory confinement. The defendant argues that the
evidence was insufficient to support a finding of guilt. We AFFIRM the
trial court's judgment.
http://www.tba.org/tba_files/TCCA/Siskdr_opn.WP6
LARRY SNEED
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LARRY SNEED, pro se JOHN KNOX WALKUP
919 Myers Avenue Attorney General & Reporter
Columbia, TN 38401
KAREN M. YACUZZO
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
T. MICHAEL BOTTOMS
District Attorney General
ROBERT C. SANDERS
Assistant District Attorney General
JESSE DURHAM
Assistant District Attorney General
P.O. Box 1619
Columbia, TN 38401-1619
Judge:WOODALL
First Paragraph:
The Petitioner, Larry Sneed, appeals as of right the trial court's
dismissal of his petition for post-conviction relief. In this appeal,
Petitioner contests the trial court's order rescinding its decision to
expunge his record, and he claims that he was unaware of the nature of
the charges against him when he entered his guilty plea. After a
careful review of the record, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Sneedl_opn.WP6
STATE OF TENNESSEE
VS.
NORMAN SUTTON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
EDWARD CANTRELL MILLER JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
SUSANNA LAWS THOMAS MICHAEL J. FAHEY, II
Assistant Public Defender Assistant Attorney General
102 Mims Avenue 2nd Floor, Cordell Hull Building
Newport, TN 37821-3614 425 Fifth Avenue North
Nashville, TN 37243
AL C. SCHMUTZER, JR.
District Attorney General
WILLIAM BROWNLOW MARSH, II
Assistant District Attorney General
339-A East Main Street
Newport, TN 37321
Judge:WOODALL
First Paragraph:
The Defendant, Norman Sutton, appeals as of right following his
sentencing hearing in the Cocke County Circuit Court. In a two-count
indictment, Defendant was charged with two (2) counts of first degree
murder for the deaths of Martha Williams, Defendant's sister, and
Clinton Hance. Defendant entered a guilty plea to voluntary
manslaughter on both counts. The Defendant's sole issue on appeal is
the failure of the trial court to allow Defendant to serve an
alternative sentence rather than incarceration. We affirm the judgment
of the trial court.
http://www.tba.org/tba_files/TCCA/Suttonn_opn.WP6
STATE OF TENNESSEE
VS.
VENSON TERRELL TAYLOR
Court:TCCA
Attorneys:
FOR THE DEFENDANT: FOR THE APPELLEE:
JOE R. JOHNSON, II JOHN KNOX WALKUP
Law Offices of Larry D. Wilks Attorney General & Reporter
506 West Court Square
Springfield, TN 37172
ELIZABETH H. MARNEY
Assistant Attorney General
425 Fifth Avenue North
2nd Floor, Cordell Hull Building
Nashville, TN 37243-0493
JOHN WESLEY CARNEY, JR.
District Attorney General
DENT MORRIS
Assistant District Attorney General
500 South Main Street
Springfield, TN 37172
Judge:WILLIAMS
First Paragraph:
The defendant, Venson Terrell Taylor, was found guilty by jury verdict
of theft over one thousand dollars, and the Circuit Court in Robertson
County sentenced him to six years in the Tennessee Department of
Correction. The trial court denied the defendant's motion for a new
trial, and his subsequent appeal to this Court alleges insufficient
evidence to support his conviction. We AFFIRM the judgment of the trial
court.
http://www.tba.org/tba_files/TCCA/Taylorvt_opn.WP6
STATE OF TENNESSEE
VS.
WILLIAM B. THURBLEY
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Edward C. Miller John Knox Walkup
District Public Defender Attorney General of Tennessee
P.O. Box 416 and
Dandridge, TN 37725 Elizabeth B. Marney
Assistant Attorney General of Tennessee
425 Fifth Avenue North
Nashville, TN 37243-0493
Alfred C. Schmutzer, Jr.
District Attorney General
and
Steven Hawkins
Assistant District Attorney General
301 Sevier County Courthouse
Sevierville, TN 37862
Judge:TIPTON
First Paragraph:
The defendant, William B. Thurbley, appeals as of right following his
convictions by a jury in the Sevier County Circuit Court for
premeditated murder and felony murder committed in the perpetration of a
kidnapping. The defendant was originally indicted, as well, for felony
murder committed in the perpetration of a robbery, burglary or theft,
but that charge was dismissed by the trial court at the close of proof.
The defendant received life sentences for each conviction, but the trial
court merged the convictions into one judgment to reflect one life
sentence to be served in the custody of the Department of Correction.
http://www.tba.org/tba_files/TCCA/Thurbley_opn.WP6
STATE OF TENNESSEE
VS.
ANGELA SUE TITUS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
N. ANDY MYRICK JOHN KNOX WALKUP
116 West Market St. Attorney General & Reporter
Fayetteville, TN 37334
CLINTON J. MORGAN
Asst. Attorney General
John Sevier Bldg.
425 Fifth Ave., North
Nashville, TN 37243-0493
MIKE McCOWN
District Attorney General
WEAKLEY E. BARNARD
Asst. District Attorney General
Marshall County Courthouse
Suite 407
Lewisburg, TN 37901
Judge:PEAY
First Paragraph:
The defendant was charged with aggravated burglary, two counts of theft
of more than one thousand dollars ($1000) but less than ten thousand
dollars ($10,000), and two counts of criminal responsibility. When she
entered an open plea of guilty to aggravated burglary and one count of
theft, the remaining counts were dismissed. Following a sentencing
hearing, the trial court sentenced her to five years imprisonment for
aggravated burglary and three years imprisonment for theft, to run
concurrently. The defendant now appeals, arguing that her sentence is
excessive and that she is entitled to alternative sentencing. Finding
no merit to her arguments, we affirm her sentences.
http://www.tba.org/tba_files/TCCA/Titusas_opn.WP6
STATE OF TENNESSEE
VS.
RODERICK S. WILLIAMS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOSEPH L. HORNICK JOHN KNOX WALKUP
98 Church Street, Suite 1 Attorney General and Reporter
Dickson, TN 37055
CLINTON J. MORGAN
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
DAN ALSOBROOKS
District Attorney General
ROBERT WILSON
Assistant District Attorney General
P.O. Box 580
Charlotte, TN 37036
Judge:WELLES
First Paragraph:
The Defendant, Roderick S. Williams, appeals as of right from the trial
court's order revoking his probation and remanding him to the Tennessee
Department of Correction to serve his eight-year sentence in confinement
for Class B theft of property. The Defendant contends that the trial
court erred by revoking his probation when the court (1) based its
determination solely on his failure to pay restitution, and (2) failed
to find on the record that he willfully refused to make payments and
that no suitable alternative to revocation existed. We agree, and we
reverse the revocation of probation and remand this case to the trial
court for reinstatement of the Defendant's probation.
http://www.tba.org/tba_files/TCCA/Williars_opn.WP6
STATE OF TENNESSEE
VS.
TANIESE ANNETTE WILSON
Court:TCCA
Attorneys:
FOR THE APPELLANT:
FOREST A. DURARD, JR.
724 North Main St.
P.O. Box 967
Shelbyville, TN 37160-0967
(At trial and on appeal)
JEFFREY K. SECKLER
101 West Side Public Square
P. O. Box 765
Shelbyville, TN 37162
(At trial)
FOR THE APPELLEE:
JOHN KNOX WALKUP
Attorney General and Reporter
TIMOTHY F. BEHAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
C. MICHAEL LAYNE
District Attorney General
KENNETH SHELTON
Assistant District Attorney General
P.O. Box 147
Manchester, TN 37349-0147
Judge:RILEY
First Paragraph:
A Coffee County jury convicted defendant, Taniese Annette Wilson, of
first- degree premeditated murder. She was sentenced to life
imprisonment. On this appeal as of right, defendant raises the
following issues: 1. whether the state committed prosecutorial
misconduct during closing argument;
2. whether the trial court erred in admitting prior consistent
statements of two witnesses;
3. whether the trial court erred in admitting the statement of a
severed co-defendant; and
4. whether the evidence is sufficient to sustain her conviction.
Upon our review of the record, we AFFIRM defendant's conviction.
http://www.tba.org/tba_files/TCCA/Wilsonta_opn.WP6
STATE OF TENNESSEE
VS.
JAMES A. WOODS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES A. WOODS JOHN KNOX WALKUP
6090 Rock Creek Road Attorney General and Reporter
Tullahoma, TN 37388
ELIZABETH B. MARNEY
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
J. MICHAEL TAYLOR
District Attorney General
BILL COPELAND
Assistant District Attorney General
324 Dinah Shore Boulevard
Winchester, TN 37398
Judge:WELLES
First Paragraph:
The Defendant, James A. Woods, was found guilty by a Franklin County
jury of the misdemeanor offenses of driving on a revoked license and
failure to obey a police officer. In this appeal, he argues that his
convictions violate his constitutional and legal rights in several
regards. We affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Woodsja_opn.WP6
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