May 19, 1999
Volume 5 -- Number 067

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
04 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.
MARSHA ARNOLD

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:          FOR THE APPELLEE:


ROBERT S. PETERS            PAUL G. SUMMERS
100 First Ave., Southwest   Attorney General & Reporter
Winchester, TN  37398
                            CLINTON J. MORGAN
                            Asst. Attorney General
                            John Sevier Bldg.
                            425 Fifth Ave., North                                       
                            Nashville, TN  37243-0493
    
                            CHARLES M. LAYNE
                            District Attorney General

                            KENNETH SHELTON, JR.
                            Asst. District Attorney General                             
                            P.O. Box 147
                            Manchester, TN  37349

Judge:PEAY

First Paragraph:

The defendant pled guilty to possession of marijuana with intent to sell
or deliver and was sentenced to one month in county jail and one year,
eleven months in the community corrections program.  She now appeals,
arguing that the trial court imposed an excessive sentence and erred in
denying a full alternative sentence.  We affirm the trial court's
sentencing order on this count.

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


STATE OF TENNESSEE VS. JUAN JEROME BRYAN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DAVID A. COLLINS PAUL G. SUMMERS 211 Printers Alley Bldg., 4th Fl. Attorney General & Reporter 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 SHARON BROX Asst. District Attorney General Washington Square, Suite 500 222 Second Ave. North Nashville, TN 37201-1649 Judge:PEAY First Paragraph: The defendant pled guilty to four counts of theft of property over ten thousand dollars ($10,000) but under sixty thousand dollars ($60,000), a Class C felony, and one count of theft of property over one thousand dollars ($1000) but under ten thousand dollars ($10,000), a Class D felony. Following a sentencing hearing, the trial court sentenced him as a Range I standard offender to five years in prison for each Class C felony and four years in prison for the Class D felony. The sentences on three of the Class C felonies were to run consecutively, with all other sentences running concurrently, for an effective sentence of fifteen years. The defendant now appeals, arguing that the trial court imposed an excessive sentence, erred in ordering some of the sentences to run consecutively, and erred in denying alternative sentencing. Finding no reversible error, we affirm. http://www.tba.org/tba_files/TCCA/Bryantjj_opn.WP6
STATE OF TENNESSEE VS. DOUGLAS FLINT DILLARD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JAMES ROBIN McKINNEY, JR. JOHN KNOX WALKUP 214 Second Ave., North Attorney General & Reporter Suite 103 Nashville, TN 37201 LUCIAN D. GEISE Asst. Attorney General John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General GEORGE BONDS Asst. District Attorney General 222 Second Ave., North Suite 500 Nashville, TN 37201 Judge:PEAY First Paragraph: After being convicted for driving under the influence, second offense, the defendant was sentenced to eleven months, twenty-nine days, with forty-five days to be served in jail and the balance on probation. The defendant was also prohibited from driving a motor vehicle for two years and ordered to pay a six hundred dollar ($600) fine. Ten months later, a probation violation warrant was issued. Following a revocation hearing, the defendant's probation was revoked and he was ordered to serve 120 days in jail. He now appeals, arguing that the trial court abused its discretion in revoking his probation. Finding no merit to the defendant's claim, we affirm. http://www.tba.org/tba_files/TCCA/Dillardd_opn.WP6
HAROLD L. FITTS VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RICHARD HEDGEPATH, JR. JOHN KNOX WALKUP 4800 Charlotte Pike Attorney General & Reporter Nashville, TN 37209 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 ROGER MOORE Asst. District Attorney General Washington Square, Suite 500 222 Second Ave., North Nashville, TN 37219-1649 Judge:PEAY First Paragraph: The petitioner was charged with aggravated rape, incest, sexual battery, assault, and two counts of rape. In June 1997, he entered a best interest plea to attempted aggravated rape and was sentenced as a Range I standard offender to ten years in the Department of Correction. All other charges were dismissed. In September 1997, he filed a petition for post-conviction relief and a subsequent amendment alleging ineffective assistance of counsel. The trial court entered an order denying relief, and the petitioner appealed. Finding no merit to the petitioner's arguments, we affirm. http://www.tba.org/tba_files/TCCA/Fittshl_opn.WP6


						

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