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May 24, 1999
Volume 5 -- Number 070
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):
-
| 04 |
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 |
| 09 |
New Opinion(s) from the Tennessee Court of Appeals |
| 10 |
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
TODD FREDERICK BROOKS
VS.
LINDA FAYE CARTER
Court:TSC
Attorneys:
FOR APPELLANT FOR APPELLEE
The Hardison Law Firm Rita L. Stotts
Robert L. J. Spence, Jr. Viola E. Johnson
Memphis, TN Memphis, TN
Judge:DROWOTA
First Paragraph:
In this child custody case, we granted the application for extraordinary
appeal to consider whether the Court of Appeals erred by ordering that
mandate issue before the time period set forth by Tenn. R. App. P. 42
had expired.
http://www.tba.org/tba_files/TSC/Brooksto_opn.WP6
LORRAINE BURTON SPIERS
MARCUS,
VS.
TRENT WRIGHT MARCUS
Court:TSC
Attorneys:
FOR APPELLANT FOR APPELLEE
Daniel Loyd Taylor Caren B. Nichol
Craig B. Flood, II Memphis, TN
Memphis, TN
Judge:DROWOTA
First Paragraph:
In this case, we consider whether the Chancery Court of Shelby County
abused its discretion in declining jurisdiction of a suit for the
modification of child custody. Apparently finding that the plaintiff
was barred from filing suit in Tennessee due to her violation of
previous child support orders entered in North Carolina, the trial court
dismissed the plaintiff's complaint. The Court of Appeals reversed.
Because we find that the trial court acted within its discretion as set
forth in Tenn. Code Ann. S 36-6-209(b) (1996), we reverse the Court of
Appeals and reinstate the trial court's order dismissing the plaintiff's
complaint.
http://www.tba.org/tba_files/TSC/Marcuslo_opn.WP6
STATE OF TENNESSEE
VS.
WILBERT K. ROGERS,
Court:TSC
Attorneys:
For the Appellant: For the Appellee:
Walker Gwinn John Knox Walkup
Assistant Public Defender Attorney General & Reporter
Memphis, Tennessee
Michael E. Moore
W. Mark Ward Solicitor General
Assistant Public Defender
Memphis, Tennessee Todd R. Kelley
Assistant Attorney General
Tony N. Brayton Nashville, Tennessee
Assistant Public Defender
Memphis, Tennessee William L. Gibbons
(Trial Only) District Attorney General
30th Judicial District
Amy Weirich
Assistant District Attorney General
Memphis, Tennessee
Judge:CRAFT
First Paragraph:
The sole issue in this appeal is whether the common law year-and-a-day
rule is currently a viable principle of criminal law in Tennessee. The
defendant argued in the Court of Criminal Appeals that his conviction
for second degree murder should be set aside because the victim's death
did not occur within a year and one day of the fatal stab wounds. The
Court of Criminal Appeals rejected the defendant's argument and affirmed
his conviction upon finding that the common law year-and-a-day rule was
abolished by the Criminal Sentencing Reform Act of 1989. For the
reasons that follow, we hold that the rule was not abolished by the 1989
Criminal Sentencing Reform Act. However, the justifications originally
supporting recognition of the rule have been eroded by advances in
medical science, improved trial procedure, and sentencing reforms.
Therefore, we hereby abolish the now obsolete common law year-and-a-day
rule. Because the rule has been judicially abrogated by almost every
court which has recently considered the issue, we conclude that our
decision does not constitute an unforseeable judicial enlargement of a
criminal statute; therefore, retrospective application of this decision
is not barred by the ex post facto clauses of the state and federal
constitutions. Accordingly, we affirm, on the separate grounds stated,
the judgment of the Court of Criminal Appeals which upheld the
defendant's conviction of second degree murder.
http://www.tba.org/tba_files/TSC/Rogerswk_opn.WP6
FRANK SANJURJO, et al.
VS.
LOWELL WOODS
Court:TSC
ORDER
Judge:BLOUNT
First Paragraph:
We granted the appellant's application for permission to appeal to
review the decision of the Court of Appeals sitting at Knoxville. After
due consideration of the record, briefs, applicable authority, and oral
argument of the parties, we conclude that the appeal was "Improvidently
Granted." It is, therefore, ORDERED that the appeal is hereby dismissed
at costs to the appellant, for which execution may issue if necessary.
http://www.tba.org/tba_files/TSC/Sanjurjo_ord.WP6
BETHANY CHRISTIAN SERVICES,
INC.
VS.
JONATHAN NATHANIEL JACKSON
Court:TCA
Attorneys:
MICHAEL S. JENNINGS,
SAMPLES, JENNINGS & PINEDA, P.L.L.C., Chattanooga, for Appellee.
BARBARA L. BROERSMA,
Chattanooga, for Appellant.
Judge:FRANKS
First Paragraph:
In this termination of parental rights case, plaintiff Bethany Christian
Services, Inc., sued the putative father, Jonathan Nathaniel Jackson,
and the Trial Judge terminated Jackson's parental rights.
http://www.tba.org/tba_files/TCA/Bethany_opn.WP6
RUBYE WYRICK CRESWELL,
VS.
JOHN E. CRESWEL
Court:TCA
Attorneys:
JOHN P. VALLIANT, JR.,
and
PAUL HENSLEY,
Knoxville, for Plaintiff-Appellee.
SARAH Y. SHEPPEARD
and
JASON H. LONG,
SHEPPEARD & SWANSON, P.L.C.,
Knoxville, for Defendant-Appellant.
Judge:FRANKS
First Paragraph:
In this divorce action both parties appeal the distribution of the
marital property ordered by the Trial Judge, raising issues as to the
classification, valuation and equitable distribution of the properties
owned by the parties at the time of the divorce.
http://www.tba.org/tba_files/TCA/Creswell_opn.WP6
STATE OF TENNESSEE, EX REL.,
JUDY DEBYL,
VS.
BRYAN SCOTT GRAHAM
Court:TCA
Attorneys:
For Appellant For Appellee
D. MITCHELL BRYANT PAUL G. SUMMERS
Cleveland, Tennessee Attorney General & Reporter
Nashville, Tennessee
TAMMY D. KENNEDY
Assistant Attorney General
Nashville, Tennessee
Judge:SUSANO
First Paragraph:
This is post-divorce litigation between the parents of Peyton Tanner
Graham ("Tanner") (DOB: October 14, 1980). The proceedings below, as
pertinent to this appeal, focused on the child support obligations of
the minor child's father, Bryan Scott Graham ("Father"). After the
trial court granted Judy Debyl ("Mother") custody of Tanner, it adjudged
a child support arrearage against Father of $4,599.29 and ordered him to
continue paying child support of $117.81 per week until his obligation
terminated pursuant to the provisions of T.C.A. S 34-11-102(b).
http://www.tba.org/tba_files/TCA/Debyljg_opn.WP6
STATE OF TENNESSEE, ex rel.,
CAMPBELL COUNTY, TENNESSEE, et al.
VS.
ELK VIEW LAND AND GRAVEL, INC.,
et al., and BARBARA LAY,
VS.
JOE KIDD, et ux.
Court:TCA
Attorneys:
For Appellants For Appellee State of Tennessee
DAVID A. STUART JOHN KNOX WALKUP
Stuart & Van Riper Attorney General and Reporter
Clinton, Tennessee
CYNTHIA L. PADUCH
Senior Counsel
For Appellee Campbell County,
Tennessee
PETER D. VAN DE VATE
Knoxville, Tennessee
For Appellees Joe Kidd
and wife, Beulah Kidd
DAVID E. RODGERS
Kramer, Rayson, Leake,
Rodgers & Morgan
Oak Ridge, Tennessee
Judge:SUSANO
First Paragraph:
This appeal requires us to determine whether the lower court erred when
it conducted a bench trial on the merits of the parties' respective
claims and thereafter issued a permanent injunction, all in the face of
a written demand for a jury trial.
http://www.tba.org/tba_files/TCA/Elkview_opn.WP6
ALBERT C. HARJES, III, and
wife, MARY DENISE HARJES,
VS.
JEWELL I. RUSSELL,
and
DONNA RUSSELL
Court:TCA
Attorneys:
For Appellant For Appellees
JEWELL I. RUSSELL JAMES W. CLEMENTS, III
Pro Se Kennedy, Fulton, Koontz &
Woodbury, Tennessee Farinash
Chattanooga, Tennessee
Judge:SUSANO
First Paragraph:
Plaintiffs Albert C. Harjes, III, and his wife, Mary Denise Harjes,
filed this action against Jewell I. Russell and her daughter, Donna
Russell, seeking damages for the Russells' alleged misrepresentations in
connection with the sale of the Russells' residence to the plaintiffs.
Following a bench trial, the court found that Jewell I. Russell
("Russell") had made a misrepresentation regarding the existence of
water problems on the subject property. Accordingly, the trial court
awarded the plaintiffs damages of $2,950, which amount represents the
cost of repairs to the property.
http://www.tba.org/tba_files/TCA/Harjesac_opn.WP6
MIKE HARVEY, on behalf of himself
and all others similarly situated,
VS.
FORD MOTOR CREDIT COMPANY
Court:TCA
Attorneys:
GORDON BALL, Knoxville, for Plaintiff-Appellant.
STEVEN D. LIPSEY,
STONE & HINDS, P.C., Knoxville, and
THOMAS M. BYRNE
and DANIEL H. SCHLUETER,
SUTHERLAND, ASBILL & BRENNAN, LLP, Atlanta,
for Defendant-Appellee.
PAUL G. SUMMERS,
Tennessee Attorney General and Reporter, and
TIMOTHY C. PHILLIPS,
Assistant Attorney General, Nashville, Amicus Curiae for the
State of Tennessee.
Judge:FRANKS
First Paragraph:
Appellant filed his complaint designated a class action, alleging that
Ford Motor Credit Company ("Ford Credit") engaged in a scheme with Ford
dealers to mislead consumers and conceal the practice of dealer reserve.
The complaint initially alleged two causes of action based on Ford
Credit's violation of the Tennessee Consumer Protection Act ("TCPA") and
unjust enrichment. The Trial Court conditionally certified the
requested class of consumers, but subsequently set aside that order.
http://www.tba.org/tba_files/TCA/Harveym_opn.WP6
STEWART WAYNE PAIT
VS.
CITY OF GATLINBURG and
HARRY MONTGOMERY
Court:TCA
Attorneys:
STEWART WAYNE PAIT,
Pro Se, APPELLANT
RONALD E. SHARP
OF SEVIERVILLE FOR APPELLEES
Judge:GODDARD
First Paragraph:
Plaintiff Stewart Wayne Pait appeals a judgment of the Chancery Court
for Sevier County which dismissed his suit seeking certain information
he contended was possessed by the Defendants in connection with his
criminal conviction for solicitation to commit first degree murder and
forgery.
http://www.tba.org/tba_files/TCA/Paitst_opn.WP6
STATE OF TENNESSEE,
VS.
RICHARD M. PARROTT and
EDITH L. PARROTT
Court:TCA
Attorneys:
For Appellant Richard Parrott: For the Appellee:
Charles R. Ray John Knox Walkup
211 Third Avenue North Attorney General of Tennessee
Nashville, TN 37219-8288 and
Janis L. Turner
For Appellant Edith L. Parrott: Assistant Attorney General of
Tennessee
425 Fifth Avenue North
John E. Herbison Nashville, TN 37243-0493
2016 Eighth Avenue South
Nashville, TN 37204 H. Greeley Wells, Jr.
District Attorney General
P.O. Box 526
Blountville, TN 37617-0526
Judge:TIPTON
First Paragraph:
The defendants, Richard M. and Edith L. Parrott, appeal as of right from
their respective drug convictions in a jury trial in the Sullivan County
Criminal Court, specifically Mr. Parrott's convictions for possession of
a schedule III drug and possession of a schedule IV drug, Class A
misdemeanors, and Mrs. Parrott's convictions for possession with intent
to sell over one-half gram of a schedule II drug, a Class B felony, and
two counts of possession of a schedule III drug, a Class A misdemeanor.
Mr. Parrott received an eleven-month, twenty-nine-day concurrent
sentence for each conviction with fifty percent to be served in the
county jail and the remainder to be served on probation.
http://www.tba.org/tba_files/TCA/Parrotrm_opn.WP6
RUTH L. WILLIAMS
VS.
JAMES BOTTS and wife,
BRENDA BOTT
Court:TCA
Attorneys:
CHRIS RALLS,
Maryville, for Plaintiff-Appellant.
REX A. DALE,
JOHNSON & DALE, Lenoir City, for Defendants-Appellees.
Judge:FRANKS
First Paragraph:
In this action, the issue is the width of plaintiff's right-of-way
across a portion of defendants' property. The Trial Court determined
the width to be 25 feet and the plaintiff has appealed.
http://www.tba.org/tba_files/TCA/Williams_opn.WP6
STATE OF TENNESSEE
VS.
JOY ELIZABETH BARRON
Court:TCCA
Attorneys:
FOR THE APPELLANT:
JOHN KNOX WALKUP
Attorney General and Reporter
TODD R. KELLEY
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
CHARLES E. HAWK
District Attorney General
FRANK A. HARVEY
Assistant District Attorney General
P.O. Box 703
Kingston, TN 37763-0703
FOR THE APPELLEE:
JOE H. WALKER
District Public Defender
WALTER B. JOHNSON II
Assistant District Public Defender
502 Roane Street
P.O. Box 334
Harriman, TN 37748-0334
Judge:RILEY
First Paragraph:
A Roane County Grand Jury indicted defendant in February 1997 for four
criminal offenses, including three felonies. While on bond, defendant
committed another felony in Loudon County. She pled guilty in Loudon
County and was sentenced in November 1997. Subsequently, she pled
guilty and was sentenced on the Roane County charges in June 1998. The
trial court allowed the Roane County sentences to run concurrently to
the Loudon County convictions. The state appeals this decision and
argues that consecutive sentencing is mandatory under these
circumstances. Defendant concedes the issue, and we agree. Thus, we
REVERSE and REMAND for entry of modified judgments which reflect that
the sentences for the Roane County convictions run consecutively to the
Loudon County conviction.
http://www.tba.org/tba_files/TCCA/Barronje_opn.WP6
TIM DENTON
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Tim Denton, pro se John Knox Walkup
M. C. R. C. F. Box 2000 Attorney General and Reporter
Wartburg, TN 37887 450 James Robertson Parkway
Nashville, TN 37243-0493
Ellen Pollack
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Frank Harvey
Assistant District Attorney General
P.O. Box 703
Kingston, TN 37763
Judge:OGLE
First Paragraph:
The petitioner, Tim Denton, appeals the Morgan County Criminal Court's
dismissal of his petition for a writ of habeas corpus. On November 27,
1989, a Cocke County Grand Jury indicted the appellant for aggravated
rape, armed robbery, and aggravated kidnapping, occurring in August of
1989. Following a trial by jury, the Cocke County Criminal Court
convicted the petitioner of all three offenses and imposed an effective
sentence of twenty-two (22) years incarceration in the Tennessee
Department of Correction.
http://www.tba.org/tba_files/TCCA/Dentonti_op.WP6
STATE OF TENNESSEE
VS.
TEDDY ECHOLS, a.k.a.
TEDDY LEE ECHOLS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ARDENA H, GARTH JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
DONNA ROBINSON MILLER MICHAEL J. FAHEY, II
Assistant Public Defender Assistant Attorney General
701 Cherry Street, Ste 300 2nd Floor, Cordell Hull Building
Chattanooga, TN 37402 425 Fifth Avenue North
Nashville, TN 37243
WILLIAM H. COX, III
District Attorney General
BARRY A. STEELMAN
Assistant District Attorney General
600 Market Street, Suite 310
Chattanooga, TN 37402
Judge:WOODALL
First Paragraph:
The Defendant, Teddy Echols (a.k.a. Teddy Lee Echols), appeals as of
right his conviction in the Knox County Criminal Court for aggravated
robbery. The trial court sentenced Defendant as a Range I Standard
Offender to eight (8) years and one (1) month in the Tennessee
Department of Correction. In this appeal, Defendant raises the
following two issues: (1) whether the evidence was sufficient to
establish that Defendant was the perpetrator of the crime; and (2)
whether the jury instruction regarding parole eligibility release dates
violated Defendant's right to due process. After a careful review of
the record, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Echolste_opn.WP6
STATE OF TENNESSEE
VS.
CHRIS EUGENE ETTERS
Court:TCCA
Attorneys:
For Appellant: For Appellee:
John Knox Walkup David Overbay
Attorney General and Reporter 1740 Euclid Avenue
450 James Robertson Parkway Bristol, VA 24203
Nashville, TN 37243-0493
Vincent Sikora
Albert L. Partee, III P.O. Box 821
Senior Counsel Piney Flats, TN 37686
Enforcement Division
425 Fifth Avenue North, 2nd Floor
Nashville, TN 37243-0494
Lewis Combs, Jr.
Assistant District Attorney General
Blountville, TN 37617
Judge:OGLE
First Paragraph:
The defendant, Chris Eugene Etters, was indicted on February 12, 1997,
on one count of vandalism in the amount of $10,000 or more and on one
count of violating the Tennessee Water Quality Act. The defendant
applied for pretrial diversion. On June 2, 1997, the District Attorney
General denied the request. On January 7, 1998, the Criminal Court of
Sullivan County overruled the District Attorney General and granted the
defendant pretrial diversion. Accordingly, on February 10, 1998, the
District Attorney General entered into a memorandum of understanding
with the defendant, setting forth the conditions of the defendant's
pretrial diversion. The State additionally applied for permission to
appeal the interlocutory order of the trial court pursuant to Tenn. R.
App. P. 9, which application was granted by the trial court and by this
court. In this appeal, the State asserts that the trial court
incorrectly overruled the District Attorney General's denial of pretrial
diversion.
http://www.tba.org/tba_files/TCCA/Etters_div.WP6
JULIUS GOODMAN
VS.
HOWARD CARLTON, WARDEN,
and STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JULIUS GOODMAN, pro se JOHN KNOX WALKUP
Northeast Correction Complex #91453 Attorney General & Reporter
P.O. Box 5000
Mountain City, TN 37683 ELLEN H. POLLACK
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
JOE C. CRUMLEY, JR.
District Attorney General
114 Alf Taylor Road
Johnson City, TN 37601
Judge:WOODALL
First Paragraph:
Julius Goodman, the Petitioner, appeals the dismissal of his petition
for habeas corpus relief. In 1985, the Petitioner pled guilty to
aggravated rape and was sentenced to forty (40) years imprisonment in
the Haywood County Circuit Court. On February 13, 1998, Petitioner
filed a petition for habeas corpus relief, asserting that the indictment
for aggravated rape was invalid as it did not contain the requisite mens
rea. The trial court dismissed the petition based upon the issue not
being amenable to habeas corpus relief. On March 25, 1998, the
Petitioner filed a motion to reconsider the dismissal and to amend his
petition for habeas corpus relief. In the amendment, Petitioner stated
that the District Attorney failed to sign the indictment sent to the
grand jury and such failure rendered the indictment against him void.
This motion was also denied by the trial court, and Petitioner appeals
on the basis of this denial. We affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Goodmanj_opn.WP6
SEYMORE HAYES, III
VS.
STATE OF TENNESSEE
Court:TCCA
ORDER
First Paragraph:
By separate order, the court has affirmed the judgment of the criminal
court in this case by order rather than by formal opinion pursuant to
Rule 20, Tenn. Crt. Crim. App. Rules. It appearing that the petitioner
is indigent, it is hereby ORDERED that the costs of this cause are taxed
to the State of Tennessee.
http://www.tba.org/tba_files/TCCA/hayess_ord.WP6
STATE OF TENNESSEE
VS.
HARRY DAVID JOHNSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT C. NEWTON JOHN KNOX WALKUP
900 Anderson Street Attorney General & Reporter
Bristol, TN 37620
ELIZABETH B. MARNEY
PAUL R. WOHLFORD Assistant Attorney General
900 Anderson Street 425 Fifth Avenue North
Bristol, TN 37620 2d Floor, Cordell Hull Bldg.
Nashville, TN 37243-0493
GARY E. BREWER
P.O. Box 2046 TERESA M. SMITH
Morristown, TN 37816-2046 JOSEPH EUGENE PERRIN
Asst. Dist. Attorney General
P.O. Box 526
Blountville, TN 37617
Judge:WITT
First Paragraph:
The defendant, Harry David Johnson, appeals his conviction in the
Sullivan County Criminal Court where a jury found him guilty of the
first degree murder of his wife, Katherine Trotter Johnson. The trial
court sentenced him to incarceration for life.
http://www.tba.org/tba_files/TCCA/Johnsnhd_opn.WP6
BOBBY ALLEN JOYNER
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
BOBBY ALLEN JOYNER, pro se JOHN KNOX WALKUP
N.E.C.C. #114016 Attorney General & Reporter
P.O. Box 5000
Mountain City, TN 37683 ELLEN H. POLLACK
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
H. GREELEY WELLS, JR.
District Attorney General
140 Blountville Bypass
P.O. Box 526
Blountville, TN 37617-0526
Judge:WOODALL
First Paragraph:
The Petitioner, Bobby Allen Joyner, appeals as of right the trial
court's dismissal of his petition for post-conviction relief. After a
careful review of the record, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Joynerba_opn.WP6
STATE OF TENNESSEE
VS.
FRANKIE LEE LUNSFORD
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
TERRY C. FRYE, JOHN KNOX WALKUP
1969 Lee Highway Attorney General & Reporter
Bristol, Virginia 24201
ELIZABETH B. MARNEY
Assistant Attorney General
2nd Floor, Cordell Hull Building
425 Fifth Avenue North
Nashville, TN 37243
H. GREELEY WELLS, JR.
District Attorney General
TERESA MURRAY-SMITH
Assistant District Attorney General
P.O. Box 526
Blountville, TN 37617
Judge:WOODALL
First Paragraph:
The Defendant, Frankie Lee Lunsford, appeals as of right from his
sentencing in the Sullivan County Criminal Court. Defendant was charged
with one (1) count of Class D felony child abuse and pled guilty on
February 23, 1998. As agreed to by the State and the Defendant as part
of the plea agreement, the trial court was to determine the manner of
service of a three (3) year sentence for the Defendant as a Range I
Standard Offender. The State agreed not to oppose Defendant's request
for alternative sentencing. The trial court denied any form of
alternative sentencing, and sentenced the Defendant to serve three (3)
years in the Tennessee Department of Correction. We affirm the judgment
of the trial court.
http://www.tba.org/tba_files/TCCA/Lunsfrdf_opn.WP6
JONATHAN STEPHENSON
VS.
HOWARD CARLTON, WARDEN,
and STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JONATHAN STEPHENSON, pro se JOHN KNOX WALKUP
Northeast Correction Complex #140145 Attorney General & Reporter
P.O. Box 5000
Mountain City, TN 37683 ELLEN H. POLLACK
Assistant Attorney General
2nd Floor, Cordell Hull Bldg
425 Fifth Avenue North
Nashville, TN 37243
JOE C. CRUMLEY, JR.
District Attorney General
114 Alf Taylor Road
Johnson City, TN 37601
Judge:WOODALL
First Paragraph:
The Petitioner, Jonathan Stephenson, appeals from the dismissal of his
petition for habeas corpus relief. Petitioner was tried and convicted
in 1990 for conspiracy to commit first degree murder and for the first
degree murder of his wife. He was originally sentenced to death.
Petitioner's convictions were affirmed on appeal, but the death sentence
was reversed and the case was remanded to the trial court for
resentencing. State v. Stephenson, 878 S.W.2d 530 (Tenn. 1994). On
October 6, 1994, Petitioner was resentenced to life without parole for
the first degree murder conviction and to sixty (60) years for
conspiracy to commit the murder.
http://www.tba.org/tba_files/TCCA/Stphnsnj_opn.WP6
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