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July 09, 1999
Volume 5 -- Number 095
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 |
| 08 |
New Opinion(s) from the Tennessee Court of Criminal Appeals |
| 00 |
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
STATE OF TENNESSEE
VS.
MELISSA D. ANDERSON
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
John Knox Walkup J. Thomas Marshall, Jr.
Attorney General of Tennessee District Public Defender
and 101 S. Main Street
Timothy F. Behan Clinton, TN 37716
Asst Attorney General of Tennessee
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
James N. Ramsey
District Attorney General
and
Jan Hicks
Assistant District Attorney General
127 Anderson County Courthouse
Clinton, TN 37716
Judge:TIPTON
First Paragraph:
This case presents the question of whether a trial court without a
community corrections program in its district has the authority to
impose a community corrections sentence upon the resident of another
judicial district to be served in the defendant's judicial district
whose community corrections program agrees to accept supervision
responsibility. The state appeals as of right from the Anderson County
Criminal Court's imposition of a three-year community corrections
sentence upon the defendant, Melissa D. Anderson, to be served in a
program in Roane County, where the defendant resides. The state
contends that the trial court did not have the authority to impose such
a sentence. We affirm the judgment of conviction.
http://www.tba.org/tba_files/TCCA/Andersmd_opn.WP6
STATE OF TENNESSEE
VS.
RONALD R. FONTENOT
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN KNOX WALKUP V. MICHAEL FOX
Attorney General and Reporter 315 Deaderick Street
First American Center, 20th Floor
MARVIN E. CLEMENTS, JR. Nashville, TN 37238-2075
Assistant Attorney General
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243
RONALD L. DAVIS
District Attorney General
LEE E. DRYER
Assistant District Attorney General
P. O. Box 937
Franklin, TN 37065-0937
Judge:WILLIAMS
First Paragraph:
The Williamson County Grand Jury indicted the defendant, Ronald R.
Fontenot, for three counts of driving under the influence. The trial
court found that the initial traffic stop was invalid and thus granted
Fontenot's motion to suppress and dismissed the state's case. The state
appeals, alleging that the arresting officer conducted a legitimate
investigatory stop based on reasonable, articulable suspicion of
criminal activity, and, therefore, the trial court should have denied
the motion to suppress. We AFFIRM the trial court's judgment.
http://www.tba.org/tba_files/TCCA/Fontntrr_opn.WP6
STATE OF TENNESSEE
VS.
RANDY LEE JONES
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Paul D. Cross John Knox Walkup
Attorney for the Defendant Attorney General and Reporter
100 Highway 64 West
P.O. Box 99 Karen M. Yacuzzo
Monteagle, TN 37356 Assistant Attorney General
425 Fifth Avenue, North
Cordell Hull Building, Second Floor
Nashville, TN 37243-0493
J. Michael Taylor
District Attorney General
1st American Bank Building
Third and Market Streets
Dayton, TN 37321
Thomas D. Hembree
Assistant District Attorney General
Lawyers Building Courthouse
Jasper, TN 37347
Judge:WADE
First Paragraph:
The defendant, Randy Lee Jones, was convicted of the first degree
premeditated murder of Buster Dewey Caldwell and Marsha Sue Green
Anderson. Initially, the trial court imposed concurrent life sentences
but two months later ordered consecutive sentences.
http://www.tba.org/tba_files/TCCA/Jonesrl_wpd.WP6
STATE OF TENNESSEE
VS.
LOUIS LAVERGNE
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Mark C. Scruggs Paul G. Summers
Attorney for Appellant Attorney General and Reporter
P. O. Box 158932
Nashville, TN 37215-8932 Marvin E. Clements, Jr.
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Victor S. (Torry) Johnson III
District Attorney General
Katy Novak Miller
Asst. District Attorney General
Washington Sq., Suite 500
222-2nd Avenue N.
Nashville, TN 37201-1649
Judge:HAYES
First Paragraph:
The appellant, Louis Lavergne, pled guilty to the offense of voluntary
manslaughter in the Davidson County Criminal Court. Pursuant to the
plea agreement, both the length of the sentence and the manner of
service were submitted to the trial court for determination. The trial
court subsequently imposed a four year sentence to be served in the
Department of Correction. In this appeal, the appellant challenges both
the length of the sentence and the trial court's denial of a sentencing
alternative to total confinement.
http://www.tba.org/tba_files/TCCA/Lavernl_opn.WP6
STATE OF TENNESSEE
VS.
AMANDA MARKOWICZ
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Gregory D. Smith, Attorney John Knox Walkup
One Public Square, Ste. 321 Attorney General and Reporter
Clarksville, TN 37040
and Michael J. Fahey, II
Mack Garner Assistant Attorney General
District Public Defender Criminal Justice Division
419 High Street 425 Fifth Avenue North
Maryville, TN 37804 Nashville, TN 37243
(on appeal)
Edward P. Bailey, Jr.
Edgar A. Wilder, Attorney Asst District Attorney General
222 Ellis Avenue Blount County Courthouse
Maryville, TN 37804 363 Court Street
and Maryville, TN 37804
Richard L. Gann, II,
Attorney
P.O. Box 6888
Maryville, TN 37802
(at trial)
Judge:WADE
First Paragraph:
The defendant, Amanda Markowicz, appeals the trial court's revocation of
a sentence under the community corrections program. The single issue
presented for review is whether the trial court erred by revoking the
community corrections sentence.
We affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Markowza_opn.WP6
STATE OF TENNESSEE
VS.
JAMIE DWAYNE REED
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CARL R. OGLE, JR. JOHN KNOX WALKUP
P. O. Box 129 Attorney General and Reporter
Jefferson City, TN 37760
ERIK W. DAAB
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
AL SCHMUTZER, JR.
District Attorney General
W. BROWLOW MARSH
Assistant District Attorney
339 East Main Street
Newport, TN 37821
Judge:SMITH
First Paragraph:
On September 25, 1990, a Cocke County jury convicted Appellant Jamie
Dwayne Reed of voluntary manslaughter. That same day, the trial court
sentenced Appellant as a Range I standard offender to a term of five
years in the Tennessee Department of Correction. Appellant filed a
motion for a new trial on October 19, 1990, and the trial court denied
the motion on October 22, 1990. Appellant filed notice of appeal on
October 22, 1990. Apparently, no further activity occurred in this case
until September 25, 1997, when the State filed a motion to revoke
Appellant's bond because he had failed to file notice or perfect an
appeal in this Court. Appellant filed a motion to reinstate his bond on
February 18, 1998, and the trial court reinstated bond on April 8, 1998.
On appeal, Appellant challenges both his conviction and his sentence,
raising the following issues:
1) whether the evidence was sufficient to support his conviction;
2) whether the jury was prejudiced by a comment made by a bailiff;
3) whether the trial court imposed an excessive sentence; and
4) whether the trial court should have imposed probation.
After a review of the record, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Reedjam_opn.WP6
JAMES SPRAGUE
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
LAURA RULE HENDRICKS PAUL G. SUMMERS
606 West Main St., Suite 350 Attorney General & Reporter
P.O. Box 84
Knoxville, TN 37901-0084 R. STEPHEN JOBE
Asst. Attorney General
Cordell Hull Bldg., 2nd Fl.
425 Fifth Ave., North
Nashville, TN 37243-0493
RANDALL NICHOLS
District Attorney General
SCOTT GREEN
Asst. District Attorney General
400 Main Ave.
Knoxville, TN 37902
Judge:PEAY
First Paragraph:
The petitioner pled guilty to two counts of sexual exploitation of a
minor and entered a best interest plea to one count of aggravated sexual
battery. Pursuant to a plea bargain, he was sentenced to a term of one
year on each count of sexual exploitation of a minor and eight years for
aggravated sexual battery. These sentences were to run concurrently.
His subsequent petition for post-conviction relief was denied by the
post-conviction court after an evidentiary hearing. The petitioner now
appeals and contends that he did not receive the effective assistance of
counsel and that his guilty pleas were not knowing or voluntary. After
a review of the record and applicable law, we find no merit to the
petitioner's contentions and thus affirm the denial of his
post-conviction petition.
http://www.tba.org/tba_files/TCCA/Spraguej_opn.WP6
STATE OF TENNESSEE
VS.
JOHN L. STUPP
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GREGORY D. SMITH (on appeal) JOHN KNOX WALKUP
Attorney at Law Attorney General & Reporter
One Public Sq., Ste. 321
Clarksville, TN 37040 MARVIN S. BLAIR, JR.
Asst. Attorney General
NATALIE HURLEY (at hearing and 425 Fifth Ave. North
of counsel on appeal) 2d Floor, Cordell Hull Bldg.
Assistant Dist. Public Defender Nashville, TN 37243-0493
419 High St.
Maryville, TN 37804
MICHAEL L. FLYNN
District Attorney General
TAMMY HARRINGTON
Asst. District Attorney General
363 Court St.
Maryville, TN 37804
Judge:WITT
First Paragraph:
The defendant, John L. Stupp, appeals the revocation of his probationary
sentence. He was convicted upon his guilty pleas of Class D felony
theft of property, Class A misdemeanor theft of services, Class E felony
possession of a Schedule VI drug for resale, Class D felony burglary,
and Class A misdemeanor possession of drug paraphernalia. He agreed to
a five-year effective sentence, and the trial court imposed probation.
Upon release from the Blount County Jail, the defendant was to live at
the Salvation Army in Knox County until other arrangements could be made
by his probation officer. The day after his release, the defendant left
the Salvation Army facility. Moreover, he failed to make contact with
his probation officer as he had been instructed to do. The defendant
admitted as much at the sentencing hearing, although he claimed he had
unsuccessfully attempted to contact his probation officer by telephone.
On review, we find no error of law requiring reversal and affirm the
trial court's revocation pursuant to Rule 20 of the rules of this court.
http://www.tba.org/tba_files/TCCA/Stuppjl_opn.WP6
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