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):
 
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
08 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.
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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