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July 26, 1999
Volume 5 -- Number 104
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 |
| 00 |
New Document(s) or Proposed Rule(s) from the Tennessee Supreme
Court |
| 00 |
New Opinion(s) from the Tennessee Court of Appeals |
| 06 |
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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will allow you to download the original WordPerfect 6.0 document.
Lucian T. Pera
Editor-in-Chief, TBALink
STATE OF TENNESSEE
VS.
VERLIN RALPH DURHAM
Court:TCCA
Attorneys:
For Appellant For Appellee
Gerald L. Gulley, Jr. John Knox Walkup
Contract Appellate Defender Attorney General and Reporter
P.O. Box 1708 425 Fifth Avenue North
Knoxville, TN 37901-1708 Nashville, TN 37243-0493
David Bautista Ellen H. Pollack
District Public Defender Assistant Attorney General
P.O. Box 996 425 Fifth Avenue North
Johnson City, TN 37605 Nashville, TN 37243-0493
Jeffrey C. Kelly David Crockett
Offc of the Distr Public Defender District Attorney General
P.O. Box 996 P.O. Box 38
Johnson City, TN 37605 Jonesborough, TN 37659
Lisa Nidiffer Rice
Asst District Attorney General
P.O. Box 38
Jonesborough, TN 37659
Judge:OGLE
First Paragraph:
The appellant, Verlin Ralph Durham, appeals as of right his conviction
by a jury in the Criminal Court for Washington County of premeditated
first degree murder. The trial court imposed a sentence of life
imprisonment in the Tennessee Department of Correction. On appeal, the
appellant presents the following issues for our review:
1. Whether the jury's verdict is supported by sufficient evidence.
2. Whether the trial court erroneously admitted testimony concerning
a prior threatening statement made by the appellant to the victim,
thereby violating the Tennessee Rules of Evidence and denying the
appellant due process of law under the Fourteenth Amendment to the
United States Constitution and Article I, Section 8 of the Tennessee
Constitution.
3. Whether the trial court erroneously prohibited the appellant's
daughter from testifying concerning the victim's prior statements
contrary to the rules of evidence and principles of due process.
4. Whether the prosecutor engaged in misconduct during closing
argument.
5. Whether the trial court impermissibly advised the jury that a
"good closing argument" should not exceed twenty minutes.
6. Whether the cumulative effect of the errors denied the appellant
due process of law.
Following a thorough review of the record and the parties' briefs, we
affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Durhamvr_opn.WP6
STATE OF TENNESSEE
VS.
DONALD MCKINNEY
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
HOLLIS I. MOORE, JR. PAUL G. SUMMERS
Offc of the Metro Public Defender Attorney General & Reporter
1202 Stahlman Building
Nashville, TN 37201 MARVIN E. CLEMENTS
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
VICTOR S. JOHNSON
District Attorney General
EDWARD S. RYAN
Assistant District Attorney
Washington Sq., Ste. 500
Nashville, TN 37201-1649
Judge:SMITH
First Paragraph:
On January 18, 1998, the Davidson County Grand Jury indicted Appellee
Donald McKinney for driving under the influence of an intoxicant, sixth
offense. On July 7, 1998, Appellee filed a motion to dismiss the
indictment. The trial court granted the motion on July 16, 1998. The
State challenges the trial court's dismissal of the indictment, raising
the following issue: whether the trial court erred when it determined
that the indictment should be dismissed because Appellee's right to a
speedy trial had been violated. After a review of the record, we find
that neither Appellee's rights to a speedy trial nor his rights to due
process of law were violated by the delay in bringing him to trial. The
judgment of the trial court must therefore be reversed and the case
remanded for trial.
http://www.tba.org/tba_files/TCCA/Mickindo_opn.WP6
STATE OF TENNESSEE
VS.
CEDRIC PHELPS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
STACY A. TURNER JOHN KNOX WALKUP
105 South Third Street Attorney General & Reporter
Clarksville, TN 37040
KAREN M. YACUZZO
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
JOHN WESLEY CARNEY, JR.
District Attorney General
DANIEL BROLLIER
Assistant District Attorney General
204 Franklin Street, Suite 200
Clarksville, TN 37040
Judge:WILLIAMS
First Paragraph:
The defendant, Cedric Phelps, was convicted of first degree murder in
the perpetration of aggravated child abuse, see Tenn. Code Ann. SS
39-13-202; 39- 15-402, and sentenced to life in prison. He appeals,
arguing that the trial court erroneously admitted certain prejudicial
testimony and that the evidence at trial was insufficient to support the
jury's verdict of guilt. We affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Phelpsc_opn.WP6
STATE OF TENNESSEE
VS.
JACK R. ROBERTS
Court:TCCA
Attorneys:
FOR THE APPELLANT:
DONALD G. DICKERSON
310-D East Broad Street
Cookeville, TN 38501-3304
FOR THE APPELLEE:
PAUL G. SUMMERS
Attorney General and Reporter
KIM R. HELPER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
WILLIAM EDWARD GIBSON
District Attorney General
BENJAMIN W. FANN
Assistant District Attorney General
145 S. Jefferson Avenue
Cookeville, TN 38501-3424
Judge:RILEY
First Paragraph:
The defendant, Jack R. Roberts, pursuant to a Tenn. R. App. P. 9
interlocutory appeal, challenges the denial of pretrial diversion by the
District Attorney General and subsequent denial of relief by the trial
court. Defendant was indicted for the Class C felony of aggravated
assault and contends the prosecutor abused his discretion in denying
pretrial diversion. After our review of the record, we AFFIRM the
judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Rbertsjr_opn.WP6
STATE OF TENNESSEE
VS.
RICHARD D. REAGAN
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JULIE A. RICE PAUL G. SUMMERS
Contract Appellate Defender Attorney General & Reporter
P.O. Box 426
Knoxville, TN 37901-0426 ERIK W. DAAB
Assistant Attorney General
RAYMOND MACK GARNER 425 Fifth Avenue North
District Public Defender Nashville, TN 37243-0493
419 High Street
Maryville, TN 37804 MICHAEL L. FLYNN
District Attorney General
EDWARD P. BAILEY, JR.
Asst District Attorney General
363 Court Street
Maryville, TN 37804-5906
Judge:WILLIAMS
First Paragraph:
The defendant, Richard D. Reagan, appeals the revocation of his
probation, arguing that he was physically unable to comply with the
terms thereof. We AFFIRM the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/Reaganrd_opn.WP6
CHARLES SCRUGGS
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
CHARLES SCRUGGS PAUL G. SUMMERS
Pro Se Attorney General & Reporter
CCA, P. O. Box 279
Clifton, TN 38425 CLINTON J. MORGAN
Counsel for the State
425 Fifth Avenue North
Nashville, TN 37243-0493
JOE D. BAUGH, JR.
District Attorney General
RON DAVIS
Assistant District Attorney
P. O. Box 937
Franklin, TN 37065-0937
Judge:SMITH
First Paragraph:
The appellant, Charles Scruggs, appeals the order of the Williamson
County Circuit Court denying his "Motion to Correct an Illegal Judgment
and Sentence." The appellant is presently serving a life sentence for
the homicide of Rosie Lee Hunter committed on January 10, 1982. He
claims that he was illegally sentenced to a life sentence for second
degree murder under the 1982 Sentencing Act. The trial court denied the
appellant's motion, finding that because he was convicted of first
degree felony murder, not second degree murder, a sentence of life
imprisonment is proper. We affirm pursuant to Rule 20 of the Tennessee
Court of Criminal Appeals.
http://www.tba.org/tba_files/TCCA/Scruggch_ord.WP6
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