August 10, 1999
Volume 5 -- Number 111

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
07 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.
FREDDIE CARRELL

Court:TCCA

Attorneys:                          
FOR THE APPELLANT:          FOR THE APPELLEE:

JULIE A. MARTIN             PAUL G. SUMMERS
P.O. Box 426                Attorney General & Reporter 
Knoxville, TN 37901-0426
                            GEORGIA BLYTHE FELNER   
RAYMOND MACK GARNER         Counsel for the State
District Public Defender    425 Fifth Avenue North
419 High Street             Nashville, TN 37243-0493
Maryville, TN 37804
                            MICHAEL L. FLYNN    
                            District Attorney General

                            PHILIP H. MORTON
                            Assistant District Attorney General
                            363 Court Street
                            Maryville, TN 37804-5906
                            
Judge:WILLIAMS

First Paragraph:

The defendant, Freddie Carrell, appeals the revocation of his probation,
arguing that the trial court abused its discretion.  We AFFIRM the
judgment of the trial court.

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



STATE OF TENNESSEE VS. JASON CROSS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: EDWARD C. MILLER JOHN KNOX WALKUP Public Defender Attorney General & Reporter P.O. Box 416 Dandridge, TN 37725 TODD R. KELLEY Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 ALFRED C. SCHMUTZER, JR. District Attorney General 125 Court Avenue, Suite 301-E Sevierville, TN 37862 JAMES L. GASS Assistant District Attorney General 125 Court Avenue, Suite 301-E Sevierville, TN 37862 Judge:WITT First Paragraph: The defendant, Jason Cross, appeals from his Jefferson County Circuit Court conviction of first degree murder and aggravated kidnapping. A jury found him guilty of one count of premeditated first degree murder of the victim, Jamie Mills, a thirteen-year-old girl, see Tenn. Code Ann. S 3913-202 (a)(1) (1997), and one count of first degree murder of the same victim committed during the perpetration of kidnapping her. See Tenn. Code Ann. S 39-13-202 (a)(2) (1997). The jury also convicted the defendant of the aggravated kidnapping of the victim. See Tenn. Code Ann. S 39-13-304 (a)(3)(1997). The trial court imposed a conviction and a life sentence on the felony murder count but entered no judgment of conviction on the premeditated murder count. It imposed a twelve-year sentence for aggravated kidnapping, to run consecutively to the life sentence. http://www.tba.org/tba_files/TCCA/Crossj_opn.WP6
STATE OF TENNESSEE VS. RICHARD A. GREEN Court:TCCA Attorneys: For the Appellant: For the Appellee: Lu Ann Ballew Paul G. Summers Asst. Public Defender Attorney General and Reporter P. O. Box 416 Dandridge, TN 37725 Marvin S. Blair, Jr. Assistant Attorney General Criminal Justice Division Edward C. Miller 425 Fifth Avenue North Public Defender 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Alfred C. Schmutzer, Jr. District Attorney General James L. Gass Asst. District Attorney General Sevier County Courthouse Sevierville, TN 37862 Judge:HAYES First Paragraph: The appellant, Richard A. Green, was convicted by a jury of vehicular homicide by intoxication, a class B felony. Following a sentencing hearing, the Jefferson County Criminal Court imposed a ten year sentence of confinement. The appellant appeals both the judgment of conviction and resulting sentence entered by the trial court. http://www.tba.org/tba_files/TCCA/Greenra_opn.WP6
JOHN WILLIE PARTEE VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN WILLIE PARTEE, Pro Se PAUL G. SUMMERS Turney Center Industrial Prison Attorney General & Reporter Route 1 Only, TN 37140-9709 R. STEPHEN JOBE Asst. Attorney General Cordell Hull Bldg., 2nd Fl. 425 Fifth Ave., North Nashville, TN 37243-0493 RANDALL NICHOLS District Attorney General 400 Main Ave., Suite 168 City-County Bldg. Knoxville, TN 37901-1468 Judge:PEAY First Paragraph: In March of 1983, the petitioner was found guilty by a jury of assault with intent to commit first-degree murder. He was subsequently sentenced to a term of sixty years to be served in the Tennessee Department of Correction. On direct appeal, this Court affirmed the petitioner's conviction. In 1990, the petitioner filed a petition for post-conviction relief. The trial court found the petition was filed after the applicable statute of limitations had expired and the petition was dismissed. On appeal, this Court upheld the dismissal of the petition. On April 16, 1998, the petitioner filed a "Petition for Malpractice." This petition was dismissed by the lower court. The petitioner now appeals. After a review of the record and applicable law, we affirm the judgment of the lower court. http://www.tba.org/tba_files/TCCA/Parteejw_opn.WP6
MARTY PURKEY VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROGER A. WOOLSEY PAUL G. SUMMERS 118 South Main St. Attorney General & Reporter Greeneville, TN 37743 ERIK W. DAAB Asst. Attorney General John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243-0493 AL C. SCHMUTZER, JR. District Attorney General W. BROWNLOW MARSH Asst. District Attorney General 339 East Main St. Newport, TN 37821 Judge:PEAY First Paragraph: The petitioner entered a negotiated guilty plea to second-degree murder and was sentenced to twenty-five years in prison. He filed a petition for post-conviction relief, alleging that his attorney was ineffective and that his guilty plea was not knowingly and voluntarily given because he was incompetent at the time he pled. Following an evidentiary hearing, the post-conviction court denied the petition, and the petitioner now appeals. Finding no merit to the arguments raised, we affirm the post-conviction court's judgment. http://www.tba.org/tba_files/TCCA/Purkeym_opn.WP6
STATE OF TENNESSEE VS. TRAVIS E. SHARPE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JANICE H. SNIDER PAUL G. SUMMERS 535 North Jackson Street Attorney General & Reporter Morristown, TN 37814 CLINTON J. MORGAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 C. BERKELEY BELL, JR. District Attorney General 109 South Main Street, Suite 501 Greeneville, TN 37743 JOHN F. DUGGER, JR. Assistant District Attorney General Hamblen County Justice Center 510 Allison Street Morristown, TN 37814 VICTOR J. VAUGHN Assistant District Attorney General Hamblen County Justice Center 510 Allison Street Morristown, TN 37814 Judge:GLENN First Paragraph: The defendant, Travis E. Sharpe, appeals as of right from the judgment of the Hamblen County Criminal Court. The defendant pleaded guilty to aggravated robbery and was sentenced to eight years as a Range I standard offender, with a release eligibility date of thirty percent. The defendant appeals the trial court's sentencing decision, arguing the trial court erred in not sentencing him as an especially mitigated offender pursuant to Tenn. Code Ann. S 40-35-109 (1997). Based upon our review of this matter, we affirm the sentencing decision of the court below. http://www.tba.org/tba_files/TCCA/Sharpete_opn.WP6
STATE OF TENNESSEE VS. PAUL J. SWANSON Court:TCCA Attorneys: For the Appellant: For the Appellee: Lu Ann Ballew Paul G. Summers Asst. Public Defender Attorney General and Reporter P. O. Box 416 Dandridge, TN 37725 Clinton J. Morgan Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Alfred C. Schmutzer, Jr. District Attorney General Michael Gallegos Asst. District Attorney General Sevier County Courthouse Sevierville, TN Judge:HAYES First Paragraph: The appellant, Paul J. Swanson, appeals the sentencing decision of the Grainger County Criminal Court following his guilty pleas to three counts of attempted aggravated sexual battery, class C felonies. Pursuant to the terms of the negotiated plea agreement, the appellant agreed to an effective six year sentence. The agreement further provided that the manner of service of the sentences was to be submitted to the trial court for determination. The trial court ordered total confinement. The appellant appeals this decision contending that the trial court erred in failing to grant alternative sentences and in failing to credit the appellant with time spent in a residential sexual offender treatment center prior to entry of his guilty pleas. http://www.tba.org/tba_files/TCCA/Swansnpj_opn.WP6

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