August 23, 1999
Volume 5 -- Number 115

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.
GARY EUGENE ALDRIDGE
Court:TCCA

Attorneys:                          
For the Appellant:                  For the Appellee:

John P. Cauley                      Paul G. Summers
Asst. Public Defender               Attorney General and Reporter
407-C Main Street   
P. O. Box 68                        Daryl J. Brand
Franklin, TN  37065-0068            Assistant Attorney General                              
                                    Criminal Justice Division
                                    425 Fifth Avenue North
John H. Henderson                   2d Floor, Cordell Hull Bldg
District Public Defender            Nashville, TN 37243-0493                
                        
                                    Joseph D. Baugh
                                    District Attorney General

                                    Ronald Davis
                                    Asst. District Attorney General
                                    P. O. Box 937
                                    Franklin, TN  37065-0937

Judge:HAYES

First Paragraph:

The appellant, Gary Eugene Aldridge, was convicted by a Hickman County
jury of one count of aggravated kidnapping, two counts of aggravated
rape, one count of rape, and two counts of simple assault.  For these
offenses, the trial court imposed an effective sentence of sixty years
to be served in the Tennessee Department of Correction to be followed by
an effective consecutive sentence of  seventeen months and twenty-nine
in the local workhouse.  In this appeal as of right, the appellant
challenges the sufficiency of evidence necessary to sustain his
convictions for aggravated rape and rape.  He also disputes the
propriety of the trial court's imposition of consecutive sentences.

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



STATE OF TENNESSEE VS. JASON ERIC BRADBURN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MICHAEL J. FLANAGAN JOHN KNOX WALKUP 95 White Bridge Road, Attorney General and Reporter Suite 208 Nashville, TN 37205 DARYL J. BRAND Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 MIKE BOTTOMS District Attorney General P. O. Box 459 Lawrenceburg, TN 38464 Judge:SMITH First Paragraph: On July 29, 1997, a Maury County jury convicted Appellant Jason E. Bradburn of Class D felony evading arrest and reckless driving. After a sentencing hearing on October 30, 1997, the trial court sentenced Appellant as a Range II multiple offender to six years imprisonment for felony evading arrest and 11 months and 29 days for reckless driving. The sentence for felony evading arrest was ordered to run consecutively to a sentence that Appellant had received in another case and the sentence for reckless driving was ordered to run concurrently with the other sentences. Appellant challenges his convictions, raising the following issues: 1) whether the indictment was sufficient to charge Appellant with felony evading arrest; 2) whether the evidence was sufficient to support Appellant's conviction for Class D felony evading arrest; 3) whether the trial court erred when it failed to instruct the jury as to the lesser included offenses of Class D felony evading arrest; 4) whether the trial court erred when it failed to instruct the jury as to a statutory defense; and 5) whether principles of due process and double jeopardy prohibit convictions for both Class D felony evading arrest and reckless driving that arise out of the same conduct. After a review of the record, we affirm the judgment of the trial court in part and reverse in part. http://www.tba.org/tba_files/TCCA/Bradbuja_opn.WP6
WAYFORD DEMONBREUN, JR. VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: F. Michie Gibson, Jr. Paul G. Summers 1416 Parkway Towers Attorney General of Tennessee Nashville, TN 37219 and (AT POST-CONVICTION HEARING) Daryl J. Brand Associate Solicitor General Clifford K. McGown, Jr. 425 Fifth Avenue North 113 North Court Square Nashville, TN 37243 Post Office Box 26 Waverly, TN 37185 Victor S. Johnson, III (ON APPEAL) District Attorney General and Tom Thurman Assistant District Attorney General Washington Square, Suite 500 222 2nd Avenue North Nashville, TN 37201-1649 Judge:TIPTON First Paragraph: The petitioner, Wayford Demonbreun, appeals as of right from the Shelby County Criminal Court's denial of post-conviction relief. The petitioner pled guilty to conspiracy to sell over three hundred grams of cocaine, a Class A felony. He was sentenced to fifteen years in the Department of Correction as a Range I, standard offender. The petitioner contends that (1) his guilty plea was not knowing and voluntary because of his attorney's failure to interview a co-defendant, and (2) his case should be remanded for further proof because his initial post-conviction attorney failed to file the certification required by Rule 28, Tenn. S. Ct. R. We affirm the trial court's denial of post-conviction relief. http://www.tba.org/tba_files/TCCA/Demonbr_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_opn.WP6
STATE OF TENNESSEE VS. RANDY LEE JONES Court:TCCA ORDER Judge:WADE First Paragraph: It is hereby ORDERED that the opinion filed by this court on July 8, 1999, is withdrawn and reinstated as modified. http://www.tba.org/tba_files/TCCA/Jonesrl_ord.WP6
CALVIN OLIVER VS. STATE OF TENNESSEE 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:SMITH First Paragraph: This matter is before the Court upon the state's motion requesting that the judgment in the above-styled cause be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. http://www.tba.org/tba_files/TCCA/Oliverc2_ord.WP6
GARVIN T. SHEPHERD VS. JAMES M. DAVIS, Warden, WAYNE COUNTY BOOT CAMP, and STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN E. HERBISON JOHN KNOX WALKUP 2016 Eighth Avenue South Attorney General and Reporter Nashville, TN 37204 LISA A. NAYLOR Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 MIKE BOTTOMS District Attorney General J. DOUG DICUS Assistant District Attorney P. O. Box 1119 Waynesboro, TN 38485 Judge:SMITH First Paragraph: On June 24, 1995, Appellant Garvin T. Shepherd filed a petition for habeas corpus relief in the Circuit Court of Wayne County, asserting that his sentence had expired. On November 1, 1995, the trial court dismissed the petition for lack of subject matter jurisdiction. On September 19, 1996, this Court reversed the judgment of the trial court and remanded the case for further proceedings. After an evidentiary hearing on May 8, 1997, the trial court dismissed the petition as being without merit. Appellant challenges the dismissal of his petition. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Shepogar_opn.WP6

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