August 24, 1999
Volume 5 -- Number 116

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
06 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.
MOHAMED F. ALI

Court:TCCA

Attorneys:                          
For Appellant:                      For Appellee:

Clifford K. McGown, Jr., Attorney   Paul G. Summers 
113 North Court Square              Attorney General and Reporter
P.O. Box 26     
Waverly, TN  37185                  Michael E. Moore 
(on appeal)                         Solicitor General 
                        
David F. Bautista                   Ellen H. Pollack 
District Public Defender            Assistant Attorney General
and                                 Criminal Justice Division
Deborah Black Huskins               425 Fifth Avenue North 
Assistant Public Defender           Nashville, TN  37243
142 E. Market Street
P.O. Box 996
Johnson City, TN  37605 
(at trial and of counsel on appeal)

Judge:WADE

First Paragraph:

The defendant, Mohamed F. Ali, was convicted of rape and attempting to
bribe a witness.  Although represented by counsel at trial, the
defendant served as his own counsel during the sentencing hearing.  The
trial court imposed Range I, consecutive sentences of twelve years for
the rape and three years for the attempted bribery.  On direct appeal,
this court remanded the cause to the trial court to determine whether
the defendant had knowingly and intelligently waived his right to
counsel at the sentencing hearing.  State v. Mohamed F. Ali, No.
03C01-9405- CR-00171 (Tenn. Crim. App., at Knoxville, Sept. 26, 1996).
Afterward, the trial court determined that the defendant had, in fact,
knowingly and intelligently waived his right to counsel and that a new
sentencing hearing was not required.  Approximately two months later,
the defendant, this time represented by counsel, filed a motion seeking
a reduction of sentence.  The trial court denied the motion. The
defendant appealed each ruling.  This court consolidated the appeals.

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



TYRONE W. BELL VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MIKE A. LITTLE PAUL G. SUMMERS 701 Cherry Street District Attorney General Chattanooga, TN 37402 TODD R. KELLEY Assistant District Attorney General 425 Fifth Avenue North Nashville, TN 37243 BILL COX District Attorney General MARK HOOTON Asst District Attorney General 600 Market Street - Courts Building Chattanooga, TN 37402 Judge:WELLES First Paragraph: The Defendant, Tyrone W. Bell, appeals from the denial of post-conviction relief by the Hamilton County Criminal Court. Defendant argues that his guilty plea was not voluntary and intelligent due to the ineffective assistance of counsel prior to the plea. He pleaded guilty to aggravated sexual battery and aggravated burglary. Pursuant to the plea agreement, he received sentences of twelve years at eighty-five percent for the sexual battery and three years for burglary, to be served concurrently. http://www.tba.org/tba_files/TCCA/Belltw_opn.WP6
STATE OF TENNESSEE VS. JERRY K. CRAWFORD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREG EICHELMAN PAUL G. SUMMERS District Public Defender Attorney General & Reporter R. RUSSELL MATTOCKS CLINTON J. MORGAN Asst. Public Defender Asst. Attorney General 1609 College Park Dr., Box 11 Cordell Hull Bldg., 2nd Fl. Morristown, TN 37813-1618 425 Fifth Ave., North Nashville, TN 37243-0493 C. BERKELEY BELL . District Attorney General DOUG GODBEE Asst. District Attorney General Hawkins County Courthouse Main St. Rogersville, TN 37857 Judge:PEAY First Paragraph: The defendant was found guilty by a jury of burglary of an automobile and theft of property valued at five hundred dollars ($500.00) or less. The trial court sentenced the defendant as a Range I standard offender to a term of one year and three months for burglary and a term of eleven months and twenty-nine days for theft. These sentences were to run concurrently and were to be served in confinement. The defendant's subsequent motion for a new trial was denied by the trial court. The defendant now appeals and contends that the evidence is insufficient to support his convictions and that his sentence is excessive. After a review of the record and applicable law, we find no merit to the defendant's contentions and thus affirm the judgment of the court below. http://www.tba.org/tba_files/TCCA/Crawford_opn.WP6
STANLEY P. POSLEY VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: STANLEY P. POSLEY JOHN KNOX WALKUP Pro-Se Appellant Attorney General & Reporter C/O B.M.C.X. P. O. Box 2000 ELLEN H. POLLACK Wartburg, TN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 BILL COX District Attorney General BARRY A. STEELMAN MARK HOOTEN Assistant District Attorneys 600 Market Street Chattanooga, TN 37402 Judge:SMITH First Paragraph: On February 23, 1996, Petitioner Stanley P. Posley pled guilty in the Hamilton County Criminal Court to five counts of selling cocaine. That same day, the trial court sentenced Petitioner as a Range I standard offender to a term of eight years for each conviction and the trial court ordered the sentences to run concurrently. Petitioner filed a petition for post-conviction relief on May 10, 1996, and an amended petition for post-conviction relief on October 17, 1996. After a hearing on September 29, 1997, the post-conviction court dismissed the petition. Petitioner challenges the dismissal of his petition, raising the following issues: 1) whether Petitioner received ineffective assistance of counsel; 2) whether Petitioner's guilty pleas were voluntary; and 3) whether the post-conviction judge was biased against Petitioner. After a review of the record, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/Poslesta_opn.WP6
STATE OF TENNESSEE VS. ANTHONY D. SANDERS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: THOMAS R. BRANDY PAUL G. SUMMERS 245 Broad Street Attorney General and Reporter Kingsport, TN 37660 ERIK W. DAAB JULIE A. MARTIN (On Appeal) Assistant Attorney General P.O. Box 426 425 Fifth Avenue North Knoxville, TN 37901-0426 Nashville, TN 37243 GREELEY WELLS District Attorney General TERESA MURRAY-SMITH MARY K. HARVEY Asst District Attorneys General Blountville, TN 37617 Judge:WELLES First Paragraph: The Defendant, Anthony D. Sanders, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He was convicted, upon his plea of guilty, of vehicular homicide by intoxication, a Class C felony at the time the offense was committed. The agreed sentence was the statutory minimum of three years as a Range I standard offender. The manner of service of the sentence was left to the discretion of the trial judge. The judge ordered that the sentence be served in the Department of Correction. The Defendant appeals, arguing that the trial judge erred by not allowing his sentence to be served on probation or allowing some other sentencing alternative to incarceration. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Sanderad_opn.WP6
JAMES FRANKLIN WAMPLER VS. STATE OF TENNESSE Court:TCCA Attorneys: For Appellant: For Appellee: Mark E. Stephens John Knox Walkup District Public Defender Attorney General & Reporter Sixth Judicial District Elizabeth B. Marney Paula R. Voss Assistant Attorney General (on appeal) 425 Fifth Avenue North John Halstead Cordell Hull Building, Second Floor (at trial) Nashville, TN 37243 Assistant Public Defenders 1209 Euclid Avenue Randall E. Nichols Knoxville, TN 37921 District Attorney General Marsha Selecman Assistant Attorney General City-County Building Knoxville, TN 37902 Judge:WADE First Paragraph: The petitioner, James Franklin Wampler, appeals the trial court's denial of his petition for post-conviction relief. He claims he received ineffective assistance of counsel because his attorney failed to raise the following issues on appeal: (1) that the state may have learned about the existence of one of its witnesses from notes stolen from defense counsel; (2) that one of the jurors should have been disqualified; (3) that the evidence was insufficient to support a first degree murder conviction; and (4) that the trial court provided erroneous jury instructions on the issue of passion. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Wamplrjf_opn.WP6

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