|
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
|
-
There are three ways for TBALink members to get the full-text
versions of these opinions from the Web:
Do a key word search in the Search Link area of TBALink.This option will allow you to view and save a
plain text version of the opinion.
*NEW* Browse the Opinion List area of TBALink. This option will allow you to download the original
WordPerfect 6.0 version of the opinion.
Click the URL at end of each Opinion paragraph below. This option
will allow you to download the original WordPerfect 6.0 document.
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
PLEASE FORWARD THIS EMAIL!
Feel free to forward this Opinion Flash on to anyone you know
of with an e-mail address.
GET A FULL-TEXT COPY OF AN OPINION!
See the intrsuctions at the beginning of this edition of Opinion
Flash.
JOIN TBALink!
While Opinion Flash is a free service of the Tennessee Bar Association,
you must be a subscriber to TBALink, the premier Web site for
Tennessee attorneys, in order to access the full-text of the opinions
or enjoy many other features of TBALink. TBA members may join
TBALink for just $50 per year. To join, go to: http://www.tba.org/join.html/
SUBSCRIBE TO OPINION FLASH!
Would you like to receive the TBALink Opinion-Flash free each
day by e-mail? Anyone -- whether a TBA member or not is welcome
to subscribe ... it's free!
For the Plain Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE
3) Leave the body of the message blank
For the HTML Text Version:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: SUBSCRIBE HTML
3) Leave the body of the message blank
UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT!
To STOP receiving TBALink Opinion-Flash:
1) Send an e-mail message to: Opinion-Flash@tba.org
2) In the SUBJECT of the message type: UNSUBSCRIBE
3) Leave the body of the message blank
     
© Copyright 1999 Tennessee Bar Association
|
