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September 23, 1999
Volume 5 -- Number 129
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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| 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 |
| 05 |
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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will allow you to download the original WordPerfect 6.0 document.
Lucian T. Pera
Editor-in-Chief, TBALink
STATE OF TENNESSEE
VS.
GLYNNON BRADSHAW
Court:TCCA
Attorneys:
FOR THE APPELLANT:
FRANK LANNOM
BRODY N. KANE
102 East Main Street
Lebanon, TN 37087
FOR THE APPELLEE:
PAUL G. SUMMERS
Attorney General and Reporter
LUCIAN D. GEISE
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
TOM P. THOMPSON, JR.
District Attorney General
ROBERT N. HIBBETT
Assistant District Attorney General
119 South College Street
Lebanon, TN 37087-3609
Judge:RILEY
First Paragraph:
Defendant, Glynnon Bradshaw, entered a plea of guilty to statutory
rape in the Criminal Court of Wilson County. The length and manner of
service of the sentence were left to the discretion of the trial
court. After a sentencing hearing, the trial court sentenced the
defendant to two years as a Range I standard offender with the
requirement that he serve one year in split confinement followed by
supervised probation.
http://www.tba.org/tba_files/TCCA/BRADSHWG_wpd.WP6
STATE OF TENNESSEE
VS.
CLARENCE DAVIS
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Jeffrey A. DeVasher Paul G. Summers
Assistant Public Defender Attorney General and Reporter
1202 Stahlman Building
Nashville, TN 37201 Georgia Blythe Felner
Assistant Attorney General
(ON APPEAL) Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Ralph Newman Nashville, TN 37243-0493
Assistant Public Defender
1202 Stahlman Building
Nashville, TN 37201 Victor S. Johnson III
District Attorney General
(AT TRIAL)
Dan Hamm
Asst. District Attorney General
Karl Dean Washington Sq., Suite 500
District Public Defender 222-2nd Avenue, N.
Nashville, TN 37201
Judge:HAYES
First Paragraph:
The appellant, Clarence Davis, was convicted of the premeditated first
degree murder of Benjamin Kirk in the Davidson County Criminal Court
and was sentenced to life imprisonment. In this appeal, the appellant
challenges the sufficiency of the evidence supporting his first degree
murder conviction, specifically he argues that the proof failed to
establish beyond a reasonable doubt the requisite element of
premeditation.
http://www.tba.org/tba_files/TCCA/DAVISC_wpd.WP6
STATE OF TENNESSEE
VS.
MILES MATEYKO
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
N. ANDY MYRICK, JR. PAUL G. SUMMERS
Attorney At Law Attorney General & Reporter
116 West Market Street
Fayetteville, TN 37334 KIM R. HELPER
Asst Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
W. MICHAEL MCCOWN
District Attorney General
17th Judicial District
P.O. Box 904
Fayetteville, TN 37334
WEAKLEY E. BARNARD
Asst District Attorney General
Lincoln County Courthouse
Fayetteville, TN 37334
Judge:WITT
First Paragraph:
The defendant, Miles Mateyko, appeals his Lincoln County Circuit Court
jury convictions of child abuse and neglect. See Tenn. Code Ann. S
39-15- 401 (a) (1997). A three-count indictment charged the defendant
with the abuse and neglect of each his three children. Each child was
under six years of age. The jury convicted the defendant in all three
counts, and he was sentenced to serve six months in jail with the
balance of the effective sentence of three years and four months to be
served on probation. In this appeal, the defendant complains that
evidence was obtained in violation of his constitutional right to be
protected from unreasonable searches and seizures and that the
evidence introduced at trial was insufficient to support the
convictions. After review of the case, we reverse and vacate the
convictions, impose convictions of attempted child neglect and remand
the case to the trial court for sentencing.
http://www.tba.org/tba_files/TCCA/Mateykom_opn.WP6
STATE OF TENNESSEE
VS.
EARL JUNIOR PIKE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
KARL DEAN JOHN KNOX WALKUP
District Public Defender Attorney General & Reporter
JEFFREY A. DEVASHER (on appeal) MARVIN E. CLEMENTS, JR.
J. MICHAEL ENGLE (at trial) Assistant Attorney General
Assistant Public Defenders 425 Fifth Avenue North
1202 Stahlman Building Nashville, TN 37243
Nashville, TN 37201
VICTOR S. (TORRY) JOHNSON III
District Attorney General
DIANE SPROW LANCE
Asst District Attorney General
222 Second Avenue North, Suite 500
Nashville, TN 37201-1649
Judge:WILLIAMS
First Paragraph:
The defendant, Earl Junior Pike, was tried by a jury and convicted of
aggravated sexual battery and rape of a child. The trial court
sentenced him to twelve years on the aggravated sexual battery (count
one) and to twenty-five years for rape of child (count two), to be
served consecutively. The defendant challenges both his convictions
and sentences, presenting the following issues:
(1) whether the trial court erred in overruling his motion to
suppress certain incriminating statements;
(2) whether the trial court erred in overruling his motion to dismiss
due to pre-accusatorial delay;
(3) whether the trial court erroneously instructed the jury on the
definition of cunnilingus;
(4) whether, as to count two, the evidence was sufficient for a
reasonable trier of fact to find that the defendant committed the
offense;
(5) whether the sentences imposed by the trial court are excessive;
and
(6) whether the trial court erred in ordering consecutive service.
Finding no error, we AFFIRM the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/PIKEERLJ_wpd.WP6
STATE OF TENNESSEE
VS.
JAMIE SHANNON PRATER
Court:TCCA
Attorneys:
FOR THE APPELLANT:
LIONEL R. BARRETT, JR.
207 Third Avenue, North - Third Floor
P.O. Box 190599
Nashville, TN 37219-0599
FOR THE APPELLEE:
PAUL G. SUMMERS
Attorney General and Reporter
LUCIAN D. GEISE
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
WILLIAM C. WHITESELL, JR.
District Attorney General
THOMAS F. JACKSON, JR.
Assistant District Attorney General
303 Rutherford Co. Judicial Bldg.
Murfreesboro, TN 37130
Judge:RILEY
First Paragraph:
Defendant, JAMIE SHANNON PRATER, pled guilty to possession of
marijuana with intent to sell or deliver, a Class E felony, and
possession of drug paraphernalia, a Class A misdemeanor. The trial
court sentenced defendant to two years on the felony and six months on
the misdemeanor, to be served concurrently. The sole issue in this
appeal is whether the trial court erred in ordering defendant to serve
60 days in the county jail prior to release on probation for the
balance of the two-year sentence. We AFFIRM the judgment of the trial
court pursuant to Rule 20, Tennessee Court of Criminal Appeals.
http://www.tba.org/tba_files/TCCA/PRATERJS_wpd.WP6
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