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October 6, 1999
Volume 5 -- Number 138
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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New Opinion(s) from the Tennessee Supreme Court |
| 00 |
New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel |
| 01 |
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
IN RE: RULE 9
RULES OF THE SUPREME COURT OF TENNESSEE
DISCIPLINARY ENFORCEMENT
Court:TSC - Rules
Judge: ANDERSON
First Paragraph:
After due consideration, Rule 9 of the Rules of the Supreme Court of
Tennessee, which sets out the Rules of Disciplinary Enforcement, is
hereby amended as follows:
http://www.tba.org/tba_files/TSC_Rules/Rule9order99.wpd
STATE OF TENNESSEE
VS.
JASON BURNS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT H. PLUMMER, JR. PAUL G. SUMMERS
415 Bridge St. Attorney General & Reporter
P.O. Box 1361
Franklin, TN 37065-1361 ELIZABETH B. MARNEY
Asst. Attorney General
John Sevier Bldg.
425 Fifth Ave., North
Nashville, TN 37243-0493
RON DAVIS
District Attorney General
DEREK SMITH
Asst. District Attorney General
P.O. Box 937
Franklin, TN 37065
Judge: PEAY
First Paragraph:
A jury found the defendant guilty of aggravated child abuse and
neglect, and he received an eighteen year sentence in the Tennessee
Department of Correction. He now appeals, raising the following
issues:
I. Whether the convicting evidence is sufficient;
II. Whether the trial court erred in admitting testimony from a
Department of Child Services investigator that the victim cried at the
mention of the defendant's name;
III. Whether the trial court erred in failing to suppress his
statements to the police on the basis his mental incompetence
prevented a knowing and voluntary waiver of his Miranda rights; and
IV. Whether the trial court erred in not allowing educators to
testify about the defendant's mental abilities unless the defendant
first testified.
Finding no merit to the defendant's arguments, we affirm his
conviction.
http://www.tba.org/tba_files/TCCA/Burnsj_opn.wpd
STATE OF TENNESSEE
VS.
MARK M. GESNER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JOHN H. HENDERSON PAUL G. SUMMERS
District Public Defender Attorney General & Reporter
407 C Main St.
P.O. Box 68 MARK E. DAVIDSON
Franklin, TN 37065-0068 Asst. Attorney General
Cordell Hull Bldg., 2nd Fl.
425 Fifth Ave., North
Nashville, TN 37243-0493
RON DAVIS
District Attorney General
JEFFREY P. BURKS
Asst. District Attorney General
P.O. Box 937
Franklin, TN 37065-0937
Judge: PEAY
First Paragraph:
The defendant was found guilty by a jury of delivery of one-half ounce
or more of marijuana. The trial court sentenced the defendant as a
Range I standard offender to a term of two years in the Tennessee
Department of Correction. This sentence was suspended and the
defendant was to serve four years on supervised probation and a term
of ninety days in the county jail. The defendant's subsequent motion
for a new trial was denied by the trial court. The defendant now
appeals and contends that the evidence was insufficient to support his
conviction 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 trial court.
http://www.tba.org/tba_files/TCCA/GESNERMM_wpd.wpd
ARTHUR RAY LEPLEY
VS.
STATE OF TENNESSEE
ORDER
Court:TCCA
Judge: WELLES
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. Having reviewed
the state's motion, the appellant's brief, and the record on appeal,
we find that the motion is well taken.
http://www.tba.org/tba_files/TCCA/LEPLEYAR_opn.wpd
RICHARD CARLTON TAYLOR
VS.
STATE OF TENNESSEE
ORDER
Court:TCCA
Judge: PEAY
First Paragraph:
The petitioner was convicted of robbery and joyriding. The petitioner
appeals the trial court's dismissal of his petition for
post-conviction relief. Previous petitions have been filed and heard.
http://www.tba.org/tba_files/TCCA/Taylorc_opn.wpd
STATE OF TENNESSEE
VS.
PATRICK THURMOND
Court:TCCA
Attorneys:
FOR THE APPELLANT:
JAMES ROBIN McKINNEY, JR.
214 Second Avenue North
One Washington Square, Suite 103
Nashville, TN 37201-1647
(On Appeal)
TERRANCE E. McNABB
430 Third Avenue North
Suite 200
Nashville, TN 37201-1105
(At Trial)
FOR THE APPELLEE:
PAUL G. SUMMERS
Attorney General and Reporter
ELIZABETH B. MARNEY
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
VICTOR S. JOHNSON III
District Attorney General
KYMBERLY H. HAAS
Assistant District Attorney General
222 Second Avenue North
Washington Square, Suite 500
Nashville, TN 37201-1649
Judge: RILEY
First Paragraph:
A Davidson County jury convicted defendant of aggravated burglary, a
Class C felony; two counts of aggravated rape, Class A felonies;
attempted aggravated rape, a Class B felony; and aggravated sexual
battery, a Class B felony. The trial court sentenced defendant to
sentences of three years for aggravated burglary, twenty years for
each aggravated rape, ten years for attempted aggravated rape, and ten
years for aggravated sexual battery. The trial court imposed
consecutive sentencing for the two aggravated rapes and the attempted
aggravated rape resulting in an effective fifty-year sentence. In
this appeal as of right, defendant raises the following issues for our
review: 1. whether the evidence was sufficient to support the
verdicts;
2. whether the trial court correctly denied his motion in limine
seeking to ensure the presence of other African- American males in the
courtroom during in-court identifications;
3. whether the trial court erred in allowing the introduction of
fiber evidence;
4. whether the trial court correctly allowed the jury to view the
photo lineup;
5. whether the trial court correctly ruled that a detective's notes
were not Jencks material;
6. whether defendant was denied a speedy trial;
7. whether the trial court erred by not giving the eyewitness
identification jury charge; and
8. whether the trial court imposed an excessive sentence.
After a complete review of the record, we find no reversible error and
AFFIRM the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/THURMONP_wpd.wpd
STATE OF TENNESSEE
VS.
TOUSSIANT D. TURNER
Court:TCCA
Attorneys:
FOR THE APPELLANT:
L. THOMAS AUSTIN
116 E. Cherry
P.O. Box 666
Dunlap, TN 37327-0666
FOR THE APPELLEE:
PAUL G. SUMMERS
Attorney General and Reporter
KIM R. HELPER
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
JAMES MICHAEL TAYLOR
District Attorney General
STEVEN H. STRAIN
Assistant District Attorney General
265 Third Avenue, Suite 300
Dayton, TN 37321
Judge: RILEY
First Paragraph:
The appellant, Toussiant D. Turner, appeals the Marion County Circuit
Court's order revoking his probation and requiring him to serve the
balance of an eight-year sentence in the Department of Correction. On
appeal, he claims that the trial court abused its discretion in
revoking his probation. We find no merit to this assertion and AFFIRM
the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/TURNERTD_wpd.wpd
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