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October 19, 1999
Volume 5 -- Number 145
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 |
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New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel |
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New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court |
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New Opinion(s) from the Tennessee Court of Appeals |
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New Opinion(s) from the Tennessee Court of Criminal Appeals |
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New Judicial Ethics Opinion(s) |
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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.
CRAIG STEPHEN BOURNE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
Joseph S. Harrison Paul G. Summers
Office of the Public Defender Attorney General and Reporter
P.O. Box 839
Blountville, TN 37617 Todd R. Kelley
Assistant Attorney General
Gale K. Flanary 425 Fifth Avenue North
Assistant Public Defender Second Floor, Cordell Hull Building
266 Blountville Bypass Nashville, TN 37243-0493
Blountville, TN 37617
and Teresa Murray-Smith
Gerald L. Gulley, Jr. and
Contract Appellate Defender Greg Newman
P.O. Box 1708 Assistant District Attorneys General
Knoxville, TN 37901-1708 P.O. Box 526
(on appeal) Blountville, TN 37617
Judge: WADE
First Paragraph:
The defendant, Craig Stephen Bourne, was convicted of attempted second
degree murder, aggravated burglary, and especially aggravated
kidnaping. The trial court imposed an eight-year sentence for
attempted second degree murder, a six-year sentence for aggravated
burglary, and a twenty-five year sentence for especially aggravated
kidnaping. Because the sentences for attempted second degree murder
and especially aggravated kidnaping were ordered to be served
consecutively, the effective sentence is thirty-three years. The
trial court imposed fines totaling $48,250.00 for the three offenses.
http://www.tba.org/tba_files/TCCA/bournecs.wpd
STATE OF TENNESSEE
VS.
CARY CARL CAUGHRON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
EDWARD CANTRELL MILLER PAUL G. SUMMERS
District Public Defender Attorney General & Reporter
SUSANNA LAWS-THOMAS GEORGIA BLYTHE FELNER
Asst. District Public Defender Counsel for the State
102 Mims Ave. 425 Fifth Ave. North
Newport, TN 37821-3614 2d Floor, Cordell Hull Bldg.
Nashville, TN 37243-0493
ALFRED G. SCHMUTZER
District Attorney General
125 Court Ave., Rm. 301-E
Sevierville, TN 37862
Judge: WITT
First Paragraph:
The defendant, Cary Carl Caughron, is before this court for the third
time for his convictions of four counts of felony murder, one count of
aggravated arson, and one count of attempted first degree murder. He
received his convictions at a jury trial in the Cocke County Circuit
Court, and the jury set the punishment for each of the murder
convictions at life imprisonment. Thereafter, the trial court
imposed 25-year sentences for aggravated arson and attempted first
degree murder. The court ordered the life sentences each served
consecutively to each other, but concurrently to the aggravated arson
and attempted first degree murder convictions. The defendant
appealed, and we affirmed the convictions but modified the imposition
of consecutive sentencing to concurrent service of all six sentences.
See State v. Cary Caughron, No. 03C01-9310-CR-00181 (Tenn. Crim. App.,
Knoxville, Sept. 20, 1994) (Caughron I). Thereafter, the supreme
court granted application to appeal for the purpose of remanding the
case to this court for reconsideration in light of State v. Wilkerson,
905 S.W.2d 933 (Tenn. 1995) (consecutive sentencing). On remand, we
found the record devoid of the necessary findings for reconsideration
of consecutive sentencing under Wilkerson. See State v. Cary
Caughron, No. 03C01-9310-CR-00181 (Tenn. Crim. App., Knoxville, Jan.
26, 1996) (Caughron II). Therefore, we remanded the matter to the
trial court, which conducted a hearing, made findings, and imposed the
life sentences consecutively to each other and concurrently to the
other two sentences. It is from this determination that the defendant
now appeals. Upon review of the record, the briefs of the parties,
and the applicable law, we affirm.
http://www.tba.org/tba_files/TCCA/CAUGHRON.wpd
STATE OF TENNESSEE
VS.
KENYETTA FIELDS
CONCURRING IN PART; DISSENTING IN PART
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
GREG W. EICHELMAN (on appeal) PAUL G. SUMMERS
District Public Defender Attorney General & Reporter
1609 College Park Drive, Box 11
Morristown, TN 37813-1618 CLINTON J. MORGAN
Assistant Attorney General
FREDICK M. LANCE (at trial) 425 Fifth Avenue North
804 Market Street Nashville, TN 37243-0493
Johnson City, TN 37604
C. BERKELEY BELL, JR.
District Attorney General
VICTOR VAUGHN
Assistant District Attorney General
109 South Main Street
Greeneville, TN 37743
Judge: WILLIAMS
First Paragraph:
The defendant, Kenyetta Fields, appeals his conviction and sentence
for facilitation of the sale of cocaine in an amount greater than .5
grams. The defendant argues that (1) the evidence at trial was
insufficient to support the jury's verdict, (2) the sentence imposed
by the trial court is excessive, and (3) the trial court erred in
failing to grant an alternative sentence. We AFFIRM the defendant's
conviction and MODIFY the sentence imposed by the trial court.
http://www.tba.org/tba_files/TCCA/FIELDSKE.wpd
CONCURRING IN PART; DISSENTING IN PART:
http://www.tba.org/tba_files/TCCA/FIELDSK.wpd
STATE OF TENNESSEE
VS.
TOMMY S. FRANKLIN
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Debbie Huskins Paul G. Summers
Assistant Public Defender Attorney General of Tennessee
Post Office Box 996 and
Johnson City, TN 37605 Todd R. Kelley
(AT TRIAL) Assistant Attorney General of Tennessee
425 Fifth Avenue North
Nashville, TN 37243
Julie A. Rice
Post Office Box 426 Joe C. Crumley
Knoxville, TN 37901-0426 District Attorney General
(ON APPEAL) and
Michael Laguardia
Assistant District Attorney
Post Office Box 38
Jonesborough, TN 37659
Judge: TIPTON
First Paragraph:
The defendant, Tommy S. Franklin, appeals as of right from his
conviction by a jury in the Washington County Criminal Court for
driving under the influence (DUI)- aiding and abetting, a Class A
misdemeanor. He was sentenced to eleven months and twenty-nine days,
of which five days were to be spent in the county jail with the
remainder on probation. He was fined fifteen thousand dollars. On
appeal, the defendant contends that the evidence is insufficient to
support his conviction. We affirm the judgment of conviction.
http://www.tba.org/tba_files/TCCA/FRANKTS.wpd
STATE OF TENNESSEE
VS.
JEFFREY B. LINDEMEYER
WITH CONCURRING OPINION
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT A. COLE PAUL G. SUMMERS
Attorney At Law Attorney General & Reporter
3715 Powers Street
Knoxville, TN 37918 TODD R. KELLEY
Assistant Attorney General
425 Fifth Avenue North
2nd Floor, Cordell Hull Building
Nashville, TN 37243-0493
RANDALL EUGENE NICHOLS
District Attorney General
C. LEON FRANKS
Assistant District Attorney
P. O. Box 1468
Knoxville, TN 37901-1468
Judge: WILLIAMS
First Paragraph:
The defendant, Jeffrey B. Lindemeyer, pleaded guilty to selling within
a school zone a Schedule IV controlled substance and between 0.5 of an
ounce and ten pounds of a Schedule VI controlled substance. The
defendant was sentenced as a Range I offender. The Schedule IV
violation constituted a Class C felony, and the Schedule VI violation
constituted a Class D felony. Although the defendant met the minimum
eligibility requirements for Community Corrections, the trial court
determined that the Drug-Free School Zone Act (School Zone Act)
required incarceration for at least the minimum sentence and therefore
imposed a three-year sentence for the Class C offense and a two-year
sentence for the Class D offense, to be served concurrently for an
effective sentence of three years in the Department of Correction. The
defendant appeals, asserting that the School Zone Act does not
preclude Community Corrections, in lieu of incarceration, for the
mandatory minimum sentence. We AFFIRM the trial court's sentence.
http://www.tba.org/tba_files/TCCA/LindemO_opn.wpd
CONCURRING OPINION:
http://www.tba.org/tba_files/TCCA/LindemC_con.wpd
STATE OF TENNESSEE
VS.
STEVEN OTIS NICELY
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Tommy K. Hindman Paul G. Summers
and Attorney General and Reporter
Laura E. Metcalf
Attorneys
NationsBank Bldg., Ste 700 Todd R. Kelley
550 Main Avenue Assistant Attorney General
Knoxville, TN 37901 Criminal Justice Division
425 Fifth Avenue North
(ON APPEAL) 2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Mark Stephens
Knox County Public Defender Randall E. Nichols
District Attorney General
John Halstead
Asst. Public Defender Charm Knight
1209 Euclid Avenue Asst. District Attorney General
Knoxville, TN 37921 City-County Building
Knoxville, TN 37902
(AT TRIAL)
Judge: HAYES
First Paragraph:
The appellant, Steven Otis Nicely, was convicted by a jury in the Knox
County Criminal Court of one count rape of a child and one count
aggravated sexual battery.
http://www.tba.org/tba_files/TCCA/NICELYSO.wpd
STATE OF TENNESSEE
VS.
GEORGE JOSEPH RAUDENBUSH, III
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
George Joseph Raudenbush, III,
pro se PAUL G. SUMMERS
P. O. Box 261 Attorney General & Reporter
Ducktown, TN 37326
MICHAEL J. FAHEY, II
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
JERRY N. ESTES
District Attorney General
DANIEL RAY SWAFFORD
Assistant District Attorney General
130 Washington Avenue, N.E.
P. O. Box 647
Athens, TN 37371-0647
Judge: GLENN
First Paragraph:
Using Doppler radar, Copperhill Police Officer Karl Helcher clocked
the defendant, George Joseph Raudenbush, III, traveling 47 miles per
hour in a 25 miles per hour zone. The defendant appeared in Copperhill
Municipal Court on June 23, 1998 and was found guilty of speeding.
Upon appeal to the Polk County Criminal Court, a bench trial was held.
The court found the defendant guilty of speeding. The defendant
timely appealed. Based upon our review of this matter, we affirm the
decision of the Polk County Criminal Court.
http://www.tba.org/tba_files/TCCA/RAUDENBU.wpd
BOBBY R. WILCOXSON
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
For Appellant: For Appellee:
James E. Brenner John Knox Walkup
Clark Hill P.L.C. Attorney General and Reporter
500 Woodward Avenue 425 Fifth Avenue North
Suite 3500 Nashville, TN 37243-0493
Detroit, Michigan 48226-3435
William C. Carriger Kenneth W. Rucker
Strang, Fletcher, Carriger, Assistant Attorney General
Walker, Hodge & Smith Criminal Justice Division
400 Krystal Building 425 Fifth Avenue North
One Union Square Nashville, TN 37243-0493
Chattanooga, Tennessee 37402
Judge: OGLE
First Paragraph:
On November 1, 1986, the petitioner, Bobby R.
Wilcoxson, was convicted in the Hamilton County Criminal Court of
first degree murder and, on February 13, 1987, was sentenced to death
by electrocution. On direct appeal, the Tennessee Supreme Court
affirmed the petitioner's conviction and death sentence. State v.
Wilcoxson, 772 S.W.2d 33 (Tenn. 1989), cert. denied, 494 U.S. 1074,
110 S.Ct. 1798 (1990). The petitioner's counsel then filed a petition
for post-conviction relief on June 14, 1990, which petition was
amended on February 7, 1992, and on March 31, 1997. Following an
evidentiary hearing, the post-conviction court denied the petitioner
relief from his conviction, but reversed the petitioner's death
sentence, finding that the petitioner had received ineffective
assistance of counsel during the penalty phase of his trial. The
State now concedes that the petitioner is entitled to a new sentencing
hearing. However, the petitioner appeals the post-conviction court's
denial of relief from his conviction.
http://www.tba.org/tba_files/TCCA/WILCOXSN.wpd
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