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December 6, 1999
Volume 5 -- Number 166
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 |
| 08 |
New Opinion(s) from the Tennessee Court of Appeals |
| 15 |
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
ROBERT BEAN, FRANKLIN SHAFFER, DAVID AUTREY, MACK ROBERTS, KEVIN
ANTLE, TOM NICHOLS, TAMMIE P. BEASLEY, and ROXANNE LUCE
VS.
NED RAY MCWHERTER, in his capacity as Governor of the State of
Tennessee, CHARLES W. BURSON, Attorney General of the State of
Tennessee, TENNESSEE WILDLIFE RESOURCES COMMISSION, and GARY MEYERS,
as the Director of the Tennessee Wildlife Resources Agency
Court:TCA
Attorneys:
FOR APPELLANTS: FOR APPELLEES:
F. CLAY BAILEY PAUL R. SUMMERS
315 Deaderick Street Attorney General & Reporter
Nashville, Tennessee 37238
ELIZABETH P. MCCARTER
450 James Robertson Parkway
Nashville, Tennessee 37243-0495
Judge: CANTRELL
First Paragraph:
This is a constitutional challenge to an Act of the legislature
regulating the possession and sale of animals. Owners, dealers, and
licensed propagators of various wildlife species challenged the Act on
grounds that it is vague, overbroad, and a burden on interstate
commerce. The Chancery Court of Davidson County rejected the
constitutional challenge. We affirm the decision on the vagueness and
overbreadth charge. We think, however, that there are disputed facts
bearing on the question of whether parts of the Act impermissibly
burden interstate commerce. We, therefore, remand for further
proceedings on that issue.
http://www.tba.org/tba_files/TCA/beanr.wpd
BELLEVUE PROPERTIES, LLC
VS.
UNITED RETAIL INCORPORATED
Court:TCA
Attorneys:
DAVID K. TAYLOR
COLIN J. CARNAHAN
Boult, Cummings, Conners & Berry
414 Union Street, Suite 1600
P. O. Box 198062
Nashville, Tennessee 37219
ATTORNEYS FOR PLAINTIFF/APPELLEE
JOHN C. TISHLER
WARREN A. JASPER
Tuke Yopp & Sweeney
NationsBank Plaza, Suite 1100
414 Union Street
Nashville, Tennessee 37219
ATTORNEYS FOR DEFENDANTS/APPELLANTS
Judge: CAIN
First Paragraph:
This case concerns the burden placed on a commercial landlord in
mitigating damages caused by a commercial tenant's abandonment of the
leased property. Although our courts heretofore have required a
landlord who suffers breach to use reasonable commercial methods to
reduce his damages, this tenant-in-breach would read two additional
duties into those reasonable commercial methods. First, the tenant
would require that the abandoned property be marketed specially and
apart from the landlord's other commercial space inventory. Second,
the landlord would be required to market the property at the original
contract rental rather than its going market value. Under the facts
as established in the record and according to the common law of this
jurisdiction, we disagree.
http://www.tba.org/tba_files/TCA/bellevue.wpd
TERRY COMPTON
VS.
TENNESSEE DEPARTMENT OF CORRECTION and NASHVILLE COMMUNITY SERVICE
CENTER
Court:TCA
Attorneys:
For Plaintiff/Appellant: For Defendants/Appellees:
Terry Compton, Pro Se Paul G. Summers
Attorney General and Reporter
Sohnia W. Hong
Assistant Attorney General
Judge: KOCH
First Paragraph:
This appeal involves a state prisoner's efforts to obtain judicial
review of a disciplinary action taken by the Nashville Community
Service Center. After the Commissioner of Correction upheld the
finding that he been drinking while on work release, the prisoner
filed a petition for writ of certiorari in the Circuit Court for
Davidson County. The trial court clerk refused to file the petition
and required the prisoner to file a second petition because the
pauper's oath accompanying the first petition was not on the proper
form and had not been notarized. Thereafter, the trial court granted
the Department of Correction's motion to dismiss the second petition
because it was not timely filed. We have determined that the trial
court clerk exceeded his authority when he declined to accept and file
the prisoner's petition and, therefore, that the trial court erred by
dismissing the petition.
http://www.tba.org/tba_files/TCA/comptont.wpd
RANDY HILL
VS.
TENNESSEE BOARD OF PAROLES
Court:TCA
Attorneys:
For Plaintiff/Appellant: For Defendants/Appellees:
Randy Dale Hill Paul G. Summers
Pro Se Attorney General and Reporter
Michael E. Moore
Solicitor General
Patricia C. Kussmann
Assistant Attorney General
Judge: KOCH
First Paragraph:
This appeal involves a state prisoner's efforts to be paroled from an
eight-year sentence for aggravated child abuse. After the Tennessee
Board of Paroles declined to parole him, the prisoner filed a
certiorari petition in the Chancery Court for Davidson County seeking
judicial review of the Board's decision. The trial court dismissed
the petition on the grounds that it was not timely filed. We affirm
the trial court in accordance with Tenn. Ct. App. R. 10(b).
http://www.tba.org/tba_files/TCA/hillr.wpd
ESTATE OF EFFIE S. HOOKER, Deceased, and HAROLD E. MATHENY,
Administrator, C.T.A. of the Estate of Effie S. Hooker, Deceased
VS.
SUNTRUST BANK OF NASHVILLE, BANK OF NASHVILLE, N.A., N.A., Trustee
Under the Will of John J. Hooker, Sr., and SUNTRUST
Court:TCA
Attorneys:
LARRY R. WILLIAMS
329 Union Street
P. O. Box 190632
Nashville, Tennessee 37219-0632
ATTORNEY FOR PLAINTIFFS/APPELLANTS
DIANNA BAKER SHEW
EMILY M. SMACHETTI
Farris, Warfield & Kanaday
Eighteenth Floor
SunTrust Center
424 Church Street
Nashville, Tennessee 37219
ATTORNEYS FOR DEFENDANTS/APPELLEES
Judge: CAIN
First Paragraph:
This case concerns a claim filed by SunTrust Bank, Nashville,
N.A.(hereinafter SunTrust) against the estate of Effie S. Hooker, the
second wife of famed Middle Tennessee lawyer John J. Hooker, Sr. Mr.
Hooker died on Christmas Eve of 1970, leaving the majority of his
estate to his widow. According to the prevailing probate practice of
the day, a portion of Mr. Hooker's estate was placed in a trust for
the benefit of Mrs. Hooker during her life, the remainder to the
children of Mr. Hooker's first marriage.
http://www.tba.org/tba_files/TCA/hookeres.wpd
LORI ANN PARR
VS.
MIDDLE TENNESSEE STATE UNIVERSITY, and TREYTON WILLIAMS
Court:TCA
Attorneys:
LORI PARR, pro se
Murfreesboro, Tennessee
PAUL G. SUMMERS
Attorney General & Reporter
MARY M. COLLIER
Assistant Attorney General
S. ELIZABETH MARTIN
Senior Counsel
Nashville, Tennessee
Attorney for Appellee, Middle Tennessee
State University
MICHAEL A. MYERS
Murfreesboro, Tennessee
Attorney for Appellee, Treyton Williams
Judge: HIGHERS
First Paragraph:
Lori Ann Parr, proceeding pro se, has appealed the trial court's
dismissal of this invasion of privacy, breach of confidentiality, and
civil rights intimidation via malicious harassment action that was
brought against Middle Tennessee State University (MTSU), Treyton
Williams (Williams) and other unnamed individuals. Based upon the
following, we affirm the trial court's dismissal.
http://www.tba.org/tba_files/TCA/Parrla.wpd
BOARD OF TRUSTEES OF THE SUMNER COUNTY EMPLOYEES' TRUST FUND ON BEHALF
OF THE SUMNER COUNTY EMPLOYEES' TRUST
VS.
RUBY GRAVES, and son, JERRY D. GRAVES
Court:TCA
Attorneys:
For the Plaintiff/Appellee: For the Defendant/Appellant:
William R. Wright C. Tracey Parks
Leah May Dennen Harsh, Parks & Harsh
Office of the Law Director Gallatin, Tennessee
Gallatin, Tennessee
Judge: KOCH
First Paragraph:
This appeal involves a dispute over the obligation of a member of a
group health insurance plan to reimburse the plan for medical payments
made on behalf of the member's dependent. The plan's administrator
requested the member and her dependent to reimburse the plan for the
medical payments after discovering that the dependent had received a
financial settlement from the person who caused the dependent's
injuries. When the member and the dependent refused to reimburse the
payments, the plan filed suit in the Circuit Court for Sumner County
against both parties. The trial court granted the plan's motion for
summary judgment and ordered both the member and her dependent to
reimburse the plan for medical payments. We have determined that the
plan was not entitled to a judgment as a matter of law against the
member and accordingly vacate the summary judgment against her.
http://www.tba.org/tba_files/TCA/Trustees.wpd
MINA WOODS and ROBERT WOODS
VS.
WORLD TRUCK TRANSFER, INC., and EDWARD J. SEIGHAM
Court:TCA
Attorneys:
For Plaintiffs/Appellants: For Defendants/Appellees:
Stanley H. Less John Thomas Feeney
Memphis, Tennessee Cynthia DeBula Baines
Feeney & Lawrence
Nashville, Tennessee
Judge: KOCH
First Paragraph:
This appeal involves a personal injury action that was dismissed
because the Clerk of the Circuit Court for Davidson County refused to
accept and file a summons that had not been prepared on an original
form provided by the clerk. By the time the plaintiff provided
another summons acceptable to the clerk, the time for filing the
complaint and the summons had elapsed. Accordingly, on motion of one
of the defendants, the Circuit Court for Davidson County dismissed the
personal injury claim because it was time-barred. We have determined
that the clerk's office exceeded its authority when it declined to
accept and file the summons and, therefore, that the trial court erred
by dismissing the complaint. Accordingly, we vacate the order
dismissing the personal injury claims and remand the case for further
proceedings.
http://www.tba.org/tba_files/TCA/woodsm.wpd
STATE OF TENNESSEE
VS.
TERRY LEE ADAMS
ORDER
Court:TCCA
Judge: HAYES
First Paragraph:
This matter is before the Court upon the state's motion to affirm the
trial court judgment by order pursuant to Rule 20, Rules of the Court
of Criminal Appeals. The appellant is appealing the trial court's
revocation of his probation. On December 17, 1996, the appellant pled
guilty to two counts of the sale of over .5 grams of cocaine and
received concurrent sentences of seven years, two months and twelve
days. The appellant was placed on probation on July 3, 1997. On
January 28, 1999, the trial court revoked appellant's probation.
After a hearing, the trial court found that the appellant violated the
terms and conditions of his probation by twice driving on a revoked or
suspended license, failing to pay probation supervision fees,
possessing a handgun, and being arrested and convicted for domestic
violence.
http://www.tba.org/tba_files/TCCA/ADAMS.wpd
BOBBY BAKER
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT:
GARY F. ANTRICAN
District Public Defender
118 E. Market
P.O. Box 700
Somerville, TN 38068-0700
FOR THE APPELLEE:
PAUL G. SUMMERS
Attorney General and Reporter
PATRICIA C. KUSSMAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
ELIZABETH T. RICE
District Attorney General
HENRY WILLIAMS
Assistant District Attorney General
302 Market Street
Somerville, TN 38068
Judge: RILEY
First Paragraph:
Petitioner, Bobby Baker, appeals the denial of his petition for
post-conviction relief by the Circuit Court of Tipton County.
Petitioner was convicted of aggravated burglary and aggravated rape.
He received consecutive sentences of twelve years and thirty-five
years, respectively. The sole issue presented for our review is
whether petitioner was denied effective assistance of counsel. After
a careful review of the record, we AFFIRM the judgment of the trial
court.
http://www.tba.org/tba_files/TCCA/BAKERB.wpd
JEROME SYDNEY BARRETT
VS.
STATE OF TENNESSEE
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JEROME SYDNEY BARRETT MICHAEL E. MOORE
Pro Se Solicitor General
Northwest Correctional Center
Route #1, Box 660 R. STEPHEN JOBE
Tiptonville, TN 38079 Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
C. PHILLIP BIVENS
District Attorney General
P. O. Drawer E
Dyersburg, TN 38024
Judge: WILLIAMS
First Paragraph:
The pro se petitioner, Jerome Sydney Barrett, appeals the order of the
Lake County Circuit Court summarily dismissing his petition for writ
of habeas corpus. On February 13, 1976, the petitioner was sentenced
by the Davidson County Criminal Court to sixty years in the Department
of Correction for rape. The petitioner asserts that he has not
received due sentence reduction. We affirm the order of the trial
court.
http://www.tba.org/tba_files/TCCA/BARRETJS.wpd
STATE OF TENNESSEE
VS.
RANDY LOWE EVANS
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Victoria L. DiBonaventura Paul G. Summers
Attorney at Law Attorney General and Reporter
209 West Washington Street
Paris, TN 38242 R. Stephen Jobe
Assistant Attorney General
Criminal Justice Division
425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Robert "Gus" Radford
District Attorney General
24th Judicial District
P. O. Box 686
Huntingdon, TN 38344
Judge: HAYES
First Paragraph:
The appellant, Randy Lowe Evans, appeals the sentencing decision of
the Henry County Circuit Court. The appellant and his co-defendant,
Tammy Rose Medlock, were indicted for felony possession of cocaine,
misdemeanor possession of marijuana, and possession of drug
paraphernalia. Following a jury trial, the appellant was acquitted of
possession of cocaine with intent to sell; however, the jury found him
guilty of possession of marijuana and possession of drug
paraphernalia. The trial court imposed split confinement sentences of
eleven months and twenty-nine days on both convictions to run
concurrently, with six months continuous jail confinement. On appeal,
the appellant challenges this sentence.
After review, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/evansrl.wpd
STATE OF TENNESSEE
VS.
JOHN HARRIS
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Brett B. Stein Paul G. Summers
and Attorney General of Tennessee
Larry Diamond and
236 Adams Avenue Michael E. Moore
Memphis, TN 38103 Solicitor General
and
R. Stephen Jobe
Assistant Attorney General
425 Fifth Avenue North
2nd Floor, Cordell Hull Building
Nashville, TN 37243-0493
William L. Gibbons
District Attorney General
and
Jerry R. Kitchen
Assistant District Attorney General
Criminal Justice Complex, Suite 301
201 Poplar Avenue
Memphis, TN 38103
Judge: TIPTON
First Paragraph:
The defendant, John Harris, appeals as of right from his conviction by
a jury in the Shelby County Criminal Court for rape of a child, a
Class A felony. He was sentenced as a career offender to sixty years
in the custody of the Department of Correction. As a child rapist,
the defendant has no benefit of early release. See Tenn. Code Ann. S
39-13-523(a)(1). His sixty-year sentence is consecutive to a prior
sentence.
http://www.tba.org/tba_files/TCCA/HARRISJ.wpd
STATE OF TENNESSEE
VS.
QUINCY HENDERSON
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
KATHLEEN L. CALDWELL PAUL G. SUMMERS
44 North Second St., Suite 200 Attorney General & Reporter
Memphis, TN 38103
PATRICIA C. KUSSMANN
Asst. Attorney General
Cordell Hull Bldg., 2nd Fl.
425 Fifth Ave., North
Nashville, TN 37243-0493
WILLIAM L. GIBBONS
District Attorney General
REGINALD R. HENDERSON
Asst. District Attorney General
201 Poplar Ave., 3rd Floor
Memphis, TN 38103
Judge: PEAY
First Paragraph:
The defendant was convicted by a jury of first-degree murder and
sentenced to a term of life imprisonment. On direct appeal, this
Court reduced the defendant's conviction to second-degree murder and
remanded the case for resentencing. After a sentencing hearing, the
defendant was sentenced to a term of twenty years. The defendant now
appeals and contends that the trial court erred in denying the
defendant's Rule 35 Motion for Correction of Judgment. 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/HENDERSQ.wpd
JAMES C. JOHNSON
VS.
STATE OF TENNESSEE
ORDER
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
JAMES C. JOHNSON, PRO SE PAUL G. SUMMERS
Northwest Correctional Complex Attorney General & Reporter
Route 1, Box 660
Tiptonville, TN 38079 R. STEPHEN JOBE
Asst. Attorney General
425 Fifth Ave., North
Nashville, TN 37243-0493
ROBERT (GUS) RADFORD
District Attorney General
P. O. Box 686
Huntingdon, TN 38344
Court:TCCA
Judge: PEAY
First Paragraph:
The petitioner originally was convicted at a jury trial of rape of a
child. He was sentenced to twenty (20) years imprisonment and this
Court affirmed his conviction and sentence upon direct appeal. State
v. James Cordell Johnson, Hardin County, No. 02C01-9604-CC-00127
(Tenn. Crim. App. filed December 3, 1997, at Jackson). The Tennessee
Supreme Court denied permission to appeal on September 21, 1998. On
April 9, 1999, the petitioner filed a pro se petition for
post-conviction relief alleging ineffective assistance of counsel,
additional constitutional grounds, and prosecutorial misconduct. On
May 19, 1999, the trial court entered a preliminary order summarily
denying the petition. It is from this order the petitioner now
appeals.
http://www.tba.org/tba_files/TCCA/JOHNSONJ.wpd
DARVELL McCARLEY
VS.
STATE OF TENNESSEE
ORDER
Court:TCCA
Judge: HAYES
First Paragraph:
This matter is before the Court upon the state's motion, pursuant to
Rule 20, Rules of the Court of Criminal Appeals, to affirm the
judgment of the trial court by order rather than formal opinion. On
February 1, 1990, the petitioner pled guilty to selling a controlled
substance and was sentenced to three years on probation. On January
10, 1995, the petitioner pled guilty to three counts of robbery and
one count of forgery and received an effective four year sentence.
The petitioner was also convicted for possession of drug paraphernalia
on August 25, 1994. No appeals were apparently taken from these
convictions. On May 20, 1999, the petitioner filed a pro se petition
for post-conviction relief. Finding that the statute of limitations
had expired, the trial court dismissed the petition without a hearing.
http://www.tba.org/tba_files/TCCA/MCCARLEY.wpd
STATE OF TENNESSEE
VS.
MICHAEL D. PRIDE and TERRANCE B. SMITH
Court:TCCA
Attorneys:
FOR THE APPELLANTS:
D. MICHAEL DUNAVANT (For Pride)
P.O. Box 150
Ripley, TN 38063
(At Trial and On Appeal)
C. MICHAEL ROBBINS (For Smith)
46 North Third Street, Suite 719
Memphis, TN 38301
(On Appeal)
GARY F. ANTRICAN (For Smith)
District Public Defender
DAVID S. STOCKTON (For Smith)
Assistant District Public Defender
P.O. Box 700
Somerville, TN 38068
(At Trial and On Appeal)
FOR THE APPELLEE:
PAUL G. SUMMERS
Attorney General and Reporter
CLINTON J. MORGAN
Assistant Attorney General
Cordell Hull Building, 2nd Floor
425 Fifth Avenue North
Nashville, TN 37243-0493
ELIZABETH T. RICE
District Attorney General
JAMES W. FREELAND, JR.
Assistant District Attorney General
302 Market Street
Somerville, TN 38068
Judge: RILEY
First Paragraph:
A Tipton County jury convicted defendants, Michael D. Pride and
Terrance B. Smith, of premeditated first degree murder. Each was
sentenced to life imprisonment. In this appeal as of right, each
defendant challenges the sufficiency of the evidence upon which the
jury based its convictions. Defendant Pride also challenges the trial
court's failure to suppress a videotape of the crime scene and the
defendants' arrest. After a complete review of the record, we AFFIRM
the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/PRD&SMTH.wpd
WAYMON P. RUSSELL
VS.
STATE OF TENNESSEE
ORDER
Court:TCCA
Judge: HAYES
First Paragraph:
This matter is before the Court upon the state's motion to affirm the
trial court judgment pursuant to Rule 20, Rules of the Court of
Criminal Appeals. The record reflects that in 1991, the petitioner
pled guilty to aggravated robbery, aggravated kidnapping and escape.
No appeal apparently was taken. The record also reflects that in
1993, the petitioner filed a petition for post-conviction relief,
which he later withdrew before it was heard by the court. In 1994,
the petitioner filed a motion to reopen or pursue the petition. The
trial court denied the motion and no appeal was taken.
http://www.tba.org/tba_files/TCCA/RUSSELL_ORD.wpd
FREDDIE RUSSELL
VS.
STATE OF TENNESSEE
ORDER
Court:TCCA
Judge: HAYES
First Paragraph:
This matter is before the Court upon motion of the state to affirm the
judgment of the trial court pursuant to Rule 20, Rules of the Court of
Criminal Appeals. This case represents an appeal from the trial
court's dismissal of the petitioner's petition for a writ of habeas
corpus. In 1988, the petitioner was convicted of aggravated rape,
incest and crime against nature, all against a child under the age of
thirteen. He was sentenced to twenty years for the rape conviction as
a Range I standard offender. On appeal, the Supreme Court held the
1982 sentencing statute required that the petitioner be sentenced as a
Range II offender on the rape conviction and remanded the matter to
the trial court. State v. Russell, 800 S.W.2d 169 (Tenn. 1990). The
trial court subsequently sentenced the petitioner to forty years for
the rape conviction.
http://www.tba.org/tba_files/TCCA/RUSSEL~1_ORD.wpd
STATE OF TENNESSEE
VS.
TERRY VESTAL
Court:TCCA
Attorneys:
For the Appellant: For the Appellee:
Clifford K. McGown, Jr. Paul G. Summers
Attorney at Law Attorney General and Reporter
113 North Court Square
P. O. Box 26 J. Ross Dyer
Waverly, TN 37185 Assistant Attorney General
Criminal Justice Division
(ON APPEAL ONLY) 425 Fifth Avenue North
2d Floor, Cordell Hull Building
Nashville, TN 37243-0493
Tom C. Crider
District Public Defender
107 South Court Square Clayburn L. Peeples
Trenton, TN 38382 District Attorney General
(AT TRIAL AND OF Larry Hardister
COUNSEL ON APPEAL) Asst. District Attorney General
110 College Street, Suite 200
Trenton, TN 38382
Judge: HAYES
First Paragraph:
The appellant, Terry Vestal, appeals his conviction by a Gibson County
jury for the offense of rape of a child. The trial court sentenced
the appellant to twenty- five years in the Department of Correction.
On appeal, the appellant's sole challenge is the sufficiency of the
convicting evidence.
After review, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/VESTALT.wpd
STATE OF TENNESSEE
VS.
STEVEN WEBSTER
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
ROBERT C. BROOKS PAUL G. SUMMERS
P.O. Box 77158 Attorney General and Reporter
Memphis, TN 38177
PETER M. COUGHLAN
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37232
WILLIAM GIBBONS
District Attorney General
SCOTT GORDON
Assistant District Attorney General
Criminal Justice Complex, Suite 301
201 Poplar Avenue
Memphis, TN 38103
Judge: SMITH
First Paragraph:
The appellant, Steven Webster, was convicted by a Shelby County jury
of one (1) count of sexual battery, a Class E felony. The trial court
sentenced him as a Range I offender to two (2) years in community
corrections after serving 120 days in prison. On appeal, the
appellant contends that the trial court erred in denying his motion
for judgment of acquittal. After a thorough review of the record
before this Court, we affirm the trial court's judgment.
http://www.tba.org/tba_files/TCCA/WEBSTERS.wpd
STATE OF TENNESSEE
VS.
TERRANCE WILKS
Court:TCCA
Attorneys:
FOR THE APPELLANT: FOR THE APPELLEE:
RANDALL B. TOLLEY PAUL G. SUMMERS
242 Poplar Avenue Attorney General and Reporter
Memphis, TN 38103
PATRICIA C. KUSSMANN
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243
WILLIAM GIBBONS
District Attorney General
JENNIFER NICHOLS
Assistant District Attorney General
Criminal Justice Complex, Suite 301
201 Poplar Avenue
Memphis, TN 38103
Judge: SMITH
First Paragraph:
On July 7, 1998, a Shelby County jury convicted Terrance Wilks
("appellant" or "defendant") of raping a child. This appeal raises
the following issues: (1) Whether the evidence was legally sufficient
for a jury to convict the defendant; and
(2) Whether the trial judge properly instructed the jury that they
could consider the defendant's flight following the commission of the
crime as evidence of the defendant's guilt.
The judgment of the trial court is affirmed.
http://www.tba.org/tba_files/TCCA/wilkst.wpd
STATE OF TENNESSEE
VS.
EDWARD CARL WOMACK
Court:TCCA
Attorneys:
For Appellant For Appellee
David M. Livingston Paul G. Summers
111 West Main Street Attorney General and Reporter
Brownsville, TN 38012 425 Fifth Avenue North
Nashville, TN 37243-0493
J. Ross Dyer
Assistant Attorney General
425 Fifth Avenue North
Nashville, TN 37243-0493
Judge: OGLE
First Paragraph:
On September 21, 1998, the appellant pled guilty in the Haywood County
Circuit Court to simple possession of a schedule II controlled
substance (methamphetamine), a class A misdemeanor. Pursuant to a
plea agreement, the trial court imposed a sentence of eleven months
and twenty-nine days in the Haywood County Jail, suspending all but
thirty days of the appellant's sentence. The appellant reserved a
certified question of law in accordance with Tenn. R. Crim. P.
37(b)(2)(i), asserting that the discovery of the methamphetamines by
an enforcement officer of the Tennessee Department of Safety stemmed
from the unlawful detention of his commercial vehicle at a truck
weigh-inspection station for the purpose of a safety inspection.
Following a thorough review of the record and the parties' briefs, we
reverse the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/womackec.wpd
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