Opinion Flash; 01/21/2000

January 21, 2000
Volume 6 -- Number 009

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

03 New Opinion(s) from the Tennessee Court of Appeals

73 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

DIANNE DOBSON AND HER HUSBAND, MIKE DOBSON VS. STATE OF TENNESSEE Court:TCA Attorneys: Gayden Drew IV of Jackson For Appellants Beauchamp E. Brogan, General Counsel and Secretary Lisa Karen Atkins, Assistant General Counsel Judge: CRAWFORD First Paragraph: This is a premises liability case arising from a fall by plaintiff on the University of Tennessee at Martin (referred to herein as UTM) campus. Plaintiffs, Dianne Dobson, and her husband Mike Dobson, appeal from the judgement of the Claims Commission denying the relief sought against defendant, State of Tennessee (referred to herein as State) and dismissing their claim. http://www.tba.org/tba_files/TCA/Dobsond.wpd
LCI INTERNATIONAL VS. MARGO SWARTWOOD d/b/a THERMAL SASH Court:TCA Attorneys: David A. Riddick of Jackson For Appellant No Appearance By Appellee Judge: CRAWFORD First Paragraph: This appeal involves a suit on open account tried by the trial court without a jury. Plaintiff-appellant, LCI International (LCI) appeals the judgment of the trial court for defendant-appellee, Margo Swartwood. http://www.tba.org/tba_files/TCA/LCIINTER.wpd
JANET CAROL SCARBROUGH VS. EDD SHERROD SCARBROUGH Court:TCA Attorneys: James H. Bradberry of Dresden For Appellant L. L. Harrrell, Jr., of Trenton For Appellee Judge: CRAWFORD First Paragraph: This is a divorce case. Plaintiff, Janet Carol Scarbrough (Wife), and defendant, Edd Sherrod Scarbrough (Husband), married August 19, 1977. Each of the parties had been married previously, and each of them had one child. Wife had a daughter, Mitzi, and Wife had custody of this child. Husband had a son, Lynn, and the child's mother had custody of Lynn. In 1981, a son, Todd, was born to the Scarbroughs. http://www.tba.org/tba_files/TCA/SCARBR~1.wpd
STATE OF TENNESSEE VS. KENNETH A. ADAMS and JEREMIAH A. LEAVY Court:TCCA Attorneys: FOR THE APPELLANTS: GARY F. ANTRICAN District Public Defender (For Appellant Adams) DAVID S. STOCKTON Assistant Public Defender P.O. Box 700 Somerville, TN 38068-0700 (For Appellant Adams) FRANK M. DESLAURIERS 214 W Pleasant P.O. Box 1156 Covington, TN 38019 (For Appellant Leavy) FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter R. STEPHEN JOBE Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 ELIZABETH T. RICE District Attorney General JAMES WALTER FREELAND Assistant District Attorney General 302 Market Street Somerville, TN 38068 Judge: RILEY First Paragraph: Upon transfer to circuit court for treatment as adults, juvenile defendants Kenneth A. Adams and Jeremiah A. Leavy were convicted by a Tipton County jury for the premeditated first degree murder, felony murder, aggravated robbery, and especially aggravated kidnapping of James Terry, Sr. http://www.tba.org/tba_files/TCCA/ADMSLVY.wpd
STATE OF TENNESSEE VS. ERIC AMOS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A.C. WHARTON, JR. PAUL G. SUMMERS District Public Defender Attorney General & Reporter WALKER GWINN J. ROSS DYER Assistant Public Defender Assistant Attorney General Criminal Justice Center, Ste 2012nd Floor, Cordell Hull Building 201 Poplar Avenue 425 Fifth Avenue North Memphis, TN 38103 Nashville, TN 37243 DIANNE THACKERY JOHN W. PIEROTTI Assistant Public Defender District Attorney General Criminal Justice Center, Ste 201 201 Poplar Avenue DAVID HENRY Memphis, TN 38103 Assistant District Attorney General Criminal Justice Center, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge: WOODALL First Paragraph: In September of 1997, the Shelby County Grand Jury indicted Defendant Eric Amos for carjacking. In March of 1998, the Shelby County Grand Jury indicted Defendant for theft of property worth between $10,000.00 and $60,000.00. On May 4, 1998, the State moved for consolidation of the indictments and the trial court granted the motion. Following a jury trial on May 12-14, 1998, Defendant was convicted of carjacking and theft of property worth between $10,000.00 and $60,000.00. http://www.tba.org/tba_files/TCCA/amose.wpd
STATE OF TENNESSEE VS. OTIS L. ARMSTRONG Court:TCCA Attorneys: For Appellant For Appellee Gerald S. Green Paul G. Summers 147 Jefferson Avenue, Suite 404 Attorney General and Reporter Memphis, TN 38103 425 Fifth Avenue North Nashville, TN 37243-0493 Patricia C. Kussmann Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Judge: OGLE First Paragraph: On February 3, 1999, the appellant, Otis L. Armstrong, pled guilty in the Shelby County Criminal Court to aggravated robbery, a class B felony. Tenn. Code Ann. S 39-13-402(b) (1997). The appellant pled guilty in return for the State's recommendation to the trial court that he receive a sentence of eight years incarceration in the Tennessee Department of Correction as a standard, Range I offender. http://www.tba.org/tba_files/TCCA/armstrongolopn.wpd
STATE OF TENNESSEE VS. GREGORY SCOTT BATTLES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GREGORY SCOTT BATTLES (pro se at trial) PAUL G. SUMMERS P.O. Box 1345 Attorney General & Reporter Savannah, TN 38372 R. STEPHEN JOBE CHARLES WATSON CROSS (on appeal) Asst. Attorney General Attorney at Law 425 Fifth Ave. North 221 Fourth Ave, North 2d Floor, Cordell Hull Bldg. Nashville, TN 37219 Nashville, TN 37243-0493 G. ROBERT RADFORD District Attorney General JOHN OVERTON Asst. District Attorney General P.O. Box 484 Savannah, TN 38372 Judge: WITT First Paragraph: The defendant, Gregory Scott Battles, appeals his Hardin County conviction and the resulting sentence by the trial court. A jury convicted the defendant of DUI, second offense, a Class A misdemeanor. After a sentencing hearing, the trial court imposed a sentence of eleven months, twenty-nine days, the first six months to be served in confinement and the remainder on probation. Also, the trial court fined the defendant $2000. http://www.tba.org/tba_files/TCCA/BattlesG.wpd
STATE OF TENNESSEE VS. LEE BELL, JR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GEORGE GOOGE PAUL G. SUMMERS District Public Defender Attorney General & Reporter VANESSA D. KING PATRICIA C. KUSSMANN Asst. Public Defender Asst. Attorney General 227 West Baltimore St. Cordell Hull Bldg., 2nd Fl. Jackson, TN 38301 425 Fifth Ave., North Nashville, TN 37243-0493 C. MICHAEL ROBBINS 46 North Third St. JERRY WOODALL Suite 719 District Attorney General Memphis, TN 38103 (On Appeal) DONALD H. ALLEN Asst. District Attorney General Lowell Thomas State Office Bldg. Jackson, TN 38301 Judge: PEAY First Paragraph: The defendant pled guilty to three counts of theft of property under five hundred dollars ($500), two counts of forgery, two counts of criminal impersonation, one count of aggravated criminal trespass, and was found guilty by a jury of one count of theft of property over one thousand dollars ($1000). The defendant received an effective sentence of eight years with eleven months, twenty-nine days to be served in confinement and seven years and one day to be served in a community corrections program. http://www.tba.org/tba_files/TCCA/BELLLEE.wpd
STATE OF TENNESSEE VS. JOHN ROBERT BENSON Court:TCCA Attorneys: For Appellant: For Appellee: Gregory D. Smith John Knox Walkup Contract Appellate Defender Attorney General and Reporter One Public Square, Suite 321 450 James Robertson Parkway Clarksville, TN 37040 Nashville, TN 37243-0493 Michael D. Randles Lucian D. Geise Assistant Public Defender Assistant Attorney General 218 North Main Street 425 Fifth Avenue North Shelbyville, TN 37160 Nashville, TN 37243-0493 Robert G. Crigler Assistant District Attorney General One Public Square, Suite 300 Shelbyville, TN 37160 Judge: OGLE First Paragraph: On May 7, 1998, the appellant, John Robert Benson, was convicted by a jury in the Bedford County Circuit Court of two counts of attempted first degree murder and three counts of reckless endangerment. On April 20, 1998, the trial court sentenced the appellant as a standard Range I offender to concurrent sentences of twenty two years incarceration for the attempted first degree murder convictions. http://www.tba.org/tba_files/TCCA/bensonjo.wpd
STATE OF TENNESSEE VS. OSCAR BERNAL Court:TCCA Attorneys: FOR THE APPELLANT: 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 VICTOR S. JOHNSON III District Attorney General JOHN C. ZIMMERMAN Assistant District Attorney General Washington Square, Suite 500 222 Second Ave. North Nashville, TN 37201-1649 FOR THE APPELLEE: JEFFREY A. DEVASHER (On Appeal) CLARK B. THORNTON (On Appeal and At Hearing) EMMA R. TENNENT (At Hearing) Assistant Public Defenders 1202 Stahlman Bldg. Nashville, TN 37201-5066 Judge: RILEY First Paragraph: Defendant filed a motion to dismiss ten counts of a fourteen-count sexual abuse indictment, asserting the statute of limitations had expired. The indictment alleged the statute of limitations was tolled by the defendant's acts of intimidation and concealment of his crimes. The trial court granted defendant's motion to dismiss. The State appeals as of right under Rule 3 of the Tennessee Rules of Appellate Procedure. Upon consideration of the issue presented for review, we AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/bernal.wpd
RUNAKO Q. BLAIR VS. STATE OF TENNESSEE 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. This case represents an appeal from the dismissal of the petitioner's second petition for post- conviction relief. In 1994, the petitioner was convicted of second degree murder and attempted second degree murder received an effective thirty-three year sentence. This Court affirmed the convictions and sentences on appeal. State v. Blair, No. 02C01- 9411-CR-00249 (Tenn. Crim. App. Nov. 22, 1995), perm. app. denied, (Tenn. May 13, 1996). The petitioner subsequently filed a petition for post-conviction relief. The trial court dismissed the petition. This Court affirmed the dismissal on appeal. Blair v. State, 969 S.W.2d 423 (Tenn. Crim. App. 1997), perm. app. denied, (Tenn. 1998). On January 21, 1999, the petitioner filed his second petition for post-conviction relief, which was dismissed by the trial court on February 12, 1999. http://www.tba.org/tba_files/TCCA/BLAIRR1_ORD.wpd
OTHA BOMAR VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: EMILY M. SMACHETTI PAUL G. SUMMERS Farris, Warfield & Kanaday, PLC Attorney General & Reporter Suite 1900 SunTrust Center 424 Church Street MARK E. DAVIDSON Nashville, Tennessee 37219 Assistant Attorney General 425 Fifth Avenue North Nashville, Tennessee 37243 Judge: LAFFERTY First Paragraph: The appellant, Otha Bomar, the petitioner hereinafter, appeals the Davidson County Circuit Court's dismissal of his petition for post-conviction relief. http://www.tba.org/tba_files/TCCA/BOMAR.wpd
STATE OF TENNESSEE VS. DENNIS E. BONDON Court:TCCA Attorneys: For Appellant For Appellee Tony N. Brayton Paul G. Summers Assistant Public Defender Attorney General and Reporter 201 Poplar, Suite 2-01 425 Fifth Avenue North Memphis, TN 38103 Nashville, TN 37243-0493 J. Ross Dyer Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243-0493 Judge: OGLE First Paragraph: The appellant, Dennis E. Bondon, pled guilty in the Shelby County Criminal Court on May 21, 1998, to the second degree murder of Evelyn Cowan. The appellant pled guilty upon the understanding that the trial court would determine his sentence. The trial court conducted a sentencing hearing on July 7, 1998, and on August 12, 1998. Following the presentation of proof by the State and the appellant, the court sentenced the appellant as a standard, Range I offender to twenty-three years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the length of his sentence. http://www.tba.org/tba_files/TCCA/bondonde.wpd
STATE OF TENNESSEE VS. MARK LEE BOONE WITH DISSENTING OPINION Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: J. COLLIN MORRIS PAUL G. SUMMERS P.O. Box 1623 Attorney General and Reporter Jackson, TN 38302-1623 R. STEPHEN JOBE Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JERRY WOODALL District Attorney General CHRIS SHULTZ Assistant District Attorney General P.O. Box 2825 Jackson, TN 38302 Judge: WELLES First Paragraph: In January of 1998, the Defendant, Mark Lee Boone, was convicted of the following crimes: aggravated vehicular homicide; vehicular assault; fourth offense DUI; possession of marijuana; possession of drug paraphernalia; driving on a revoked license with two or more DUI convictions; and third offense driving on a revoked license. http://www.tba.org/tba_files/TCCA/BOONEML_OPN.wpd DISSENTING OPINION http://www.tba.org/tba_files/TCCA/BOONEML_DIS.wpd
STATE OF TENNESSEE VS. MITCHELL BOWERS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A.C. WHARTON PAUL G. SUMMERS Public Defender Attorney General and Reporter TONY R. BRAYTON R. STEPHEN JOBE Assistant Public Defender Assistant Attorney General 201 Poplar, Suite 2-01 425 Fifth Avenue North Memphis, TN 38103 Nashville, TN 37243 WILLIAM GIBBONS District Attorney General RHEA CLIFT ROBERT CARTER Assistant District Attorneys General Criminal Justice Complex, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge: SMITH First Paragraph: The appellant, Mitchell L. Bowers, was convicted by a Shelby County jury of one (1) count of premeditated first degree murder and was sentenced to life imprisonment. On appeal, he contends that the evidence is insufficient to support his conviction for first degree murder and that the trial court erred in its charge to the jury regarding parole eligibility. After a thorough review of the record before this Court, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/BOWERSM.wpd
MICHAEL JOE BOYD VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Robert Hutton, Jr. Paul G. Summers Glankler Brown PLLC Attorney General and Reporter 100 Commerce Square - Ste 1700 Memphis, TN 38103 Jennifer L. Smith Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 William L. Gibbons District Attorney General John Campbell Asst. District Attorney General Criminal Justice Complex - Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge: HAYES First Paragraph: This appeal presents the collateral attack of a 1983 guilty plea to second degree murder. In March 1988, the appellant, Michael Joe Boyd, filed a pro se petition for post-conviction relief in the Criminal Court for Shelby County. The post- conviction court summarily dismissed the appellant's petition on February 12, 1990. Although no direct appeal of this order was taken, the appellant, on March 14, 1990, filed a "Motion to Reconsider and for Opportunity to Put on Testimonial Proof" in the post-conviction court. On December 7, 1998, the court denied the appellant's motion on the ground that it had lost jurisdiction over the matter. The appellant now appeals the post-conviction court's rulings of February 12, 1990, and December 7, 1998. http://www.tba.org/tba_files/TCCA/BOYDMI~1.wpd
DEON BRADEN VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: HERSHELL KOGER JOHN KNOX WALKUP P. O. Box 1148 Attorney General & Reporter Pulaski, TN 38478 DARYL J. BRAND Associate Solicitor General 425 Fifth Avenue North Nashville, TN 37243-0493 T. MICHEL BOTTOMS District Attorney General P. O. Box 459 Lawrenceburg, TN 38464 Judge: WILLIAMS First Paragraph: The petitioner, Deon Braden, appeals from the Maury County Circuit Court's denial of his petition for post-conviction relief after an evidentiary hearing. The petitioner was serving an eleven-year sentence when he pled guilty to assault and to Schedule II controlled substance charges. He received fifteen years, as a career offender, on those pleas. He asserts that he received ineffective assistance of counsel at the plea hearing and that his pleas were involuntary. After careful review, we AFFIRM the trial court's judgment. http://www.tba.org/tba_files/TCCA/braden.wpd
DAVID DEWAYNE BROWN VS. ALTON HESSON, WARDEN, ET AL. 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 1986, the petitioner pled guilty to five counts of third degree burglary. He previously filed for post-conviction relief challenging the voluntariness of his guilty pleas. http://www.tba.org/tba_files/TCCA/BROWN.wpd
STATE OF TENNESSEE VS. JOHN W. BROWN Court:TCCA Attorneys: For Appellant For Appellee Beverly J. White Paul G. Summers P.O. Box 1208 Attorney General and Reporter Pulaski, TN 38478 425 Fifth Avenue North Nashville, TN 37243-0493 Kim R. Helper Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Judge: OGLE First Paragraph: On November 3, 1998, the appellant, John W. Brown, Jr., pled guilty in the Giles County Circuit Court to assault. The appellant's plea agreement provided for a suspended sentence of eleven months and twenty-nine days incarceration in the Giles County Jail in conjunction with an equal period of probation. Additionally, the appellant agreed that the trial court would determine the amount of restitution. http://www.tba.org/tba_files/TCCA/brownjwj.wpd
STATE OF TENNESSEE VS. MICHAEL CARROLL Court:TCCA Attorneys: For Appellant For Appellee C. Mark Donahoe Paul G. Summers Spragins, Barnett, Attorney General and Reporter Cobb & Butler, PLC 425 Fifth Avenue North 312 East Lafayette Street Nashville, TN 37243-0493 Jackson, TN 38302-2004 Patricia C. Kussmann Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243-0493 Judge: OGLE First Paragraph: The appellant, Michael Carroll, appeals his convictions in the Madison County Circuit Court on November 13, 1997, of first degree felony murder, especially aggravated robbery, conspiracy to commit aggravated robbery, and the unlawful possession of a weapon. The trial court imposed a sentence of life imprisonment for the first degree murder conviction. Additionally, the trial court ordered that the appellant serve his life sentence consecutively to concurrent sentences of twenty-two years and six months for the especially aggravated robbery conviction, four years and six months for the conspiracy conviction, and one year and six months for the unlawful possession of a weapon conviction. http://www.tba.org/tba_files/TCCA/carrollmiopn.wpd
STATE OF TENNESSEE VS. TONY V. CARRUTHERS and JAMES MONTGOMERY Court:TCCA Attorneys: FOR THE APPELLANTS: FOR THE APPELLEE: STEPHEN R. LEFFLER PAUL G. SUMMERS Counsel for Carruthers On Appeal Attorney General & Reporter 50 North Front Street, Suite 999 Memphis, TN 38103 AMY L. TARKINGTON Assistant Attorney General LEE A. FILDERMAN 2nd Floor, Cordell Hull Building Counsel for Carruthers On Appeal 425 Fifth Avenue North 44 North Front Street, Suite 701 Nashville, TN 37243 Memphis, TN 38103 JOHN W. PIEROTTI TONY V. CARRUTHERS, pro se at trial District Attorney General ROBERT C. BROOKS PHILLIP GERALD HARRIS Counsel for Montgomery On Appeal Assistant District Attorney General 707 Adams Avenue Memphis, TN 38105 J. ROBERT CARTER, JR. Assistant District Attorney General EDWARD W. CHANDLER Criminal Justice Center, Suite 301 Counsel for Montgomery On Appeal 201 Poplar Avenue 2502 Mt. Moriah, Suite A-100 Memphis, TN 38103 Memphis, TN 38115 HAROLD D. ARCHIBALD Counsel for Montgomery At Trial 22 North Front Street, Suite 900 Memphis, TN 38103 J.C. McLIN Counsel for Montgomery At Trial 301 Washington Avenue, Suite 210 Memphis, TN 38103 Judge: WOODALL First Paragraph: The appellants, James Montgomery and Tony Carruthers, were each indicted, along with their co-defendant, Jonathan Montgomery, on three counts of the premeditated first degree murders of Marcellos Anderson, his mother, Delois Anderson, and Frederick Tucker. Prior to trial, Jonathan Montgomery was found hanged in his jail cell. James Montgomery and Tony Carruthers were also indicted on three counts each of the especially aggravated kidnapping of all three victims, and one count each of the especially aggravated robbery of Marcellos Anderson. The appellants were tried and convicted on each charge. http://www.tba.org/tba_files/TCCA/carruthers.wpd
STATE OF TENNESSEE VS. DUANE COLEMAN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: FLOYD N. PRICE PAUL G. SUMMERS 306 Gay Street Attorney General and Reporter Nashville, TN 37201 MARK E. DAVIDSON Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 VICTOR S. JOHNSON District Attorney General PAUL DEWITT Assistant District Attorney General Washington Square, Suite 500 222 Second Avenue North Nashville, TN 37201-1649 Judge: WELLES First Paragraph: On November 5, 1997, the Defendant, Duane Coleman, was convicted by a Davidson County jury of murder in the second degree. The trial court sentenced him as a Range II multiple offender to thirty-two years incarceration, to be served consecutive to two four-year sentences previously imposed for attempted aggravated robbery. Pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure, the Defendant now appeals his conviction and his sentence. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/colemand.wpd
STATE OF TENNESSEE VS. RONNIE LANCE COLEMAN Court:TCCA Attorneys: FOR THE APPELLANT: LANCE H. SELVA WILLIAM L. SHULMAN Attorneys at Law 214 W. Main Street Murfreesboro, TN 37130 Judge: WITT First Paragraph: The defendant, Ronnie Lance Coleman, appeals his Bedford County Criminal Court conviction. A jury convicted the defendant of solicitation to commit rape of a child, a Class E felony. After a sentencing hearing, the trial court sentenced the defendant to one year, six months confinement in the Tennessee Department of Correction and six years probation. http://www.tba.org/tba_files/TCCA/ColemanR.wpd
STATE OF TENNESSEE VS. JOHN D. COOKE, III Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SCOTT G. KIRK PAUL G. SUMMERS 200 East Main St, Ste 110 Attorney General and Reporter Jackson, TN 38302 PATRICIA C. KUSSMANN JOE H. BYRD, JR. Assistant Attorney General 203 S. Shannon Street 425 Fifth Avenue North Jackson, TN 38301 Nashville, TN 37243 JERRY WOODALL District Attorney General JAMES W. THOMPSON Assistant District Attorney General Lowell Thomas State Office Building Jackson, TN 38301 Judge: WELLES First Paragraph: The Defendant, John D. Cooke, III, was convicted by a Madison County jury of aggravated sexual battery, assault, contributing to the delinquency of a minor, and unlawful possession of a firearm. He was sentenced to nine years for aggravated sexual battery, six months for assault, eleven months twenty-nine days for contributing to the delinquency of a minor, and thirty days for unlawful possession of a firearm, all to be served concurrently. http://www.tba.org/tba_files/TCCA/COOKEJD.wpd
STATE OF TENNESSEE VS. ALARIC BARRET CROUCH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: J. DANIEL FREEMON PAUL G. SUMMERS Attorney at Law Attorney General & Reporter P.O. Box 27 Lawrenceburg, TN 38464 MARVIN E. CLEMENTS, JR. Asst. Attorney General 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 T. MICHAEL BOTTOMS District Attorney General JAMES G. WHITE Asst. District Attorney General P.O. Box 459 Lawrenceburg, TN 38464-0459 Judge: WITT First Paragraph: The defendant, Alaric Barret Crouch, pleaded guilty to driving under the influence but reserved, with the consent of the state and the trial court, a certified question of law for appeal. See Tenn. R. Crim. P. 37(b)(2)(i), (iv). In this appeal of that certified question, Crouch claims the arresting officer did not observe him for twenty minutes prior to giving him a breathalyzer test, a prerequisite for breath-test result admissibility under State v. Sensing, 843 S.W.2d 412, 416 (Tenn. 1992). http://www.tba.org/tba_files/TCCA/crouchab.wpd
STATE OF TENNESSEE VS. CARLOS A. CURRY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: MARK A. MESLER PAUL G. SUMMERS Ballin, Ballin & Fishman Attorney General & Reporter 200 Jefferson Avenue, Ste 1250 Memphis, TN 38103 J. ROSS DYER Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General MICHAEL H. LEAVITT Assistant District Attorney General 201 Poplar Avenue, Suite 301 Memphis, TN 38103-1947 Judge: GLENN First Paragraph: The defendant, Carlos A. Curry, was indicted by the Shelby County Grand Jury and charged with evading arrest in a motor vehicle and possession of a handgun in a public place. Pursuant to a negotiated plea agreement, he pleaded guilty to both of these offenses, receiving sentences of six months for evading arrest and thirty days for possession of a handgun in a public place. The trial court denied his petition to suspend these sentences, a decision which he timely appealed. Based upon our review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Curryca.wpd
STATE OF TENNESSEE VS. CLAY F. DEAN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT M. BRANNON, JR. PAUL G. SUMMERS 296 Washington Avenue, Suite 3 Attorney General & Reporter Memphis, TN 38103 R. STEPHEN JOBE Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General JANET L. SHIPMAN Assistant District Attorney General 201 Poplar Avenue, Suite 301 Memphis, TN 38103-1947 Judge: GLENN First Paragraph: The defendant, Clay F. Dean, was indicted by the Shelby County Grand Jury for the offenses of driving under the influence of an intoxicant and reckless driving. He entered a guilty plea in the Shelby County Criminal Court to reckless driving and was sentenced to thirty days confinement. The sentence was suspended except for the time the defendant had served, with the defendant to then be placed on probation for five months and twenty-nine days. He then asked that the trial court place him on diversion, the trial court denying this request after a hearing. The defendant filed a timely appeal of this denial. Based upon our review of the matter, we remand it to the trial court for supplementation of the record. http://www.tba.org/tba_files/TCCA/Deancf.wpd
STATE OF TENNESSEE VS. COREY L. EDDINS Court:TCCA Attorneys: FOR THE APPELLANT: TONY N. BRAYTON (on appeal) Assistant Public Defender 201 Poplar Avenue, Suite 2-01 Memphis, TN 38103 JOHN C. HOUGH (at trial) BYRON WINSETT Assistant Public Defenders 201 Poplar Avenue - Second Floor Memphis, TN 38103 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General & Reporter J. ROSS DYER Asst. Attorney General 425 Fifth Ave. North 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General KEVIN R. RARDIN Asst. District Attorney General Criminal Justice Center - Third Floor 201 Poplar Avenue Memphis, TN 38103 Judge: WITT First Paragraph: The defendant, Corey Eddins, appeals his Shelby County jury conviction of second degree murder. After a sentencing hearing, the trial court imposed a sentence of 23 years, to be served in the Tennessee Department of Correction. http://www.tba.org/tba_files/TCCA/EddinsC.wpd
STATE OF TENNESSEE VS. PERCY FARRIS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ED NEAL McDANIEL PAUL G. SUMMERS 618 Main St. Attorney General & Reporter Savannah, TN 38372 J. ROSS DYER Asst. Attorney General 425 Fifth Ave.., North Nashville, TN 37243 ROBERT "GUS" RADFORD District Attorney General JOHN W. OVERTON, JR. Asst. District Attorney General P. O. Box 484 Savannah, TN 38372 Judge: PEAY First Paragraph: The defendant was convicted, on his guilty plea, of delivery of under five grams of cocaine. He received an agreed sentence of three years as a Range I standard offender. The manner of service was reserved for determination by the trial judge who refused to grant alternative sentencing. http://www.tba.org/tba_files/TCCA/FARRISP.wpd
STATE OF TENNESSEE VS. RICKY FRAZIER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CLIFFORD K. McGOWN, JR. PAUL G. SUMMERS 113 North Court Square Attorney General and Reporter P.O. Box 26 Waverly, TN 37185 PATRICIA C. KUSSMANN Assistant Attorney General GEORGE MORTON GOOGE 425 Fifth Avenue North District Public Defender Nashville, TN 37243 227 West Baltimore Street Jackson, TN 38301 JERRY WOODALL District Attorney General P.O. Box 2825 Jackson, TN 38302 Judge: SMITH First Paragraph: On November 9, 1997, following a jury trial, Ricky Frazier ("defendant" or "appellant") was convicted of driving under the influence of alcohol. The sole issue on appeal is whether the police had reasonable suspicion to stop the appellant. Because we find that the police lacked sufficient specific and articulable facts to justify harboring a reasonable suspicion that the defendant was engaged in or was about to be engaged in criminal activity, we reverse the judgment of the trial court. http://www.tba.org/tba_files/TCCA/frazier.wpd
CHARLES C. GARY VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JEFRE S. GOLDTRAP PAUL G. SUMMERS 207 Third Ave. N. Attorney General & Reporter P.O. Box 190599 Nashville, TN 37219-0599 KIM R. HELPER Asst. Attorney General 425 Fifth Ave., N. Nashville, TN 37243 VICTOR S. JOHNSON III District Attorney General ROGER MOORE GRADY MOORE Asst. District Attorneys General Washington Sq., Suite 500 222 Second Ave., N. Nashville, TN 37201-1649 Judge: PEAY First Paragraph: The petitioner was convicted in 1972 of accessory before and after the fact of armed robbery, and sentenced to ten years incarceration. After serving approximately two years of his sentence, petitioner escaped. He was subsequently convicted of state and federal charges in Missouri. He was released from custody on these subsequent convictions in 1988; he was not arrested on the escape charge until 1997. http://www.tba.org/tba_files/TCCA/GARYCC.wpd
STATE OF TENNESSEE VS. JERMURIEL CAMACHO GILLISPIE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GEORGE MORTON GOOGE PAUL G. SUMMERS District Public Defender Attorney General & Reporter VANESSA D. KING PETER M. COUGHLAN Asst. Dist Public Defender Asst. Attorney General 227 West Baltimore St. Cordell Hull Bldg., 2nd Fl. Jackson, TN 38301 425 Fifth Ave., North Nashville, TN 37243-0493 C. MICHAEL ROBBINS 46 North Third St., Ste 719 JERRY WOODALL Memphis, TN 38103 District Attorney General (On Appeal) DON ALLEN DANIEL J. TAYLOR Asst. District Attorney General Asst. Dist Public Defender P.O. Box 2825 (At Trial) Jackson, TN 38302 Judge: PEAY First Paragraph: The defendant was convicted by a jury of second-degree murder, first- degree felony murder, and especially aggravated robbery. The defendant received an effective sentence of life imprisonment. The trial court overruled the defendant's subsequent motion for a new trial. The defendant now appeals and contends that his convictions for both second-degree murder and first-degree felony murder violate the principles of double jeopardy and that the evidence is insufficient to support his conviction for especially aggravated robbery. http://www.tba.org/tba_files/TCCA/GILISPIE.wpd
STATE OF TENNESSEE VS. LEON GOINS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: C. MICHAEL ROBBINS PAUL G. SUMMERS 46 North Third Street, Ste 719 Attorney General & Reporter Memphis, TN 38103 (On Appeal) J. ROSS DYER Assistant Attorney General JIM W. HORNER 2nd Floor, Cordell Hull Building District Public Defender 425 Fifth Avenue North Nashville, TN 37243 H. TOD TAYLOR Assistant Public Defender C. PHILLIP BIVENS P.O. Box 742 District Attorney General Dyersburg, TN 38025-0742 GREG ALFORD Assistant District Attorney General 115 East Market Street P.O. Drawer E Dyersburg, TN 38025 Judge: WOODALL First Paragraph: On April 13, 1998, the Dyer County Grand Jury indicted Defendant Leon Goins for burglary and theft of property worth between $1,000.00 and $10,000.00. Following a jury trial on September 23, 1998, Defendant was convicted of burglary and theft of property worth between $500.00 and $1,000.00. Following a sentencing hearing on October 30, 1998, the trial court sentenced Defendant as a Range II multiple offender to concurrent terms of seven years for burglary and three years for theft. http://www.tba.org/tba_files/TCCA/goinsl.wpd
JAMES M. GROSCH VS. STATE OF TENNESSEE Court:TCCA Judge: SMITH 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. The petitioner opposes the motion. Having reviewed the state's motion, the petitioner's brief and response to the motion, and the record on appeal, the Court finds that the motion is well taken. http://www.tba.org/tba_files/TCCA/GROSCHJ.wpd
STATE OF TENNESSEE VS. COLLIER V. HARRIS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A. C. WHARTON JOHN KNOX WALKUP District Public Defender Attorney General & Reporter W. MARK WARD DEBORAH A. TULLIS Assistant Public Defender Assistant Attorney General 147 Jefferson, Suite 900 2nd Floor, Cordell Hull Building Memphis, TN 38103 425 Fifth Avenue North Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General EDGAR PETERSON Assistant District Attorney General LORRAINE CRAIG Assistant District Attorney General 201 Poplar Avenue, Ste. 301 Memphis, TN 38103 Judge: WOODALL First Paragraph: The Defendant, Collier V. Harris, was convicted in the Shelby County Criminal Court of first degree murder committed during the perpetration of theft, in violation of Tennessee Code Annotated section 39-13-202(a)(2). He received a sentence of life imprisonment. He raised ten (10) issues on appeal. In an opinion filed on December 3, 1997, this court affirmed the conviction. Defendant subsequently filed an application for permission to appeal to the Tennessee Supreme Court pursuant to Rule 11 of the Tennessee Rules of Appellate Procedure. http://www.tba.org/tba_files/TCCA/HARRISCV.wpd
STATE OF TENNESSEE VS. EDWARD P. HARRIS Court:TCCA Attorneys: For Appellant For Appellee Paul J. Bruno Paul G. Summers Washington Square Building Attorney General and Reporter 222 Second Avenue North 425 Fifth Avenue North Suite 350M Nashville, TN 37243-0493 Nashville, TN 37201-1652 Clinton J. Morgan Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Judge: OGLE First Paragraph: The appellant, Edward P. Harris, was convicted in the Davidson County Criminal Court of the sale of less than .5 grams of cocaine. The trial court imposed a sentence of six years incarceration in the Tennessee Department of Correction. On appeal, the appellant contends that the trial court erroneously failed to instruct the jury concerning the offense of casual exchange of a controlled substance. Following a thorough review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/harrisep.wpd
DARREL HAYES VS. STATE OF TENNESSEE 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 May 1987, the petitioner was indicted on five counts of aggravated rape and two counts of aggravated sexual battery. http://www.tba.org/tba_files/TCCA/HAYES_ORD.wpd
STATE OF TENNESSEE VS. MURRAY A. HERAUD Court:TCCA Attorneys: FOR THE APPELLANT: LARRY DROLSUM Asst. Public Defender 407-C Main Street Franklin, TN 37065-0068 Judge: WITT First Paragraph: The defendant, Murray A. Heraud, appeals from his sentences imposed for his Williamson County Circuit Court convictions. The defendant pleaded guilty to fourteen counts of auto burglary, a Class E felony, and three counts of theft of property valued over $1,000, a Class D felony. After a sentencing hearing, the defendant was sentenced to an effective term of six years in the Department of Correction as a Range I, standard offender. http://www.tba.org/tba_files/TCCA/HeraudMA.wpd
STATE OF TENNESSEE VS. EMMA JEAN DUNLAP HILLIARD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: SAM WALLACE, SR. PAUL G. SUMMERS 227 Second Avenue, North Attorney General & Reporter Nashville, TN 37201 PATRICIA C. KUSSMANN Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 ROBERT RADFORD District Attorney General BETH C. BOSWELL Assistant District Attorney General 111 Church Street P.O. Box 686 Huntingdon, TN 38344 Judge: WOODALL First Paragraph: Defendant Emma Jean Dunlap Hilliard appeals as of right from her conviction by a Henry County jury of sale of a schedule II controlled substance. Defendant received a sentence of 9 (nine) years and a fine of $100,000. http://www.tba.org/tba_files/TCCA/hilliardejd.wpd
THEODORE HOWARD VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CRAIG B. FLOOD, II PAUL. G. SUMMERS 100 North Main, Suite 2400 Attorney General and Reporter Memphis, TN 38103 MICHAEL E. MOORE Solicitor General R. STEPHEN JOBE Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM GIBBONS District Attorney General RHEA CLIFT Assistant District Attorney General Criminal Justice Complex, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge: WELLES First Paragraph: The Defendant, Theodore Howard, appeals the trial court's denial of his post-conviction petition after an evidentiary hearing. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/howardtf.wpd
LESLIE MAURO HUDSON VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: TOM W. CRIDER PAUL G. SUMMERS District Public Defender Attorney General & Reporter JOYCE DIANE STOOTS PATRICIA C. KUSSMANN Assistant Public Defender Assistant Attorney General 107 South Court Square 425 Fifth Avenue North Trenton, TN 38382 Nashville, TN 37243-0493 CLAYBURN L. PEEPLES District Attorney General 109 East First Street Trenton, TN 38382 Judge: SMITH First Paragraph: The petitioner, Leslie Mauro Hudson, appeals the Haywood County Circuit Court's order denying his petition for post-conviction relief. He is presently serving a life sentence as a result of his conviction for the 1987 first degree murder of Michael Ray Chaney. In 1992, the petitioner filed a pro se petition for post-conviction relief alleging numerous constitutional violations. Subsequently, counsel was appointed, and the petitioner filed an amended petition claiming ineffective assistance of counsel. After an evidentiary hearing, the trial court denied post-conviction relief. After a thorough review of the record before this Court, we affirm the trial court's judgment. http://www.tba.org/tba_files/TCCA/hudsonles.wpd
STATE OF TENNESSEE VS. DAVID SCOTT HUMPHRIES Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: J. THOMAS CALDWELL PAUL G. SUMMERS 114 Jefferson Street Attorney General and Reporter Ripley, TN 38063 J. ROSS DYER Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 ELIZABETH RICE District Attorney General MARK DAVIDSON Assistant District Attorney General 302 Market Street Somerville, TN 38068 Judge: WELLES First Paragraph: The Defendant, David Scott Humphries, pleaded guilty to one count of possession of cocaine with intent to deliver, one count of possession of marijuana with intent to deliver, and one count of possession of drug paraphernalia. Pursuant to Rule 37(b)(2) of the Tennessee Rules of Criminal Procedure, he reserved a certified question of law that is dispositive of the case. The certified question originates from the trial court's denial of a motion to suppress evidence obtained from a search of the Defendant's pickup truck. We affirm the ruling of the trial court. http://www.tba.org/tba_files/TCCA/humphrds.wpd
AARON T. JAMES VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: LINDA KENDALL GARNER 50 North Front Street, Suite 780 Memphis, TN 38103-1104 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter GEORGIA BLYTHE FELNER Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General RHEA CLIFT SPEAKE Assistant District Attorney General 201 Poplar Ave. Suite 301 Memphis, TN 38103-1947 Judge: RILEY First Paragraph: Appellant, AARON T. JAMES, appeals the denial of his petition for post- conviction relief. On December 15, 1994, appellant pled guilty, pursuant to a plea agreement, to the Class A felonies of especially aggravated robbery, especially aggravated kidnapping and second degree murder. Appellant received Range I sentences of twenty-five years for especially aggravated robbery and especially aggravated kidnapping. He received a Range III persistent offender sentence of fifty years for second degree murder. The sentences were ordered to run concurrently. http://www.tba.org/tba_files/TCCA/JAMESA.wpd
CHARLES JOINER VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT FOR THE APPELLEE: WILLIAM C. GOSNELL PAUL G. SUMMERS 217 Exchange Avenue Attorney General & Reporter Memphis, TN 38105 PETER M. COUGHLAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 WILLIAM L. GIBBONS District Attorney General DAVID SHAPIRO Assistant District Attorney 201 Poplar Avenue, Third Floor Memphis, TN 38103 Judge: SMITH First Paragraph: The petitioner, Charles Joiner, appeals the Shelby County Criminal Court's order denying his petition for post-conviction relief. He was convicted in 1992 of one (1) count of aggravated assault and sentenced to five (5) years in prison. In 1993, the petitioner filed this post-conviction petition alleging ineffective assistance of counsel. After counsel was appointed, a hearing was held on the petition, and the trial court denied relief. On appeal, the petitioner claims that the trial court erred in finding that he received effective assistance of counsel at trial. After a thorough review of the record before this Court, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/JOINERCH.wpd
ANTONIO KENDRICK VS. STATE OF TENNESSEE WITH DISSENTING OPINION Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT B. GAIA PAUL G. SUMMERS Suite 3201-100 N. Main Bldg Attorney General and Reporter Memphis, TN 38103 J. ROSS DYER Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 WILLIAM GIBBONS District Attorney General PERRY S. HAYES Assistant District Attorney General Criminal Justice Complex, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge: WELLES First Paragraph: The Defendant, Antonio Kendrick, was convicted of rape by a Shelby County Criminal Court jury. The trial court sentenced him as a Range I standard offender to ten years incarceration. On November 5, 1997, this Court affirmed the Defendant's conviction on direct appeal, and the Tennessee Supreme Court denied permission to appeal on July 13, 1998. http://www.tba.org/tba_files/TCCA/KENDRICk_opn.wpd WITH DISSENTING OPINION http://www.tba.org/tba_files/TCCA/KENDRICK_Dis.wpd
STATE OF TENNESSEE VS. CHARLES E. KILPATRICK, JR. Court:TCCA Attorneys: FOR THE APPELLEE: FOR THE APPELLANT: PAUL G. SUMMERS RANDALL A. YORK Attorney General & Reporter P. O. Box 3549 Crossville, Tennessee 38557 MARK E. DAVIDSON Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, Tennessee 37243-0493 Judge: LAFFERTY First Paragraph: The appellant, Charles E. Kilpatrick, referred hereinafter as "the defendant," appeals as of right from the judgment of the Overton County Circuit Court from a jury conviction for four (4) separate counts of the unlawful possession of controlled substances for resale or delivery. http://www.tba.org/tba_files/TCCA/KILPATRI.wpd
STATE OF TENNESSEE VS. BARRY KESSLER KIRK 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. In August 1998, the appellant was convicted by a jury of flagrant nonsupport and received a one year sentence. The record reflects that the appellant was placed on probation. The appellant timely filed notice of appeal. The appellate record was filed with this Court on February 1, 1999, and the appellant filed brief on May 27, 1999. Subsequently, on July 26, 1999, the state filed the present motion. The appellant did not file a response. http://www.tba.org/tba_files/TCCA/KIRK_ORD.wpd
STATE OF TENNESSEE VS. BRYANT K. LEWIS Court:TCCA Attorneys: For Appellant For Appellee Patricia A. Woods Paul G. Summers 371 Carroll Avenue Attorney General and Reporter Memphis, TN 38105 425 Fifth Avenue North Nashville, TN 37243-0493 Seymour S. Rosenberg 371 Carroll Avenue Patricia C. Kussmann Memphis, TN 38105 Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Judge: OGLE First Paragraph: The appellant, Bryant K. Lewis, appeals his conviction by a jury in the Shelby County Criminal Court on January 6, 1998, of aggravated robbery. The trial court imposed a sentence of twelve years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the sufficiency of the evidence supporting the jury's verdict. http://www.tba.org/tba_files/TCCA/lewisbk.wpd
STATE OF TENNESSEE VS. TERRY LUCAS Court:TCCA Attorneys: For Appellant For Appellee Patricia A. Woods Paul G. Summers 371 Carroll Avenue Attorney General and Reporter Memphis, TN 38105 425 Fifth Avenue North Nashville, TN 37243-0493 Seymour S. Rosenberg 371 Carroll Avenue Patricia C. Kussmann Memphis, TN 38105 Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Judge: WOODALL First Paragraph: Defendant Terry Lucas was indicted by the Robertson County Grand Jury for theft of property worth $10,000.00 or more. Following a jury trial, Defendant was convicted of theft of property worth $10,000.00 or more. The trial court subsequently sentenced Defendant as a Range III persistent offender to a term of ten and one half years in the Tennessee Department of Correction. http://www.tba.org/tba_files/TCCA/lucast.wpd
STATE OF TENNESSEE VS. MARCUS MABON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RANDALL B. TOLLEY PAUL G. SUMMERS 242 Poplar Avenue Attorney General & Reporter Memphis, TN 38103 PATRICIA C. KUSSMANN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General JOHN W. CAMPBELL Assistant District Attorney General 201 Poplar Avenue, Suite 301 Memphis, TN 38103-1947 Judge: GLENN First Paragraph: The defendant, Marcus Mabon, entered a guilty plea in the Shelby County Criminal Court on July 2, 1992, to the offense of second degree murder. Pursuant to the negotiated plea agreement, he was sentenced to fifty years in the Department of Correction as a Range III, persistent offender. http://www.tba.org/tba_files/TCCA/mabonm.wpd
STATE OF TENNESSEE VS. VINTON T. MACLIN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM D. MASSEY PAUL G. SUMMERS 3074 East Street Attorney General & Reporter Memphis, TN 38128 PATRICIA C. KUSSMANN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General PAULA WULFF Assistant District Attorney General 201 Poplar Avenue, Suite 301 Memphis, TN 38103-1947 Judge: GLENN First Paragraph: The defendant, Vinton T. Maclin, entered pleas of guilty in the Shelby County Criminal Court to the misdemeanor charge of unlawful possession of a weapon, two felony charges of unlawful possession of a controlled substance with intent to sell (occurring on different dates), and unlawful possession of a handgun while in a public place. Pursuant to a negotiated plea agreement, the sentences in these cases were to be served concurrently with each other for an effective sentence of two years and total fines of $4,100. http://www.tba.org/tba_files/TCCA/Maclinvt.wpd
STATE OF TENNESSEE VS. ROBERT L. MALLARD Court:TCCA Attorneys: For Appellant: For Appellee: Brion J. Payne Paul G. Summers Assistant Public Defender Attorney General & Reporter 201 West Main Street, Suite 101 Murfreesboro, TN 37130 Marvin E. Clements Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243 Paul A. Holcombe, III Assistant District Attorney 303 Rutherford County Judicial Bldg Murfreesboro, TN 37130 Judge: WADE First Paragraph: The defendant, Robert Lee Mallard, was convicted of possession of drug paraphernalia, a Class A misdemeanor. Tenn. Code Ann. S 39-17-425. The trial court imposed a jail sentence of eleven months and twenty-nine days with a seventy-five percent minimum service requirement. Fines totaled $750.00. http://www.tba.org/tba_files/TCCA/mallardrl.wpd
STATE OF TENNESSEE VS. CHYSEA MYRANDA MARNEY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CLIFFORD K. McGOWN, JR. PAUL G. SUMMERS 113 North Court Square Attorney General & Reporter P.O. Box 26 Waverly, TN 37185 R. STEPHEN JOBE (On Appeal) Assistant Attorney General 2nd Floor, Cordell Hull Building JOSEPH P. ATNIP 425 Fifth Avenue North District Public Defender Nashville, TN 37243 COLIN JOHNSON THOMAS A. THOMAS Assistant Public Defender District Attorney General 111 East Main P.O. Box 734 JAMES T. CANNON Dresden, TN 38225 Assistant District Attorney General (At Trial) 414 South Fourth P.O. Box 218 Union City, TN 38281 Judge: WOODALL First Paragraph: On June 2, 1998, the Obion County Grand Jury indicted Defendant Chysea Myranda Marney and codefendant Letha Parchman for aggravated robbery. Defendant's case was subsequently severed from that of Parchman when Parchman failed to appear for trial. Following a jury trial on October 19, 1998, Defendant was convicted of robbery. http://www.tba.org/tba_files/TCCA/marnycm.wpd
STATE OF TENNESSEE VS. DAVID McCRANEY Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DAVID F. KUSTOFF PAUL G. SUMMERS KUSTOFF & STRICKLAND, PLLC Attorney General & Reporter JAMES S. STRICKLAND, JR. PETER M. COUGHLAN KUSTOFF & STRICKLAND, PLLC Assistant Attorney General 44 North Second St, Ste 502 2nd Floor, Cordell Hull Building Memphis, TN 38103 425 Fifth Avenue North Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General JOHNNY McFARLAND Asst District Attorney General Criminal Justice Center, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge: WOODALL First Paragraph: David McCraney pled guilty to one count of vehicular assault and one count of leaving the scene of an accident. He was sentenced by the trial court to two (2) years and to six (6) months, respectively, with the sentences to run concurrently. McCraney now appeals as of right, and challenges only the trial court's determination that probation was not appropriate. We affirm and remand for correction of a clerical error. http://www.tba.org/tba_files/TCCA/mccranyd.wpd
STATE OF TENNESSEE VS. RICHARD MCKEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: A C WHARTON PAUL G. SUMMERS District Public Defender Attorney General & Reporter TONY N. BRAYTON PATRICIA C. KUSSMANN Asst. Public Defender Asst. Attorney General 201 Poplar Ave., Suite 2-01 Cordell Hull Bldg., 2nd Fl. Memphis, TN 38103 425 Fifth Ave., North (On Appeal) Nashville, TN 37243-0493 RON JOHNSON WILLIAM L. GIBBONS Asst. Public Defender District Attorney General 201 Poplar Ave., 2nd Fl. Memphis, TN 38103 PAUL GOODMAN (At Trial) Asst. District Attorney General 201 Poplar Ave., 3rd Fl. Memphis, TN 38103 Judge: PEAY First Paragraph: The defendant was convicted by a jury of second-degree murder and subsequently sentenced by the trial court as a Range II Multiple Offender to a term of forty years. The defendant's motion for judgment of acquittal and/or new trial was overruled. http://www.tba.org/tba_files/TCCA/MCKEER.wpd
STATE OF TENNESSEE VS. ALFRED LEE MIDDLETON Court:TCCA Attorneys: FOR THE DEFENDANT: FOR THE APPELLEE: MARVIN E. BALLIN JOHN KNOX WALKUP MARK A. MESSLER Attorney General & Reporter Ballin, Ballin & Fishman, P.C. 200 Jefferson Ave, Ste 1250 MARVIN E. CLEMENTS, JR. Memphis, TN 38103 DEBORAH A. TULLIS Assistant Attorneys General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243 WILLIAM L. GIBBONS District Attorney General JENNIFER S. NICHOLS Assistant District Attorney General Criminal Justice Complex, Suite 301 201 Poplar Street Memphis, TN 38103 Judge: WILLIAMS First Paragraph: On November 29, 1994, the Shelby County Grand Jury indicted the defendant, Alfred Lee Middleton, for rape of a child and for rape. After a jury trial on November 14-17, 1995, the defendant was convicted of aggravated sexual battery and sexual battery. The defendant was sentenced to twelve years for the aggravated sexual battery conviction and to two years for the sexual battery conviction, with the sentences to be served concurrently. http://www.tba.org/tba_files/TCCA/MIDLTNAL.wpd
ARCHIE V. MONTAGUE 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. The petitioner was convicted of first degree murder and was sentenced to life imprisonment. This Court affirmed the conviction and sentence on appeal. State v. Montague, No. 02C01-9502-CC-00044 (Tenn. Crim. App. July 26, 1996). http://www.tba.org/tba_files/TCCA/MONTAGUE_ORD.wpd
TOM MOORE, III VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOANNE M. JENKINS PAUL G. SUMMERS THE WAGERMAN LAW FIRM Attorney General & Reporter 200 Jefferson Ave, Ste 1313 Memphis, TN 38103 J. ROSS DYER Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General PAUL GOODMAN Assistant District Attorney General Criminal Justice Center, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge: WOODALL First Paragraph: On March 1, 1991, the Shelby County Grand Jury indicted Petitioner Tom Moore, III, for two counts of aggravated rape and one count of rape. Following a jury trial on October 14-18, 1991, Petitioner was convicted of two counts of aggravated rape. On November 21, 1991, the trial court imposed two consecutive sentences of twenty-five years. Petitioner challenged his convictions and his sentences on direct appeal, and this Court affirmed the judgment of the trial court in State v. Tom Moore, III, No. 02C01-9204-CR-00073, 1993 WL 512695 (Tenn. Crim. App., Aug. 18, 1993). http://www.tba.org/tba_files/TCCA/mooret.wpd
STATE OF TENNESSEE VS. ROY LAVERNE MORRIS, JR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROY L. MORRIS, pro se PAUL G. SUMMERS NWCX, Site 2, Annex Attorney General & Reporter Route 1, Box 660 Tiptonville, TN 38079 J. ROSS DYER Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 C. PHILLIP BIVENS District Attorney General 115 East Market Street P. O. Box E Dyersburg, TN 38025-2005 Judge: GLENN First Paragraph: The petitioner, Roy Laverne Morris, Jr., was convicted in 1989, in the Fayette County Circuit Court of aggravated rape and sentenced to fifty years as a Range II offender. Following a direct appeal, the conviction and sentence were affirmed. Subsequently, he filed a petition for post-conviction relief, alleging ineffective assistance of counsel. That petition was dismissed by the trial court, the dismissal later being affirmed on appeal. http://www.tba.org/tba_files/TCCA/Morrisrl.wpd
STATE OF TENNESSEE VS. JAMES MORROW Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: R. PRICE HARRIS PAUL G. SUMMERS 100 North Main, Suite 926 Attorney General & Reporter Memphis, TN 38103 PATRICIA C. KUSSMANN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General EDWARD PETERSON Assistant District Attorney 201 Poplar Avenue Memphis, TN 38103 Judge: SMITH First Paragraph: On July 6, 1998, following a bench trial, in the Shelby County Criminal Court, James Morrow was convicted of two (2) counts of first degree murder. This appeal raises the following issues: (1)Whether the evidence was legally sufficient to convict the defendant; (2)Whether the trial court erred in denying defense counsel's motion to withdraw from the case; (3)Whether the trial court should have suppressed the defendant's confession; and (4)Whether the court erred in allowing the state to call lay witnesses to rebut expert testimony without giving prior notice to the defense. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/morrowjam.wpd
STATE OF TENNESSEE VS. DAVID P. NEAL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: V. MICHAEL FOX PAUL G. SUMMERS Bruce, Weathers, Corley, Dughman Attorney General & Reporter & Lyle 315 Deaderick Street GENERAL DOUG HALL First American Center, 20th Floor Assistant District Attorney Nashville, Tennessee 37238-2075 GEORGIA BLYTHE FELNER Counsel for the State Criminal Justice Division 425 Fifth Avenue North Nashville, Tennessee 37243-0493 Judge: LAFFERTY First Paragraph: The appellant, David Neal, referred hereinafter as the "defendant," appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. As a result of a Wilson County jury finding the defendant guilty of voluntary manslaughter, the trial court imposed a sentence of four and one-half (4_) years in the Department of Correction, denying the defendant's application for full probation. http://www.tba.org/tba_files/TCCA/NEAL.wpd
JOY NELSON VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOY NELSON, pro se PAUL G. SUMMERS TDOC No. 247472 Attorney General & Reporter Mark H. Luttrell Reception Center 6000 State Road J. ROSS DYER Memphis, TN 38134-7628 Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 CLAYBURN L. PEEPLES District Attorney General EDWARD L. HARDISTER Assit District Attorney General 110 South College St, Ste 200 Trenton, TN 38382-1841 Judge: GLENN First Paragraph: The petitioner, Joy Nelson, appeals the Gibson County Circuit Court's denial of her petition for post-conviction relief without an evidentiary hearing. After a review of the record, we find that the petition is time-barred and affirm the dismissal of the trial court. http://www.tba.org/tba_files/TCCA/nelsonj.wpd
STATE OF TENNESSEE VS. OSCAR POLK, JR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GARY F. ANTRICAN PAUL G. SUMMERS District Public Defender Attorney General & Reporter RICKEY GRIGGS CLINTON J. MORGAN -and- Asst. Attorney General SHANA MCCOY-JOHNSON Cordell Hull Bldg., 2nd Fl. Asst. District Public Defenders 425 Fifth Ave., North P.O. Box 700 Nashville, TN 37243-0493 Somerville, TN 38068 ELIZABETH RICE C. MICHAEL ROBBINS District Attorney General 46 North Third St., Suite 719 Memphis, TN 38103 WALT FREELAND (On Appeal) Asst. District Attorney General 302 Market St. Somerville, TN 38068-1600 Judge: PEAY First Paragraph: The defendant was convicted by a jury of two counts of first-degree murder and two counts of aggravated assault. The defendant was sentenced to a term of life imprisonment for each first-degree murder conviction and a term of four years for each aggravated assault conviction. The defendant's subsequent motion for a new trial and/or judgment of acquittal was denied by the trial court. The defendant now appeals and contends that the evidence is insufficient to sustain his first-degree murder convictions. 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/POLKO.wpd
STATE OF TENNESSEE VS. GARY PRUDE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT A. WAMPLER JOHN KNOX WALKUP P.O. Box 3410 Attorney General and Reporter Memphis, TN 38173-0410 PETER M. COUGHLAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General DAN BYER Assistant District Attorney General Criminal Justice Complex, Suite 301 Memphis, TN 38103 Judge: WELLES First Paragraph: The Tennessee Supreme Court has remanded this case to give us the opportunity to review and reconsider our previous opinion in light of the Supreme Court's opinion in State v. Lemacks, 996 S.W.2d 166 (Tenn. 1999). http://www.tba.org/tba_files/TCCA/prudeg.wpd
STATE OF TENNESSEE VS. TIMOTHY M. REYNOLDS Court:TCCA Attorneys: For Appellant: For Appellee: Gregory D. Smith Paul G. Summers Contract Appellate Defender Attorney General & Reporter One Public Square, Ste. 321 Clarksville, TN 37040 Todd R. Kelley (on appeal) Assistant Attorney General 425 Fifth Avenue North Robert Stovall, Jr. 2d Floor, Cordell Hull Building Assistant Public Defender Nashville, TN 37243-0493 Appellate Co-Counsel Richard Dunavant Shara A. Flacy District Attorney General District Public Defender P.O. Box 304 128 North Second Avenue Pulaski, TN 38478 P.O. Box 1208 Pulaski, TN 38478 (at trial) Judge: WADE First Paragraph: The defendant, Timothy M. Reynolds, was convicted of aggravated robbery. The trial court imposed a Range I sentence of twelve years. http://www.tba.org/tba_files/TCCA/Reynoldstm.wpd
WILLIAM RAY RHODES VS. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: Lionel R. Barrett, Jr. Paul G. Summers Attorney at Law Attorney General and Reporter 207 Third Ave, North Third Fl. Post Office Box 190599 Peter M. Coughlan Nashville, TN 37219-0599 Assistant Attorney General Criminal Justice Division and 425 Fifth Avenue North 2d Floor, Cordell Hull Building Peter D. Heil Nashville, TN 37243-0493 Attorney at Law 810 Broadway, Suite 203 Nashville, TN 37203 G. Robert Radford District Attorney General Steve Garrett Asst. District Attorney General 24th Judicial District Post Office Box 686 Huntingdon, TN 38344 Judge: HAYES First Paragraph: The appellant, William Ray Rhodes, appeals the dismissal of his petition for post-conviction relief by the Circuit Court of Henry County. The appellant was convicted by a jury of second degree murder and received a sentence of twenty-five years. His conviction was affirmed on direct appeal to this court. See State v. William Ray Rhodes, No. 02C01-9406-CC-00124 (Tenn. Crim. App. at Jackson, July 19, 1995). In this appeal of right, the single issue presented for our review is whether the appellant was denied the effective assistance of counsel at trial. After review, we affirm. http://www.tba.org/tba_files/TCCA/RHODESWR.wpd
STATE OF TENNESSEE VS. JIMMY ROBINSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: C. MICHAEL ROBBINS PAUL G. SUMMERS 46 North Third St, Ste 719 Attorney General and Reporter Memphis, TN 38103 J. ROSS DYER GARY F. ANTRICAN Assistant Attorney General District Public Defender 425 Fifth Avenue North Nashville, TN 37243 JULIE K. PILLOW Assistant Public Defender ELIZABETH T. RICE 4705 Mueller Brass Road District Attorney General Covington, TN 38019 302 Market Street Somerville, TN 38068 Judge: WELLES First Paragraph: The Defendant was convicted on a jury verdict of possession with intent to deliver .5 or more grams of cocaine, a Class B felony. In this appeal, he argues primarily that the evidence introduced against him is insufficient to support his conviction. We disagree and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/robinsj.wpd
STATE OF TENNESSEE VS. ROBERT LAWRENCE SIMPKINS, JR. Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CLIFFORD K. McGOWN (on appeal) PAUL G. SUMMERS Attorney at Law Attorney General & Reporter P.O. Box 26 Waverly, TN 37185 RUSSELL S. BALDWIN Asst. Attorney General SHIPP WEEMS (at trial) 425 Fifth Ave. North District Public Defender 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 ROBERT STOVALL (at trial) Asst. District Public Defender DAN MITCHUM ALSOBROOKS P.O. Box 160 District Attorney General Charlotte, TN 37036 GEORGE C. SEXTON Asst. District Attorney General P.O. Box 580 Charlotte, TN 37036 Judge: WITT First Paragraph: The defendant, Robert Lawrence Simpkins, Jr., appeals from his conviction of facilitation of second degree murder. The defendant received his conviction at the conclusion of a jury trial in the Humphreys County Circuit Court, at which he stood trial for the charged offenses of first degree felony murder and first degree premeditated and deliberate murder for the January 21, 1994 homicide of seventeen year-old David Shu Hwa Chung. http://www.tba.org/tba_files/TCCA/simpkinsrl.wpd
JOHNNY ALTON SMITH VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: J. Colin Morris Paul G. Summers 204 W. Baltimore Attorney General and Reporter Jackson, TN 38301 425 Fifth Avenue North Nashville, TN 37243-0493 R. Stephen Jobe Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243-0493 Judge: OGLE First Paragraph: The petitioner, Johnny Alton Smith, appeals the dismissal of his petition for post-conviction relief by the Madison County Circuit Court on March 4, 1999. According to the petitioner, he pled guilty on January 7, 1987, in the Madison County Circuit Court to attempted sale of a controlled substance. http://www.tba.org/tba_files/TCCA/smithjaopn.wpd
STATE OF TENNESSEE VS. THOMAS MITCHELL Court:TCCA Attorneys: For Appellant: For Appellee: Marty McAfee Paul G. Summers Asst. Shelby County PD Attorney General and Reporter 201 Poplar Ave., Suite 2-01 450 James Robertson Parkway Memphis, TN 38103 Nashville, TN 37243-0493 A.C. Wharton Patricia C. Kussman Public Defender Assistant Attorney General 201 Poplar Ave. 425 Fifth Avenue North Memphis, TN 38103 2d Floor, Cordell Hull Bldg. Nashville, TN 37243-0493 Thomas Hoover 201 Poplar Ave., 3d Floor Memphis, TN 38103 Judge: OGLE First Paragraph: On May 7, 1998, the appellant, Thomas Mitchell, was convicted by a jury in the Shelby County Criminal Court of burglary of a building, a class D felony. On July 6, 1998, the trial court sentenced the appellant as a Range II multiple offender to an effective sentence of eight years incarceration in the Tennessee Department of Correction. http://www.tba.org/tba_files/TCCA/ThomasM.wpd
STATE OF TENNESSEE VS. DEBRA L. TROTTER WITH DISSENTING OPINION Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RONALD T. RIGGS PAUL G. SUMMERS Suite 3201-100 N. Main Bldg. Attorney General & Reporter Memphis, TN 38103 J. ROSS DYER Assistant Attorney General 2nd Floor, Cordell Hull Building 425 Fifth Avenue North Nashville, TN 37243 JOHN W. PIEROTTI District Attorney General BETSY CARNESALE Assistant District Attorney General JANET SHIPMAN Assistant District Attorney General Criminal Justice Center, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge: WOODALL First Paragraph: On June 9, 1998, the Shelby County Grand Jury indicted Defendant Debra L. Trotter for theft of property worth $60,000.00 or more. On October 15, 1998, Defendant pled guilty to theft of property worth $60,000.00 or more. Under the negotiated plea agreement, Defendant agreed to an eight year sentence and she reserved the right to have the trial court determine the manner in which the sentence would be served. Following a sentencing hearing on October 15, 1998, the trial court sentenced Defendant as a Range I standard offender to a term of eight years in the Tennessee Department of Correction. That same day, Defendant asked for and received a delay of execution of sentence. http://www.tba.org/tba_files/TCCA/TrotterDL_opn.wpd DISSENTING OPINION: http://www.tba.org/tba_files/TCCA/TrotterDL_dis.wpd
STATE OF TENNESSEE VS. PEDRO DAVID VALLEJO Court:TCCA Attorneys: FOR THE APPELLANT: D. D. MADDOX 19695 East Main Street P. O. Box 827 Huntingdon, TN 38344-0827 FOR THE APPELLEE: MICHAEL E. MOORE Solicitor General R. STEPHEN JOBE Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 ROBERT "GUS" RADFORD District Attorney General STEVEN L. GARRETT Assistant District Attorney General P. O. Box 94 Paris, TN 38242 Judge: RILEY First Paragraph: Defendant, Pedro David Vallejo, was convicted by a Henry County jury of first degree murder and received a sentence of life imprisonment. In this appeal as of right, he presents the following issues for our review: 1. Whether the trial court erred in denying his request for appointment of a psychiatric expert relating to his claim of diminished capacity; and 2. Whether the trial court erred in refusing his request for a special jury instruction relating to the culpable mental state for first degree murder. After a thorough examination of the record, we find no merit to either issue and AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/VALEJOPD.wpd
STATE OF TENNESSEE VS. DAVID ALLEN VAUGHN Court:TCCA Attorneys: For the Appellant: For the Appellee: W. Mark Ward Paul G. Summers Asst. Public Defender Attorney General and Reporter Suite 2-01, 201 Poplar Ave. Memphis, TN 38103 J. Ross Dyer Assistant Attorney General A C Wharton Criminal Justice Division District Public Defender 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 William L. Gibbons District Attorney General Ms. Phyllis Gardner Ms. Karen Cook Asst. District Attorney General Shelby County DA General's Office 201 Poplar Avenue - Third Floor Memphis, TN 38103 Judge: HAYES First Paragraph: The appellant, David Allen Vaughn, appeals his conviction by a Shelby County jury for the offense of attempted second degree murder. In this appeal as of right, the appellant raises the following issues for review: I. Whether attempted second degree murder exists as a criminal offense in this state; II. Whether the trial court erred in refusing to instruct the jury that the offense of attempted second degree murder requires the specific intent to kill; and III. Whether the trial court's instructions to the jury as to the elements of the offense of attempted second degree murder constitute error. After review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/VAUGHNDA.wpd
STATE OF TENNESSEE VS. WILLIAM CURTIS WAGNER WITH CONCURRING OPINION Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: LLOYD R. TATUM PAUL G. SUMMERS 124 E. Main Street Attorney General and Reporter P.O. Box 293 Henderson, TN 38340 PATRICIA C. KUSSMANN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 JERRY WOODALL District Attorney General SHAUN A. BROWN Assistant District Attorney General Lowell Thomas State Office Building Jackson, TN 38301 Judge: WELLES First Paragraph: On February 26, 1996, the Madison County Grand Jury indicted the Defendant, William Curtis Wagner, on eight counts of aggravated assault, three counts of vandalism, three counts of leaving the scene of an accident, and one count each of driving while under the influence of a drug and/or intoxicant, reckless driving, reckless endangerment, evading arrest, and violation of the seat belt law. All charges arose from one extended incident. http://www.tba.org/tba_files/TCCA/WAGNERWC_opn.wpd CONCURRING OPINION: http://www.tba.org/tba_files/TCCA/WAGNERWC_con.wpd
STATE OF TENNESSEE VS. STEVEN ANDREW WHITE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: GUY WILKINSON PAUL G. SUMMERS District Public Defender Attorney General & Reporter W. JEFFERY FAGAN R. STEPHEN JOBE Asst. District Public Defender Asst. Attorney General 117 North Forrest Ave. Cordell Hull Bldg., 2nd Fl. Camden, TN 38320 425 Fifth Ave., North Nashville, TN 37243-0493 ROBERT RADFORD District Attorney General STEVE GARRETT Asst. District Attorney General P.O. Box 686 Huntingdon, TN 38344 Judge: PEAY First Paragraph: The defendant was found guilty by a jury of first-degree murder and sentenced to life imprisonment. The defendant's subsequent motion for a new trial was overruled by the trial court. The defendant now appeals and contends that the evidence is insufficient to support his conviction. 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/WHITES.wpd
MAURICE WILSON VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: W. CASEY REED PAUL G. SUMMERS 211 Printers Alley Bldg., Ste 400 Attorney General & Reporter Nashville, TN 37201 LUCIAN D. GEISE Asst. Attorney General 425 Fifth Ave., North Nashville, TN 37243 VICTOR S. JOHNSON, III District Attorney General ROGER MOORE Asst. District Attorney General Washington Square Bldg., Ste 500 222 Second Ave., North Nashville, TN 37201-1649 Judge: PEAY First Paragraph: The defendant was convicted of felony murder and armed robbery, which convictions and sentences were affirmed by this Court with permission to appeal denied by the Tennessee Supreme Court on January 5, 1987. http://www.tba.org/tba_files/TCCA/WILSONM.wpd

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