February 16, 2000
Volume 6 -- Number 024

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.

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
00 New Opinion(s) from the Tennessee Court of Appeals
02 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
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

						
STATE OF TENNESSEE
VS.
EMIT KEITH CODY

WITH CONCURRING OPINION

Court:TCCA

Attorneys:  

FOR THE APPELLANT:          FOR THE APPELLEE:

SUSANNA THOMAS              PAUL G. SUMMERS
Assistant Public Defender   Attorney General and Reporter
102 Mims Avenue
Newport, TN 37821-3614      MARVIN S. BLAIR, JR.
                            Assistant Attorney General
                            425 Fifth Avenue North
                            Nashville, TN 37243

                            AL SCHMUTZER, JR.
                            District Attorney General

                            JAMES B. DUNN
                            Assistant District Attorney General
                            339 East Main Street
                            Newport, TN 37821                        

Judge: WELLES

First Paragraph:

The Defendant, Emit Keith Cody, was indicted for both premeditated
first degree murder and felony murder by a Cocke County Grand Jury and
was later found guilty by jury on both counts.  He was sentenced to
life on both counts, with the sentences to be served concurrently.  In
this appeal as of right, the Defendant raises the following three
issues: (1) whether the evidence was sufficient to support the
verdict; (2) whether the trial court erred in disallowing the claim of
marital privilege by Eugenia Buttry; and (3) whether the District
Attorney General failed to provide pretrial discovery information of
promises of immunity, preferential treatment, and leniency to a State
witness.  Because we find plain error when Eugenia Buttry's prior
inconsistent statement was improperly admitted as substantive
evidence, we must reverse the Defendant's convictions and remand for a
new trial.

http://www.tba.org/tba_files/TCCA/codyek_opn.wpd

CONCURRING OPINION:
http://www.tba.org/tba_files/TCCA/CodyEK_con.wpd





STATE OF TENNESSEE
VS.
TAMBORA N. SIMMONS

Court:TCCA

Attorneys: 

FOR THE APPELLANT:          FOR THE APPELLEE:

MARK E. STEPHENS            PAUL G. SUMMERS
District Public Defender    Attorney General and Reporter

JIM OWEN (at trial)         CLINTON J. MORGAN
Assistant Public Defender   Assistant Attorney General
1209 Euclid Avenue          425 Fifth Avenue North
Knoxville, TN 37921         Nashville, TN 37243
                            
PAULA VOSS (on appeal)      RANDALL E. NICHOLS
1209 Euclid Avenue          District Attorney General
Knoxville, TN 37921
                            LELAND PRICE
                            Asst District Attorney General
                            City-County Building
                            Knoxville, TN 37902                         

Judge: WELLES

First Paragraph:

The Defendant, Tambora N. Simmons, appeals as of right his conviction 
pursuant to a jury verdict of one count of delivery of a schedule III
controlled substance, codeine.  He argues that the trial court erred
in denying his motion to dismiss on speedy trial grounds and in
failing to instruct the jury on the lesser included offense of simple
possession.  We find no error and affirm the judgment of the trial
court.

http://www.tba.org/tba_files/TCCA/simmonstn.wpd

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