March 14, 2000
Volume 6 -- Number 039

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
06 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New 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

						
SUPREME COURT OF TENNESSEE
STATE LIST FOR PERMISSION TO APPEAL

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/CERTLIST_0313.wpd



STATE OF TENNESSEE VS. GREGORY DAVIDSON Court:TCCA Attorneys: For Appellant For Appellee Steve McEwen Paul G. Summers Grayson & Wright Attorney General and Reporter P.O. Box 51 425 Fifth Avenue North Mountain City, TN 37683 Nashville, TN 37243-0493 Stacey D. Nordquist Clinton J. Morgan Asst District Public Defender Assistant Attorney General 419 High Street 425 Fifth Avenue North Maryville, TN 37804 Nashville, TN 37243-0493 Edward P. Bailey, Jr. Assistant District Attorney General 942 East Lamar Alexander Parkway Maryville, TN 37804 Judge: OGLE First Paragraph: On January 20, 1999, the appellant, Gregory Davidson, pled guilty in the Blount County Circuit Court to possession of contraband in a penal institution, a class C felony. The appellant agreed to a sentence of four years as a Range I offender but submitted the manner of service of the sentence to the trial court for determination. Specifically, the appellant requested placement in a community corrections program. Following a sentencing hearing on July 20, 1999, the trial court denied the appellant any form of alternative sentence. On appeal, the appellant asserts that the trial court erred in denying a community corrections sentence. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/DAVIDS.wpd
STATE OF TENNESSEE VS. JEFFERY RAY JENNINGS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: WILLIAM LOUIS RICKER PAUL G. SUMMERS 250 West Depot Street Attorney General and Reporter Greeneville, TN 37743 ELIZABETH T. RYAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 C. BERKELEY BELL District Attorney General CECIL C. MILLS Assistant Attorney General 109 S. Main St. Greeneville, TN 37743 Judge: SMITH First Paragraph: A Greene County jury convicted the appellant, Jeffery Ray Jennings, of one (1) count of aggravated robbery. The trial court sentenced the appellant as a Range I, Standard Offender, to twelve (12) years incarceration. On appeal, the appellant raises the following issues for this Court's consideration: (1) whether the trial court erred in denying the appellant's motion to suppress a pretrial photographic lineup; (2) whether the evidence is sufficient to sustain his conviction for aggravated robbery; and (3) whether the trial court imposed an excessive sentence. After thoroughly reviewing the record before this Court, we conclude that there is no reversible error. Therefore, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/JENNINGSJEF.wpd
STATE OF TENNESSEE VS. PAUL RAYMOND OSBORN Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT D. LAWSON, JR. PAUL G. SUMMERS 1200 First Tennessee Bldg. Attorney General and Reporter 701 Market Street Chattanooga, TN 37402-4889 MARVIN S. BLAIR, JR. Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 BILL COX District Attorney General PARKE MASTERSON Assistant District Attorney City and County Courts Building Chattanooga, TN 37402 Judge: SMITH First Paragraph: Paul Raymond Osborn, the defendant and appellant, was convicted by a Hamilton County jury for driving under the influence of an intoxicant, third offense. Following the verdict, the jury imposed a fine of ten-thousand dollars. The trial court then held a sentencing hearing, after which the trial court sentenced the defendant to eleven (11) months and twenty-nine (29) days in jail, revoked his driving privileges for three (3) years, ordered his participation in an alcohol rehabilitation program, and approved the ten-thousand dollar fine imposed by the jury. http://www.tba.org/tba_files/TCCA/OSBORN~1.wpd
STATE OF TENNESSEE VS. HENRY DEQUAN RHODES Court:TCCA Attorneys: For the Appellant: For the Appellee: Gregory D. Smith Paul G. Summers Contract Appellate Defender Attorney General and Reporter One Public Sq., Ste 321 Clarksville, Tn 37040 Kim R. Hepler Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Tom P. Thompson, Jr. District Attorney General Robert Hibbett Asst. District Attorney General 119 College Street Lebanon, TN 37087 Judge: HAYES First Paragraph: The appellant, Henry Dequan Rhodes, was indicted by a Wilson County Grand Jury for first degree felony murder committed in the perpetration of aggravated child abuse. Following a jury trial, he was found guilty of the indicted offense and sentenced to life imprisonment. On appeal, he argues: I. The evidence is insufficient to sustain a verdict of felony murder; and II. The trial court erred in admitting certain photographs into evidence. After review, we find no error of law requiring reversal. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/RhodesHD.wpd
STATE OF TENNESSEE VS. DERRICK EUGENE STACKER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: CHARLES S. BLOODWORTH PAUL G. SUMMERS Assistant District Public Defender Attorney General & Reporter 625 Frosty Morn Drive Clarksville, Tennessee 37040 KIM R. HELPER Assistant Attorney General 425 Fifth Avenue North Nashville, Tennessee 37243-0493 Judge: LAFFERTY First Paragraph: The appellant, Derrick Eugene Stacker, referred to herein as "the defendant," appeals as of right from a jury conviction for reckless aggravated assault, a Class D felony. At the conclusion of a sentencing hearing, the Montgomery County Circuit Court imposed a sentence of four (4) years in the Department of Correction. http://www.tba.org/tba_files/TCCA/stackerde.wpd
STATE OF TENNESSEE VS. JEFFREY EUGENE WRIGHT, a.k.a. JEFFREY EUGENE ARNELL Court:TCCA Attorneys: For the Appellant: For the Appellee: Thomas H. Miller Paul G. Summers Attorney for Appellant Attorney General and Reporter P. O. Box 681662 Franklin, TN 37068-1662 David H. Findley Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Victor S. (Torry) Johnson III District Attorney General Lisa Naylor Asst. District Attorney General Washington Sq., Suite 500 222-2nd Ave. N. Nashville, TN 37201-1662 Judge: HAYES First Paragraph: The appellant, Jeffrey Eugene Wright, a.k.a., Jeffery Eugene Arnell, was indicted by a Davidson County Grand Jury for the offenses of attempted first degree murder, aggravated assault, and aggravated robbery. Following a jury trial, the appellant was found guilty of attempted voluntary manslaughter and aggravated assault. He was found not guilty of aggravated robbery. At the sentencing hearing, the trial court imposed concurrent sentences of four years for attempted voluntary manslaughter and six years for aggravated assault. The court denied any form of alternative sentencing. In this appeal as of right, the appellant contends (1) that the sentence imposed by the trial court is excessive and (2) that the court erred by imposing a sentence of total confinement. http://www.tba.org/tba_files/TCCA/WrightJE.wpd

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