June 22, 2000
Volume 6 -- Number 097

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
10 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 v. FRANKLIN ROBERT BIGSBY

Court:TCCA

Attorneys:

Larry D. Brandon, Murfreesboro, Tennessee, for the appellant, Franklin
Robert Bigsby.

Paul G. Summers, Attorney General and Reporter; Todd R. Kelley,
Assistant Attorney General;  William C. Whitesell, Jr., District
Attorney General; and John W. Price, Assistant District Attorney
General, for the appellee, State of Tennessee.                          

Judge: RILEY

First Paragraph:

Defendant appeals his jury conviction for possession of crack cocaine
over 26 grams with intent to deliver, a Class B felony.  The sole
issue in this appeal as of right is the sufficiency of the convicting
evidence.  Upon careful consideration of the record, we hold the
evidence was sufficient to sustain the defendant's conviction.  Thus,
the judgment of the trial court is affirmed.

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


STATE OF TENNESSEE v. CHARLES A. DAILEY Court:TCCA Attorneys: Dwight E. Scott, Nashville, Tennessee, for the appellant, Charles A. Dailey. Paul G. Summers, Attorney General and Reporter, Michael Moore, Solicitor General, Jennifer L. Bledsoe, Assistant Attorney General, Victor S. (Torry) Johnson, III, District Attorney General, and Erik R. Herbert, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant entered guilty pleas, as a Range II offender, to one count of theft over $1,000, one count of evading arrest, and one count of resisting arrest The trial court imposed an effective sentence of eight years, eleven months, and twenty-nine days confinement. In this appeal as of right, the defendant challenges the sentence imposed by the trial court, arguing that (1) the sentence is excessive; (2) the court erred by denying him an alternative sentence; and (3) the judgment form as to his conviction for resisting arrest must be modified to conform to the trial court's pronouncement at the sentencing hearing. Finding the trial court's sentencing determination proper, we affirm the sentences imposed. However, the judgment form as to count three, resisting arrest, is modified to reflect that count three be served concurrently with counts one and two. http://www.tba.org/tba_files/TCCA/daileyca.wpd
STATE OF TENNESSEE v. GLENDA R. DOTSON Court:TCCA Attorneys: Nat H. Thomas and Larry Dillow, Kingsport, Tennessee, for the appellant, Glenda R. Dotson. Paul G. Summers, Attorney General and Reporter, Clinton J. Morgan, Assistant Attorney General, and Teresa Murray Smith, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: On November 15,1988, the appellant, Glenda R. Dotson, pled guilty in the Sullivan County Criminal Court to two counts of appropriation of property by person having custody. Tenn. Code Ann. S 39- 3-1118 (1982). On July 12, 1989, the trial court sentenced the appellant to five years incarceration in the Tennessee Department of Correction for each count and further ordered consecutive service of the appellant's sentences, resulting in an effective sentence of ten years incarceration. The trial court then placed the appellant on probation for the duration of her sentences on the condition that the appellant pay restitution in the amount of four hundred dollars ($400) each month. http://www.tba.org/tba_files/TCCA/dotsonglenda.wpd
STATE OF TENNESSEE v. FRED HEGWOOD, JR. Court:TCCA Attorneys: Cynthia M. Fort, Nashville, Tennessee, for the appellant, Fred Hegwood, Jr. Paul G. Summers, Attorney General and Reporter, Jennifer L. Bledsoe, Assistant Attorney General, Ron Davis, District Attorney General, Jeff Burks, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant was tried by jury in Williamson County and found guilty of two counts of the sale and delivery of heroin, possession of heroin, possession of cocaine, and possession of one half an ounce or more marijuana with intent to sell or deliver. The trial court sentenced him to an effective sentence of nine and one half years incarceration. In this appeal as of right, the Defendant argues that he received an excessive sentence. We conclude that his sentence was improperly enhanced on one count. Accordingly, we modify the Defendant's sentence to an effective sentence of nine years incarceration. http://www.tba.org/tba_files/TCCA/hegwoodf.wpd
STATE OF TENNESSEE v. NICK HOLSCHER Court:TCCA Attorneys: V. Michael Fox, Nashville, Tennessee, for the appellant, Nick A. Holscher. Paul G. Summers, Attorney General & Reporter, Elizabeth T. Ryan, Assistant Attorney General, and T.J. Haycox, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant was convicted of driving under the influence of an intoxicant and sentenced to 11 months, 29 days, with all but 15 days suspended. In this appeal, the defendant contends that the trial court erred by admitting the results of his breathalyser examination and that the sentence is excessive. The state met the Sensing requirements for the admissibility of the breathalyser results, and the evidence does not preponderate against the trial court's determination that the results were admissible. Because the transcript of the sentencing hearing is not included in the record, this court is bound by the trial court's sentencing determination. Accordingly, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/Holscher.wpd
STATE OF TENNESSEE v. CHRISTOPHER STACY LONG Court:TCCA Attorneys: Christopher Stacy Long, Tiptonville, Tennessee, pro se. Paul G. Summers, Attorney General and Reporter, Elizabeth B. Marney, Assistant Attorney General, C. Berkeley Bell, Jr., District Attorney General, and John Dugger, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Petitioner Christopher Stacy Long pled guilty to first degree murder and forgery. Petitioner subsequently filed a petition for post-conviction relief, but his appointed counsel filed a motion to dismiss the petition and the trial court granted the motion. Petitioner filed a second petition for post- conviction relief alleging the same grounds as the first petition and the trial court dismissed the second petition without an evidentiary hearing. Petitioner challenges the summary dismissal of his second petition for post-conviction relief. We reverse and remand for an evidentiary hearing. http://www.tba.org/tba_files/TCCA/longcs.wpd
STATE OF TENNESSEE v. LAWRENCE RALPH, JR. Court:TCCA Attorneys: Keith S. Smartt, McMinnville, Tennessee, for the appellant, Lawrence Ralph, Jr. Paul G. Summers, Attorney General and Reporter, Jennifer L. Bledsoe, Assistant Attorney General, and Clement Dale Potter, District Attorney General, McMinnville, Tennessee, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: Two years and six months passed between the issuance of a probation revocation warrant and the revocation hearing. This delay did not deny the defendant his right to a speedy trial. The trial court's conclusion that the delays were caused by the defendant's replacing his counsel three times is supported by the evidence. However, the record reveals an inconsistency regarding sentencing. Therefore, we remand solely for the trial court's determination as to whether this sentence shall be served concurrently with or consecutively to other charges. http://www.tba.org/tba_files/TCCA/RalphLJr.wpd
STATE OF TENNESSEE v. STACEY L. SPICELAND Court:TCCA Attorneys: Virginia Lee Story (at revocation hearing), Franklin, Tennessee, and Richard McGee (on appeal), Nashville, Tennessee, for the appellant, Stacey L. Spiceland. Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Lee E. Dryer, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: Defendant appeals the revocation of his probation and reinstatement of his sentences by the Williamson County Criminal Court. Defendant was on probation following his guilty pleas to two counts of automobile burglary and two counts of misdemeanor theft. Concluding that the defendant violated the terms and conditions of his probation by the use of illegal drugs, we affirm the revocation of probation and reinstatement of the original sentences. http://www.tba.org/tba_files/TCCA/spicelandst.wpd
CHARLES CLAY YOUNG v. STATE OF TENNESSEE First Paragraph: The petitioner, Charles Clay Young, appeals from the White county trial court's order denying his petition for post-conviction relief. In 1994, the petitioner was convicted of two counts of solicitation to commit first degree murder and sentenced to consecutive ten-year sentences. His conviction was affirmed by this Court. See State v. Charles Clay Young, No. 01C01-9601-CC- 00195 (Tenn. Crim. App. at Nashville, Aug. 15, 1997), perm. to appeal denied, (Tenn. March 2, 1998, at Nashville). Thereafter, he filed this petition for post-conviction relief alleging ineffective assistance of counsel. He specified fourteen different grounds, and the trial court, on September 24, 1999, held a hearing and heard evidence on each of these grounds. Afterwards, the trial court made explicit and detailed findings of fact as to each different ground and denied the petitioner's claim. http://www.tba.org/tba_files/TCCA/YoungCC.wpd
STATE OF TENNESSEE v. CHARLES WILLIAM YOUNG Court:TCCA Attorneys: Gregory D. Smith, Clarksville, Tennessee, for the appellant, Charles William Young. Paul G. Summers, Attorney General and Reporter, Clinton J. Morgan, Assistant Attorney General, Mike McCowen, District Attorney General, Weakley E. Barnard, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Charles William Young, was indicted by the Marshall County Grand Jury for the offense of aggravated assault. He was subsequently convicted of that offense after a jury trial. In this appeal as of right, the Defendant challenges the sufficiency of the evidence. We hold that the evidence was sufficient to support the conviction, and we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/youngcw.wpd

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