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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