October 16, 2000
Volume 6 -- Number 168

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
07 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. DONALD MARBLEY

Court:TCCA

Attorneys:  

Hershell D. Koger, Pulaski, Tennessee for the appellant, Donald
Marbley.

Paul G. Summers, Attorney General and Reporter, Marvin S. Blair, Jr.,
Assistant Attorney General, W. Michael McCown, District Attorney
General, Ann L. Filer, Assistant District Attorney General, and
Weakley E. Barnard, Assistant District Attorney General for the
appellee, State of Tennessee.                        

Judge: WEDEMEYER

First Paragraph:

In November 1997, the Defendant, Donald Marbley, was arrested for
aggravated robbery in Lincoln County.  Approximately two weeks after
being released on bond, the Defendant was arrested in Marshall County
for attempted aggravated robbery and aggravated assault.  The
Defendant was found guilty by a Lincoln County jury of aggravated
robbery and sentenced to seventeen years as a Range II multiple
offender.  The Defendant pleaded guilty to the Marshall County
attempted aggravated robbery charge and was sentenced to eight years
as a Range II multiple offender.  The two sentences were to be served
consecutively, for a total sentence of twenty-five years as a Range II
multiple offender.  In this consolidated appeal, the Defendant raises
the following issues: (1) whether the evidence was sufficient to
support the Defendant's conviction for aggravated robbery in Lincoln
County; (2) whether the Lincoln County trial court erred in admitting
the Defendant's prior criminal convictions into evidence; (3) whether
the trial court properly sentenced the Defendant in both the Lincoln
and Marshall County cases; and (4) whether the Defendant received
effective assistance of counsel in the Lincoln County case.  Finding
no error in the record, we affirm the judgments of the trial court.

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





JIMMY DALE SMITH v. STATE OF TENNESSEE
ORDER

Court:TCCA                        

Judge: SMITH

First Paragraph:

In 1990, the petitioner, Jimmy Dale Smith, was convicted by a Cheatham
County jury of two counts of aggravated kidnapping.  On direct appeal,
the petitioner argued, inter alia, that he was denied the effective
assistance of counsel at trial.  This Court affirmed the conviction on
direct appeal.  State v. Jimmy Dale Smith, No. 01C01-9205-CC-00152,
1995 WL 84021 (Tenn. Crim. App. March 2, 1995).  The petitioner then
filed a post-conviction petition alleging that he was denied the
effective assistance of appellate counsel.  Following a hearing, the
post-conviction court denied the defendant's petition, and the
petitioner appeals that ruling here.  Based on our review of the
briefs and of the record, we conclude that this is an appropriate case
for affirmance under Rule 20, Tennessee Court of Criminal Appeals
Rules.

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





STATE OF TENNESSEE v. MARTY W. STANFILL

Court:TCCA

Attorneys:

Thomas J. Drake, Jr. and Michael L. Heyman, Nashville, Tennessee, for
the appellant, Marty W. Stanfill.

Paul G. Summers, Attorney General and Reporter and Elizabeth T. Ryan,
Assistant Attorney General, for the appellee, State of Tennessee.                          

Judge: LAFFERTY

First Paragraph:

The appellant/defendant, Marty W. Stanfill, appeals as of right from
the judgment of the Davidson County Criminal Court which imposed a
sentence of eight (8) years in indictment No. 97-B-1320,  for the
state offense of unlawful possession of cocaine with the intent to
sell or deliver.  The trial court ordered this sentence to be served
consecutively to a federal conviction, No. 3:97-00087, for conspiracy
to distribute cocaine.  At the same sentencing hearing, in indictment
No. 99-B-865, the trial court imposed, in three separate counts, two
(2) eight (8) year sentences for unlawful possession of cocaine with
intent to sell or deliver, and one (1) year for the unlawful
possession of a weapon.  These sentences were to be served
concurrently with case No. 97-B-1320 and the federal conviction, No.
3:97-00087, imposed by the U.S. District Court for Middle Tennessee at
Nashville.  The defendant presents one appellate issue: Whether the
trial court erred in imposing an eight (8) year sentence in case No.
97-B-1320, consecutive to federal case No. 3:97-00087?  After a
complete review of the record, briefs of the parties and applicable
law, we vacate the judgment of conviction and remand the case for
further proceedings.

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





STATE OF TENNESSEE v. JOSEPH E. SUGGS

Court:TCCA

Attorneys: 

Karl Dean, District Public Defender; Jonathan F. Wing (at hearing and
on appeal) and Jeffrey A. DeVasher (on appeal), Assistant District
Public Defenders, Nashville, Tennessee, for the appellant, Joseph E.
Suggs.

Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan,
Assistant Attorney General; Victor S. (Torry) Johnson, III, District
Attorney General; and Helen Donnelly, Assistant District Attorney
General, for the appellee, State of Tennessee.                         

Judge: RILEY

First Paragraph:

Defendant, Joseph E. Suggs, pled guilty to three counts of child rape,
for which he received three consecutive 25-year sentences.  On appeal,
the defendant raises two issues: 1) whether the trial court erred by
imposing the maximum sentence for each count; and 2) whether the trial
court erred by imposing consecutive sentences on all counts.  The
judgment of the trial court is affirmed.

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





STATE OF TENNESSEE v. CALVIN OTIS TANKSLEY

Court:TCCA

Attorneys:  

James Robin McKinney, Jr., Nashville, Tennessee, for the appellant.

Paul G. Summers, Attorney General and Reporter, Michael Moore,
Solicitor General, Todd R. Kelley, Assistant Attorney General, Victor
S. (Torry) Johnson, III, District Attorney General, and John
Zimmermann, Assistant District Attorney General, for the appellee,
State of Tennessee.

Judge: HAYES

First Paragraph:

The appellant, Calvin Otis Tanksley, was convicted by a Davidson
County Jury of one count of rape of a child and one count of attempted
rape of a child.  Based on his classification as a repeat violent
offender, the appellant was sentenced upon each count to two
consecutive sentences of life without parole.  Upon appeal, the
appellant raises the following issues: (1) whether the evidence was
sufficient to support the verdicts; (2) whether the court erred in
ruling the defendant's prior bad acts could be introduced by the State
if the defendant presented an alibi defense; (3) whether the court
erred in allowing the State to introduce over four hundred pairs of
women's undergarments seized from the defendant in an investigation in
another county; (4) whether the trial court erred in not suppressing
the photographic array; and (5) whether the appellant qualified for
sentencing as a repeat violent offender.  Finding no reversible error,
the judgments are affirmed.

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





STATE OF TENNESSEE v. WILLIAM TIMOTHY TEAL

Court:TCCA

Attorneys:

Robert T. Carter, Esq., Tullahoma, Tennessee, for the appellant,
William Timothy Teal.

Paul G. Summers, Attorney General & Reporter and Lucian D. Geise,
Assistant Attorney General, for the appellee, State of Tennessee.                          

Judge: LAFFERTY

First Paragraph:

The appellant/defendant, William Timothy Teal, appeals as of right
from his conviction for driving under the influence of an intoxicant,
third offense, pursuant to a bench trial by the Coffee County Circuit
Court.  The defendant presents two appellate issues: (1) Whether the
evidence at trial was sufficient to support the trial court's finding
of guilt beyond a reasonable doubt?; (2) Whether the trial court
imposed an excessive sentence of nine (9) months in the Coffee County
jail?  We affirm the judgment of the trial court.

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





CHARJORAY P. WEIR v. STATE OF TENNESSEE

Court:TCCA

Attorneys: 

Charjoray Weir, Henning, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Todd R. Kelley,
Assistant Attorney General; Tom P. Thompson, Jr., District Attorney
General; and Robert Hibbett, Assistant District Attorney General, for
the appellee, State of Tennessee.                         

Judge: WELLES

First Paragraph:

The Defendant appeals as of right from the trial court's order
dismissing his petition for post- conviction relief upon its finding
that the petition was barred by the statute of limitations.  We
reverse the judgment of the trial court and remand the case for
further proceedings.

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

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