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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