June 4, 2001
Volume 7 — Number 101

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 SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0604.wpd





STATE OF TENNESSEE v. LEONARD EDWARD BAUGH, JR., 
DAMIAN LAMAR OWES, and MARQUEZ DONNELL CRENSHAW

Court:TCCA

Attorneys:

William A. Lane, Murfreesboro, Tennessee, for the appellant, Leonard
Edward Baugh, Jr.; Dwight E. Scott (on appeal) and David Byrne (at
trial), Nashville, Tennessee, for the appellant, Damian Lamar Owes;
and Neil R. Flit, Nashville, Tennessee, for the appellant, Marquez
Donnell Crenshaw.

Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; Derrick L. Scretchen, Assistant District Attorney General;
and Brian K. Holmgren, Assistant District Attorney General, for the
appellee, State of Tennessee.                          

Judge: GLENN

First Paragraph:

The co-defendants, Leonard Edward Baugh, Jr., Damian Lamar Owes, and
Marquez Donnell Crenshaw, were indicted by the Davidson County Grand
Jury on one count of especially aggravated robbery, five counts of
especially aggravated kidnapping, one count of aggravated burglary,
and one count of aggravated assault.  Baugh was additionally indicted
on one count of resisting arrest and one count of unlawful possession
of a weapon by a convicted felon.  The counts of aggravated assault
were later dismissed. Following their joint trial, all co-defendants
were found guilty of especially aggravated robbery, five counts of
especially aggravated kidnapping, and aggravated burglary.  Baugh was
also convicted of unlawful possession of a weapon by a felon.  On
appeal, each of the co-defendants challenges the sufficiency of the
convicting evidence, arguing that the State failed to offer sufficient
proof of identity.  After a thorough review of the record, we affirm
the judgments of the trial court.  The matter is remanded to the trial
court for correction of clerical errors in the judgments.

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





STATE OF TENNESSEE v. ORLANDO CRENSHAW

Court:TCCA

Attorneys:

Richard McGee, Nashville, Tennessee, for the appellant, Orlando
Crenshaw.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Smith,
Assistant Attorney General;  T. Michael Bottoms, District Attorney
General; Robert C. Sanders, Assistant District Attorney General; and
James G. White, Assistant District Attorney General, for the appellee,
State of Tennessee.

Judge: TIPTON

First Paragraph:

The defendant challenges his conviction for attempted first degree
murder, contending that the evidence was insufficient, the trial court
should have granted a change of venue due to pervasive pretrial
publicity, the trial court should have accepted the jury's statement
that it could not return a unanimous verdict after it revealed its
numerical division, and the jury was tainted by extraneous
information.  We affirm the judgment of conviction.

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





STATE OF TENNESSEE v. RONALD HAYNES

Court:TCCA

Attorneys:

William Lane (at trial) and C. LeAnn Smith (on appeal), Nashville,
Tennessee, for the appellant, Ronald Haynes.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Pamela S. Anderson, Assistant District Attorney General,
for the appellee, State of Tennessee.                          

Judge: GLENN

First Paragraph:

The defendant was indicted by a Davidson County Grand Jury for
especially aggravated robbery and attempted first degree murder.
Following a two-day jury trial, the defendant was found guilty of
especially aggravated robbery, a Class A felony, and attempted second
degree murder, a Class B felony.  A sentencing hearing was held on
September 29, 1999, at the conclusion of which the trial court
sentenced the defendant as a Range I offender to twenty-one years at
100% for the especially aggravated robbery conviction and ten years
for the attempted second degree murder conviction.  The sentences were
ordered served concurrently in the Tennessee Department of Correction.
 In this appeal as of right, the defendant presents three issues for
our review: (1) whether the evidence is sufficient to support his
convictions for especially aggravated robbery and attempted second
degree murder; (2) whether the trial court erred in failing to charge
the jury on certain lesser-included offenses; and (3) whether the
sentence is excessive.  Having reviewed the entire record on appeal,
we affirm the judgment of the trial court.

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





STATE OF TENNESSEE v. SHUNNA DEMETRIA HILLIARD

Court:TCCA

Attorneys:

Sam Wallace, Sr., Nashville, Tennessee, for the appellant, Shunna
Demetria Hilliard.

Paul G. Summers, Attorney General & Reporter, Mark E. Davidson,
Assistant Attorney General, Robert "Gus" Radford, District Attorney
General, Steve Garrett, Assistant District Attorney General, for the
appellee, State of Tennessee.                          

Judge: CLARK

First Paragraph:

Defendant appeals her conviction of two counts of sale of cocaine,
both Class C felonies.  She received sentences of four (4) years on
each count, running concurrent to one another, and was ordered to pay
a $100,000.00 fine on each count.  Defendant contends that the
evidence is insufficient to support the convictions, and that the
trial court erred in failing to sentence her to the minimum sentence
and failing to grant alternative sentencing.  The judgment of the
trial court is affirmed.

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





MICHAEL E. WALDRON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Leslie A. Bruce, Nashville, Tennessee (on appeal) and Terry Canady,
Madison, Tennessee (at trial) for the appellant, Michael E. Waldron.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Roger D. Moore, Assistant District Attorney General, for
the appellee, State of Tennessee.                          

Judge: GLENN

First Paragraph:

The petitioner appeals the denial of his petition for post-conviction
relief.  Having been indicted by a Davidson County Grand Jury on three
counts of rape of a child and one count of aggravated sexual battery,
the petitioner pled guilty to two counts of rape of a child, a Class A
felony, and the remaining counts were dismissed.  In this appeal,
petitioner raises three issues: (1) whether he received effective
assistance of counsel; (2) whether the State and the trial court
should have requested forensic psychological evaluation of the
petitioner and a competency hearing; and (3) whether his plea was
constitutionally valid.  The judgment of the post-conviction court is
affirmed.

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





STATE OF TENNESSEE v. SUSAN RENEE WHITED

Court:TCCA

Attorneys:

Jerred A. Creasy, Charlotte, Tennessee, for appellant, Susan Whited.

Paul G. Summer, Attorney General & Reporter; Albert L. Partee, III,
Assistant Attorney General; Jerry N. Estes, District Attorney General,
for appellee, State of Tennessee.                          

Judge: SMITH

First Paragraph:

The Defendant pled guilty to eight counts of theft in Bradley and
McMinn Counties.  Pursuant to a plea agreement, the Defendant agreed
to serve a total of seventeen years in prison and pay restitution in
the aggregate amount of $212,284.00.  Although the record is silent on
the matter, the Defendant was apparently granted parole in 1997 and
released.  Although not apparent from the record, statements of
counsel indicate that the Board of Parolees ordered the Defendant to
pay $50.00 per month toward her restitution upon release.  On July 30,
1999, the District Attorney General filed an application for
garnishment in both counties in order to satisfy the restitution.  The
trial court temporarily stayed the garnishments pending briefing by
both parties, but ultimately issued an order removing the stays in
both counties on October 4, 1999.  The Defendant appeals that order
here.  After a careful review of the record, we find that (1)  the
Defendant has failed to provide an adequate record for our review, (2)
 Rule 3 of the Tennessee Rule of Appellate Procedure does not
authorize an appeal as of right from an order removing a stay of
garnishment, and, (3) the court is without jurisdiction to consider
the Defendant's claim that her sentence of restitution was void. 
Accordingly, the appeal is dismissed.

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

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