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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