July 20, 2001
Volume 7 — Number 132

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
04 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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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink

STATE OF TENNESSEE v. JERRY FLOYD CALDWELL
Court:TCCA
Attorneys:

John Philip Parsons, Cookeville, Tennessee, for the appellant, Jerry
Floyd Caldwell.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; and John A. Moore, Assistant District
Attorney General, for the appellee, State of Tennessee.

Judge: LAFFERTY

First Paragraph:

After trial, a Putnam County jury found Defendant guilty of the
unlawful possession of a controlled substance, to wit: cocaine over .5
grams, for resale, driving under the influence of an intoxicant, the
unlawful possession of drug paraphernalia, and evading arrest. 
Further, the jury determined Defendant should pay fines of $100,000,
$2,500, $2,500, and $1,500 for each respective offense.  Subject to a
sentencing agreement, the trial court imposed a sentence of nine (9)
years on the cocaine offense and 11 months and 29 days for each
misdemeanor.  The trial court ordered the sentences to be served
concurrently and imposed judgment for the fines in accordance with the
verdict of the jury.  Defendant presents two appellate issues: (1)
Whether there is sufficient evidence to convict Defendant of sale of
cocaine over 0.5 grams, driving under the influence and possession of
drug paraphernalia?; and (2) Whether Defendant's fines are excessive? 
After a review of the entire record, briefs of the parties and
applicable law, we affirm the trial court's judgment.

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


GREGORY SCOTT CAUDILL v. STATE OF TENNESSEE Court:TCCA Attorneys: Thomas v. Testerman, Newport, Tennessee, for appellant, Gregory Scott Caudill. Paul G. Summers, Attorney General & Reporter; Patricia C. Kussmann, Assistant Attorney General; Al Schmutzer, Jr., District Attorney General; and James B. Dunn, Assistant District Attorney, for appellee, State of Tennessee. Judge: SMITH First Paragraph: A Cocke County grand jury indicted the petitioner on four counts of aggravated robbery and two counts of aggravated assault. On November 28, 1994, the petitioner pled guilty to all six counts. Following a sentencing hearing, he received twelve years on each aggravated robbery and six years on each aggravated assault. The trial court then ran some of the sentences consecutively resulting in an effective sentence of thirty years as a Range I, standard offender. On direct appeal this Court modified the sentence to twenty-four years. State v. Gregory Scott Caudill, No. 03C01-9510-CC- 00338, 1997 WL 7009 at *7 (Tenn. Crim. App. at Knoxville, January 9, 1997). The petitioner's application for permission to appeal to the Tennessee Supreme Court was denied. Thereafter, he filed a pro se petition for post-conviction relief alleging errors made with regard to his plea. Counsel was appointed to assist him; an amended petition was filed; and the trial court conducted a hearing thereon. At the conclusion of this hearing, the trial court dismissed the petition. Through this appeal the petitioner avers that the trial court failed to comply with Rule 11 of the Tennessee Rules of Criminal Procedure in taking his plea. More particularly, he alleges that the trial court did not advise him of the mandatory minimum and maximum penalties that he could potentially receive. After reviewing the record, we find that the petitioner's specific claim lacks merit. However, through its brief the State observes that constitutionally mandated advice concerning the petitioner's confrontation rights was not provided by the trial court in its colloquy at the time of the petitioner's plea. Therefore, the State requests that this Court remand the case for a hearing to determine if this omission was harmless. We agree and remand the matter for this purpose. http://www.tba.org/tba_files/TCCA/caudillgreg.wpd
CHRISTOPHER STACY LONG v. STATE OF TENNESSEE Court:TCCA Attorneys: Scott A. Hodge, Morristown, Tennessee, for the appellant, Christopher Stacy Long. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; C. Berkeley Bell, Jr., District Attorney General; and Chris Scruggs, Assistant District Attorney General; for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Petitioner pled guilty to first degree felony murder and to forgery, receiving concurrent sentences of life with the possibility of parole and one year's incarceration, respectively. The Petitioner subsequently petitioned the trial court for post-conviction relief. Following an evidentiary hearing, the trial court denied post-conviction relief. The Petitioner now appeals this decision. He argues that he received ineffective assistance of counsel when he entered his pleas of guilty, causing him to enter his pleas involuntarily and unknowingly. Having reviewed the record, we conclude that the Petitioner's representation was not deficient and thus affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/longcs.wpd
STATE OF TENNESSEE v. ZAN RAY McCRACKEN Court:TCCA Attorneys: Steve McEwen, Mountain City, Tennessee (on appeal); Stephen M. Wallace, District Public Defender; and Terry L. Jordan, Assistant Public Defender (at trial and on appeal), for the Appellant, Zan Ray McCracken. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Tariq A. Zaidi, Assistant District Attorney General for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant appeals from his Sullivan County Criminal Court conviction and sentence for driving under the influence (DUI), second offense, a Class A misdemeanor. The trial court sentenced the defendant to eleven months and 29 days, with a six-month period of confinement, 45 days of which had to be served in continuous confinement. After the six-month confinement period, the defendant would serve the balance of the sentence on supervised probation. The trial court approved a $1,200 fine recommended by the jury. In this direct appeal, the defendant complains that the evidence at trial was insufficient to support his conviction, that the trial court committed reversible error in the guilt phase by allowing the jury to be informed that the defendant previously had been convicted of DUI, and that his sentence is excessive. We affirm the judgment of the trial court but remand for entry of a conforming judgment. http://www.tba.org/tba_files/TCCA/mccrackenzr.wpd

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