October 3, 2001
Volume 7 — Number 182

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
02 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. ERIC JONATHAN BENEFIELD

Court:TCCA

Attorneys:  

Jerry S. Sloan, Chattanooga, Tennessee, for the Appellant, Eric
Jonathan Benefield.

Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney,
Assistant Attorney General;  William H. Cox, III, District Attorney
General; and Rodney Strong, Assistant District Attorney General, for
the Appellee, State of Tennessee.                   

Judge: WITT

First Paragraph:

Eric Jonathan Benefield appeals the Hamilton County Criminal Court's
imposition of consecutive sentencing.  In the proceedings below, the
trial court incorrectly determined that because the defendant was on
probation at the time of his offenses, consecutive sentencing was
required by Tennessee Rule of Criminal Procedure 32(c)(3).  However,
consecutive sentencing was merely permissible, not mandatory.  We
therefore reverse the trial court's consecutive sentencing
determination and remand for further consideration under the
applicable law.

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



STATE OF TENNESSEE v. ROBERT MORROW Court:TCCA Attorneys: Edward C. Miller, District Public Defender; Susanne Bales, Assistant Public Defender (on appeal); and Edward C. Miller, Assistant Public Defender (at trial), for the Appellant, Robert Morrow. Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann, Assistant Attorney General; Alfred C. Schmutzer, Jr., District Attorney General; and James B. Dunn, Assistant District Attorney General for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant entered a best-interest guilty plea in the Cocke County Criminal Court to one count of especially aggravated kidnapping, two counts of aggravated rape, and one count of criminal exposure to HIV. The trial court sentenced the defendant as a Range I standard offender to six years incarceration in the Tennessee Department of Correction for the criminal exposure to HIV conviction, as a violent offender to 24 years incarceration for the especially aggravated kidnapping conviction, as a violent offender to 24 years incarceration for one of the aggravated rape convictions, and as a multiple rapist to 24 years incarceration for the other aggravated rape conviction. The trial court ordered consecutive service of the sentences for an effective sentence of 78 years incarceration. On appeal, the defendant takes issue with the length of the sentences and the consecutive service imposed. Based upon our review, we affirm the sentences imposed. http://www.tba.org/tba_files/TCCA/morrowr.wpd

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