November 16, 2001
Volume 7 — Number 213

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
05 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

THOMAS T. CUMMINGS v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Alicia A. Howard, Memphis, Tennessee, for the appellant, Thomas T.
Cummings.

Paul G. Summers, Attorney General and Reporter; Laura McMullen Ford,
Assistant Attorney General; John W. Pierotti, District Attorney
General; and Dan Woody, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: MCGEE OGLE

First Paragraph:

The petitioner, Thomas T. Cummings, pled guilty in the Shelby County
Criminal Court to second degree murder.  Pursuant to a negotiated plea
agreement, he was sentenced as a violent offender to twenty-five years
incarceration, to be served at one hundred percent (100%), in the
Tennessee Department of Correction.  The petitioner timely filed for
post-conviction relief, alleging that he received ineffective
assistance of counsel and that his plea was not knowing and voluntary
because his attorney erroneously advised him that he would be required
to serve only eighty-five percent (85%) of his sentence before
becoming eligible for parole and that his sentence could be reduced an
additional fifteen percent (15%) for "good behavior." On appeal, the
petitioner challenges the post- conviction court's conclusion that he
received effective assistance of counsel.  After a review of the
record, we affirm the judgment of the post-conviction court.

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


STATE OF TENNESSEE v. MARQUIS DAY Court:TCCA Attorneys: Jan R. Patterson, Clayton F. Mayo, and George Martin Googe, District Public Defender, Attorneys for Appellee, Marquis Day. Paul G. Summers, Attorney General, Mark E. Davidson, Assistant Attorney General, James G. (Jerry) Woodall, District Attorney General, and Al Earls, Assistant District Attorney General, attorneys for Appellee, State of Tennessee. Judge: CLARK First Paragraph: The defendant appeals his convictions for first degree murder, conspiracy to commit first degree murder, tampering with or fabricating evidence and unlawful possession of a weapon. He challenges the sufficiency of the convicting evidence based on accomplice testimony, the issue whether Brian Morrow was in fact an accomplice, the admission of graphic photographs of the decedent, and the actions of the trial judge as thirteenth juror. We affirm the judgment of trial court. http://www.tba.org/tba_files/TCCA/daym.wpd
STATE OF TENNESSEE v. MAURICE LYDELL PURDY Court:TCCA Attorneys: David L. Hamblen, Union City, Tennessee, for the appellant, Maurice Lydell Purdy. Paul G. Summers, Attorney General & Reporter; T.E. Williams, III, Assistant Attorney General; and James T. Cannon, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Maurice Lydell Purdy, was convicted of second degree murder and given a Range I sentence of 19 years. There was no direct appeal. Within a year of the conviction, the defendant filed a petition for post-conviction relief. After the trial court denied relief, this court reversed and granted a delayed appeal. See Maurice Lydell Purdy v. State, No. 02C01-9807-CC-00211 (Tenn. Crim. App., at Jackson, Apr. 7, 1999). In this delayed appeal, the defendant challenges the sufficiency of the evidence. The judgment of conviction is affirmed. http://www.tba.org/tba_files/TCCA/purdyml.wpd
JAVIER SOTO-HURTADO v. STATE OF TENNESSEE Court:TCCA Attorneys: C. Michael Robbins, Memphis, Tennessee (on appeal), and Rosella Shackelford, Paris, Tennessee (at trial), for the appellant, Javier Soto-Hurtado. Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; and Elizabeth T. Rice, District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Javier Soto-Hurtado, appeals from the trial court's denial of habeas corpus relief. In this appeal of right, the petitioner contends that his conviction for sexual battery is void. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/sotohurtadoJ.wpd
STATE OF TENNESSEE v. BURITA A. WINEBARGER Court:TCCA Attorneys: Richard A. Spivey, Kingsport, Tennessee, for the Appellant, Burita A. Winebarger. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and J. Lewis Combs, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: The Defendant, Burita A. Winebarger, was charged in an arrest warrant with the offense of theft of property less than $500.00 in value. She pled guilty to the offense in the General Sessions Court of Sullivan County. The General Sessions Court sentenced her to serve eleven months and twenty-nine days, with all but thirty days suspended. Defendant filed a timely appeal to the Criminal Court of Sullivan County. On the date that the case was set for "announcement" in criminal court, Defendant was approximately one hour late in arriving at court. The criminal court dismissed the appeal for "failure to prosecute" and remanded the case to the General Sessions Court of Sullivan County for "execution of the sentence." The Defendant filed a timely appeal to this court. After a review of the record, and the applicable law, we reverse the judgment of the criminal court and remand for a sentencing hearing de novo. http://www.tba.org/tba_files/TCCA/winebargerburita.wpd

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