December 14, 2001
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.
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Howard H. Vogel
STATE OF TENNESSEE v. KENNETH L. BOGGS Court:TCCA Attorneys: Sam E. Wallace, Jr., Nashville, Tennessee, for the Appellant, Kenneth L. Boggs. Paul G. Summers, Attorney General & Reporter; Mark E. Davidson, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Jason W. Lawless, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant, Kenneth L. Boggs, appeals his Davidson County Criminal Court conviction of unlawful possession of a handgun, a Class E felony. He complains on appeal that the trial court erred in not addressing the prosecutor's exploitation of the defendant's exercise of his right to remain silent following his arrest. Finding no error requiring reversal, we affirm the conviction. http://www.tba.org/tba_files/TCCA/boggskl.wpd STATE OF TENNESSEE v. GREGORY FLITTNER Court:TCCA Attorneys: Lee Ofman, Franklin, Tennessee, for the appellant, Gregory Flittner. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Joseph D. Baugh, District Attorney General; and Lee Dryer, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The appellant, Gregory Flittner, was convicted by a jury in the Williamson County Circuit Court of driving under the influence with a blood alcohol level of .10% or more. The trial court sentenced the appellant to serve eleven months and twenty-nine days in the Williamson County Jail and further ordered that all but seven days of the appellant's sentence be suspended. On appeal, the appellant raises the following issues for our review: (1) whether his blood alcohol test was taken voluntarily; (2) whether the trial court erred in refusing to charge the jury with driving while impaired (DWI) as a lesser-included offense of driving under the influence (DUI); (3) whether the trial court erred in failing to require the State to turn over "all results of reports and scientific tests . . . in the possession of the State" pursuant to the appellant's motion to compel; (4) whether the trial court's instruction on a blood alcohol content of .10% or more as a presumption of intoxication under Tenn. Code Ann. S 55-10-401(a)(1) (1998) and a blood alcohol content of .10% or more as an element of the offense under Tenn. Code Ann. S 55-10-401(a)(2) was so unclear as to confuse or mislead the jury; and (5) whether the trial court erred in allowing the arresting officer to testify that he had released one hundred and fifty (150) people whom he had previously stopped for DUI. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/flittnerg.wpd STATE OF TENNESSEE v. CHARLES W. JONES Court:TCCA Attorneys: Sam E. Wallace, Jr., Nashville, Tennessee, for the appellant, Charles W. Jones. Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr., Assistant Attorney General; Victor S. Johnson, District Attorney General; and Jon Seaborg, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Charles William Jones, was convicted of second degree murder in the Criminal Court of Davidson County. After a sentencing hearing, the trial court sentenced the Defendant to twenty-two years in the Department of Correction. In this appeal, the Defendant contends that (1) the evidence presented at trial was insufficient to support a finding of guilt beyond a reasonable doubt and (2) the trial court improperly applied two enhancement factors in sentencing the Defendant. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/jonescw.wpd PERRY SALEEM LEE v. STATE OF TENNESSEE Court:TCCA Attorneys: Perry Saleem Lee, Clifton, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Mary K. Harvey, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The petitioner, Perry Saleem Lee, appeals the dismissal of his petition for post-conviction relief by the Williamson County Circuit Court, which held that the petitioner's claims for relief had been either previously determined or waived. The petitioner complains about his appointed counsel and the state's purported shortcomings in the post-conviction process. He also complains about the trial court not allowing an amendment to the petition, not allowing an evidentiary hearing, and not setting forth findings of fact and conclusions of law as to each ground he raised. We affirm the trial court. http://www.tba.org/tba_files/TCCA/leeps.wpd STATE OF TENNESSEE v. LANE PULLEY Court:TCCA Attorneys: R. H. Stovall, Jr., Assistant Public Defender, Columbia, Tennessee, for the Appellant, Lane Pulley. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Elizabeth T. Ryan, Assistant Attorney General; T. Michael Bottoms, District Attorney General; and J. Doug Dicus, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Lane Pulley, was convicted by a Wayne County jury for committing a deceptive business practice, a class B misdemeanor. Tenn. Code Ann. S 39-14-127(a)(2). The indictment charged that the deceptive practice arose from a verbal contract for the repair of a vehicle. Over a three-year period, the owner of the automobile paid Pulley a total of $2,483.90 for various repairs to her vehicle. The vehicle was never returned to the owner. On appeal, Pulley argues that the evidence presented at trial failed to establish an essential element of the offense, i.e., that he was engaged in the automobile repair business or that his conduct with the victim arose in the course of such business. After review, we conclude that Pulley's conduct violated the provisions of the Deceptive Business Practices statute and the proof is legally sufficient to support his conviction. Accordingly, the judgment of the Wayne County Circuit Court is affirmed. http://www.tba.org/tba_files/TCCA/pulleylane.wpd STATE OF TENNESSEE v. TROY D. RYAN Court:TCCA Attorneys: E. Shayne Brasfield, Franklin, Tennessee, for the appellant, Troy D. Ryan. Paul G. Summers, Attorney General and Reporter; Jennifer L. Smith, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Sharon E. Guffee, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant appeals from a conviction of theft of property over one thousand dollars. The sole issue presented for review is the sufficiency of the evidence to establish the value element of the offense. We conclude that the testimony by the owner of the stolen property was sufficient for the jury to find that the fair market value of the property was over one thousand dollars. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/ryantd.wpd STATE OF TENNESSEE v. JERRY DAMON WILLIAMS Court:TCCA Attorneys: Allen D. Hale, Murfreesboro, Tennessee, for the appellant, Jerry Damon Williams. Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General; and William C. Whitesell, Jr., District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: On September 25, 2000, the Defendant, Jerry Damon Williams, entered a plea of guilty to driving under the influence of alcohol in violation of Tennessee Code Annotated section 55-10-401. Pursuant to Rule 37 (b)(1)(i) of the Tennessee Rules of Criminal Procedure, the Defendant sought to reserve a certified question of law to be reviewed by this Court. In this appeal, the Defendant contends that (1) he properly reserved the certified question of the validity of the police's initial investigatory stop and (2) the trial court erred in denying his motion to suppress evidence discovered as a result of the investigatory stop. We vacate the Defendant's conviction and dismiss the case. http://www.tba.org/tba_files/TCCA/williamsjd.wpd Practice of Senior Law Students Before the Courts Date: November 21, 2001 Opinion Number: 01-168 http://www.tba.org/tba_files/AG/OP168.pdf Paid Military Leave for Public Employees When Called to Active Duty By Governor Date: November 27, 2001 Opinion Number: 01-168 http://www.tba.org/tba_files/AG/OP169.pdf
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