Opinion FlashJanuary 3, 2002Volume 8 — Number 002 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. RAYFIELD BRICE Court:TCCA Attorneys: Robert B. Gaia, Memphis, Tennessee, for the appellant, Rayfield Brice. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; William L. Gibbons, District Attorney General; and Glen C. Baity, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: A jury convicted the defendant of aggravated robbery, and the trial judge sentenced him to 12 years incarceration as a Range I standard offender. In this appeal, the defendant contends: (1) the evidence was insufficient to sustain his conviction; (2) his custodial statement should have been suppressed; (3) a juror failed to respond to a voir dire question concerning prior involvement in the legal system, thereby depriving the defendant of a fair and impartial jury; (4) the trial court erroneously disallowed admission of a crime scene report; and (5) his sentence was excessive. After a thorough review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/bricer.wpd STATE OF TENNESSEE v. ANGELA BRIGHT Court:TCCA Attorneys: Shawn G. Graham, Maryville, Tennessee, for the Appellant, Angela Bright. Paul G. Summers, Attorney General & Reporter; Peter M. Coughlin, Assistant Attorney General; Michael L. Flynn, District Attorney General; and William Reed, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Angela Bright brings this appeal of the Blount County Criminal Court's revocation of her probationary sentence and order placing her Department of Correction sentence into effect. Because the lower court did not abuse its discretion, we affirm. http://www.tba.org/tba_files/TCCA/brighta.wpd STATE OF TENNESSEE v. ANTHONY D. BYNUM Court:TCCA Attorneys: Joseph P. Atnip, District Public Defender (at trial and on appeal); Kevin McAlpin, Assistant District Public Defender (at trial and on appeal); and Clifford K. McGown, Jr., Waverly, Tennessee (on appeal), for the appellant, Anthony D. Bynum. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, Jr., Assistant Attorney General; and Thomas A. Thomas, District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Anthony D. Bynum, was convicted of possession of anhydrous ammonia, a Class E felony. The trial court sentenced the defendant to three years, one year to be served in the Weakley County Jail and the balance to be served on probation. The defendant was fined $1,000.00. In this appeal of right, the defendant asserts that the evidence was insufficient to support his conviction and that his sentence was excessive. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/bynumad.wpd STATE OF TENNESSEE v. ROGER R. CARTER Court:TCCA Attorneys: A. C. Wharton, Jr., Public Defender; and Michael J. Johnson (at trial), Gregory T. Carman (at trial), and Garland Erguden (on appeal), Assistant Public Defenders, for the appellant, Roger R. Carter. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; and James M. Lammey, Jr. and David N. Pritchard, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant was convicted of the premeditated first degree murder of his wife and sentenced to life imprisonment without the possibility of parole. In this appeal the defendant contends the evidence was insufficient to sustain his conviction. After a thorough review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/carterrr.wpd STATE OF TENNESSEE v. DONAVAN EDWARD DANIEL Court:TCCA Attorneys: C. Michael Robbins (on appeal), Memphis, Tennessee; Joseph P. Atnip, District Public Defender; and Colin Johnson, Assistant Public Defender (at trial and on appeal), for the appellant, Donavan Edward Daniel. Paul G. Summers, Attorney General & Reporter; Kim R. Helper, Assistant Attorney General; Thomas A. Thomas, District Attorney General; James T. Cannon and Allen J. Strawbridge, Jr., Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: After a jury trial, the defendant, a juvenile at the time of the offenses, was convicted of six counts arising out of the shooting deaths of two victims. The jury sentenced him to life in prison for Count One, first degree premeditated murder of the first victim, and for Count Two, first degree felony murder of the first victim based upon robbery of the first victim. The jury sentenced him to life in prison without the possibility of parole for Count Three, first degree felony murder of the second victim based upon premeditated murder of the first victim, and for Count Four, first degree felony murder of the second victim based upon robbery of the first victim. The trial court merged the conviction for Count Two into Count One, and the conviction for Count Four into Count Three. The trial court sentenced the defendant to twenty (20) years for Count Five, especially aggravated robbery, one (1) year for Count Six, possession of marijuana with intent to resell, and ordered the sentences to be served concurrently. On appeal, the defendant challenges the trial court's denial of his motion to suppress and his request for a state-funded mitigation expert, as well as the sufficiency of the evidence to support his convictions for first-degree murder. After careful review of the record, we hold that the trial court did not err in failing to suppress the defendant's statements. Further, we hold that although the defendant's status as a non-capital defendant did not preclude him from receiving state-funded expert services, our de novo review of the record reveals that the defendant failed to make the required showing of a particularized need for a mitigation expert. Therefore, the trial court's denial of the defendant's request for such services was correct. Finally, we hold the evidence is sufficient to sustain the defendant's convictions for premeditated and felony murder in the first degree. Accordingly, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/danielde.wpd STATE OF TENNESSEE v. RONALD DOTSON Court:TCCA Attorneys: AC Wharton, Jr., Public Defender, and W. Mark Ward, Assistant Public Defender, Memphis, Tennessee (on appeal); and Lawrence White, Memphis, Tennessee (at trial), for the Appellant, Ronald Dotson. Paul G. Summers, Attorney General and Reporter; Laura McMullen Ford, Assistant Attorney General; William L. Gibbons, District Attorney General; and Amy Weirich, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Shelby County jury convicted the Defendant of aggravated robbery, and the trial court sentenced him as a repeat violent offender to life imprisonment. In this appeal as of right, the Defendant argues (1) that insufficient evidence of his identity as the perpetrator was presented at trial and (2) that there was a material variance between the indictment and the proof at trial. Having reviewed the record, we conclude (1) that sufficient evidence was presented to support the Defendant's conviction and (2) that a variance between the indictment and the proof at trial existed, but that the variance did not affect the substantial rights of the Defendant and thus was not fatal. We therefore affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/dotsonr.wpd STATE OF TENNESSEE v. DARRIN FLEMING Court:TCCA Attorneys: Kevin E. Reed, Memphis, Tennessee, for the appellant, Darrin Fleming. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; and James Lammey, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WADE First Paragraph: The defendant, Darrin Fleming, was convicted of aggravated burglary, assault, and criminal responsibility for facilitation of robbery. The trial court imposed an effective sentence of six years. In this appeal of right, the defendant contends that the evidence was insufficient to support his convictions for aggravated burglary and assault and that the trial court erred by refusing to give a special instruction on criminal responsibility. The judgments of the trial court are affirmed. http://www.tba.org/tba_files/TCCA/flemingd.wpd STATE OF TENNESSEE v. DALE GODWIN Court:TCCA Attorneys: Victor L. Ivy and Danny R. Ellis (on appeal), Jackson, Tennessee; and Kevin McAlpin, Assistant District Public Defender (at trial), Dresden, Tennessee, for the Appellant, Dale Godwin. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; Thomas A. Thomas, District Attorney General; James T. Cannon, Assistant District Attorney General; and James David Kendall, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: In 1995, the Defendant pled guilty to four felony drug charges for which he received three concurrent eight-year sentences and one concurrent five-year sentence, to be served on Community Corrections. Subsequently, the trial court revoked the Defendant's Community Corrections sentences and ordered him to serve twelve years in the Tennessee Department of Correction. The Defendant now appeals, alleging that the trial court lacked jurisdiction to re-sentence the Defendant and that the twelve year sentence was improperly imposed. Finding no error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/godwind.wpd CARLOS HAYWOOD v. STATE OF TENNESSEE Court:TCCA Attorneys: Marty B. McAfee, Memphis, Tennessee, for the Appellant, Carlos Haywood. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Kim R. Helper, Assistant Attorney General; William L.Gibbons, District Attorney General; and Elaine Sanders, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Carlos Haywood, appeals from the dismissal of his petition for post-conviction relief. Haywood was convicted by a Shelby County Criminal Court Jury of felony murder and attempted especially aggravated robbery, and was sentenced to life imprisonment plus ten years. On appeal, Haywood argues that he received ineffective assistance of counsel. After review, we affirm the judgment of the post-conviction court dismissing the petition. http://www.tba.org/tba_files/TCCA/haywoodc.wpd STATE OF TENNESSEE v. JOHN ARRON HEARD, alias JOHN ROGER HEARD Court:TCCA Attorneys: Ardena J. Garth, District Public Defender, and Donna Robinson Miller, Assistant District Public Defender, Chattanooga, Tennessee, for the appellant, John Arron Heard. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; William H. Cox, III, District Attorney General; and Dean Ferraro, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant, John Arron Heard, appeals from the judgment of the Hamilton County Criminal Court revoking his community corrections sentence. The sole issue on appeal is whether the trial court abused its discretion in ordering the defendant to serve the remainder of his sentence in the penitentiary. After careful review, we affirm the trial court's judgment. http://www.tba.org/tba_files/TCCA/heardjohna.wpd STATE OF TENNESSEE v. NED JACKSON Court:TCCA Attorneys: W. Mark Ward, Assistant Public Defender (on appeal), Memphis, Tennessee; and Donna J. Armstard, Assistant Public Defender (at trial), Memphis, Tennessee, for the Appellant, Ned Jackson. Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General; William L. Gibbons, District Attorney General; and Rosemary Andrews, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant, Ned Jackson, was convicted by a jury of aggravated robbery, and the trial court sentenced him to ten years in the Tennessee Department of Correction. The Defendant now appeals, arguing the following: (1) that insufficient evidence of the Defendant's identity as the culprit was presented to convict the Defendant of aggravated robbery and (2) that the trial court erred in refusing to instruct the jury on the lesser-included offenses of theft and aggravated assault. Finding no error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/jacksonn_opn.wpd MCGEE OGLE DISSENTING http://www.tba.org/tba_files/TCCA/jacksonn_dis.wpd STATE OF TENNESSEE v. MARIO A. JOHNSON Court:TCCA Attorneys: A.C. Wharton, District Public Defender (of counsel); Garland Ergueden, Assistant Public Defender (on appeal); and William L. Johnson, Assistant Public Defender (at trial), for the appellant, Mario A. Johnson. Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General; and P.T. Hoover, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Mario A. Johnson, was convicted of facilitation to commit first degree murder and especially aggravated robbery. The trial court imposed a Range I sentence of 20 years for facilitation of first degree murder and a concurrent sentence of 23 years for especially aggravated robbery. In this appeal of right, the defendant challenges the sufficiency of the evidence. The judgments are affirmed. http://www.tba.org/tba_files/TCCA/johnsonm.wpd STATE OF TENNESSEE v. TONY D. JOHNSON Court:TCCA Attorneys: Patricia A. Woods, Memphis, Tennessee, for the appellant, Tony D. Johnson. Paul G. Summers, Attorney General and Reporter; Mark E. Davidson, Assistant Attorney General; William L. Gibbons, District Attorney General; and John Tibbetts, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Tony D. Johnson, was convicted by a Shelby County jury of felony possession of cocaine with intent to sell. After a sentencing hearing, the Defendant was sentenced to ten years as a Range I standard offender. In this appeal as of right, the Defendant contends that (1) the evidence presented at trial is insufficient to support the jury's verdict of guilty beyond a reasonable doubt and (2) the trial court erred in imposing a ten year sentence. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/johnsontd.wpd STATE OF TENNESSEE v. BERNARD KEYS Court:TCCA Attorneys: A.C. Wharton, Jr., Public Defender; and Josh Spickler (at trial and on appeal) and Gregory T. Carman (at trial only), Assistant Public Defenders, for the appellant, Bernard Keys. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; William L. Gibbons, District Attorney General; and Stephen P. Jones, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The Shelby County Grand Jury returned two indictments against the defendant, one for aggravated burglary and one for misdemeanor evading arrest. The trial court consolidated the indictments prior to trial pursuant to Tenn. R. Crim. P. 8(b). The defendant was found guilty of both charges by a Shelby County jury. In this appeal, the defendant contends (1) the evidence is insufficient to sustain his convictions; and (2) the trial court improperly consolidated the indictments. After a thorough review of the record, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/keysb.wpd STATE OF TENNESSEE v. JOSEPH MATTHEW MAKA Court:TCCA Attorneys: George Morton Googe, District Public Defender (at trial and on appeal); and Nina Wong Seiler, Assistant District Public Defender (on appeal), for the appellant, Joseph Matthew Maka. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and James W. Thompson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: Indicted for the offense of premeditated first degree murder, defendant was convicted of the lesser- included offense of second degree murder and sentenced to twenty-three years. In this appeal as of right, defendant presents the following issues: (1) whether the evidence was sufficient to support the verdict; (2) whether the trial court erred in failing to grant a mistrial when the state referred to defendant's being in jail pending trial; (3) whether the trial court erred in admitting defendant's prior misdemeanor convictions for impeachment purposes; (4) whether the trial court erred in failing to grant a mistrial when the prosecutor misstated the evidence in final argument; (5) whether the trial court erred in failing to grant a mistrial when extraneous prejudicial information was present during jury deliberations; and (6) whether the sentence was excessive. We find no error and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/makajm.wpd STATE OF TENNESSEE v. DANNY MUNSON Court:TCCA Attorneys: Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, Assistant Attorney General; and James Powell, Assistant District Attorney General, for the appellant, State of Tennessee. Jeffrey Jones, Memphis, Tennessee, for the appellee, Danny Munson. Judge: WADE First Paragraph: This is an interlocutory appeal by the state from an order by the trial court excluding a .20 breathalyzer result from consideration in the imposition of an enhanced sentence for a DUI offense. The order is vacated and the cause is remanded for trial. http://www.tba.org/tba_files/TCCA/munsond_opn.wpd RILEY CONCURRING http://www.tba.org/tba_files/TCCA/munsond_con.wpd STATE OF TENNESSEE v. JOE SCOTT Court:TCCA Attorneys: A.C. Wharton, Jr., Public Defender (of counsel); W. Mark Ward, Assistant Public Defender (on appeal); and Michael Johnson, Assistant Public Defender (at trial), for the appellant, Joe Scott. Paul G. Summers, Attorney General & Reporter; P. Robin Dixon, Assistant Attorney General; and Jennifer Nichols, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Joe Scott, was convicted of aggravated robbery. The trial court imposed a Range II sentence of 19 years. In this appeal of right, the defendant challenges the sufficiency of the evidence. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/scottjoe.wpd STATE OF TENNESSEE v. CLIFTON SHELTON Court:TCCA Attorneys: Marvin E. Ballin, Memphis, Tennessee, for the appellant, Clifton Shelton. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; and Glen Baity, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WADE First Paragraph: The defendant, Clifton Shelton, pled guilty to simple possession of marijuana, a Class A misdemeanor. The trial court sentenced the defendant to 11 months and 29 days, requiring him to spend four months in a halfway house and the balance of his sentence on probation. The defendant argues that the trial court erred by failing to suspend his entire sentence. Because the trial court relied on the defendant's prior grant of judicial diversion in denying full probation, the judgment is modified and the cause is remanded to the trial court. http://www.tba.org/tba_files/TCCA/sheltonc.wpd STATE OF TENNESSEE v. JONATHAN TRICE Court:TCCA Attorneys: George Morton Googe and Stephen P. Spracher, Jackson, Tennessee, for the appellant, Jonathan Trice. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; Jerry Woodall, District Attorney General; and Jody S. Pickens, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The appellant, Jonathan Trice, pled guilty in the Chester County Circuit Court to five counts of theft and was sentenced to a total of four years incarceration in the Tennessee Department of Correction. The appellant's sentence was then suspended, and the appellant was granted service in a community corrections program. Due to the appellant's failure to comply with the terms of community corrections, the trial court revoked the appellant's suspended sentence and ordered that the appellant serve his sentence in confinement as originally ordered. The appellant appeals this ruling. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/tricej.wpd STATE OF TENNESSEE v. CHARLES DAVID VANDERFORD Court:TCCA Attorneys: Chadwick G. Hunt, Savannah, Tennessee, and J. Daniel Freemon, Lawrenceburg, Tennessee, for the appellant, Charles David Vanderford. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Robert "Gus" Radford, District Attorney General; and John W. Overton, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The appellant, Charles David Vanderford, appeals the order of the Circuit Court of Hardin County revoking the community corrections sentences that he received following his convictions by a jury of two counts of possession of a controlled substance with intent to sell. The appellant challenges the trial court's reliance upon his commission of crimes during the pendency of his appeal from his convictions of felony drug possession and prior to the commencement of his community corrections sentences. Following a review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/vanderfordcd.wpd STATE OF TENNESSEE v. JAMES WHITELOW and ROBERT ROBERTSON Court:TCCA Attorneys: Herman L. Reviere, Ripley, Tennessee (at trial), and Marcus M. Reaves, Jackson, Tennessee (on appeal), for the appellant, James Whitelow. J. Thomas Caldwell, Ripley, Tennessee, for the appellant, Robert Robertson. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Tracey A. Brewer, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: Defendants James Whitelow and Robert Robertson appeal their convictions for possession of cocaine in an amount over 26 grams with intent to deliver. Both argue the evidence was not sufficient to support their convictions. Whitelow also argues the forensic report was erroneously admitted into evidence, and the jury's verdict was the result of passion and prejudice caused by the prosecutor's statements regarding Whitelow's alias nickname. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/whitelowj.wpd STATE OF TENNESSEE v. WALDO WIGGINS, JR. Court:TCCA Attorneys: C. Michael Robbins, Memphis, Tennessee (on appeal) and Gary F. Antrican, District Public Defender; and David S. Stockton, Assistant Public Defender, (at trial) for the appellant, Waldo Wiggins, Jr. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; Walt Freeland, Assistant District Attorney General; and Kim Linville, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Following transfer to circuit court for trial as an adult, the juvenile defendant, Waldo Wiggins, Jr., was convicted of first degree murder. On appeal, Defendant challenges (1) whether the denial of bail by the juvenile court and subsequent bond of $ 250,000 set by the circuit court violated his right to due process of law, and (2) whether the evidence was sufficient to support his conviction. After a review of the record, we affirm. http://www.tba.org/tba_files/TCCA/wigginsw.wpd ERIC WRIGHT v. STATE OF TENNESSEE Court:TCCA Attorneys: Eric Wright, Only, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; William L. Gibbons, District Attorney General; and Stephen P. Jones, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Petitioner filed a petition for post-conviction relief on December 11, 2000, in which he attacked convictions entered in September 1990 and upon which final appellate action was taken in 1992. The post-conviction court dismissed the petition without a hearing, because it was filed outside the statute of limitations. Concluding that the post-conviction court erred by dismissing the petition without an evidentiary hearing, we reverse and remand to the post-conviction court for such a hearing. http://www.tba.org/tba_files/TCCA/wrighte_opn.wpd TIPTON DISSENTING http://www.tba.org/tba_files/TCCA/wrighte_dis.wpd Removal and Development of Designated Natural Areas Under Natural Areas Preservation Act Date: December 12, 2001 Opinion Number: 01-170 http://www.tba.org/tba_files/AG/OP170.pdf Right of a Pipeline Corporation to Condemn an Easement for its Pipelines for the Transportation and Distribution of Liquid Petroleum Products Date: December 21, 2001 Opinion Number: 01-171 http://www.tba.org/tba_files/AG/OP171.pdf Legislature's Power to Create Commission to Set or Regulate State Taxes Date: December 18, 2001 Opinion Number: 01-172 http://www.tba.org/tba_files/AG/OP172.pdf PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN TBALink! SUBSCRIBE TO OPINION FLASH! 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