Opinion FlashFebruary 26, 2002
Volume 8 Number 036
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. DANNY DAVIDSON Court:TCCA Attorneys: C. Michael Robbins, Memphis, Tennessee (on appeal); Joseph P. Atnip, District Public Defender (at trial and on appeal); and Kevin David McAlpin, Assistant District Public Defender (at trial and on appeal), for the appellant, Danny L. Davidson. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; and Thomas A. Thomas, District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: Defendant was convicted of attempted manufacture of methamphetamine. On appeal, defendant submits that the evidence was insufficient to support the conviction, and the trial court erred in not charging the jury on facilitation. We conclude the evidence was sufficient to uphold the conviction, and defendant was not entitled to an instruction on facilitation. We affirm. http://www.tba.org/tba_files/TCCA/davidsond.wpd
STATE OF TENNESSEE v. WINFRED LEE FAULCON Court:TCCA Attorneys: Charles S. Kelly, Jr., Dyersburg, Tennessee, for the Appellant, Winfred Lee Faulcon. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Kim R. Helper, Assistant Attorney General; C. Phillip Bivens, District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Winfred Lee Faulcon, was convicted after a trial by jury of two offenses of possession of a Schedule VI controlled substance, marijuana, with intent to sell, which stemmed from events that occurred on October 21st and November 16th of 2000. Faulcon received two consecutive eighteen-month community corrections sentences with nine months of continuous confinement in the county jail. On appeal, Faulcon raises the following issues for our review: (1) whether the State's action of releasing a witness which the State had subpoenaed for trial constituted misconduct when the witness thereafter became unavailable to the defense; (2) whether the evidence was sufficient to support his convictions; (3) whether the two charges against Faulcon should have been considered as one continuing criminal enterprise and thus, would have resulted in the imposition of only one sentence; (4) whether the trial court erred in imposing a sentence in excess of the minimum necessary for class E felonies; and (5) whether the trial court erred in not imposing an alternative non-incarcerative sentence for the entire period. After a review of the record, we find that Faulcon's issues are without merit. Accordingly, the judgment of the Dyer County Circuit Court is affirmed. http://www.tba.org/tba_files/TCCA/faulconw.wpd
TRAVIS POOLE v. STATE OF TENNESSEE Court:TCCA Attorneys: Jeffrey J. Mueller, Jackson, Tennessee, for the appellant, Travis Poole. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Alfred L. Earls, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: In his petition for post-conviction relief, petitioner alleges that he received ineffective assistance of counsel, he illegally pled guilty to second degree murder, and his guilty plea was not made knowingly and voluntarily. The trial court dismissed the petition. We affirm. http://www.tba.org/tba_files/TCCA/poolet.wpd
MAURICE PIERRE TEAGUE v. STATE OF TENNESSEE Court:TCCA Attorneys: Benjamin S. Dempsey, Huntingdon, Tennessee, for the appellant, Maurice Pierre Teague. Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr., Assistant Attorney General; Robert G. Radford, District Attorney General; and Eleanor Cahill, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The petitioner was convicted of possession of a controlled substance with intent to sell, and his conviction was affirmed on direct appeal. In his petition for post-conviction relief, he asserted that trial counsel was ineffective. The post-conviction court dismissed the petition, following a hearing. We affirm the order of the post-conviction court. http://www.tba.org/tba_files/TCCA/teaguem.wpd
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