Opinion Flash

February 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.

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
04 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. 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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