Opinion Flash

March 5, 2002
Volume 8 — Number 040

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
01 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


STAN WALLACE MOSLEY v. CARRIE LYNN CHECCHI MOSLEY

Court:TCA

Attorneys:

Daniel D. Coughlin, Kingsport, Tennessee, for Appellant, Stan Wallace
Mosley.

Judith Fain, Johnson City, Tennessee, for Appellee, Carrie Lynn
Checchi Mosley.                         

Judge: FRANKS

First Paragraph:

In this divorce case, the husband appealed the classification and
division of the parties' marital property and the basis for awarding
child support.  We affirm the Trial Court's Judgment, as modified.

http://www.tba.org/tba_files/TCA/mosleys.wpd

STATE OF TENNESSEE v. FREDERICK G. ANDERSON

Court:TCCA

Attorneys:  

F. Michie Gibson, Jr., Nashville, Tennessee, for the Appellant,
Frederick G. Anderson.

Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, Assistant
Attorney General; Victor S. Johnson, III, District Attorney General;
and Kimberly Cooper and Shelli Neal, Assistant District Attorneys
General, for the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

Frederick G. Anderson appeals his convictions of two counts of
attempted aggravated rape, aggravated kidnapping and aggravated
burglary.  He received his convictions at the conclusion of a jury
trial in the Davidson County Criminal Court.  Presently serving an
effective nine-year sentence as a violent offender, he challenges the
sufficiency of the convicting evidence in this appeal.  Because we are
unpersuaded by the defendant's claims, we affirm.

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

STATE OF TENNESSEE v. HOBERT DEAN DAVIS

Court:TCCA

Attorneys:  

J. Thomas Marshall, Jr., District Public Defender, and Nancy Carol
Meyer, Assistant District Public Defender, for the appellant, Hobert
Dean Davis.

Paul G. Summers, Attorney General and Reporter; Patricia C. Kussmann,
Assistant Attorney General; James N. Ramsey, District Attorney
General; and Janice G. Hicks, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The defendant pled guilty to burglary (Count One), theft (Count Two),
and vandalism (Count Three) and was sentenced pursuant to a plea
agreement to two (2) years for Count One and eleven months and
twenty-nine days for both Count Two and Count Three. Counts Two and
Three were to be served concurrently but consecutively to Count One.
The judgment forms entered for each count indicated that the defendant
was to receive 201 days of pretrial jail credit. Sixteen months after
the final judgments were entered, the state moved the trial court to
correct the original judgments pursuant to Tennessee Rule of  Criminal
Procedure 36. Thereafter, corrected judgments were entered for Counts
Two and Three indicating that the defendant was to receive 0 days
pretrial jail credit on those counts. Generally, a trial court loses
jurisdiction to amend a judgment once it becomes final.  After a
thorough review of the record, we conclude that the trial court did
not make a finding as to whether there was a clerical mistake or 
mistake of law in the original judgments.  Absent a finding that there
was a clerical mistake, the trial court was without jurisdiction to
alter the final judgments.  Therefore, we reverse the judgments as
corrected and remand to the trial court for determination of whether
there was a clerical error in the original judgments.

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

STATE OF TENNESSEE v. KENNETH PAUL DYKAS

Court:TCCA

Attorneys: 

L. Gilbert Anglin and David Bragg, Murfreesboro, Tennessee, for the
appellant, Kenneth Paul Dykas.

Paul G. Summers, Attorney General and Reporter; Jennifer Smith,
Assistant Attorney General; William C. Whitesell, Jr., District
Attorney General; Thomas F. Jackson, Jr., Assistant District Attorney
General; and J. Paul Newman, Assistant District Attorney General, for
the appellee, State of Tennessee.                         

Judge: WITT

First Paragraph:

After a lengthy trial, a Rutherford County jury found the defendant,
Kenneth Paul Dykas, guilty of first-degree murder, especially
aggravated robbery, and conspiracy to commit especially aggravated
robbery.  Following a separate penalty trial on the first-degree
murder conviction, the same jury sentenced the defendant to life
without the possibility of parole, and the trial court subsequently
sentenced the defendant as a Range I offender to eleven years on the
conspiracy conviction and as a violent offender to 24 years on the
especially aggravated robbery conviction.  The trial-court- imposed
sentences were ordered to run concurrently with one another but
consecutively to the first- degree murder sentence.  In this appeal,
the defendant complains that the evidence is insufficient, that
numerous errors in the jury selection process taint his convictions,
that DNA test results were improperly admitted, that the state
suppressed exculpatory evidence about its jailhouse informant who
testified at trial, and that consecutive sentencing was not justified.
 After a comprehensive review of the record, the briefs of the
parties, and the applicable law, we affirm the judgment of the trial
court.

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

JOSEPH AZELL LEE v. STATE OF TENNESSEE

Court:TCCA

Attorneys:  

Jeffrey S. Schaarschmidt, Chattanooga, Tennessee, for the appellant,
Joseph Azell Lee.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; William H. Cox, III, District Attorney
General; and Barry A. Steelman, Assistant District Attorney General,
for the appellee, State of Tennessee.                        

Judge: TIPTON

First Paragraph:

The petitioner appeals from the Hamilton County Criminal Court's
denying him post-conviction relief from his 1998 conviction for the
attempt to commit aggravated assault and ensuing twelve-year sentence
as a career offender.  He contends that he received the ineffective
assistance of counsel.  We affirm the conviction.

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

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