Opinion FlashMarch 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.
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Howard H. Vogel
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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