Opinion FlashMarch 22, 2002Volume 8 — Number 053 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. PERCY M. CUMMINGS Court:TCCA Attorneys: C. Michael Robbins and William D. Massey, Memphis, Tennessee, for the Appellant, Percy M. Cummings. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Kim R. Helper, Assistant Attorney General; William L. Gibbons, District Attorney General; and Thomas Hoover, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Percy M. Cummings, was convicted by a Shelby County jury of second degree murder and was sentenced to twenty-four years in the Department of Correction. On appeal, Cummings contends that the evidence presented at trial was insufficient to support the jury's verdict. After review, we find no error and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/cummingsp.wpd DARREL HOWARD v. STATE OF TENNESSEE Court:TCCA Attorneys: Bill Anderson, Jr., Memphis, Tennessee, for the Appellant, Darrel Howard. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; Betsy Carnesale, Assistant District Attorney General; and Stephanie Johnson, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: Pursuant to a plea agreement, the Petitioner pleaded guilty to nine counts of aggravated robbery and five counts of aggravated assault. The trial court sentenced the Petitioner to an effective sentence of twenty years in the Tennessee Department of Correction. The Petitioner subsequently filed for post-conviction relief, claiming that his plea was constitutionally defective because he was inadequately represented at the time of the plea and because the plea was not voluntarily, knowingly, and intelligently entered. The post-conviction court denied relief. After review, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/howardd.wpd MARIO LAMBERT v. JACK MORGAN, WARDEN Court:TCCA Attorneys: Mario Lambert, Only, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; and Ron Davis, District Attorney General. Judge: WELLES First Paragraph: The Defendant, Mario Lambert, appealed as of right from the trial court's dismissal of his petition for writ of habeas corpus. This Court held that the trial court was without authority to sentence the Defendant as a Range I standard offender with a thirty percent release eligibility for the offense of second degree murder. We therefore concluded that, based on the record before us, the sentence imposed appeared to be an illegal sentence. We therefore reversed the judgment of the trial court dismissing the petition and remanded the case for further proceedings. See Mario Lambert v. Jack Morgan, Warden, No. M1999-02321-CCA-R3-PC, 2001 Tenn. Crim. App. LEXIS 599 (Nashville, Aug. 7, 2001). On January 23, 2002, our supreme court remanded this case to us, directing us to reconsider our opinion in light of State v. Burkhart, 566 S.W.2d 871 (Tenn. 1978), and further directed us, on remand, to "clarify the action to be taken by the Criminal Court pursuant to the opinion of the Court of Criminal Appeals when the case is remanded to the trial court." We again reverse the judgment of the trial court summarily dismissing the habeas corpus petition and remand this case to the trial court for further proceedings. http://www.tba.org/tba_files/TCCA/lambertm.wpd COREY L. MALONE v. STATE OF TENNESSEE Court:TCCA Attorneys: Mike Anderson, Nashville, Tennessee, for the appellant, Corey L. Malone. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Kymberly Haas, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The petitioner originally pled guilty, pursuant to a negotiated plea agreement, to second degree murder and especially aggravated robbery for an effective sentence of twenty years. The petitioner filed a post-conviction relief petition, which was denied by the post-conviction court. In this appeal, the petitioner contends (1) he received ineffective assistance of counsel, and (2) his guilty pleas were unknowingly and involuntarily entered. After review, we affirm. http://www.tba.org/tba_files/TCCA/malonecl.wpd TERRANCE PERKINS v. STATE OF TENNESSEE Court:TCCA Attorneys: Clifford E. Whitaker, Jr., Memphis, Tennessee, 38122, for the Appellant, Terrance Perkins. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Jennifer L. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and Julie Mosley, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Terrance Perkins, appeals the dismissal of his petition for post-conviction relief by the Shelby County Criminal Court. In 1998, Perkins pled guilty to two counts of attempted first- degree murder, five counts of aggravated assault, one count of felon in possession of a handgun, and one count of felony escape. Perkins, a Range I Standard Offender, received an effective thirty-one- year sentence to be served in the Department of Correction. On appeal, Perkins, challenges the validity of his guilty plea upon grounds of: (1) voluntariness and (2) ineffective assistance of counsel. After a review of the record, the judgment of the post-conviction court dismissing the petition is affirmed. http://www.tba.org/tba_files/TCCA/perkins.wpd PATRICK E. SIMPSON v. STATE OF TENNESSEE Court:TCCA Attorneys: Patrick E. Simpson, Clifton, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Jon P. Seaborg, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The petitioner originally pled guilty, pursuant to a negotiated plea agreement, to two counts of aggravated assault for agreed sentences of three years on each count, to run concurrently with each other but consecutively to a parole violation. The petitioner over two years later filed a "Petition for Review of Sentence" with the trial court alleging the judgment form omitted mention of the agreed upon pretrial jail credits. The trial court dismissed the petition finding it was without jurisdiction since the petitioner was "serving his sentence with TDOC for his parole violation." The petitioner challenges this ruling in this appeal, and additionally alleges he is serving his sentence in the Department of Correction, rather than at the Davidson County Workhouse, in contravention of his written plea agreement. We dismiss the appeal. http://www.tba.org/tba_files/TCCA/simpsonpe.wpd STATE OF TENNESSEE v. JAMES WESLEY STROMBERGH Court:TCCA Attorneys: John C. Cavett, Jr., Chattanooga, Tennessee, for the Appellant, James Wesley Strombergh. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; William H. Cox, III, District Attorney General; and Thomas E. Kimball, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Hamilton County jury found the Defendant guilty of third offense driving under the influence and imposed a fine of $10,000. The trial court sentenced the Defendant to eleven months and twenty- nine days' incarceration, ordered him to attend an alcohol rehabilitation program, and revoked his license for a period of five years. In this appeal as of right, the Defendant contests the sufficiency of the convicting evidence and argues that the trial court erred by admitting evidence of his restricted driver's license. Although we conclude that sufficient evidence was presented at trial to support the Defendant's conviction, we conclude that evidence concerning the Defendant's restricted driver's license was improperly admitted at trial. We therefore reverse the Defendant's conviction and remand the case to the trial court for a new trial. http://www.tba.org/tba_files/TCCA/stromberghjw.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN TBALink! SUBSCRIBE TO OPINION FLASH! For the HTML Text Version: UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! 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