Opinion Flash

March 22, 2002
Volume 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.

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
07 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. 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

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