Opinion FlashApril 4, 2002Volume 8 — Number 061 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 WILLIAM ANDREW DIXON v. FLORA J. HOLLAND, WARDEN CORRECTED OPINION Court:TSC Attorneys: Thomas F. Bloom, Nashville, Tennessee, for the appellant, William Andrew Dixon. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Kim R. Helper, Assistant Attorney General; and Pamela S. Lorch, Assistant Attorney General, for the appellees, Donal Campbell, Commissioner for the Department of Corrections, and Flora Holland, Warden. Judge: HOLDER First Paragraph: We granted review in these consolidated cases to determine (1) whether William Andrew Dixon's sentence under Tenn. Code Ann. S 39-2603 (1975) is void and thus subject to habeas corpus relief; and (2) whether Tenn. Code Ann. S 41-21-236(c) (1997) applies to Dixon's sentence. We hold that Dixon's sentence is void and grant habeas corpus relief. We further hold that Dixon is entitled to any sentence reduction credits earned from 1988 until 1998. Our grant of habeas corpus relief pretermits the remaining issues raised by Dixon. Accordingly, the judgment of the Court of Criminal Appeals is reversed, and the case is remanded to the criminal court for proceedings consistent with this opinion. CORRECTED OPINION http://www.tba.org/tba_files/TSC/dixonwill.wpd GARY WAYNE ROBERTSON v. LORI VANHOOSER ROBERTSON Court:TSC Attorneys: Selma Cash Paty and Sherry Bailey Paty, Chattanooga, Tennessee, for the appellant, Gary Wayne Robertson. Leroy Phillips, Jr., Chattanooga, Tennessee, for the appellee, Lori Vanhooser Robertson. Judge: HOLDER First Paragraph: We granted this appeal to address the means for determining whether a disadvantaged spouse can be "rehabilitated" under S 36-5-101(d)(1) of the Tennessee Code Annotated. We hold that a trial court must consider all relevant factors in S 36-5-101(d)(1) to determine whether an economically disadvantaged spouse can be rehabilitated. Because the trial court properly applied the relevant statutory factors, we affirm the trial court's award of alimony, as modified, in this case. http://www.tba.org/tba_files/TSC/robertgw.wpd RAYMOND D. WORKMAN, ET UX V. WAL-MART STORES EAST, INC., ET AL. Court:TCA Attorneys: Dwight Tracey Shaw and G. Andrew Rowlett, Nashville, Tennessee, for the Appellants, Wal-mart Stores East, Inc., et al. Charles Timothy Tisher, Columbia, Tennessee, for the Appellees, Raymond D. Workman and Nola Ann Workman. Judge: DANIEL First Paragraph: This is an appeal by Wal-Mart, Inc., from a jury verdict and a judgment totaling $30,000 in favor of Raymond D. Workman and Nola Ann Workman, for damages caused by a slip and fall Mr. Workman suffered at Wal-Mart's store. Wal-Mart, Inc. has appealed this judgment insisting that the trial court erred by not setting aside the jury verdict and directing a verdict in their favor, or not granting a new trial. For the reasons stated in this opinion, we affirm the trial court's decision and remand the case. http://www.tba.org/tba_files/TCA/walmart.wpd AARON BURTON v. STATE OF TENNESSEE Court:TCCA Attorneys: Aaron Burton, Pikeville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; and Bill Cox, District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Aaron Burton, pled guilty to second degree murder in 1997. He subsequently filed for post-conviction relief, alleging ineffective assistance of counsel. After a hearing, the Defendant's petition was denied, and this Court affirmed the trial court's judgment. See Aaron Burton v. State, No. E1999-01616-CCA-R3-CD (Tenn. Crim. App., Knoxville, March 31, 2000). The Defendant subsequently filed the instant proceeding, styled "Petition for Post-Conviction Relief and/or to Reopen." Finding that the Defendant failed to establish any grounds for reopening his previous petition, the trial court denied relief. The Defendant now appeals. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/burtona.wpd STATE OF TENNESSEE v. ADRIAN DEE CLARK Court:TCCA Attorneys: Donna R. Miller, Assistant District Public Defender, Chattanooga, Tennessee, for the appellant, Adrian Dee Clark. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; Bill Cox, District Attorney General; and Christopher Poole, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Adrian Dee Clark, pled guilty to one count of aggravated assault. After a sentencing hearing, the trial court sentenced the Defendant as a Range I standard offender to serve five (5) years in the Department of Correction. On appeal, the Defendant contends that the trial court erred by (1) sentencing him to five years and (2) denying him probation or alternative sentencing. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/clarkad.wpd STATE OF TENNESSEE v. KATHY JANE GILES Court:TCCA Attorneys: Donald E. Parish, Huntingdon, Tennessee, for the Appellant, Kathy Jane Giles. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Renee W. Turner, Assistant Attorney General; G. Robert Radford, District Attorney General; and Steven L. Garrett, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Kathy Jane Giles, was convicted by a Henry County jury of DUI, unlawful possession of a weapon, possession of drug paraphernalia, and four counts of felony possession of a controlled substance with the intent to deliver or sell. For these convictions, Giles received an effective three- year Community Corrections sentence with one year to be served in confinement. On appeal, Giles raises the following issues for our review: (1) whether the evidence presented at trial was sufficient to support the convictions; and (2) whether she received ineffective assistance of counsel at trial. After review, we find no error and affirm the judgment. http://www.tba.org/tba_files/TCCA/gileskj.wpd STATE OF TENNESSEE v. RANDY G. McDANIEL Court:TCCA Attorneys: Steven L. West, McKenzie, Tennessee, for the appellant, Randy G. McDaniel. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; G. Robert Radford, District Attorney General; and Steven L. Garrett, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant entered pleas of guilty to two counts of manufacturing a Schedule II controlled substance and was sentenced to concurrent three-year sentences. The trial court further ordered that the defendant have split confinement, with supervised probation after serving one year in the Tennessee Department of Correction. The defendant appeals this sentence, arguing that he should be eligible for parole after service of 30% of the sentence, that his sentence should be served at the county workhouse, and that he should receive sentence credits. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/mcdanielrg.wpd STATE OF TENNESSEE v. ARTHUR M. MEFFORD Court:TCCA Attorneys: Martha J. Yoakum, District Public Defender, and John A. Beaty, Assistant District Public Defender, for the appellant, Arthur M. Mefford. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; William Paul Phillips, District Attorney General; and William Todd Longmire, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: Defendant appeals the trial court's denial of alternative sentencing. The record on appeal is insufficient in that there is no transcript of defendant's guilty plea hearing or other evidence to review. We, therefore, dismiss the appeal. http://www.tba.org/tba_files/TCCA/meffordam.wpd STATE OF TENNESSEE v. RODNEY K. MOORE Court:TCCA Attorneys: Juni S. Ganguli, Memphis, Tennessee, for the Appellant, Rodney K. Moore. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Braden H. Boucek, Assistant Attorney General; William L. Gibbons, District Attorney General; and Jim Lammey and Michael Davis, Assistant District Attorneys General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Rodney K. Moore, was convicted by a Shelby County jury of sale of cocaine less than .5 grams, a class C felony. Moore was sentenced as a Range II offender, to ten years in the Department of Correction. He now appeals his conviction and sentence, raising the following issues for our review: (1) whether there was sufficient evidence presented at trial to support the conviction; (2) whether there was cumulative error sufficient to justify a new trial; and (3) whether the trial court erred by sentencing Moore to serve the maximum sentence within his range. After review, we find no error and affirm the judgment. http://www.tba.org/tba_files/TCCA/moorerk.wpd KEITH U. TATE v. STATE OF TENNESSEE Court:TCCA Attorneys: Jeffery S. Glatstein, Memphis, Tennessee, for appellant, Keith U. Tate. Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General, William L. Gibbons, District Attorney General; and Johnnie McFarland, Assistant District Attorney, for appellee, State of Tennessee. Judge: SMITH First Paragraph: The petitioner, Keith U. Tate, was tried with his co-defendant/brother for aggravated rape. The petitioner was convicted of having committed aggravated sexual battery. The trial court sentenced him to serve seventeen years as a Range II offender. The petitioner filed a motion for new trial, which the trial court denied. The petitioner appealed the trial court's denial of his motion to this Court, and we affirmed the trial court's ruling. See State v. Keith U. Tate, No. 02C01-9406-CR- 00132, 1997 Tenn. Crim. App. LEXIS 18, at *1 (Tenn. Crim. App. at Jackson, Jan. 19, 1997). Subsequently, the petitioner filed for post-conviction relief, alleging that he received ineffective assistance of counsel at both the trial and appellate levels. After conducting a hearing, the post- conviction court dismissed the petition, and the petitioner now brings this appeal challenging that dismissal. After reviewing the record, we find that the petitioner has failed to prove by clear and convincing evidence that he received ineffective assistance of counsel. http://www.tba.org/tba_files/TCCA/tatekeith.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! To STOP receiving TBALink Opinion-Flash: Home • Contact Us • PageFinder • What's New • Help |
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