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Opinion Flash May 1, 2002Volume 8 — Number 075 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. KEITH A. OTEY Court:TCCA Attorneys: C. Dawn Deaner, Assistant Public Defender, Nashville, Tennessee, for appellant, Keith A. Otey. Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Bret Gunn, Assistant District Attorney General, for appellee, State of Tennessee. Judge: SMITH First Paragraph: The Defendant, Keith A. Otey, was convicted one count of driving on a revoked license and one count of possession of .5 grams or more of crack cocaine with the intent to sell or deliver. After a sentencing hearing, the trial court sentenced the Defendant as a Range I standard offender to ten days for the revoked license conviction and ten years and a $2,000 fine for the drug conviction. The sentences were to be served concurrently. On appeal, the Defendant argues that the trial court erred in (1) denying the Defendant's motion to suppress evidence seized from and a statement made by the Defendant as a result of an illegal stop; (2) allowing the State to introduce evidence of a prior cocaine sale made by the Defendant; (3) allowing hearsay evidence regarding the Defendant's prior cocaine sale; and (4) ruling that a ten-year-old incident involving the Defendant giving a false name to a police officer could be used to impeach the Defendant if he chose to testify. We reverse the judgment of the trial court and remand for further proceedings consistent with this opinion. http://www.tba.org/tba_files/TCCA/oteykeith.wpd STATE OF TENNESSEE v. GREGORY SCOTT PAYNE Court:TCCA Attorneys: Fannie J. Harris, Nashville, Tennessee, for the appellant, Gregory Payne. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Bernard F. McEvoy, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Gregory Scott Payne, was indicted by a Davidson County Grand Jury for one count of sexual battery, one count of attempted rape, and two counts of rape. Following a trial, the jury found Defendant guilty of one count of sexual battery, a Class E felony, as a lesser-included offense of one of the rape charges, and not guilty of the remaining offenses. The trial court subsequently sentenced Defendant as a standard Range I offender to two years in confinement. In this appeal, Defendant asserts that (1) the evidence was insufficient to support his conviction, and (2) the trial court erred by denying his motion to strike the victim's testimony or declare a mistrial (based on the failure of the police to produce the taped recording of the victim's statement). Defendant also contends that the trial court erred by imposing the maximum sentence length and by denying him probation or any other form of alternative sentencing. After reviewing the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/paynegregory.wpd GREGORY PIGG v. STATE OF TENNESSEE Court:TCCA Attorneys: William J. Eledge, Lawrenceburg, Tennessee, for the appellant, Gregory Pigg. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; T. Michael Bottoms, District Attorney General; and J. Douglas Dicus, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The petitioner originally pled guilty to aggravated rape and, by agreement, was sentenced to fifteen years imprisonment. Petitioner timely sought post-conviction relief, which was denied by the post- conviction court. In this appeal, the petitioner contends he received ineffective assistance of counsel. We disagree and affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/piggg.wpd BRIAN ROBERSON v. STATE OF TENNESSEE Court:TCCA Attorneys: Georgia Ann Blythe Felner, Franklin, Tennessee, for the appellant, Brian Roberson. Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Derek K. Smith, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The petitioner appeals the trial court's denial of his petition for post-conviction relief. He claims that he received ineffective assistance of counsel. After review, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/robersonb.wpd STATE OF TENNESSEE v. JESSE R. SCRUGGS Court:TCCA Attorneys: John H. Henderson, District Public Defender, and Eugene J. Honea, Assistant Public Defender, for the appellant, Jesse R. Scruggs. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Sharon E. Guffee, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant was convicted of DUI and driving in violation of a Habitual Traffic Offender Order. Based upon our review of the record, we conclude that there is sufficient evidence corroborating the defendant's statement that he was driving. Furthermore, the trial court is presumed to have fulfilled its role as thirteenth juror when, as in the instant case, the trial court overrules a defendant's motion for new trial without comment. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/scruggsjr.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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