Opinion FlashJuly 1, 2002Volume 8 — Number 113 Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version.
Howard H. Vogel STATE OF TENNESSEE v. RONNIE DANIEL Court:TCCA Attorneys: Robert D. Massey, Pulaski, Tennessee, for the appellant, Ronnie Daniel. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Mike Bottoms, District Attorney General; and J. Douglas Dicus, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: On March 6, 1997, the defendant pled guilty to a two-count indictment for passing worthless checks in an amount over $10,000, a Class C felony, and in an amount over $1,000, a Class D felony. He was granted judicial diversion and placed on probation. The trial court subsequently revoked the defendant's diversion and sentenced him to concurrent sentences of four years and six months for the Class C felony and two years for the Class D felony, all suspended except seven months service in the county jail. In this appeal, the defendant contends he should have received full probation or community corrections upon being revoked from judicial diversion. We disagree and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/danielr.wpd STATE OF TENNESSEE v. WILLIE GIVENS Court:TCCA Attorneys: David A. Gold and Lance B. Mayes, Nashville, Tennessee (on appeal), and Randy P. Lucas, Gallatin, Tennessee (at trial), for the appellant, Willie Givens. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and Sallie Wade Brown, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The appellant, Willie Givens, appeals his convictions by a jury in the Sumner County Criminal Court of four counts of rape of a child and eight counts of aggravated sexual battery. The trial court sentenced the appellant to consecutive terms of twenty-three years incarceration in the Tennessee Department of Correction for each rape of a child offense and concurrent terms of ten years incarceration in the Department for each aggravated sexual battery offense, resulting in an effective sentence of ninety-two years. The appellant is required to serve 100% of his sentences for rape of a child and aggravated sexual battery in accordance with the terms of Tenn. Code Ann. S 39-13-523 (1997) and Tenn. Code Ann. S 40-35-501(i) (1997). On appeal, the appellant raises the following issues for our consideration: (1) whether the trial court erred in failing to discharge juror Sadie Groves during the appellant's trial; (2) whether the trial court erred in admitting at trial audio tape recordings of extrajudicial statements made by the appellant following his offenses; (3) whether the State failed to properly elect an offense for each count of the indictment; (4) whether the evidence adduced at trial is insufficient to support the jury's verdicts; (5) whether the cumulative effect of any errors requires the reversal of the appellant's convictions and the remand of this case for a new trial; and (6) whether the trial court imposed excessive sentences. Following a thorough review of the record and the parties' briefs, we affirm in part, affirm and remand in part, reverse and remand in part, reverse and dismiss in part, and merge in part the judgments of the trial court. http://www.tba.org/tba_files/TCCA/givenswi.wpd STATE OF TENNESSEE v. BARRY K. HARRIS Court:TCCA Attorneys: John K. Henderson, District Public Defender, and Cynthia Diane Crosier, Assistant Public Defender, for the appellant, Barry K. Harris. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Sharon T. Guffee, Assistant District Attorney, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant was convicted of theft over $500.00, two counts of theft over $1000.00, and driving on a suspended license with prior convictions. He was given an effective sentence of eighteen years in the Department of Correction. The defendant contends that the sentence imposed by the trial court is excessive. The trial court followed the statutory sentencing procedure, imposed a lawful sentence after considering and weighing the proper factors and principles set out under sentencing law, and the trial court's findings of fact are supported by the record. Accordingly, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/harrisbk.wpd STATE OF TENNESSEE v. THOMAS DEE HUSKEY Court:TCCA Attorneys: Herbert S. Moncier and Gregory P. Isaacs, Knoxville, Tennessee, for the appellant, Thomas Dee Huskey. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Erik W. Daab, Assistant Attorney General; and Randall E. Nichols, District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Thomas Dee Huskey, appeals as of right from his convictions and sentences for aggravated rape, rape, aggravated robbery, robbery, especially aggravated kidnapping, and aggravated kidnapping, for which he received an aggregate sentence of sixty-six years. The convictions relate to four victims and result from two trials that were consolidated for this appeal. The defendant raises numerous issues. Although we conclude that several errors occurred, only one requires reversal of any convictions. Because of improper consolidation, we reverse the judgments for the three aggravated rape convictions and one especially aggravated kidnapping conviction relating to the victim, D.C., but we affirm the remaining judgments of conviction. http://www.tba.org/tba_files/TCCA/huskeytd438.wpd STATE OF TENNESSEE v. RHONDA PATRICIA MAYES Court:TCCA First Paragraph: The opinion and judgment entered June 24, 2002, are hereby VACATED and WITHDRAWN. A corrected opinion and judgment will be filed in due course. http://www.tba.org/tba_files/TCCA/mayesrp_ord.wpd STATE OF TENNESSEE v. DON WOODY MCGOWAN Court:TCCA Attorneys: Philip A. Condra, District Public Defender, Jasper, Tennessee, for the appellant, Don Woody McGowan. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; James Michael Taylor, District Attorney General; Steve Blount, Assistant District Attorney General; and Sherry Gouger, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Don Woody McGowan, was convicted by a Marion County jury of possession of drug paraphernalia, a Class E felony. Defendant appeals his conviction, presenting the following issues for review: (1) whether the evidence was sufficient to support his conviction; (2) whether he was denied a fair trial by the trial court's denial of his motion to sever the cases when the co-defendant failed to appear on the second day of trial; (3) whether the trial judge erred by failing to recuse himself; and (4) whether his sentence was proper. After a review of the record, we find that the evidence was insufficient to sustain the conviction. The judgment of the trial court is reversed, and the case is dismissed. http://www.tba.org/tba_files/TCCA/mcgowandonw.wpd STATE OF TENNESSEE v. STEVEN MURRAY Court:TCCA Attorneys: Walter B. Johnson, III, Harriman, Tennessee, for the appellant, Steven Murray. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; J. Scott McCluen, District Attorney General; and Frank Harvey, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: In this case, the Defendant, Steven Murray, pled guilty to assault. The Criminal Court of Roane County sentenced Defendant to serve the agreed-upon 11 months and 29 days, suspended, on supervised probation, and ordered restitution in the amount of $10,622.75. In his sole issue on appeal, Defendant asserts that the trial court erred in the amount of restitution ordered and requests that the order of restitution be set aside and this case remanded for a new hearing. We have found a clerical error in the order setting forth the conditions of probation and remand for correction of that order. Otherwise, the judgment of the criminal court is affirmed. http://www.tba.org/tba_files/TCCA/murraysteven.wpd RODNEY TIPTON v. STATE OF TENNESSEE Court:TCCA Attorneys: Rodney Tipton, pro se, Mountain City, Tennessee. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Mark A. Fulks, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Edward P. Bailey, Jr., Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Rodney Lee Tipton, proceeding pro se, appeals from the dismissal of his petition for post-conviction relief. Tipton was convicted by a Blount County jury of aggravated rape and aggravated robbery and received an effective thirty-three year sentence in the Department of Correction. On appeal, Tipton argues that he should receive a new trial based upon the following grounds: (1) the State's refusal to respond to his discovery requests, and the post-conviction court's failure to address his motion to compel discovery; (2) denial of the right to represent himself at his post-conviction hearing; (3) denial of his right to testify at trial; (4) ineffective assistance of counsel; (5) prosecutorial misconduct; (6) actual innocence; (7) the cumulative effect of all errors; and (8) the post-conviction court's failure to enter specific findings of fact and conclusions of law. After a review of the record, we affirm the dismissal of Tipton's petition for post-conviction relief. http://www.tba.org/tba_files/TCCA/tiptonrodney.wpd JOHN C. TOMLINSON v. STATE OF TENNESSEE Court:TCCA Attorneys: John C. Tomlinson, Mountain City, Tennessee, Pro Se. Michael E. Moore, Solicitor General; David H. Findley, 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 appeals the trial court's denial of the appointment of counsel and the dismissal of his petition for writ of habeas corpus. For many and varied reasons, we affirm. http://www.tba.org/tba_files/TCCA/tomlinsonjc.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
|
© Copyright 2002 Tennessee Bar Association
|