Opinion FlashAugust 16, 2002
Volume 8 Number 143
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.This Issue (IN THIS ORDER):
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Howard H. Vogel
STATE OF TENNESSEE v. JANET HUFFINE DYKES Court:TCCA Attorneys: A. Scott Pratt, Jonesborough, Tennessee, for the appellant, Janet Huffine Dykes. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; Joe Crumley, District Attorney General; and Steve Finney, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Janet Huffine Dykes, was convicted by a jury of one count of reckless aggravated assault and one count of aggravated child abuse through neglect. The trial court merged the assault conviction into the child abuse conviction and sentenced the Defendant as a Range I standard offender to fifteen years in the Department of Correction. The Defendant now appeals as of right, challenging the sufficiency of the evidence in support of her convictions. We find the evidence is not sufficient to support the Defendant's conviction of aggravated child abuse through neglect and therefore reverse that conviction. We find the evidence sufficient to support the reckless aggravated assault conviction, and affirm that conviction. Because the Defendant was not sentenced for reckless aggravated assault, we remand this case for sentencing on the Defendant's conviction for reckless aggravated assault. http://www.tba.org/tba_files/TCCA/dykesjh.wpd
STATE OF TENNESSEE v. TIMOTHY WAYNE GRIMES Court:TCCA Attorneys: William (Jake) Bradley Lockert III, District Public Defender; Christopher L. Young, Assistant Public Defender (at trial and on appeal); and Merrilyn Feirman, Nashville, Tennessee (on appeal), for the appellant, Timothy Wayne Grimes. Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr., Assistant Attorney General; Dan Mitchum Alsobrooks, District Attorney General; and Suzanne M. Lockert, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: Defendant was convicted of criminal trespass and resisting arrest. On appeal, defendant asserts that (1) there was insufficient evidence to sustain the convictions, (2) the trial court's instruction to the jury was error in that it went to the "ultimate issue" of defendant's guilt of criminal trespass, and (3) the trial court abused its discretion in allowing defendant to be impeached with a prior conviction for aggravated assault. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/grimestw.wpd
STATE OF TENNESSEE v. RUSSELL MAZE Court:TCCA Attorneys: Terry J. Canady, Madison, Tennessee, for the appellant, Russell Maze. Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe; Victor S. Johnson, District Attorney General; and Katy Novak Miller, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: A Davidson County grand jury indicted the defendant on one count of class A felony aggravated child abuse. A trial jury subsequently convicted him as charged. For this conviction the trial court sentenced him as a violent offender to serve twenty-one years. He next unsuccessfully pursued a motion for a judgment of acquittal or in the alternative a new trial. Through this appeal the defendant continues to assert that the trial court erred in not properly instructing the jury on lesser- included offenses and by admitting contested medical testimony. While the second contention merits no relief, we must reverse the conviction and remand the matter based upon error in instructing lesser-included offenses. http://www.tba.org/tba_files/TCCA/mazerussell.wpd
STATE OF TENNESSEE v. TRACEY DION PAYNE Court:TCCA Attorneys: C. Dawn Deaner, Assistant Public Defender; and Jerrilyn Manning; and Amy D. Harwell, Assistant Public Defenders, (on appeal and at trail), for appellant, Tracey Dion Payne. Paul G. Summers, Attorney General & Reporter; David H. Findley, Assistant Attorney General; Victor S. Johnson, District Attorney General; Bernie McEvoy, Assistant District Attorney General; and Sara Davis, Assistant District Attorney General, for appellee, State of Tennessee. Judge: SMITH First Paragraph: The defendant was convicted of two counts of rape of a child pursuant to a jury trial. He was charged with a total of four counts of rape of a child, with two counts per indictment. The trial court consolidated these two indictments for trial. However, the trial court dismissed one indictment due to certain improprieties that occurred during the testimony of one of the victims. For the aforementioned convictions, the trial court sentenced the defendant to serve an aggregate sentence of forty years, which was comprised of two consecutive twenty-year sentences. The defendant now brings the instant appeal challenging the sufficiency of the evidence supporting the defendant's conviction, the trial court's decision to consolidate the defendant's two indictments, and the trial court's failure to declare a mistrial at the close of the prosecutor's closing argument. After reviewing the record, we find that the trial court improperly consolidated the two indictments for trial and therefore reverse and remand this case for a new trial. http://www.tba.org/tba_files/TCCA/paynetraceyd.wpd
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