Opinion FlashAugust 20, 2002
Volume 8 Number 145
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
BUSTER CHANDLER, JR. v. DON SUNDQUIST, et al. Court:TCA Attorneys: Buster Chandler, Eddyville, Kentucky, Pro Se. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Dawn Jordan, Assistant Attorney General, for the appellee, State of Tennessee. Judge: CANTRELL First Paragraph: A Kentucky prisoner filed suit in a Tennessee court, claiming that he was entitled to be pardoned so that he could stand trial for murder in this state. The trial court dismissed his complaint for failure to state a claim for which relief can be granted. We affirm. http://www.tba.org/tba_files/TCA/chandlerb.wpd
CHRISTOPHER LYNN HOOVEN v. JOHNNIA SHANNON HOOVEN Court:TCA Attorneys: W. Howell Forrester, Pulaski, Tennessee, for Appellant, Johnnia Shannon Hooven. M. Andrew Hoover, Pulaski, Tennessee, for Appellee, Christopher Lynn Hooven. Judge: FRANKS First Paragraph: The wife appeals from the Trial Court's placing primary custody of the parties' minor children with the father. We affirm. http://www.tba.org/tba_files/TCA/hoovenc.wpd
GREGORY FULLER v. STATE OF TENNESSEE Court:TCCA Attorneys: Gregory D. Smith, Clarksville, Tennessee, for the appellant, Gregory Fuller. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Roger D. Moore, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The petitioner, Gregory Fuller, appeals from the Davidson County Criminal Court's denial of his petition for post-conviction relief from his felony cocaine possession conviction and resulting fifteen-year sentence. He contends that the trial court erred in denying relief, claiming that (1) he received the ineffective assistance of counsel and (2) the trial court erred in denying his motion for a continuance. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/fullergregory.wpd
CLESSIE T. JACO, JR. v. STATE OF TENNESSEE Court:TCCA Attorneys: John S. Colley, III, Columbia, Tennessee, for the Appellant, Clessie T. Jaco, Jr. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Kim R. Helper, Assistant Attorney General; T. Michael Bottoms, District Attorney General; Larry Nickell, Jr., Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Clessie T. Jaco, Jr., appeals the Maury County Circuit Court's dismissal of his petition for post-conviction relief. In 1997, Jaco pled guilty to two counts of attempted rape. Following a sentencing hearing, Jaco, a Range I Standard Offender, received two consecutive six- year sentences to be served in the Department of Correction. On appeal, Jaco argues that his guilty plea was involuntary because he was not informed that prior to release on parole he would be required to undergo a mental health evaluation pursuant to Tennessee Code Annotated S 40-35- 503(c) (1997). After a review of the record, we find no error. Accordingly, the judgment of the post-conviction court dismissing the petition is affirmed. http://www.tba.org/tba_files/TCCA/jacoclessiet.wpd
QUINTON G. STEWART v. STATE OF TENNESSEE Court:TCCA Attorneys: Patrick T. McNally, Nashville, Tennessee, for the Appellant, Quinton G. Stewart. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Kim R. Helper, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Quinton G. Stewart, appeals the Rutherford County Circuit Court's summary dismissal of his petition for post-conviction relief. The post-conviction court found that Stewart's petition was barred by the statute of limitations. Stewart argues that his petition was not time-barred because he was a minor and, thus, "legally disabled" to exercise his rights under the post-conviction statutes. See Tenn. Code Ann. S 28-1-106 (2000). After review, we affirm the judgment of the post- conviction court dismissing the petition. http://www.tba.org/tba_files/TCCA/stewartquintong.wpd
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