Opinion FlashAugust 30, 2002
Volume 8 Number 152
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
ELIZABETH ELLEN (SORRELL) RAMSEY v. LARRY AUBREY HENSON Court:TCA Attorneys: Larry Aubrey Henson, appellant, pro se. Susan A. Shubert, for the appellee Elizabeth Ellen (Sorrell) Ramsey. Judge: LILLARD First Paragraph: This is an appeal from a juvenile court proceeding regarding child support and visitation. The minor child was born in 1996; the mother and father never married each other. Mother filed a petition to establish paternity, and a blood test established the father's paternity of the child. On June 20, 1996, a consent order was entered providing that the mother would have full custody of the minor child, and that the parties would work out a child support agreement between themselves, as well as a visitation schedule. The consent order stated that if either party moved more than 90 miles from the permanent residence of the other party, both parties would share equally in transportation costs. After much litigation, including two prior appeals, the trial court entered an order which included inter alia the denial of several motions by the defendant father, an increase in the father's child support obligation, an awarding of attorney's fees to the plaintiff mother, and the setting aside of any future visitation by the father with the minor child until the father obtains substantial psychological counseling and demonstrates that the resumption of visitation is in the child's best interest. The father again appeals. We affirm, finding ample support for the order of the trial court. http://www.tba.org/tba_files/TCA/sorrele.wpd
STATE OF TENNESSEE v. JESS R. AMONETTE Court:TCCA Attorneys: Erik R. Herbert, Nashville, Tennessee, for the Appellant, Jess R. Amonette. Paul G. Summers, Attorney General & Reporter; Renee W. Turner, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Mark K. Harvey, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Jess R. Amonette appeals from the Williamson County Circuit Court's revocation of his probationary sentence. He claims that the lower court exceeded its discretion in revoking probation and ordering him to serve his sentence in confinement. In case number II-100-10, we notice as a matter of plain error that the sentence expired prior to initiation of revocation proceedings. We therefore reverse the revocation order and dismiss revocation proceedings in that case. In case number II-11-100, the record does not reflect the lower court's findings from which we can determine the basis for its ruling, and we therefore remand for further consideration. http://www.tba.org/tba_files/TCCA/amonettejessr.wpd
STATE OF TENNESSEE v. CALVIN LAMONT HANNAH Court:TCCA Attorneys: David Allen Doyle, District Public Defender, and Thomas J. Smith, Assistant Public Defender, for the appellant, Calvin Lamont Hannah. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and Dee D. Gay, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant appeals the revocation of his probation. He argues that the trial court erred in ordering him to serve his original sentence. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/hannahcl.wpd
STATE OF TENNESSEE v. HERMAN MAJORS, JR. Court:TCCA Attorneys: Michael J. Love, Cartwright & Love, Clarksville, Tennessee, for the Appellant, Herman Majors, Jr. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Kim R. Helper, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and C. Daniel Brollier, Jr., Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Herman Majors, Jr.,was indicted for attempted aggravated robbery based upon a theory of criminal responsibility for the conduct of another. Tenn. Code Ann. S 39-11-402(2). A Montgomery County jury found Majors guilty of the indicted offense, resulting in a twelve-year sentence as a persistent offender. In this appeal as of right, Majors argues that the trial court erred by failing to instruct the jury as to the lesser offense of facilitation of attempted aggravated robbery, Tennessee Code Annotated S 39-11-403 (1997). After a review of the record, we conclude that the trial court erred in not instructing the jury as to facilitation. Majors' conviction is reversed, and the case is remanded for a new trial. http://www.tba.org/tba_files/TCCA/majorsherman.wpd
STEVEN MURPHY v. STATE OF TENNESSEE Court:TCCA Attorneys: F. Michie Gibson, Jr., Nashville, Tennessee, for the appellant, Steven Murphy. Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Dan Hamm, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: In 1996, the petitioner, Steven Murphy, was convicted of first degree murder, especially aggravated robbery, and theft over $1,000. He received a sentence of life imprisonment for first degree murder, 25 years for especially aggravated robbery and four years for the theft. The trial court ordered the petitioner to serve his sentences consecutively, resulting in an effective sentence of life plus 29 years. Following a direct appeal to this Court the petitioner's convictions were affirmed, but his sentence for aggravated robbery was modified to 21 years. State v. Adrian Wilkerson and Steven Murphy, No. 01C01-9610-CR-00419 1998 Tenn. Crim. App. LEXIS 891, at *45 (Tenn. Crim. App., at Nashville Aug. 26, 1998). The Tennessee Supreme Court denied permission to appeal on September 18, 2000. The petitioner filed a post-conviction petition on October 30, 2000, which alleged that his trial attorneys were ineffective thereby depriving him of his rights under the Sixth Amendment to the United States Constitution. Following appointment of counsel and a hearing, the trial judge entered an order denying post-conviction relief on March 12, 2001, and the instant appeal followed. After a thorough review of the record we find no error in the trial court's decision. The judgment of the lower court is therefore affirmed. http://www.tba.org/tba_files/TCCA/murphysteven.wpd
STATE OF TENNESSEE v. JOHN W. THOMPKINS, II Court:TCCA Attorneys: Rayburn McGowan, Jr., Nashville, Tennessee, for the Appellant, John W. Thompkins, II. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Mary Katharine Harvey, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant pleaded guilty to aggravated assault, evading arrest, vandalism, reckless endangerment, driving on a revoked license (second offense), and unlawful possession of a weapon. The trial court found him to be a dangerous offender deserving of consecutive sentencing and imposed an effective sentence of seven years. On appeal, the defendant contends that consecutive sentencing was inappropriate and excessive in his case. We affirm the trial court's judgments. http://www.tba.org/tba_files/TCCA/thompkinsjohnw.wpd
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