Opinion Flash

September 13, 2002
Volume 8 — Number 160

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):
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility
 

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


STATE OF TENNESSEE v. CARLOS BIERNER

Court:TCCA

Attorneys:

Mack Garner, District Public Defender, Maryville, Tennessee for the
appellant, Carlos Bierner.

Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; Michael L. Flynn, District
Attorney General; and William R. Reed, Assistant District Attorney
General, for the appellee, State of Tennessee.                      

Judge: WOODALL

First Paragraph:

Defendant, Carlos Bierner, was charged with aggravated sexual battery.
After his trial had commenced, but prior to its conclusion, Defendant
entered a plea of guilty to the lesser charge of attempted aggravated
sexual battery, a Class C felony.  In accordance with the negotiated
plea agreement, Defendant received a sentence of eight years, as a
multiple Range II offender, with the manner of service to be
determined by the trial court.  Following a sentencing hearing, the
trial court denied probation or any other form of alternative
sentencing and ordered that Defendant serve the eight years in
confinement, at thirty-five percent eligibility.  In this appeal,
Defendant argues that the trial court erred by ordering a sentence of
continuous confinement.  We affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/biernercarlos.wpd

STATE OF TENNESSEE v. WILLIAM R. MCLEOD, JR.

Court:TCCA

Attorneys:

Judson W. Phillips, Franklin, Tennessee, for the appellant, William R.
McLeod, Jr.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Sharon T. Guffee, Assistant District Attorney General,
for the appellee, State of Tennessee.                      

Judge: TIPTON

First Paragraph:

The defendant, William R. McLeod, Jr., pled guilty in the Williamson
County Circuit Court to two counts of aggravated sexual battery, a
Class B felony.  Pursuant to the plea agreement, the defendant
received an eight-year sentence for each conviction with the issue of
concurrent or consecutive sentencing to be decided by the trial court.
 After a sentencing hearing, the trial court ordered that the
defendant serve his sentences consecutively for an effective sentence
of sixteen years in the Tennessee Department of Correction.  The
defendant appeals, claiming that the trial court erred in ordering
consecutive sentences.  We affirm the judgments of the trial court.

http://www.tba.org/tba_files/TCCA/mcleodwilliamr.wpd

STATE OF TENNESSEE v. EARLEY STORY

Court:TCCA

Attorneys:  

Judson W. Phillips, Franklin, Tennessee, for the appellant, William R.
McLeod, Jr.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Sharon T. Guffee, Assistant District Attorney General,
for the appellee, State of Tennessee.                        

Judge: MCGEE OGLE

First Paragraph:

The appellant, Earley Story, was convicted in the Shelby County
Criminal Court of one count of selling not less than one-half ounce
nor more than ten pounds of marijuana, a Class E felony.  The
appellant was sentenced to one year of incarceration in the Shelby
County Jail, which sentence was immediately probated.  On appeal, the
appellant raises the following issues for our review: (1) whether the
trial court erred in failing to conduct a hearing on the appellant's
pro se motion alleging  a failure to afford him a speedy trial; (2)
whether the trial court wrongly forced the appellant to trial with
unwanted counsel, which counsel were appointed without any evidence
that the appellant was unable to employ counsel of his choosing; and
(3) whether the trial court erred in admitting purported transcripts
of tape recordings.  Upon review of the record and the parties'
briefs, we affirm the judgment of the trial court.

http://www.tba.org/tba_files/TCCA/storye.wpd

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