Opinion FlashOctober 23, 2002Volume 8 — Number 187 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):
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. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel IN RE: AMENDMENT TO SUPREME COURT RULE 28, Section 9(D) Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/rule28_9_d_ord.wpd IN RE: AMENDMENT TO RULE 14, RULES OF THE SUPREME COURT OF TENNESSEE Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/rule14_amd.wpd STATE OF TENNESSEE v. RICHARD RUSSELL BRANDT Court:TCCA Attorneys: Merrilyn Feirman, Nashville, Tennessee, and Andrew Jackson Dearing, III, Assistant Public Defender, Shelbyville, Tennessee, for the Appellant, Richard Russell Brandt. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; David H. Findley, Assistant Attorney General; William Michael McCown, District Attorney General; and Michael Randles, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Richard Russell Brandt, was convicted by a Bedford County jury of voluntary manslaughter and received a fifteen-year sentence, as a persistent offender. On appeal, Brandt raises the following issues for our review: (1) whether the evidence was sufficient to support the jury's verdict, and (2) whether his sentence was proper. After review, we find that Brandt's issues are without merit. Accordingly, the judgment of the Bedford County Circuit Court is affirmed. http://www.tba.org/tba_files/TCCA/brandtr.wpd STATE OF TENNESSEE v. RANDALL VERTIS GRAINGER Court:TCCA Attorneys: John H. Henderson, District Public Defender, Franklin, Tennessee, for the appellant, Randall Vertis Grainger. Paul G. Summers, Attorney General and Reporter; Helen Walton Yarbrough, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Sharon E. Guffee, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant appeals his conviction in the Williamson County Circuit Court for one count of aggravated sexual battery. Defendant raises the following issues for our review: 1) whether the evidence was sufficient to support his conviction; 2) whether the trial court erred in failing to instruct the jury on attempted aggravated sexual battery, sexual battery, attempted sexual battery, or attempted assault; 3) whether the trial court erred in approving and adopting the jury imposed fine of $10,000; and 4) whether the trial court erred in imposing a ten-year sentence. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/graingerr.wpd STATE OF TENNESSEE v. KIM HICKERSON Court:TCCA Attorneys: Robert S. Peters, Winchester, Tennessee, for the appellant, Kim Hickerson. Paul G. Summers, Attorney General & Reporter; Gill Robert Geldreich, Assistant Attorney General; Mickey Layne, District Attorney General; and Stephen E. Weitzman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: On December 15, 1997, a Coffee County jury convicted Appellant Kim Hickerson of selling less than 0.5 grams of cocaine, a class C felony. After a sentencing hearing on January 23, 1998, the trial court sentenced Appellant as a career offender to a term of fifteen years imprisonment. Appellant challenges both his conviction and his sentence, raising the following issues: 1) whether the evidence was sufficient to support his conviction; 2) whether the State established a proper chain of custody for the cocaine that was introduced into evidence; and 3) whether the Appellant was properly sentenced as a career offender. After a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/hickersonkim.wpd STATE OF TENNESSEE v. ANDRE MAYS and CORTEZ BENNETT Court:TCCA Attorneys: Monte D. Watkins, Nashville, Tennessee, for the Appellant, Andre Mays; Cynthia F. Burnes, Nashville, Tennessee, for the Appellant, Cortez Bennett. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Peter M. Coughlan, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Jon Seaborg, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellants, Andre Mays and Cortez Bennett, were convicted by a Davidson County Jury of first degree murder, attempted first degree murder, and two counts of especially aggravated robbery. Mays and Bennett were sentenced to life imprisonment plus fifty years. On appeal, Mays argues that the trial court erred in allowing a juror to remain on the panel after reading a prejudicial newspaper article during the trial. Bennett raises the following issues for review: (1) whether the trial court erred in not suppressing the photographic line-up; (2) whether the evidence was sufficient to support the verdicts; and (3) whether his sentence was proper. After a review of the record, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/maysandrebennett.wpd STATE OF TENNESSEE v. TONY DEAN MORGAN Court:TCCA Attorneys: George H. Waters, Assistant Public Defender, Maryville, Tennessee, for the appellant, Tony Dean Morgan. Paul G. Summers, Attorney General and Reporter; Braden H. Boucek, Assistant Attorney General; Michael L. Flynn, District Attorney General; Kirk E. Andrews and Edward P. Bailey, Jr., Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant pled "no contest" to aggravated assault and assault. Pursuant to the plea agreement, the Defendant received concurrent sentences of three years for the aggravated assault conviction and eleven months and twenty-nine days for the assault conviction, for an effective sentence of three years. The manner of service of the sentence was to be determined by the trial court. Following a sentencing hearing, the trial court ordered that the Defendant serve his entire sentence in the Tennessee Department of Correction. The Defendant now appeals, arguing that the trial court erred by ordering him to serve his sentence in confinement. Finding no error, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/morgantd.wpd STATE OF TENNESSEE v. JAMES M. POWERS Court:TCCA Attorneys: Charles Herman, Assistant Public Defender, Jacksboro, Tennessee, for the appellant, James M. Powers. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; William Paul Phillips, District Attorney General; and Michael O. Ripley, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, James M. Powers, appeals as of right from his convictions by a jury of four counts of rape of a child, a Class A felony. After a sentencing hearing, the trial court imposed a sentence of twenty years on each of the four counts and ordered that three of the sentences run consecutively, for an effective sentence of sixty years to be served in the Tennessee Department of Correction. The Defendant argues two issues on appeal: (1) that the evidence presented at trial was insufficient to support his four convictions of child rape, and (2) that the trial court erred by imposing consecutive sentences. We affirm the Defendant's convictions. We reverse the trial court's order that the sentences be served consecutively and remand for the entry of an order reflecting concurrent sentences. http://www.tba.org/tba_files/TCCA/powersjm.wpd STATE OF TENNESSEE v. KEITH LERANSO WELLS Court:TCCA Attorneys: Guy R. Dotson, Jr., Murfreesboro, Tennessee, for the appellant, Keith Leranso Wells. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; and William C. Whitesell, Jr., District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Keith Leranso Wells, was indicted on four counts of especially aggravated robbery, one count of aggravated robbery, and one count of aggravated assault. The Defendant pled guilty to two counts of especially aggravated robbery; the remaining counts were held in abeyance pending resolution of the charges against the Defendant's co-defendants. The Defendant agreed that his sentencing would be delayed until those charges were resolved. Subsequent to entry of the judgments of conviction against the Defendant, but prior to his sentencing, the Defendant requested to withdraw his guilty plea. The trial court denied the Defendant's request and this appeal followed. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/wellskl.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! 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