Opinion FlashNovember 4, 2002
Volume 8 Number 195
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
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_1104.wpd
STATE OF TENNESSEE v. TYLER WARD ENIX Court:TCCA Attorneys: Raymond Mack Garner, District Public Defender, for the appellant, Tyler Ward Enix. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; Michael L. Flynn, District Attorney General; and Ellen Lee Berez, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Tyler Ward Enix, appeals from the Blount County Circuit Court's revoking his probation that was ordered for his sentences for harassing and stalking his estranged wife. The defendant contends that although he violated his probation, the trial court erred in sentencing him to confinement. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/enixtylerward2.wpd
STATE OF TENNESSEE v. KELVIN HOOKS Court:TCCA Attorneys: Marty B. McAfee, Memphis, Tennessee, for the appellant, Kelvin Hooks. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and Glen C. Baity and Katrina Earley, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: A Shelby County jury convicted the defendant, Kelvin Hooks, of second degree murder and felony murder. The trial court merged the two convictions and sentenced the defendant to life on the felony murder conviction. In this appeal as of right, the defendant raises the following issues: (1) whether the evidence was sufficient to support the convictions for second degree murder and felony murder; (2) whether the state improperly questioned the defendant regarding his alibi after he withdrew a Notice of Alibi; and (3) whether the trial court erred in refusing to instruct the jury on self-defense. After reviewing the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/hooksk.wpd
STATE OF TENNESSEE v. ARTHUR R. SIMPSON Court:TCCA Attorneys: A.C. Wharton, Jr., Shelby County Public Defender; Garland Erguden, Assistant Public Defender; and Karen Massey, Assistant Public Defender, Memphis, Tennessee, for the appellant, Arthur R. Simpson. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William L. Gibbons, District Attorney General; and Camille McMullen, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Arthur R. Simpson, was indicted for the offense of aggravated assault, allegedly committed by causing the victim to reasonably fear imminent bodily injury by the use of a deadly weapon, to wit: a handgun. At the conclusion of a jury trial, the trial court charged the jury with aggravated assault, as alleged, and also charged the jury as to lesser-included offenses of felony reckless endangerment and misdemeanor assault. The jury found Defendant guilty of felony reckless endangerment. He was sentenced to serve one year in the workhouse, which was suspended and he was placed on probation. Defendant appeals, with his sole issue being that the evidence is insufficient to sustain the conviction of felony reckless endangerment. While we find that the evidence presented would be sufficient to support a conviction for felony reckless endangerment, if that offense had been charged, we hold that under the supreme court's decision of State v. Moore, 77 S.W.3d 132 (Tenn. 2002), felony reckless endangerment is not a lesser-included offense of aggravated assault as charged in the indictment. Therefore, the conviction must be reversed and this case remanded for a new trial on the charge of misdemeanor assault. http://www.tba.org/tba_files/TCCA/simpsona.wpd
MARKUS LAMONT WILLOUGHBY v. STATE OF TENNESSEE Court:TCCA Attorneys: Ramsdale O'DeNeal, Jr., Jackson, Tennessee, for the appellant, Markus Lamont Willoughby. Paul G. Summers, Attorney General and Reporter; Braden H. Boucek, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Alfred Lynn Earls, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The petitioner appeals the trial court's denial of post-conviction relief. He argues trial counsel's failure to investigate and present an alibi defense deprived him of the effective assistance of counsel at his original trial. We find no merit to his argument and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/willoughby.wpd
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