Opinion Flash

November 7, 2002
Volume 8 — Number 198

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
02	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. JAMES SPURLING

Court:TCCA

Attorneys:    

Lee Ledbetter, Assistant Public Defender, Athens, Tennessee and
Merrilyn Fierman, Nashville, Tennessee, for the appellant, James
Spurling.

Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney,
Assistant Attorney General; Jerry N. Estes, District Attorney General;
and Chuck Pope, Assistant District Attorney General for the appellee,
State of Tennessee.

Judge: SMITH

First Paragraph:

The defendant, James Spurling, was convicted by a jury of the offenses
of attempted first degree murder and assault with a deadly weapon. 
The trial court merged the assault conviction into the attempted
murder conviction and sentenced the defendant to twenty-three-years
incarceration in the state penitentiary.  In this appeal the defendant
raises three issues: (1) whether there is sufficient evidence that the
defendant premeditated the attempted murder; (2) whether the trial
court erred in admitting into evidence certain photographs of the
victim; and (3) whether the trial court erred in sentencing the
defendant.  After a careful review of the evidence and the applicable
law, we find no reversible error and affirm the judgment of the trial
court.

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

STATE OF TENNESSEE v. EDWARD JACKSON THORPE

Court:TCCA

Attorneys:

Bryan H. Hoss and C. Leland Davis, Chattanooga, Tennessee, for the
appellant, Edward Jackson Thorpe.

Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney,
Assistant Attorney General;  Bill Cox, District Attorney General; and
Thomas Kimball, Assistant District Attorney General, for the appellee,
State of Tennessee.

Judge: SMITH

First Paragraph:

The defendant, Edward Jackson Thorpe, was convicted by a jury of the
offense of aggravated vehicular homicide and leaving the scene of an
accident involving death.  He received sentences of twenty-two year's
incarceration and two year's incarceration, respectively.  In this
appeal he maintains that the evidence is insufficient to support the
verdict.  After a careful review of the record and the applicable law
we must disagree and affirm the judgment of the trial court.

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

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