Opinion FlashNovember 13, 2002Volume 8 — Number 200 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 CONNIE LEE ARNOLD v. STATE OF TENNESSEE Court:TCCA Attorneys: Connie Lee Arnold, Only, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Joe C. Crumley, Jr., District Attorney General; and Kenneth C. Baldwin, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The petitioner was convicted of child rape and especially aggravated exploitation of a minor and sentenced to consecutive sentences of twenty-five years and twelve years, respectively. Following the affirmance of his convictions and sentences on direct appeal, he filed a pro se petition for post- conviction relief. Concluding that the claims consisted of conclusory allegations without necessary supporting facts, the post-conviction court dismissed the petition without affording the petitioner the opportunity to amend the petition. The petitioner timely appealed. Following our review, we affirm the dismissal of the petition. http://www.tba.org/tba_files/TCCA/arnoldconnielee_opn.wpd CONNIE LEE ARNOLD v. STATE OF TENNESSEE Court:TCCA TIPTON DISSENTING http://www.tba.org/tba_files/TCCA/arnoldconnielee_dis.wpd STATE OF TENNESSEE v. JOHN BRIGGS Court:TCCA Attorneys: R. Wayne Culbertson, Kingsport, Tennessee, for the appellant, John Briggs. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Joseph Eugene Perrin, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The appellant, John Briggs, a pharmacist, pled guilty in the Sullivan County Criminal Court to sixteen counts of unlawfully dispensing a controlled substance. The trial court sentenced the appellant to a total effective sentence of twenty years incarceration in the Tennessee Department of Correction, with all but eight years to be served on probation. On appeal, the appellant argues that the trial court erred in denying full probation. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/briggsj.wpd STATE OF TENNESSEE v. HOWARD DUTY, JR. Court:TCCA Attorneys: Stephen M. Wallace, District Public Defender, and Terry L. Jordan, Assistant Public Defender, for the appellant, Howard Duty, Jr. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and B. Todd Martin, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: A Sullivan County Criminal Court jury convicted the defendant, Howard Duty, Jr., of stalking, a Class A misdemeanor, and the trial court sentenced him to eleven months, twenty-nine days at seventy-five percent and imposed a one thousand dollar fine. The defendant appeals, claiming (1) that the evidence is insufficient to support his conviction, (2) that his sentence is excessive, and (3) that he should have received an alternative sentence. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/dutyhoward.wpd SHAUN LAMONT HEREFORD v. STATE OF TENNESSEE Court:TCCA Attorneys: Shaun Hereford, Appellant, Pro Se. Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger, Assistant Attorney General; William H. Cox, III, District Attorney General; and Rodney Strong, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The petitioner, Shaun Lamont Hereford, appeals the Hamilton County Criminal Court's dismissal of his petition for post-conviction relief, in which he alleged void convictions, misrepresentation by his trial attorney, and that he was entitled to DNA analysis of physical evidence. Discerning no error in the trial court's dismissal of the petition without an evidentiary hearing, we affirm. http://www.tba.org/tba_files/TCCA/herefordshaun.wpd STATE OF TENNESSEE v. KENNETH R. LAWS Court:TCCA Attorneys: Ivan M. Lilly, Assistant District Public Defender, Johnson City, Tennessee, for the appellant, Kenneth R. Laws. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Joe C. Crumley, Jr., District Attorney General; and Steve Finney, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant was charged with aggravated child abuse, a Class A felony. Pursuant to a plea agreement, the Defendant entered a "best interest" plea to abuse of a child under six years of age, a Class D felony, and the trial court sentenced the Defendant to a three-year term with the manner of service of the sentence to be determined following a sentencing hearing. Following a hearing, the trial court ordered the Defendant to serve the three-year sentence in the Tennessee Department of Correction. The Defendant now appeals, arguing that the trial court abused its discretion in denying judicial diversion and erred in denying alternative sentencing. We conclude that the record supports the trial court's denial of judicial diversion and alternative sentencing. Therefore, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/lawskr.wpd DAVID LUNSFORD v. STATE OF TENNESSEE Court:TCCA Attorneys: R. Joshua McKee, Athens, Tennessee, for the appellant, David Lunsford. Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General; Jerry N. Estes, District Attorney General; and Charles W. Pope, Jr., Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The petitioner appeals the denial of his post-conviction relief petition, arguing his trial counsel was ineffective for failing to locate an alibi witness for his aggravated burglary trial. We affirm the judgment of the post-conviction court, which found trial counsel made reasonable efforts to locate the potential witness, and the petitioner was not prejudiced by the inability to present the witness's testimony at trial. http://www.tba.org/tba_files/TCCA/lunsforddavid.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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