Opinion Flash

November 18, 2002
Volume 8 — Number 203

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
01 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


SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_1118.wpd

MILTON LEE COOPER v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Robert L. Jolley, Jr., Knoxville, Tennessee, for the appellant, Milton
Lee Cooper.

Paul G. Summers, Attorney General and Reporter; Angele M. Gregory,
Assistant Attorney General; William H. Cox, III, District Attorney
General; Christopher D. Poole, Assistant District Attorney General,
for the appellee, State of Tennessee.
 
Judge: WEDEMEYER

First Paragraph:

A Hamilton County jury convicted the Petitioner of first degree felony
murder and conspiracy to commit aggravated robbery.  The Petitioner
was sentenced to life imprisonment for the murder conviction and to
eight years incarceration for the conspiracy conviction.  This Court
affirmed the convictions, and the Tennessee Supreme Court denied
permission to appeal.  The Petitioner then filed a petition for
post-conviction relief alleging that he received ineffective
assistance of counsel at trial and on direct appeal.  Specifically,
the Petitioner alleged that counsel: (1) failed to request an alibi
instruction at trial; (2) failed to raise the alibi instruction issue
on direct appeal; and (3) failed to challenge an erroneous accomplice
instruction at trial and on appeal.  Also, the Petitioner alleged that
the trial court: (1) failed to instruct the jury on the defense of
alibi, thus violating the Petitioner's due process rights and his
right to a jury trial; and (2) failed to instruct the jury on "the
natural and probable consequences rule."  Following a hearing, the
post-conviction court denied the petition for post-conviction relief,
and this appeal ensued.  Finding no error, we affirm the judgment of
the post-conviction court.

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

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