Opinion FlashApril 11, 2003Volume 9 — Number 065 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 MOHAMED F. ALI v. STATE OF TENNESSEE Court:TCCA Attorneys: Janie L. Lindamood, Johnson City, Tennessee, for the appellant, Mohamed F. Ali. Paul G. Summers, Attorney General and Reporter; Mark A. Fulks, Assistant Attorney General; Joe C. Crumley, Jr., District Attorney General; and Victor J. Vaughn, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The petitioner, Mohamed F. Ali, appeals from the judgment of the Washington County Criminal Court denying him post-conviction relief from his convictions for rape and attempted bribery. He is serving an effective sentence of fifteen years in the Department of Correction. The petitioner contends that the post-conviction court erred in (1) applying incorrect law governing judicial bias, (2) finding that the convicting trial judge was not biased against him, (3) excluding evidence of judicial bias, (4) refusing the petitioner's discovery requests regarding the issue of bias, and (5) denying the petitioner's claim of ineffective assistance of counsel. We affirm the post-conviction court. http://www.tba.org/tba_files/TCCA/alimf.wpd CECIL EUGENE BRANNAN v. STATE OF TENNESSEE Court:TCCA Attorneys: Curtis H. Gann (on appeal) and Andrew Jackson Dearing, III (at trial), Shelbyville, Tennessee, for the appellant, Cecil Eugene Brannan. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; W. Michael McCown, District Attorney General; and Michael Randles, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The petitioner, Cecil Eugene Brannan, pled guilty in the Bedford County Circuit Court to three counts of vehicular assault and one count of driving under the influence (DUI), fourth offense. The plea agreement stipulated that the petitioner would receive a total effective sentence of eight years incarceration. The petitioner subsequently filed for post-conviction relief, alleging that trial counsel failed to advise him that his plea agreement violated double jeopardy principles. The post- conviction court dismissed the petition and the petitioner timely appealed. Upon review of the record and the parties' briefs, we affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/brannance.wpd STATE OF TENNESSEE v. KRISTINA DAWN CATRON Court:TCCA Attorneys: Stephen M. Wallace, District Public Defender; and Joseph H. Harrison, Assistant District Public Defender, for the Appellant, Kristina Dawn Catron. Paul G. Summers, Attorney General & Reporter; Kim R. Helper, 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: WITT First Paragraph: The defendant, Kristina Dawn Catron, pleaded guilty to one count of fabricating evidence, one count of making a false report, and one count of misdemeanor theft under $500. The negotiated plea agreement produced an effective sentence of three years. The manner of service of the sentence was to be determined by the trial court. Following a presentence investigation and a sentence hearing, the trial court ordered the defendant to serve the sentence in confinement. It is from this sentencing determination that the defendant appeals. We affirm the judgment of the trial court based on the need to avoid depreciating the seriousness of the offense. http://www.tba.org/tba_files/TCCA/catronkristinad.wpd STATE OF TENNESSEE v. KENNETH LEE ENGLAND Court:TCCA Attorneys: Julie A. Rice, Knoxville, Tennessee (on appeal); Martha J. Yoakum, District Public Defender; and Charles Albert Herman, Assistant District Public Defender (at trial), for the appellant, Kenneth Lee England. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; William Paul Phillips, District Attorney General; and Michael O. Ripley, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Kenneth Lee England, was convicted by a Campbell County Criminal Court jury of retaliation for past action, a Class E felony, and the trial court sentenced him as a career offender to six years in the Department of Correction. The defendant appeals, claiming that the evidence is insufficient and that the trial court erred by allowing the state to impeach him with his prior retaliation for past action convictions under Tenn. R. Evid. 609. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/englandkennethlee.wpd WILLIE TOM ENSLEY v. STATE OF TENNESSEE Court:TCCA Attorneys: Willie Tom Ensley, Mountain City, Tennessee, pro se. Paul G. Summers, Attorney General & Reporter; Angele M. Gregory, Assistant Attorney General; and Tom Thurman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Willie Tom Ensley, appeals the trial court's denial of his post-conviction petition requesting DNA analysis. The issue presented for review is whether the trial court erred by summarily dismissing the petition without the appointment of counsel, an opportunity to amend, or an evidentiary hearing. The judgment is reversed and the cause is remanded for further proceedings. http://www.tba.org/tba_files/TCCA/ensleywt.wpd JAMES L. FEENIN v. KEVIN MYERS, WARDEN Court:TCCA Attorneys: James L. Feenin, Pro Se, Clifton, Tennessee. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Renee W. Turner, Assistant Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, James L. Feenin, proceeding pro se, appeals the summary dismissal of his petition for writ of habeas corpus. Feenin is currently a Department of Correction inmate at the South Central Correctional Facility in Wayne County, where he is serving an effective nineteen-year sentence. On appeal, Feenin argues that his incarceration stems from a void indictment. Specifically, he contends that two counts of the indictment, to which he pled guilty, were not signed by the district attorney general. Finding this argument without merit, the judgment of the Wayne County Circuit Court is affirmed. http://www.tba.org/tba_files/TCCA/feeninjamesl.wpd DELBERT LEE HARRIS v. STATE OF TENNESSEE ORDER Court:TCCA First Paragraph: The State has filed a petition for rehearing pursuant to Rule 39(a), Tennessee Rules of Appellate Procedure. In its petition, the State asserts that this Court's opinion incorrectly concludes that the State did not timely file its appellate brief. Having carefully reviewed the matters set out in the petition, we conclude that the State's brief was timely filed. http://www.tba.org/tba_files/TCCA/harrisd_frm.wpd STATE OF TENNESSEE v. WILLIAM RHEA JACKSON Court:TCCA Attorneys: Ross E. Alderman, District Public Defender; Jeffrey A. DeVasher, Assistant District Public Defender (on appeal); and Robert David Baker, Assistant District Public Defender (at trial), for the appellant, William Rhea Jackson. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; Renee Ruth Erb, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, William Rhea Jackson, pled guilty in the Davidson County Criminal Court to aggravated assault and aggravated burglary, Class C felonies, and the trial court sentenced him as a Range I, standard offender to consecutive sentences of six and five years, respectively. The trial court also ordered that the defendant serve his effective eleven-year sentence consecutive to an effective thirty-four-year sentence that he received for offenses committed five days before the current crimes. He appeals, claiming that his sentences are excessive. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/jacksonwilliamrhea.wpd MARK A. MITCHELL v. STATE OF TENNESSEE Court:TCCA Attorneys: Mark A. Mitchell, Nashville, Tennessee, pro se. Paul G. Summers, Attorney General & Reporter; David H. Findley, Assistant Attorney General; and Jon P. Seaborg, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Mark A. Mitchell, appeals the trial court's dismissal of his petition, which sought post-conviction relief and post-conviction DNA analysis. The single issue presented for review is whether the petition was properly dismissed. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/mitchellma.wpd STATE OF TENNESSEE v. PHAREZ PRICE Court:TCCA Attorneys: Gary M. Howell and Delilah A. Speed, Columbia, Tennessee, for the appellant, Pharez Price. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Mike Bottoms, District Attorney General; and Robert C. Sanders and Daniel J. Runde, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: A Maury County jury convicted the defendant, Pharez Price, of facilitation of felony murder, facilitation of attempted first degree murder, facilitation of attempted second degree murder, facilitation of attempted especially aggravated robbery, and criminal responsibility for the conduct of another for felony reckless endangerment. The trial court imposed an effective sentence of forty- three years. On appeal, the defendant contends (1) the trial court improperly found a child witness competent to testify, and (2) the evidence was insufficient to support his convictions for any of the offenses other than felony reckless endangerment. We reverse and dismiss the convictions for facilitation of attempted first degree murder and facilitation of attempted second degree murder, affirm the other convictions, and remand for a determination of concurrent/consecutive sentencing. http://www.tba.org/tba_files/TCCA/pricepharez.wpd STATE OF TENNESSEE v. LOUIS TYRONE ROBINSON ORDER Court:TCCA First Paragraph: In this appeal the appellant, Louis Tyrone Robinson, complains that the Davidson County Criminal Court erroneously dismissed his petition for the writ of habeas corpus without affording the appellant a hearing on the petition. After reviewing the record in this matter we are of the opinion that the criminal court was correct in its summary dismissal of the petition and we therefore affirm the action of the trial court pursuant to Rule 20 of the Rules of the Court of Criminal Appeals. http://www.tba.org/tba_files/TCCA/robinsonlouis_ord.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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