Opinion Flash
June 2, 2003
Volume 9 — Number 099
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):
| 01 |
New Opinion(s) from the Tennessee Supreme Court |
| 02 |
New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel |
| 01 |
New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court |
| 06 |
New Opinion(s) from the Tennessee Court of Appeals |
| 16 |
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
PHILIP RAY WORKMAN V. STATE OF TENNESSEE
Court:TSC
ORDER SETTING EXECUTION DATE
http://www.tba.org/tba_files/TSC/workmanex_opn.wpd
PHILIP RAY WORKMAN V. STATE OF TENNESSEE
Court:TSC
BIRCH DISSENTING
http://www.tba.org/tba_files/TSC/workmanex_dis.wpd
MICHAEL DAVID PALMER v. MINCO, INC. and HARTFORD UNDERWRITERS
INSURANCE COMPANY
Court:TSC - Workers Comp Panel
Attorneys:
Robert R. Davies, of Knoxville, Tennessee, for the appellant, Minco,
Inc.
John T. Milburn Rogers, of Greeneville, Tennessee, for the appellee,
Michael David Palmer.
Judge: BYERS
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann.S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. The
defendant appeals the trial court's decision to award a partial
vocational disability of sixty-one percent to each hand.
Specifically, the defendant argues that the trial court erred in
finding the plaintiff had suffered a permanent anatomical injury and
thus erred in awarding permanent disability benefits or alternatively
that the evidence presented in the case does not support the award of
permanent partial disability. We affirm the judgment of the Chancery
Court.
http://www.tba.org/tba_files/TSC_WCP/palmerm.wpd
DARLENE SUE SINGLETON v. SHELBY WILLIAMS, INC.
Court:TSC - Workers Comp Panel
Attorneys:
Joseph J. Doherty, of Morristown, Tennessee, for the appellant, Shelby
Williams, Inc.
James M. Davis, of Morristown, Tennessee, for the appellee, Darlene
Sue Singleton.
Judge: BYERS
First Paragraph:
This workers' compensation appeal has been referred to the Special
Workers' Compensation Appeals Panel of the Supreme Court in accordance
with Tenn. Code Ann.S 50-6-225(e)(3) for hearing and reporting to the
Supreme Court of findings of fact and conclusions of law. The
defendant appeals the trial court's decision awarding the plaintiff
compensation of $85,228.80 for a sixty percent permanent partial
disability to each arm. Specifically, the defendant argues that the
trial court erred: in allowing the introduction of the standard
medical report or deposition of Dr. William Gutch into evidence; in
accepting the testimony and opinion of Dr. Gutch over that of the
treating physician; and by awarding a sixty percent permanent partial
disability to each arm. We affirm the judgment of the Circuit Court.
http://www.tba.org/tba_files/TSC_WCP/singletond.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS
Court:TSC - Rules
http://www.tba.org/tba_files/TSC_Rules/certlist_0602.wpd
CAVALIER METAL CORPORATION v. JOHNSON METAL CONTROLS
Court:TCA
Attorneys:
Paul A. Alexis, Thor Y. Urness, Nashville, TN, for Appellant
Vicki H. Hoover, Paris, TN, for Appellee
Judge: HIGHERS
First Paragraph:
Cavalier Metal Corporation sued Johnson Controls, Inc. for a breach of
contract. A jury awarded Cavalier $2,029,294.00 in damages. At its
motion for new trial, Johnson Controls, Inc. presented two juror
affidavits alleging that another juror who had worked at Johnson
Controls, Inc. imparted to the jury her knowledge of the very facts
and issues at dispute in the trial. JCI had challenged this juror for
cause during voir dire, but its motion had been denied. The trial
court held the affidavits inadmissable under Tennessee Rule of
Evidence 606(b). For the following reasons, we reverse and remand for
a new trial.
http://www.tba.org/tba_files/TCA/cavaliermetal.wpd
SANDRA K. HOUSTON v. VIRTY HOUSTON
Court:TCA
Attorneys:
Charles A. Spitzer, Jackson, For Appellant, Virty Houston
Linda Sesson Taylor, Jackson, For Appellee, Sandra K. Houston
Judge: CRAWFORD
First Paragraph:
Wife filed complaint seeking absolute divorce from Husband and primary
custody of couple's minor children. Wife also filed motion for child
support pendente lite and motion for temporary restraining order.
Husband filed counterclaim for divorce on grounds of inappropriate
marital conduct and, in the alternative, irreconcilable differences.
Trial court entered decree declaring parties divorced, dividing
marital property, and ordering Husband to pay past and future child
support obligations. Pursuant to the trial court's decree, a
permanent parenting plan was entered assigning Wife as custodial
parent of parties' minor children and designating Wife's home as the
minor children's primary residence. Husband appeals, challenging
court's division of marital property as inequitable, and asserting as
error the trial court's failure or refusal to hear minor children's
custody preference despite court's statement at hearing that
children's preference would be controlling. We vacate and remand.
http://www.tba.org/tba_files/TCA/houstonsandra.wpd
EDWARD HUTCHINSON, JAMES HUTCHINSON, and LEIGH HUTCHINSON v. NANCY H.
NEUMAN and JAMES L. DAY, JR.
Court:TCA
Attorneys:
J. Payson Matthews, Somerville, Tennessee, and Arthur E. Neuman,
Washington, DC, for appellants, Nancy H. Neuman and James L. Day, Jr.
Thomas M. Minor, Somerville, Tennessee, for appellees Edward
Hutchinson, James Hutchinson, and Leigh Hutchinson.
Judge: LILLARD
First Paragraph:
This is a will construction case. The husband devised a life estate
in land to his wife, and at her death, to his devisees. The husband
devised other land in fee simple to his wife, and gave her the rest
and residue of his estate. The husband died in 1954 and the wife died
in 1998. The remaindermen under the husband's will argued that
certain real property was included in the wife's life estate and,
thus, at her death, devolved to them. The beneficiaries of the
wife's will argued that the real property in question was not included
in the life estate or mentioned in the husband's will, and thus the
land went to the wife in fee simple by operation of the residue clause
in the husband's will and should now devolve to them. The trial court
found that the husband intended to include the land in question in the
life estate to the wife. Therefore, the land devolved to the
husband's devisees. The beneficiaries of the wife's estate appeal.
We affirm.
http://www.tba.org/tba_files/TCA/hutchinsone.wpd
CHARLES T. KIMERY v. UNICOI COUNTY INSURANCE AGENCY, et al.
Court:TCA
Attorneys:
M. Stanley Givens, Johnson City, Tennessee, for Appellant.
Arthur M. Fowler, Johnson City, Tennessee, for Appellees.
Judge: FRANKS
First Paragraph:
In a dispute over corporate ownership and management, the Trial Court
awarded Judgment for compensatory and punitive damages and attorneys
fees. On appeal, we affirm the compensatory damages and attorney fees
award, but reverse punitive damage award.
http://www.tba.org/tba_files/TCA/kimeryc.wpd
TOWN OF ROGERSVILLE, ex rel ROGERSVILLE WATER COMMISSION v. MID
HAWKINS COUNTY UTILITY DISTRICT
Court:TCA
Attorneys:
Douglas T. Jenkins, Rogersville, Tennessee, for Appellant.
William E. Phillips, Rogersville, Tennessee, for Appellees.
Donald L. Scholes, Nashville, Tennessee, Amicus Curiae, for Tennessee
Association of Utility Districts.
Judge: FRANKS
First Paragraph:
Petition to alter Respondent Utility's boundary was sustained by
County Executive and Trial Court. On appeal, we vacate and remand
with instructions.
http://www.tba.org/tba_files/TCA/rogersville.wpd
MARY NELL JONES SACCOMANNO v. MELVIN FRANK SACCOMANNO
Court:TCA
Attorneys:
Chadwick G. Hunt, Savannah, For Appellant, Mary Nell Jones Saccomanno
Mary Jo Middlebrooks and Mary S. Scott, Jackson, For Appellee, Melvin
Frank Saccomanno
Judge: CRAWFORD
First Paragraph:
This is an appeal from a Final Order, granting the parties a divorce
and dividing the marital property. Wife appeals and asserts that the
division of marital property is inequitable. We affirm.
http://www.tba.org/tba_files/TCA/saccomannomary.wpd
STATE OF TENNESSEE v. MICHAEL R. BATES
Court:TCCA
Attorneys:
David A. Bates, Cumberland Furnace, Tennessee (on appeal), and John P.
Cauley, Franklin, Tennessee (at trial), for the appellant, Michael R.
Bates.
Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger,
Assistant Attorney General; and Michael J. Fahey, Assistant District
Attorney General, for the appellee, the State of Tennessee.
Judge: WADE
First Paragraph:
The defendant, Michael R. Bates, was charged with aggravated assault,
reckless endangerment, and vandalism over $1000. After a bench trial,
he was found not guilty by reason of insanity. See Tenn. Code Ann. S
33-7-303. Subsequently, the trial court ordered the defendant to
participate in a mandatory outpatient treatment program. Some four
years later, the defendant filed a motion to be released from the
treatment program based upon the state's failure to seek renewal of
his obligation pursuant to Tennessee Code Annotated section 33-6-621.
The trial court denied the motion, concluding that section 33-6-621
was not applicable and that the defendant had to remain in the
treatment program until released by the court. In this appeal, the
defendant asserts that the trial court erred by determining that
Tennessee Code Annotated section 33-7-303 rather than section 33-6-621
was the controlling statute and, in the alternative, if section
33-7-303 is the controlling statute, then that statute is
unconstitutional as applied to his case. The judgment is affirmed.
http://www.tba.org/tba_files/TCCA/batesmichaelr.wpd
STATE OF TENNESSEE v. BOBBY BLACKMON
Court:TCCA
Attorneys:
Bobby Blackmon, Tiptonville, Tennessee, pro se.
Paul S. Summers, Attorney General & Reporter; Renee W. Turner,
Assistant Attorney General; Lawrence Ray Whitley, District Attorney
General; and Dee David Gay, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: SMITH
First Paragraph:
The appellant, Bobby Blackmon, appeals from the lower court's denial
of his motion to modify and correct an illegal sentence or in the
alternative petition for the writ of habeas corpus. Finding no error
in the summary dismissal of the appellant's motion or petition, the
judgment of the lower court is affirmed.
http://www.tba.org/tba_files/TCCA/blackmonbobby.wpd
STATE OF TENNESSEE v. ALVIN CARROLL
Court:TCCA
Attorneys:
Daniel J. Freemon (on appeal), Lawrenceburg, Tennessee, for the
appellant, Alvin Carroll.
Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Jeffrey L. Long, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: WILLIAMS
First Paragraph:
After being indicted for the sale of a controlled substance, the
defendant filed an Affidavit of Indigency to obtain a court-appointed
lawyer. The State dismissed the drug charges against the defendant
and later charged the defendant with aggravated perjury, a Class D
felony, regarding his answers to the trial court considering his
request for a court-appointed lawyer. He was found guilty and
sentenced as a Range I standard offender to two years in the Tennessee
Department of Correction, with 180 days to serve and the balance on
supervised probation. In this appeal, the defendant presents the
following issues for review: (1) the evidence was insufficient to
support the jury verdict; (2) the trial court erred in requiring the
defendant to go to trial without an attorney; and (3) the trial court
erred in sentencing the defendant. This is a case of first impression
in Tennessee regarding an aggravated perjury conviction for making
false statements to the trial court when requesting a court-appointed
lawyer. We conclude the evidence is sufficient to sustain a
conviction of aggravated perjury. We conclude the trial court did not
err in requiring the defendant to go to trial without an attorney.
http://www.tba.org/tba_files/TCCA/carrolla.wpd
CHARLES ROY COLE v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Michael D. Rasnake, Jackson, Tennessee, for the appellant, Charles Roy
Cole.
Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan,
Assistant Attorney General; James G. Woodall, District Attorney
General; and Al Earls, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: WOODALL
First Paragraph:
Petitioner, Charles Roy Cole, filed a petition for post-conviction
relief in the Circuit Court of Madison County. Following an
evidentiary hearing, the trial court dismissed the petition. We
affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/colecr.wpd
STATE OF TENNESSEE v. BRANDON RONALD CRABTREE
Court:TCCA
Attorneys:
Lawrence Alan Poindexter, Lebanon, Tennessee, for the appellant,
Brandon Ronald Crabtree.
Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; Tom P. Thompson, Jr., District
Attorney General; David Durham, Assistant District Attorney General;
and Brian Fuller, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: WOODALL
First Paragraph:
Following a jury trial, Defendant, Brandon Ronald Crabtree, was found
guilty of (1) selling marijuana, a Schedule VI controlled substance in
an amount of not less than one-half ounce nor more than ten pounds, a
Class E felony, and (2) selling a counterfeit controlled substance, a
Class E felony. After a sentencing hearing, Defendant was sentenced
to two years for each conviction, and the trial court ordered the
sentences to be served consecutively. The trial court also determined
at the sentencing hearing that Defendant was then (or at that time) on
probation for a prior conviction and that Defendant was in violation
of that probation. The trial court revoked Defendant's probation and
ordered the original sentence of eighteen months to run consecutively
to the sentences imposed for the two felony convictions for an
effective sentence of five and one-half years. In his appeal,
Defendant does not contest his conviction for selling a Schedule VI
controlled substance. However, Defendant contends that the evidence
was insufficient to sustain his conviction for the sale of a
counterfeit controlled substance. Defendant also challenges the
length of his sentences arguing that the trial court failed to follow
the principles of the Tennessee Criminal Sentencing Reform Act of 1989
and failed to properly weigh mitigating and enhancing factors. After
a careful review of the record, we affirm Defendant's conviction for
the sale of a counterfeit controlled substance and affirm the trial
court's judgments as to Defendant's sentences.
http://www.tba.org/tba_files/TCCA/crabtreebrandonr.wpd
STATE OF TENNESSEE v. THERON DAVIS
Court:TCCA
Attorneys:
William D. Massey and Lorna S. McClusky, Memphis, Tennessee, for the
appellant, Theron Davis.
Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and David C. Henry and J. Robert Carter, Jr., Assistant
District Attorneys General, for the appellee, State of Tennessee.
Judge: GLENN
First Paragraph:
The defendant was convicted by a Shelby County Criminal Court jury of
especially aggravated robbery and criminal attempt to commit second
degree murder for his role with a codefendant in robbing and shooting
the owner of a Memphis jewelry store. He was sentenced by the trial
court to consecutive terms of twenty-three years at 100% for the
especially aggravated robbery conviction and twelve years at 30% for
the attempted second degree murder conviction. In a timely appeal to
this court, the defendant raises the following four issues: (1)
whether the trial court erred by overruling his motion to suppress the
victim's identification testimony; (2) whether the trial court erred
by denying his request for a special jury instruction; (3) whether the
trial court committed plain error in its instruction of the definition
of "knowingly"; and (4) whether the trial court erred by ordering
consecutive sentencing. Based on our review of the record and
applicable law, we affirm the judgments of the trial court.
http://www.tba.org/tba_files/TCCA/davisrt.wpd
WILLIAM ANDREW DIXON v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Thomas F. Bloom, Nashville, Tennessee, for the appellant, William
Andrew Dixon.
Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; Dan M. Alsobrooks, District Attorney
General; and Carey Thompson, Assistant District Attorney General, for
the appellee, State of Tennessee.
Judge: GLENN
First Paragraph:
The petitioner, William Andrew Dixon, was convicted in 1981 of
kidnapping for ransom and sentenced by the jury to life imprisonment
without the possibility of parole. Subsequently, he filed a petition
for writ of habeas corpus, and our supreme court determined that his
sentence was void, remanding for resentencing and concluding that he
should have been sentenced to life with the possibility of parole. On
remand, the trial court sentenced the petitioner to life with parole,
and he appealed the resentencing, arguing that only a jury could
impose the sentence. We conclude that the directive of our supreme
court was that the punishment should be life with the possibility of
parole and that the court could set this punishment. Accordingly, we
affirm the judgment of the post- conviction court.
http://www.tba.org/tba_files/TCCA/dixonwilliama.wpd
STATE OF TENNESSEE v. JAMIE LOU HANELINE
Court:TCCA
Attorneys:
Daniel J. Taylor, Jackson, Tennessee, for the appellant, Jamie Lou
Haneline.
Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; Robert Radford, District Attorney General;
and John Overton, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: WELLES
First Paragraph:
The Defendant, Jamie Lou Haneline, was convicted by a jury of one
count of rape of a child. Following a sentencing hearing, he was
sentenced to thirty-eight years in the Department of Correction. In
this direct appeal, the Defendant raises three issues: (1) whether the
evidence is sufficient to support his conviction; (2) whether the
trial court erred by admitting the testimony of a police officer
regarding a statement made by the Defendant; and (3) whether the trial
court erred by enhancing the Defendant's sentence based upon the
offense having been committed to gratify the Defendant's desire for
pleasure or excitement. Finding no reversible error, we affirm the
judgment of the trial court.
http://www.tba.org/tba_files/TCCA/hanelinejl.wpd
STATE OF TENNESSEE v. ROBERT TYLER HAYNES
Court:TCCA
Attorneys:
George Morton Googe, District Public Defender; and Stephen P.
Spracher, Assistant District Public Defender, for the appellant,
Robert Tyler Haynes.
Paul G. Summers, Attorney General and Reporter; Christine M. Lapps,
Assistant Attorney General; James G. (Jerry) Woodall, District
Attorney General; and Jody S. Pickens, Assistant District Attorney
General, for the appellee, State of Tennessee.
Judge: RILEY
First Paragraph:
In this direct appeal, the defendant argues the trial court erred in
revoking his probation and requiring him to serve his four-year
sentence in the Department of Correction. We affirm the judgment of
the trial court.
http://www.tba.org/tba_files/TCCA/haynesr1.wpd
STATE OF TENNESSEE v. CLORIE L. JACKSON
Court:TCCA
Attorneys:
Michael Rasnake, Jackson, Tennessee, for the appellant, Clorie L.
Jackson.
Paul G. Summers, Attorney General and Reporter; Braden H. Boucek,
Assistant Attorney General; Jerry Woodall, District Attorney General;
and James Thompson, Assistant District Attorney General, for the
appellee, State of Tennessee.
Judge: WELLES
First Paragraph:
The Defendant, Clorie L. Jackson, was convicted by a jury of forgery
and money laundering. The trial court subsequently merged the forgery
conviction into the money laundering conviction, and sentenced the
Defendant to nineteen years in the Department of Correction. In this
direct appeal, the Defendant challenges the sufficiency of the
evidence in support of the money laundering conviction, as well as the
trial court's jury instructions on that offense. Because we find the
evidence insufficient to support the money laundering conviction, we
reverse that conviction and dismiss the charge. The conviction for
forgery is reinstated. The case is remanded to the trial court for
sentencing on the forgery conviction.
http://www.tba.org/tba_files/TCCA/jacksoncl.wpd
STATE OF TENNESSEE v. DEBIASI SIRNARD KING
Court:TCCA
Attorneys:
John Allen Brooks, Chattanooga, Tennessee, for the appellant, Debiasi
Sirnard King.
Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; William H. Cox, III, District Attorney
General; and Rodney C. Strong, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: WILLIAMS
First Paragraph:
The defendant was convicted by a jury of second degree murder and was
sentenced to twenty-two years in the Tennessee Department of
Correction. The defendant brings this appeal and contends the
following:
(1) The participation of a special prosecutor, hired by the victim's
family, is a violation of the defendant's constitutional rights;
(2) The trial court erroneously denied defense counsel the opportunity
to cross- examine the driver of the vehicle containing the victim,
Fernando Hawkins;
(3) The trial court failed to give a curative instruction after
Detective Hawkins stated that he obtained a warrant for first
degree murder of the defendant;
(4) The trial court failed to charge the jury on the lesser included
offense of facilitation of second degree murder; and
(5) The trial court erroneously sentenced the defendant to twenty-two
years in the Tennessee Department of Correction. We conclude the trial
court did not err and affirm the judgments of the trial court.
http://www.tba.org/tba_files/TCCA/kingds.wpd
ROOSEVELT MALONE v. STATE OF TENNESSEE
(CORRECTED OPINION)
Court:TCCA
Attorneys:
Roosevelt Malone, Whiteville, Tennessee, pro se.
Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; and Randall Eugene Nichols, District
Attorney General, for the appellee, State of Tennessee.
Judge: WOODALL
First Paragraph:
Petitioner, Roosevelt Malone, appeals the post-conviction court's
dismissal of his petition for post- conviction relief. Petitioner
contends that the post-conviction court erred when it failed to
conduct an evidentiary hearing and failed to grant Petitioner
sufficient time to amend his petition. Upon review of this matter, we
reverse the judgment of the post-conviction court and remand this case
for proceedings consistent with this opinion.
http://www.tba.org/tba_files/TCCA/malonerooseveltcxcx.wpd
STATE OF TENNESSEE v. STEPHEN MASSEY, A/K/A STEPHANIA
Court:TCCA
Attorneys:
Hershell D. Koger, Pulaski, Tennessee, for the appellant, Stephen
Massey.
Paul G. Summers, Attorney General and Reporter; Helena Walton
Yarbrough, Assistant Attorney General; Mike Bottoms, District Attorney
General; and Richard H. Dunavant and Patrick S. Butler, Assistant
District Attorneys General, for the appellee, State of Tennessee.
Judge: MCGEE OGLE
First Paragraph:
The appellant, Stephen Massey, was convicted by a jury in the Giles
County Circuit Court of two counts of selling less than .5 grams of
crack cocaine, Class C felonies, and three counts of selling .5 grams
or more of crack cocaine, Class B felonies. The trial court sentenced
the appellant as a Range II multiple offender to an effective sentence
of eighteen years incarceration in the Tennessee Department of
Correction. On appeal, the appellant contends that (1) the trial
court erred in denying the appellant's motion to dismiss on speedy
trial grounds, (2) the trial court erred in denying the appellant's
motion to sever, (3) the trial court erred in allowing the State to
exclude two African- Americans from the jury based on their race, and
(4) the sentences imposed by the trial court were excessive. Upon
review of the record and the parties' briefs, we affirm the judgments
of the trial court.
http://www.tba.org/tba_files/TCCA/masseys.wpd
STATE OF TENNESSEE v. FREDRICK ROBINSON
Court:TCCA
Attorneys:
A C Wharton, Jr., Shelby County Public Defender; W. Mark Ward,
Assistant Public Defender (on appeal); and Kathy Kent, Assistant
Public Defender (at trial), for the appellant, Fredrick Robinson.
Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Stephen P. Jones, Assistant District Attorney General,
for the appellee, State of Tennessee.
Judge: GLENN
First Paragraph:
The defendant was convicted by a Shelby County Criminal Court jury of
aggravated burglary, a Class C felony, and sentenced by the trial
court as a Range III, persistent offender to fifteen years in the
Department of Correction. In this appeal as of right, he raises two
issues: whether the evidence was sufficient to support his conviction
and whether the trial court committed reversible error by failing to
instruct the jury on the lesser-included offense of facilitation.
Following our review, we affirm the judgment of the trial court.
http://www.tba.org/tba_files/TCCA/robinsf.wpd
STATE OF TENNESSEE v. ROMEY STONE
Court:TCCA
Attorneys:
Paul G. Whetstone, Mosheim, Tennessee, for the Appellant, Romey Stone.
Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Brent C. Cherry, Assistant Attorney General; Al C.
Schmultzer, Jr., District Attorney General; and Ronald C. Newcomb,
Assistant District Attorney General, for the Appellee, State of
Tennessee.
Judge: HAYES
First Paragraph:
The Appellant, Romey Stone, appeals the decision of the Grainger
County Circuit Court revoking his placement in the community
corrections program and ordering service of his original sentences in
the Department of Correction. On appeal, Stone argues that: (1) the
trial court abused its discretion by relying on unreliable evidence in
revoking his community corrections sentences, and (2) he was denied
due process based upon the lack of a "neutral and detached"
fact-finder. After review, the judgment of the trial court is
affirmed.
http://www.tba.org/tba_files/TCCA/stoneromey.wpd
STEVE E. TODD v. STATE OF TENNESSEE
Court:TCCA
Attorneys:
Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Bernard F. McEvoy, Assistant District Attorney General,
for the appellant, State of Tennessee.
Thomas H. Potter, Nashville, Tennessee, for the appellee, Steve E.
Todd.
Judge: GLENN
First Paragraph:
The petitioner, Steve E. Todd, pled guilty in 1994 to two counts of
rape of a child, receiving concurrent twenty-three-year sentences as a
Range I offender. He filed a post-conviction petition in 1995
alleging, inter alia, that at the time of his pleas of guilty he had
not understood that his sentences would be served without the
possibility of parole. Counsel, appointed to represent him, filed an
amended petition, which the post-conviction court dismissed following
an evidentiary hearing. This court reversed the dismissal and
remanded the matter for additional findings to be made. Following the
remand, the post-conviction court granted the petition, concluding
that the guilty pleas had not been knowing. The State appealed and,
following our review, we reverse the order of the post-conviction
court and remand this matter for another evidentiary hearing.
http://www.tba.org/tba_files/TCCA/toddstevee.wpd
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