Opinion Flash

June 13, 2003
Volume 9 — Number 106

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
03 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


RICKY FLAMINGO BROWN, SR. v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

Ricky Flamingo Brown, Sr., Riverbend Maximum Security Institution, Pro
Se.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; Victor S. Johnson, III, District
Attorney General; and Roger D. Moore, Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: GLENN

First Paragraph:

The petitioner, Ricky Flamingo Brown, Sr., was convicted in 1987 of
the aggravated rape of his daughter.  He later sought direct and
delayed appeals, both of which were denied by this court and the
Tennessee Supreme Court.  Subsequently, he filed a petition pursuant
to Tennessee Code Annotated section 40-30-403, which allows a
defendant to petition the court for DNA analysis of evidence in
possession of the State.  The State responded to the petition by
stating that evidence suitable for DNA testing was never collected and
did not exist.  The post-conviction court dismissed the petition and,
following our review, we affirm that dismissal.

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

STATE OF TENNESSEE v. AARON EUGENE STENBERG

Court:TCCA

Attorneys:   

John S. Colley, III (on appeal), and Bobby W. Sands (at trial),
Columbia, Tennessee, for the appellant, Aaron Eugene Stenberg.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Mike Bottoms, District Attorney General;
and Daniel J. Runde, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The trial court sentenced the defendant to an effective term of six
years with 120 days incarceration followed by probation as a result of
the defendant's guilty pleas to three counts of vandalism over
$10,000, one count of vandalism over $1,000, one count of vandalism
over $500, and one count of vandalism under $500.  In this appeal, the
defendant argues: (1) his sentence is excessive; (2) the trial court
erred in denying him full probation; and (3) the trial court erred in
denying judicial diversion.  We remand for correction of clerical
errors in some of the judgments but otherwise affirm the judgments of
the trial court.

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

STATE OF TENNESSEE  v.  JERRY W. YANCY, JR.

Court:TCCA

Attorneys:  

John S. Colley, III, Columbia, Tennessee, for the appellant, Jerry W.
Yancy, Jr.

Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe,
Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Sharon Guffee, Assistant District Attorney General, for
the appellee, the State of Tennessee.

Judge: WOODALL

First Paragraph:

On April 12, 1999, the Williamson County Grand Jury returned a
five-count indictment charging Defendant, Jerry W. Yancy, Jr., with
two counts of aggravated assault and three counts of felony reckless
endangerment.  The district attorney general denied Defendant's
request for pretrial diversion.  In a writ of certiorari, Defendant
asked the trial court to review the district attorney general's denial
of pretrial diversion.  Following a hearing, the trial court denied
certiorari.  The trial court also denied Defendant's motion to file an
interlocutory appeal pursuant to Rule 9, Tenn. R. App. P.  Defendant
applied for an extraordinary appeal pursuant to Rule 10, Tenn. R. App.
P., which this Court denied.  Defendant entered guilty pleas to two
counts of felony reckless endangerment and was convicted by a jury of
two counts of aggravated assault.  He was acquitted on the remaining
count of felony reckless endangerment.  The trial court sentenced
Defendant to serve sixty days in confinement and four years on
probation.  On direct appeal, this Court affirmed the trial court's
judgments.  The Tennessee Supreme Court granted permission to appeal
and held that this Court erred by looking to the entire record in
deciding whether the denial of pretrial diversion was proper.  State
v. Yancey, 69 S.W.3d 553 (Tenn. 2002).  The supreme court remanded the
case back to the trial court for application of the proper standard of
review.  Id.  On remand from the supreme court, the trial court
entered an order affirming the denial of pretrial diversion. 
Defendant appeals that decision.

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

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