Opinion FlashJune 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):
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Howard H. Vogel
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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