Opinion FlashJune 18, 2003
Volume 9 Number 109
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
STATE OF TENNESSEE v. RICKY LAMONT BRIGMAN Court:TCCA Attorneys: Judge: HAYS Carrie Kersh-Gasaway, Clarksville, Tennessee, for the Appellant, Ricky Lamont Brigman. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Renee W. Turner, Assistant Attorney General; Victor S. (Torry) Johnson III, District Attorney General; and Brian Holmgren, Assistant District Attorney General, for the Appellee, State of Tennessee. First Paragraph: The Appellant, Ricky Lamont Brigman, was convicted by a Davidson County jury of three counts of rape of a child, one count of attempted rape of a child, two counts of aggravated sexual battery, three counts of rape, one count of attempted rape, one count of sexual battery, one count of attempted sexual battery, and one count of sexual exploitation involving six minor male victims. For these convictions, he received an effective sentence of ninety-one years. On appeal, Brigman challenges both his convictions and sentences upon the following grounds: (1) with respect to certain convictions, a material variance exists between the indictments and the convicting evidence; (2) the "cancellation" rule requires dismissal of his conviction for sexual battery; (3) the trial court provided improper jury instructions with regard to the "cancellation" rule and the requisite mental states; (4) the sentences are excessive due to the trial court's failure to apply mitigating factors at sentencing; and (5) the improper imposition of consecutive sentences. After review, we find no reversible error and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/brigman.wpd
STATE OF TENNESSEE v. PATTY FRANCINE GRISSOM Court:TCCA Attorneys: Patty Francine Grissom, McMinnville, Tennessee, Pro se (on appeal); and Keith S. Smartt, McMinnville, Tennessee and J. Hilton Conger, Smithville, Tennessee (at trial), for the appellant, Patty Francine Grissom. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; Dale Potter, District Attorney General; and Thomas J. Minor, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Patty Francine Grissom, was convicted of the simple possession of a Schedule II controlled substance and she received a probationary sentence of eleven months and twenty-nine days. Subsequently, the trial court revoked the appellant's probation upon finding that she had possessed drugs and drug paraphernalia while on probation. On appeal, the appellant raises several issues concerning her probation revocation. Upon reviewing the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/grissompf.wpd
STATE OF TENNESSEE v. JAMES EDWARD PEDEN Court:TCCA Attorneys: John H. Richardson, Jr., Fayetteville, Tennessee, for the Appellant, James Edward Peden. Paul G. Summers, Attorney General & Reporter; P. Robin Dixon, Jr., Assistant Attorney General; William Michael McCown, District Attorney General; and Weakley E. Barnard, Brooke Grubb, and Ann Filer, Assistant District Attorneys General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant, James Edward Peden, appeals his Lincoln County Circuit Court jury conviction of failure to appear, a Class E felony. He challenges the sufficiency of the convicting evidence and the trial court's ruling that allowed evidence of certain prior convictions to impeach his testimony. Finding no reversible error, we affirm. http://www.tba.org/tba_files/TCCA/peden.wpd
STATE OF TENNESSEE v. DEREK PAUL WHYTSELL Court:TCCA Attorneys: Lloyd A. Levitt, Chattanooga, Tennessee, for the appellant, Derek Paul Whytsell. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; William H. Cox, III, District Attorney General; and Carl T. Huskins, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Hamilton County jury convicted the Defendant of DUI and imposed a $500 fine. The trial court sentenced the Defendant to eleven months and twenty-nine days in the penal farm, which was suspended after service of forty-eight hours. The trial court further ordered the Defendant to perform fifty days of community service, imposed a fine of $510, revoked his license for a year, and required him to attend DUI school. The Defendant now appeals, arguing that the trial court abused its discretion in sentencing him. After a careful review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/whytselldp.wpd
STATE OF TENNESSEE v. SUSAN WOOLUM Court:TCCA Attorneys: William C. Talman, Knoxville, Tennessee, for the appellant, Susan Woolum. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III; Assistant Attorney General; Randall E. Nichols, District Attorney General; and Mike Gallegos, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: The appellant, Susan Woolum, pled guilty to one count of theft of property valued at over $500 and less than $1,000 and five counts of theft of property valued at $500 or less. The offenses are classified as one Class E felony and five Class A misdemeanors in violation of Tenn. Code Ann. S39-14-103. The appellant received a Range I sentence of two years in the Tennessee Department of Correction and five 11-month-and-29-day sentences to be served at 75%. All sentences were to be served concurrently. A sentencing hearing was held on July 19, 2002 and the trial court directed that appellant serve a sentence of split confinement with six months in the Knox County Penal Farm and 18 months on State probation for her felony conviction, and a sentence of 11 months and 29 days on full probation for her misdemeanor convictions. In this direct appeal the appellant raises the issue of whether the trial court's refusal to grant full probation was supported by the record. After a review of this case, we find that the trial court was correct in denying full probation and therefore we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/woolumsusan.wpd
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