Opinion Flash

June 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):
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
05 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


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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