Opinion FlashJuly 7, 2003
Volume 9 Number 119
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
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0707.wpd
IN RE: TENNESSEE RULES OF PROFESSIONAL CONDUCT Court:TSC - Rules First Paragraph: On January 31, 2003, the Tennessee Bar Association ("TBA") filed a "Petition for Reconsideration or Clarification" concerning certain provisions of the Rules of Professional Conduct. In Section 4 of Part C of the Petition, the TBA proposed adding a new Comment  to RPC 4.1. http://www.tba.org/tba_files/TSC_Rules/rule8order.wpd
STATE OF TENNESSEE v. TAMMY ANNETTE BURRUSS Court:TCCA Attorneys: Robert S. Peters, Winchester, Tennessee, for the appellant, Tammy Annette Burruss. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; William Michael McCown, District Attorney General; and Michael David Randles, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The defendant, Tammy Annette Burruss, was convicted by a Bedford County Circuit Court jury of theft of a vehicle worth more than $10,000, a Class C felony, for which she received a four-year sentence as a Range I, standard offender. She contends that the evidence is insufficient to support her conviction and that the trial court erred by allowing the state to impeach her with a prior bad check conviction pursuant to Tenn. R. Evid. 609(b). We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/burrusstammya.wpd
STATE OF TENNESSEE v. GREGORY DALE CLAYTON Court:TCCA Attorneys: Fletcher W. Long, Nashville, Tennessee, for the appellant, Gregory Dale Clayton. Paul G. Summers, Attorney General and Reporter; David H. Findley, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Kristen K. Shea, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Gregory Dale Clayton, was found guilty by a jury in the Davidson County Criminal Court of driving under the influence (DUI). The trial court imposed a sentence of eleven months and twenty-nine days incarceration in the Davidson County Jail. Additionally, the appellant pled guilty to a violation of the implied consent law and suffered the forfeiture of his driver's license for one year. On appeal, the appellant raises two issues relating to the rendering of the jury's verdict. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/claytong.wpd
BILLY J. COFFELT v. STATE OF TENNESSEE - Filed July 2, 2003 Court:TCCA Judge: BLACKBURN First Paragraph: The petitioner, Billy J. Coffelt, was convicted of assault with intent to commit first degree murder and assault with intent to commit robbery with a deadly weapon. Subsequently, the petitioner filed a petition for post-conviction relief, alleging the ineffective assistance of counsel, which petition was dismissed by the post-conviction court without a hearing. The petitioner currently appeals this ruling. Upon review of the record and the parties' briefs, we reverse the judgment of the post- conviction court and remand for an evidentiary hearing on the petition for post-conviction relief. http://www.tba.org/tba_files/TCCA/coffeltbj.wpd
CHARLES WESTON ELSEA, JR. v. STATE OF TENNESSEE Court:TCCA Attorneys: Bill Speek, Chattanooga, Tennessee, for the appellant, Charles Weston Elsea, Jr. Paul G. Summers, Attorney General & Reporter; Brent C. Cherry, Assistant Attorney General; and Barry A. Steelman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Charles Weston Elsea, Jr., appeals the trial court's denial of post-conviction relief. The single issue presented for review is whether he was denied the effective assistance of counsel at trial and on appeal. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/elseacharlesw.wpd
ANTHONY JEROME STOKES v. STATE OF TENNESSEE WITH DISSENTING OPINION Court:TCCA Attorneys: Julie Hall Baker, Columbus, Ohio, for the appellant, Anthony Jerome Stokes. Paul G. Summers, Attorney General & Reporter; Angele M. Gregory, Assistant Attorney General; and Rodney C. Strong, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Anthony Jerome Stokes, appeals the trial court's denial of post-conviction relief. The petitioner argues (1) that he is entitled to a delayed application for permission to appeal to our supreme court based upon his post-conviction counsel's failure to either notify him of the results of his appeal or withdraw as counsel; and (2) that the trial court erroneously declined to rule on issues presented on remand from this court. Our opinion and judgment entered April 23, 1999, in Anthony Jerome Stokes v. State, No. 03C01-9710-CR-00477, are vacated and re-entered as of this date. Because all other issues are beyond the scope of our remand, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/stokesanthonyj_opn.wpd DISSENTING OPINION http://www.tba.org/tba_files/TCCA/stokesanthonyj_dis.wpd
STATE OF TENNESSEE v. OLEAN W. THOMPSON Court:TCCA Attorneys: John H. Henderson, District Public Defender, Franklin, Tennessee, for the appellant, Olean W. Thompson. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III, Assistant Attorney General; Ron Davis, District Attorney General; and Derek K. Smith, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: The defendant Olean W. Thompson, pled guilty to theft of property $1,000 or more in value and aggravated robbery. Pursuant to a bench trial, he was found guilty of his four remaining indicted charges, four counts of especially aggravated kidnapping. The trial court then sentenced the defendant to serve two years for his theft conviction, eight years for his robbery conviction, and twenty years for each of his kidnapping convictions. The court then ordered the defendant to serve these sentences concurrently, resulting in a twenty-year aggregate sentence. The defendant now appeals his convictions and sentence, claiming that his due process rights were violated by his four convictions for especially aggravated kidnapping and that the trial court erred by imposing excessive sentences for each of his kidnapping convictions. After a thorough review of the record, we find that none of the defendant's allegations merit relief and accordingly affirm the defendant's convictions and sentence. http://www.tba.org/tba_files/TCCA/thompsonolean.wpd
STATE OF TENNESSEE v. TRACY WASHINGTON Court:TCCA Attorneys: J. Shannon Garrison, Dayton, Tennessee, for appellant, Tracy Washington. Paul G. Summers, Attorney General & Reporter; Renee W. Turner, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Will Dunn, Assistant District Attorney General, for appellee, State of Tennessee. Judge: SMITH First Paragraph: A Rhea County grand jury indicted the defendant on one count of sexual battery. At the conclusion of a trial, the jury convicted him as charged and fined him one thousand dollars. The trial court subsequently imposed a sentence of one year and six months, of which the defendant was ordered to serve thirty days. After unsuccessfully pursuing a judgment of acquittal or alternatively a new trial in the trial court, the defendant brings this appeal. Herein, he asserts that the record lacks sufficient evidence to sustain his conviction, that the trial court erred in failing to give the jury a curative instruction to disregard a hearsay statement made by the victim in court, and that the trial court erred in permitting the victim's brother to testify regarding a hearsay statement made by the victim. After reviewing the record and relevant authorities, we find that the defendant has waived one of these claims and that the remaining issues merit no relief. We, therefore, affirm the defendant's conviction. http://www.tba.org/tba_files/TCCA/washingtontracy.wpd
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