Opinion FlashAugust 13, 2003Volume 9 — Number 146 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):
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel STATE OF TENNESSEE v. DARLENE RENEE BLACKHURST Court:TCCA Attorneys: Richard A. Spivey, Kingsport, Tennessee, for the appellant, Darlene Renee Blackhurst. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and James Goodwin, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: On January 10, 2000, Defendant, Darlene Renee Blackhurst, pled guilty to a second offense of driving under the influence of an intoxicant ("DUI"), leaving the scene of an accident involving injury, and three counts of reckless aggravated assault. Following a sentencing hearing, the trial court imposed an effective sentence of three years, eleven months and twenty-nine days and ordered the sentence to be served on intensive supervised probation following a mandatory forty-five days in confinement for the DUI second offense. The State appealed the trial court's grant of full probation. After a de novo review, this Court reversed the trial court's judgment regarding the manner of service of Defendant's sentence and remanded the matter to the trial court for the limited purpose of determining whether Defendant should be incarcerated for the full term of her sentence, or, in the alternative, whether she should serve the balance of her sentence in split confinement. We directed the trial court to base its sentencing determination as to the manner of service of Defendant's sentence on the current record without a further evidentiary hearing. State v. Blackhurst, 70 S.W.3d 88 (Tenn. Crim. App. 2001). On remand, the trial court found that Defendant was not entitled to alternative sentencing and ordered Defendant to serve her sentence in confinement. Defendant now appeals her sentence arguing that (1) the trial court erred in denying Defendant's request for alternative sentencing; (2) the trial court erred in not considering additional evidence concerning Defendant's post-sentencing behavior; (3) that the trial court erred in not allowing Defendant credit for the time served on probation prior to resentencing; and (4) that the trial court improperly weighed the applicable mitigating and enhancement factors in determining the manner of service of Defendant's sentence. After a thorough review of the record in this matter, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/blackhurstdarlener.wpd STATE OF TENNESSEE v. CARLOS CAUDILL Court:TCCA Attorneys: Timothy P. Webb, Jacksboro, Tennessee, for the appellant, Carlos Caudill. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; William Paul Phillips, District Attorney General; Jared Effler, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Carlos Caudill, was indicted by the Claiborne County Grand Jury for second degree murder. On December 18, 2001, Defendant entered a guilty plea as a Range II multiple offender to voluntary manslaughter, with the length and manner of service of his sentence to be determined by the trial court. Following a sentencing hearing, the trial court sentenced Defendant to nine years imprisonment. Defendant appeals the length and manner of service of his sentence. We find no error and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/caudillcarlos.wpd STATE OF TENNESSEE v. RONALD C. FLOYD Court:TCCA Attorneys: C. Douglas Fields, Crossville, Tennessee, for the appellant, Ronald C. Floyd. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; William E. Gibson, District Attorney General; and Gary McKenzie, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Defendant, Ronald C. Floyd, pled guilty to possession of Diazepam, a Schedule IV controlled substance, with the intent to sell or deliver, a Class D felony. Pursuant to Tennessee Rule of Criminal Procedure 37, the Defendant reserved as a certified question of law the issue of whether the trial court erred by denying his motion to suppress. In this appeal, the issues presented are: (1) whether the failure to provide the Defendant with a copy of the search warrant at or before the initiation of the search invalidated the search, and (2) whether the description of the property to be seized as stated in the warrant was so general as to render the warrant invalid. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/floydrc1.wpd STATE OF TENNESSEE v. JIMMY WAYNE PERKEY Court:TCCA Attorneys: William C. Talman, Knoxville, Tennessee, for the appellant, Jimmy Wayne Perkey. Paul G. Summers, Attorney General & Reporter; Helena Walton Yarbrough, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Deborah Herron, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: The defendant, Jimmy Wayne Perkey, pled guilty to aggravated vehicular homicide. The trial court subsequently sentenced the defendant to serve twenty-five years as a Range I standard offender and ordered the defendant to pay a $50,000 fine. The defendant brings the instant appeal challenging his sentence and the imposition of his fine. After reviewing the record, we find that none of the defendant's claims merit relief. http://www.tba.org/tba_files/TCCA/perkeyjimmy.wpd STATE OF TENNESSEE v. MELISSA LEE SHOLTZ Court:TCCA Attorneys: Lisa Z. Espy, Chattanooga, Tennessee, for the appellant, Melissa Lee Sholtz. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; William H. Cox, District Attorney General; and Mary Sullivan Moore, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Melissa Lee Sholtz, pled guilty in the Hamilton County Criminal Court to one count of telephone harassment, a Class A misdemeanor. Pursuant to the plea agreement, the appellant was sentenced to eleven months and twenty-nine days in the county workhouse, with the sentence to be suspended and served on unsupervised probation. As a condition of probation, the appellant was ordered to have no contact with the victim. The trial court subsequently revoked the appellant's probation after finding that the appellant had violated the terms of probation by having contact with the victim. On appeal, the appellant argues that the trial court abused its discretion in revoking her probation. Upon review of the record and the parties' brief, we reverse the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Sholtzm.wpd STATE OF TENNESSEE v. TIMOTHY CLAYTON THOMPSON Court:TCCA Attorneys: Bruce E. Poston, Knoxville, Tennessee, for the appellant, Timothy Clayton Thompson. Paul G. Summers, Attorney General and Reporter; Angele M. Gregory, Assistant Attorney General; Randall E. Nichols, District Attorney General; Marsha Mitchell, Assistant District Attorney General; and Eugenia Grayer, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Timothy Clayton Thompson, pled guilty to one count of especially aggravated kidnapping, a Class A felony, and one count of aggravated rape, a Class A felony, without a recommendation from the State as to sentencing. Following a sentencing hearing, the trial court sentenced Defendant to twenty-two years for each felony count and ordered the sentences to run consecutively. Defendant now appeals the length of his sentence and the trial court's imposition of consecutive sentences. After a careful review of the record in this matter, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/thompsontimothyc.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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