Opinion Flash

August 13, 2003
Volume 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):
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
06 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. 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

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