Opinion Flash

August 21, 2003
Volume 9 — Number 152

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
03 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. BRANDON RAY ROLAND

Court:TCCA

Attorneys:                          

Philip A. Condra, District Public Defender, and B. Jeffrey Harmon,
Assistant Public Defender, for the appellant, Brandon Ray Roland.

Paul G. Summers, Attorney General and Reporter; Renee W. Turner,
Assistant Attorney General; James Michael Taylor, District Attorney
General; and James Pope, Assistant District Attorney General, for the
appellee, State of Tennessee.

Judge: WOODALL

First Paragraph:

Following a jury trial, Defendant, Brandon Ray Roland, was convicted
of first degree premeditated murder, first degree felony murder and
theft of property over $10,000.  The trial court merged the felony
murder conviction into the premeditated first degree murder conviction
and sentenced Defendant to life imprisonment.  After a sentencing
hearing, the trial court sentenced Defendant to three years for the
theft conviction and ordered the sentence to run concurrently with the
life sentence.  In his appeal, Defendant argues that (1) the evidence
is insufficient to sustain his conviction for first degree murder; (2)
the trial court erred in not granting a new trial because of improper
juror conduct; (3) the trial court erred in not suppressing a letter
written by Defendant while in juvenile detention; and (4)  the Rhea
County Juvenile Court erred in transferring Defendant to stand trial
as an adult.  Defendant does not appeal his conviction for theft. 
Following a thorough review of the record, we affirm the judgment of
the trial court.

http://www.tba.org/tba_files/TCCA/rolandbrandon.wpd

STATE OF TENNESSEE v. JOHN A. TURBYVILLE

Court:TCCA

Attorneys:                          

William A. Kennedy, Blountville, Tennessee, for the appellant, John A.
Turbyville.

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; Greeley Wells, District Attorney General;
and Robert Montgomery, Jr., Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The appellant was convicted by a jury of the offense of reckless
aggravated assault.  He received a sentence of seven years
incarceration as a Range II multiple offender convicted of a Class D
felony.  On appeal the appellant contends that the evidence is
insufficient to support the verdict and that the trial court erred in
denying him any form of alternative sentencing.  Appellate review is
available for these two issues despite the fact that the appellant
failed to file a timely motion for new trial under Tenn. R. Crim. P.
33(b).  However, review of these issues is dependent on either a
timely filed notice of appeal, or in the interest of justice, a waiver
of the timely filing of a notice appeal.  Tenn. R. App. P. 4(a). 
Because the appellant filed a late motion for a new trial, his notice
of appeal is likewise tardy.  Neither has the appellant sought a
waiver of the timely filing of the notice of appeal.  Under these
circumstances the appeal is DISMISSED.

http://www.tba.org/tba_files/TCCA/turbyvillejohn.wpd

STATE OF TENNESSEE v. WILLIAM L. VAUGHN

Court:TCCA

Attorneys:                          

J. Robin McKinney, Jr. (at trial), Jefre S. Goldtrap (on appeal), and
Dwight E. Scott (on appeal), Nashville, Tennessee, for the appellant,
William L. Vaughn.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Bernard F. McEvoy, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The defendant pled nolo contendere to two counts of aggravated sexual
battery.  Following a sentencing hearing, the trial court imposed two
consecutive ten-year sentences.  In this appeal, the defendant argues
his sentence is excessive.  We affirm the judgments of the trial
court.

http://www.tba.org/tba_files/TCCA/vaughnwilliam.wpd

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