Opinion FlashAugust 21, 2003Volume 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):
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. 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 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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