Opinion FlashSeptember 10, 2003
Volume 9 Number 165
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
STATE OF TENNESSEE v. WILLIAM E. McCARVER Court:TCCA Attorneys: Leonard "Mike" Caputo, Chattanooga, Tennessee (on appeal); Stephen T. Greer and Thomas A. Greer, Dunlap, Tennessee (at trial), for the appellant, William E. McCarver. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Thomas D. Hembree, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant was convicted by a Sequatchie County Circuit Court jury of first degree premeditated murder for shooting his wife's boyfriend to death outside a gasoline station and convenience store. Because the State did not seek either the death penalty or life without parole, the trial court automatically sentenced him to life imprisonment in the Department of Correction. In this appeal as of right, the defendant raises essentially three issues: (1) whether the evidence was sufficient to support his conviction; (2) whether the trial court erred in admitting into evidence enhanced versions of the store surveillance videotape of the shooting; and (3) whether the trial court erred in its jury instructions on intentionally and knowingly. Following our review, we conclude that the evidence is sufficient to sustain the defendant's conviction for premeditated murder, the trial court did not err in admitting the videotapes, and any deficiency in the jury instructions constituted harmless error. Accordingly, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/mccarverwilliame.wpd
Preliminary Examinations Date: September 8, 2003 Opinion Number: 03-108 http://www.tba.org/tba_files/AG/2003/op108.pdf
Election of Chattanooga City Judge Date: September 8, 2003 Opinion Number: 03-109 http://www.tba.org/tba_files/AG/2003/op109.pdf
Residence of Judicial Commissioner Date: September 8, 2003 Opinion Number: 03-110 http://www.tba.org/tba_files/AG/2003/op110.pdf
Eligibility of County Legislator to Run for Assessor of Property Date: September 8, 2003 Opinion Number: 03-111 http://www.tba.org/tba_files/AG/2003/op111.pdf
Multicandidate political campaign committees Date: September 9, 2003 Opinion Number: 03-112 http://www.tba.org/tba_files/AG/2003/op112.pdf
Application of Tennessee Code Annotated, Section 49-2-201, as amended by Chapter 404 of the Public Acts of 1995, regarding the election of municipal boards of education. Date: September 9, 2003 Opinion Number: 03-113 http://www.tba.org/tba_files/AG/2003/op113.pdf
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