Opinion FlashSeptember 12, 2003
Volume 9 Number 167
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, DEPARTMENT OF CHILDREN'S SERVICES v. E. G. P. Court:TCA Attorneys: Paul G. Summers, Attorney General and Reporter; Douglas Earl Dimond, Assistant Attorney General for Appellant, State of Tennessee Department of Children's Services. Ashley L. Ownby, Cleveland, Tennessee, Guardian ad Litem for N. P., Jr. Debra Lynn House and Ginger Wilson Buchanan, Cleveland, Tennessee, for Appellee, E. G. P. Judge: INMAN First Paragraph: The Juvenile Court of Bradley County ordered that a placement should be found by the Department of Children's Services ("DCS") for a sixteen-year-old mother with her two and one-half-year-old child, the latter of whom had been in foster care most of his life. Time constraints were imposed and DCS did not or was unable to comply with the judgment, which resulted in a finding of contempt. The DCS appeals, and presents a litany of issues for review, one of which alleges that the juvenile court lacked jurisdiction to adjudicate a placement. The judgment is vacated in toto and the case is remanded. http://www.tba.org/tba_files/TCA/egp.wpd
STATE OF TENNESSEE v. GUADALUPE STEVEN MENDEZ Court:TCCA Attorneys: Merrilyn Feirman, Nashville, Tennessee, and Joe Finley, Cookeville, Tennessee, for the appellant, Guadalupe Steven Mendez. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Bill Gibson, District Attorney General; and Anthony Craighead, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Guadalupe Steven Mendez, was convicted by a jury of aggravated rape and especially aggravated sexual exploitation of a minor. The trial court sentenced the Defendant to terms of twenty-four years for the aggravated rape and ten years for the sexual exploitation. These sentences were ordered to be served concurrently to each other but consecutively to a prior sentence. In this direct appeal, the Defendant challenges the sufficiency of the evidence in support of the aggravated rape conviction, and further complains that his sentence is excessive. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/mendezgs.wpd
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