Opinion FlashSeptember 24, 2003
Volume 9 Number 174
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. PRESTON CARTER CORRECTED OPINION Court:TSC Attorneys: James A. Simmons and Thomas F. Bloom, Nashville, Tennessee, for the appellant, Preston Carter. Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; and Elizabeth T. Ryan, Assistant Attorney General, for the appellee, State of Tennessee. Judge: HOLDER First Paragraph: The appeal in this capital case arises from the resentencing of Preston Carter, who originally pleaded guilty and was sentenced to death in 1995 for the felony murders of Thomas and Tensia Jackson. On appeal, this Court reversed the death sentences because the jury had used an outdated verdict form containing the incorrect burden of proof. See State v. Carter, 988 S.W.2d 145 (Tenn. 1999). Following a resentencing hearing, the jury again imposed a sentence of death on both counts, and the Court of Criminal Appeals affirmed. On automatic appeal under Tennessee Code Annotated section 39-13-206(a)(1), we designated the following issues for oral argument: (1) whether the trial court abused its discretion in admitting photographs of the victims' bodies; (2) whether the trial court committed reversible error in excluding certain mitigating evidence; (3) whether the admission of victim impact evidence violated the constitutional provisions against ex post facto laws; and (4) all other issues mandated by Tennessee Code Annotated section 39-13-206(c)(1). Having carefully reviewed these issues, we hold that none warrants reversal of the sentences of death. Accordingly, we affirm the Court of Criminal Appeals. http://www.tba.org/tba_files/TSC/carterp.wpd
HAREN CONSTRUCTION CO., INC. v. B & G ELECTRICAL CONTRACTORS, INC. Court:TCA Attorneys: Howard B. Jackson, Knoxville, TN, for Appellant David A. Velander, Memphis, TN, for Appellee Judge: HIGHERS First Paragraph: This is an appeal from the denial of Appellants' motion to vacate an arbitration award. Appellants contend that one of the arbitrators chosen by their opponents exhibited behavior showing evident partiality. Appellants further contend that the trial court erred in not applying the Federal Arbitration Act to the case and in awarding Appellees Rule 11 sanctions. For the following reasons, we affirm the court below. http://www.tba.org/tba_files/TCA/haren2.wpd
STATE OF TENNESSEE v. STEVEN D. TARTER Court:TCCA Attorneys: Steven McEwen, Mountain City, Tennessee (on appeal), and Terry L. Jordan, Blountville, Tennessee (at trial and on appeal), for the appellant, Steven D. Tarter. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Joseph Eugene Perrin, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Steven D. Tarter, pled guilty in the Sullivan County Criminal Court to multiple offenses and received a total effective sentence of four years incarceration in the Tennessee Department of Correction. On appeal, the appellant challenges the trial court's denial of alternative sentencing. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/tartersd.wpd
STATE OF TENNESSEE v. CURTIS E. WELLS Court:TCCA Attorneys: Virginia Lee Story and Dana M. Ausbrooks, Franklin, Tennessee, for the appellant, Curtis E. Wells. Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr., Assistant Attorney General; Ronald L. Davis, District Attorney General; and Matthew T. Colvard, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Curtis E. Wells, pled guilty in the Williamson County Circuit Court to robbery, a Class C felony. The plea agreement provided that the appellant would receive a sentence of six years, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court ordered the appellant to serve one year at one hundred percent (100%) in the Williamson County Jail, with the remainder of the sentence to be suspended and served on intensive probation. On appeal, the appellant asserts that the trial court erred by not granting total probation. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/wellscurtis.wpd
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