Opinion FlashDecember 11, 2003
Volume 9 Number 226
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
BOBBY D. CANADA v. STATE OF TENNESSEE Court:TCCA Attorneys: Robert S. Asbury, Jacksboro, Tennessee, for the appellant, Bobby D. Canada. Paul G. Summers, Attorney General and Reporter; Brent C. Cherry, Assistant Attorney General; William Paul Phillips, District Attorney General; and Michael O. Ripley, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The petitioner was indicted for first degree murder and aggravated arson. Pursuant to a plea agreement, he pled guilty to second degree murder and setting fire to personal property. The petitioner filed for post-conviction relief, contending that he received ineffective assistance of counsel and that his guilty plea was not knowing and voluntary. The post-conviction court denied the petitioner relief. The judgment of the post-conviction court is affirmed. http://www.tba.org/tba_files/TCCA/canadabd.wpd
DWAN L. CRISP v. STATE OF TENNESSEE Court:TCCA Attorneys: Dwan L. Crisp, Henning, Tennessee, Pro se. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; and Thomas A. Thomas, District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The petitioner, Dwan L. Crisp, pled guilty in the Obion County Circuit Court to one count of rape and was sentenced to eight years incarceration in the Tennessee Department of Correction. Subsequently, the petitioner filed for testing of human biological evidence under the Post-Conviction DNA Analysis Act of 2001. The post-conviction court denied the petition and the petitioner timely appealed. Upon review of the record and the parties' briefs, we affirm the judgment of the post- conviction court. http://www.tba.org/tba_files/TCCA/crispdl.wpd
STATE OF TENNESSEE v. KENNETH PENCE Court:TCCA Attorneys: L.L. Harrell, Jr., Trenton, Tennessee, for the appellant, Kenneth Pence. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; and Garry G. Brown, District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant pled guilty to aggravated assault in exchange for a three-year sentence to be served on supervised probation with the trial court to determine the amount of restitution. Following a sentencing hearing, the trial court ordered the defendant to pay approximately $7,900.00 in restitution. In this appeal, the defendant argues: (1) the trial court erred in refusing to allow proof at sentencing regarding the circumstances surrounding the offense; and (2) the trial court erred in imposing restitution for the victim's lost wages, attorney's fees, and bond expenses, the latter two expenses resulting from the victim's defending himself against baseless criminal charges brought by the defendant. We affirm the trial court's decision regarding the admissibility of evidence and its order requiring the defendant to pay restitution for the victim's lost wages; we reverse the portion of the judgment which requires the defendant to pay restitution for the victim's attorney's fees and bond expenses. http://www.tba.org/tba_files/TCCA/pence.wpd
DARROW LYNN WILLIAMS v. STATE OF TENNESSEE Court:TCCA Attorneys: J. Barney Witherington, IV, Covington, Tennessee, for the Appellant, Darrow Lynn Williams. Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Walt Freeland, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The petitioner, Darrow Lynn Williams, seeks post-conviction relief from his 2001 second degree murder conviction. The Tipton County Circuit Court denied post-conviction relief, and now on appeal, the petitioner claims that his trial counsel was ineffective in failing to prepare and devise a trial strategy. Because the record supports the lower court's decision, we affirm the dismissal of the post-conviction petition. http://www.tba.org/tba_files/TCCA/williadl.wpd
CORWYN E. WINFIELD v. STATE OF TENNESSEE Court:TCCA Attorneys: Edward Witt Chandler, Mountain Home, Arkansas, for the appellant, Corwyn E. Winfield. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; William L. Gibbons, District Attorney General; and Paul Hagerman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The petitioner appeals the denial of post-conviction relief relating to his conviction for second degree murder. He argues: (1) the trial court at his original trial improperly instructed the jury regarding the definition of "knowing"; (2) the prosecutor committed misconduct during closing argument at the original trial; and (3) he did not receive the effective assistance of counsel at trial and on appeal. We affirm the judgment of the post-conviction court. http://www.tba.org/tba_files/TCCA/winfield.wpd
Annexation of Parcels along Highway Date: December 8, 2003 Opinion Number: 03-158 http://www.tba.org/tba_files/AG/2003/op158.pdf
Lottery Scholarship Qualifying Criteria Date: December 8, 2003 Opinion Number: 03-159 http://www.tba.org/tba_files/AG/2003/op159.pdf
Powers of a Joint Board of Control jointly operating one or more schools Date: December 8, 2003 Opinion Number: 03-160 http://www.tba.org/tba_files/AG/2003/op160.pdf
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