Opinion FlashDecember 12, 2003
Volume 9 Number 227
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. K.G., ET AL. In re: K.L.H. Court:TCA Attorneys: Cara C. Welsh, Chattanooga, Tennessee, for the Appellant, K.G. Paul G. Summers and Elizabeth C. Driver, Nashville, Tennessee, for the Appellee, State of Tennessee, Department of Children's Services. Judge: SWINEY First Paragraph: The State of Tennessee, Department of Children's Services ("DCS") filed a petition seeking to terminate the parental rights of K.G. ("Mother"), and F.L.H., Jr. ("Father"), the biological parents of the minor child, K.L.H. ("the Child"). The Trial Court granted DCS' petition to terminate first Father's, and later Mother's, parental rights. Mother appeals. We vacate the order terminating Mother's parental rights and remand for a new termination decision. http://www.tba.org/tba_files/TCA/kg.wpd
FRANK ROBERT BIGSBY v. STATE OF TENNESSEE Court:TCCA Attorneys: Brad W. Hornsby and Aaron S. Guin, Bullock, Fly, Hornsby, Murfreesboro, Tennessee, for the Appellant, Frank Robert Bigsby. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; P. Robin Dixon, Jr., Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and John W. Price, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Frank Robert Bigsby, appeals the Rutherford County Circuit Court's dismissal of his petition for post-conviction relief. The sole issue in this appeal is whether Bigsby was denied the effective assistance of counsel. We are precluded, however, from reviewing this issue based upon the post-conviction court's failure to make discernable findings of fact and conclusions of law, as required by Tennessee Code Annotated S 40-30-111(b) (2003). Accordingly, this case is remanded for further proceedings consistent with this opinion. http://www.tba.org/tba_files/TCCA/bigsbyfrankr.wpd
MICHAEL T. GUTHRIE v. STATE OF TENNESSEE Court:TCCA Attorneys: Michael T. Guthrie, Nashville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; W. Michael McCown, District Attorney General; and Ann L. Filer, Assistant District Attorney General; for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The petitioner appeals the summary dismissal of his post-conviction petition, alleging that proof of counsel's substance abuse was a "late-arising" claim that involved due process concerns. The petitioner also challenged his hybrid sentence as to voluntary manslaughter as illegal and unconstitutional. We affirm the trial court's dismissal. http://www.tba.org/tba_files/TCCA/guthriemt.wpd
STATE OF TENNESSEE v. MARK MAYNARD Court:TCCA Attorneys: Russel A. Church, Clarksville, Tennessee, for the Appellant, Mark Maynard. Paul G. Summers, Attorney General & Reporter; David H. Findley, Assistant Attorney General; John Wesley Carney, Jr., District Attorney General; and Helen Young, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant, Mark Steve Maynard, appeals from the Montgomery County Circuit Court's ruling on a probation violation warrant. On September 11, 2002, the court revoked the defendant's October 20, 2000 probation that had resulted from four felony bad check convictions. The court ordered the defendant to serve his original effective sentence of eight years in the Department of Correction. Although the defendant admitted that he had violated his probation, he challenges the trial court's decision to require him to serve the original sentences in incarceration. Discerning no error in the lower court's judgment, we affirm. http://www.tba.org/tba_files/TCCA/maynardmark.wpd
SHANNON PATTUM v. STATE OF TENNESSEE Court:TCCA Attorneys: Matthew Mayo, Nashville, Tennessee, for the Appellant, Shannon Pattum. Paul G. Summers, Attorney General & Reporter; Renee W. Turner, Assistant Attorney General; Victor S. Johnson, III, District Attorney General; and Renee Erb, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The petitioner, Shannon Pattum, appeals from the Davidson County Criminal Court's denial of post- conviction relief. He claims that his 1999 conviction for attempt to commit second degree murder is the result of ineffective assistance of counsel and an unknowing, involuntary guilty plea. The lower court disagreed and dismissed the petition. Upon our review of the record, the briefs of the parties, and the applicable law, we affirm. http://www.tba.org/tba_files/TCCA/pattumshannon.wpd
STATE OF TENNESSEE v. DOMINIC O. WOODS Court:TCCA Attorneys: Chadwick G. Hunt, Savannah, Tennessee, for the appellant, Dominic O. Woods. Paul G. Summers, Attorney General and Reporter; Thomas E. Williams, III, Assistant Attorney General; G. Robert Radford, District Attorney General; and John W. Overton, Chief Deputy District Attorney, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant contends on appeal that the trial court erred in denying alternative sentencing. The defendant pled guilty to possession of crack cocaine (Schedule II controlled substance) with intent to sell (Class B felony). He agreed to an eight-year sentence, with the manner of service to be determined at a sentencing hearing. The trial court ordered the sentence to be served in the Tennessee Department of Correction, based on the defendant's prior criminal record and his inability to reform his conduct. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/woodsdo.wpd
STATE OF TENNESSEE v. STEVEN BRIAN WOOLEY Court:TCCA Attorneys: William D. Vaughn, Jackson, Tennessee (on appeal); and Michael L. Frayser, Memphis, Tennessee (at trial), for the appellant, Steven Brian Wooley. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; James G. Woodall, District Attorney General; and Jody S. Pickens, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: A Madison County jury convicted the defendant, Steven Brian Wooley, of theft of property over $10,000. The trial court sentenced him to four years in confinement as a Range I standard offender. On direct appeal, the defendant contends he received ineffective assistance of counsel at trial. We affirm the judgment of the trial court http://www.tba.org/tba_files/TCCA/wooleysteven.wpd
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