Opinion Flash

December 29, 2003
Volume 9 — Number 123

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):
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
03 New Opinion(s) from the Tennessee Court of Criminal Appeals
00 New Opinion(s) from the Tennessee Attorney General (PDF format)
00 New Judicial Ethics Opinion(s)
00 New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_1229.wpd

STATE OF TENNESSEE v. FRED ELLIOT HUNTER
CORRECTED OPINION

Court:TCCA

Attorneys:                          

Tony L. Maples, Murfreesboro, Tennessee, for the appellant, Fred
Elliot Hunter.

Paul G. Summers, Attorney General & Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; and John Zimmerman, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The appellant, Fred Elliot Hunter, was convicted by a jury of
conspiracy to possess with the intent to deliver three hundred (300)
grams or more of a substance containing cocaine, a Class A felony. 
The appellant was sentenced to twenty-one (21) years as a Range I
Standard Offender and  fined $2,000.  The trial court denied the
appellant's motion for new trial, and he appeals, arguing: (1) that
the trial court erred in failing to grant the appellant's motion for
judgment of acquittal; (2) that the trial court erred in failing to
grant the appellant's motion to dismiss for want of a speedy trial;
(3) that the evidence was insufficient to sustain the conviction; (4)
that the trial court erred in admitting the appellant's manslaughter
conviction; (5) that the trial court erred in failing to consider
appropriate mitigating factors in sentencing; and (6) that the trial
court failed to order alternative sentencing.  We affirm the judgment
of the trial court.

CORRECTED OPINION
http://www.tba.org/tba_files/TCCA/hunterfred.wpd

STATE OF TENNESSEE v. CHRISTOPHER C. RIGSBY

Court:TCCA

Attorneys:                          

Edward L. Boring, Pikeville, Tennessee, for the Appellant, Christopher
C. Rigsby.

Paul G. Summers, Attorney General & Reporter; Braden H. Boucek,
Assistant Attorney General; J. Michael Taylor, District Attorney
General; and Steven Strain, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

The defendant, Christopher C. Rigsby, appeals from the Bledsoe County
Circuit Court's denial of alternative sentencing following his
conviction of aggravated assault.  Because the record supports the
trial court's ordering the defendant to serve the six-year sentence in
the Department of Correction, we affirm.

http://www.tba.org/tba_files/TCCA/rigsbychristopherc.wpd

JOHN ROBERT TORY, JR. v. STATE OF TENNESSEE

Court:TCCA

Attorneys:                          

M. Christopher Coffey, Knoxville, Tennessee, for the Appellant, John
Robert Tory, Jr.

Paul G. Summers, Attorney General & Reporter; Braden H. Boucek,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; and Marsha Selecman, Assistant District Attorney General, for
the Appellee, State of Tennessee.

Judge: WITT

First Paragraph:

This opinion adjudicates John Robert Tory, Jr.'s appeal from the Knox
County Criminal Court's denial of his 1994 petition for
post-conviction relief.  He filed the petition to challenge his 1992
jury  convictions of first degree murder and especially aggravated
robbery.  Following a hearing in which counsel argued but no evidence
was presented, the post-conviction court rejected the petitioner's
claims that his especially aggravated robbery conviction violated
double jeopardy principles, that the trial court erred in not
instructing the jury as to second degree murder as a lesser included
offense of first degree felony murder, and that trial counsel was
ineffective in failing to demand an instruction on second degree
murder as a lesser included offense.  Because the record and the
applicable law support the denial of post-conviction relief, we
affirm.

http://www.tba.org/tba_files/TCCA/toryjohnrobertjr.wpd

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