Opinion FlashFebruary 9, 2004Volume 10 — Number 026 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):
TBA members can get the full-text versions of these opinions three ways detailed below. All methods require a TBA username and password. If you have forgotten your password, you can look it up on-line at http://www.tba.org/getpassword.mgi . If you are a TBA member, but do not have a username and password, you can receive one online at http://www.tba.org/signup.mgi. Here's how you can obtain full-text version. Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document. Howard H. Vogel SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0209.wpd JASON WARREN ALLEN v. STATE OF TENNESSEE Court:TCCA Attorneys: Jason Warren Allen, pro se. Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III, Assistant Attorney General, for the appellee, State of Tennessee. Judge: WITT First Paragraph: The Petitioner, Jason Warren Allen, appeals the trial court's dismissal of his petition for post- conviction relief. The State has filed a motion requesting that this Court affirm the trial court's denial of relief pursuant to Rule 20, Rules of the Court of Criminal Appeals. The petition is time-barred and the petitioner asserts no claim which would toll the statute of limitations. Accordingly, the State's motion is granted and the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/allenjasonw.wpd WILLIE BAILEY v. STATE OF TENNESSEE Court:TCCA Attorneys: J. Barney Witherington, IV, Covington, Tennessee, for the appellant, Willie Bailey. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Kathy D. Aslinger, Assistant Attorney General; Elizabeth T. Rice, District Attorney General, and Walt Freeland, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Tipton County jury convicted the Petitioner, Willie Bailey, of aggravated robbery and felony possession of a handgun, and the trial court sentenced him to twenty-six years in prison. On direct appeal, this Court affirmed the Petitioner's sentence, and the Tennessee Supreme Court denied the Petitioner's application for permission to appeal. The Petitioner then sought post-conviction relief, alleging that he was denied effective assistance of counsel. Following a hearing on the post- conviction petition, the trial court dismissed the petition. On appeal, the Petitioner contends that he was denied effective assistance of counsel for the following reasons: (1) trial counsel failed to stipulate to the Petitioner's felony status during the trial; and (2) trial counsel failed to file the trial transcript with the appellate court on direct appeal. Finding no error, we affirm the post-conviction court's dismissal of the petition. http://www.tba.org/tba_files/TCCA/baileyw.wpd THADDEUS D. DANIEL v. STATE OF TENNESSEE Court:TCCA Attorneys: Thaddeus D. Daniel, Henning, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; and William H. Cox, III, District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The petitioner, Thaddeus D. Daniel, appeals the trial court's dismissal of his petition for writ of habeas corpus. The state has filed a motion requesting that this court affirm the trial court's denial of relief pursuant to Rule 20, Tenn. Ct. Crim. App. R. The petition presents no cognizable claim for habeas corpus relief, does not state the cause or pretense of the petitioner's restraint, and was not filed in the appropriate court. Accordingly, the state's motion is granted and the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/danielthaddeusd.wpd STATE OF TENNESSEE V. STOKELY J. U. WAY WITH CONCURRING OPINION Court:TCCA Attorneys: Edward C. Miller, Public Defender, Dandridge, Tennessee, for the appellant, Stokely J. U. Way. Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger, Assistant Attorney General; and Al Schmutzer, Jr., District Attorney General; and Ronald C. Newcomb, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: The Cocke County grand jury indicted the defendant, Stokely J. U. Way, with six counts of rape and six counts of incest. His trial was held on July 31 and August 1 of 2001. The jury convicted the defendant of two counts of rape and two counts of incest. The trial court sentenced the defendant as a Range I Standard Offender to twelve (12) years on each rape conviction, to run concurrently, and three (3) years for each incest count to run concurrently to each other, but consecutively to the rape sentences. However, because there were multiple rape convictions, the defendant's release eligibility for the rape convictions is 100%. The trial court levied the full fines recommended by the jury of $50,000 for the rape convictions and $20,000 for the incest convictions. The defendant brings five issues on appeal: (1) whether the trial court erred in allowing the hearsay testimony of the victim's friend, Mary Ann Breeden, as to what the victim told her regarding her father's incestuous relationship with her; (2) whether the trial court erred by allowing the defendant's preacher to testify about communications between him and the defendant in violation of the clergy/parishioner privilege; (3)whether the evidence was insufficient to establish the offenses of incest or rape and more specifically, the element of force or coercion; (4) whether the trial court erred in not charging all applicable lesser-included offenses including assault, sexual battery, attempted rape, attempted incest and child abuse; and (5) whether the sentences and fines imposed by the trial court were excessive. We affirm the trial court's judgments. http://www.tba.org/tba_files/TCCA/waystokelyju_opn.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCCA/waystokelyju_con.wpd PLEASE FORWARD THIS E-MAIL! GET A FULL-TEXT COPY OF AN OPINION! JOIN THE TENNESSEE BAR ASSOCIATION! SUBSCRIBE TO OPINION FLASH! UNSUBSCRIBE TO OPINION FLASH? ... SURELY NOT! But if you must, visit the TBALink web site at: http://www.tba.org/op-flash.mgi Home • Contact Us • PageFinder • What's New • Help |
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