Opinion FlashMarch 30, 2004
Volume 10 Number 061
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. F. CHRIS CAWOOD REVISED OPINION WITH ORDER Court:TSC Attorneys: Paul G. Summers, Attorney General and Reporter; Michael E. Moore, Solicitor General; Mark A. Fulks, Assistant Attorney General, for the appellant, State of Tennessee. Patrick C. Cooley, Kingston, Tennessee, for the appellee, F. Chris Cawood. Judge: BIRCH First Paragraph: The controversy here concerns certain audio and videotapes which were introduced in a bench trial and marked as exhibits. Following this Court's rejection of the State's application for Rule 11 review, the Court of Criminal Appeals, on motion of the appellee, entered an order returning this evidence to the "permanent possession" of the appellee. The issue framed and briefed by the parties requires us to determine whether the Court of Criminal Appeals' order returning the tapes to the appellee was consistent with statutes and regulations applicable to the retention and disposal of such evidence. REVISED OPINION http://www.tba.org/tba_files/TSC/cawoodchris.wpd ORDER http://www.tba.org/tba_files/TSC/cawoodchris_ord.wpd
RUSSELL WAYNE CANTER v. STATE OF TENNESSEE Court:TCCA Attorneys: John D. Parker, Jr., Kingsport, Tennessee, for the appellant, Russell Wayne Canter. Paul G. Summers, Attorney General & Reporter; Brent C. Cherry, Assistant Attorney General; and Barry Staubus, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Russell Wayne Canter, pled guilty to second degree murder by distribution of a Schedule I controlled substance (heroin). See Tenn. Code Ann. S 39-13-210(a)(2). Pursuant to the plea agreement, the trial court ordered a sentence of eighteen years in the Department of Correction. In this post-conviction proceeding, the petitioner claims that his trial counsel was ineffective and that his plea was not knowing and voluntary. The post-conviction court denied relief. That judgment is affirmed. http://www.tba.org/tba_files/TCCA/canterrussell.wpd
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