Opinion Flash

May 6, 2004
Volume 10 — Number 88

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
00	New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00	New Opinion(s) from the Tennessee Court of Appeals
01	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

STATE OF TENNESSEE v. BOBBY JOE GENTRY

Court:TCCA

Attorneys:                          

Russ Greene (at trial) and Mike G. Nassios (at hearing on the motion
for new trial and on appeal), Knoxville, Tennessee, for the appellant,
Bobby Joe Gentry.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Randall E. Nichols, District Attorney
General; James N. Ramsey, District Attorney General Pro Tem; and Jan
Hicks, Assistant District Attorney General, for the appellee, State of
Tennessee.

Judge: WEDEMEYER

First Paragraph:

A Knox County jury convicted the Defendant, Bobby Joe Gentry, of
aggravated rape, and the trial court sentenced the Defendant as a
repeat violent offender to life in prison without the possibility of
parole.  The Defendant appeals, contending that: (1) the evidence is
insufficient to support his conviction; (2) the trial court erred when
it failed to dismiss the indictment; (3) the trial court erred when it
charged the jury on the elements of aggravated rape and aggravated
sexual battery and on the culpable mental state; (4) he was denied
effective assistance of counsel; (5) Tennessee Code Annotated section
40-35-120 (1997), under which the Defendant was sentenced as a violent
offender, is unconstitutional; and (6) the trial court erred when it
found that the Defendant qualified as a violent offender pursuant to
Tennessee Code Annotated section 40-35-120.  Finding no reversible
error, we affirm the trial court's judgment.

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

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