Opinion FlashMay 13, 2004
Volume 10 Number 093
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
IN THE MATTER OF: K.G., ET AL. Court:TCA Attorneys: Barbara A. Deere, Dyersburg, Tennessee, for the appellant, Joyce Spain. Paul G. Summers, Attorney General and Reporter and Douglas Earl Dimond, Assistant Attorney General, for the appellee, Tennessee Department of Children's Services. Judge: FARMER First Paragraph: Mother appeals the trial court's order terminating parental rights and decree of guardianship. We affirm and vacate, in part. http://www.tba.org/tba_files/TCA/kg.wpd
JAMES RAY BARTLETT v. STATE OF TENNESSEE Court:TCCA Attorneys: James Ray Bartlett, Clifton, Tennessee, Pro se. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; and Mike Bottoms, District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The petitioner, James Ray Barlett, filed a petition for writ of habeas corpus in the Wayne County Circuit Court, alleging that his sentence was expired. After examining the record, the trial court dismissed the petition. The petitioner appeals. Upon review of the record and the parties' briefs, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/bartlettjr.wpd
BERNARD KANE JOHNSON v. STATE OF TENNESSEE Court:TCCA Attorneys: Albert Newman, Knoxville, Tennessee, for the Appellant, Bernard Kane Johnson. Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Zane Scarlett, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Following an evidentiary hearing on the issue whether Bernard Kane Johnson, the petitioner, had been denied effective assistance of counsel, the post-conviction court determined that no constitutional violation had been shown and that the petitioner's sexual battery, aggravated kidnapping, and aggravated assault convictions were not void or voidable. Finding no error, we affirm the post-conviction court's dismissal of the petition. http://www.tba.org/tba_files/TCCA/johnsonbernardkane.wpd
STATE OF TENNESSEE v. BRANDON SHAWN JONES Court:TCCA Attorneys: Robert W. White, Maryville, Tennessee, for the appellant, Brandon Shawn Jones. Paul G. Summers, Attorney General and Reporter; Michelle R. Chapman, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Paula R. Ham, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant, Brandon Shawn Jones, pled guilty to burglary of a motor vehicle and possession of burglary tools. The Knox County Criminal Court ordered the defendant to serve an effective two- year sentence with 120 days in confinement followed by probation. The defendant appeals the denial of total probation. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/jonesbrandon.wpd
STATE OF TENNESSEE v. HAROLD GARLAND MABRY, JR. Court:TCCA Attorneys: David Vincent (at trial) and C. Edward Fowlkes (at trial and on appeal), Nashville, Tennessee, for the appellant, Harold Garland Mabry, Jr. Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan, Senior Counsel; Victor S. Johnson, III, District Attorney General; and John Zimmerman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: OGLE First Paragraph: The appellant, Harold Garland Mabry, Jr., pled guilty in the Davidson County Criminal Court to possession of .5 grams or more of cocaine and possession of a firearm during a felony. Pursuant to the plea agreement, the appellant received a total effective sentence of eight years incarceration in the Tennessee Department of Correction. As a condition of his plea, the appellant reserved a certified question of law concerning the validity of the search warrant underlying the search of his residence. Upon our review of the record and the parties' briefs, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/mabryhg.wpd
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