Opinion FlashMay 21, 2004
Volume 10 Number 099
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. RICHARD ODOM, a/k/a OTIS SMITH WITH DISSENTING OPINION & APPENDIX Court:TSC Attorneys: Robert C. Brooks, Memphis, Tennessee, for the Appellant, Richard Odom. Michael E. Moore, Solicitor General; Mark E. Davidson, Assistant Attorney General; William L. Gibbons, District Attorney General; and Phillip Gerald Harris and Amy Weirich, Assistant District Attorneys General, for the Appellee, State of Tennessee. Judge: ANDERSON First Paragraph: The defendant, Richard Odom, was convicted of felony murder and sentenced to death in 1992. This Court affirmed the conviction on direct appeal but remanded the case for a new sentencing proceeding. State v. Odom, 928 S.W.2d 18, 21, 33 (Tenn. 1996). After the new sentencing proceeding, a jury again imposed the death sentence after finding that the evidence of one aggravating circumstance, i.e., the defendant was previously convicted of one or more felonies, the statutory elements of which involved the use of violence to the person, outweighed evidence of mitigating circumstances beyond a reasonable doubt. See Tenn. Code Ann. S 39-13-204(i)(2) (1991). The Court of Criminal Appeals affirmed the sentence http://www.tba.org/tba_files/TSC/odomrichard_opn.wpd DISSENTING OPINION http://www.tba.org/tba_files/TSC/odomrichard_dis.wpd APPENDIX http://www.tba.org/tba_files/TSC/odomrichard_apx.wpd
THE STATE OF TENNESSEE IN ITS OWN BEHALF, AND FOR THE USE AND BENEFIT OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE v. DELINQUENT TAXPAYERS AS SHOWN ON THE 1998 REAL PROPERTY TAX RECORDS OF THE METROPOLITAN GOVERNMENT OF NASHVILLE AND DAVIDSON COUNTY, TENNESSEE, ... MARK R. FEGER Court:TCA Attorneys: James E. Brown, Pro Se, Appellant Christi E. Scott, Nashville, Tennessee, for the Appellees Judge: MADDUX First Paragraph: This appeal involves a dispute over a statutory right of redemption by a creditor from a real property delinquent tax sale. The plaintiff, James E. Brown appealed the chancery court decision overruling the plaintiff's Motions to Intervene and Dismiss and granting of the statutory right of redemption. His argument is that: (1) the chancery court is an improper jurisdiction for failure of proper due process, (2) the defendant's attempt to exercise the power of eminent domain and the use of Tennessee Code Annotated SS 67-5-2701, et seq violate the federal and state constitutions, and (3) the defendants engineered a fraudulent sale of the plaintiff's rightful property. The chancery court overruled the plaintiff's motion to dismiss, holding the plaintiff did not provide adequate proof of improper jurisdiction, or due process, or unconstitutionality of controlling statute, or fraud. We affirm the chancery court's decision. http://www.tba.org/tba_files/TCA/delinquenttaxpayers.wpd
STATE OF TENNESSEE v. MARIO HERNANDEZ CASTILLO Court:TCCA Attorneys: Edward C. Miller, District Public Defender, for the appellant, Mario Hernandez Castillo. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; and Al C. Schmutzer, Jr., District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: A Grainger County jury convicted the defendant of premeditated first degree murder, felony murder, especially aggravated robbery, and theft under $500. The trial court merged the felony murder conviction into the premeditated first degree murder conviction and ordered the defendant to serve an effective life sentence. The defendant raises the following issues on appeal: (1) whether the trial court erred in failing to suppress his statement to law enforcement officials; (2) whether the trial court erred in failing to allow the defense to introduce proof that the victim regularly dealt in illegal drugs and firearms; and (3) whether the evidence was sufficient to sustain his murder convictions. We remand for entry of an order merging the theft conviction into the especially aggravated robbery conviction but otherwise affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/castillomario.wpd
ADRIAN S. LENOX v. STATE OF TENNESSEE Court:TCCA Attorneys: Dwight Scott, Nashville, Tennessee, for the appellant, Adrian S. Lenox. Paul G. Summers, Attorney General and Reporter; Jennifer L. Bledsoe, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Stephen Douglas Thurman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The petitioner appeals the post-conviction court's denial of his petition for post-conviction relief, in which he alleged ineffective assistance of counsel. We conclude that the petitioner has failed to establish that he received ineffective assistance of counsel. We affirm the denial of post-conviction relief http://www.tba.org/tba_files/TCCA/lenoxas.wpd
DONALD TERRY MOORE v. STATE OF TENNESSEE Court:TCCA Attorneys: C. LeAnn Smith (on appeal) and Jefre Goldtrap (at trial), Nashville, Tennessee, for the appellant, Donald Terry Moore. Paul G. Summers, Attorney General & Reporter; P. Robin Dixon, Jr., Assistant Attorney General; and Roger Moore, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Donald Terry Moore, appeals the denial of his petition for post-conviction relief. In this appeal, he asserts that (1) he did not receive the effective assistance of counsel and (2) the post- conviction court erred by denying his motion to re-open the petition after the close of proof. The judgment of the post-conviction court is affirmed. http://www.tba.org/tba_files/TCCA/mooredonaldt.wpd
STATE OF TENNESSEE v. ERIC C. PENDLETON Court:TCCA Attorneys: Eric C. Pendleton, Nashville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Michael Markham, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and Kathy Morante, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The petitioner was convicted of first degree murder and aggravated assault on July 29, 1987. On January 22, 2003, the petitioner filed a pro se petition for writ of error coram nobis. On May 14, 2003, the State filed a motion to dismiss the petition without a hearing, and this motion was granted on May 15, 2003. We conclude that the trial court did not err in finding that the petition is time barred, and the petitioner has not advanced any grounds for which the statute of limitations should be tolled. http://www.tba.org/tba_files/TCCA/pendletonec.wpd
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