Opinion FlashAugust 6, 2004
Volume 10 Number 151
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
TOMMY DAVIS CRAIG v. DAVID ROBERT DISON Court:TCA Attorneys: Isham B. Bradley, Brentwood, Tennessee, for the appellant, Tommy Davis Craig. William G. McCaskill, Jr., Nashville, Tennessee, for the appellee, David Robert Dison. Judge: COTTRELL First Paragraph: This appeal involves an unsuccessful plaintiff who seeks review of a jury verdict. Plaintiff argues that the trial judge failed to perform his function as a thirteenth juror. We agree and reverse and remand for a new trial. http://www.tba.org/tba_files/TCA/craigtd.wpd
STATE OF TENNESSEE v. RICHARD E. BOWERY Court:TCCA Attorneys: Roger A. Woolsey, Greeneville, Tennessee, for the appellant, Richard E. Bowery. Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General; and Cecil D. Mills, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Richard E. Bowery, entered a plea of guilty to one count of driving a commercial vehicle while under the influence of alcohol, see Tenn. Code Ann. S 55-50-408, reserving the right to appeal the trial court's denial of his motion to suppress the results of the breathalyser test pursuant to Tennessee Rule of Criminal Procedure 37(b)(2)(i). The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/boweryricharde.wpd
STATE OF TENNESSEE v. LESLIE E. RAYMOND Court:TCCA Attorneys: Leslie E. Raymond, Whiteville, Tennessee, pro se. Paul G. Summers, Attorney General & Reporter; John H. Bledsoe, Assistant Attorney General; Randall E. Nichols, District Attorney General; Takisha Fitzgerald, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WITT First Paragraph: The petitioner, Leslie E. Raymond, appeals the trial court's dismissal of his motion to correct an illegal sentence. The State has filed a motion requesting that this Court dismiss the appeal or, in the alternative, affirm the trial court's action pursuant to Rule 20, Rules of the Court of Criminal Appeals. The motion is without merit. Accordingly, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/raymondlesliee.wpd
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