Opinion Flash

August 9, 2004
Volume 10 — Number 152

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
03 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


SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS

Court:TSC - Rules

http://www.tba.org/tba_files/TSC_Rules/certlist_0809.wpd

STATE OF TENNESSEE v. PHILLIP LOWELL BLEDSOE

Court:TCCA

Attorneys:                          

Jeffrey A. Smith, Trenton, Tennessee, for the appellant, Phillip
Lowell Bledsoe.

Paul G. Summers, Attorney General and Reporter; Michelle Chapman
McIntire, Assistant Attorney General; Garry Brown, District Attorney
General; and Jerald Campbell, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: OGLE

First Paragraph:

The appellant, Phillip Lowell Bledsoe, was convicted by a jury in the
Circuit Court of Gibson County of first degree premeditated murder and
sentenced to life imprisonment.  On appeal, the appellant contends
that the evidence was insufficient to support his conviction of first
degree murder.  Upon review of the record and the parties' briefs, we
affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. BILLY HARRIS

Court:TCCA

Attorneys:                          

Lance R. Chism, Memphis, Tennessee (on appeal); Robert Wilson Jones,
District Public Defender, Robert C. Felkner, and William C. Moore,
Jr., Assistant Public Defenders, and Samuel L. Perkins, Memphis,
Tennessee (at trial), for the appellant Billy Harris.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; William L. Gibbons, District Attorney
General; and David Michael Zak, Jr., Assistant District Attorney
General, for the appellee, State of Tennessee.

Judge: TIPTON

First Paragraph:

The defendant, Billy Harris, was convicted by a Shelby County Criminal
Court jury of rape and three counts of aggravated kidnapping, Class B
felonies.  The trial court sentenced him as a Range I offender to ten
years for each conviction and ordered that the sentences for the
aggravated kidnapping convictions be served concurrently to each other
but consecutively to the rape sentence for an effective sentence of
twenty years in the Department of Correction.  In this appeal, the
defendant raises many issues, including that the evidence is
insufficient to support the convictions, that the trial court should
have merged his aggravated kidnapping convictions, and that his
sentences are excessive.  We conclude that the evidence is sufficient
but that the trial court should have merged the aggravated kidnapping
convictions.  In addition, we hold that the trial court incorrectly
applied at least one enhancement factor and believed that the
presumptive sentence for a Class B felony was the midpoint in the
range rather than the minimum in the range.  See T.C.A.S 40-35-
210(c).  Regarding the defendant's remaining issues, we hold that they
have been waived because the defendant failed to file a timely motion
for new trial and that no plain error exists.  We remand the case for
entry of an appropriate judgment for aggravated kidnapping and for
resentencing.

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

STATE OF TENNESSEE v. QUINCY ALEXANDER NORMAN

Court:TCCA

Attorneys:                          

Benjamin S. Dempsey, Huntingdon, Tennessee, for the appellant, Quincy
Alexander Norman.

Paul G. Summers, Attorney General & Reporter; Thomas E. Williams, III,
Assistant Attorney General; Robert Radford, District Attorney General;
and Eleanor Cahill, Assistant District Attorney General,  for the
appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The appellant, Quincy Alexander Norman, Jr., pled guilty to one count
of driving under the influence with two prior driving under the
influence convictions and one count of driving on a revoked license
with his sentence to be determined by the trial court.  For the DUI
conviction, the trial court sentenced the appellant to an
11-month-and-29-day sentence to be served on probation following 150
days in the county jail and fined the appellant $1,100.  The trial
court also imposed a concurrent sentence of six months to be served on
probation following 30 days of incarceration for the driving on a
revoked license conviction.  In this direct appeal, the appellant
challenges the trial court's use of two prior DUI convictions for
enhancement of his sentence, the trial court's failure to order full
probation after service of the mandatory minimum sentence, and his
sentence as excessive.  Because the appellant pled guilty to DUI third
offense, he waived all non- jurisdictional defects and constitutional
irregularities which may have existed with respect to his two prior
DUI convictions prior to the plea.  Further, we determine that the
trial court sentenced the appellant appropriately.  The judgment of
the trial court is affirmed.

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

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