Opinion Flash

September 13, 2004
Volume 10 — Number 176

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
02 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_0913.wpd

STATE OF TENNESSEE v. DARRELL WAYNE SYLER

Court:TCCA

Attorneys:                          

Samuel F. Robinson, III (on appeal), and Ardena J. Garth, District
Public Defender, Chattanooga, Tennessee (at trial), for the appellant,
Darrell Wayne Syler.

Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan,
Assistant Attorney General; William H. Cox, III, District Attorney
General; and Yolanda D. Mitchell, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: WELLES
 
First Paragraph:

The Defendant, Darrell Wayne Syler, was convicted after a jury trial
of two counts of rape of a child, one count of attempted child rape,
one count of aggravated sexual battery and thirteen counts of
especially aggravated sexual exploitation of a minor.  The Defendant
was subsequently sentenced to an effective term of twenty-nine years
in the Department of Correction.  In this appeal, the Defendant
contends that the trial court erred in admitting a homemade videotape
depicting the Defendant and his wife engaged in sex acts, and that his
convictions for especially aggravated sexual exploitation must be
reversed because the State failed to establish one of the statutory
elements of that offense.  We reduce the Defendant's sentence to an
effective term of twenty-eight years, and otherwise affirm the
judgments of the trial court.

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

STATE OF TENNESSEE v. ROBERT LOVE TAYLOR

Court:TCCA

Attorneys:                          

Robert Love Taylor, pro se, Tiptonville, Tennessee.

Paul G. Summers, Attorney General & Reporter; Michelle Chapman
McIntire, Assistant Attorney General; Greeley Wells, District Attorney
General; and J. Lewis Combs, Assistant District Attorney General,  for
the appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The appellant, Robert Love Taylor, was convicted by a jury of driving
while declared a habitual motor vehicle offender.  He was sentenced to
four years incarceration and fined $3,000 for the offense.  Two
motions for new trial were filed - one filed by the appellant pro se
and one filed by trial counsel on behalf of the appellant.  The trial
court denied the motion for new trial filed by appellant's trial
counsel and did not consider the motion filed by the appellant.  The
appellant requested to proceed pro se on appeal.  The trial court
granted the request and this appeal ensued.  In this pro se appeal,
the appellant presents various issues that were not addressed in a
properly filed motion for new trial.  The appellant waived
consideration of these issues for failing to address them in a motion
for new trial.  Thus, this Court may only review the sufficiency of
the evidence as that was the sole issue raised in the motion for new
trial filed by trial counsel.  After a review of the sufficiency of
the evidence, we affirm the judgment of the trial court.

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

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