Opinion FlashSeptember 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):
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Howard H. Vogel
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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