SUPREME COURT OF TENNESSEE
SUPREME COURT DISCRETIONARY APPEALS
Court:TSC - Rules
STATE OF TENNESSEE v. MICHAEL KEITH MASSENGILL
Steve McEwen, Mountain City, Tennessee (on appeal), and Mack Garner,
District Public Defender (at trial), for the appellant, Michael Keith
Paul G. Summers, Attorney General and Reporter; Seth P. Kestner,
Assistant Attorney General; Michael L. Flynn, District Attorney
General; and Michael Gallegos, Assistant District Attorney General,
for the appellee, State of Tennessee.
The defendant, Michael K. Massengill, appeals the revocation of his
probation, arguing that the trial court erred in failing to place him
back on intensive probation or in the community corrections program
after he violated his probation. Following our review, we affirm the
order of the trial court.
JAMES D. L. PERRY v. HOWARD CARLTON, WARDEN
James D. L. Perry, Mountain City, Tennessee, Pro Se.
Paul G. Summers, Attorney General and Reporter, and Kathy D. Aslinger,
Assistant Attorney General, for the appellee, State of Tennessee.
The petitioner, James D. L. Perry, appeals pro se from the Johnson
County Criminal Court's dismissal of his petition for habeas corpus
relief. The petitioner attacks his two convictions for possession with
intent to sell one-half or more grams of cocaine within one thousand
feet of a school for which he received concurrent twenty-year terms.
He contends that the first cocaine conviction is void because he was
entrapped, that the second cocaine conviction is void because he was
convicted of a crime for which he was not indicted, and that both
convictions are void because he was convicted under a statute which he
claims was inapplicable. We affirm the trial court's dismissal of the
STATE OF TENNESSEE v. ARTHUR SOUTHERN
Timothy S. Priest (on appeal), Winchester, Tennessee, and David
McGovern (at hearing), Jasper, Tennessee, for the appellant.
Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; James Michael Taylor, District
Attorney General; William Copeland, Assistant District Attorney
General, for the appellee, State of Tennessee.
The Defendant, Arthur Southern, pled guilty to two counts of sale of a
schedule II controlled substance. The trial court sentenced the
Defendant to four years and three months on each count and ordered
that the sentences run consecutively, for an effective sentence of
eighty years and six months. The Defendant filed a motion to withdraw
his guilty plea, which the trial court denied. The Defendant then
filed a motion for a new sentencing hearing or a sentence reduction,
which the trial court denied. On appeal the Defendant contends that
the trial court erred when it: (1) denied his motion to withdraw his
guilty plea; and (2) ordered that his sentences run consecutively.
Finding no reversible error, we affirm the judgments of the court.
Date: November 19, 2004
Opinion Number: 04-166
Repeal of Private Act
Date: November 19, 2004
Opinion Number: 04-167