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TODAY'S OPINIONS: Tuesday, September 06, 2005
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.

00 - TN Supreme Court
00 - TN Worker's Comp Appeals
01 - TN Supreme Court - Rules
00 - TN Court of Appeals
04 - TN Court of Criminal Appeals
00 - TN Attorney General Opinions
00 - Judicial Ethics Opinions
00 - Formal Ethics Opinions - BPR

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Here's how you can obtain full-text version. We recommend you download the Opinions to your computer and then open them from there. Click the URL at end of each Opinion paragraph below. This should give you the option to download the original document. If not, you may need to right-click on the URL to get the option to save the file to your computer. Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion. Browse the Opinion List area of TBALink. This option will allow you to download the original version of the opinion.

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//2005/certlist90605.pdf

KENNETH GAINES v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

Robert Wilson Jones, District Public Defender; and John H. Parker, II, Assistant Public Defender, for the Appellant, Kenneth Gaines.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and Stephanie Johnson, Assistant District Attorney General, for the Appellee, State of Tennessee.

Judge: WITT

The petitioner, Kenneth Gaines, appeals from the Shelby County Criminal Courtās denial of postconviction relief. Because we discern no error in the post-conviction courtās proceedings and because the record supports that courtās determinations, we affirm.

http://www.tba.org/tba_files/TCCA/2005/gainesk9605.pdf


STATE OF TENNESSEE v. BRANDON McCASLIN

Court: TCCA

Attorneys:

Noel H. Riley, Dyersburg, Tennessee, for the appellant, Brandon McCaslin.

Paul G. Summers, Attorney General & Reporter; Seth Kestner, Assistant Attorney General; and C. Phillip Bivens, District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

This is a direct appeal as of right from a jury verdict of guilty of two counts of theft of property over $1,000, both Class D felonies. The Defendant was sentenced to four years of confinement as a Range II, multiple offender. On appeal, the Defendant argues only one issue: there is insufficient evidence to find him guilty beyond a reasonable doubt of the offenses for which he was convicted. We affirm the judgments of the trial court.

http://www.tba.org/tba_files/TCCA/2005/mccaslinb9605.pdf


STATE OF TENNESSEE v. MICHAEL NASH

Court: TCCA

Attorneys:

Tony Brayton, Assistant Public Defender, Memphis, Tennessee, for the appellant, Michael Nash.

Paul G. Summers, Attorney General & Reporter; David H. Findley, Assistant Attorney General; William L. Gibbons, District Attorney General; and Tom Hoover, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: WELLES

The Defendant, Michael Nash, was convicted by a jury of one count of aggravated robbery. After a hearing, the trial court sentenced him as a Range II, multiple offender to twelve years in the Department of Correction. In this appeal as of right, the Defendant challenges the sufficiency of the evidence and contends that he should have been sentenced as a Range I, standard offender. We affirm the Defendantās conviction. We reverse the order of the trial court sentencing the Defendant as a Range II, multiple offender. We remand this matter for a new sentencing hearing

http://www.tba.org/tba_files/TCCA/2005/nashm9605.pdf


STEVEN VAN TUCKER v. STATE OF TENNESSEE

Court: TCCA

Attorneys:

D. Michael Dunavant, Ripley, Tennessee, for the appellant, Steven Van Tucker.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; C. Phillip Bivens, District Attorney General; and Tracey Brewer-Walker, Assistant District Attorney General, for the appellee, State of Tennessee.

Judge: OGLE

In case number 7563, the petitioner, Steven Van Tucker, pled guilty in the Lauderdale County Circuit Court to theft of property valued between five hundred and one thousand dollars, and the trial court sentenced him to four years and six months in confinement. In case number 7577, the petitioner pled guilty to burglary, car burglary, theft of property valued more than one thousand dollars but less than ten thousand dollars, and two counts of misdemeanor theft, and the trial court sentenced him to an effective sentence of four years in confinement. The trial court ordered that the sentence in case number 7577 be served consecutively to the sentence in case number 7563 for an effective sentence of eight years and six months. Subsequently, the petitioner filed a petition for post-conviction relief, claiming that he received the ineffective assistance of trial counsel and that his guilty pleas were not voluntarily and intelligently entered. The trial court denied the petition for post-conviction relief. Upon review of the record and the partiesā briefs, we affirm the judgment of the post-conviction court.

http://www.tba.org/tba_files/TCCA/2005/tuckers9605.pdf


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