TBALink Opinion-Flash

July 30, 1996 -- Volume #2 -- Number #69

Here is today's issue of TBALink Opinion-Flash. What follows is the document name, first paragraph and the names of the attorneys for the parties (If you know one of them you might want to give them a call, chances are they don't know about the opinion yet) of each electronic opinion/rules released TODAY from the three appellate courts.

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TBALink Chief Editor


STATE OF TENNESSEE, v. MARCUS CORTEZ ALDRIDGE,  

Court:TCCA

For the Appellant:          For the Appellee:

W. Jeffery Fagan            Charles W. Burson
Assistant Public Defender   Attorney General of Tennessee
117 Forrest Avenue North    and
P.O. Box 663                Clinton J. Morgan
Camden, TN 38320            Assistant Attorney General of Tennessee                     
                            450 James Robertson Parkway     
                            Nashville, TN 37243-0493

                            G. Robert Radford
                            District Attorney General
                            P.O. Box 686
                            Huntingdon, TN 38344
                          
Judge: Joseph M. Tipton Judge

First Paragraph:

The defendant, Marcus Cortez Aldridge, was convicted of aggravated
assault, a Class C felony, pursuant to a guilty plea in the Henry
County Circuit Court.  He was sentenced to thirty-seven months as a
Range I, standard offender.  In this appeal as of right, he contends
that the trial court erred in denying his request for a Community
Corrections sentence or, in the alternative, for full probation.

URL:http://www.tba.org/tba_files/TCCA/ALDRIDGE.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. JAMES CECIL BAXTER,

Court:TCCA

For the Appellant:          For the Appellee

Charles S. Kelly            Charles W. Burson
802 Troy Avenue             Attorney General & Reporter
P.O. Box 507                450 James Robertson Parkway
Dyersburg, TN 38025         Nashville, TN 37243-0493

and                         Ellen H. Pollack            
                            Asst. Attorney General
Charles S. Kelly, Jr.       450 James Robertson Parkway
802 Troy Avenue             Nashville, TN 37243-0493
P.O. Box 507
Dyersburg, TN 38025         Thomas A. Thomas
(at trial only)             District Attorney General

                            James T. Cannon
                            Asst. District Attorney General
                            P.O. Box 218
                            Union City, TN 38261

                            Heard Critchlow
                            Asst. District Attorney General
                            P.O. Box 218 
                            Union City, TN 38261
                         
Judge: William M. Barker, Judge

First Paragraph:

The appellant, James Cecil Baxter, was convicted of the second degree
murder of Clyde R. Nichols.  As a Range I standard offender, the
appellant was sentenced to twenty-five years in the Department of
Correction.  On appeal, he raises six issues:  (a)  that the evidence
was insufficient to support the jurys verdict; (b)  that the trial
court erred  in failing to grant a judgment of acquittal; (c) that the
trial court erred in ruling that the State could impeach the appellant
with a prior conviction for incest; (d) that the trial court erred in
giving a coercive instruction to the jury during its deliberation;
(e) that the trial court erred in allowing a State witness to testify
that his autopsy report was separate from a toxicology report; and (f)
that the trial court erred in imposing an excessive sentence.

URL:http://www.tba.org/tba_files/TCCA/BAXTERJC.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. STEVEN DEWAYNE BOLDEN,   

Court:TCCA

For the Appellant:              For the Appellee:

ON APPEAL:
Gregory D. Smith                Charles W. Burson
Attorney at Law                 Attorney General and Reporter
One Public Sq., Ste. 321    
Clarksville, TN  37040          Renee F. Videlefsky
                                Assistant Attorney General
                                Criminal Justice Division
                                450 James Robertson Parkway
AT TRIAL:                       Nashville, TN 37243 0493        
Timothy C. Naifeh
110 South Court Street
Tiptonville, TN  38079          C. Phillip Bivens
                                District Attorney General
                                P. O. Drawer E
                                Dyersburg, TN  38024                

Judge: David G. Hayes Judge

First Paragraph:

The appellant, Steven Dewayne Bolden, was convicted by a Lake County
jury of aggravated assault, a class C felony.  The trial court
sentenced the appellant to three years incarceration in the Tennessee
Department of Correction.  On appeal, the appellant challenges the
sufficiency of the evidence to sustain his conviction and the trial
courts denial of alternative sentencing.

URL:http://www.tba.org/tba_files/TCCA/BOLDENSD.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. NEIL EDWARD BRIDGES, 

Court:TCCA

For the Appellant:          For the Appellee:

Francis W. Pryor, Jr.       Charles W. Burson
Asst. Public Defender       Attorney General and Reporter
P. O. Box 220   
Jasper, TN  37347           Michelle L. Lehmann
                            Assistant Attorney General                          
                            Criminal Justice Division
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493                
                        
                            James Michael Taylor
                            District Attorney General

                            Thomas D. Hembree
                            Asst. District Attorney General
                            2nd Floor, Lawyers Building
                            Jasper, TN  37347
                         
Judge: David G. Hayes Judge

First Paragraph:

The appellant, Neil Edward Bridges, appeals from an order of the
Circuit Court of Grundy County denying expunction of records
maintained by the district attorney general and the police department.
 The appellant also raises the issue of whether distribution of
information from either the files of the district attorney or the
police to other state agencies, including the Department of Correction
and Board of Paroles, violates his constitutional rights and is
contrary to the legislative intent of the expunction statute.

URL:http://www.tba.org/tba_files/TCCA/BRIDGESN.OPN.WP6
Opinion-Flash

TIMOTHY BROWN, v. STATE OF TENNESSEE,  

Court:TCCA

For the Appellant:              For the Appellee:

F. Thomas Giambattista          Charles W. Burson
1008 17th Avenue South          Attorney General of Tennessee
Nashville, TN 37212             and
                                Michael J. Fahey, II
                                Assistant Attorney General of TN                    
                                450 James Robertson Parkway     
                                Nashville, TN 37243-0493

                                Victor S. Johnson, III
                                District Attorney General
                                and
                                Cheryl Blackburn
                                Assistant District Attorney General
                                Washington Square
                                222 2nd Avenue North
                                Nashville, TN 37201-1649
                          
Judge: Joseph M. Tipton Judge

First Paragraph:

The petitioner, Timothy Brown, appeals from the Davidson County
Criminal Courts denial of his petition for post-conviction relief. 
The petitioner was convicted in 1993 upon his pleas of guilty to three
counts of sale of cocaine in excess of one-half gram.  He was
sentenced as a Range II, persistent offender to twenty years, fifteen
years and fifteen years, respectively, with one fifteen-year sentence
to be served consecutively to concurrent sentences of twenty and
fifteen years, for an effective sentence of thirty-five years.  No
direct appeal of his sentences was made.  In this appeal as of right,
the petitioner asserts that (1) his guilty pleas were not entered
knowingly and voluntarily, (2) trial counsel was ineffective in
advising him relative to the entry of his guilty pleas and (3) he is
entitled to a delayed appeal.

URL:http://www.tba.org/tba_files/TCCA/BROWNTIM.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. EVERETT D. CAIN, 

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

W. Mark Ward                    Charles W. Burson
Assistant Public Defender       Attorney General & Reporter
147 Jefferson Avenue            500 Charlotte Avenue
Suite 900                       Nashville, TN   37243-0497
Memphis, TN 38103
(On Appeal)                     John P. Cauley
                                Assistant Attorney General
Robert T. Hall                  450 James Robertson Parkway
Assistant Public Defender       Nashville, TN   37243-0493
201 Poplar Avenue, Suite 2-01
Memphis, TN   38103-1947        John W. Pierotti
(At Trial)                      District Attorney General
                                201 Poplar Avenue, Suite 301
OF COUNSEL:                     Memphis, TN   38103-1947
A C Wharton, Jr.
Shelby County Public Defender   Paul F. Goodman
201 Poplar Avenue, Suite 2-01   Assistant District Attorney General
Memphis, TN   38103-1947        201 Poplar Avenue, Suite 301
                                Memphis, TN  38103-1947
                          
Judge: JOE B. JONES, Presiding Judge

First Paragraph:

The appellant, Everett D. Cain, was convicted of murder in the first
degree by a jury of his peers.  He was sentenced to life imprisonment
in the Department of Correction.  Two issues are presented for this
Court's review.  The appellant contends that the evidence is
insufficient, as a matter of law, to support a finding by a rational
trier of fact that he was guilty of murder in the first degree beyond
a reasonable doubt.  He argues that the state failed to prove the
elements of premeditation and deliberation.  The appellant also
contends that the trial court committed error of prejudicial
dimensions by failing to grant his motion for mistrial after the
assistant district attorney general commented upon the appellants
failure to give the police a statement following the Miranda warnings
during the state's opening statement.  After a thorough review of the
record, the briefs of the respective parties, and the authorities
which govern the issues, it is the opinion of this Court that the
judgment of the trial court should be affirmed.

URL:http://www.tba.org/tba_files/TCCA/CAINED.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. ROBERT CAMPBELL, 

Court:TCCA

For Appellant:              For Appellee:
Mike Mosier                 Charles W. Burson
Attorney                    Attorney General & Reporter
and 
J. Colin Morris             Sarah M. Branch
Attorney                    Counsel for the State
P.O. Box 1623               450 James Robertson Parkway
204 West Baltimore          Nashville, TN  37243-0493
Jackson, TN  38302-1623
                            Clayburn Peeples
                            District Attorney General

                            Garry Brown
                            Asst. District Attorney General
                            109 E. First Street
                            Trenton, TN  38382
                          
Judge: GARY R. WADE, JUDGE

First Paragraph:

The defendant, Robert Campbell, was charged with premeditated murder,
felony murder and aggravated robbery.  The state sought the death
penalty. The jury returned verdicts of guilt for felony murder and
aggravated robbery.  At the conclusion of the second phase of the
trial, the jury returned a verdict of life imprisonment for the felony
murder; the trial court imposed a concurrent nine-year sentence for
the aggravated robbery.

URL:http://www.tba.org/tba_files/TCCA/CAMPBLLR.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE,v. PRESTON CARTER,

Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

GLENN WRIGHT            CHARLES W. BURSON
200 Jefferson Avenue    Attorney General and Reporter
Suite 800
Memphis, TN  38103      CHARLETTE REED CHAMBERS
                        Assistant Attorney General
                        450 James Robertson Parkway
                        Nashville, TN  37243

                        JOHN PIEROTTI
                        District Attorney General

                        PHILLIP GERALD HARRIS
                        Assistant District Attorney
                        201 Poplar Avenue - 3rd Floor
                        Memphis, TN  38103
                        
Judge: JERRY L. SMITH, JUDGE

First Paragraph: 

Appellant Preston Carter was convicted of aggravated robbery by a jury
in the Shelby County Criminal Court and sentenced to eight years in
the Department of Correction.  In this direct appeal, Appellant
presents the following issues: 
I.  Whether the evidence was sufficient to show that Appellant was
guilty of aggravated robbery;
II.  Whether the trial court erred in allowing an amendment to the
indictment on the morning that the trial began;
III.  Whether the trial court erred in not charging the jury with the
lesser included offense of theft; and,
IV.  Whether the trial court erred in refusing to grant a mistrial
based on a police officers reference to the fact that homicide
officers were involved in Appellant's investigation.

URL:http://www.tba.org/tba_files/TCCA/CARTERP.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. JEROME DIXON,

Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

DANIEL L. SMITH         CHARLES W. BURSON
614 Main Street         Attorney General and Reporter
Savannah, TN 38372
                        CLINT T. MORGAN
                        Assistant Attorney General
                        450 James Robertson Parkway
                        Nashville, TN 37243-0485

                        ROBERT RADFORD
                        District Attorney General

                        JOHN OVERTON
                        Assistant District Attorney General
                        Hardin County Courthouse
                        Savannah, TN 38372
                        
Judge: DAVID H. WELLES, JUDGE

First Paragraph:

The Defendant, Jerome Dixon, appeals as of right pursuant to Rule 3 of
the Tennessee Rules of Appellate Procedure.  He was convicted by jury
verdict of possession of more than .5 grams of cocaine with intent to
sell or deliver.  He was sentenced as a Range II offender and ordered
to serve sixteen years in confinement.  The Defendant argues in this
appeal that the evidence was not sufficient to support the conviction
and that the trial court improperly sentenced him.  We affirm the
judgment of the trial court.

URL:http://www.tba.org/tba_files/TCCA/DIXONJ.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. JONATHAN D. GOLDEN,  

Court:TCCA

For the Appellee:       For the Appellant:
Colley & Colley         Charles W. Burson
John S. Colley, III     Attorney General & Reporter
P. O. Box 1476
Columbia, TN  38402     Christina S. Shevalier  
                        Assistant Attorney General                          
                        Criminal Justice Division
                        450 James Robertson Parkway
                        Nashville, TN 37243-0493                
                        
                        Joseph D. Baugh, Jr.
                        District Attorney General

                        Derek K. Smith
                        Asst. District Attorney General
                        P. O. Box 937
                        Franklin, TN  37065-0937
                         
Judge: David G. Hayes Judge

First Paragraph:

The State of Tennessee appeals as of right from the trial court's
dismissal of a two count presentment charging the appellee, Golden,
with the misdemeanor offenses of possession of marijuana and
possession of drug paraphernalia.  Following presentment by the grand
jury, the trial court granted the appellee's motion to dismiss finding
that the State had acted in bad faith in depriving the appellee of his
right to a preliminary hearing.  The State contends that the trial
court's finding of "bad faith" is not supported by the record.  We
disagree and affirm the judgment of the trial court.

URL:http://www.tba.org/tba_files/TCCA/GOLDENJ.OPN.WP6
Opinion-Flash

EMMA JEAN DUNLAP HILLIARD,v. STATE OF TENNESSEE,    

Court:TCCA

For Appellant:              For Appellee:
Vicki H. Hoover             Charles W. Burson
Ainley & Hoover             Attorney General & Reporter
123 North Poplar Street     
Paris, TN 38242             Elizabeth T. Ryan
(on appeal and at trial)    Assistant Attorney General
                            Criminal Justice Division
Michael Ainley              450 James Robertson Parkway
Ainley & Hoover             Nashville, TN 37243-0493
123 North Poplar Street         
Paris, TN 38242             Robert Gus Radford
(at trial)                  District Attorney General
                            24th Judicial District
                    
                            Vicki L. Snyder
                            Asst. District Attorney General
                            P.O. Box 686
                            Huntingdon, TN 38344-0686
                        
Judge: GARY R. WADE, JUDGE

First Paragraph:

The defendant, Emma Jean Dunlap Hilliard, was convicted of the sale of
less than .5 grams of cocaine, a Class C felony.  Tenn. Code Ann. 
39-17 417(a)(3).  The trial court imposed a Range II sentence of six
years to be served consecutively to prior sentences she was already
serving.

URL:http://www.tba.org/tba_files/TCCA/HILLIARD.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. LAVON JONES,         

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:
Gerald Stanley Green        Charles W. Burson
301 Washington, Suite 302   Attorney General & Reporter
Memphis, TN 38103           500 Charlotte Avenue
                            Nashville, TN 37243-0497

                            Robin L. Harris
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            John W. Pierotti
                            District Attorney General
                            201 Poplar Avenue, Suite 301
                            Memphis, TN 38103-1947                  
                            Paul Thomas Hoover, Jr.
                            Assistant District Attorney General                         
                            201 Poplar Avenue, Suite 301
                            Memphis, TN 38103-1947
                          
Judge: Joe B. Jones, Presiding Judge

First Paragraph:

The appellant, Lavon Jones, was convicted of theft of property over
$1,000, a Class D felony, by a jury of his peers.  The trial court
imposed a Range I sentence consisting of confinement for two (2) years
in the Shelby County Correctional Center.  The trial court suspended
the entire sentence and placed the appellant on probation for two (2)
years.  The appellant was also ordered to pay restitution in the
amount of $2,500.  The appellant contends that the evidence is
insufficient, as a matter of law, to support a finding by a rational
trier of fact that he is guilty of theft beyond a reasonable doubt. 
Based upon a thorough reading of the record, the briefs of the
parties, and the law governing this issue, it is the opinion of this
Court that the judgment of the trial court should be affirmed.

URL:http://www.tba.org/tba_files/TCCA/JONESLAV.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. DEBRA L. LAIZURE,        

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Gerald Melton                   Charles W. Burson
Public Defender                 Attorney General and Reporter
                                450 James Robertson Parkway
Jeannie Kaess                   Nashville, Tennessee 37243-0493
Assistant Public Defender
201 West Main Street            Charlotte H. Rappuhn
Suite 101                       Assistant Atty. Gen. & Reporter
Murfreesboro, Tn 37129          450 James Robertson Parkway
                                Nashville, Tennessee 37243-0493

                                William C. Whitesell, Jr.
                                District Attorney General
                                3rd Floor, Judicial Building
                                Murfreesboro, Tennessee 37130
                          
Judge: William M. Barker, Judge

First Paragraph:

The appellant, Debra L. Laizure, was charged in a two count indictment
with 1) the unlawful and unauthorized use of a credit card,  and 2)
the unlawful and knowing possession and control of a credit card.  In
a negotiated plea, the appellant pled guilty to count one (1), the
unlawful and unauthorized use of a credit card.  Count two (2) was
dismissed.  She was sentenced to one (1) year as a standard Range I
offender to be served on supervised probation.  She was ordered to pay
restitution in the amount of $868.65 to be paid at the rate of  $75 a
month, and to serve one hundred hours of community service.  On appeal
she contends that the trial court abused its discretion when it
refused to grant judicial diversion.  We affirm the trial court.

URL:http://www.tba.org/tba_files/TCCA/LAIZURED.OPN.WP6
Opinion-Flash

JIMMY L. MATHIS, v. STATE OF TENNESSEE, 

Court:TCCA

Attorneys:   N/A                       

Judge: DAVID G. HAYES, JUDGE

First Paragraph:

ORDER
This matter is before the Court upon the states motion, pursuant to
Rule 20 of the Rules of the Court of Criminal Appeals, to affirm the
judgment of the trial court by order rather than by formal opinion. 
This case represents a pro se appeal from the trial courts denial of
the petitioners second petition for post-conviction relief.  The
record in this matter was filed with the Court on May 30, 1996, and
the petitioner filed his brief on June 12, 1996.

URL:http://www.tba.org/tba_files/TCCA/MATHIS1.ORD.WP6
Opinion-Flash

STATE OF TENNESSEE, v. LARRY MCKAY, and MICHAEL EUGENE SAMPLE

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

LARRY MCKAY                     CHARLES W. BURSON
Appellant Pro se                Attorney General and Reporter
R.M.S.I. Unit-II, 206-D
7475 Cockrill Bend Ind. Rd.     JOHN H. BAKER, III
Nashville,TN  37209-1010        Assistant Attorney General
                                450 James Robertson Parkway
MICHAEL EUGENE SAMPLE           Nashville, TN  37243
Appellant Pro se
R.M.S.I. Unit -II 102-C         JOHN W. PIEROTTI
7475 Cockrill Bend Ind. Rd.     District Attorney General
Nashville, TN  37209-1010
                                REGINALD R. HENDERSON
                                Assistant District Attorney
                                201 Poplar Avenue
                                Memphis, TN  38103
                      
Judge: JERRY L. SMITH, JUDGE

First Paragraph:

Appellants Larry McKay and Michael Eugene Sample were convicted of
murder and sentenced to death in 1982.  Since the Tennessee Supreme
Court upheld these convictions and sentences in State v. McKay, 680
S.W.2d 447 (Tenn. 1984), cert. denied, 470 U.S. 1034 (1985),
Appellants have filed numerous post conviction petitions with the
trial court.  Two of these post-conviction proceedings have been
before this court on appeal with the result that neither Appellant was
entitled to post-conviction relief.  Sample v. State, No.
02C01-9104-CR-00062, 1995 WL 66563 (Tenn. Crim. App. Feb. 15, 1995);
McKay v. State, No. 25, 1989 WL 17507 (Tenn. Crim. App. Mar. 1, 1989).
 In addition, an entirely different post conviction petition is, at
this time, pending before another panel of this court.

URL:http://www.tba.org/tba_files/TCCA/MCKAYL.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. ARCHIE VAUGHN MONTAGUE,

Court:TCCA

FOR THE APPELLANT:      FOR THE APPELLEE:

STEPHEN M. MILAM        CHARLES W. BURSON
P. O. Box 1062          Attorney General and Reporter
Lexington,TN  38351
                        ELLEN H. POLLACK
                        Assistant Attorney General
                        450 James Robertson Parkway
                        Nashville, TN  37243

                        ROBERT RADFORD
                        District Attorney General

                        ELENORA CAHILL
                        Assistant District Attorney
                        P. O. Box 686
                        Huntingdon, TN  38344
                         
Judge: JERRY L. SMITH, JUDGE

First Paragraph:

A Carroll County Circuit Court jury found Appellant Archie Vaughn
Montague guilty of one count of first degree murder.  The conviction
arose from the shooting death of Ronald Adams during the attempted
perpetration of a robbery.  Appellant received a sentence of life
imprisonment.  In this appeal, Appellant presents the following issues
for review:
(I) whether the evidence presented at trial is legally sufficient to
sustain a conviction for first degree murder; (II) whether the trial
court erred in admitting evidence relating to a suicide note written
by Appellant while in prison; (III) whether the trial court erred in
refusing to allow individual voir dire of the jury; (IV) whether the
trial court erred in admitting evidence relating to Appellants
statement to law enforcement authorities concerning the shooting; and
(V) whether the method of jury selection constituted reversible error.

URL:http://www.tba.org/tba_files/TCCA/MONTAGUE.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. VICTOR DEWAYNE PEARSON,      

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Jeffrey A. DeVasher             Charles W. Burson
Sr. Asst. Public Defender       Attorney General & Reporter
1202 Stahlman Building          450 James Robertson Parkway
Nashville, TN 37201             Nashville, TN 37243-0497
(Appeal Only)
                                Sarah M. Branch
Ralph W. Newman                 Assistant Attorney General
Assistant Public Defender       450 James Robertson Parkway
1202 Stahlman Building          Nashville, TN 37243-0485
Nashville, TN 37201
(Trial Only)                    Victor S. Johnson, III
                                District Attorney General
Tizeta M. Wodajo                Washington Square, Suite 500
Assistant Public Defender       222 Second Avenue, North
1202 Stahlman Building          Nashville, TN 37201-1649
Nashville, TN 37201
(Trial Only)                    Kymberly L.A. Hattaway
                                Assistant District Attorney General
OF COUNSEL:                     Washington Square, Suite 500
                                222 Second Avenue, North
Karl Dean                       Nashville, TN 37201-1649
Metropolitan Public Defender
1202 Stahlman Building
Nashville, TN 37201
                          
Judge: Joe B. Jones, Presiding Judge

First Paragraph:

The appellant, Victor Dewayne Pearson, was convicted of murder in the
first degree and especially aggravated robbery, a Class A felony, by a
jury of his peers.  The appellant was sentenced to life for murder in
the first degree.  The trial court found that the appellant was a
standard offender and imposed a Range I sentence consisting of
confinement for eighteen (18) years in the Department of Correction
for the especially aggravated robbery.  The two sentences are to be
 served consecutively. In this Court, the appellant contends that the
evidence contained in the record is insufficient to sustain a
conviction for murder in the first degree.  He also contends that the
trial court erred in ordering the two sentences to be served
consecutively.  After a thorough review of the record, the briefs of
the parties, and the law governing the issues presented for review, it
is the opinion of the Court that the judgment of the trial court
should be affirmed.

URL:http://www.tba.org/tba_files/TCCA/PEARSONV.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. WILLIE D. ROBINSON,              

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

James V. Ball               Charles W. Burson
217 Exchange Avenue         Attorney General and Reporter
Memphis, Tennessee 38105    450 James Robertson Parkway
                            Nashville, Tennessee 37243-0493

                            William David Bridgers
                            Assistant Attorney General
                            450 James Robertson Parkway
                            Nashville, Tennessee 37243-0493

                            John W. Pierotti
                            District Attorney General

                            Phillip Gerald Harris
                            Assistant District Attorney General
                            Criminal Justice Center
                            Third Floor
                            201 Poplar Avenue
                            Memphis, Tennessee 38103

Judge: William M. Barker, Judge

First Paragraph:

The appellant, Willie D. Robinson, was indicted on two counts of
murder by a Shelby County Grand Jury.  The first count of the
indictment alleged that the appellant committed the murder of Martha
Jean Favati during the commission of a felony.  The second count of
the indictment alleged that the appellant committed the premeditated
and deliberate murder of Martha Jean Favati.  The jury found the
appellant guilty on count one (1), felony murder.  The trial court
sentenced him to life imprisonment.  On appeal, the appellant argues
only that the evidence was insufficient as a matter of law to support
the conviction.

URL:http://www.tba.org/tba_files/TCCA/ROBINSNW.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v.ROY L. SHERROD,           

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:
Walker Gwinn                    Charles W. Burson
Assistant Public Defender       Attorney General & Reporter
201 Poplar Avenue, Suite 2-01   500 Charlotte Avenue
Memphis, TN  38103              Nashville, TN   37243-0497
(On Appeal)
                                Robin L. Harris
Catherine O. Costict            Assistant Attorney General
Assistant Public Defender       450 James Robertson Parkway
201 Poplar Avenue, Suite 2-01   Nashville, TN   37243-0493
Memphis, TN  38103          
(At Trial)                      John W. Pierotti                                        
                                District Attorney General
Robert T. Hall                  201 Poplar Avenue, Suite 301
Assistant Public Defender       Memphis, TN  38103-1947
201 Poplar Avenue, Suite 2-01
Memphis, TN  38103              Paul Thomas Hoover, Jr.
(At Trial)                      Assistant District Attorney General
                                201 Poplar Avenue, Suite 301
OF COUNSEL:                     Memphis, TN   38103-1947

A C Wharton, Jr.                Rhea Clift
Shelby County Public Defender   Assistant District Attorney General
201 Poplar Avenue, Suite 2-01   201 Poplar Avenue, Suite 301
Memphis, TN   38103             Memphis, TN   38103-1947
                         
Judge: JOE B. JONES, Presiding Judge

First Paragraph:

The appellant, Roy L. Sherrod, was convicted of robbery, a Class C
felony, and aggravated rape, a Class A felony, by a jury of his peers.
 The trial court found that the appellant was a career offender and
imposed a sentence of confinement for fifteen (15) years in the
Department of Correction for robbery.  The trial court found that the
appellant was a persistent offender and imposed a Range III sentence
consisting of confinement for forty (40) years in the Department of
Correction for aggravated rape.  The sentences are to be served
concurrently.  Three issues are presented for review.  The appellant
challenges the sufficiency of the evidence regarding his conviction
for aggravated rape, the denial of his special request for an
instruction on theft of property under the value of $500, and the
sentences imposed by the trial court.  After a thorough review of the
record, the briefs of the parties, and the law governing the issues
presented for review, it is the opinion of this Court that the
judgment on the convictions and the aggravated rape sentence should be
affirmed, and the robbery sentence modified.

URL:http://www.tba.org/tba_files/TCCA/SHERROD.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. BRENDA J. SMITH, 

Court:TCCA

For Appellant:              For Appellee:
Stephen L. Hale             Charles W. Burson
Attorney                    Attorney General & Reporter
101 West Market Street      
P.O. Box 331                Clinton J. Morgan           
Bolivar, TN  38008          Counsel for the State
                            Criminal Justice Division                                   
                            450 James Robertson Parkway
                            Nashville, TN  37243-0493

                            John Overton
                            Asst. District Attorney General
                            P.O. Box 484
                            Savannah, TN  38372
                       
Judge: GARY R. WADE, JUDGE

First Paragraph:

The defendant, Brenda J. Smith, was convicted of bribery and driving
under the influence.  The trial court imposed consecutive sentences of
three years and 11 months and 29 days respectively.  Probation was
granted after a term of jail of six months for the bribery and 60 days
for the DUI.  In this appeal of right, the defendant challenges the
sufficiency of the evidence on the bribery offense and claims that the
trial court should have granted a new trial because the audio tapes of
her trial had been lost.  We find no error and affirm the judgment.

URL:http://www.tba.org/tba_files/TCCA/SMITHBJ.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. CHRISTOPHER BLOCKETT 

Court:TCCA

For Appellant Blockett:         For the Appellee

Ann Turner Moore                Charles W. Burson
Suite 5                         Attorney General & Reporter
132 Tucker Street               450 James Robertson Parkway
Jackson, TN 38301               Nashville, TN 37243-0493

For Appellant Swift:            Robin L. Harris
                                Asst. Attorney General  
J. Colin Morris                 450 James Robertson Parkway
P.O. Box 1623                   Nashville, TN 37343-0493
204 West Baltimore              
Jackson, TN                     James G. Woodall
                                District Attorney General

                                Donald H. Allen
                                Asst. Attorney General
                                225 Martin Luther King Dr. 
                                P.O. Box 2825
                                Jackson, TN 38302-2825
                         
Judge: William M. Barker, Judge

First Paragraph:

The appellants, Christopher Blockett and Jerell Swift, pled guilty to
four counts of aggravated robbery, a class B felony, two counts of
attempted aggravated robbery, a class C felony, one count of theft
over $1,000, a class D felony, and one count of burglary of a vehicle,
a class E felony.  As a Range I, standard offender, Blockett received
the following sentences to be served in the Department of Correction:

URL:http://www.tba.org/tba_files/TCCA/SWIFTJ.WPD.WP6
Opinion-Flash

STATE OF TENNESSEE, v. JOHN DAVID TERRY,                

Court:TCCA

FOR THE APPELLANT:          FOR THE APPELLEE:

Lionel R. Barrett, Jr.      Charles W. Burson
Attorney at Law             Attorney General & Reporter
222 Second Ave., North      450 James Robertson Parkway
Nashville, TN 37201         Nashville, TN 37243-0497

Michael E. Terry            Kathy Morante
Attorney at Law             Deputy Attorney General
150 Second Ave., North      450 James Robertson Parkway
Nashville, TN 37201-1934    Nashville, TN 37243-0493

                            Victor S. Johnson, III
                            District Attorney General
                            Washington Square, Suite 500
                            222 North Second Street, North
                            Nashville, TN 37201-1649

                            John C. Zimmerman
                            Assistant District Attorney General
                            222 North Second Street, North
                            Nashville, TN 37201-1649

                            Katy N. Miller
                            Assistant District Attorney General
                            Washington Square, Suite 500
                            222 North Second Street, North
                            Nashville, TN 37201-1649
                          
Judge: Joe B. Jones, Presiding Judge

First Paragraph:

This Court granted the interlocutory appeal of John David Terry to
address the issue of whether it is permissible to assert new
aggravating circumstances in a capital case when the death sentence is
set aside and a new sentencing hearing is granted.   This Court held
that "the state should not be permitted to engage in such a practice
indiscriminately and without limitations.  The accused must be
protected from vindictive as well as piecemeal litigation."   This
Court concluded:
Before the state can assert a new aggravating circumstance at a
resentencing hearing, the state must establish prior to the
resentencing hearing that (a) it has discovered new evidence which
will establish the new aggravating circumstance and (b) the new
evidence was unavailable and undiscoverable prior to the initial
sentencing hearing despite the state's diligent effort to fully
investigate its case against the accused.  Such a rule recognizes the
right of the state to assert new aggravating circumstances while
protecting the accused from vindictive or piecemeal litigation.

URL:http://www.tba.org/tba_files/TCCA/TERRYJD.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. PATRICK TRAWICK, also known as TARUS NORFLEET,   

Court:TCCA

For the Appellant:          For the Appellee:

Dianne Thackery             Charles W. Burson
Assistant Public Defender   Attorney General of Tennessee
201 Poplar Avenue           and
Memphis, TN 38103           Charlotte H. Rappuhn
(AT TRIAL)                  Assistant Attorney General of Tennessee                     
                            450 James Robertson Parkway     
Walker Gwinn                Nashville, TN 37243-0493
Assistant Public Defender
201 Poplar Avenue           John W. Pierotti, Jr.
Memphis, TN 38103           District Attorney General
(ON APPEAL)                 and
                            Patience Branham
                            Assistant District Attorney General
                            201 Poplar Avenue
                            Memphis, TN 38103
                          
Judge:  Joseph M. Tipton Judge

First Paragraph:

The defendant, Patrick Trawick, also known as Tarus Norfleet, appeals
from his jury conviction in the Shelby County Criminal Court for rape,
a Class B felony.  He received a sentence of nine years as a Range I,
standard offender to be served in the custody of the Department of
Correction.  In this appeal as of right, he contends that the evidence
is insufficient to support his conviction for rape.

URL:http://www.tba.org/tba_files/TCCA/TRAWICK.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. MICHAEL RICHARD TRINKLE, 

Court:TCCA

For the Appellant:          For the Appellee

Bob McDaniel Green          Charles W. Burson
600 North Roan Street       Attorney General & Reporter
P.O. Box 28                 450 James Robertson Parkway
Johnson City, TN 37605      Nashville, TN 37243-0493

                            Amy L. Tarkington       
                            Asst. Attorney General
                            450 James Robertson Parkway
                            Nashville, TN 37243-0493

                            H. Greeley Wells, Jr.
                            District Attorney General

                            Phyllis Miller
                            Asst. District Attorney General
                            P.O. Box 526
                            Blountville, TN 37617-0526
                         
Judge: William M. Barker, Judge

First Paragraph:

The appellant, Michael Richard Trinkle, appeals as of right from the
Sullivan County Criminal Courts judgment denying his petition for
post-conviction relief.  On appeal, the appellant contends that his
trial counsel was ineffective for (a) failing to object to hearsay
testimony, (b) failing to object to leading questions, (c) failing to
subpoena and present key defense witnesses, (d) failing to object to
the amended indictment, (e) failing to obtain a transcript of the
preliminary hearing, (f) failing to raise the statute of limitations
defense, and (g) failing to move for judgments of acquittal at the
conclusion of the trial.  The appellant also lists as an issue, but
does not argue, the propriety of the trial courts findings of fact
and conclusions of law.  We find no error and affirm the judgment of
the trial court.

URL:http://www.tba.org/tba_files/TCCA/TRINK.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. MILBURN EARL WALLACE

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Larry G. Bryant                 Charles W. Burson
At District Public Defender     Attorney General & Reporter
P. O. Box 663                   500 Charlotte Avenue
Camden, TN   38320              Nashville, TN  37243-0497

OF COUNSEL:                     Charlotte H. Rappuhn
Guy T. Wilkinson                Assistant Attorney General
District Public Defender        450 James Robertson Parkway
P. O. Box 663                   Nashville, TN  37243-0493
Camden, TN   38320
                                G. Robert Radford
                                District Attorney General
                                P. O. Box 686 
                                Huntingdon, TN   38344

                                Todd A. Rose
                                Asst. District Attorney General
                                P. O. Box 94
                                Paris, TN   38242
                          
Judge: Joe B. Jones, Presiding Judge

First Paragraph:

The appellant, Milburn Earl Wallace, was convicted of criminal attempt
to commit rape, a Class C felony, by a jury of his peers.  The trial
court, finding that the appellant was a multiple offender, imposed a
Range II sentence of six (6) years confinement in the Department of
Correction.  The appellant contends that the evidence is insufficient,
as a matter of law, to support a finding by a rational trier of fact
that he is guilty of attempted rape beyond a reasonable doubt.

URL:http://www.tba.org/tba_files/TCCA/WALLACEM.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. KARON L. WASHINGTON,     

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Charles W. Burson               Stephen P. Spracher
Attorney General & Reporter     Assistant District Public Defender
450 James Robertson Parkway     227 West Baltimore Street
Nashville, TN 37243-0497        Jackson, TN 38301-6137

Ellen H. Pollack                OF COUNSEL:
Assistant Attorney General
450 James Robertson Parkway     George Morton Googe
Nashville, TN 37243-0485        District Public Defender
                                227 West Baltimore Street
James G. Woodall                Jackson, TN 38301-6137
District Attorney General
P.O. Box 2825
Jackson, TN 38302

James W. Thompson
Assistant District Attorney General
P.O. Box 2825
Jackson, TN 38302                         

Judge: Joe B. Jones, Presiding Judge

First Paragraph:

The sole issue presented by this appeal is whether the trial court had
jurisdiction to alter the sentences of the appellee, Karon L.
Washington, after the judgments accepting her pleas of guilty and
setting her punishment had become final.  After a thorough review of
the record, the briefs presented by the parties, and the authorities
that govern the issue presented for review, it is the opinion of this
Court that although the judgments of conviction were final, the trial
court had jurisdiction to alter, amend or change the judgments because
Washington was confined in the Madison County Penal Farm while waiting
transportation to the Department of Correction.  Thus, the judgment of
the trial court is affirmed.

URL:http://www.tba.org/tba_files/TCCA/WASHINGT.OPN.WP6
Opinion-Flash

STATE OF TENNESSEE, v. KENNETH L. WEEMS,    

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:

Walker Gwinn                        Charles W. Burson
Assistant Public Defender           Attorney General & Reporter
201 Poplar Avenue, Suite 2-01       500 Charlotte Avenue
Memphis, TN 38103                   Nashville, TN 37243-0497
(Appeal Only)
                                    Michael E. Moore
Glenn I. Wright                     Solicitor General
Attorney at Law                     500 Charlotte Avenue
200 Jefferson Avenue, Suite 800     Nashville, TN 37243-0497
Memphis, TN 38103
(Trial Only)                        Michael W. Catalano
                                    Assistant Solicitor General
OF COUNSEL:                         500 Charlotte Avenue
                                    Nashville, TN 37243-0497
A C Wharton, Jr.                    
Shelby County Public Defender       John W. Pierotti
201 Poplar Avenue, Suite 2-01       District Attorney General
Memphis, TN 38103                   201 Poplar Avenue, Third Floor
                                    Memphis, TN 38103

                                    James A. Wax, Jr.
                                    Assistant District Attorney General
                                    201 Poplar Avenue, Third Floor
                                    Memphis, TN 38103

                                    Reginald R. Henderson
                                    Asst District Attorney General
                                    201 Poplar Avenue, Third Floor
                                    Memphis, TN 38103
                         
Judge: Joe B. Jones, Judge

First Paragraph:

The appellant, Kenneth L. Weems, was convicted of one count of murder
in the first degree by a jury of his peers.  He was sentenced to
confinement for life in the Department of Correction.  The appellant
was also convicted of second degree murder.  The trial court, finding
that the appellant was a standard offender, imposed a sentence
consisting of confinement for fifteen (15) years in the Department of
Correction.  The appellant challenges the sufficiency of the evidence
on the elements of premeditation and deliberation; he claims that the
instruction on premeditation and deliberation was erroneous; he claims
the trial court committed prejudicial error in allowing the jury to
hear an audio tape that was recording when the murder was committed;
and he argues the trial court also committed error in permitting the
hearsay testimony regarding who requested the meeting between the
victim and the appellant.  After a thorough review of the record, the
briefs of the parties, and the law governing these issues, this Court
is of the opinion that the judgment of the trial court should be
affirmed.

URL:http://www.tba.org/tba_files/TCCA/WEEMSK.OPN.WP6
Opinion-Flash

WENDELL RAY WITHERSPOON, v. STATE OF TENNESSEE,             

Court:TCCA

FOR THE APPELLANT:                  FOR THE APPELLEE:

Wendell Ray Witherspoon, Pro Se     Charles W. Burson
Prison Number 119707                Attorney General & Reporter
CCA/SCCF P. O. Box 279              450 James Robertson Parkway
Clifton, TN 38425-0279              Nashville, TN 37243-0493
                        
                                    Clinton J. Morgan
                                    Assistant Attorney General
                                    450 James Robertson Parkway
                                    Nashville, TN 37243-0493

                                    T. Michael Bottoms
                                    District Attorney General
                                    P.O. Box 459
                                    Lawrenceburg, TN 38464-0459
                        
Judge: Joe B. Jones, Presiding Judge

First Paragraph:

The appellant, Wendell Ray Witherspoon, appeals as of right from a
judgment of the trial court summarily dismissing his suit for
post-conviction relief.  The trial court held that the suit was barred
by the statute of limitations, the petition does not raise a ground
for which relief may be granted, and the issue has been previously
determined.   In this Court, the appellant contends that the trial
court erred in dismissing his suit for post-conviction relief without
the benefit of an evidentiary hearing.  After a thorough review of the
record, the briefs of the parties, and the law controlling the issue
presented for review, it is the opinion of this Court that the
judgment of the trial court should be affirmed pursuant to Rule 20,
Tenn. Ct. Crim. App.

URL:http://www.tba.org/tba_files/TCCA/WITHERSP.OPN.WP6
Opinion-Flash

RICKY WOOLARD,  v. STATE OF TENNESSEE,

Court:TCCA

FOR THE APPELLANT:              FOR THE APPELLEE:

Edward C. Miller                Charles W. Burson
District Public Defender        Attorney General and Reporter
P.O. Box 416                    Nashville, Tennessee 37243-0493
Dandridge, Tennessee 37725
                                Eugene J. Honea
                                Assistant Attorney General
                                450 James Robertson Parkway
                                Nashville, Tennessee 37243-0493

                                Alfred C. Schmutzer, Jr.  
                                District Attorney General 
                                125 Court Avenue, Rm. 301-E
                                Sevierville, Tennessee 37862
                            
                            
                                James L. Gass
                                Assistant District Attorney General
                                Sevier County Courthouse, Suite 301
                                Sevierville, Tennessee 37862
                       
Judge: William M. Barker, Judge

First Paragraph:

This is an appeal by the appellant, Ricky Woolard, from the judgment
of the Circuit Court of Jefferson County ordering the appellants
involuntary judicial commitment to the Middle Tennessee Mental Health
Institute.

URL:http://www.tba.org/tba_files/TCCA/WOOLARD.OPN.WP6

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