TBALink Opinion-Flash

November 19, 1998 -- Volume 4 -- Number 170

What follows is the case style or name, first paragraph, author's name, and the names of the attorneys for the parties of each opinion released today from Tennessee's three appellate courts.

This Issue (IN THIS ORDER):
00-New Opinion(s) from the Tennessee Supreme Court
00-New Opinion(s) from the Tennessee Supreme Court Workers Comp Panel
00-New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00-New Opinion(s) from the Tennessee Court of Appeals
04-New Opinion(s) from the Tennessee Court of Criminal Appeals
00-New Judicial Ethics Opinion(s)
00-New Formal Ethics Opinion(s) from the Board of Professional Responsibility

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Lucian T. Pera
Editor-in-Chief, TBALink



STATE OF TENNESSEE
VS.
SANDY RENITA COBB

Court:TCCA

Attorneys: 

FOR THE APPELLANT:                  FOR THE APPELLEE:

JOHN M. HENDERSON                   JOHN KNOX WALKUP
District Public Defender            Attorney General & Reporter

EUGENE HONEA                        CLINTON J. MORGAN
Assistant Public Defender           Assistant Attorney General
407-C Main St.                      Criminal Justice Division
P.O. Box 68                         425 Fifth Ave. North
Franklin TN  37065-00068            2d Floor, Cordell Hull Bldg.
                                    Nashville, TN 37243-0493    

                                    JOSEPH D. BAUGH, JR.
                                    District Attorney General

                                    DEREK K. SMITH
                                    Assistant District Attorney General
                                    Williamson County Courthouse
                                    Suite G-6
                                    P.O. Box 937
                                    Franklin, TN 37065-0937                         

Judge:WITT

First Paragraph:

The defendant, Sandy Renita Cobb, pleaded guilty in the Williamson
County Circuit Court to aggravated burglary and theft of property
valued at more than one thousand dollars.  Pursuant to the negotiated
plea agreement, the trial court dismissed a third count for exercising
control over stolen property.  After a sentencing hearing, the trial
court ordered her to serve concurrent sentences of six years for
aggravated burglary and four years for theft.  In this appeal, the
defendant contends that her sentences are excessive because the trial
court applied inappropriate enhancement factors and failed to give the
applicable mitigating factors appropriate weight.  Based on the record
before us and the applicable law, we affirm the judgment of the trial
court.

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

THOMAS LIGHT
VS.
STATE OF TENNESSEE

Court:TCCA                          

Judge:RILEY

First Paragraph:

The petitioner appeals the trial court's denial of post-conviction
relief.  He previously entered a best interest plea to one (1) count
of aggravated sexual battery with an agreed sentence of eight (8)
years as a Range I, standard offender.  Petitioner contends his guilty
plea was the result of ineffective assistance of counsel.  He further
contends that the trial court erred accepting his plea in Maury County
when the indictment was pending in Lawrence County.

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

PAUL DAN SMITH
VS.
STATE OF TENNESSEE

Court:TCCA

Attorneys:  

For Appellant:              For Appellee:

J. Jay Cheatwood            John Knox Walkup
Attorney for Appellant      Attorney General & Reporter
231 Mahr Avenue
P.O. Box 794                Elizabeth B. Marney
Lawrenceburg, TN  38464     Assistant Attorney General
                            425 Fifth Avenue North
                            Cordell Hull Building, Second Floor
                            Nashville, TN  37243-0493

                            James G. White
                            Assistant District Attorney General
                            P.O. Box 279
                            Lawrenceburg, TN  38464                        

Judge:WADE

First Paragraph:

The petitioner, Paul Dan Smith, appeals the trial court's denial of
post-conviction relief.  The single issue for review is whether the
trial court erred by concluding that the petitioner had knowingly and
voluntarily waived his right to counsel.  We reverse the judgment of
the trial court.

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

STATE OF TENNESSEE
VS.
JOHN WILLIAM TAYLOR

Court:TCCA

Attorneys: 

FOR THE APPELLANT:      FOR THE APPELLEE:

HERSHELL D. KOGER       JOHN KNOX WALKUP
135 N. 1st Street       Attorney General and Reporter
P. O. Box 1148
Pulaski, TN  38478      CLINTON J. MORGAN
                        Assistant Attorney General
                        425 Fifth Avenue North
                        Nashville, TN  37243

                        MIKE MCCOWEN
                        District Attorney General

                        WEAKLEY E. BARNARD
                        Assistant District Attorney
                        Marshall County Courthouse
                        Lewisburg, TN  37091                         

Judge: SMITH

First Paragraph:

On October 3, 1996 a Marshall county jury convicted Appellant, John
William Taylor, of aggravated burglary and theft over $1000.00. The
trial court, sitting as thirteenth juror, found the weight of the
evidence insufficient for the offense of theft over $1000.00 and
entered a judgment of guilty of theft of property over the value of
$500.00. After a sentencing hearing, the trial court sentenced
Appellant as a career offender to serve fifteen years at 60%,
consecutive to all prior convictions and concurrently with six years
at 60% on the theft conviction.

URL:http://www.tba.org/tba_files/TCCA/taylojo_opn.WP6


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