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.
- 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
- 07-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
There are three ways to get the full opinion from the Web: (TBALink members only)
Lucian T. Pera
STATE OF TENNESSEE vs. JOHNNY BENARD JONES and CLIFTON LAVERN MITCHELL Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ANDREW JOHNSTON JOHN KNOX WALKUP 108 East Court Square Attorney General & Reporter Somerville, TN 38068 (For Defendant Jones) GEORGIA BLYTHE FELNER Asst. Attorney General C. MICHAEL ROBBINS John Sevier Bldg. 46 North Third St., Suite 719 425 Fifth Ave., North Memphis, TN 38103 Nashville, TN 37243-0493 (For Defendant Mitchell on Appeal) ELIZABETH T. RICE GARY ANTRICAN District Attorney General District Public Defender 302 Market St. Somerville, TN 38068 SHANA McCOY-JOHNSON Asst. District Public Defender P.O. Box 700 Somerville, TN 38068 (For Defendant Mitchell at Trial) Judge: PEAY First Paragraph: A jury found the defendants guilty of possession of cocaine (over 26 grams) with intent to sell and possession of marijuana. Following a sentencing hearing, each defendant was sentenced as a Range II multiple offender to twenty years incarceration on the cocaine offense and a concurrent term of eleven months, twenty-nine days incarceration at 75% on the marijuana offense. The defendants now appeal, arguing that the evidence is insufficient to establish knowing possession of the controlled substances. Defendant Jones raises two additional arguments for review, i.e., that the trial court erred in denying his motion to sever and that his sentence is excessive. Finding no merit to the defendants' arguments, we affirm. URL:http://www.tba.org/tba_files/TCCA/jonesjb_opn.WP6 WENDELL LEGGS vs. STATE OF TENNESSEE Court:TCCA Judge: HAYES First Paragraph: This matter is before the Court upon the state's motion, pursuant to Rule 20, Rules of the Court of Criminal Appeals, to affirm the judgment of the trial court in this case by order rather than formal opinion. The above-captioned case represents an appeal from the trial court's dismissal of the petitioner's petition for writ of habeas corpus. It appears the petitioner is currently serving an effective sentence of fifty years for several 1986 convictions of aggravated rape and aggravated kidnapping. The petitioner contends that his sentence has expired because the statute under which he was sentenced no longer exists and the current law imposes a lesser penalty for the offenses committed. URL:http://www.tba.org/tba_files/TCCA/leggs_ord.WP6 STATE OF TENNESSEE vs. ANTONIO L. SAULSBERRY & FRANKLIN C. HOWARD with DISSENTING Opinion Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: STEFFEN G. SCHREINER JOHN KNOX WALKUP Attorney for Appellant Saulsberry Attorney General and Reporter 295 Washington Avenue, Suite 3 Memphis, TN 38103 PETER M. COUGHLAN Assistant Attorney General JOSEPH S. OZMENT 425 5th Avenue North Attorney for Appellant Howard Nashville, TN 37243 217 Exchange Avenue Memphis, TN 38103 WILLIAM L. GIBBONS District Attorney General JAMES V. BALL Attorney for Appellant Howard TERRELL L. HARRIS 217 Exchange Avenue J. ROBERT CARTER Memphis, TN 38103 PHILLIP GERALD HARRIS Assist District Attorneys General Criminal Justice Complex, Suite 301 201 Poplar Street Memphis, TN 38103 Judge: SUMMERS First Paragraph: The Defendants, Antonio L. Saulsberry and Franklin C. Howard, pursuant to Tennessee Rule of Appellate Procedure 3(b), appeal as of right their convictions for first degree premeditated murder, especially aggravated robbery, and conspiracy to commit aggravated robbery. In addition, Defendants appeal the trial court's application of consecutive sentencing. These convictions arose from the robbery of a Memphis T.G.I. Friday's restaurant and the murder of its manager, Gene Frieling. URL:http://www.tba.org/tba_files/TCCA/saulsbal_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/saulsbal_dis.WP6 SYLVESTER SMITH vs. STATE OF TENNESSEE with CONCURRING/DISSENTING opinion Court:TCCA Attorneys: For the Appellant: For the Appellee: William P. Redick, Jr. John Knox Walkup P. O. Box 137 Attorney General and Reporter Whites Creek, TN 37189 Amy L. Tarkington Peter D. Heil Assistant Attorney General P. O. Box 40651 Criminal Justice Division Nashville, TN 37204 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Thomas Hoover Asst. Attorney General Criminal Justice Complex Suite 301, 201 Poplar Street Memphis, TN 38103 Judge: Hayes First Paragraph: In this capital case, the appellant, Sylvester Smith, appeals as of right the judgment of the Criminal Court of Shelby County denying his petition for post-conviction relief. In 1991, the appellant was convicted of felony murder, and, following a separate sentencing hearing, was sentenced to death by electrocution. The appellant's conviction and sentence were affirmed on direct appeal by the Tennessee Supreme Court. See State v. Smith, 893 S.W.2d 908 (Tenn. 1994), reh'g denied, (1995), cert. denied, 516 U.S. 829, 116 S.Ct. 99 (1995). URL:http://www.tba.org/tba_files/TCCA/smithsyl_opn.WP6 URL:http://www.tba.org/tba_files/TCCA/smithsyl_con.WP6 ROBERT LEE TAYLOR vs. STATE OF TENNESSEE Court:TCCA Attorneys: For the Appellant: For the Appellee: William P. Redick, Jr. John Knox Walkup P. O. Box 137 Attorney General and Reporter Whites Creek, TN 37189 Amy L. Tarkington Peter D. Heil Assistant Attorney General P. O. Box 40651 Criminal Justice Division Nashville, TN 37204 425 Fifth Avenue North 2d Floor, Cordell Hull Building Nashville, TN 37243-0493 Thomas Hoover Asst. Attorney General Criminal Justice Complex Suite 301, 201 Poplar Street Memphis, TN 38103 Judge: HAYES First Paragraph: This matter is before the Court upon the state's motion to affirm the trial court judgment by order pursuant to Rule 20, Rules of the Court of Criminal Appeals. This case represents an appeal from the denial of the petitioner's petition for writ of habeas corpus. The petitioner was convicted of first degree murder in August 1982. On July 21, 1998, the petitioner filed a petition for writ of habeas corpus challenging the sufficiency of the first degree murder indictment returned in 1981. This Court recently filed an order affirming the trial court's denial of a similar petition for writ of habeas corpus filed by the petitioner attacking the sufficiency of this very indictment. Robert Lee Taylor v. State, No. 02C01-9701-CC-00019 (Tenn. Crim. App., November 3, 1997), perm. to app. denied, (Tenn. November 24, 1997). URL:http://www.tba.org/tba_files/TCCA/taylo-r2_ord.WP6 EDUARDO E. WELLS vs. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JAMES V. BALL JOHN KNOX WALKUP 217 Exchange Avenue Attorney General and Reporter Memphis, TN 38105 DOUGLAS D. HIMES Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 WILLIAM GIBBONS District Attorney General PAUL GOODMAN Assistant District Attorney General Criminal Justice Complex, Suite 301 201 Poplar Avenue Memphis, TN 38103 Judge: WELLES First Paragraph: This is an appeal as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. The Petitioner, Eduardo E. Wells, appeals from an order of the trial court denying him post-conviction relief. The Petitioner presents one issue for our review: whether his guilty plea was knowingly and voluntarily made with effective assistance of counsel. We affirm the judgment of the trial court. URL:http://www.tba.org/tba_files/TCCA/wellsed_opn.WP6 STATE OF TENNESSEE vs. STACY D. WILLIFORD Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ANDREW S. JOHNSTON JOHN KNOX WALKUP 108 East Court Square Attorney General & Reporter Somerville, TN 38068 PETER M. COUGHLAN Asst. Attorney General John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243-0493 ELIZABETH T. RICE District Attorney General 302 Market St. Somerville, TN 38068 Judge: PEAY First Paragraph: The defendant was convicted by a jury of aggravated vehicular homicide, vehicular assault, driving under the influence, driving on a revoked license, and leaving the scene of an accident. Following a sentencing hearing, the defendant received an effective sentence of twenty years. The defendant now appeals, raising the following issues for review: I. Whether the trial court erred in denying the defendant's motion to suppress statements on the theory the defendant was in custody but was not read his Miranda warnings? II. Whether the defendant's due process rights were violated by T.C.A. S 55-10-401, which allows an inference that previous DUI offenders are intoxicated if their blood alcohol content is .08% or higher, whereas it may be inferred that first-time offenders are intoxicated only when their blood alcohol content is .10% or higher? III. Whether the trial court erred in charging the jury that they could infer intoxication by a .08% or higher blood alcohol content, since this instruction reveals to the jury that the defendant has been previously convicted of DUI? IV. Whether the evidence is sufficient to sustain the defendant's convictions for aggravated vehicular homicide, vehicular assault, and leaving the scene of an accident? Finding no reversible error, we affirm the trial court's judgments. URL:http://www.tba.org/tba_files/TCCA/wiliford_opn.WP6
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