April 6, 1999
Volume 5 -- Number 045
What follows is the case style or name, first paragraph, author's name, and the names of attorneys for the parties of each opinion released eletronically today to TBALink 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' Compensation Panel|
|01||New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court|
|00||New Opinion(s) from the Tennessee Court of Appeals|
|15||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
SUPREME COURT OF TENNESSEE STATE LIST FOR PERMISSION TO APPEAL Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/statelst_405.WP6
STATE OF TENNESSEE VS. TONY ARMSTRONG Court:TCCA Attorneys: For Appellant: For Appellee: Dwight E. Scott John Knox Walkup 4024 Colorado Avenue Attorney General and Reporter Nashville, TN 37209 425 Fifth Avenue North Nashville, TN 37243-0493 Daryl J. Brand Senior Counsel 425 Fifth Avenue North Nashville, TN 37243-0493 Erik W. Daab Legal Assistant 425 Fifth Avenue North Nashville, TN 37243-0493 Jon Seaborg Assistant District Attorney General Washington Square Building 222 2nd Avenue, North Nashville, TN 37201 Judge:OGLE First Paragraph: The appellant, Tony Armstrong, appeals as of right his conviction by a jury in the Criminal Court for Davidson County of the sale of less than .5 grams of cocaine, a Class C felony. The trial court sentenced the appellant as a standard, Range I offender to four years incarceration and suspended all but one year of the appellant's sentence. The sole issue on appeal is the sufficiency of the evidence adduced at trial to sustain the jury's verdict. Following a thorough review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/armstron_ton.WP6
STATE OF TENNESSEE VS. BILLY G. BARNETT Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RICHARD A. SPIVEY JOHN KNOX WALKUP 142 Cherokee Street Attorney General and Reporter Kingsport, TN 37660 TODD R. KELLEY Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 MIKE FLYNN District Attorney General BARRY STAUBUS Assistant District Attorney General Blountville, TN 37617 Judge:WELLES First Paragraph: The Defendant, Billy Gene Barnett, appeals as of right pursuant to Rule 3 of the Tennessee Rules of Appellate Procedure. He was convicted, upon his pleas of guilty, of two counts of reckless aggravated assault, Class D felonies, one count of second-offense DUI, and one count of failure to yield the right-of-way. Although the record contains neither a copy of the plea agreement nor a transcript of the guilty plea proceeding, it appears that the Defendant agreed to serve two concurrent three-year sentences as a Range I standard offender for the two Class D felonies. The manner of service of the sentences was left to the discretion of the trial judge. After conducting a sentencing hearing, the trial judge ordered that the Defendant serve 325 days in the county jail in conjunction with four years on probation. The Defendant appeals from the sentences imposed, arguing primarily that the 325 days ordered to be served in confinement is excessive. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/barnetbg_opn.WP6
STATE OF TENNESSEE VS. MICHAEL CHANEY Court:TCCA Attorneys: For Appellant: For Appellee: Shipp R. Weems John Knox Walkup District Public Defender Attorney General and Reporter P.O. Box 160 450 James Robertson Parkway Charlotte, TN 37036 Nashville, TN 37243-0493 Carey J. Thompson Daryl J. Brand Assistant Public Defender Senior Counsel P.O. Box 160 425 Fifth Avenue North Clarksville, TN 37036 Nashville, TN 37243-0493 Erik W. Daab Legal Assistant 425 Fifth Avenue North Nashville, TN 37243-0493 Robert Wilson Assistant District Attorney General P.O. Box 580 Charlotte, TN 37036 Judge:OGLE First Paragraph: The appellant, Michael A. Chaney appeals as of right the order of the Circuit Court of Dickson Court revoking his probation. On May 13, 1996, the trial court entered a judgment of conviction pursuant to the appellant's plea of guilt to one count of vehicular homicide, a Class C felony. The trial court sentenced the appellant to three years incarceration in the Tennessee Department of Correction, but suspended the appellant's sentence and placed him on supervised probation. Special conditions of the appellant's probation included paying court costs and completing two hundred hours of community service. On December 4, 1997, the trial court revoked the appellant's probation and ordered that the appellant serve his sentence in the Tennessee Department of Correction. Following a review of the record in this case, we reverse the judgment of the trial court. http://www.tba.org/tba_files/TCCA/chaneymi_pr.WP6
STATE OF TENNESSEE VS. JAMES ROBERT FIELDS WITH CONCURRING OPINION Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: TERRY J. LEONARD JOHN KNOX WALKUP 9 North Court Square Attorney General and Reporter P. O. Box 957 Camden, TN 38320 PETER M. COUGHLAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 ROBERT RADFORD District Attorney General 24th Judicial District P. O. Box 686 Huntingdon, TN 38344 Judge:SMITH First Paragraph: In November of 1996, a Henry County grand jury indicted Appellant James Robert Fields for one count of statutory rape. On February 26, 1997, a Henry County jury acquitted Appellant of the statutory rape charge and convicted him of Class B misdemeanor assault. After a sentencing hearing on March 10, 1997, the trial court imposed a six-month sentence, with ninety days of continuous confinement followed by three months of supervised probation. Appellant challenges both his conviction and his sentence, raising the following issues: 1) whether the evidence is sufficient to support his conviction; and 2) whether the trial court imposed an excessive sentence. After a review of the record, we reverse the judgment of the trial court and dismiss the conviction for assault. http://www.tba.org/tba_files/TCCA/fieldsja_opn.WP6 CONCURRING OPINION: http://www.tba.org/tba_files/TCCA/fieldsjr_con.WP6
MATHIS MARTIN VS. STATE OF TENNESSEE Court:TCCA Attorneys: For Appellant: For Appellee: Mathis Martin John Knox Walkup MTCX Annex Attorney General and Reporter 7466 Centennial Boulevard 425 Fifth Avenue North Nashville, TN 37209-1052 Nashville, TN 37243-0493 Kim R. Helper Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Judge:OGLE First Paragraph: On November 19, 1997, the petitioner, Mathis Martin, filed pro se a "Petition to Set Aside Guilty Plea, And/Or Alternative Writ of Habeas Corpus" in the Davidson County Criminal Court. On December 3, 1997, the trial court summarily dismissed the petition, finding no cognizable grounds for relief. On appeal, the petitioner challenges the trial court's dismissal of his petition without the appointment of counsel or an evidentiary hearing. Following a thorough review of the petition and the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/martin_doc.WP6
STATE OF TENNESSEE VS. WILLIAM JASON McMAHAN Court:TCCA Attorneys: For the Appellant: For the Appellee: J. Jeffrey Whitt John Knox Walkup 706 Walnut Street Attorney General of Tennessee Suite 902 and Knoxville, TN 37902 Ellen H. Pollack Assistant Attorney General of Tennessee 425 Fifth Avenue North Nashville, TN 37243-0493 Randall E. Nichols District Attorney General and Fred Bright Assistant District Attorney General City-County Building Knoxville, TN 37902 Judge:TIPTON First Paragraph: The defendant, William Jason McMahan, appeals as of right following his 1997 jury convictions in the Knox County Criminal Court for aggravated robbery, a Class B felony, criminally negligent homicide, a Class E felony, and theft of more than one thousand dollars but less than ten thousand dollars, a Class D felony. He received consecutive sentences of twelve years, two years and four years, respectively, to be served in the Department of Correction as a Range I, standard offender. http://www.tba.org/tba_files/TCCA/mcmahanw_opn.WP6
CHARLES EDWARD MEEKS VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: DOUGLAS TRANT JOHN KNOX WALKUP Riverview Tower, Suite 1502 Attorney General & Reporter 900 S. Gay Street Knoxville, TN 37902 KIM R. HELPER Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 J. MICHAEL TAYLOR District Attorney General Third & Market Streets Dayton, TN 37321 THOMAS D. HEMBREE Asst. District Attorney Lawyers Building Jasper, TN 37347 Judge:WITT First Paragraph: The petitioner, Charles Edward Meeks, appeals the Grundy County Circuit Court's dismissal of his petition for post-conviction relief. He alleges the ineffective assistance of trial counsel in two respects. First, he alleges that trial counsel was ineffective in failing to prepare and present evidence at trial of the defendant's lack of capacity for intent to commit murder and in failing to seek a jury instruction regarding such "diminished capacity." Second, he asserts trial counsel was ineffective because he declined to make an opening statement to the jury. After hearing oral argument and reviewing the record and the applicable law, we affirm the judgment of the lower court. http://www.tba.org/tba_files/TCCA/meeksce_opn.WP6
STATE OF TENNESSEE VS. RUDOLPH MUNN WITH CONCURRING OPINION Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: J. STANLEY ROGERS JOHN KNOX WALKUP Attorney at Law Attorney General & Reporter CHRISTINA HENLEY DUNCAN JOHN P. CAULEY Attorney at Law Assistant Attorney General Rogers Richardson & Duncan 2nd Floor, Cordell Hull Building 100 North Spring Street 425 Fifth Avenue North Manchester, TN 37355 Nashville, TN 37243 JOHN G. MITCHELL, JR. WILLIAM C. WHITESELL, JR. Attorney at Law District Attorney General P.O. Box 1336 Murfreesboro, TN 37130 J. PAUL NEWMAN Assistant District Attorney General Judicial Building Suite 303 20 N. Public Square Murfreesboro, TN 37130 Judge:WOODALL First Paragraph: The Defendant, Rudolph (Rudy) Munn, appeals as of right his conviction of premeditated first degree murder in the Circuit Court of Rutherford County. The jury sentenced Defendant to life without the possibility of parole. http://www.tba.org/tba_files/TCCA/munnr_opn.WP6 CONCURRING OPINION: http://www.tba.org/tba_files/TCCA/munnrc_con.WP6
STATE OF TENNESSEE VS. CARLA MARIE PARRISH Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: KARL DEAN JOHN KNOX WALKUP District Public Defender Attorney General & Reporter JEFFREY A. DeVASHER DARYL J. BRAND Asst. Public Defender Asst. Attorney General (On Appeal) Cordell Hull Bldg., 2nd Fl. 425 Fifth Ave., North RICHARD TENNENT Nashville, TN 37243-0493 Asst. Public Defender 1202 Stahlman Bldg. VICTOR S. JOHNSON, III 211 Union St. District Attorney General Nashville, TN 37201 (At Hearing) SHARON BROX Asst. District Attorney General Washington Square, Suite 500 222 Second Ave., North Nashville, TN 37201-1649 Judge:PEAY First Paragraph: On September 29, 1997, the defendant pled guilty, pursuant to a plea agreement, to two counts of simple robbery. At the subsequent sentencing hearing, the trial court applied five statutory enhancement factors but found no applicable mitigating factors. The trial court then sentenced the defendant as a Range II multiple offender to a term of ten years on each count to run concurrently. http://www.tba.org/tba_files/TCCA/parrish_opn.WP6
ZACHARY ROBINSON alias CRUSADER VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: Zachary Robinson, pro se John Knox Walkup Reg. No. 12404-074 Attorney General & Reporter Qtr. Cla 1-B 425 Fifth Avenue North P. O. Box 4000 Nashville, TN 37243-0493 Manchester, KY 40962-4000 Ellen H. Pollack Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 Randall E. Nichols District Attorney General 400 Main Street Knoxville, TN 37901-1468 Judge:LAFFERTY First Paragraph: The petitioner, Zachary C. Robinson, alias Crusader, appeals as of right from the trial court's dismissal of his petition for writ of habeas corpus. After a review of the record, briefs of the parties, and appropriate law, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/robinsnz_opn.WP6
RICKY J. SUMMERS VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: RICKY SUMMERS JOHN KNOX WALKUP Pro Se Attorney General and Reporter MCRCF Wartburg, TN 37887 CLINTON J. MORGAN Assistant Attorney General 425 Fifth Avenue North Nashville, TN 37243 J. MICHAEL TAYLOR District Attorney General STEVEN M. BLOUNT Assistant District Attorney General 324 Dinah Shore Boulevard Winchester, TN 37398 Judge:WELLES First Paragraph: The Defendant, Ricky J. Summers, appeals the trial court's order dismissing his petition for post-conviction relief. On August 23, 1985, the Circuit Court for Franklin County found Defendant guilty of first degree premeditated murder following a jury trial. This Court affirmed his conviction, State v. Ricky Summers, No. 85-328-III, 1987 WL 16398 (Tenn. Crim. App., Nashville, Sept. 4, 1987), and the Tennessee Supreme Court denied permission to appeal. Defendant filed a timely petition for post-conviction relief on August 28, 1990, which was not heard by the trial court until March 26, 1997. The trial court denied relief, a decision that Defendant now appeals. http://www.tba.org/tba_files/TCCA/summerrj_opn.WP6
STATE OF TENNESSEE VS. SEAN ASHLEY TAYLOR Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: KARL DEAN JOHN KNOX WALKUP District Public Defender Attorney General & Reporter HOLLIS I. MOORE, JR. DARYL J. BRAND Asst. Public Defender Asst. Attorney General 1202 Stahlman Bldg. Cordell Hull Bldg., 2nd Fl. Nashville, TN 37201 425 Fifth Ave., North Nashville, TN 37243-0493 VICTOR S. JOHNSON, III District Attorney General EDWARD S. RYAN Asst. District Attorney General 222 Second Ave., South Nashville, TN 37201 Judge:PEAY First Paragraph: The Davidson County grand jury indicted the defendant on one count of driving under the influence, first offense. Following a trial, a jury convicted him of the charged offense. Immediately following the verdict, the trial judge sentenced him to eleven months, twenty-nine days with all but two days suspended and two hundred hours of public service work. The trial judge also revoked the defendant's driving privileges, required that he attend an alcohol treatment program, and assessed a fine of three hundred fifty dollars ($350). The defendant now appeals and argues that the evidence was insufficient to support his conviction and that his sentence is improper. After a review of the record and applicable law, we find no merit to the defendant's arguments and, therefore, affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/taylorsa_opn.WP6
STATE OF TENNESSEE VS. STANLEY E. TERRY JUDGMENT Court:TCCA Judge:HAYES First Paragraph: Came the appellant, Stanley E. Terry, by counsel, and also came the Attorney General on behalf of the State, and this case was heard on the record on appeal from the Criminal Court of Hickman County; and upon consideration thereof, this Court is of the opinion that there is no reversible error in the judgment of the trial court. http://www.tba.org/tba_files/TCCA/terryst_jud.WP6
HECK VAN TRAN VS. STATE OF TENNESSEE Court:TCCA Attorneys: FOR THE APPELLANT: BROCK MEHLER 751 Roycroft Place Nashville, TN 37203 WILLIAM D. MASSEY 3074 East Street Memphis, TN 38128 FOR THE APPELLEE: JOHN KNOX WALKUP Attorney General and Reporter MICHAEL E. MOORE Solicitor General JENNIFER L. SMITH (On Appeal) GLENN R. PRUDE (At Hearing) Assistant Attorneys General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM L. GIBBONS District Attorney General JOHN W. CAMPBELL Assistant District Attorney General Criminal Justice Complex Suite 301 201 Poplar Avenue Memphis, TN 38103-1947 Judge:RILEY First Paragraph: Petitioner, Heck Van Tran, appeals from the dismissal of his petition for post-conviction relief by the Criminal Court of Shelby County. He was previously convicted on three counts of felony murder and sentenced to death on each count. Although all three convictions were affirmed on direct appeal, only one death sentence was affirmed. http://www.tba.org/tba_files/TCCA/vantranh_opn.WP6
STATE OF TENNESSEE VS. FLOYD LEE WILLIAMSON Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ANDREW S. JOHNSTON JOHN KNOX WALKUP 108 E. Court Square Attorney General & Reporter Somerville, TN 38068 ELIZABETH T. RYAN Assistant Attorney General Criminal Justice Division 425 Fifth Avenue North Nashville, TN 37243-0493 ELIZABETH T. RICE District Attorney General 302 Market Street Somerville, TN 38068 Judge:WILLIAMS First Paragraph: The defendant, Floyd Lee Williamson, appeals on a certified question of law. The defendant moved to suppress evidence found in a vehicle that he was operating. After the Circuit Court of Fayette County denied the motion, the defendant pleaded guilty to possession of a schedule VI substance with intent to deliver, possession of a schedule II controlled substance with intent to deliver, possession of a firearm with intent to go armed, and evading arrest. The defendant appeals the trial court's ruling and argues that the initial stop of the vehicle was not a legitimate investigatory stop. We AFFIRM the trial court's decision. http://www.tba.org/tba_files/TCCA/wllmsnfl_wpd.WP6
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