September 23, 1999
Volume 5 -- Number 129

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.

This Issue (IN THIS ORDER):
 
00 New Opinion(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
00 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
05 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.
GLYNNON BRADSHAW
Court:TCCA

Attorneys:                          

FOR THE APPELLANT:
    
    FRANK LANNOM
    BRODY N. KANE
    102 East Main Street
    Lebanon, TN  37087
    

FOR THE APPELLEE:
    
    PAUL G. SUMMERS
    Attorney General and Reporter
    
    LUCIAN D. GEISE
    Assistant Attorney General
    Cordell Hull Building, 2nd Floor
    425 Fifth Avenue North
    Nashville, TN  37243-0493
    
    TOM P. THOMPSON, JR.
    District Attorney General
    
    ROBERT N. HIBBETT
    Assistant District Attorney General
    119 South College Street
    Lebanon, TN 37087-3609
    
Judge:RILEY

First Paragraph:

Defendant, Glynnon Bradshaw, entered a plea of guilty to statutory
rape in the Criminal Court of Wilson County.  The length and manner of
service of the sentence were left to the discretion of the trial
court.  After a sentencing hearing, the trial court sentenced the
defendant to two years as a Range I standard offender with the
requirement that he serve one year in split confinement followed by
supervised probation.

http://www.tba.org/tba_files/TCCA/BRADSHWG_wpd.WP6



STATE OF TENNESSEE VS. CLARENCE DAVIS Court:TCCA Attorneys: For the Appellant: For the Appellee: Jeffrey A. DeVasher Paul G. Summers Assistant Public Defender Attorney General and Reporter 1202 Stahlman Building Nashville, TN 37201 Georgia Blythe Felner Assistant Attorney General (ON APPEAL) Criminal Justice Division 425 Fifth Avenue North 2d Floor, Cordell Hull Building Ralph Newman Nashville, TN 37243-0493 Assistant Public Defender 1202 Stahlman Building Nashville, TN 37201 Victor S. Johnson III District Attorney General (AT TRIAL) Dan Hamm Asst. District Attorney General Karl Dean Washington Sq., Suite 500 District Public Defender 222-2nd Avenue, N. Nashville, TN 37201 Judge:HAYES First Paragraph: The appellant, Clarence Davis, was convicted of the premeditated first degree murder of Benjamin Kirk in the Davidson County Criminal Court and was sentenced to life imprisonment. In this appeal, the appellant challenges the sufficiency of the evidence supporting his first degree murder conviction, specifically he argues that the proof failed to establish beyond a reasonable doubt the requisite element of premeditation. http://www.tba.org/tba_files/TCCA/DAVISC_wpd.WP6
STATE OF TENNESSEE VS. MILES MATEYKO Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: N. ANDY MYRICK, JR. PAUL G. SUMMERS Attorney At Law Attorney General & Reporter 116 West Market Street Fayetteville, TN 37334 KIM R. HELPER Asst Attorney General 425 Fifth Avenue North Nashville, TN 37243-0493 W. MICHAEL MCCOWN District Attorney General 17th Judicial District P.O. Box 904 Fayetteville, TN 37334 WEAKLEY E. BARNARD Asst District Attorney General Lincoln County Courthouse Fayetteville, TN 37334 Judge:WITT First Paragraph: The defendant, Miles Mateyko, appeals his Lincoln County Circuit Court jury convictions of child abuse and neglect. See Tenn. Code Ann. S 39-15- 401 (a) (1997). A three-count indictment charged the defendant with the abuse and neglect of each his three children. Each child was under six years of age. The jury convicted the defendant in all three counts, and he was sentenced to serve six months in jail with the balance of the effective sentence of three years and four months to be served on probation. In this appeal, the defendant complains that evidence was obtained in violation of his constitutional right to be protected from unreasonable searches and seizures and that the evidence introduced at trial was insufficient to support the convictions. After review of the case, we reverse and vacate the convictions, impose convictions of attempted child neglect and remand the case to the trial court for sentencing. http://www.tba.org/tba_files/TCCA/Mateykom_opn.WP6
STATE OF TENNESSEE VS. EARL JUNIOR PIKE Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: KARL DEAN JOHN KNOX WALKUP District Public Defender Attorney General & Reporter JEFFREY A. DEVASHER (on appeal) MARVIN E. CLEMENTS, JR. J. MICHAEL ENGLE (at trial) Assistant Attorney General Assistant Public Defenders 425 Fifth Avenue North 1202 Stahlman Building Nashville, TN 37243 Nashville, TN 37201 VICTOR S. (TORRY) JOHNSON III District Attorney General DIANE SPROW LANCE Asst District Attorney General 222 Second Avenue North, Suite 500 Nashville, TN 37201-1649 Judge:WILLIAMS First Paragraph: The defendant, Earl Junior Pike, was tried by a jury and convicted of aggravated sexual battery and rape of a child. The trial court sentenced him to twelve years on the aggravated sexual battery (count one) and to twenty-five years for rape of child (count two), to be served consecutively. The defendant challenges both his convictions and sentences, presenting the following issues: (1) whether the trial court erred in overruling his motion to suppress certain incriminating statements; (2) whether the trial court erred in overruling his motion to dismiss due to pre-accusatorial delay; (3) whether the trial court erroneously instructed the jury on the definition of cunnilingus; (4) whether, as to count two, the evidence was sufficient for a reasonable trier of fact to find that the defendant committed the offense; (5) whether the sentences imposed by the trial court are excessive; and (6) whether the trial court erred in ordering consecutive service. Finding no error, we AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/PIKEERLJ_wpd.WP6
STATE OF TENNESSEE VS. JAMIE SHANNON PRATER Court:TCCA Attorneys: FOR THE APPELLANT: LIONEL R. BARRETT, JR. 207 Third Avenue, North - Third Floor P.O. Box 190599 Nashville, TN 37219-0599 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter LUCIAN D. GEISE Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 WILLIAM C. WHITESELL, JR. District Attorney General THOMAS F. JACKSON, JR. Assistant District Attorney General 303 Rutherford Co. Judicial Bldg. Murfreesboro, TN 37130 Judge:RILEY First Paragraph: Defendant, JAMIE SHANNON PRATER, pled guilty to possession of marijuana with intent to sell or deliver, a Class E felony, and possession of drug paraphernalia, a Class A misdemeanor. The trial court sentenced defendant to two years on the felony and six months on the misdemeanor, to be served concurrently. The sole issue in this appeal is whether the trial court erred in ordering defendant to serve 60 days in the county jail prior to release on probation for the balance of the two-year sentence. We AFFIRM the judgment of the trial court pursuant to Rule 20, Tennessee Court of Criminal Appeals. http://www.tba.org/tba_files/TCCA/PRATERJS_wpd.WP6

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