October 6, 1999
Volume 5 -- Number 138

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
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
00 New Opinion(s) from the Tennessee Court of Appeals
06 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

						
IN RE:  RULE 9
RULES OF THE SUPREME COURT OF TENNESSEE
DISCIPLINARY ENFORCEMENT

Court:TSC - Rules                       

Judge:  ANDERSON

First Paragraph:

After due consideration, Rule 9 of the Rules of the Supreme Court of
Tennessee, which sets out the Rules of Disciplinary Enforcement, is
hereby amended as follows:

http://www.tba.org/tba_files/TSC_Rules/Rule9order99.wpd



STATE OF TENNESSEE VS. JASON BURNS Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: ROBERT H. PLUMMER, JR. PAUL G. SUMMERS 415 Bridge St. Attorney General & Reporter P.O. Box 1361 Franklin, TN 37065-1361 ELIZABETH B. MARNEY Asst. Attorney General John Sevier Bldg. 425 Fifth Ave., North Nashville, TN 37243-0493 RON DAVIS District Attorney General DEREK SMITH Asst. District Attorney General P.O. Box 937 Franklin, TN 37065 Judge: PEAY First Paragraph: A jury found the defendant guilty of aggravated child abuse and neglect, and he received an eighteen year sentence in the Tennessee Department of Correction. He now appeals, raising the following issues: I. Whether the convicting evidence is sufficient; II. Whether the trial court erred in admitting testimony from a Department of Child Services investigator that the victim cried at the mention of the defendant's name; III. Whether the trial court erred in failing to suppress his statements to the police on the basis his mental incompetence prevented a knowing and voluntary waiver of his Miranda rights; and IV. Whether the trial court erred in not allowing educators to testify about the defendant's mental abilities unless the defendant first testified. Finding no merit to the defendant's arguments, we affirm his conviction. http://www.tba.org/tba_files/TCCA/Burnsj_opn.wpd
STATE OF TENNESSEE VS. MARK M. GESNER Court:TCCA Attorneys: FOR THE APPELLANT: FOR THE APPELLEE: JOHN H. HENDERSON PAUL G. SUMMERS District Public Defender Attorney General & Reporter 407 C Main St. P.O. Box 68 MARK E. DAVIDSON Franklin, TN 37065-0068 Asst. Attorney General Cordell Hull Bldg., 2nd Fl. 425 Fifth Ave., North Nashville, TN 37243-0493 RON DAVIS District Attorney General JEFFREY P. BURKS Asst. District Attorney General P.O. Box 937 Franklin, TN 37065-0937 Judge: PEAY First Paragraph: The defendant was found guilty by a jury of delivery of one-half ounce or more of marijuana. The trial court sentenced the defendant as a Range I standard offender to a term of two years in the Tennessee Department of Correction. This sentence was suspended and the defendant was to serve four years on supervised probation and a term of ninety days in the county jail. The defendant's subsequent motion for a new trial was denied by the trial court. The defendant now appeals and contends that the evidence was insufficient to support his conviction and that his sentence is excessive. After a review of the record and applicable law, we find no merit to the defendant's contentions and thus affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/GESNERMM_wpd.wpd
ARTHUR RAY LEPLEY VS. STATE OF TENNESSEE ORDER Court:TCCA Judge: WELLES First Paragraph: This matter is before the Court upon the state's motion requesting that the judgment in the above-styled cause be affirmed pursuant to Rule 20, Tennessee Court of Criminal Appeals Rules. Having reviewed the state's motion, the appellant's brief, and the record on appeal, we find that the motion is well taken. http://www.tba.org/tba_files/TCCA/LEPLEYAR_opn.wpd
RICHARD CARLTON TAYLOR VS. STATE OF TENNESSEE ORDER Court:TCCA Judge: PEAY First Paragraph: The petitioner was convicted of robbery and joyriding. The petitioner appeals the trial court's dismissal of his petition for post-conviction relief. Previous petitions have been filed and heard. http://www.tba.org/tba_files/TCCA/Taylorc_opn.wpd
STATE OF TENNESSEE VS. PATRICK THURMOND Court:TCCA Attorneys: FOR THE APPELLANT: JAMES ROBIN McKINNEY, JR. 214 Second Avenue North One Washington Square, Suite 103 Nashville, TN 37201-1647 (On Appeal) TERRANCE E. McNABB 430 Third Avenue North Suite 200 Nashville, TN 37201-1105 (At Trial) FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter ELIZABETH B. MARNEY Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 VICTOR S. JOHNSON III District Attorney General KYMBERLY H. HAAS Assistant District Attorney General 222 Second Avenue North Washington Square, Suite 500 Nashville, TN 37201-1649 Judge: RILEY First Paragraph: A Davidson County jury convicted defendant of aggravated burglary, a Class C felony; two counts of aggravated rape, Class A felonies; attempted aggravated rape, a Class B felony; and aggravated sexual battery, a Class B felony. The trial court sentenced defendant to sentences of three years for aggravated burglary, twenty years for each aggravated rape, ten years for attempted aggravated rape, and ten years for aggravated sexual battery. The trial court imposed consecutive sentencing for the two aggravated rapes and the attempted aggravated rape resulting in an effective fifty-year sentence. In this appeal as of right, defendant raises the following issues for our review: 1. whether the evidence was sufficient to support the verdicts; 2. whether the trial court correctly denied his motion in limine seeking to ensure the presence of other African- American males in the courtroom during in-court identifications; 3. whether the trial court erred in allowing the introduction of fiber evidence; 4. whether the trial court correctly allowed the jury to view the photo lineup; 5. whether the trial court correctly ruled that a detective's notes were not Jencks material; 6. whether defendant was denied a speedy trial; 7. whether the trial court erred by not giving the eyewitness identification jury charge; and 8. whether the trial court imposed an excessive sentence. After a complete review of the record, we find no reversible error and AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/THURMONP_wpd.wpd
STATE OF TENNESSEE VS. TOUSSIANT D. TURNER Court:TCCA Attorneys: FOR THE APPELLANT: L. THOMAS AUSTIN 116 E. Cherry P.O. Box 666 Dunlap, TN 37327-0666 FOR THE APPELLEE: PAUL G. SUMMERS Attorney General and Reporter KIM R. HELPER Assistant Attorney General Cordell Hull Building, 2nd Floor 425 Fifth Avenue North Nashville, TN 37243-0493 JAMES MICHAEL TAYLOR District Attorney General STEVEN H. STRAIN Assistant District Attorney General 265 Third Avenue, Suite 300 Dayton, TN 37321 Judge: RILEY First Paragraph: The appellant, Toussiant D. Turner, appeals the Marion County Circuit Court's order revoking his probation and requiring him to serve the balance of an eight-year sentence in the Department of Correction. On appeal, he claims that the trial court abused its discretion in revoking his probation. We find no merit to this assertion and AFFIRM the judgment of the trial court. http://www.tba.org/tba_files/TCCA/TURNERTD_wpd.wpd

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