June 12, 2000
Volume 6 -- Number 089

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.

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 Opinion(s) from the Tennessee Attorney General (PDF format)
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 v. AAA AARON'S ACTION AGENCY BAIL BONDS, INC.

Court:TCCA

Attorneys:

Thomas L. Whiteside, Nashville, Tennessee, for the appellant, AAA
Aaron's Action Agency Bail Bonds, Inc.

Paul G. Summers, Attorney General and Reporter; Marvin E. Clements,
Jr., Assistant Attorney General; Victor S. Johnson III, District
Attorney General; and Pamela S. Anderson, Assistant District Attorney
General, for the appellee, State of Tennessee.                            

Judge: RILEY

First Paragraph:

The appellant bail bond company appeals the en banc order of the
Criminal Courts of Davidson County which refused to reinstate its
authority to write bail bonds.  We conclude the appellant was not
given proper notice of grounds relied upon for the refusal to
reinstate its authority to write  bonds, and the Criminal Courts of
Davidson County erroneously refused to reinstate appellant's authority
to write bail bonds based upon its alleged failure to notify a
defendant of an arraignment date.  Accordingly, the judgment refusing
to reinstate appellant's ability to write bail bonds is reversed.

http://www.tba.org/tba_files/TCCA/aaaarons.wpd


STATE OF TENNESSEE v. LAMONT LEE HARPER Court:TCCA Attorneys: John Pellegrin (at trial), Gallatin, Tennessee; and David A. Doyle (on appeal), District Public Defender, for the appellant, Lamont Harper. Paul G. Summers, Attorney General and Reporter; Todd R. Kelley, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and Sallie Wade Brown, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant was convicted by a Sumner County jury of aggravated assault and attempted first degree murder. The defendant alleges on appeal that: 1) the evidence was insufficient to establish guilt of aggravated assault; 2) the trial court erred in allowing victim Kevin Wynn to testify that he had previously seen the defendant with a gun; and 3) the trial court erred by failing to declare a mistrial after testimony that the drug task force kicked in the defendant's door on a prior occasion, and after testimony that the defendant had previously been arrested. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/Harper.wpd
STATE OF TENNESSEE v. EDWARD L. KELLY Court:TCCA Attorneys: Richard D. Piliponis, Mt. Juliet, Tennessee, for the appellant, Edward L. Kelly. Paul G. Summers, Attorney General & Reporter, Jennifer L. Bledsoe, Assistant Attorney General, and Ed Ryan and Colin Carnahan, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The evidence was sufficient to establish the guilt of the defendant, Edward L. Kelly, of driving under the influence of an intoxicant. Because there was proof that his blood alcohol content was over .20% and that he was in physical control of his vehicle on a public street, the conviction is affirmed. A 15-day jail sentence is not excessive in light of the defendant's prior DUI offense, even though it occurred l5 years prior to the current offense. http://www.tba.org/tba_files/TCCA/Kelly.wpd
STATE OF TENNESSEE v. MACK SAMUEL STOKES Court:TCCA Attorneys: Hershell D. Koger, Pulaski, Tennessee, for the appellant, Mack Samuel Stokes. Paul G. Summers, Attorney General and Reporter; Todd R. Kelley, Assistant Attorney General; T. Michael Bottoms, District Attorney General; and Richard H. Dunavant, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant, Mack Samuel Stokes, was convicted by a Giles County jury of theft of property over $500 and possession of a motor vehicle without a vehicle identification number. He received concurrent sentences of two years and thirty days, respectively. In this direct appeal, the defendant makes the following allegations: (1) the evidence was insufficient to sustain his convictions; and (2) the trial court erred by sustaining the District Attorney's objection to defense counsel's closing argument and by admonishing defense counsel in the presence of the jury. Upon a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/StokesMS.wpd
STATE OF TENNESSEE v. CALVIN OTIS TANKESLY Court:TCCA Attorneys: Calvin Otis Tankesly, Pikeville, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Clinton J. Morgan, Assistant Attorney General; and Lawrence Ray Whitley, District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: Petitioner appeals the denial of his petition for habeas corpus relief alleging his conviction is void. He entered a best interest plea of guilty to attempted aggravated sexual battery, a Class C felony. Pursuant to a negotiated agreement, the petitioner was sentenced to five years as a Range I standard offender. He now claims this sentence is illegal and void. The trial court found the judgment was not void and dismissed the petition. Upon a review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/tankelsyCO.wpd

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