Opinion Flash

January 3, 2002
Volume 8 — Number 002

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
23 New Opinion(s) from the Tennessee Court of Criminal Appeals
03 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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Do a key word search in the Search Link area of TBALink. This option will allow you to view and save a plain-text version of the opinion.

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Click the URL at end of each Opinion paragraph below. This option will allow you to download the original document.

Howard H. Vogel
Knoxville, Tennessee
Editor-in-Chief, TBALink


STATE OF TENNESSEE v. RAYFIELD BRICE

Court:TCCA

Attorneys:

Robert B. Gaia, Memphis, Tennessee, for the appellant, Rayfield Brice.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Glen C. Baity, Assistant District Attorney General, for
the appellee, State of Tennessee.                           

Judge: RILEY

First Paragraph:

A jury convicted the defendant of aggravated robbery, and the trial
judge sentenced him to 12 years incarceration as a Range I standard
offender.  In this appeal, the defendant contends: (1) the evidence
was insufficient to sustain his conviction; (2) his custodial
statement should have been suppressed; (3) a juror failed to respond
to a voir dire question concerning prior involvement in the legal
system, thereby depriving the defendant of a fair and impartial jury;
(4) the trial court erroneously disallowed admission of a crime scene
report; and (5) his sentence was excessive.  After a thorough review
of the record, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. ANGELA BRIGHT

Court:TCCA

Attorneys:

Shawn G. Graham, Maryville, Tennessee, for the Appellant, Angela
Bright.

Paul G. Summers, Attorney General & Reporter; Peter M. Coughlin,
Assistant Attorney General; Michael L. Flynn, District Attorney
General; and William Reed, Assistant District Attorney General, for
the Appellee, State of Tennessee.                        

Judge: WITT

First Paragraph:

Angela Bright brings this appeal of the Blount County Criminal Court's
revocation of her probationary sentence and order placing her
Department of Correction sentence into effect.  Because the lower
court did not abuse its discretion, we affirm.

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

STATE OF TENNESSEE v. ANTHONY D. BYNUM

Court:TCCA

Attorneys:

Joseph P. Atnip, District Public Defender (at trial and on appeal);
Kevin McAlpin, Assistant District Public Defender (at trial and on
appeal); and Clifford K. McGown, Jr., Waverly, Tennessee (on appeal),
for the appellant, Anthony D. Bynum.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
Jr., Assistant Attorney General; and Thomas A. Thomas, District
Attorney General, for the appellee, State of Tennessee.

Judge: WADE

First Paragraph:

The defendant, Anthony D. Bynum, was convicted of possession of
anhydrous ammonia, a Class E felony.  The trial court sentenced the
defendant to three years, one year to be served in the Weakley County
Jail and the balance to be served on probation.  The defendant was
fined $1,000.00.  In this appeal of right, the defendant asserts that
the evidence was insufficient to support his conviction and that his
sentence was excessive. The judgment of the trial court is affirmed.

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

STATE OF TENNESSEE v. ROGER R. CARTER

Court:TCCA

Attorneys:

A. C. Wharton, Jr., Public Defender; and Michael J. Johnson (at
trial), Gregory T. Carman (at trial), and Garland Erguden (on appeal),
Assistant Public Defenders, for the appellant, Roger R. Carter.

Paul G. Summers, Attorney General and Reporter; J. Ross Dyer,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and James M. Lammey, Jr. and David N. Pritchard, Assistant
District Attorneys General, for the appellee, State of Tennessee.                     

Judge: RILEY

First Paragraph:

The defendant was convicted of the premeditated first degree murder of
his wife and sentenced to life imprisonment without the possibility of
parole.  In this appeal the defendant contends the evidence was
insufficient to sustain his conviction.  After a thorough review of
the record, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. DONAVAN EDWARD DANIEL

Court:TCCA

Attorneys:

C. Michael Robbins (on appeal), Memphis, Tennessee; Joseph P. Atnip,
District Public Defender; and Colin Johnson, Assistant Public Defender
(at trial and on appeal), for the appellant, Donavan Edward Daniel.

Paul G. Summers, Attorney General & Reporter; Kim R. Helper, Assistant
Attorney General; Thomas A. Thomas, District Attorney General; James
T. Cannon and Allen J. Strawbridge, Jr., Assistant District Attorneys
General, for the appellee, State of Tennessee.                     

Judge: WILLIAMS

First Paragraph:

After a jury trial, the defendant, a juvenile at the time of the
offenses, was convicted of six counts arising out of the shooting
deaths of two victims. The jury sentenced him to life in prison for
Count One, first degree premeditated murder of the first victim, and
for Count Two, first degree felony murder of the first victim based
upon robbery of the first victim.  The jury sentenced him to life in
prison without the possibility of parole for Count Three, first degree
felony murder of the second victim based upon premeditated murder of
the first victim, and for Count Four, first degree felony murder of
the second victim based upon robbery of the first victim.  The trial
court merged the conviction for Count Two into Count One, and the
conviction for Count Four into Count Three.  The trial court sentenced
the defendant to twenty (20) years for Count Five, especially
aggravated robbery, one (1) year for Count Six, possession of
marijuana with intent to resell, and ordered the sentences to be
served concurrently.  On appeal, the defendant challenges the trial
court's denial of his motion to suppress and his request for a
state-funded mitigation expert, as well as the sufficiency of the
evidence to support his convictions for first-degree murder.  After
careful review of the record, we hold that the trial court did not err
in failing to suppress the defendant's statements.  Further, we hold
that although the defendant's status as a non-capital defendant did
not preclude him from receiving state-funded expert services, our de
novo review of the record reveals that the defendant failed to make
the required showing of a particularized need for a mitigation expert.
 Therefore, the trial court's denial of the defendant's request for
such services was correct.  Finally, we hold the evidence is
sufficient to sustain the defendant's convictions for premeditated and
felony murder in the first degree. Accordingly, we affirm the
judgments of the trial court.

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

STATE OF TENNESSEE v. RONALD DOTSON

Court:TCCA

Attorneys:

AC Wharton, Jr., Public Defender, and W. Mark Ward, Assistant Public
Defender, Memphis, Tennessee (on appeal); and Lawrence White, Memphis,
Tennessee (at trial), for the Appellant, Ronald Dotson.

Paul G. Summers, Attorney General and Reporter; Laura McMullen Ford,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Amy Weirich, Assistant District Attorney General, for the
Appellee, State of Tennessee.                        

Judge: WEDEMEYER

First Paragraph:

A Shelby County jury convicted the Defendant of aggravated robbery,
and the trial court sentenced him as a repeat violent offender to life
imprisonment.  In this appeal as of right, the Defendant argues (1)
that insufficient evidence of his identity as the perpetrator was
presented at trial and (2) that there was a material variance between
the indictment and the proof at trial.  Having reviewed the record, we
conclude (1) that sufficient evidence was presented to support the
Defendant's conviction and (2) that a variance between the indictment
and the proof at trial existed, but that the variance did not affect
the substantial rights of the Defendant and thus was not fatal.  We
therefore affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. DARRIN FLEMING

Court:TCCA

Attorneys:

Kevin E. Reed, Memphis, Tennessee, for the appellant, Darrin Fleming.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; and James Lammey, Assistant District
Attorney General, for the appellee, the State of Tennessee.                         

Judge: WADE

First Paragraph:

The defendant, Darrin Fleming, was convicted of aggravated burglary,
assault, and criminal responsibility for facilitation of robbery.  The
trial court imposed an effective sentence of six years.  In this
appeal of right, the defendant contends that the evidence was
insufficient to support his convictions for aggravated burglary and
assault and that the trial court erred by refusing to give a special
instruction on criminal responsibility.  The judgments of the trial
court are affirmed.

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

STATE OF TENNESSEE v. DALE GODWIN

Court:TCCA

Attorneys:

Victor L. Ivy and Danny R. Ellis (on appeal), Jackson, Tennessee; and
Kevin McAlpin, Assistant District Public Defender (at trial), Dresden,
Tennessee, for the Appellant, Dale Godwin.

Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; Thomas A. Thomas, District Attorney
General; James T. Cannon, Assistant District Attorney General; and
James David Kendall, Assistant District Attorney General, for the
Appellee, State of Tennessee.                         

Judge: WEDEMEYER

First Paragraph:

In 1995, the Defendant pled guilty to four felony drug charges for
which he received three concurrent eight-year sentences and one
concurrent five-year sentence, to be served on Community Corrections. 
Subsequently, the trial court revoked the Defendant's Community
Corrections sentences and ordered him to serve twelve years in the
Tennessee Department of Correction.  The Defendant now appeals,
alleging that the trial court lacked jurisdiction to re-sentence the
Defendant and that the twelve year sentence was improperly imposed. 
Finding no error, we affirm the judgment of the trial court.

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

CARLOS HAYWOOD v. STATE OF TENNESSEE 

Court:TCCA

Attorneys:

Marty B. McAfee, Memphis, Tennessee, for the Appellant, Carlos
Haywood.

Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Kim R. Helper, Assistant Attorney General; William
L.Gibbons, District Attorney General; and Elaine Sanders, Assistant
District Attorney General, for the Appellee, State of Tennessee.                        

Judge: HAYES

First Paragraph:

The Appellant, Carlos Haywood, appeals from the dismissal of his
petition for post-conviction relief.  Haywood was convicted by a
Shelby County Criminal Court Jury of felony murder and attempted
especially aggravated robbery, and was sentenced to life imprisonment
plus ten years.  On appeal, Haywood argues that he received
ineffective assistance of counsel.  After review, we affirm the
judgment of the post-conviction court dismissing the petition.

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

STATE OF TENNESSEE v. JOHN ARRON HEARD, alias JOHN ROGER HEARD

Court:TCCA

Attorneys:  

Ardena J. Garth, District Public Defender, and Donna Robinson Miller,
Assistant District Public Defender, Chattanooga, Tennessee, for the
appellant, John Arron Heard.

Paul G. Summers, Attorney General and Reporter; Christine M. Lapps,
Assistant Attorney General; William H. Cox, III, District Attorney
General; and Dean Ferraro, Assistant District Attorney General, for
the appellee, State of Tennessee.                        

Judge: GLENN

First Paragraph:

The defendant, John Arron Heard, appeals from the judgment of the
Hamilton County Criminal Court revoking his community corrections
sentence.  The sole issue on appeal is whether the trial court abused
its discretion in ordering the defendant to serve the remainder of his
sentence in the penitentiary.  After careful review, we affirm the
trial court's judgment.

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

STATE OF TENNESSEE v. NED JACKSON

Court:TCCA

Attorneys:

W. Mark Ward, Assistant Public Defender (on appeal), Memphis,
Tennessee; and Donna J. Armstard, Assistant Public Defender (at
trial), Memphis, Tennessee, for the Appellant, Ned Jackson.

Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Rosemary Andrews, Assistant District Attorney General,
for the Appellee, State of Tennessee.                         

Judge: WEDEMEYER

First Paragraph:

The Defendant, Ned Jackson, was convicted by a jury of aggravated
robbery, and the trial court sentenced him to ten years in the
Tennessee Department of Correction.  The Defendant now appeals,
arguing the following: (1) that insufficient evidence of the
Defendant's identity as the culprit was presented to convict the
Defendant of aggravated robbery and (2) that the trial court erred in
refusing to instruct the jury on the lesser-included offenses of theft
and aggravated assault.  Finding no error, we affirm the judgment of
the trial court.

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

MCGEE OGLE DISSENTING

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

STATE OF TENNESSEE v. MARIO A. JOHNSON

Court:TCCA

Attorneys:

A.C. Wharton, District Public Defender (of counsel); Garland Ergueden,
Assistant Public Defender (on appeal); and William L. Johnson,
Assistant Public Defender (at trial), for the appellant, Mario A.
Johnson.

Paul G. Summers, Attorney General & Reporter; John H. Bledsoe,
Assistant Attorney General; and P.T. Hoover, Assistant District
Attorney General, for the appellee, State of Tennessee.                       

Judge: WADE

First Paragraph:

The defendant, Mario A. Johnson, was convicted of facilitation to
commit first degree murder and especially aggravated robbery.  The
trial court imposed a Range I sentence of 20 years for facilitation of
first degree murder and a concurrent sentence of 23 years for
especially aggravated robbery.  In this appeal of right, the defendant
challenges the sufficiency of the evidence.  The judgments are
affirmed.

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

STATE OF TENNESSEE v. TONY D. JOHNSON

Court:TCCA

Attorneys: Patricia A. Woods, Memphis, Tennessee, for the appellant,
Tony D. Johnson.

Paul G. Summers, Attorney General and Reporter; Mark E. Davidson,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and John Tibbetts, Assistant District Attorney General, for
the appellee, State of Tennessee.                         

Judge: WELLES

First Paragraph:

The Defendant, Tony D. Johnson, was convicted by a Shelby County jury
of felony possession of cocaine with intent to sell.  After a
sentencing hearing, the Defendant was sentenced to ten years as a
Range I standard offender.  In this appeal as of right, the Defendant
contends that (1) the evidence presented at trial is insufficient to
support the jury's verdict of guilty beyond a reasonable doubt and (2)
the trial court erred in imposing a ten year sentence.  We affirm the
judgment of the trial court.

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

STATE OF TENNESSEE v. BERNARD KEYS

Court:TCCA

Attorneys:

A.C. Wharton, Jr., Public Defender; and Josh Spickler (at trial and on
appeal) and Gregory T. Carman (at trial only), Assistant Public
Defenders, for the appellant, Bernard Keys.

Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Stephen P. Jones, Assistant District Attorney General,
for the appellee, State of Tennessee.                          

Judge: RILEY

First Paragraph:

The Shelby County Grand Jury returned two indictments against the
defendant, one for aggravated burglary and one for misdemeanor evading
arrest.  The trial court consolidated the indictments prior to trial
pursuant to Tenn. R. Crim. P. 8(b).  The defendant was found guilty of
both charges by a Shelby County jury.  In this appeal, the defendant
contends (1) the evidence is insufficient to sustain his convictions;
and (2) the trial court improperly consolidated the indictments. 
After a thorough review of the record, we affirm the judgments of the
trial court.

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

STATE OF TENNESSEE v. JOSEPH MATTHEW MAKA

Court:TCCA

Attorneys:

George Morton Googe, District Public Defender (at trial and on
appeal); and Nina Wong Seiler, Assistant District Public Defender (on
appeal), for the appellant, Joseph Matthew Maka.

Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; James G. (Jerry) Woodall, District
Attorney General; and James W. Thompson, Assistant District Attorney
General, for the appellee, State of Tennessee.                          

Judge: RILEY

First Paragraph:

Indicted for the offense of premeditated first degree murder,
defendant was convicted of the lesser- included offense of second
degree murder and sentenced to twenty-three years.  In this appeal as
of right, defendant presents the following issues:  (1) whether the
evidence was sufficient to support the verdict; (2) whether the trial
court erred in failing to grant a mistrial when the state referred to
defendant's being in jail pending trial; (3) whether the trial court
erred in admitting defendant's prior misdemeanor convictions for
impeachment purposes; (4) whether the trial court erred in failing to
grant a mistrial when the prosecutor misstated the evidence in final
argument; (5) whether the trial court erred in failing to grant a
mistrial when extraneous prejudicial information was present during
jury deliberations; and (6) whether the sentence was excessive.  We
find no error and affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. DANNY MUNSON

Court:TCCA

Attorneys:

Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, Assistant
Attorney General; and James Powell, Assistant District Attorney
General, for the appellant, State of Tennessee.

Jeffrey Jones, Memphis, Tennessee, for the appellee, Danny Munson.                        

Judge: WADE

First Paragraph:

This is an interlocutory appeal by the state from an order by the
trial court excluding a .20 breathalyzer result from consideration in
the imposition of an enhanced sentence for a DUI offense.  The order
is vacated and the cause is remanded for trial.

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

RILEY CONCURRING

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

STATE OF TENNESSEE v. JOE SCOTT

Court:TCCA

Attorneys:

A.C. Wharton, Jr., Public Defender (of counsel); W. Mark Ward,
Assistant Public Defender (on appeal); and Michael Johnson, Assistant
Public Defender (at trial), for the appellant, Joe Scott.

Paul G. Summers, Attorney General & Reporter; P. Robin Dixon,
Assistant Attorney General; and Jennifer Nichols, Assistant District
Attorney General, for the appellee, State of Tennessee.                        

Judge: WADE

First Paragraph:

The defendant, Joe Scott, was convicted of aggravated robbery.  The
trial court imposed a Range II sentence of 19 years.  In this appeal
of right, the defendant challenges the sufficiency of the evidence. 
The judgment is affirmed.

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

STATE OF TENNESSEE v. CLIFTON SHELTON

Court:TCCA

Attorneys: 

Marvin E. Ballin, Memphis, Tennessee, for the appellant, Clifton
Shelton.

Paul G. Summers, Attorney General and Reporter; John H. Bledsoe,
Assistant Attorney General; and Glen Baity, Assistant District
Attorney General, for the appellee, the State of Tennessee.                         

Judge: WADE

First Paragraph:

The defendant, Clifton Shelton, pled guilty to simple possession of
marijuana, a Class A misdemeanor.  The trial court sentenced the
defendant to 11 months and 29 days, requiring him to spend four months
in a halfway house and the balance of his sentence on probation.  The
defendant argues that the trial court erred by failing to suspend his
entire sentence.  Because the trial court relied on the defendant's
prior grant of judicial diversion in denying full probation, the
judgment is modified and the cause is remanded to the trial court.

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

STATE OF TENNESSEE v. JONATHAN TRICE

Court:TCCA

Attorneys:

George Morton Googe and Stephen P. Spracher, Jackson, Tennessee, for
the appellant, Jonathan Trice.

Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan,
Assistant Attorney General; Jerry Woodall, District Attorney General;
and Jody S. Pickens, Assistant District Attorney General, for the
appellee, State of Tennessee.                      

Judge: MCGEE OGLE

First Paragraph:

The appellant, Jonathan Trice, pled guilty in the Chester County
Circuit Court to five counts of theft and was sentenced to a total of
four years incarceration in the Tennessee Department of Correction. 
The appellant's sentence was then suspended, and the appellant was
granted service in a community corrections program.  Due to the
appellant's failure to comply with the terms of community corrections,
the trial court revoked the appellant's suspended sentence and ordered
that the appellant serve his sentence in confinement as originally
ordered.  The appellant appeals this ruling.  Upon review of the
record and the parties' briefs, we affirm the judgment of the trial
court.

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

STATE OF TENNESSEE v. CHARLES DAVID VANDERFORD

Court:TCCA

Attorneys:

Chadwick G. Hunt, Savannah, Tennessee, and J. Daniel Freemon,
Lawrenceburg, Tennessee, for the appellant, Charles David Vanderford.

Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney,
Assistant Attorney General; Robert "Gus" Radford, District Attorney
General; and John W. Overton, Jr., Assistant District Attorney
General, for the appellee, State of Tennessee.                         

Judge: MCGEE OGLE

First Paragraph:

The appellant, Charles David Vanderford, appeals the order of the
Circuit Court of Hardin County revoking the community corrections
sentences that he received following his convictions by a jury of two
counts of possession of a controlled substance with intent to sell. 
The appellant challenges the trial court's reliance upon his
commission of crimes during the pendency of his appeal from his
convictions of felony drug possession and prior to the commencement of
his community corrections sentences.  Following a review of the record
and the parties' briefs, we affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. JAMES WHITELOW and ROBERT ROBERTSON

Court:TCCA

Attorneys:

Herman L. Reviere, Ripley, Tennessee (at trial), and Marcus M. Reaves,
Jackson, Tennessee (on appeal), for the appellant, James Whitelow.

J. Thomas Caldwell, Ripley, Tennessee, for the appellant, Robert
Robertson.

Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; and Tracey A. Brewer, Assistant District Attorney General,
for the appellee, State of Tennessee.                           

Judge: RILEY

First Paragraph:

Defendants James Whitelow and Robert Robertson appeal their
convictions for possession of cocaine in an amount over 26 grams with
intent to deliver.  Both argue the evidence was not sufficient to
support their convictions.  Whitelow also argues the forensic report
was erroneously admitted into evidence, and the jury's verdict was the
result of passion and prejudice caused by the prosecutor's statements
regarding Whitelow's alias nickname.  We affirm the judgment of the
trial court.

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

STATE OF TENNESSEE v. WALDO WIGGINS, JR.

Court:TCCA

Attorneys:

C. Michael Robbins, Memphis, Tennessee (on appeal) and Gary F.
Antrican, District Public Defender; and David S. Stockton, Assistant
Public Defender, (at trial) for the appellant, Waldo Wiggins, Jr.

Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; Elizabeth T. Rice, District Attorney
General; Walt Freeland, Assistant District Attorney General; and Kim
Linville, Assistant District Attorney General, for the appellee, State
of Tennessee.                         

Judge: WOODALL

First Paragraph:

Following transfer to circuit court for trial as an adult, the
juvenile defendant, Waldo Wiggins, Jr., was convicted of first degree
murder.  On appeal, Defendant challenges (1) whether the denial of
bail by the juvenile court and subsequent bond of $ 250,000 set by the
circuit court violated his right to due process of law, and (2)
whether the evidence was sufficient to support his conviction.  After
a review of the record, we affirm.

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

ERIC WRIGHT v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

Eric Wright, Only, Tennessee, Pro Se.

Paul G. Summers, Attorney General and Reporter; Kim R. Helper,
Assistant Attorney General; William L. Gibbons, District Attorney
General; and Stephen P. Jones, Assistant District Attorney General,
for the Appellee, State of Tennessee.                      

Judge: WEDEMEYER

First Paragraph:

The Petitioner filed a petition for post-conviction relief on December
11, 2000, in which he attacked convictions entered in September 1990
and upon which final appellate action was taken in 1992.  The
post-conviction court dismissed the petition without a hearing,
because it was filed outside the statute of limitations.  Concluding
that the post-conviction court erred by dismissing the petition
without an evidentiary hearing, we reverse and remand to the
post-conviction court for such a hearing.

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

TIPTON DISSENTING

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

Removal and Development of Designated Natural Areas Under Natural
Areas Preservation Act

Date: December 12, 2001

Opinion Number: 01-170                         

http://www.tba.org/tba_files/AG/OP170.pdf

Right of a Pipeline Corporation to Condemn an Easement for its
Pipelines for the Transportation and Distribution of Liquid Petroleum
Products

Date: December 21, 2001

Opinion Number: 01-171                         

http://www.tba.org/tba_files/AG/OP171.pdf

Legislature's Power to Create Commission to Set or Regulate State
Taxes

Date: December 18, 2001

Opinion Number: 01-172                         

http://www.tba.org/tba_files/AG/OP172.pdf

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