Opinion FlashFebruary 21, 2002
Volume 8 Number 033
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.
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Howard H. Vogel
STATE OF TENNESSEE v. KATHRYN LEE ADLER Court:TCCA Attorneys: Anthony Helm, Bartlett, Tennessee (at trial and on appeal), and Mike Roberts, Memphis, Tennessee (at trial), for the appellant, Kathryn Lee Adler. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Colin A. Campbell, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The Fayette County Grand Jury returned an indictment against the defendant alleging one count of aggravated child neglect and a second count of aggravated child abuse. A jury convicted the defendant of the indicted charge of aggravated child neglect and the lesser-included offense of felony child abuse. The trial court sentenced the defendant to concurrent sentences of twenty years and two years, respectively. In this appeal, the defendant alleges (1) the evidence is insufficient to support the conviction for aggravated child neglect; (2) the applicable child abuse/neglect statutes are unconstitutionally vague and overbroad; (3) the trial court erred by refusing to charge reckless endangerment as a lesser-included offense of aggravated child neglect; and (4) the defendant's sentence is excessive. After a thorough review of the record, we find no reversible error and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/adlerkl.wpd
STATE OF TENNESSEE v. OTIS CAMPBELL Court:TCCA Attorneys: C. Michael Robbins, Memphis, Tennessee (on appeal); George Morton Googe, District Public Defender; and Vanessa D. King, Assistant District Public Defender, Jackson, Tennessee (at trial and on appeal), for the appellant, Otis Campbell. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; James G. Woodall, District Attorney General; and Shaun A. Brown, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant, Otis Campbell, was convicted of two misdemeanor counts of a three-count indictment and sentenced to eleven months and twenty-nine days for possession of cocaine and possession of marijuana. The trial court ordered that the sentences be served consecutively to each other as well as to two other sentences for which he had earlier been placed into the community corrections program. He timely appealed, presenting as his sole argument the claim that the trial court erred in ordering that all of the sentences be served consecutively. We affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/campbello.wpd
STATE OF TENNESSEE v. PAUL PAYNE, JR. Court:TCCA Attorneys: Michael W. Whitaker, Covington, Tennessee, for the appellant, Paul Payne, Jr. Paul G. Summers, Attorney General & Reporter; Mark E. Davidson, Assistant Attorney General; and Kim Linville, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The defendant, Paul Payne, Jr., was convicted in a bench trial of driving under the influence of an intoxicant. The trial court imposed a sentence of 11 months and 29 days and suspended all but 48 hours. The defendant was fined $350.00. In this appeal of right, the defendant complains that the stop of his vehicle was unlawful, that the evidence at trial was insufficient, and that there was no reasonable basis for the administration of the blood alcohol test. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/paynep.wpd
ERIC WALLACE v. STATE OF TENNESSEE Court:TCCA Attorneys: C. Anne Tipton, Memphis, Tennessee, for the appellant, Eric Wallace. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; and Camille McMullen, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WADE First Paragraph: The petitioner, Eric Wallace, appeals the trial court's denial of his petition for post-conviction relief. The issues presented for review are (1) whether the petitioner received effective assistance of counsel; (2) whether the petitioner was denied the right to a speedy trial; and (3) whether the state used improper impeachment evidence. Because the evidence does not preponderate against the findings of the trial court, the order denying post-conviction relief is affirmed. http://www.tba.org/tba_files/TCCA/wallacee.wpd
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