Opinion FlashApril 25, 2002
Volume 8 Number 071
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
IN RE: ORDER ESTABLISHING RULES 41 AND 42, RULES OF THE SUPREME COURT OF TENNESSEE: RULES OF ETHICS FOR SPOKEN FOREIGN LANGUAGE INTERPRETERS IN TENNESSEE COURTS; STANDARDS FOR COURT INTERPRETERS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/interpret41and42.wpd
LAYTHANIEL HANEY, SR. v. STATE OF TENNESSEE Court:TCCA Attorneys: Gerald L. Gulley, Jr., Knoxville, Tennessee (on appeal); and Donald K. Schold, Naples, Florida (at trial), for the Appellant, Laythaniel Haney, Sr. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Al C. Schmutzer, Jr., District Attorney General; and Charles E. Atchley, Jr., Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: The Petitioner was convicted by a Cocke County jury of seven counts of selling cocaine and one count of simple possession of marijuana. The trial court imposed an effective sentence of thirty-six years in the Tennessee Department of Correction. The convictions and sentence were affirmed on direct appeal. The Petitioner subsequently filed a petition for post-conviction relief, arguing that he received ineffective assistance of counsel at trial. Following a hearing, the trial court denied post- conviction relief, and this appeal ensued. Concluding that the Petitioner received effective assistance of counsel at trial, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/haneyl.wpd
STATE OF TENNESSEE v. MARCUS M. ODEN Court:TCCA Attorneys: Gerald L. Melton, District Public Defender; and Jeffrey S. Henry, Assistant District Public Defender, for the appellant, Marcus M. Oden. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; William C. Whitesell, Jr., District Attorney General; and J. Paul Newman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The Rutherford County Grand Jury indicted the defendant for aggravated child abuse. Pursuant to a negotiated plea agreement, the defendant pled guilty to aggravated assault as a Range II multiple offender for an eight-year sentence, with the manner of service to be determined by the trial court. Following a sentencing hearing, the trial court denied the defendant's request for alternative sentencing and ordered him confined in the Tennessee Department of Correction. In this appeal, the defendant contends he should have received alternative sentencing. After a thorough review of the record, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/odenmm.wpd
STATE OF TENNESSEE v. TOMMY R. POWELL Court:TCCA Attorneys: Tommy R. Powell, Bell Buckle, Tennessee, Pro Se. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Derek K. Smith, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: Defendant was found guilty of violating the state speeding law by the Fairview City Court and, on appeal, was again found guilty by the Circuit Court of Williamson County. In this appeal, defendant contends he was denied his constitutional right to trial by jury, and the evidence was insufficient to support his conviction. Although we find the evidence sufficient to support the conviction, we conclude defendant was deprived of his right to trial by jury. We reverse and remand for a new trial. http://www.tba.org/tba_files/TCCA/powelltr.wpd
STATE OF TENNESSEE v. DANNY TROUT Court:TCCA Attorneys: David E. Brandon (at trial and on appeal) and Peter D. Heil (on appeal), Nashville, Tennessee, for the appellant, Danny Trout. Paul G. Summers, Attorney General and Reporter; Gill Robert Geldreich, Assistant Attorney General; Victor S. (Torry) Johnson, III, District Attorney General; and David G. Vorhaus and Ed Ryan, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: The defendant was convicted by a Davidson County jury of DUI. In this appeal, he alleges the Vehicular Crimes Grand Jury, which was convened in Davidson County to consider only vehicle- related crimes, was illegally empaneled. He further contends the investigatory stop of his automobile was improper. We affirm. http://www.tba.org/tba_files/TCCA/troutd.wpd
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