Opinion Flash

May 1, 2002
Volume 8 — Number 075

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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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. KEITH A. OTEY

Court:TCCA

Attorneys:

C. Dawn Deaner, Assistant Public Defender, Nashville, Tennessee, for
appellant, Keith A. Otey.

Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; and Bret Gunn, Assistant District Attorney General, for
appellee, State of Tennessee.

Judge: SMITH

First Paragraph:

The Defendant, Keith A. Otey, was convicted one count of driving on a
revoked license and one count of possession of .5 grams or more of
crack cocaine with the intent to sell or deliver.  After a sentencing
hearing, the trial court sentenced the Defendant as a Range I standard
offender to ten days for the revoked license conviction and ten years
and a $2,000 fine for the drug conviction.  The sentences were to be
served concurrently.  On appeal, the Defendant argues that the trial
court erred in (1) denying the Defendant's motion to suppress evidence
seized from and a statement made by the Defendant as a result of an
illegal stop; (2) allowing the State to introduce evidence of a prior
cocaine sale made by the Defendant; (3) allowing hearsay evidence
regarding the Defendant's prior cocaine sale; and (4) ruling that a
ten-year-old incident involving the Defendant giving a false name to a
police officer could be used to impeach the Defendant if he chose to
testify.  We reverse the judgment of the trial court and remand for
further proceedings consistent with this opinion.

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

STATE OF TENNESSEE v. GREGORY SCOTT PAYNE

Court:TCCA

Attorneys:  

Fannie J. Harris, Nashville, Tennessee, for the appellant, Gregory
Payne.

Paul G. Summers, Attorney General and Reporter; David H. Findley,
Assistant Attorney General; Victor S. Johnson, III, District Attorney
General; and Bernard F. McEvoy, Assistant District Attorney General,
for the appellee, State of Tennessee.                        

Judge: WOODALL

First Paragraph:

Defendant, Gregory Scott Payne, was indicted by a Davidson County
Grand Jury for one count of sexual battery, one count of attempted
rape, and two counts of rape.  Following a trial, the jury found
Defendant guilty of one count of sexual battery, a Class E felony, as
a lesser-included offense of one of the rape charges, and not guilty
of the remaining offenses.  The trial court subsequently sentenced
Defendant as a standard Range I offender to two years in confinement. 
In this appeal, Defendant asserts that (1) the evidence was
insufficient to support his conviction, and (2) the trial court erred
by denying his motion to strike the victim's testimony or declare a
mistrial (based on the failure of the police to produce the taped
recording of the victim's statement).  Defendant also contends that
the trial court erred by imposing the maximum sentence length and by
denying him probation or any other form of alternative sentencing. 
After reviewing the record, we affirm the judgment of the trial court.

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

GREGORY PIGG v. STATE OF TENNESSEE

Court:TCCA

Attorneys:

William J. Eledge, Lawrenceburg, Tennessee, for the appellant, Gregory
Pigg.

Paul G. Summers, Attorney General and Reporter; Christine M. Lapps,
Assistant Attorney General; T. Michael Bottoms, District Attorney
General; and J. Douglas Dicus, Assistant District Attorney General,
for the appellee, State of Tennessee.

Judge: RILEY

First Paragraph:

The petitioner originally pled guilty to aggravated rape and, by
agreement, was sentenced to fifteen years imprisonment.  Petitioner
timely sought post-conviction relief, which was denied by the post-
conviction court.  In this appeal, the petitioner contends he received
ineffective assistance of counsel.  We disagree and affirm the
judgment of the post-conviction court.

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

BRIAN ROBERSON v. STATE OF TENNESSEE

Court:TCCA

Attorneys:  

Georgia Ann Blythe Felner, Franklin, Tennessee, for the appellant,
Brian Roberson.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe,
Assistant Attorney General;  Ronald L. Davis, District Attorney
General; and Derek K. Smith, Assistant District Attorney General, for
the appellee, State of Tennessee.

Judge: WILLIAMS

First Paragraph:

The petitioner appeals the trial court's denial of his petition for
post-conviction relief.  He claims that he received ineffective
assistance of counsel. After review, we affirm the judgment of the
post-conviction court.

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

STATE OF TENNESSEE v. JESSE R. SCRUGGS

Court:TCCA

Attorneys:  

John H. Henderson, District Public Defender, and Eugene J. Honea,
Assistant Public Defender, for the appellant, Jesse R. Scruggs.

Paul G. Summers, Attorney General and Reporter; Thomas E. Williams,
III, Assistant Attorney General; Ronald L. Davis, District Attorney
General; and Sharon E. Guffee, Assistant District Attorney General,
for the appellee, State of Tennessee.                        

Judge: WILLIAMS

First Paragraph:

The defendant was convicted of DUI and driving in violation of a
Habitual Traffic Offender Order.  Based upon our review of the record,
we conclude that there is sufficient evidence corroborating the
defendant's statement that he was driving.  Furthermore, the trial
court is presumed to have fulfilled its role as thirteenth juror when,
as in the instant case, the trial court overrules a defendant's motion
for new trial without comment.  The judgment of the trial court is
affirmed.

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

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