Opinion Flash

August 16, 2002
Volume 8 — Number 143

Following this index are summaries of each case, including its name, first paragraph, author's name, and the names of attorneys for the parties of each opinion.

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


STATE OF TENNESSEE v. JANET HUFFINE DYKES

Court:TCCA

Attorneys:

A. Scott Pratt, Jonesborough, Tennessee, for the appellant, Janet
Huffine Dykes.

Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger,
Assistant Attorney General; Joe Crumley, District Attorney General;
and Steve Finney, Assistant District Attorney General, for the
appellee, State of Tennessee.                         

Judge: WELLES

First Paragraph:

The Defendant, Janet Huffine Dykes, was convicted by a jury of one
count of reckless aggravated assault and one count of aggravated child
abuse through neglect.  The trial court merged the assault conviction
into the child abuse conviction and sentenced the Defendant as a Range
I standard offender to fifteen years in the Department of Correction. 
The Defendant now appeals as of right, challenging the sufficiency of
the evidence in support of her convictions.  We find the evidence is
not sufficient to support the Defendant's conviction of aggravated
child abuse through neglect and therefore reverse that conviction.  We
find the evidence sufficient to support the reckless aggravated
assault conviction, and affirm that conviction.  Because the Defendant
was not sentenced for reckless aggravated assault, we remand this case
for sentencing on the Defendant's conviction for reckless aggravated
assault.

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

STATE OF TENNESSEE v. TIMOTHY WAYNE GRIMES

Court:TCCA

Attorneys:

William (Jake) Bradley Lockert III, District Public Defender;
Christopher L. Young, Assistant Public Defender (at trial and on
appeal); and Merrilyn Feirman, Nashville, Tennessee (on appeal), for
the appellant, Timothy Wayne Grimes.

Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr.,
Assistant Attorney General;  Dan Mitchum Alsobrooks, District Attorney
General; and Suzanne M. Lockert, Assistant District Attorney General,
for the appellee, State of Tennessee.                        

Judge: WILLIAMS

First Paragraph:

Defendant was convicted of criminal trespass and resisting arrest.  On
appeal, defendant asserts that (1) there was insufficient evidence to
sustain the convictions, (2) the trial court's instruction to the jury
was error in that it went to the "ultimate issue" of defendant's guilt
of criminal trespass, and (3) the trial court abused its discretion in
allowing defendant to be impeached with a prior conviction for
aggravated assault.  We affirm the judgment of the trial court.

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

STATE OF TENNESSEE v. RUSSELL MAZE

Court:TCCA

Attorneys: 

Terry J. Canady, Madison, Tennessee, for the appellant, Russell Maze.

Paul G. Summers, Attorney General & Reporter; Jennifer L. Bledsoe;
Victor S. Johnson, District Attorney General; and Katy Novak Miller,
Assistant District Attorney General, for the appellee, State of
Tennessee.

Judge: SMITH

First Paragraph:

A Davidson County grand jury indicted the defendant on one count of
class A felony aggravated child abuse.  A trial jury subsequently
convicted him as charged.  For this conviction  the trial court
sentenced him as a violent offender to serve twenty-one years.  He
next unsuccessfully pursued a motion for a judgment of acquittal or in
the alternative a new trial.  Through this appeal the defendant
continues to assert that the trial court erred in not properly
instructing the jury on lesser- included offenses and by admitting
contested medical testimony. While the second contention merits no
relief, we must reverse the conviction and remand the matter based
upon error in instructing lesser-included offenses.

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

STATE OF TENNESSEE v. TRACEY DION PAYNE

Court:TCCA

Attorneys:

C. Dawn Deaner, Assistant Public Defender; and Jerrilyn Manning; and
Amy D. Harwell, Assistant Public Defenders, (on appeal and at trail),
for appellant, Tracey Dion Payne.

Paul G. Summers, Attorney General & Reporter; David H. Findley,
Assistant Attorney General; Victor S. Johnson, District Attorney
General; Bernie McEvoy, Assistant District Attorney General; and Sara
Davis, Assistant District Attorney General, for appellee, State of
Tennessee.                        

Judge: SMITH

First Paragraph:

The defendant was convicted of two counts of rape of a child pursuant
to a jury trial.  He was charged with a total of four counts of rape
of a child, with two counts per indictment.  The trial court
consolidated these two indictments for trial.  However, the trial
court dismissed one indictment due to certain improprieties that
occurred during the testimony of one of the victims. For the
aforementioned convictions, the trial court sentenced the defendant to
serve an aggregate sentence of forty years, which was comprised of two
consecutive twenty-year sentences.   The defendant now brings the
instant appeal challenging the sufficiency of the evidence supporting
the defendant's conviction, the trial court's decision to consolidate
the defendant's two indictments, and the trial court's failure to
declare a mistrial at the close of the prosecutor's closing argument. 
After reviewing the record, we find that the trial court improperly
consolidated the two indictments for trial and therefore reverse and
remand this case for a new trial.

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

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