Opinion FlashNovember 7, 2002
Volume 8 Number 198
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):
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Howard H. Vogel
STATE OF TENNESSEE v. JAMES SPURLING Court:TCCA Attorneys: Lee Ledbetter, Assistant Public Defender, Athens, Tennessee and Merrilyn Fierman, Nashville, Tennessee, for the appellant, James Spurling. Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, Assistant Attorney General; Jerry N. Estes, District Attorney General; and Chuck Pope, Assistant District Attorney General for the appellee, State of Tennessee. Judge: SMITH First Paragraph: The defendant, James Spurling, was convicted by a jury of the offenses of attempted first degree murder and assault with a deadly weapon. The trial court merged the assault conviction into the attempted murder conviction and sentenced the defendant to twenty-three-years incarceration in the state penitentiary. In this appeal the defendant raises three issues: (1) whether there is sufficient evidence that the defendant premeditated the attempted murder; (2) whether the trial court erred in admitting into evidence certain photographs of the victim; and (3) whether the trial court erred in sentencing the defendant. After a careful review of the evidence and the applicable law, we find no reversible error and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/spurlingjames.wpd
STATE OF TENNESSEE v. EDWARD JACKSON THORPE Court:TCCA Attorneys: Bryan H. Hoss and C. Leland Davis, Chattanooga, Tennessee, for the appellant, Edward Jackson Thorpe. Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, Assistant Attorney General; Bill Cox, District Attorney General; and Thomas Kimball, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: The defendant, Edward Jackson Thorpe, was convicted by a jury of the offense of aggravated vehicular homicide and leaving the scene of an accident involving death. He received sentences of twenty-two year's incarceration and two year's incarceration, respectively. In this appeal he maintains that the evidence is insufficient to support the verdict. After a careful review of the record and the applicable law we must disagree and affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/thorpeedward.wpd
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