Opinion Flash

December 6, 2002
Volume 8 — Number 214

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
07 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


RANDY CALDWELL & STEVIE W. CALDWELL v. STATE OF TENNESSEE        

Court:TCCA

Attorneys:  

Harvey Douglas Thomas, Algood, Tennessee, for the appellant, Randy W.
Caldwell.

Cynthia F. Burnes, Nashville, Tennessee, for the appellant, Stevie W.
Caldwell.

Michael E. Moore, Solicitor General; David H. Findley, Assistant
Attorney General; William Edward Gibson, District Attorney General;
and Benjamin W. Fann and Anthony J. Craighead, District Attorneys
General, for the appellee, State of Tennessee.                        

Judge: WILLIAMS

First Paragraph:

The petitioners, brothers, were tried and convicted, jointly, of first
degree murder, aggravated arson, and conspiracy to commit arson
against personal property.  They filed petitions for post- conviction
relief, which the post-conviction court denied.  After careful review,
we affirm the decision of the post-conviction court.

http://www.tba.org/tba_files/TCCA/caldwellr.wpd
								
STATE OF TENNESSEE v. MARK E. CONNER Court:TCCA Attorneys: Margaret Jane Powers, Crossville, Tennessee, for the appellant, Mark E. Conner. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; Bill Gibson, District Attorney General; and Terry D. Dycus, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Mark E. Conner, was convicted by a jury of attempting to manufacture methamphetamine, a Class D felony. In this appeal as of right, the Defendant argues four issues: (1) whether the evidence was sufficient to sustain his conviction, (2) whether the trial court erred by denying the Defendant's motion to exclude the testimony of witnesses Sherri Conner, the Defendant's wife and former co-defendant, and Gloria Whitehead, the Defendant's mother-in-law, (3) whether the trial court erred by denying the Defendant's motion to require the State to provide the Defendant with any statement, arrest history, and prior convictions of the State's witnesses, and (4) whether the trial court erred by denying the Defendant's motion to exclude the State's photographs and the Defendant's request to introduce at trial the remaining photographs that were provided to the Defendant during discovery. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/connerme.wpd
STATE OF TENNESSEE v. QUINN L. HAMILTON Court:TCCA Attorneys: John E. Rodgers, Jr., Nashville, Tennessee, for the appellant, Quinn L. Hamilton. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Bret T.Gunn, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: A jury convicted the Defendant, Quinn L. Hamilton, of aggravated robbery, a Class B felony, and evading arrest, a Class D felony. The trial court sentenced the Defendant as a Range II multiple offender to consecutive terms of nineteen years and seven years, respectively, for an effective sentence of twenty-six years, to be served in the Department of Correction. In this appeal as of right, the Defendant contends that the trial court erred in declaring the victim witness unavailable and allowing his prior testimony to be admitted at trial as substantive evidence. We affirm the trial court's judgment. http://www.tba.org/tba_files/TCCA/hamiltonql.wpd
ANTHONY HODGES v. STATE OF TENNESSEE Court:TCCA Attorneys: Dwight E. Scott, Nashville, Tennessee, for the appellant, Anthony Hodges. Paul G. Summers, Attorney General and Reporter; Elizabeth B. Marney, Assistant Attorney General; Victor S. Johnson, District Attorney General; and Bernard F. McEvoy, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Anthony Hodges, was convicted by a jury of first degree felony murder and aggravated child abuse. He was sentenced to concurrent sentences of life without parole and twenty- five years, respectively, to be served in the Department of Correction. The Defendant's convictions and sentences were affirmed on direct appeal. See State v. Hodges, 7 S.W.3d 609 (Tenn. Crim. App. 1998). The Defendant subsequently petitioned for post-conviction relief, which the trial court denied. The Defendant now appeals, alleging that he received ineffective assistance of counsel at trial and that his due process rights were violated by the trial court's failure to instruct the jury on second degree murder; by the State's employment of inconsistent theories of guilt at his and his co- defendant's separate trials; and by the denial of his right to testify. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/hodgesa.wpd
STATE OF TENNESSEE v. RANDOLPH SCOTT JENNINGS Court:TCCA Attorneys: Ardena Garth, District Public Defender, and Donna Robinson Miller, Assistant District Public Defender, Chattanooga, Tennessee, for the Appellant, Randolph Scott Jennings. Paul G. Summers, Attorney General & Reporter; David H. Findley, Assistant Attorney General; William H. Cox, III, District Attorney General; and Rodney C. Strong and Parke Masterson, Assistant District Attorneys General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: Randolph Scott Jennings appeals from his Hamilton County conviction of aggravated robbery. He was found guilty by a jury of his peers and sentenced by the trial court to a seventeen-year, Range II term in the Department of Correction. In this direct appeal, he alleges error in the trial court's (1) denial of his motion to suppress evidence of a "showup" identification and admission of the subsequent in-court identification of him as the perpetrator of the crime, (2) denial of motions to compel production of clothing the defendant wore at the time of his arrest, or alternatively, to dismiss the charged based upon the state's inability to produce the clothing, and (3) application of enhancement factors, imposition of a Range II sentence, and order of consecutive sentencing. Because we are unpersuaded of error, we affirm. http://www.tba.org/tba_files/TCCA/jennings.wpd
STATE OF TENNESSEE v. ANN MARIE THORNTON KELLY Court:TCCA Attorneys: Hershell Koger, Pulaski, Tennessee, for the appellant, Ann Marie Thornton Kelly. Paul G. Summers, Attorney General and Reporter; Elizabeth T. Ryan, Assistant Attorney General; Mike Bottoms, District Attorney General; and Richard Dunavant, Patrick Butler, and Cindi Johnson, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The appellant, Ann Marie Thornton Kelly, was indicted by the Giles County Grand Jury on twenty counts relating to incidents involving the sexual abuse of her children. She was ultimately convicted of two counts of rape of a child, three counts of criminal responsibility for rape of a child, one count of aggravated sexual battery, one count of criminal responsibility for aggravated sexual battery, and one count of incest. The trial court imposed a total effective sentence of sixty-two years incarceration in the Tennessee Department of Correction. On appeal, the State concedes that the appellant was not competent to stand trial. Upon review of the record and the parties' briefs, we reverse the judgments of the trial court. http://www.tba.org/tba_files/TCCA/kellyamt.wpd
STATE OF TENNESSEE v. COLIN REED WELLS Court:TCCA Attorneys: Richard Clark and Russell Greene, Knoxville, Tennessee, for the Appellant, Colin Reed Wells. Paul G. Summers, Attorney General & Reporter; Elizabeth B. Marney, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Marsha Mitchell, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant, Colin Reed Wells, was convicted by a Knox County Criminal Court jury of carjacking (Class B felony), robbery (Class C felony), aggravated assault (Class C felony), resisting arrest (Class B misdemeanor), violation of driver's license law (Class B misdemeanor), evading arrest (Class A misdemeanor), evading arrest (Class D felony), and assault (Class A misdemeanor). Following his convictions, the trial court merged some convictions and imposed an effective sentence of 32 years as a multiple offender in the Department of Correction. On appeal, he claims his carjacking conviction is infirm because the prosecution failed to disclose exculpatory evidence. Discerning no error, we affirm. http://www.tba.org/tba_files/TCCA/wellsc.wpd

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