Opinion Flash

June 2, 2003
Volume 9 — Number 099

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):
01 New Opinion(s) from the Tennessee Supreme Court
02 New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
01 New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
06 New Opinion(s) from the Tennessee Court of Appeals
16 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


PHILIP RAY WORKMAN V. STATE OF TENNESSEE

Court:TSC

ORDER SETTING EXECUTION DATE

http://www.tba.org/tba_files/TSC/workmanex_opn.wpd
								
PHILIP RAY WORKMAN V. STATE OF TENNESSEE Court:TSC BIRCH DISSENTING http://www.tba.org/tba_files/TSC/workmanex_dis.wpd
MICHAEL DAVID PALMER v. MINCO, INC. and HARTFORD UNDERWRITERS INSURANCE COMPANY Court:TSC - Workers Comp Panel Attorneys: Robert R. Davies, of Knoxville, Tennessee, for the appellant, Minco, Inc. John T. Milburn Rogers, of Greeneville, Tennessee, for the appellee, Michael David Palmer. Judge: BYERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann.S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant appeals the trial court's decision to award a partial vocational disability of sixty-one percent to each hand. Specifically, the defendant argues that the trial court erred in finding the plaintiff had suffered a permanent anatomical injury and thus erred in awarding permanent disability benefits or alternatively that the evidence presented in the case does not support the award of permanent partial disability. We affirm the judgment of the Chancery Court. http://www.tba.org/tba_files/TSC_WCP/palmerm.wpd
DARLENE SUE SINGLETON v. SHELBY WILLIAMS, INC. Court:TSC - Workers Comp Panel Attorneys: Joseph J. Doherty, of Morristown, Tennessee, for the appellant, Shelby Williams, Inc. James M. Davis, of Morristown, Tennessee, for the appellee, Darlene Sue Singleton. Judge: BYERS First Paragraph: This workers' compensation appeal has been referred to the Special Workers' Compensation Appeals Panel of the Supreme Court in accordance with Tenn. Code Ann.S 50-6-225(e)(3) for hearing and reporting to the Supreme Court of findings of fact and conclusions of law. The defendant appeals the trial court's decision awarding the plaintiff compensation of $85,228.80 for a sixty percent permanent partial disability to each arm. Specifically, the defendant argues that the trial court erred: in allowing the introduction of the standard medical report or deposition of Dr. William Gutch into evidence; in accepting the testimony and opinion of Dr. Gutch over that of the treating physician; and by awarding a sixty percent permanent partial disability to each arm. We affirm the judgment of the Circuit Court. http://www.tba.org/tba_files/TSC_WCP/singletond.wpd
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_0602.wpd
CAVALIER METAL CORPORATION v. JOHNSON METAL CONTROLS Court:TCA Attorneys: Paul A. Alexis, Thor Y. Urness, Nashville, TN, for Appellant Vicki H. Hoover, Paris, TN, for Appellee Judge: HIGHERS First Paragraph: Cavalier Metal Corporation sued Johnson Controls, Inc. for a breach of contract. A jury awarded Cavalier $2,029,294.00 in damages. At its motion for new trial, Johnson Controls, Inc. presented two juror affidavits alleging that another juror who had worked at Johnson Controls, Inc. imparted to the jury her knowledge of the very facts and issues at dispute in the trial. JCI had challenged this juror for cause during voir dire, but its motion had been denied. The trial court held the affidavits inadmissable under Tennessee Rule of Evidence 606(b). For the following reasons, we reverse and remand for a new trial. http://www.tba.org/tba_files/TCA/cavaliermetal.wpd
SANDRA K. HOUSTON v. VIRTY HOUSTON Court:TCA Attorneys: Charles A. Spitzer, Jackson, For Appellant, Virty Houston Linda Sesson Taylor, Jackson, For Appellee, Sandra K. Houston Judge: CRAWFORD First Paragraph: Wife filed complaint seeking absolute divorce from Husband and primary custody of couple's minor children. Wife also filed motion for child support pendente lite and motion for temporary restraining order. Husband filed counterclaim for divorce on grounds of inappropriate marital conduct and, in the alternative, irreconcilable differences. Trial court entered decree declaring parties divorced, dividing marital property, and ordering Husband to pay past and future child support obligations. Pursuant to the trial court's decree, a permanent parenting plan was entered assigning Wife as custodial parent of parties' minor children and designating Wife's home as the minor children's primary residence. Husband appeals, challenging court's division of marital property as inequitable, and asserting as error the trial court's failure or refusal to hear minor children's custody preference despite court's statement at hearing that children's preference would be controlling. We vacate and remand. http://www.tba.org/tba_files/TCA/houstonsandra.wpd
EDWARD HUTCHINSON, JAMES HUTCHINSON, and LEIGH HUTCHINSON v. NANCY H. NEUMAN and JAMES L. DAY, JR. Court:TCA Attorneys: J. Payson Matthews, Somerville, Tennessee, and Arthur E. Neuman, Washington, DC, for appellants, Nancy H. Neuman and James L. Day, Jr. Thomas M. Minor, Somerville, Tennessee, for appellees Edward Hutchinson, James Hutchinson, and Leigh Hutchinson. Judge: LILLARD First Paragraph: This is a will construction case. The husband devised a life estate in land to his wife, and at her death, to his devisees. The husband devised other land in fee simple to his wife, and gave her the rest and residue of his estate. The husband died in 1954 and the wife died in 1998. The remaindermen under the husband's will argued that certain real property was included in the wife's life estate and, thus, at her death, devolved to them. The beneficiaries of the wife's will argued that the real property in question was not included in the life estate or mentioned in the husband's will, and thus the land went to the wife in fee simple by operation of the residue clause in the husband's will and should now devolve to them. The trial court found that the husband intended to include the land in question in the life estate to the wife. Therefore, the land devolved to the husband's devisees. The beneficiaries of the wife's estate appeal. We affirm. http://www.tba.org/tba_files/TCA/hutchinsone.wpd
CHARLES T. KIMERY v. UNICOI COUNTY INSURANCE AGENCY, et al. Court:TCA Attorneys: M. Stanley Givens, Johnson City, Tennessee, for Appellant. Arthur M. Fowler, Johnson City, Tennessee, for Appellees. Judge: FRANKS First Paragraph: In a dispute over corporate ownership and management, the Trial Court awarded Judgment for compensatory and punitive damages and attorneys fees. On appeal, we affirm the compensatory damages and attorney fees award, but reverse punitive damage award. http://www.tba.org/tba_files/TCA/kimeryc.wpd
TOWN OF ROGERSVILLE, ex rel ROGERSVILLE WATER COMMISSION v. MID HAWKINS COUNTY UTILITY DISTRICT Court:TCA Attorneys: Douglas T. Jenkins, Rogersville, Tennessee, for Appellant. William E. Phillips, Rogersville, Tennessee, for Appellees. Donald L. Scholes, Nashville, Tennessee, Amicus Curiae, for Tennessee Association of Utility Districts. Judge: FRANKS First Paragraph: Petition to alter Respondent Utility's boundary was sustained by County Executive and Trial Court. On appeal, we vacate and remand with instructions. http://www.tba.org/tba_files/TCA/rogersville.wpd
MARY NELL JONES SACCOMANNO v. MELVIN FRANK SACCOMANNO Court:TCA Attorneys: Chadwick G. Hunt, Savannah, For Appellant, Mary Nell Jones Saccomanno Mary Jo Middlebrooks and Mary S. Scott, Jackson, For Appellee, Melvin Frank Saccomanno Judge: CRAWFORD First Paragraph: This is an appeal from a Final Order, granting the parties a divorce and dividing the marital property. Wife appeals and asserts that the division of marital property is inequitable. We affirm. http://www.tba.org/tba_files/TCA/saccomannomary.wpd
STATE OF TENNESSEE v. MICHAEL R. BATES Court:TCCA Attorneys: David A. Bates, Cumberland Furnace, Tennessee (on appeal), and John P. Cauley, Franklin, Tennessee (at trial), for the appellant, Michael R. Bates. Paul G. Summers, Attorney General & Reporter; Kathy D. Aslinger, Assistant Attorney General; and Michael J. Fahey, Assistant District Attorney General, for the appellee, the State of Tennessee. Judge: WADE First Paragraph: The defendant, Michael R. Bates, was charged with aggravated assault, reckless endangerment, and vandalism over $1000. After a bench trial, he was found not guilty by reason of insanity. See Tenn. Code Ann. S 33-7-303. Subsequently, the trial court ordered the defendant to participate in a mandatory outpatient treatment program. Some four years later, the defendant filed a motion to be released from the treatment program based upon the state's failure to seek renewal of his obligation pursuant to Tennessee Code Annotated section 33-6-621. The trial court denied the motion, concluding that section 33-6-621 was not applicable and that the defendant had to remain in the treatment program until released by the court. In this appeal, the defendant asserts that the trial court erred by determining that Tennessee Code Annotated section 33-7-303 rather than section 33-6-621 was the controlling statute and, in the alternative, if section 33-7-303 is the controlling statute, then that statute is unconstitutional as applied to his case. The judgment is affirmed. http://www.tba.org/tba_files/TCCA/batesmichaelr.wpd
STATE OF TENNESSEE v. BOBBY BLACKMON Court:TCCA Attorneys: Bobby Blackmon, Tiptonville, Tennessee, pro se. Paul S. Summers, Attorney General & Reporter; Renee W. Turner, Assistant Attorney General; Lawrence Ray Whitley, District Attorney General; and Dee David Gay, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: The appellant, Bobby Blackmon, appeals from the lower court's denial of his motion to modify and correct an illegal sentence or in the alternative petition for the writ of habeas corpus. Finding no error in the summary dismissal of the appellant's motion or petition, the judgment of the lower court is affirmed. http://www.tba.org/tba_files/TCCA/blackmonbobby.wpd
STATE OF TENNESSEE v. ALVIN CARROLL Court:TCCA Attorneys: Daniel J. Freemon (on appeal), Lawrenceburg, Tennessee, for the appellant, Alvin Carroll. Paul G. Summers, Attorney General and Reporter; Braden H. Boucek, Assistant Attorney General; Ronald L. Davis, District Attorney General; and Jeffrey L. Long, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: After being indicted for the sale of a controlled substance, the defendant filed an Affidavit of Indigency to obtain a court-appointed lawyer. The State dismissed the drug charges against the defendant and later charged the defendant with aggravated perjury, a Class D felony, regarding his answers to the trial court considering his request for a court-appointed lawyer. He was found guilty and sentenced as a Range I standard offender to two years in the Tennessee Department of Correction, with 180 days to serve and the balance on supervised probation. In this appeal, the defendant presents the following issues for review: (1) the evidence was insufficient to support the jury verdict; (2) the trial court erred in requiring the defendant to go to trial without an attorney; and (3) the trial court erred in sentencing the defendant. This is a case of first impression in Tennessee regarding an aggravated perjury conviction for making false statements to the trial court when requesting a court-appointed lawyer. We conclude the evidence is sufficient to sustain a conviction of aggravated perjury. We conclude the trial court did not err in requiring the defendant to go to trial without an attorney. http://www.tba.org/tba_files/TCCA/carrolla.wpd
CHARLES ROY COLE v. STATE OF TENNESSEE Court:TCCA Attorneys: Michael D. Rasnake, Jackson, Tennessee, for the appellant, Charles Roy Cole. Paul G. Summers, Attorney General and Reporter; Peter M. Coughlan, Assistant Attorney General; James G. Woodall, District Attorney General; and Al Earls, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Petitioner, Charles Roy Cole, filed a petition for post-conviction relief in the Circuit Court of Madison County. Following an evidentiary hearing, the trial court dismissed the petition. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/colecr.wpd
STATE OF TENNESSEE v. BRANDON RONALD CRABTREE Court:TCCA Attorneys: Lawrence Alan Poindexter, Lebanon, Tennessee, for the appellant, Brandon Ronald Crabtree. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Tom P. Thompson, Jr., District Attorney General; David Durham, Assistant District Attorney General; and Brian Fuller, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Following a jury trial, Defendant, Brandon Ronald Crabtree, was found guilty of (1) selling marijuana, a Schedule VI controlled substance in an amount of not less than one-half ounce nor more than ten pounds, a Class E felony, and (2) selling a counterfeit controlled substance, a Class E felony. After a sentencing hearing, Defendant was sentenced to two years for each conviction, and the trial court ordered the sentences to be served consecutively. The trial court also determined at the sentencing hearing that Defendant was then (or at that time) on probation for a prior conviction and that Defendant was in violation of that probation. The trial court revoked Defendant's probation and ordered the original sentence of eighteen months to run consecutively to the sentences imposed for the two felony convictions for an effective sentence of five and one-half years. In his appeal, Defendant does not contest his conviction for selling a Schedule VI controlled substance. However, Defendant contends that the evidence was insufficient to sustain his conviction for the sale of a counterfeit controlled substance. Defendant also challenges the length of his sentences arguing that the trial court failed to follow the principles of the Tennessee Criminal Sentencing Reform Act of 1989 and failed to properly weigh mitigating and enhancing factors. After a careful review of the record, we affirm Defendant's conviction for the sale of a counterfeit controlled substance and affirm the trial court's judgments as to Defendant's sentences. http://www.tba.org/tba_files/TCCA/crabtreebrandonr.wpd
STATE OF TENNESSEE v. THERON DAVIS Court:TCCA Attorneys: William D. Massey and Lorna S. McClusky, Memphis, Tennessee, for the appellant, Theron Davis. Paul G. Summers, Attorney General and Reporter; John H. Bledsoe, Assistant Attorney General; William L. Gibbons, District Attorney General; and David C. Henry and J. Robert Carter, Jr., Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant was convicted by a Shelby County Criminal Court jury of especially aggravated robbery and criminal attempt to commit second degree murder for his role with a codefendant in robbing and shooting the owner of a Memphis jewelry store. He was sentenced by the trial court to consecutive terms of twenty-three years at 100% for the especially aggravated robbery conviction and twelve years at 30% for the attempted second degree murder conviction. In a timely appeal to this court, the defendant raises the following four issues: (1) whether the trial court erred by overruling his motion to suppress the victim's identification testimony; (2) whether the trial court erred by denying his request for a special jury instruction; (3) whether the trial court committed plain error in its instruction of the definition of "knowingly"; and (4) whether the trial court erred by ordering consecutive sentencing. Based on our review of the record and applicable law, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/davisrt.wpd
WILLIAM ANDREW DIXON v. STATE OF TENNESSEE Court:TCCA Attorneys: Thomas F. Bloom, Nashville, Tennessee, for the appellant, William Andrew Dixon. Paul G. Summers, Attorney General and Reporter; Kim R. Helper, Assistant Attorney General; Dan M. Alsobrooks, District Attorney General; and Carey Thompson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The petitioner, William Andrew Dixon, was convicted in 1981 of kidnapping for ransom and sentenced by the jury to life imprisonment without the possibility of parole. Subsequently, he filed a petition for writ of habeas corpus, and our supreme court determined that his sentence was void, remanding for resentencing and concluding that he should have been sentenced to life with the possibility of parole. On remand, the trial court sentenced the petitioner to life with parole, and he appealed the resentencing, arguing that only a jury could impose the sentence. We conclude that the directive of our supreme court was that the punishment should be life with the possibility of parole and that the court could set this punishment. Accordingly, we affirm the judgment of the post- conviction court. http://www.tba.org/tba_files/TCCA/dixonwilliama.wpd
STATE OF TENNESSEE v. JAMIE LOU HANELINE Court:TCCA Attorneys: Daniel J. Taylor, Jackson, Tennessee, for the appellant, Jamie Lou Haneline. Paul G. Summers, Attorney General and Reporter; P. Robin Dixon, Jr., Assistant Attorney General; Robert Radford, District Attorney General; and John Overton, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Jamie Lou Haneline, was convicted by a jury of one count of rape of a child. Following a sentencing hearing, he was sentenced to thirty-eight years in the Department of Correction. In this direct appeal, the Defendant raises three issues: (1) whether the evidence is sufficient to support his conviction; (2) whether the trial court erred by admitting the testimony of a police officer regarding a statement made by the Defendant; and (3) whether the trial court erred by enhancing the Defendant's sentence based upon the offense having been committed to gratify the Defendant's desire for pleasure or excitement. Finding no reversible error, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/hanelinejl.wpd
STATE OF TENNESSEE v. ROBERT TYLER HAYNES Court:TCCA Attorneys: George Morton Googe, District Public Defender; and Stephen P. Spracher, Assistant District Public Defender, for the appellant, Robert Tyler Haynes. Paul G. Summers, Attorney General and Reporter; Christine M. Lapps, Assistant Attorney General; James G. (Jerry) Woodall, District Attorney General; and Jody S. Pickens, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: RILEY First Paragraph: In this direct appeal, the defendant argues the trial court erred in revoking his probation and requiring him to serve his four-year sentence in the Department of Correction. We affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/haynesr1.wpd
STATE OF TENNESSEE v. CLORIE L. JACKSON Court:TCCA Attorneys: Michael Rasnake, Jackson, Tennessee, for the appellant, Clorie L. Jackson. Paul G. Summers, Attorney General and Reporter; Braden H. Boucek, Assistant Attorney General; Jerry Woodall, District Attorney General; and James Thompson, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WELLES First Paragraph: The Defendant, Clorie L. Jackson, was convicted by a jury of forgery and money laundering. The trial court subsequently merged the forgery conviction into the money laundering conviction, and sentenced the Defendant to nineteen years in the Department of Correction. In this direct appeal, the Defendant challenges the sufficiency of the evidence in support of the money laundering conviction, as well as the trial court's jury instructions on that offense. Because we find the evidence insufficient to support the money laundering conviction, we reverse that conviction and dismiss the charge. The conviction for forgery is reinstated. The case is remanded to the trial court for sentencing on the forgery conviction. http://www.tba.org/tba_files/TCCA/jacksoncl.wpd
STATE OF TENNESSEE v. DEBIASI SIRNARD KING Court:TCCA Attorneys: John Allen Brooks, Chattanooga, Tennessee, for the appellant, Debiasi Sirnard King. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; William H. Cox, III, District Attorney General; and Rodney C. Strong, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant was convicted by a jury of second degree murder and was sentenced to twenty-two years in the Tennessee Department of Correction. The defendant brings this appeal and contends the following: (1) The participation of a special prosecutor, hired by the victim's family, is a violation of the defendant's constitutional rights; (2) The trial court erroneously denied defense counsel the opportunity to cross- examine the driver of the vehicle containing the victim, Fernando Hawkins; (3) The trial court failed to give a curative instruction after Detective Hawkins stated that he obtained a warrant for first degree murder of the defendant; (4) The trial court failed to charge the jury on the lesser included offense of facilitation of second degree murder; and (5) The trial court erroneously sentenced the defendant to twenty-two years in the Tennessee Department of Correction. We conclude the trial court did not err and affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/kingds.wpd
ROOSEVELT MALONE v. STATE OF TENNESSEE (CORRECTED OPINION) Court:TCCA Attorneys: Roosevelt Malone, Whiteville, Tennessee, pro se. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; and Randall Eugene Nichols, District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Petitioner, Roosevelt Malone, appeals the post-conviction court's dismissal of his petition for post- conviction relief. Petitioner contends that the post-conviction court erred when it failed to conduct an evidentiary hearing and failed to grant Petitioner sufficient time to amend his petition. Upon review of this matter, we reverse the judgment of the post-conviction court and remand this case for proceedings consistent with this opinion. http://www.tba.org/tba_files/TCCA/malonerooseveltcxcx.wpd
STATE OF TENNESSEE v. STEPHEN MASSEY, A/K/A STEPHANIA Court:TCCA Attorneys: Hershell D. Koger, Pulaski, Tennessee, for the appellant, Stephen Massey. Paul G. Summers, Attorney General and Reporter; Helena Walton Yarbrough, Assistant Attorney General; Mike Bottoms, District Attorney General; and Richard H. Dunavant and Patrick S. Butler, Assistant District Attorneys General, for the appellee, State of Tennessee. Judge: MCGEE OGLE First Paragraph: The appellant, Stephen Massey, was convicted by a jury in the Giles County Circuit Court of two counts of selling less than .5 grams of crack cocaine, Class C felonies, and three counts of selling .5 grams or more of crack cocaine, Class B felonies. The trial court sentenced the appellant as a Range II multiple offender to an effective sentence of eighteen years incarceration in the Tennessee Department of Correction. On appeal, the appellant contends that (1) the trial court erred in denying the appellant's motion to dismiss on speedy trial grounds, (2) the trial court erred in denying the appellant's motion to sever, (3) the trial court erred in allowing the State to exclude two African- Americans from the jury based on their race, and (4) the sentences imposed by the trial court were excessive. Upon review of the record and the parties' briefs, we affirm the judgments of the trial court. http://www.tba.org/tba_files/TCCA/masseys.wpd
STATE OF TENNESSEE v. FREDRICK ROBINSON Court:TCCA Attorneys: A C Wharton, Jr., Shelby County Public Defender; W. Mark Ward, Assistant Public Defender (on appeal); and Kathy Kent, Assistant Public Defender (at trial), for the appellant, Fredrick Robinson. Paul G. Summers, Attorney General and Reporter; J. Ross Dyer, Assistant Attorney General; William L. Gibbons, District Attorney General; and Stephen P. Jones, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: GLENN First Paragraph: The defendant was convicted by a Shelby County Criminal Court jury of aggravated burglary, a Class C felony, and sentenced by the trial court as a Range III, persistent offender to fifteen years in the Department of Correction. In this appeal as of right, he raises two issues: whether the evidence was sufficient to support his conviction and whether the trial court committed reversible error by failing to instruct the jury on the lesser-included offense of facilitation. Following our review, we affirm the judgment of the trial court. http://www.tba.org/tba_files/TCCA/robinsf.wpd
STATE OF TENNESSEE v. ROMEY STONE Court:TCCA Attorneys: Paul G. Whetstone, Mosheim, Tennessee, for the Appellant, Romey Stone. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Brent C. Cherry, Assistant Attorney General; Al C. Schmultzer, Jr., District Attorney General; and Ronald C. Newcomb, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Romey Stone, appeals the decision of the Grainger County Circuit Court revoking his placement in the community corrections program and ordering service of his original sentences in the Department of Correction. On appeal, Stone argues that: (1) the trial court abused its discretion by relying on unreliable evidence in revoking his community corrections sentences, and (2) he was denied due process based upon the lack of a "neutral and detached" fact-finder. After review, the judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/stoneromey.wpd
STEVE E. TODD v. STATE OF TENNESSEE Court:TCCA Attorneys: 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 appellant, State of Tennessee. Thomas H. Potter, Nashville, Tennessee, for the appellee, Steve E. Todd. Judge: GLENN First Paragraph: The petitioner, Steve E. Todd, pled guilty in 1994 to two counts of rape of a child, receiving concurrent twenty-three-year sentences as a Range I offender. He filed a post-conviction petition in 1995 alleging, inter alia, that at the time of his pleas of guilty he had not understood that his sentences would be served without the possibility of parole. Counsel, appointed to represent him, filed an amended petition, which the post-conviction court dismissed following an evidentiary hearing. This court reversed the dismissal and remanded the matter for additional findings to be made. Following the remand, the post-conviction court granted the petition, concluding that the guilty pleas had not been knowing. The State appealed and, following our review, we reverse the order of the post-conviction court and remand this matter for another evidentiary hearing. http://www.tba.org/tba_files/TCCA/toddstevee.wpd

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