June 9, 2003
Volume 9 Number 104
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):
||New Opinion(s) from the Tennessee Supreme Court
||New Opinion(s) from the Tennessee Supreme Court Workers' Compensation Panel
||New Document(s) or Proposed Rule(s) from the Tennessee Supreme Court
||New Opinion(s) from the Tennessee Court of Appeals
||New Opinion(s) from the Tennessee Court of Criminal Appeals
||New Opinion(s) from the Tennessee Attorney General (PDF format)
||New Judicial Ethics Opinion(s)
||New Formal Ethics Opinion(s) from the Board of Professional Responsibility
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Howard H. Vogel
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS
Court:TSC - Rules
STATE OF TENNESSEE, DEPARTMENT OF CHILDREN'S SERVICES v. RB, IN THE
MATTER OF: REB, (D.O.B. 6/20/96) A Child Under Eighteen Years of Age.
Janice A. Russell, Mountain City, Tennessee, for Appellant.
Paul G. Summers, Attorney General, and Elizabeth C. Driver, Assistant
Attorney General, Nashville, Tennessee, for Appellee.
Mark Dugger, Elizabethton, Tennessee, Guardian Ad Litem for the minor
Trial Court terminated father's parental rights for failure to support
child. On appeal, we affirm.
STATE OF TENNESSEE v. TRACY LARENZO GOODWIN, ALIAS LAWANDA CARTER
A. Christian Lanier, III, Chattanooga, Tennessee, and Johnny D.
Houston, Jr., Chattanooga, Tennessee (at trial), for the appellant,
Tracy Larenzo Goodwin.
Paul G. Summers, Attorney General and Reporter; Dana M. Ausbrooks,
Assistant Attorney General; William H. Cox, III, District Attorney
General; and Barry A. Steelman, Assistant District Attorney General,
for the appellee, State of Tennessee.
A Hamilton County Criminal Court jury convicted the defendant, Tracy
Larenzo Goodwin, of two counts of reckless aggravated assault, a Class
D felony; one count of reckless endangerment, a Class E felony; and
one count of criminally negligent homicide, a Class E felony. The
trial court sentenced him as a Range III, persistent offender to
concurrent sentences of twelve years in the Department of Correction
(DOC) for the reckless aggravated assault convictions. For the
reckless endangerment and criminally negligent homicide convictions,
the defendant received six-year sentences to be served concurrently to
each other but consecutively to the reckless aggravated assault
sentences for an effective sentence of eighteen years. The defendant
appeals, claiming (1) that the evidence is insufficient to support the
convictions; (2) that the trial court erred by denying his motion to
sever the aggravated assault offenses from the reckless endangerment
and criminally negligent homicide offenses; (3) that his convictions
for reckless endangerment and criminally negligent homicide violate
protections against double jeopardy; and (4) that his sentences are
excessive. We affirm the judgments of the trial court.
STATE OF TENNESSEE v. RANDALL A. MYERS
Mack Garner, District Public Defender; Julie A. Rice, Contract
Appellate Defender, Knoxville, Tennessee, for the Appellant, Randall
Paul G. Summers, Attorney General and Reporter; Michael Moore,
Solicitor General; Peter M. Coughlan, Assistant Attorney General;
Michael L. Flynn, District Attorney General; and Edward P. Bailey,
Jr., Assistant District Attorney General, for the Appellee, State of
The Appellant, Randall A. Myers, appeals the revocation of his
community correction sentences by the Blount County Circuit Court.
Myers pled guilty to seven counts of deceptive business practices and
eight counts of theft, and he received an effective four-year
sentence. As a result of these convictions, he was placed on
intensive probation but, following violations of his release, he was
re- sentenced to community corrections. Myers then proceeded to
violate his community corrections agreement, and the trial court
ordered him to serve the remainder of his sentences in the Department
of Correction. On appeal, Myers asserts that the evidence was
insufficient to establish that the violations occurred. After review
of the record before us, we find no error. Accordingly, the judgment
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