Opinion FlashDecember 29, 2003
Volume 9 Number 123
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
SUPREME COURT OF TENNESSEE SUPREME COURT DISCRETIONARY APPEALS Court:TSC - Rules http://www.tba.org/tba_files/TSC_Rules/certlist_1229.wpd
STATE OF TENNESSEE v. FRED ELLIOT HUNTER CORRECTED OPINION Court:TCCA Attorneys: Tony L. Maples, Murfreesboro, Tennessee, for the appellant, Fred Elliot Hunter. Paul G. Summers, Attorney General & Reporter; P. Robin Dixon, Jr., Assistant Attorney General; Victor S. Johnson, District Attorney General; and John Zimmerman, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: SMITH First Paragraph: The appellant, Fred Elliot Hunter, was convicted by a jury of conspiracy to possess with the intent to deliver three hundred (300) grams or more of a substance containing cocaine, a Class A felony. The appellant was sentenced to twenty-one (21) years as a Range I Standard Offender and fined $2,000. The trial court denied the appellant's motion for new trial, and he appeals, arguing: (1) that the trial court erred in failing to grant the appellant's motion for judgment of acquittal; (2) that the trial court erred in failing to grant the appellant's motion to dismiss for want of a speedy trial; (3) that the evidence was insufficient to sustain the conviction; (4) that the trial court erred in admitting the appellant's manslaughter conviction; (5) that the trial court erred in failing to consider appropriate mitigating factors in sentencing; and (6) that the trial court failed to order alternative sentencing. We affirm the judgment of the trial court. CORRECTED OPINION http://www.tba.org/tba_files/TCCA/hunterfred.wpd
STATE OF TENNESSEE v. CHRISTOPHER C. RIGSBY Court:TCCA Attorneys: Edward L. Boring, Pikeville, Tennessee, for the Appellant, Christopher C. Rigsby. Paul G. Summers, Attorney General & Reporter; Braden H. Boucek, Assistant Attorney General; J. Michael Taylor, District Attorney General; and Steven Strain, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: The defendant, Christopher C. Rigsby, appeals from the Bledsoe County Circuit Court's denial of alternative sentencing following his conviction of aggravated assault. Because the record supports the trial court's ordering the defendant to serve the six-year sentence in the Department of Correction, we affirm. http://www.tba.org/tba_files/TCCA/rigsbychristopherc.wpd
JOHN ROBERT TORY, JR. v. STATE OF TENNESSEE Court:TCCA Attorneys: M. Christopher Coffey, Knoxville, Tennessee, for the Appellant, John Robert Tory, Jr. Paul G. Summers, Attorney General & Reporter; Braden H. Boucek, Assistant Attorney General; Randall E. Nichols, District Attorney General; and Marsha Selecman, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: WITT First Paragraph: This opinion adjudicates John Robert Tory, Jr.'s appeal from the Knox County Criminal Court's denial of his 1994 petition for post-conviction relief. He filed the petition to challenge his 1992 jury convictions of first degree murder and especially aggravated robbery. Following a hearing in which counsel argued but no evidence was presented, the post-conviction court rejected the petitioner's claims that his especially aggravated robbery conviction violated double jeopardy principles, that the trial court erred in not instructing the jury as to second degree murder as a lesser included offense of first degree felony murder, and that trial counsel was ineffective in failing to demand an instruction on second degree murder as a lesser included offense. Because the record and the applicable law support the denial of post-conviction relief, we affirm. http://www.tba.org/tba_files/TCCA/toryjohnrobertjr.wpd
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