Opinion FlashJanuary 9, 2004
Volume 10 Number 006
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. CEDRICK DEANDRE BROWN Court:TCCA Attorneys: Danny H. Goodman, Jr., Tiptonville, Tennessee, for the appellant, Cedrick Deandre Brown. Paul G. Summers, Attorney General and Reporter; Braden H. Boucek, Assistant Attorney General; Thomas A. Thomas, District Attorney General; and Kevin McAlpin, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: The defendant was convicted of two counts of aggravated robbery. He asserts that the trial court erred in denying his motion to suppress based on an unlawful stop and arrest. We conclude that the issue has been waived by the defendant's failure to include it in his motion for a new trial. The judgments of the trial court are affirmed. http://www.tba.org/tba_files/TCCA/browncd1.wpd
STATE OF TENNESSEE v. GLEN RAY GOODRUM Court:TCCA Attorneys: Benjamin S. Dempsey, Huntingdon, Tennessee, for the appellant, Glen Ray Goodrum. Paul G. Summers, Attorney General and Reporter; Renee W. Turner, Assistant Attorney General; G. Robert Radford, District Attorney General; and Eleanor Cahill, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WOODALL First Paragraph: Defendant, Glen Ray Goodrum, was found guilty of driving a motor vehicle after having been declared an habitual motor vehicle offender, in violation of Tennessee Code Annotated section 55- 10-616(a), following a jury trial in the Carroll County Circuit Court. The trial court sentenced him to serve two years in the Department of Correction, and ordered that he serve a community-based alternative in Community Corrections following one year of confinement. The sentence was also ordered to be served consecutively to another sentence in an unrelated case. Defendant has listed numerous issued for review, but has only briefed a portion of the issues. He also failed to timely file his motion for new trial. In addition, the transcript of the sentencing hearing is not included in the record. This court's review is thus limited to Defendant's challenge to the sufficiency of the evidence, and a review of the judgment regarding sentencing. After review, we affirm Defendant's conviction, but remand to the trial court for entry of an amended judgment. http://www.tba.org/tba_files/TCCA/goodrum.wpd
JEREMIAH A. LEAVY v. STATE OF TENNESSEE Court:TCCA Attorneys: Jeannie Kaess, Jackson, Tennessee, for the appellant, Jeremiah A. Leavy. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; J. Ross Dyer, Assistant Attorney General; Elizabeth T. Rice, District Attorney General; and Walt Freeland, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: WEDEMEYER First Paragraph: A Tipton County jury convicted the Petitioner of first degree murder, felony murder, aggravated robbery, and especially aggravated kidnapping. The trial court merged the two murder convictions and imposed a single life sentence with the possibility of parole. On direct appeal, this Court affirmed the conviction, and the Tennessee Supreme Court denied the Defendant's application for permission to appeal. The Petitioner then sought post-conviction relief in the trial court, alleging that he was denied effective assistance of counsel. Following a hearing, the post-conviction court dismissed the petition. The Petitioner filed a motion to reconsider, which the trial court denied, and the Petitioner appealed. Finding no error, we affirm the trial court's dismissal of the petition. http://www.tba.org/tba_files/TCCA/leavyj.wpd
DAVID WILLIAM SMITH v. STATE OF TENNESSEE Court:TCCA Attorneys: John D. Parker, Jr., Kingsport, Tennessee, for the appellant, David William Smith. Paul G. Summers, Attorney General and Reporter; Braden H. Boucek, Assistant Attorney General; H. Greeley Wells, Jr., District Attorney General; and Joseph Eugene Perrin, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: TIPTON First Paragraph: The petitioner, David William Smith, appeals the Sullivan County Criminal Court's denial of his petition for post-conviction relief from his five convictions for attempted second degree murder and resulting effective thirty-two-year sentence as a Range II, multiple offender. He contends that he received the ineffective assistance of counsel because his trial attorney failed to (1) cross-examine state witnesses on testimony conflicting with their prior testimony, (2) advise him that he could receive consecutive sentences, and (3) call the necessary witnesses. We affirm the trial court's denial of the petition. http://www.tba.org/tba_files/TCCA/smithdw2.wpd
STATE OF TENNESSEE v. MATTHEW A. WEBB Court:TCCA Attorneys: Joseph P. Atnip, District Public Defender (on appeal); Didi Christie (on appeal), Brownsville, Tennessee; and Charles S. Kelly and Charles S. Kelly, Jr. (at trial), Dyersburg, Tennessee, for the appellant, Matthew A. Webb. Paul G. Summers, Attorney General & Reporter; J. Ross Dyer, Assistant Attorney General; and Thomas A. Thomas, District Attorney General, for the appellee, State of Tennessee. Judge: WILLIAMS First Paragraph: After a jury trial, the defendant was found guilty of aggravated assault and sentenced as a Range I, standard offender to five years in the Tennessee Department of Correction. He contends on appeal that 1) the evidence was insufficient to sustain the conviction, 2) the trial court erred in admitting a photograph of the victim, and 3) the trial court erred in denying any form of alternative sentencing. The judgment of the trial court is affirmed. http://www.tba.org/tba_files/TCCA/webbma.wpd
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