Opinion Flash

January 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):
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
05 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


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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