Opinion FlashAugust 11, 2004
Volume 10 Number 154
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
KENNETH ANTHONY v. STATE OF TENNESSEE Court:TCCA Attorneys: Richard McGee, Nashville, Tennessee, for the Appellant, Kenneth Anthony. Paul G. Summers, Attorney General and Reporter; Michael Moore, Solicitor General; Helena Walton Yarbrough, Assistant Attorney General; Victor S. (Torry) Johnson III; and Dan Hamm, Assistant District Attorney General, for the Appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, Kenneth Anthony, appeals from the Davidson County Criminal Court's dismissal of his petition for post-conviction relief. Anthony was convicted of first degree premeditated murder and attempted second degree murder. On appeal, Anthony argues that he received ineffective assistance of counsel. After review of the record, we reverse the judgment of the post-conviction court and remand for a new trial. http://www.tba.org/tba_files/TCCA/anthonykenneth.wpd
STATE OF TENNESSEE v. JOHN C. WALKER, III WITH CONCURRING OPINION Court:TCCA Attorneys: David N. Brady, District Public Defender, and John B. Nisbet, III, Assistant Public Defender, for the appellant, John C. Walker, III. Paul G. Summers, Attorney General and Reporter; Kathy D. Aslinger, Assistant Attorney General; William E. Gibson, District Attorney General; and Anthony J. Craighead, Assistant District Attorney General, for the appellee, State of Tennessee. Judge: HAYES First Paragraph: The Appellant, John C. Walker, III, was convicted of second degree murder, a Class A felony, and sentenced as a Range I, violent offender to twenty-five years of incarceration. In this direct appeal, Walker alleges that (1) the evidence is insufficient to support his conviction; (2) the trial court erred in failing to dismiss the action due to destruction of evidence; (3) the trial court erred by failing to instruct the jury on certain lesser included offenses and by giving other improper jury instructions, such as instructing on "flight," giving substantive instruction at the beginning of the trial, and providing papers to the jury unseen by counsel; and (4) the trial court erred in sentencing Walker to the maximum sentence of twenty-five years. After review of the record, we find no error and affirm the conviction and resulting sentence. http://www.tba.org/tba_files/TCCA/walkerjciii_opn.wpd CONCURRING OPINION http://www.tba.org/tba_files/TCCA/walkerjciii_con.wpd
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